TERMS & CONDITIONS
Original Date: March 11, 2018
Updated: February 24th 2021
Changes and updates to these terms can be made at any time, without notice, at the discretion of Really Different Limited.
For purposes of these terms, Really Different Limited will be referred to as Really Different.
Really Different Limited Terms
1.0 General Services Rendered
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and predominantly use a live demo, so we won’t waste time mocking up every template as a static visual. We may, or may not, use static visuals to indicate a look-and-feel and direction (colour, texture and typography) in the first place. Normally, we will design an image for the website, based on your company’s corporate identity/logo and colour scheme. The website is based on a Premium Theme of our choice and the end product is the final theme, customised, with your content and branding. There are no predefined page layouts as this will depend on the information supplied and will be at the discretion of the web designer at the time. Usually, Really Different will provide clients with a home page design to sign off before we program the website and we always give the opportunity for feedback on the design before going ahead. Please note that there will be design restraints, which will need to be observed, as the Easystart and Prostart websites are website packages and are not bespoke websites. Most of the restraint will be governed by functionality limits, but both packages do remain very flexible design solutions. Clients will be given one, or more opportunities to review our work and provide feedback.
1.2 TEXT CONTENT
Writing, or inputting any additional text copy, is not included in any standard contract. If you’d like Really Different to write new content or input more text for you, a separate estimate would be provided for that.
1.3 DATA UPLOADING
Really Different usually designs up to six pages of data into an Easystart website and 10 – 12 pages of a Prostart website are included in the cost. However, in some cases, we will upload the main page structure of the website and we will design all pages in the development, but prices would be adjusted to account for any additional content in the cost/investment table, in the Proposal document, for any additional pages. Any images provided must be the final images and not test images. Once the website has been completed it is the responsibility of the client to test the website, whilst on the development/demo server address or behind a holding page, where any other information/corrections may be applied, prior to it being published to the public Internet. If you require additional content, to the agreed, uploading, then we would need it before we could give a cost, as it would depend on the quantity of content per page.
All text and imagery (copyright-free photographs) for the site will need to be supplied by the client (unless otherwise arranged). Clients will need to supply graphic files to us in an editable, vector digital format. Photographs must be in a high-resolution digital format. If clients choose to buy stock photographs, Really Different can suggest stock libraries and styles of photography/images. If you’d like us to search for photographs for you, Really Different can provide a separate estimate for that. The cost of buying stock photographs, or a photo shoot, is not included in our contracts. Really Different can suggest a photographer if needed.
Really Different reserves the right to override decisions that are requested that fall outside of the design limits of the package, or will have the right to re-quote in writing at any time if more functionality is needed over and above that which is already included in the website package quoted for, as defined in the Proposal document. Please note that clients will not be able to choose their own theme for our Website Packages. If additional functionality is needed, Really Different can review and suggest an upgrade path, if necessary.
1.6 PAYMENTS AND REFUNDS
If any website development is stopped by the client for any reason, at any stage, the payments, up to that point, are non-returnable and no permissions to the original artwork supplied will be given unless all, or any, outstanding amounts owing have been paid. Payments for any website development under £5,000 are usually billed and paid in advance, after signing the Proposal document and agreeing to the content in the Proposal document, and in one single stage. Payments for bespoke websites over £5,000 are usually billed in two, or more, stages after consultation with the client. Any payment for uploading additional content, above and beyond the specified, will be due before going live and once the website has been approved for publication. Please Note: Payment should be made by bank transfer – details to enable this are always on all the invoices. All annual payments for hosting and domain name renewal will be taken by GoCardless Direct Debit from the second year onwards.
1.7 APPROVAL AND SIGNING OFF
Really Different allows up to four working days for clients to check/approve and sign off the design.
2.0 HOSTING FACILITIES
2.1 EASYSTART HOSTING
Really Different offer a fully managed, commercial service for those clients who want a single point of contact and responsibility for their web design, domain name registrations, programming and web hosting/email. Really Different also offers a personal service with regard to our support.
2.12 EASYSTART HOSTING SOLUTION – monthly basic server security updates
• 10 GB commercial web space
• 10 GB data transfer per month – Traffic limit
• Ongoing Web site ‘hosting’ technical support (9 a.m – 5 p.m. Monday – Friday)
2.13 EASYSTART EMAIL FACILITY (OPTIONAL)
• Up to 10 web-enabled iMAP mailboxes (more can be ordered – POA)
• Access via our webmail website to each mailbox
• E-mail technical support and maintenance (office hours 9 am – 7 p.m. Monday – Friday)
• Paypal integration – Paypal button against some selected products
3.0 PROSTART AND PRO-SHOP HOSTING monthly basic plug-in and security updates not included
• 30 GB commercial web space
• 30 GB data transfer per month – Traffic limit
• Ongoing Web site ‘hosting’ technical support (9 a.m – 5 p.m. Monday – Friday)
3.1 PROSTART E-MAIL FACILITY (OPTIONAL)
• Up to 30 web-enabled POP, or IMAP mail
• Webmail access via our client web site
• E-mail server maintenance and support (9 a.m – 5 p.m. Monday – Friday)
3.2 PROSTART MONTHLY PLUG-IN AND SECURITY UPDATES
These are usually updated on a monthly basis and accounted for in the monthly maintenance fee.
Really Different can set up and supply email settings (email is included in the hosting if required) and support the hosting of email accounts connected to the web hosting facility. Email can be hosted elsewhere and we can adjust the MX records to facilitate this. If we are to support the email we must host the mailboxes on our server. If we do not host the email boxes we will not support the email. details of the email settings are here: https://www.reallydifferent.com/general-email-server-settings/ – Please note that this is a password-protected page for client access only – please ask for a password if you need to access this page.
4.0 WEBSITE SECURITY
Security is the most important reason why Really Different should keep clients’ websites up to date. The web-based software we use for our Prostart systems is WordPress. Due to its immense popularity, WordPress is also a target for hackers, malicious code distributors, data thieves, and wanna-be hackers. This means that it is important that Really Different use the latest version of WordPress, to avoid known security vulnerabilities. Really Different will make sure that all our Prostart WordPress plugins, themes, and the WordPress core itself are always up to date (subject to compatibility releases).
4.1 SSL / TLS
Transport Security Layer (TLS) encryption enables HTTPS connections between visitors and origin server(s), preventing man-in-the-middle attacks, the display of web browser trust warnings, combined with a host of other features.
4.2 DDoS ATTACK
DDoS attack protection for non-web TCP protocols and ports.DDoS stands for Distributed Denial-of-Service and is a malicious attempt to disrupt normal traffic of a targeted server, service, or network, by overwhelming the target or its surrounding infrastructure with a flood of Internet traffic.
4.3 ENSURE APPLICATION AVAILABILITY
Our Security software improves the availability of applications affected by overloaded or unavailable infrastructure. A one-off cost that gives your website the HTTPS that Google is now promoting to become the norm rather than just websites that take payments. The cost of the Security application, installation and SSL certification is set-out in every Proposal sent out by Really Different. All Really Different websites included web security as standard.
Really Different will also include a cookie acceptance option as standard, if required, at no additional cost.
5.0 WORDPRESS PROSTART SYSTEM
The updates to WordPress, all its associated plug-ins and the core system updates happen quite frequently (on average, about once a month). The actual cost of these for a stand alone, a self-managed, website can easily run into nearly £1,000 + VAT per annum, or more, depending on the complexity of the functionality that will need updating.
Really Different has developed the Prostart version of WordPress which uses a specific theme across the board with stable and well-used plug-ins which are known to be compatible with each other. Really Different will update all the necessary components every month with the systems. There are no additional annual costs for Easystart websites for this, as they are flat HTML websites and can be edited with a number of different software facilities, the choice of which is with Really Different and can change at their discretion at any time. However, for Prostart and Pro-shops there is a cost. This cost is nowhere near the updating costs normally associated with this software. (Please refer to the Proposal signed at the time as these costs can vary).
5.1 WORDPRESS INTEGRATION
Really Different will set up, install and configure the new website on their server, as described in the scope of work section in the Proposal document. WordPress is a third-party tool and therefore Really Different can’t be responsible for any bugs associated with WordPress, or its plugins. If any bugs are found during the development phase, or 30 days after launch, Really Different will fix it (if possible) or update WordPress, or the faulty plugin, if it’s available, Really Different will inform the developer and ask for a fix.
5.2 BROWSER TESTING
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. Really Different test work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox. Really Different won’t test in other older browsers. Really Different only design new Easystart/Prostart/Pro-shops for modern up to date browsers. There will be no ‘retro-designing’.
5.3 MOBILE BROWSERS
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the device’s capabilities. Testing work is completed in:
• iOS: Safari
• Google Chrome,
NOT for Blackberry OS, Blackberry QNX, Opera Mobile, Symbian or other mobile browsers.
5.4 TECHNICAL SUPPORT
Really Different offer support for website hosting, email and other services relating to the hosting during office hours only, however, the servers are supported 24/7. As long as a client’s site and email are hosted on the servers, Really Different can provide technical support. Please note: some of the support may be chargeable, depending on the reasons needed at the time.
5.5 CHANGES, REVISIONS AND ERRORS
Fixed-price contracts are rarely beneficial, as they often limit you to your earliest ideas. Not wanting to limit clients’ ability to change their minds, or make decisions later when a client might be better informed. Therefore, the price at the beginning of a contract is based on the length of time we estimate Really Different needs to accomplish everything the client has told them that they want to achieve, but if a client wants to change their mind, or add anything new, that won’t be a problem as Really Different can provide a separate estimate for to cover any additional work. Really Different can’t guarantee that their work will be error-free, so we can’t be liable to you, or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
6.0 WEB STATISTICS REPORTING
This can be set up, if needed, and is a complete package monitoring the site. This option is not dealt with in the Proposal pricing table but can be set up separately. Three or six monthly reports can be generated and presented in a PDF to your mailbox including specific statistics which can be discussed before set-up. Specific stats will be taken from Google Analytics. POA.
7.0 SOCIAL MEDIA INTEGRATION/ LINKS
All websites will include social media icons and links to your accounts on the home page and there are options to display your Twitter feed, social share buttons, with a simple email form on any contact page. Really Different can also manage their client’s Social Media accounts – details can be sent out in separate Proposals on request.
8.0 DOMAIN NAMES
Registration will be in addition to the cost of any website development. This cost will depend on the domain name required and the domain will be renewed, annually and automatically, unless otherwise requested. Really Different can register a (or you can transfer an existing *) domain name which will be the primary domain for your website and email set-up.
9.0 RIGHTS or DISPUTES
Really Different reserves the right to display or exhibit any final product(s) to other potential Clients except where doing so may violate any confidentiality agreements which may be in force.
Really Different reserves the right to re-use for other Clients any suitable portions of code or design which may be taken from code or designs prepared for the Client.
The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation without formal proceedings. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in these terms shall be subject to arbitration upon written demand of either party.
Client’s rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of Really Different, which consent shall not be unreasonably refused.
10.0 MOVING AWAY
The software is sold under on the understanding that the client does not have legal ownership of the website, but does have legal ownership of the content of the website. Prostart websites are a website theme and the end product is the final website customised with your content and branding. If upgrading, or moving away, from our hosting facility and technical support, then we will, at an agreed cost, provide a website migration package and the different packages are outlined below.
10.1 MOVING A PROSTART/PRO-SHOP
For a small charge, Really Different can facilitate a full WordPress export for clients to host a WordPress standalone website elsewhere.
10.2 MOVING A STAND-ALONE
The client can have FTP access and take a copy of the website or, for a small charge, Really Different can facilitate a full WordPress export for clients to host a WordPress standalone website elsewhere.
10.3 MOVING AN EASYSTART
For a small charge (normally £145 + VAT) Really Different will zip up a static HTML copy of the website. As with the online version, this will not contain an admin website or any editor. Clients or their new suppliers can host the static site and then edit the code themselves, or transfer the data and rebuild the site in a CMS system of their own choosing. Please note that the contact form(s) will not work but will only require simple and minimal PHP adjustments to rectify on the new server.
In no event shall Really Different Limited be liable for any damages and/or losses including security issues, data, bugs, losses, or any other damages. If you have a situation in which you feel you may be conflicting with this agreement, please contact email@example.com with the software title and any applicable information. Each situation is met on a case-by-case basis.
Easystart and Prostart websites are licensed, not sold, to the client by Really Different Limited for use only under the terms of this agreement. Really Different Limited warrants the software, from the going live date for the period of the ongoing hosting, will be free from defects in materials and workmanship under normal use, and the software, as provided, will substantially conform to specifications for the software.
Any bugs/defects or inaccuracies should be reported and fixed while any new site is on the development server and before going live. If any bugs/inaccuracies are reported after the site is live these will normally be fixed within 24 hours and, if not possible, a timescale will be given. It will be at the discretion of Really Different if these are part of the included updates or will be chargeable and this will depend on the time from going live and the number of changes at the time of reporting. We will supply ongoing technical support to the website for the period of the hosting which is renewable on a annual basis, payable in advance.
11.0 MONTHLY FEES
Prostart and Easystart websites incur monthly ongoing fees which cover technical, security and like for like content updates. Costs vary and will be verified at the time of any specific Proposal delivery. All regular amounts will be taken by Direct Debit.
Technical support and bug fixing will only be provided to accounts which are paid up in full.