Terms & Conditions

What do both parties agree to?

You (the customer) are hiring 4th Wall (“We or Us”) to: design and develop a website, as described in our Statement of Work for the total price indicated in the Statement of Work. We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what, and when.

You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. You also agree to stick to the payment schedule set out at the end of this contract.

We have the experience and ability to do everything we’ve agreed with you and we’ll do it in a professional and timely manner. We’ll endeavour to meet every deadline that’s set.

Content

Unless agreed separately, we’re not responsible for inputting text or images into your content management system or updating content or templates after delivery. If you’d like us to create new content or input content for you, we can provide a separate estimate. 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, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate.

Third Party Product Limited Liability

If your website is being built on WordPress or Squarespace, given the nature of that software and their terms of use, I will be providing the service to put together, and possibly extend, their existing software which will then create your website. All themes, plugins, and code (everything other than the content of your website), including any code authored by me, is or may be offered under an open source license, such as GPL 2.0. You agree not to hold me responsible for the development/performance of any third party software, including Squarespace, WordPress, its core files, or any plugins or themes used in or on your website.

Browser Testing

Browser testing means ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. We test our work in current versions of Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox. If you need an enhanced design for a specific browser or an older version of a browser, we can provide a separate estimate. For mobile browsers, we test our designs in Safari and Google Chrome on iOS devices, and in Google Chrome on Android Emulator. We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers.

Technical Support

We’re not a website hosting company and don’t offer support for website hosting, email or other related services. You may already have professional or in-house hosting; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. While we offer various update and maintenance services, any of those must be agreed to separately.

Changes and revisions

The price at the beginning of this contract is based on time that we estimate we’ll need, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that additional work.

Legal Stuff

We can’t be liable to you or any third-party for lost profits, lost savings or any incidental, consequential or special damages, even if you’ve advised us of them. The amount of liability under this contract will be limited to the total amount paid to 4th Wall under this contract. Likewise, your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

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 and not cause the other to breach any relevant laws or regulations. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision will be given its effect to the extent allowed and shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Intellectual Property Rights

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 us, you agree to protect us from any claim by a third party that we’re using their intellectual property. We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we 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, we’ll assign all intellectual property rights to you as follows:

You’ll own the website we design for you plus any visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re 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.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from, this project and not paid for by you. We also reserve the right to use any code, plugins or tools created during your project on other projects.

Displaying our work

We love to show off our work, so we reserve the right to display and publicize all aspects of our work, including work-in-progress designs and the completed project.

Payment schedule

Payment will be made in three equal installments. The first will be due immediately on entering this agreement. The second will be invoiced after development of a complete version of your website and payment is due by the earlier of two weeks and when you’d like final delivery. Final delivery of the web site into your hands/control will occur promptly after receipt of the third/final payment.

Termination

Either of us may terminate this contract if the other violates it and the violation is not fixed within two weeks written notice (e-mail counts). On termination by either of us, 4th Wall is not obligated to do further work or deliver any materials, no further payment need be made by You, and no amount paid will be refunded.

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