Terms & Conditions

Last updated: 31 October 2017

All services provided by Matthew Elsom to any Client are subject to the following terms and conditions.

Contract

The Client’s approval for work to commence shall be deemed a contractual agreement between the Client and Matthew Elsom. Matthew Elsom will carry out work only where an agreement is provided either by email or mail. An ‘order’ is deemed to be a written contract between Matthew Elsom and the Client, this includes email agreements.

Matthew Elsom holds intellectual copyright of any material, including source code, interface layouts, artwork and original images created for the Client until payment of the final invoice. On receipt of final payment Matthew Elsom will transfer this intellectual copyright to the Client.

Website Content

In situations where the Client provides images, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material is true and correct and does not infringe copyright. Matthew Elsom will not accept liability for any claims made against content provided by the Client. Matthew Elsom recommends that all website content be provided by the Client before work commences on the design process. Matthew Elsom cannot be responsible for the delayed delivery of design work if the Client has not provided content upfront.

Wireframes and User Flows

Wireframes are a visual guide that represent the skeletal framework of a website layout, including website content, interface elements and navigational systems. Matthew Elsom produces wireframes for your site based on your brief and the requirements communicated by you.

Concepts/Interactive Prototype

When wireframes are approved by the Client, Matthew Elsom produces design concepts for your site based on these wireframes. Concepts are flat visual mock-ups of how your site will look.

Final design files will be provided in a suitable format and shared with you.

Changes and Revisions

Matthew Elsom’s estimate/quotation prices are based on the number of hours that we estimate we will need to accomplish everything that you have told us you want to achieve, including iterations. If you do want to change your mind, add extra pages or new functionality, that won’t be a problem but will incur additional charges. Matthew Elsom will not undertake any additional work without prior approval from the client. Our standard hourly rate for ad hoc work is £100/hour.

Domain Name Registration

All third party costs arising from the registration of a domain name shall be met by the Client. Where Matthew Elsom has registered a domain name on the Client’s behalf we do so in the Client’s name and address so they have ownership of the domain.

Stock Images/Graphics

Images purchased by Matthew Elsom on the Client’s behalf are under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. If the Client wishes to use any images from the site for purposes other than their website they must contact Matthew Elsom for clarification.

Search Engine Optimisation/Promotion

Matthew Elsom designs websites that are search engine friendly and can advise strategies to help promote your website in search engines such as Google. While Matthew Elsom endeavours to optimise your website for search engines, we cannot make any guarantees on ranking position.

Compliance with Ecommerce, Accessibility or other Regulations

It is the Client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations. Matthew Elsom cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. Matthew Elsom will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

Your Privacy

Matthew Elsom will not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Quotations

The price quoted to the Client is for the work specifically agreed on the quotation only. Should the Client decide that changes are required after work on the website has commenced there may be a surcharge. Unless otherwise agreed any quotation provided will be valid for 30 days from the date of receipt. Unless otherwise agreed any quotation provided will be valid for 30 days from the date of receipt.

Payment

Payment for services provided under this contract are expected promptly and in any event within 30 days of the date of the relevant invoice/s. Matthew Elsom reserves the right to obtain an up-front payment for services provided under the contract, for fees to be invoiced during the contract, or for fees to be invoiced at completion of the work.

Cancellation

Should the Client wish to cancel at any point during the process they shall remain liable for the work that has taken place which shall include any work on concepts (see above) and shall be invoiced accordingly. The amount due shall be calculated by applying standard hourly rate of £75 per hour to the amount of time spent on the project until cancellation. Matthew Elsom reserves the right to cancel the contract at any stage, in which case Matthew Elsom will return all amounts paid, less: any costs incurred to third parties (such as hosting costs) and any retainer paid at the outset of the contract.

Future support

Matthew Elsom is happy to provide ongoing support and updates charged at our standard hourly rate.

Liability

Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. We cannot be held responsible for problems caused by any illegal activity or the actions of others. Matthew Elsom will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

You shall indemnify and hold Matthew Elsom free and harmless from and against any and all claims, losses, costs, demands, damages, suits, judgments, penalties, liabilities, debts, expenses and causes of action and every other claim or litigation (including all costs and fees) for bodily injury, illness, disease, or death to any Third Party and/or loss of or damage to any Third Party property (whether real or personal) and/or for any and all other loss (including financial loss), damage or delay sustained by any Third Party howsoever caused.

By agreeing to these terms and conditions your statutory rights are not affected. Matthew Elsom reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.

Terms of use for this website

The use of this website (“Site”) - http://matthewelsom.com - is subject to the following terms of use (“Terms”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use this Site.

By accessing or using this Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Site.

Intellectual Property

This Site allows you to view certain information, text, graphics, videos, or other material (“Content”).

All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) belong to Matthew Elsom and/or third parties. Nothing in the Terms grants you a right or license to use any trade mark, design right or copyright owned or controlled by Matthew Elsom or any other third party.

Encrypted Content

(“Encrypted Content”) refers to content of any nature that is visually hidden/impaired or concealed on this Site.

All Encrypted Content shall be kept strictly confidential and shall not be disclosed to any third party.

Any permissions or access granted to unlock Encrypted Content is subject to written approval. Encrypted content may not be copied, transferred or shared to any other third parties or services without express consent from Matthew Elsom - this includes screen recording/capturing.

This Site may contain links to third-party web sites or services that are not owned or controlled by Matthew Elsom.

Matthew Elsom has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Matthew Elsom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

Matthew Elsom reserves the right, at sole discretion, to modify or replace these Terms at any time.

Contact Us

If you have any questions about these Terms, please contact me.