Terms of Business

‘Webscape Gardener’, ‘We’ and ‘Us’ refers to Alice Gardiner trading as Webscape Gardener, or contractors engaged by Webscape Gardener.

‘You’ means the individual or organisation which requested the work from Webscape Gardener, or others acting on behalf of that individual or organisation.

Payment terms, refunds and cancellation

We expect payment within 15 working days of an invoice date, unless otherwise agreed before the work is started.

For most projects, we ask for a non-refundable deposit of 50% of the total quoted (or 50% of the lowest estimated cost) before we start any work.

If a project is cancelled or postponed part-way through, you will also be charged for work already done on your behalf over and above the deposit.

Cancellations must be made in writing.

Refunds are not available for work already carried out by us or for direct costs incurred by us on your behalf.

We hope you’ll be happy with our work but if you have any concerns, please contact us as soon as possible and we will do our best to remedy the situation. Please note that this may incur additional costs unless the work done by us clearly did not meet your written requirements.

Liability

It is your responsibility to make sure that you have the right to use any copy, assets (such as images or video) which you supply to us for use on your website, and that content and activity on your site is legal. We will not be liable for any costs or damages incurred if you don’t have appropriate clearances or if your website breaks any laws (including but not limited to: libel, copyright and data protection), whether in the UK or elsewhere.

We will not be liable for any disputes or costs between you and any third party.

We will not be liable for any losses due to hacking or other malicious action, or due to problems with website hosting.

Delays and changes

We will always try to meet agreed deadlines, but we can’t guarantee to do so and will not be liable for costs or other consequences of missed deadlines. We expect you to respond in a timely manner to reasonable requests for information, assets and approvals or decision making. We reserve the right to cancel the contract at cost to you in the event of substantial delays caused by lack of response to our requests. If a project is postponed or delayed by you for a long period, we may charge an additional fee to restart the project.

Any changes to the original brief must be confirmed in writing. We will let you know within ten working days (usually sooner) whether such changes will affect the cost and/or deadline for the project and we will advise you of revised fees and milestones as soon as possible after that.

Third party costs

At your request, we may source and purchase goods or services on your behalf, for example, domain name registration, website hosting, design themes, fonts, plugins or images. Once you have commissioned us to purchase such goods or services, you will be liable for the total cost, including any administration fee which we may apply, whether or not you eventually make use of such goods or services. In the case of images, you will also be charged for any time spent researching, sourcing and editing the image(s). Unless otherwise agreed, images, themes, plugins and other assets will be provided for use on a single website only and may not be copied or reproduced elsewhere, including in print. We will not be liable for any re-use or misuse of assets purchased by us on your behalf.

We won’t charge you for the use of Open Source software or tools (such as WordPress) used on your website, however we will charge for time spent installing and customising such software. Note that Open Source software is not owned by us or by you. We can advise you on request where to find details of terms of use of Open Source software and any restrictions on how it is used.

Ownership

Any website, theme, plugin, or other custom development work remains our property until full payment is received. If payment is overdue, we reserve the right to remove any custom development work (e.g. plugins or themes) from your web hosting environment and/or to disable your website until the work has been paid for. In such circumstances, we may charge an additional fee for restoring the website. We’d prefer not to do this, so please contact us as soon as possible if you think there may be a delay to your final payment.

Confidentiality and privacy

Any information you give us about your business and its activities will be treated as confidential unless (A) you authorise us to share it; or (B) it is necessary to share information (for example contact details) in order for us to carry out the work you’ve commissioned; or (C) we are legally obliged to do so.

Consultancy

All advice and recommendations provided by us will be made in good faith, based on the information currently available to us, including that which you provide about your business and aims.

Wherever possible we will explain our reasons for any recommendations and advice given. However it is your responsibility to consider whether or not to accept and act on our recommendations and we will not be liable for any consequences of accepting (or rejecting) our recommendations.

Website Hosting

See terms and conditions for managed website hosting.

Website Review ‘money back offer’

If, as a result of a full-price website review, you commission a piece of work from Webscape Gardener, a percentage of the fee for the review may be offset against the future work commissioned:

  • For projects with a value (see definition below) of over £500, 50% of the review fee paid will be offset against the project.
  • For projects with a value between £300-£499, 25% of the review fee paid will be offset against the project.
  • For projects with a value between £200-£299, 10% of the review fee paid will be offset against the project.

The ‘value’ will be the estimated cost of the project, as quoted by us, excluding ongoing costs (e.g. hosting) and third party costs (e.g. purchase of themes, plugins, fonts, images).

Where an estimate price, or price range is given, the ‘value’ will be assumed to be the lowest estimated cost of the project.

Note that the refund will only apply if:

  • the estimated cost of future work is over £200,
  • the fee charged for the review was the full price as stated on this website,
  • the fee for the review is paid in a timely manner,
  • a deposit or retainer for the project is paid within six calendar months of the completed review.

The money back will be applied to the final invoice for the project. If the project is cancelled or postponed, no refund for the review will be given.

This offer is entirely at our discretion and may be withdrawn at any time without notice.

Changes to the Terms and Conditions

We reserve the right to make changes to these terms and conditions from time to time. We will attempt to inform you, usually by email, of any significant changes which might impact on your agreement with us.

Last updated: June 2017