Website Design and Development Terms of Service
1 - OVERVIEW These Website Design and Development Terms of Service apply to Ivy Helena and all Clients engaged for the provision of website design and development services. By making a payment, the Client agrees to these terms and conditions. Ivy Helena reserves the right to update, change or replace any part of this Website Design and Development Terms of Service at any time. It is the Client’s responsibility to check this page periodically for changes.
2 - SERVICES PROVIDED Ivy Helena agrees to design and develop a website based on the scope, features and inclusions outlined in the approved quote. Any additional requests or major changes outside the agreed scope may incur extra fees.
3 - PAYMENT TERMS A 30% deposit is required before work begins. The remaining 70% balance is due upon completion and before the final website is launched and transferred. Payment can be made by bank transfer or other approved payment methods. Work will not proceed or be handed over until payments are made in full.
4 - PROJECT TIMELINE Estimated timeframes will be provided once all required content (text, images, logos, etc.) has been received from the Client. Delays in providing materials may result in project delays.
5. CLIENT RESPONSIBILITIES The Client is responsible for supplying all necessary content, images and information required for the project. The Client must also review and approve all work within the timeframe requested to avoid project delays.
6. REVISIONS The Client is entitled to two rounds of revisions as part of the package. Additional revisions or changes outside the original scope may be billed at an hourly rate or as a new quote.
7. OWNERSHIP AND RIGHTS
Once final payment is received, the Client owns the completed website design, graphics and content created for the project.
Ivy Helena retains the right to display the work in portfolios and marketing materials.
All third-party materials (fonts, stock images, plugins, etc.) remain subject to their respective licenses.
8. WEBSITE LAUNCH AND HANDOVER Ivy Helena will assist in launching the website and ensure it functions as intended. After launch, the Client is responsible for ongoing maintenance, content updates, and backups unless a maintenance agreement is in place.
9. LIABILITY Ivy Helena is not responsible for:
Losses caused by website downtime, hacking, or third-party software issues.
Errors resulting from Client changes or misuse after handover.
Hosting, domain or email issues unless managed under a separate maintenance plan.
10. TERMINATION Either party may terminate the agreement in writing.
If the Client cancels before completion, the deposit is non-refundable and any work completed will be invoiced.
If the Ivy Helena terminates, any payment for uncompleted work will be refunded.
11. ACCEPTANCE By proceeding with payment or confirming approval, the Client acknowledges that they have read, understood and agreed to these terms and conditions.
12. WEBSITE MANAGEMENT AND MAINTENANCE
12.1 Ongoing Website Management
Unless a separate maintenance or management agreement is in place, Ivy Helena’s responsibility for the website ends once the project is completed, approved, and launched. After handover, the Client is responsible for:
Managing and updating website content, products, or images.
Ensuring all software, plugins, and themes are kept up to date.
Backing up the website regularly.
Maintaining valid hosting and domain subscriptions.
Monitoring website performance, security and uptime.
12.2 Optional Maintenance Services
Ivy Helena may offer optional ongoing maintenance packages for an additional fee. These may include:
Regular software and plugin updates.
Security and performance monitoring.
Content or design updates.
Technical support and troubleshooting.
If the Client chooses not to engage a maintenance plan, Ivy Helena is not liable for any issues that occur due to outdated software, third-party plugin conflicts, hosting problems, or misuse.
12.3 ACCESS AND CREDENTIALS Upon final payment, all necessary login credentials (such as admin access) will be provided to the Client. The Client is responsible for maintaining the confidentiality of their credentials. Ivy Helena will not be held liable for security breaches, data loss or website errors caused by changes made by the Client or third parties.
12.4 BACKUPS AND SECURITY Ivy Helena is not responsible for backup, data loss or corruption that occurs after the handover unless a maintenance plan covers backup services.
12.5 TECHNICAL SUPPORT Ivy Helena may provide basic post-launch support for a period of time eg. 14 days to ensure the site functions correctly. Further technical assistance, training, or updates requested beyond this period will be subject to additional fees.
12.6 INACTIVITY AND NO WRITTEN COMMUNICATION If there has been no written communication or engagement from the Client for a continuous period of six (6) months, Ivy Helena will consider the project or service relationship to be inactive and completed. After this time:
Ivy Helena has no further responsibility or liability for maintaining, updating or storing project files, backups or website data.
Any future work, reactivation or retrieval of files will be treated as a new project and may incur additional fees.
Ivy Helena is not responsible for any issues that arise as a result of the Client’s inactivity, including website downtime, outdated software, loss of files or technical errors.