
Website Ownership Terms
Terms and Conditions for Website Design
Welcome to Blue Bottle Web Design ("we," "us," or "our"). By engaging with our website design services, you (the "Client") agree to the following terms and conditions. These terms govern the rights and responsibilities of both parties in connection with website design and related deliverables.
1. Scope of Work
We will provide the website design services as outlined in a Statement of Work ("SOW") agreed upon before the commencement of the project.
2. Intellectual Property Rights
2.1 Ownership of Pre-Existing Materials
All tools, libraries, frameworks, templates, or proprietary code used in our projects that existed prior to engagement remain our sole property. Clients are granted a non-exclusive, royalty-free license to use these materials solely for the purposes of the agreed deliverables.
2.2 Deliverables Ownership
Ownership of the final website design, content, and source files ("Deliverables") remains with Blue Bottle Web Design (BBWD) even if full payment is made unless an ownership transfer is explicitly agreed upon.
Website Replication, Distribution, and Backups
The Client must obtain prior written permission from Blue Bottle Web Design (BBWD) before replicating or distributing any websites created by BBWD to third parties. All websites developed by BBWD for the Client are authorized for single-use licensing only, unless otherwise agreed upon in writing.
BBWD retains a backup copy of the completed website within our client account, even if ownership has been transferred. This backup is maintained for record-keeping and emergency restoration purposes, and the Client agrees to this as part of our terms.
The Client is granted permission to create a single backup or copy of the website strictly for future development or archival purposes. Any duplication, replication, or sharing of BBWD's designs, frameworks, or proprietary code beyond the agreed scope, whether in part or in whole, is strictly prohibited without BBWD's prior written consent. If ownership transfer is requested, it will be handled according to the terms outlined in this agreement.
Websites hosted on the Wix platform will remain under BBWD’s client account, as we are Wix Partners. While the Client will have full access as a Co-Owner or Website Manager upon request, the site remains under our account. This ensures seamless delivery of services, ongoing maintenance, and administrative efficiency. By requesting us to create a website, the Client agrees to these terms.
BBWD will provide the Client with editor or admin-level access to manage and update the Website upon request. Access will be limited to ensure the security and integrity of BBWD’s account and associated projects. Admin-level access will allow the Client to make changes to the Website but will not grant ownership of the account or associated platform features.
2.3 Third-Party Materials
Any third-party materials (e.g., stock images, fonts, plugins) integrated into the website are subject to their respective licenses, which the Client agrees to comply with.
2.4 Credits and Attribution
BBWD reserves the right to include a credit such as “Website created by Blue Bottle Web Design” prominently displayed in the footer or another agreed-upon location on the Website.
As a condition of ownership transfer, the Client agrees to retain this credit intact. Removal or alteration of the credit is strictly prohibited without BBWD’s prior written consent. If the credit is removed, altered, or obscured without consent, BBWD reserves the right to charge a penalty fee of £250 or take legal action for breach of this Agreement.
3. Client Responsibilities
3.1 Content Submission
The Client agrees to provide all necessary content, images, and feedback promptly to ensure project timelines are met.
3.2 Copyright Compliance
The Client warrants that any materials provided to us (e.g., text, images, trademarks) do not infringe upon any third-party copyrights, trademarks, or other intellectual property rights.
4. Payment Terms
4.1 Fees and Payments
100% of any agreed invoice(s) is to be paid in full before commencement of any work, on receipt, by the due date. All invoices must be paid in full, regardless of whether the project has started, is in progress, or has been completed. This ensures full commitment to the agreed contractual terms and compensates BBWD for the allocated effort and resources.
Payment structures, including upfront, staged, or retainer-based payments, will be outlined in the agreed invoice and must be adhered to. The full fee for this contract is as stated on the agreed invoice. This is to be paid even if you decide not to continue once work has commenced, as this represents a set fee for a set contract.
There are no refunds or reimbursements. If you decide to withdraw for any reason once the work has commenced, the full fee as stated on the agreed invoice is still due. (This does not affect your statutory rights.)
4.2 Payment and Ownership Rights
Until full payment is made, all rights to the Deliverables remain with us. Late payments may result in delayed project timelines or suspension of work.
Upon receipt of payment for completed work, BBWD will provide access to the finalized website materials as outlined in this agreement. Ownership and all rights remain with BBWD even if full payment is made. The Client only receives full ownership rights if an ownership transfer is explicitly agreed upon in accordance with Section 9.
5. Revisions and Additional Work
5.1 Revisions
Our service is fully inclusive within reason, aiming to create the work to the client's satisfaction. However, this does not extend to unreasonable or excessive requests for changes beyond the agreed scope.
Additional revisions or significant changes beyond the agreed scope may incur additional fees. Additional charges will only apply if the agreement is changed in principle.
5.2 Scope Adjustments
Any changes to the agreed project scope must be documented and approved in writing. Additional costs and adjustments to timelines may apply.
6. Warranties and Limitations
6.1 Our Warranty
We warrant that the Deliverables are original works and do not infringe on third-party rights.
6.2 Client Indemnification
The Client agrees to indemnify and hold us harmless from any claims, damages, or legal actions arising from materials provided by the Client.
7. Portfolio Use
We reserve the right to display completed projects, including the Client's website, in our portfolio, promotional materials, and case studies unless a prior written agreement states otherwise.
8. Governing Law
These terms are governed by the laws of England and Wales. Any disputes shall be resolved in the courts of England and Wales.
9. Ownership Transfer
Ownership transfer, if requested, is subject to negotiation and may incur additional fees based on the complexity of the project:
-
Basic Website: £100-£200 (for simpler sites with minimal transfer requirements).
-
Intermediate Website: £200-£350 (for medium-sized sites with custom elements).
-
Advanced Website: £350-£500+ (for complex sites with heavy customization or e-commerce features).
Upon transfer of ownership, BBWD will no longer be responsible for hosting, maintenance, or account management. The Client assumes full responsibility for the website and its ongoing upkeep. Ownership transfer requires full payment of all outstanding invoices.
10. Acceptance of Terms
By accepting and paying any agreed invoice(s), the Client confirms their acceptance of these terms and conditions. This acknowledgment constitutes a binding agreement between the Client and Blue Bottle Web Design.