Website and App Development Contract
This Website and App Development Contract (“Contract”) is entered into between The Designer Hut (“Designer”) and the client (“Client”). This Contract is governed by the laws of England and Wales, and any provisions herein shall be interpreted in accordance with applicable UK consumer and commercial law.
1. Scope of Work
1.1 Description:
The Designer agrees to provide website and/or app design and development services as outlined in the project proposal or agreement between the parties.
1.2 Deliverables:
The Designer will deliver the completed website and/or app, including all agreed-upon features, functionalities, and integrations.
2. Timelines
2.1 Project Timeline:
The Designer will provide an estimated timeline for completing the project. The timeline may be subject to change due to unforeseen circumstances, but the Designer will promptly inform the Client of any such changes.
3. Client Responsibilities
3.1 Content:
The Client agrees to provide all necessary content, including text, images, and other media, required for development. The Client must also provide domain access, hosting access, API keys, and any third-party service credentials as needed.
3.2 Approval and Feedback:
The Client will provide timely feedback and approval on design mock-ups, drafts, and other deliverables to ensure timely completion of the project.
3.3 Cooperation:
The Client will cooperate with the Designer and provide any requested information or assistance required for the successful completion of the project.
4. Payment Terms
4.1 Fees:
As agreed. Full payment will be due upon confirmation of the proposal.
4.2 Non-Refundable Deposit:
A deposit is required before the Designer commences any work on the project. This deposit is strictly non-refundable under any circumstances, including but not limited to client cancellation, change of mind, failure to provide required materials, or termination of this Contract by either party. The deposit represents consideration for the Designer’s time, resource allocation, any digital assets purchased, and preparatory work undertaken on the Client’s behalf. In accordance with UK contract law, the Designer is entitled to retain the deposit as compensation for work performed and costs reasonably incurred from the point of project commencement. By confirming the proposal and paying the deposit, the Client acknowledges and agrees that the deposit is non-refundable in all circumstances.
4.3 Remaining Balance:
The remaining balance of the agreed fee is due upon project completion, or as otherwise agreed in writing between the parties prior to commencement.
4.4 Payment Method:
Payment via BACS.
Account number: 14745768
Sort code: 30-93-66
Account name: Anita Dubb
4.5 VAT:
All quoted fees are exclusive of VAT unless otherwise stated. Where applicable, VAT will be charged at the prevailing UK rate.
5. Intellectual Property Rights
5.1 Ownership:
Upon the Client’s full and final payment of all sums due under this Contract, the Designer transfers ownership of the completed website and/or app to the Client. No intellectual property rights shall transfer prior to receipt of full payment.
5.2 Third-Party Materials:
The Client warrants that all materials provided to the Designer for inclusion do not infringe any third-party intellectual property rights.
6. Confidentiality
6.1 Non-Disclosure:
The Designer agrees to keep all confidential information provided by the Client confidential and not disclose it to any third parties without the Client’s prior written consent.
7. Termination
7.1 Termination for Convenience:
Either party may terminate this Contract at any time by providing written notice to the other party.
7.2 Termination for Breach:
Either party may terminate this Contract if the other party fails to fulfil its obligations and does not remedy the breach within a reasonable time period.
7.3 Notice of Termination:
The terminating party must provide written notice of termination stating the reasons and the effective date. It is recommended to send notice via recorded post or email with read receipt.
7.4 Outstanding Payments and Non-Refundable Deposit:
In the event of termination by either party, any outstanding payments or fees owed to the Designer must be settled within 14 days of the termination date. For the avoidance of doubt, the deposit paid under Clause 4.2 is strictly non-refundable in all circumstances and shall be retained by the Designer in full, regardless of the reason for termination. This retention of the deposit is in recognition of the Designer’s reasonable pre-commencement costs, time, and any assets procured. Failure to settle outstanding payments may result in the Designer pursuing recovery through appropriate legal channels, including but not limited to a claim in the County Court.
7.5 Percentage of Work Completed:
The termination fee for work beyond the deposit may be calculated based on the percentage of work completed at the time of termination, as determined through mutual agreement or reasonable assessment by the Designer, with reference to time spent and costs incurred.
8. Limitation of Liability
8.1 Exclusion of Consequential Damages:
The Designer shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Contract. Nothing in this Contract shall limit or exclude liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law under the Consumer Rights Act 2015 or any other applicable UK legislation.
9. Governing Law and Jurisdiction
9.1 Governing Law:
This Contract shall be governed by and construed in accordance with the laws of England and Wales.
9.2 Jurisdiction:
Any disputes arising out of or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales, with Birmingham as the preferred venue.
10. Entire Agreement
10.1 Entire Agreement:
This Contract, together with any agreed project proposal or scope of work, constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or agreements. Any amendments must be agreed in writing by both parties.
Upon acceptance of a quote, the parties acknowledge and agree to the terms and conditions set forth in this Website and App Development Contract.