T&C
Web development
Revised on June 5th, 2024
• Acceptance of the terms thru your confirmation in email.
• Offers are valid for 14 days.
• Offer refers to these terms and conditions.
• Feedback only to assigned email address.
• Share content via iCloud, Wetransfer, Filemail, Google Drive, Slack, etc.
• Feedback via e-mailv only. Reply in existing conversations, don’t start new threads – I don’t want to lose any replies.
When you accept my quote, you also accept these terms.
SUMMARY:
I will always do my best to meet your needs and meet your expectations, but it is important to have things written down so we both know what is what, who will do what and when, and what happens if something goes wrong wrong.
In this agreement you will not find any complicated legal terms or long passages of unreadable text. I have no desire to trick you into signing something you might later regret. What I want to achieve is what is best for both parties, both now and in the future.
WHAT DO BOTH PARTIES DO?
• You are authorized to enter into this agreement on behalf of yourself, your company or your organization. You must appoint a contact person who leads the project at your place and handles all communication with me.
• You will provide me with the assets, logins and information I need to complete the project and you will do this when I ask you to and in the formats I ask.
• You will be able to review my work continuously, give feedback and approval in good time.
• You answer my questions via email as soon as you have time. I assume that your project manager reads email daily during the course of the project. If the project is delayed due to late feedback, it will affect my schedule.
• You agree to adhere to the payment plan specified in the quotation.
• I have the experience and ability to do everything we have agreed on and I will do everything in a fast and professional manner.
• I build the website on a hidden development server that you have full access to. This is neither searchable nor public. If the work must be carried out on your existing web host, the assignment must always be paid in advance.
• I always strive to meet the agreed schedule and maintain the confidentiality of anything you give me.
THE DESIGN PROCESS
I create a basic design that is responsive and adapts to different screen sizes. I build with WordPress, the world’s most used CMS, with the theme Divi, one of the most popular WordPress themes.
The work is imbued with security and long-termism. I only use add-ons that are provably safe and up-to-date, and whose authors give me good support. Then you get a good end product.
If I wish, I have the right to subcontract the project, in whole or in part. However, I am the one leading the project and the subcontractor takes on the same responsibility as me. After all, if they make any mistakes, I take it 100%.
You will continuously have the opportunity to follow the progress of the project and give feedback. It is in your interest to answer emails as soon as you can in order to keep to the schedule we agreed upon. Delays in work caused by delayed or non-responding emails are your responsibility.
If at any stage you change your mind about what you want delivered and/or are not happy with the direction my work is taking, you pay me in full for the time I have worked for you and we end the collaboration.
TIME FOR MEETINGS AND EDUCATION
A 1-hour meeting before start-up is included in my prices. If you want further meetings during the course of the project, it must be ordered so that I can include it in the quote. If you do not order extra meetings, but still wish to have meetings afterwards, I charge this according to the hourly rate.
Training in managing Divi and the website is included. However, self-studies are important, I provide you with documentation when handing over the web page. If more training is desired, I charge for this. Should I take care of everything on the website, no training is required, let me know before I write a quote.
TEXT AND IMAGE CONTENT
My price applies if the image material is in jpeg and png formats and is delivered as separate source files, i.e. not embedded in Word, pdf or other files. In addition, I assume that your texts are complete, structured, translated and ready to use. I accept email, doc, rtf or txt – pdf, for example, should be avoided. Any additional processing of the content will be billed at an hourly rate.
COMPATIBILITY WITH WEB BROWSER IN COMPUTER
I test web pages using the latest versions of the standard MacOS and Windows browsers. If you need compatibility in another browser, I can offer this separately.
COMPATIBILITY WITH MOBILE BROWSER
I test the website in mobile devices with normal screen sizes and with normal browsers. I can’t test in Blackberry, Windows or rarer Android devices or other mobile browsers.
SEARCH ENGINE OPTIMIZATION (SEO)
I cannot guarantee you good search results on Google. But the web pages I build are accessible to search engines. I insert text excerpt and sharing image according to the principles of OpenGraph .
CHANGES AND REJECTIONS
I never want to limit your ability to change. The target price in the quote is based on the time I estimate I need to accomplish everything you have told me you want to achieve, but I am happy to be flexible. If you want to change or add, I will give you a separate quote for these.
HOSTING AND DOMAIN NAMES
If I book a domain name, it will be transferred to you after the final invoice has been paid. Web hosting is booked by me in your name. The website can only be installed on a web host approved by me. Contact me for a current list. Why? Some are unsuitable, some are limited or provide too little support.
CARE PLANS
After launch, I take care of the website according to the Small care plan on a yearly contract. This is charged on the final invoice. If you have an e-commerce website or with custom code, I’ll start you up on the Medium or Large plans. Read more about support here.
LICENSES AND API
When we have an ongoing business relationship, licenses for the Divi theme and the Divi Builder, Monarch, and Bloom plugins are included. If our business relationship ends, you must purchase your own licenses to be able to update them on your own. Extra plugins and external APIs for your website are ordered via a separate email address (license@yourdomain) that you and I have access to in order to simplify handling. I set that up on your web account in connection with the start-up. If you have an external mail provider, you set this up. The password to this email address will never change!
Licenses for the plugins included in the assignment are included in the first year. You then take over the payment responsibility. If I have an unlimited license for a plugin, you can buy a share in that license, which is paid annually in advance. If you stop paying, the license is deactivated.
LEGAL MATTERS
I will carry out my work in accordance with good industry practice and to the standard expected of a qualified firm with relevant experience. I have the right to collaborate with others in this project. They take on the same responsibilities that I do.
I cannot guarantee that my work will be error-free and I cannot be held liable to you or any third party for damages, including lost profits, lost savings or other consequential or special damages.
Your liability to me is limited to what is payable under this contract and you will not be subject to us or any third party for damages, including lost profits, lost savings or other consequential or special damages, even if I have advised you of them.
Finally, if any provision of this Contract should be unlawful, void or for any reason unenforceable, that provision shall be severed from this Agreement and shall not affect the validity and enforceability of the remaining provisions.
IMMATERIAL RIGHTS
Just to be clear, “intellectual property rights” means all patents, rights to inventions, copyrights (including rights in software) and related rights, trademarks, Internet domain names, rights in designs, database rights, rights in confidential information (including know-how ) and all other intellectual property rights.
First, you warrant that all parts of the text, images or graphics you enter are either owned by you or that you have permission to use them. When you provide me with text, images or graphics, you agree to indemnify me from any third party intellectual property claims.
I warrant that all parts of the work I deliver to you are either owned by me or I have been given permission to provide them to you. When I provide you with text, images or other graphics, we agree to indemnify you against any third party intellectual property claims.
Provided you have paid for the work and this agreement has been terminated, I assign all intellectual property rights to you as follows: You own the website I design plus the visual elements I create uniquely for the site. The source files and finished files are stored on your hosting in a special folder because I am not required to keep a copy.
I will own all intellectual property rights that I have developed before , or developed separately from this project and are not paid by you. I will own the unique combination of these elements that make up a complete design, unless we agree otherwise.
SHOWCASE MY WORK
I love to style my work, so I reserve the right to display all aspects of the creative work, including sketches, work-in-progress and the finished project in my portfolio, social media and on my and others’ websites. If you do not allow this, please let me know. If you have written a review afterwards, I am allowed to publish it with your name, link and your picture. Publication of reviews on other sites is regulated by the respective site.
PAYMENT PLAN
I am sure you understand how important it is that you pay my invoices promptly, as I am a small business. I issue invoices as PDF and you pay to one of the accounts specified in the invoice within 10 days. You are responsible for any fees for transfers to my accounts.
Assignments of less than €800 (such as a website at a fixed price) or surveys carried out at your web hosting company must always be paid in advance.
For assignments that exceed €800, 50% must be paid in advance. When this is recorded, the work begins.
When half the work is done, I invoice 25%. After approved design, I invoice the remaining 25% and for the extra work you ordered. After that, the move takes place to the web host on which the website is to be located.
I have the right to transfer the invoice to a third party.
CHANGES
Changes to my terms and conditions may be necessary for various reasons. If this happens, I will notify you via email. If you have objections to these, you must notify me within 8 days of receiving the email. Otherwise, the new conditions apply immediately, and also for current projects.
BUT WHERE IS ALL THE HORRIBLE FINE PRINT?
Just like a parking ticket, neither of us may assign this Agreement to any other party without the other’s permission.
We both agree that we will comply with all relevant laws and regulations in connection with within the scope of this Agreement and not cause others to violate relevant laws and regulations.
Although the language is simple, the intentions of both parties are serious and this agreement is a legally binding document.
Care plans and assistance
Revised June 5th, 2024
PERMISSION
You engage me as an independent contractor to perform the work described in the care plan or service you have purchased.
It is necessary to access your website, therefore you allow me, or whoever we hire, to access the control panel and your installation at your web host including write permissions, all necessary passwords, as well as permission to install necessary WordPress plugins and arrange routines to manage contracted services.
If you change your password anywhere, you must tell me about this immediately. If possible, I should be added as a technical contact with your web host and domain registrar to receive notifications about services and operations.
I always decide how and when the task is to be carried out. I carry out planned work on non-holiday weekdays between 04-12 CET. If you order any work after 12 noon, I will do this the following weekday.
I have the right to charge extra for urgent measures after normal working hours according to the hourly rate + 50% on-call supplement. I decide whether a matter is to be considered urgent. Examples of urgent measures are essential functions or operations, but also severe security problems. However, security problems rarely arise because I build security into the websites on care plans, for example a firewall that updates automatically and spam filters for the forms and shop.
Assistance time can be used for changes to existing content and adding posts on your website. New pages are always offered. It cannot be used to significantly change the theme or its templates, or to customize code. Nor SEO work.
ATTENTION! If I have not built your website, I must approve the page before we start a care plan. After that, I will decide whether you can get a care plan. Fees for this review is offered separately and must be paid before the review. The fee is not refundedable.
PRICES AND PAYMENTS
Care pland are billed semi-annually or annually on invoice. Your plan is automatically extended, unless you notify me otherwise. The invoice must be paid before the next plan period begins. Changes to prices and conditions are announced in good time before they come into effect, via email and posted on my Facebook page. I am allowed to transfer the invoice to a third party.
TERMINATION AND REFUNDS
Care plans and hourly banks can be used until they are used up. Hourly bank can be transferred to websites that you own, but not to another customer. Free minutes for assistance in the care plans can only be used during the current month.
Plans are extended automatically and with the same billing period, unless you notify me one month before the end of the agreement period.
I reserve the right to let third parties handle the care work in whole or in part, and those who take on that task agree to work under these terms. However, they may not rent out the work in turn.
RESPONSIBILITY OF THE CUSTOMER
You can edit the content of a WordPress website yourself and as admin also update theme and plugins. But if you accidentally damage the design or impair visibility or function, I charge to restore. It is not included in any agreements. Minimum billing one hour.
LIMITATION OF LIABILITY AND DISCLAIMER
Although there are limitations to the guarantees I can offer, it is very important to me that you are satisfied. Read and understand my liability limits before ordering services.
I do not guarantee, represent or warrant that the functions of your web pages will be able to meet your requirements or that the operation of web pages will function without interruption or error-free.
You expressly agree that your use of, or inability to use, the functions found in these web pages or web pages on the Internet is at your own risk. The website features created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk for the quality and performance of web pages rests with you as the customer.
To the extent not prohibited by law, under no circumstances will I be liable to you or any third party for any damages, including; but not limited to; losses, lost savings, loss of data, business interruption, or unforeseen consequential or special damages resulting from the operation of or inability to use these websites, regardless of the cause, even if you have been advised of the possibility of such damages.
I do not guarantee that the functions of the website will be free from loss, damage, attack, virus, interference, security breach, and I disclaim all liability in connection therewith.
If a theme or plugin license has been purchased in your name, you are responsible for extending the subscriptions for these. I can monitor this, for a fee.
The customer is responsible for ensuring that payment for services such as web hosting and domain names is made on time. However, I can monitor this, for a fee.
This agreement is governed by local law without regard to its laws and regulations. You expressly agree that any claim or dispute with me or arising in any way from the use of your created web pages shall be governed by the local courts.
APPROVAL
Please note that by ordering and paying for an agreement, you agree to these terms of use as they are written here. If I have to change the terms and conditions, I will open a discussion with you well in advance. You accept the terms of this agreement in your own name or on behalf of your organization or company. This Agreement constitutes the entire agreement between the parties.
My name is Johan Linder and I create websites in WordPress since 2009. Improve your business online with a website from me. I design and maintain websites with care. Check out my custom web site offer and my signature offer for small businesses and startups, website at fixed price. And finally, get a Care Plan to keep your web investment safe. Personal, accountable and affordable web design. I got your back always!