Terms & Conditions

This page, together with the Privacy Policy, tells you the terms and conditions under which IndigoBird will supply web design, branding, training or web hosting services to you, the Client (also referred to as “You”).

Please read these terms and conditions carefully and make sure that you understand them, before ordering any services from this site. You should understand that by ordering any IndigoBright Creative services, you agree to be bound by these terms and conditions.

Please note that if you refuse to accept these terms and conditions, we will be unable to work together on your project.

About IndigoBright Creative

IndigoBird, a sole trading company registered at 1 Clapcot Way, Wallingford, Oxfordshire, OX10 8HS, United Kingdom (from now on referred to as “IndigoBright Creative” “I” “We” “Us”).

If you would like to contact IndigoBird, you can do so at:

E-mail
hello@indigobright.uk

Post
IndigoBright Creative, 1 Clapcot Way, Wallingford, Oxfordshire, OX10 8HS, United Kingdom

Your Status

By entering into an agreement with IndigoBird, you warrant that you are legally capable of entering into binding contracts, and that you have the authority to enter into this contract on behalf of yourself, your company or your organisation.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll provide me with the assets and information I need to complete the project. You’ll do this when I ask and provide it in the formats I ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work both 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.

IndigoBright Creative: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavour to meet each deadline that’s set and on top of that will maintain the confidentiality of everything you give me.

Web Design

I will supply you with 2 major revisions to the suggested design, and then a reasonable number of minor revisions to the design, layout, colours, etc until you are satisfied with the design concept or such time as we both feel an agreement is likely to be reached. Additional revisions or design work outside the scope of the project will be charged separately.

You’ll have plenty of opportunities to review the work and provide feedback. I’ll either share a Dropbox, Google Drive folder or development site with you and we’ll have regular, possibly daily contact.

If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay me in full for the time I’ve spent working with you until that point and terminate this contract.

Text content

Unless agreed otherwise, you will be responsible for loading your own text and photos onto your web pages.

Graphics and 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, I can suggest stock libraries. If you’d like me to search for photographs for you, I 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.

I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), and Mozilla Firefox. I won’t test in other older browsers unless agreed separately. If you need an enhanced design for an older browser, I can provide a separate estimate for that.

Mobile browser testing

Mobile browser testing using popular smaller 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. I test designs in a variety of mobile devices and operating systems. If you have a specific requirement for mobile testing please let me know.

Search engine optimisation (SEO)

I don’t guarantee improvements to your website’s search engine ranking, but the web pages that I develop are accessible to search engines.

I cannot guarantee any improvement to a search engine ranking, nor can I promise to get a site higher up or to the ‘top of Google’, but I build every site in a way that is accessible to search engines in an effort to increase its chances.

Further changes to your website

If after completion of this project you wish to ask IndigoBird to make further changes to your website, you can make your request via the website: https://indigobright.uk/contact

Your request will be scheduled, and charged at an hourly rate, which will be discussed with you prior to beginning work.

Changes and revisions

I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of days/weeks that I estimate I’ll need to accomplish everything you’ve told me you want to achieve, but I’m happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for those additional weeks.

Web hosting

Web hosting is charged annually.

Your web hosting start date will be counted as the day your website holding page goes up or your website is put live – whichever is soonest.

IndigoBright Creative’s web hosting is provided via my trusted supplier Tsohost. By signing up to this web hosting, you agree to adhere to the Tsohost acceptable use policy located here: https://www.tsohost.com/legal/acceptable-usage-policy-aup

If you have web hosting support queries, you should contact IndigoBright Creative in the first instance. If further assistance is required, we will liaise with Tsohost Support on your behalf. https://indigobright.uk/contact

For security reasons, IndigoBright Creative will only discuss your web hosting with the named contact for the account. If you wish to allow another member of your organisation to discuss a web hosting issue, please send their details in advance by email to ops@indigobird.co.uk

If you wish to cancel your web hosting agreement in the future, please give a minimum of 4 weeks notice.

The annual fee for web hosting is subject to change. If there will be an increase in the annual fee, you will be given at least 8 weeks notice.

LEGAL

I’ll carry out my work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, I can’t guarantee that my work will be error-free and so I 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 me of them.

Your liability to IndigoBright Creative will also be limited to the amount of fees payable under this contract and you won’t be liable to IndigoBright Creative or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I’ve advised you 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.

IndigoBright Creative services may be used for lawful purposes only. You agree to indemnify and hold IndigoBird harmless from any claims resulting from your use of our service that damages you or any other party.

INTELLECTUAL PROPERTY RIGHTS

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that I’m using their intellectual property.

I guarantee that all elements of the work I deliver to you are either owned by IndigoBird or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, I’ll assign all intellectual property rights to you as follows:

You’ll own the website I design for you plus the visual elements that I create for it. I’ll give you finished files and you should keep them somewhere safe as I’m not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

I’ll own any intellectual property rights I’ve developed prior to, or developed separately from this project and not paid for by you. I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

DISPLAYING MY WORK

I love to show off my work, so I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and the completed project on my portfolio and in articles on websites, in magazine articles and in books.

CHARGES AND PAYMENT SCHEDULE

Charges for services to be provided by IndigoBright Creative are defined in the project quotation that you receive via e-mail. Quotations are valid for a period of 30 days.

Payment for services is due by PayPal or bank transfer within 15 days of the invoice date. Full payment details will be on the invoice, which will be sent to you by email.

Invoices that remain unpaid thirty days after the date of the invoice will be assessed a service charge in the amount of the 1.5% per month of the total amount due.

Accounts unpaid 30 days after the date of invoice will be considered in default. If you, the Client are in default and you maintain any information or files on IndigoBird’s web space, IndigoBird will, at its discretion, remove all such material from its web space. IndigoBird is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve you of the obligation to pay any outstanding charges.

Deposit: Upon completion of your client signup form, you will be invoiced for a non refundable deposit of £100, or 25% of the quote amount, as agreed during our negociations.

Balance: Once the website is ready to go live, you will be invoiced for the balance as agreed in your quote, less the deposit amount. Your website will be made live once the balance is paid in full.

BUT WHERE’S ALL THE HORRIBLE SMALL PRINT?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

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.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.

PRIVACY POLICY AND OTHER LEGAL DOCUMENTS

IndigoBright Creative adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data in a secure manner as per our security policy.

You can find our Privacy Policy here: https://indigobird.co.uk/legal/privacy-policy/

ACCEPTANCE

It is not necessary for you to have signed an acceptance of these terms and conditions for them to apply. If a you accept a quote then you as the Client will be deemed to have accepted these terms and conditions in full.