These terms and conditions shall apply to the agreement between “Chilly Lemon” and the “Client” applying for the provision of freelance web site design services by Chilly Lemon.
“Client”: The company or individual requesting the services of Chilly Lemon.
“Chilly Lemon”: Garry Butcher, a sole trader, trading as Chilly Lemon a domain name used for freelance Web Development.
Chilly Lemon will carry out work only where an agreement is provided. ‘Proceeding in Web Work’ is deemed to be a written or verbal contract between Chilly Lemon and the Client; this includes telephone, text messages, chat messengers and email agreements.
While every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Chilly Lemon cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. Nor can Chilly Lemon foresee or be held responsible for errors incurred when plugins and extra work is added by Chilly Lemon, “The Client” or a third party causing the website to function incorrectly due to an issue with extra work added to the functioning site.
The website created graphics and any programming code remain the property of Chilly Lemon until all outstanding accounts are paid in full. Chilly Lemon cannot take responsibility for any copyright infringements caused by materials submitted by the Client. The designer reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
The Client agrees to provide any images and content required by Chilly Lemon to ensure the website is completed within the agreed budget, and to the agreed deadline. The Client agrees that failure to do so may cause delays in the completion of the project.
The Client agrees it is their responsibility for making Chilly Lemon aware of technical issues with their current site which might cause problems with the development of their new or existing website.
When Chilly Lemon is supplied logos, product information and marketing material and product photography by the Client it’s assumed the Client has the legal ownership / permission to use the supplied content and allow Chilly Lemon to make required changes or work with the supplied content.
Usernames and passwords supplied to Chilly Lemon by the Client is thereby granting Chilly Lemon access to their website or hosting to perform an assigned task on their request with permission. It is assumed that the Client has legal right to supply username and password details for the relevant hosting and website, and that they’re the legal owners of the hosting or website they’re granting permission to access
Chilly Lemon assumes the Client will provide temporary username and logins to access a Client website and hosting which the Client will send via secured medium such as We Transfer or Mail Big File which provide services to send content over the internet encrypted.
When sending files to Chilly Lemon the Client will use encrypted services to ensure the files are protected and downloaded securely. Chilly Lemon can not be held accountable for the loss of files should the Client send to the wrong email or postal address.
All files received by Chilly Lemon from the Client will be stored on a secure encrypted offline file server. On completion or cancellation of any work Chilly Lemon confirms all information is permanently deleted.
CMS (Content Management System) Website Design
The Client must make Chilly Lemon aware of any current or past technical issues experienced with their current Content Management System used for their website which might cause delays or difficulties in completing the agreed work.
Should the Client have purchased a copyrighted Website theme template or design from another supplier, it’s the Client’s responsibility to inform Chilly Lemon before any changes are made, in which case written permission or proof of ownership from the original supplier is required before any design or functionality changes are made.
Chilly Lemon cannot be held responsible for changes or enhancements made to a Website created or amended by Chilly Lemon, which later experience poor performance or technical issues due to changes made to the code or design by the Client or an alternative Web Developer.
Supplied Content for Trading Online
When selling products online Chilly Lemon assumes the Client has the legal right to do so and is selling genuine products and cannot be held accountable for the creation or amendment of an online store that is selling counterfeit or defective products in any form, and will refuse to continue to support or accept work if this is proved to be the case.
All content supplied or used by the Client when trading online including product descriptions, any supplied graphics and images the Client confirms they have the legal right to do so
SEO (Search Engine Optimisation)
No guarantees will be given as to a Client’s website position in the search engines as the search engines change their ranking algorithms on a regular basis. SEO work carried out by Chilly Lemon aims to increase visibility and ranking, but it is not possible to give a 100% guarantee for any specific result on any search engine, nor can Chilly Lemon quantify the level of increased traffic or sales, as a result of any SEO campaign.
The Client is also aware that when a new website is launched their current search engine ranking may be affected whereby existing placement for certain pages or keywords may be lost and may take time to improve.
Chilly Lemon will endeavour to ensure that any developed/designed website or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 11+ and on the latest Mozilla and Chrome browsers. Chilly Lemon can offer no guarantees of correct function with other or older browser software.
Any site deemed or created as a responsive website design will be supported on most mobile phones and tablet devices include iPhone’s and Android phones; Due to the technical specs of each mobile phone and tablet there may be slight variations on how the designs are presented to the user such as font and image size variations and handling of add-ons such as web fonts.
The Client is also made aware that mobile responsive design applies to Phones and Tablets. Chilly Lemon confirms the websites will function on larger devices such as Smart TVs but confirms the sites may not function as desired due to the specification or size of TV screens; The Client acknowledges that unless specified then the use of their Website on Smart TVs may very and is of no guarantee.
A quote for work is valid for 5 working days from receipt. Work cannot proceed until both Chilly Lemon and the Client have agreed on the quotation provided, and a deposit payment has been made.
The Client and Chilly Lemon agree the initial quote work is fixed and no further charges may be applied to the total of the quote by Chilly Lemon nor the Client in any form without an agreed consent on both parts.
The Client acknowledges that additional work not stated on the original quote will be classed as extra work off spec and will be required to request and then agree a quotation before for the additional work can proceed. All quotes must be agreed in writing.
Payment of Accounts
New Websites or Large Work Projects
Payments for work are spilt into 2 or 3 payments. An initial deposit accounting for 1/3 or 50% of the agrred quote balance (depending on payment plan Client prefers). A second installment if payment split into 3 is requested when an agreed goal in the work has been completed between Chilly Lemon and the Client. The remaining balance is required in full within 7 days of sign off.
General Website Work
Any work quoted for under £200 is required in full on completion of the work agreed. Any work quoted for over £200 requires a deposit payment of 50%
Chilly Lemon will contact Clients via email and telephone to remind them of such payments if they are not received when due. Clients are reminded that all work remains the intellectual property of Chilly Lemon until full payment has been received on the balance due, and that some website files may NOT be handed over until an agreement of payment has been made.
Chilly Lemon will exercise statutory right to claim interest of 8% of the Bank of England base rate and compensation for debt recovery costs under the late payment legislation; If Chilly Lemon is not paid according to our agreed credit terms.
Cancellation of work.
New Websites or Large Work Projects
For Website work with a value of £500 or more whereby work is expecting to take weeks or a few months to complete; Chilly Lemon confirms the Client has the right to cancel within 14 days of agreeing the work can proceed if they’re unhappy with the work progress or are having too cancel the work due to other unforeseen circumstances; Chilly Lemon will provide a full refund.
Should the Client wish to cancel the work after 14 days the Client is aware that any refund will be based on the deduction of time and resources Chilly Lemon has spent on the work at an hourly rate of £35 plus costs for any images or hosting used.
The Client is also aware that should they wish to cancel the Website work beyond 14 days whereby a website is at preview stage and near complete and functional then no refund can be offered. Chilly Lemon and the Client should deem a website functional whereby a design has been converted to code and installed on a test server and a website can be navigated, pages viewed, and functionality like adding to cart can be tested.
Website Amends or Small Work Projects
For Website work under the value of £500 whereby work is expectied to take less then 7 working days to complete full refunds will be provided if no work has been completed. Should the Client wish to cancel the work after work has already started then a refund will be based on the deduction of time and resources Chilly Lemon has spent on the work at an hourly rate of £35 plus costs for any images or hosting used.
Chilly Lemon is liable to withdraw from contract at any time prior to acceptance. Examples of withdrawals include Client delays in sending required files and images to complete work or the Client remaining out of contact for more than 3 weeks without prior notice or reason. Failure to remain in contact can result in cancellation of work when work has already begun.
In the event of cancellation of work the Client agrees that all design and code work will remain the intellectual property of Chilly Lemon. When agreement has been made to return deposit due to a project not starting, or other factors whereby work has been deemed as not progressed as no evidence of work seen by Client then a deposit will be refunded. Deposit refunds are made within 10 working days upon request and agreement the request is valid and improved by both parties.
Termination of work by the Client should be made by email and recorded delivery in writing stating reasons for cancellation, and that no further civil or legal action will be taken when cancellation is deemed the fault of Chilly Lemon by the Client.
Work Completed Acceptance
When a Client has made payment in full they confirm they’re happy with the work completed by Chilly Lemon and any request for further work or amends not outlined in the original quote would be deemed new chargeable work.
Privacy and Confidentiality
The Client and Chilly Lemon confirm their working relationship will remain strictly private and confidential and neither will discuss their working relationship with eithers competitors; Apart from when should either the Client or Chilly Lemon wish to recommend each other’s businesses to a third party.
In the unlikely event that a Client experiences a problem with the services provided by Chilly Lemon, the Client should raise the matter directly with Chilly Lemon, giving enough information to locate the material (such as an url) and clearly outlining the grounds for complaint. Chilly Lemon will then endeavour to resolve the matter to the satisfaction of the complainant.
Any such compliant should be made privately by email or by telephone only
Acceptance of Terms and Conditions
The Client’s acceptance of these terms is confirmed by their agreement to proceed with the work in an email and by making payments for work that is to start in form of the first deposit payment
T&C Revised 2/08/2019