General payment terms
All copyright of all created materials by James Kindred (trading as Fork) remains my copyright until paid for in full by the client. Fork has the right to refuse usage until full payment is received and can request and action closure, download and recall of any used design materials or services. Terms of payment are strictly 14 days from the invoice date.
Copyrights and ownership
The client has copyright of all work done by Fork after full payment. Fork retains all copyright if payment is not received.
Fork retains the right of usage of work for promotional purposes only.
Project scope and specification
If the client or a third-party provide a project scope or specification document, it is the client’s responsibility to confirm the document meets their expectations and is an accurate representation of the project.
Fork reserves the right to charge additional time for features, requirements or changes that may arise through insufficient definition in a scope or specification document.
Provision of materials
You agree to provide Fork with the specific copy, images and information we require in order to create your product or to advise Fork as to where we can locate such materials.
Fork accepts no responsibility for your site not being put live/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you.
If you cannot supply the information you wish to feature in your product, Fork will do what we can to obtain it, but accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content or specification of your product or business.
The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard hourly rate.
Fork accepts no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials.
This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of Fork in ascertaining the unsuitability of the materials with which you provide us.
Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Hosting
Additional charges may be incurred should you wish to use a website host other than those suggested by Fork.
Unless an ongoing website maintenance agreed has been entered into, it is the client’s responsibility to maintain their CMS and any associated plug-ins.
Email
Fork does not directly supply hosting for email services but is happy to recommend some options. It is not the responsibility of Fork to maintain or configure email services unless agreed in writing as part of the project scope.
Website Visuals
Once a client has agreed to a set of visuals and instructed Fork to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.
Website visuals created are illustrations of what the final build could look like. Every effort is made to ensure the designs are translated into code as accurately as possible.
Fork supply all visuals on screen and usually through a service such as Zeplin or InVision. Fork will not print out website visuals for presentation; that’s just silly.
Estimates
All estimates for work are valid for 14 days, after which time all proposed work will have to be re-estimated. We take no responsibility for a re-estimated price differing from an original quote.
Estimates are based on the brief/specification supplied. Fork reserves the right to make additional charges for scope creep or specification change at the standard hourly rate.
Payment terms
The client agrees to up-front payment of 50% for large projects. Fork reserves the right to raise additional invoices at once key stages of the project are complete with the remainder to be paid on final sign off. The client agrees to payment terms on each invoice submitted of 14 days from the date on the invoice.
Hourly rate
A standard hourly rate is available upon request. Discounts are available to Charities, CICs and NFPs. Fork’s minimum chargeable block of time is 30 minutes.
Content Management Systems
It is the client’s responsibility to maintain the content on their content-managed website. Fork cannot accept responsibility for loss of content or site downtime relating to content changes made by the client.
Workflows
Any consultancy for or creation of workflows is based on the information supplied by the client. Once the client has accepted the work carried out on any workflows or associated SaaS (Software as a Service) platforms; Fork cannot be held responsible for any loss of data or unexpected issues resulting from changes in connected services relating to the workflow.
Data Protection
Data supplied to Fork by the client will be kept on secure servers for the duration of the project. Any data transfers through the services recommended by Fork are the responsibility of the client once they go live.
Snagging
During web projects, you’ll be given 5 working days to review the website and feedback on any potential oversights that may have been made during the build phase.
The “snags” will be reviewed and classified as follows:
- For correction: Something agreed and signed off during the specification and design stage is missing or has not been completed. This will be put right and you’ll be given the chance to review the changes made. No additional charges will be made.
- Change control: The “snag” has been deemed a change in design or functionality and an estimate will be created for the necessary changes to be made.
Late payments
The client agrees to pay an 8% late payment charge after 45 days.
Project cancellation or termination of agreement/relationship
If after project commencement the client does not wish to continue, the client agrees to pay any agreed fees and costs incurred by Fork over and above any initial project charges made. Project cancellation must be made in writing.
Consequential Loss
Fork accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.
Financial Loss
Fork accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Fork
