Application of terms
These terms apply to all business carried out by Jellyhaus and are to be read in conjunction with all correspondence confirming instructions. If there is a conflict between these terms and correspondence, these terms of business will prevail.
Jellyhaus will exercise due skill, care and diligence in carrying out the design work identified in your instructions to us and agreed by us as part of your brief.
Our fee will be fair and reasonable for the work in question and type of project in all circumstance of the particular instructions. A principal element in the calculation of our fee is the time spent by partners and senior staff on the work.
Unless the fees and expenses are clearly stated to be a fixed sum, any indication of likely costs is an estimate only which is exclusive of VAT and is subject to change as matters progress and the full amount of work becomes apparent. Where it is likely our initial estimates will be exceeded, we will notify you promptly of our revised estimates.
Figures estimated or quoted will not cover work outside the original instructions for which an additional charge, based on principles referred to above, will be made. Our fees include all secretarial and administration time.
Fees quoted are valid for 30 days.
Expenses incurred in carrying out your work will also be added to the account including but not limited to third party resources – including one-off or recurring licences – required to complete a project, client meetings, travel expenses, car parking, couriers, printing, photography, and perspective artists’ visuals.
Our fees are payable as set out above even if the proposed transaction is not completed. VAT will be charged where applicable on fees and expenses at the appropriate rate.
Payment of fees
Jellyhaus has two methods of payment depending on the type of project undertaken. This will be discussed with you at the quotation stage and will also be clearly stated on the individual quotation. For both types of payment method, the amount invoiced in due for payment immediately.
The two methods of payment are:
- For one-off projects, we require a 50% deposit upon the job commencing with the remaining balance due either upon project completion or at the point the project is being used for its initially intended purpose – whichever is sooner.
- For on-going projects, we prefer a retainer-based payment method where an agreed amount is paid monthly until project completion.
Unless stated within the quotation, any printing, production, finishing and delivery costs are not included. If printing of a job is required, Jellyhaus are happy to provide a competitive quote which will be provided separately.
When designing for print and production is being organised by the client, then Jellyhaus will accept no responsibility for print errors found post-production. If printing of the item is to be organised by Jellyhaus, then a paper-based proof must be signed and dated by the client before print production can commence.
All content (inlcluding images, logos and copy) for projects is to be provided in a suitable format by the Client. Copywriting is not included in any cost estimation unless specified. For ‘digital’ projects such as websites, content filling, content migration and/or database population is not included unless specified.
Any mock-ups produced by Jellyhaus will be printed using a digital printing method and therefore will not be an exact replication of the end result – only a representation of the finished job.
Files, Documents & Data
It is our policy that at the point of termination of any agreement or partnership, all data and documents owned by the Client are securely transferred to the Client. Once the Client has confirmed receipt of these documents and/or data, they will be deleted immediately and permanently. This includes all data/documents held on-premises and/or in cloud-based solutions that are owned by Jellyhaus, including all backups, if applicable. Client data and documents are never held on removable media.
Documents and/or data may be retained in storage on your behalf for a reasonable period. If you wish to ensure retention of papers and/or electronic documents you should make specific arrangements with us.
Any correspondence or reports prepared on your behalf are confidential between us and we shall not disclose them to any third parties, unless otherwise clearly agreed or implied by the circumstances. We will keep confidential all documents relating to you using security measures no less secure than those we employ for our own confidential information.
All fees are exclusive of VAT.
Should the work be delayed – either at the request of the Client, or through any default of the Client – for a period of 30 days, or terminated by either party on written notice, Jellyhaus shall then be entitled to payment for all time incurred since the last invoice using an hourly rate appropriate to the project and skills/seniority of the individuals involved but not to be any less than £75 per hour.
Upon termination of a project in progress (or an existing project being put on hold indefinitely) by the Client, it is the responsibility of the Client to raise any issues regarding the project work in writing within 30 days of notification of the termination or delay.
Quotations provided by Jellyhaus are inclusive of a maximum of two amendments (excluding the initial concept). Should requirements and/or circumstances change relating to the project resulting in a significant shift in the project direction and/or goals then Jellyhaus reserve the right to charge additional fees to cover completed work.
We may periodically invoice you for fees and expenses even though the work is not completed.
If any request for payment on account or settlement of an interim account is not met on time, Jellyhaus are entitled to cease further work on that matter and any other matter being handled by us for you. In such circumstances, we accept no liability for the effect of delays with the Client and will provide revised quotations where appropriate. Jellyhaus will not invoice for any non-inclusive work without prior discussion and agreement with the Client.
Upon completion of the project and payment of the balance of the project fees, copyright for all project material, including intellectual property remains with Jellyhaus unless otherwise agreed. Completed projects may be added to the Jellyhaus portfolio.
Software/Website design and development
The Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless Jellyhaus from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service. If the Client requires hosting services to be managed by Jellyhaus, details of this will be included within the project estimate.
Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which Jellyhaus requires to upload the web site if required as part of a project.
Jellyhaus reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
Jellyhaus shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer 9+, Safari, Google Chrome and Mozilla Firefox latest releases. The Client agrees that Jellyhaus cannot guarantee correct functionality with all browser software across different operating systems and that the user’s experience may differ slightly between browsers.
Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, Jellyhaus reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
The Client agrees Jellyhaus is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act, interruption of service or omission of any third party services.
Jellyhaus is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Jellyhaus to the Client or a nominated third party provider, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Transfer of files and/or data from Jellyhaus to the Client will be limited to depositing on secure storage only. This means that any migration work from Jellyhaus System to Client System will incur additional costs.
If website hosting is provided through Jellyhaus, this is deemed to be a separate agreement between Jellyhaus and the Client. Any software problems relating to site functionality will only be resolved as part of an on-going support contract or on a case-by-case basis.
Jelyhaus would like to request that a small link is added to the footer of any website that is designed and/or built by Jellyhaus. This will be in a text that is no larger than 12px (9pt) written as “Website designed and built by Jellyhaus”. We would also like to reserve the right to publish a release to local press upon completion of the site.
Any development work includes 1-week post development bug-fixing support. All issues reported within 1-week from development completion will be resolved at no extra cost. Change requests will be chargeable at mutually agreed rates.
Whilst the timelines given are an accurate estimate, when using a third party CMS, Jellyhaus cannot be held responsible for delays to launch deadlines or on-going functionality issues as a result of:
- the CMS control panel and/or hosting environment not being available for the agreed periods;
- technical issues with the CMS environment out of the control of Jellyhaus;
- delays as a result of correct access not being provisioned to allow the upload of themes and layout templates;
- any change being made to content that results in a layout change and/or deletion of existing content stored remotely in the CMS. Jellyhaus endeavour to make copies of all code produced for third party CMS systems but cannot guarantee this will always be the case. An additional charge will be made to re-instate any previously loaded content that has been removed by the Client.
If a project requires integration with one or more third-party APIs to either push, pull or push and pull data, Jellyhaus cannot be held responsible for delays to launch deadlines or on-going functionality issues as a result of:
- Unforeseen complexities arising from the mis-match of data between any two systems.
- Working with and implementing APIs that would be classed as ‘legacy’ vs modern web coding techniques (an example of a ‘legacy’ API would be the SOAP protocol).
- Lack of documentation and support from the third party.
If a project requires integration with one or more third-party APIs to either push, pull or push/pull data, Jellyhaus reserves the right to review (and subsequently increase) any agreed fixed costs for a project if the complexity of working with any third-party API causes a reasonable increase in hours worked upon the project (for reasons including, but not limited to, the items in the bulleted list above). Any such increase will be determined based upon an agreed hourly rate and then formally quoted for Client approval.