Last updated on 26 December 2024
Please read these terms carefully before purchasing any Shrub Designs services. By purchasing our services, you accept and agree to our Terms & Agreements.
Note that you have to be of legal age (i.e. 18 years or older) to fully comply with this agreement.
Purpose of the Agreement
This Agreement outlines the terms and conditions under which the Designer, Emelia Jack, will provide Website design services to the Client.
Our Packages
Our packages expressly exclude the following services:
content or copy production
provision of any site images or photography
complete brand creation or rebranding
ongoing Website or e-commerce maintenance
purchasing of domains or a Squarespace subscription plan
The Client acknowledges and agrees that these services are not included in the Blossom Website design package.
Project and Design Dates
The Client will select a Design Date based on the Designer’s availability and confirm it in writing after the Initial Call. By accepting this Agreement and making the initial payment, the Client secures their place in the Designer’s calendar for the agreed date. Once the Agreement is accepted and payment is made, the Design Date cannot be changed by either party. Exceptions or refunds will only apply if either party is incapacitated (see clause 8), in which case the project will be terminated, and the initial payment fully refunded unless an Agreement is made between both parties to reschedule the project.
Payment Terms and Schedule
Once the Client has confirmed in writing that they wish to undergo the project they will receive the first invoice to pay 50% of their chosen package fee. This payment is required to secure the Design Date in the Designer’s working calendar and commence the project.
The remaining 50% of the package fee, along with any additional charges incurred during the project, must be paid before the Website handover. The final balance will be communicated to the Client in advance, and the invoice will be payable within three (3) days of being issued.
Project Timeline and Deadlines
The entire Website design project will last no longer than five (5) weeks, or thirty-five (35) days. The Client acknowledges that the project falls within a strict timeline and that important deadlines must be met to ensure the smooth running of the project. Important deadlines that affect the project timeline and that the Client must therefore adhere to include: the first payment, acceptance of this Agreement, submission of all site content, submission of all Mood Board revision requests, submission of all first and second Website revision requests, and final payment of the project fee.
By accepting this Agreement the Client agrees to meet the deadlines outlined in the project Calendar on page 2 of their Client Package and accepts that not doing so may result in the rescheduling of their Design Date or a suspension of access to their completed Website, neither of which will allow them a refund of their first payment. Any adjustments to the timeline or rescheduling of the Design Dates will be confirmed and communicated by the Designer in writing.
Initial Payment Obligations
The Client shall not be obligated to make the initial payment before accepting the Agreement. After accepting the Agreement, however, they will be obligated to pay the initial invoice by the project start date. Failure to make the payment by the project start date may result in a change to the Design Date. Any changes to the Design Date will be communicated to the Client in writing.
The Client is free to cancel the project before signing the Agreement without incurring any fees or penalties.
Sickness
If the Client or Designer falls sick rendering them incapable of meeting any of the project deadlines, either Party must communicate this in writing. Depending on the extent of the incapacity and the degree to which the project timeline is affected, the project will either continue or be rescheduled at the Designer’s discretion. This decision will be communicated and agreed upon in writing. If the project must be rescheduled, the Designer will present the Client with a list of alternative Design Dates for the Client to choose from. As soon as the new Design Dates have been confirmed, work on the project will cease and recommence at this later confirmed date. The Client acknowledges that a rescheduling of the project will not result in a refund, nor will it affect the final project fee.
Incapacity of the Client or Designer:
If the Client or Designer becomes incapacitated to the point of being unable to fulfil the project deliverables due to illness, injury, or other major unforeseen circumstances, either Party must promptly notify the other of the situation. Under such circumstances, the project will be terminated, and the initial payment fully refunded, unless an Agreement is made between both parties to postpone and reschedule the project.
Project Extensions
The Client acknowledges that they will not be able to request any extensions to the project or project deadlines. For more information, please refer to clause 5 on Project Timeline and Deadlines.
Refunds and Early Terminations
If the Client decides to terminate the project before the Design Call, they will be entitled to a full refund of £500, the Agreement will terminate immediately and any assets belonging to the Client will be duly removed from the Shrub Designs system. If the Client decides to terminate the project after the Design Call, they will no longer be entitled to a refund of their initial payment, acknowledging that work on their project will have already begun. All the Client’s assets, however, will still be duly removed from the Shrub Designs system. Any approved requests to terminate the project will be accepted up until the first Website preview, removing the Client from any obligation to make the final payment. Any request to terminate the project after the first Website preview has been sent to the Client will not be accepted and the Client will be obligated to make the final payment.
The Client acknowledges that no refunds will be issued once they have received full access to the finished Website.
Cancellations, Terminations, and Breaches of Agreement
Cancellations or terminations by either party must be communicated in writing. If the Client terminates the Agreement within the specified time frame, the refund policy outlined in the previous clause will apply.
Final Payment and Delivery of Website
The final payment will be due within three (3) days of the invoice date. This ensures the project is completed and the Website can be handed over to the Client at a reasonable time around the completion of the Website. Full payment is required before the Client can receive full access to the Website, including administrative controls, files, and any related assets created for the Website. Until the final payment is made, the Designer retains full ownership of the Website, and the Client will only have access to a preview version. Failure to make the final payment will result in delays in delivery.
The Client acknowledges that once the Website has been completed the Designer is no longer obligated to carry out work on the Client’s website.
Late Payment
If the Client fails to make the final payment within the due date period of three (3) days after the invoice has been sent, the Designer will provide a grace period of twenty-eight (28) days from the due date, during which no late fees will be incurred, however, the Website will still be withheld. After this grace period, the Designer will continue to reserve the right to maintain full ownership of the completed Website until payment is received, and an additional late fee of 1.5% of the outstanding balance will be applied for each month the invoice remains unpaid starting from the end of the grace period. If the payment is still not received within sixty (60) days of the due date, the Designer reserves the right to terminate the Agreement and pursue collection efforts, with the Client responsible for all associated costs, including legal fees.
The Designer encourages the Client to make timely payments to ensure a smooth transfer of ownership. Upon receipt of payment, full ownership will be promptly transferred to the Client. The Client acknowledges that they will not be entitled to any refund at such a point.
Additional Charges
Any additional charges incurred during the project, which have been discussed and agreed upon in writing by both Parties, will be added to the second and final invoice.
Additional Pages
If the Client wishes to add any additional pages to their site which are not included in the Client’s chosen package they are free to do so for £120 for each additional page. The Client and the Designer will have established the need for any additional pages during the Initial Call and Design Call, however, the deadline to confirm all desired additional pages will fall on the same day as the Client’s content submission deadline as stated on page 2 in the Client Package.
Additional Calls
The Client acknowledges that there are only three scheduled calls throughout the project. Any additional calls with the Designer lasting up to 60 minutes will incur a charge of £40 which will be added onto the final invoice.
Change of Package
If the Client chooses to switch packages, the project fees will be adjusted accordingly and will be reflected in the final invoice. Before the final invoice is sent, the Designer will provide written confirmation of the agreed package change, along with a breakdown of the updated project fees.
Payment Method and Invoicing
Payments shall be made via bank transfer to the Designer's account, the details of which will be provided in the invoice. The Designer will issue an invoice for each payment, delivered to the email address provided by the Client before the enquiry call unless requested otherwise.
Squarespace Subscription Costs
By signing this Agreement the Client understands that they are responsible for the charges and costs associated with Squarespace and their Website subscription plan. They understand that the Designer and Shrub Designs are not responsible for the subscription plan chosen by the Client, nor are they responsible for purchasing or paying for the Client’s Website subscription plan. The Client also understands that if they already have an existing Squarespace subscription plan an additional cost to upgrade their plan as a result of added Website features may occur, and that again, they and not Shrub Designs are responsible for these costs.
Content and Material Requirements and Submission
To effectively perform their duties, the Designer requires the following content and materials from the Client: logos, design assets, images, photographs, contact information, Website copy, product information and details, product quantities, and shipping information. The Client agrees to provide all these materials via the shared client Google Folder by the content submission deadline outlined on page 2 of their Client Package. Any content submitted after the deadline will not be accepted.
The Client must ensure that everything they have submitted in their Google Content Folders appears exactly as they wish it to appear on their final finished Website, and that their copy and images meet the outlines specified on page 8 of their Client Package. The Designer will not be obligated to make changes to any of the copy, content or images provided by the Client.
Revision Policy
Mood Board Revisions:
The Client understands that they have a three-day period to make as many desired revision requests to their Mood Board as can be made by the designer between the time of receiving their Mood Board and 9 pm on the third day of this period, any requests submitted thereafter will not be accepted. The Client must approve their final Mood Board proposal by midnight of the third day of this period. To maximise the number of opportunities to make changes to the Mood Board, it is advised that the Client chooses a three-day period after the completion of their Mood Board and before their Website Start date where they have maximum availability.
Website Previews and Revisions
The Client understands that they have just two opportunities to make revisions to their finished Website. The first round of revisions will take place on the 8th day of their Design Calendar, they will receive their preview the morning of the 8th day and must submit a complete list of their desired revisions by midnight of the 9th day in the Design Calendar, any revision requests submitted thereafter will not be accepted and the designer will fulfil all requests on the 10th day. The second preview will be sent to the Client on the morning of the 11th day and a complete list of revision requests must be submitted by midnight of the 11th day, any revision requests submitted thereafter will not be accepted, and the designer will fulfil all requests by the 13th day in the Design Calendar. The Client acknowledges that they must submit their requests on time and that those requests must be comprehensible, instructive and within reason given the project timeline.
No further revision rounds will take place beyond the two outlined in the project and Agreement.
Independent Contractor Relationship
The Client acknowledges that the Designer is an independent Contractor and not an employee, partner, or agent of the Client. This Agreement does not create any form of employment, joint venture, or partnership between the parties.
Intellectual Property and Copyright Ownership
The Client acknowledges that, before the final payment has been made, the Designer retains full ownership of all intellectual property rights and copyrights associated with the Website design and development work, including but not limited to design elements, code, and any related materials. Upon receipt of the final payment and successful completion of the project, all intellectual property rights and copyrights will be transferred to the Client, granting them full ownership of the Website. Until the final payment is made, the Client is granted a limited licence to use the work solely for review purposes, and any use beyond this scope is prohibited.
Client Assets and Content Protection Clause
The Designer acknowledges that all assets and content provided by the Client for this project, including but not limited to copy, images, graphics, logos, and any other proprietary materials, shall remain the sole property of the Client. The Designer agrees to use such assets and content solely for the intended purpose of executing the services outlined in this Agreement and shall not misuse, distribute, or disclose any of the Client's assets or content to third parties without the Client's prior written consent. Furthermore, the Designer shall take all reasonable precautions to protect the confidentiality and integrity of the Client’s assets and content throughout the project and beyond.
Marketing and Advertising Rights
Both the Client and the Designer may share photographs and descriptions of the completed Website for marketing and advertising purposes across their platforms only after the Client has received full access to the final Website. Sharing of project materials during the review stage or prior to this access is prohibited. Both parties agree to accurately represent the work and credit each other appropriately in any marketing or advertising materials relevant to the creation of the Website.
Creative Licence Rights
The Client acknowledges that the Designer retains creative licence rights to utilise their specialised skills and talents in delivering the web design service. This includes making artistic and design decisions that align with Website design best practices, whilst maintaining the integrity of the Client’s assets. The Designer will create a Website that reflects the Client's vision while ensuring functionality and quality, leveraging their expertise throughout the process.
Engagement in Other Work
The Client understands that the Designer may simultaneously be engaged in other projects. The Designer assures that any work outside of the Client’s project will not compromise the Client’s project timeline and end date. The Designer will ensure that all deliverables are met according to the schedule outlined in this Agreement.
Squarespace Disclaimer:
While our websites are built on the Squarespace platform, we are an independent business and not affiliated, sponsored, or endorsed by Squarespace, Inc.. The term "Squarespace" is a trademark owned by Squarespace, Inc. Please note that our content and products are not associated with or endorsed by Squarespace, Inc.