Terms, Conditions and Policies

You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Moranic have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We will endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

Design

We create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS within an open source Content Management System so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback. We’ll share our working with you and have regular contact. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we have produced until that point and cancel this contract.

Text content

We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.

Photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. We support the last two versions of these major browsers. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

Mobile browser testing

Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in:

iOS: Safari, Google Chrome Android 4.x: Google Chrome and Firefox

We currently don’t test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.

Technical Support and Hosting

We provide Technical Support and hosting to the best of our ability, but no software is bug-free and no hosting has 100% up-time. We will respond quickly and reasonably to any requests due to a site not being available but we are ultimately reliant on the Terms of Conditions of Dreamhost (who boast 99% up-time of their hosted sites) for a timely response. We do not take responsibility for costs incurred to you or any third party due to any web site downtime which may occur but will always take reasonable action to ensure the highest level of web site up-time we can.

Changes and revisions

We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.

Legal

We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you have permission to use them.

When your final payment has cleared for the delivery of a website, copyright will be automatically assigned as follows:

You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.

We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

We love to show off our work and share what we have learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.

Payments

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. Invoices are normally sent out with a time in which they are payable within. Where this is not in evidence, 30 days is our standard time period. With deposits work won’t begin until the deposit has been paid. We ask for a 50% deposit at the beginning of the project and another 50% once the website is made live.

Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Payment of an invoice acts as acceptance of these terms and conditions.

Organisational Measures as a Data Processor

We work to keep yours and client’s data safe by ensuring GDPR compliant data standards as we well as provide you with the information you need, on request, to ensure your own GDPR policies are up-to-date.

Data we hold in website databases is protected through the hosts we choose and third party data processors we use. We also hold data backups of websites which are used for development purposes. For development and debugging purposes these are held on encrypted, password protected laptops and PCs. To support GDRP complains, the following practices apply to our work and support of your website.

where third party software providers providing plug-ins or other software for a client’s website, we will act in a timely manner on any information about vulnerabilities by implementing the fixes they recommend or disabling that software until such vulnerabilities can be fixed
we will act to ensure any code we write is according to relevant standards to protect yours and your clients data
we will delete unused development data regularly, and update from your main databases regularly
cloud backups of old data will be deleted regularly and automatically by our chosen backup software
we use standard CMSs for website development, or for bespoke solutions we use web standards approaches with recognised and well-used technologies, relying on the application protocols of CMSs and software stacks to help secure against intrusion and attack.

We provide industry standard consultancy on the choices made to implement solutions but can’t be held responsible for third party failures.

Third Party Data Processors

We use Dropbox Google Drive for some project related information as well as backup storage of websites whose GDRP policies are respectively at https://help.dropbox.com/security/terms-service-privacy-policy and https://www.google.com/drive/terms-of-service/

We also Google Analytics, by agreement, on many of our websites https://marketingplatform.google.com/about/analytics/terms/us/

We use Trello for project management purposes https://support.atlassian.com/trello/docs/trello-and-gdpr-our-commitment-to-data-privacy/

We may help to implement other data processors in agreement with clients for use as email providers, CRM providers or other data purposes and, in such situations, it the responsibility of our clients to ensure compliance with their own GDPR and privacy policies.

Occasionally, third party software developers require access to debug an issue or fix a problem with their software. Larger providers of regularly used software include.

Liquid Web https://www.liquidweb.com/about-us/policies/
GiveWP https://givewp.com/privacy-policy/

With smaller providers, we’ll inform you of any need for access to your website as the need arises and to come up with alternative approaches where you might be unhappy to do so.

Hosting Services

Where we provide hosting services to our clients we act as data processors on the behalf of our client who are data controllers under the terms of the regulation.

Hosting of our websites is provided via SiteGround https://de.siteground.com/viewtos/siteground_terms_of_service?scid=3&lang=en

GDPR Statement

The Web Foundry Consolutancy Ltd. is located at The Cigar Factory, Raleigh Rd, Southville, Bristol BS3 1QU and has a contact email address of hello@thewebfoundry.net.

We collect data in order to provide quotes to prospective clients and to fulfil contractual requirements. This information may be retained for up to 7 years for financial recording reasons as required by regulators. Further, data may be retained for the purposes of client communication, the marketing of similar services and for regulatory or legal defence reasons until such time as these details would no longer be relevant or required. If this contractually necessary information is not provided we will be unable to satisfactorily communicate with clients and so be unable to act effectively on any requests from such clients.

This data will be in the form of names, email addresses, telephone numbers and other contact details such as Instant Messaging account names, IP addresses and possibly other online identifiers.

We do not sell or transfer data onwards to other recipients, nor do we transfer data to third countries or international organisations that do not have an adequacy agreement.

Data subjects have the right to request objection, access, deletion, alteration, restriction of processing, withdrawal of consent, and data portability. We do not engage in profiling or automated decision making. To exercise these rights please contact us using the details provided above.

Data subjects also have a right to raise a complaint with the UK supervisory authority (the ICO) and their contact details can be found online.

Disclaimer

Nothing on this statement constitutes legal advice. Specialist legal advice should be taken in relation to specific circumstances.

The contents of this site are for general information purposes only. Whilst we endeavour to ensure that the information in this statement is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission.

We shall not be liable for any damage (including, without limitation, damage for loss of business or loss of profits) arising in contract, tort or otherwise from the use of, or inability to use, this site or any material contained in it, or from any action or decision taken as a result of using this site or any such material.