Delightful Ethical Digital

Terms and Conditions

Terms and Conditions for all Agreed Deliverables

The terms and conditions outlined here govern all services provided by Fat Beehive and are legally binding upon the signing of the Proposal. By signing, the client agrees to adhere to these terms, which define the scope, responsibilities, and obligations of both parties during the course of the work.

  1. Definitions and Interpretation
    • The following terms apply to these Terms and Conditions:
        • Approval: When the Customer approves to proceed with the Agreed Deliverables Proposal.
        • Acceptance Tests: Tests defined in the agreement are used to confirm that Agreed Deliverables meet requirements.
        • Blueprint: The specification for the website 
        • Business Day: A working day in England, excluding weekends and public holidays.
        • Charges: Fees for the Services as listed in the agreement.
        • Confidential Information: Any information marked as confidential or reasonably should be treated as such.
        • Data Protection Legislation: Relevant UK laws on data protection and privacy.
        • Agreed Deliverables: The Customer’s website, web development or other service offered by Fat Beehive as specified in the Proposal
        • Intellectual Property Rights: Rights related to patents, trademarks, designs, and more.
        • Handover: The point when the Agreed Deliverables are handed to the client. 
        • Proposal: The document that sets the Agreed Deliverables
        • Materials: Content provided by the Customer for the Agreed Deliverables.
        • Milestones: Key stages in a project that represent significant progress points, tied to deliverables or approvals, which trigger invoicing 
        • Services: Design and development services are outlined in the Proposal..
    • Clause and Schedule headings are for reference only. Singular terms include the plural and vice versa.
  2. Scope of Services
    1. Fat Beehive will design, develop, and deliver the Agreed Deliverables based on the agreed specifications.
  3. Customer Responsibilities
    1. The Customer must:
      1. Provide necessary information, data, and access for the Services.
      2. Approve or provide feedback on designs by agreed deadlines.
      3. Delays caused by the Customer may result in additional charges.
  4. Development and Acceptance
    1. The Agreed Deliverables are accepted when they pass the agreed Acceptance Tests.
    2. Fat Beehive is not responsible for issues caused by the Customer or third parties, but assistance may be provided at additional cost.
  5. Third-Party Products
    1. Third-party software will be provided under the terms of the respective licensors.
  6. Charges and Payment
    1. Charges must be paid within 14 days of the invoice date.
    2. Late payments will incur interest at 4% above the Bank of England base rate.
  7. Service Pledge
    1. Fat Beehive will provide Services with reasonable care and skill.
  8. Limitation of Liability
    1. Fat Beehive’s liability is limited to the total Charges paid under this agreement in a calendar year, except for unavoidable liabilities like fraud or personal injury.
  9. Intellectual Property
    1. The Customer ensures that provided Materials do not infringe third-party rights.
    2. Fat Beehive ensures that the Agreed Deliverables provided do not infringe on UK Intellectual Property Rights.
  10. Data Protection
    1. Both parties will comply with UK Data Protection Legislation.
    2. Fat Beehive processes Personal Data only as directed by the Customer.
  11. Term and Termination
    1. This agreement ends upon acceptance of the Agreed Deliverables and full payment unless terminated earlier.
    2. Either party may terminate if the other fails to meet essential terms after a reasonable notice period.
  12. Confidentiality
    1. Both parties must keep confidential any non-public business information shared under this agreement.
  13. Force Majeure
    1. Neither party is liable for delays or failure to perform due to unforeseen events beyond their control.
  14. Change Control
    1. Changes to the Services must follow the agreed procedure.
  15. Governing Law and Jurisdiction
    1. The laws of England and Wales govern this agreement, and disputes will be resolved in its courts.

Schedules

Schedule 1: Services (Website Proposals)

If the Discovery phase identifies a more suitable approach for any part of the project, costs and timelines may be adjusted accordingly. Any proposed additional fees will be clearly explained and require your approval before proceeding with development work.

Schedule 2: Acceptance Tests

The Acceptance Tests, where applicable to the Agreed Deliverable, will cover the following areas:

  1. Content and Component Testing
    1. Standard text templates
    2. Homepage components
    3. Inline components
    4. General components
    5. Template listings
  2. Functionality Testing
    1. Roles and permissions
    2. Header and Footer
    3. Plugins
    4. Navigation bar
  3. Browser Compatibility Testing
    1. Mobile/Tablet:
      1. Apple/iOS: Safari and Chrome
      2. Samsung/Android: Chrome, Edge, Firefox, and native Samsung browser
    2. Desktop:
      1. Mac/iOS (Monterey and Ventura): Safari, Firefox, Chrome
      2. Windows (10 and 11): Edge, Firefox, Chrome
  4. Data Validation
    1. Ensuring data inputs, outputs, and storage meet the required specifications.

These tests will ensure the Site functions as expected across devices, browsers, and use cases.

Schedule 3: Charges

Invoicing Schedule (Website Proposals)
    1. Milestone 1 – Approval
      1. 100% of the Discovery phase cost, invoiced upon signing the Proposal.
      2. Payment confirms the project start and reserves the schedule.
      3. Payment due before the first planning meeting or within 7 days of the invoice date.
    2. Milestone 2 – Development Commencement
      1. 50% of the revised development cost (based on the final scope of work).
      2. Payment reserves time in the schedule and initiates the build.
      3. Payment due within 14 days of invoice.
    3. Milestone 3 – UAT Handover
      1. 25% of the revised development cost (based on the final scope of work).
      2. Invoiced after the completed website is handed over for User Acceptance Testing (UAT) and CMS training is provided.
      3. Payment due within 14 days of invoice.
    4. Milestone 4 – Project Sign-Off
      1. 25% of the revised development cost (based on the final scope of work).
      2. Invoiced upon UAT completion and project sign-off.
      3. Payment due within 14 days of invoice.
    5. Milestone 5 – Hosting and Support Fees (if applicable)
      1. Hosting and support fees invoiced two weeks after UAT handover.
      2. Payment due within 14 days of invoice.
  • Additional Charges
    • Any additional activities or fees beyond the approved scope will be invoiced upon client approval and sign-off.
Invoicing Schedule (Proposals over £1000)
  • Milestone 1 – Approval
    • 50% invoiced upon signing the Proposal.
  • Milestone 2 – Handover
    • 50% on Handover
Invoicing Schedule (Proposals under £1000)
  • Milestone 1 – Approval
    • 100% invoiced upon signing the Proposal.