Website design service agreement

The following terms and conditions apply to all website development / design services provided by ApolloJam to the Client.

1. Project Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by ApolloJam are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. ApolloJam reserves the right to alter or decline to provide a quotation after expiry of the 30 days.Unless agreed otherwise with the Client, all website design services require an non-refundable advance payment of a minimum of fifty (50) percent of the project quotation total before the work begins on the project. Advance payment amounts may change depending on the size of the project. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.Payment for services is due by card payment, paypal or bank transfer. Payment details will be made available on invoices.

3. Client Review

ApolloJam will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies ApolloJam otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

ApolloJam will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon ApolloJam receiving initial payment, unless a delay is specifically requested by the Client and agreed by ApolloJam.In return, the Client agrees to delegate a single individual as a primary contact to aid ApolloJam with progressing the commission in a satisfactory and expedient manner. During the project ApolloJam will require the Client to provide website content; text, images including videos and/or sound files.

5. Failure to provide required website content

ApolloJam is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.Therefore, we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If the content has not been supplied up to 6 months past the agreed date we reserve the right to cancel the project and no refund will be given. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.NOTE: Text content should be delivered as a Microsoft Word, PDF, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.Using our content management system, you are able to keep your content up to date yourself.

6. Payment

Invoices will be provided by ApolloJam before the project begins. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed and a service charge may be added in the amount of the higher of two percent (2%) or £30 per month of the total amount due.

7. Additional Expenses

Client agrees to reimburse ApolloJam for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, themes or plugins not previously agreed in the original quote etc.

8. Responsive Design and Web Browsers

ApolloJam makes every effort to ensure websites are designed to be fully responsive and viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, Safari etc.) and mobile devices. Client agrees that ApolloJam cannot guarantee correct functionality with all browser software across different operating systems and mobile devices.ApolloJam cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, ApolloJam reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9: Hosting

ApolloJam offers a hosting service through a third-party hosting company. ApolloJam does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. ApolloJam may request that clients change the type of hosting account used if that account is deemed by ApolloJam to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for ApolloJam hosting service are due at the commencement of any period of service and are non-refundable. Fees due to clients own third party hosting organisations are the responsibility of the client. Hosting starts the day ApolloJam starts building the website. If the client cancels the hosting package/website service before the hosting expires, no refund will be given. Once cancelled and services have been transferred away from ApolloJam we will delete the entire hosting account within 7 days to comply with our data protection policy.

9.1: Bandwidth/Disk Space Usage

We do not actively limit your account bandwidth. However, this is subject to fair use and any customer using an amount of monthly bandwidth or disk space deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be advised to upgrade to a different hosting solution and billed accordingly.We provision very large disks for our shared platforms, but no physical or virtual server can have an “unlimited” disk size due to limitations in both hardware and software. We will not let this hinder your usage, but it will mean that if you are operating a large account we may require that your account is moved to a server where it can be more easily accommodated without affecting other customers, or that your account is split over several shared servers. We reserve the right to do this at our discretion. However, refusal to co-operate with an account move request will result in account suspension and/or termination as we must ultimately ensure platform stability and service delivery at all times.

10: Duration and Renewal of Hosting Services

Unless otherwise specified hosting services are provided on a 1 month rolling contract. Unless a cancellation request is received in writing the service will be automatically renewed. You are entitled to cancel the Services by contacting ApolloJam no less than 30 days prior to the renewal date for your Services.

11. Domain Names

ApolloJam may purchase and hold domain names on behalf of the Client.  Payment and renewal of those domain names will be billed annually in advance.If the Client holds their domains in their own domain account, it is the responsibility of the Client to renew the domain themselves. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of ApolloJam. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

12. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default unless the Client has contacted us in advance and an agreement in writing (by email or letter) has been made. If the Client in default maintains any information or files on ApolloJam’s server space, ApolloJam will, at its discretion, suspend the Clients account. If no payment has been made within 60 days we reserved the right to delete the Clients account which will result in deletion of all data stored on it. ApolloJam is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay ApolloJam reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by ApolloJam in enforcing these Terms and Conditions.

13. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for any work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

14. Indemnity

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

15. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants ApolloJam the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting ApolloJam permission and rights for use of the same and agrees to indemnify and hold harmless ApolloJam from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to ApolloJam that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

16. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on USB or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png .tiff, eps, .ai, .pdf or .psd format. Although every reasonable attempt shall be made by ApolloJam to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

17. Design Credit

A link to the ApolloJam website will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 5% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £250 will be applied. The Client also agrees that the website developed for the Client may be presented in the ApolloJam portfolio.

18. Access Requirements

If the Client’s website is to be installed on a third-party server, ApolloJam must be granted temporary access to the Client’s storage directories which must be accessible via FTP and cPanel. Depending on the specific nature of the project, other resources might also need to be configured on the server.

19. Post-Placement Alterations

ApolloJam cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

20. General

These Terms and Conditions supersede all previous representations, understandings or agreements and may be updated periodically.

21. Free Minor Updates Definition

Minor updates are limited to image uploads (no more than 5) and basic text changes. Changes to a websites main layout, design or functionality will not be accepted unless previously agreed in writing. Any changes or extra plugins not previously agreed will be chargeable at a rate of £30 per hour plus any purchase fee’s.

22. Social Media Management

Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. ApolloJam will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

23. Theme/plugin Licensing, Updates and Discontinuation.

Licensing: All premium themes and/or plugins used are licensed to ApolloJam and are non-transferable. Clients wishing to transfer their website away from ApolloJam will be required to purchased a new theme/plugin license directly from the developer in order to maintain theme/plugin updates.
 
Updates: We provide our clients access to update the theme/plugin’s themselves and encourage them to do so in order to better protect their websites security and functionality.
ApolloJam takes no responsibility for security breaches, malware or other problems that are due to outdated theme versions or plugins. Any requested website repairs will charged at an hourly rate.
 
Discontinuation: Theme/plugin developers can sometimes stop trading and/or updating their themes/plugins for various reasons that are out of our control. On the rare occasion this happens the website will sometimes need a new theme/plugin to make sure the site stays functional and as secure as possible. ApolloJam takes no responsibility for developer discontinuation and no refunds will be given. We will always offer free advice on how to resolve any discontinuation problems but new themes/plugins will be chargeable.

24. Governing Law

This Agreement shall be governed by English Law.

25. Liability

ApolloJam hereby excludes itself, its Employees and or Agents from all and any liability from: Loss or damage caused by any inaccuracy; Loss or damage caused by omission; Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site; Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise. The entire liability of ApolloJam to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.Last updated: 14th January 2021
Jay is friendly and professional, goes the extra mile and I would highly recommend him.
Chris Gribben
Chris Gribben
22:08 16 Feb 21
Jay was Great!He helped us with the design of our website by asking the right questions without bombarding us with a 5 page form other companies wanted.Nothing seemed to much trouble as he also helped with the porting of our servers etc.Great service from start to end.Highly recommend!
Aaron Baber
Aaron Baber
11:29 10 Feb 21
Next level artwork !!! Speedy designs at 5 star level would highly recommend
Matt Newton
Matt Newton
09:36 10 Feb 21
Need a website?Then look no further than the ultra professional and skilled work of ApolloJam.Jay is amazing, speak English not tech so you know what’s going on and always helps if I have an issue. But he teaches u to learn how to do things your self.Not techy at all? No worries he can do it all for you too. My website is amazing makes me hundreds of sales ans gives a professional look for my business A****
Chloe Adams
Chloe Adams
12:23 08 Feb 21
Jay is amazing ! His designs are so original and professional and he’s a lovely person to work with too ! Thank you Jay !
Joanna Richards
Joanna Richards
17:08 31 Jan 21
Jay understood my vision and delivered exactly what I wanted.Very professional and will be using him for more work in the future.
Charmaine Bates
Charmaine Bates
15:00 13 Jan 21
Having never had to build a website before, I was very dubious as to the path to go down. BTH Services tasked Jay @ ApolloJam to assist with building our very own site, he didn’t disappoint. From start to finish Jay was beyond helpful adding his creative touches throughout and certainly using his expertise which in turn gave BTH Services a website better than I had expected. Looking for a website designer, look no further.
Ben Pritchard
Ben Pritchard
09:39 06 Jan 21
A creative genius!Exceeded our expectations including great aftercare, very efficient and professional.Highly recommended!
NickyDiablo
NickyDiablo
12:58 05 Jan 21
I recently used Jay at Apollo Jam to set up my new company website and help with all number of other technology related matters. Jay was always on hand and quick to respond with positive and constructive suggestions, I can’t recommend his services highly enough.
Monty A
Monty A
10:33 04 Jan 21
Jay is amazing at his work and it’s spot on every time! We’re so lucky to be able to have his work on display at our store, would 100% recommend, you would not be disappointed! Everyone always compliments his designs even our printing company! Keep up the fab work Jay, one of a kind!
Vape d’Ami TV
Vape d’Ami TV
02:10 03 Jan 21
Cush D
Cush D
02:23 01 Jan 21
Fantastic service, creativity and responsiveness. Full of ideas and happy to find workarounds for any application request which is out of the norm! Highly recommended. Ive used Jay for 3 different websites now, recommended to people and always delighted with final results!
Liam Botting
Liam Botting
13:04 31 Dec 20
Worked with Jay on a flyer for our business. Good communication, great quality. Thank you Jay
Georgina Orchard
Georgina Orchard
09:49 31 Dec 20
Great service , designed my new logo , would use again
Damion Maston
Damion Maston
09:48 31 Dec 20
Jay originally designed our website and has maintained it now for around 5 years. Before we found Jay, we were using the likes of Yell/Hibu, they were absolutely terrible. Jay gives you an extremely tailored and personal service. I’m very particular about how I like things to look and function, Jay has never disappointed. He knows EXACTLY what he’s doing when it comes to SEO too. Our website has never ranked better. Couldn’t recommend enough!
Mike Saxton
Mike Saxton
08:07 31 Dec 20
Very professional, and amazing work. Ive been blown away by some of the graphics Jay has sent back after some very impromptu requests. If you are a small/medium sized business and are in need of web/graphic design then Look no further!
Stephen Hingley
Stephen Hingley
07:48 31 Dec 20