Please ensure that you read and understand these conditions.

1. The Contract: For the purposes of these terms and conditions any reference to ‘us’, ‘we’, ‘the Supplier’ or ‘Lucy Ma’ shall mean Lucy Ma (Sole Trader) and any reference to ‘the Client’, ‘the Customer’, ‘you’ shall mean the client named in the Quotation. The Quotation shall mean the design proposal for website design and web development services showing a specification of our services to you and the prices quoted for the services (“the Services”). The Site shall mean the Website I design and build for you pursuant to the Quotation, your instruction for work to commence shall be deemed a contractual agreement between You and Lucy Ma based on the Quotation and these terms and conditions. Approval for work to commence by written or verbal communication confirms your acceptance to these terms and conditions. Unless otherwise stated in the Quotation, Lucy Ma will provide the Services pursuant to the design quotation time plan.

2. Intellectual Copyright: Lucy Ma will hold intellectual copyright of any material, including any source code and/or original images created in the construction of your product and will remain so unless otherwise stated. All Intellectual Property Rights in the Site (including in the content of the Site and the Site Software except for content provided by the Client) arising in connection with this agreement shall be the property of Lucy Ma, and Lucy Ma hereby grants the Client a non-exclusive licence of such Intellectual Property Rights for the purpose of operating the Site. The Client shall indemnify Lucy Ma against all damages, losses and expenses arising as a result of any action or claim that the information or materials provided to Lucy Ma infringe the Intellectual Property Rights of a third party.

3. Site Content: Lucy Ma may update the Site with Materials provided from time to time by the Client. The Client shall ensure that the content provided to Lucy Ma does not infringe any applicable laws, regulations or third party rights (including material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (Inappropriate Content). Lucy Ma shall include only content received form the Client on the Site. The Client acknowledges that Lucy Ma has no control over any content placed on the Site by Visitors and does not purport to monitor the content of the Site. Lucy Ma reserves the right to remove content from the Site where it reasonably suspects such content is Inappropriate Content. Lucy Ma shall notify the Client promptly if it becomes aware of any allegation that any content on the Site may be Inappropriate Content. The Client shall indemnify Lucy Ma against all damages, losses and expenses arising as a result of any action or claim that the Materials constitute Inappropriate Content. Lucy Ma reserves the right to remove any Inappropriate Content from the Site. I may include the statement “Designed by Lucy Ma” on the home page of the Site.

4. Clients Responsibilities & Copyright: The Client acknowledges that Lucy Ma’s ability to provide the Services under this agreement is dependent upon the full and timely co-operation of the Client (which the Client agrees to provide), as well as the accuracy and completeness of any information and data the Client provides to Lucy Ma. Accordingly, the Client shall provide Lucy Ma with access to, and use of, all information, data and documentation reasonably required by Lucy Ma for the performance of its obligations under this agreement. The Client shall be responsible for the accuracy and completeness of the content on the Site in accordance with clause 2 and 3. Certain images provided by Lucy Ma in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The Client is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact Lucy Ma for clarification. It is also the Client’s responsibility to carry out any market research as to the viability and profitability of any project before accepting any quote. All domain names are offered subject to availability. Although Lucy Ma may check on behalf of a client, it is not the responsibility of Lucy Ma to check whether or not a particular domain is in existence or available for ownership.

5. Registration Charges: All additional third party costs arising from the registration of a domain name, hosting, software licenses or Ad space shall be met by the Client. This includes annual renewal fees of domain names and hosting packages (where applicable) generated through our recommended hosting service or otherwise.

6. Search Engine Optimisation/ Promotion: Lucy Ma is not responsible for the Client’s on-going web site promotion. While your site will be optimised for search engines and traffic can be monitered, Lucy Ma is unable to make any guarantees about the success of any search engine promotion activity under these terms.

7. Cancellation: Should you wish to cancel within 28 days of instructing Lucy Ma you shall remain liable for the work that has taken place or 50% of the final price (whichever is the higher of the two) and shall be invoiced accordingly SAVE THAT for cancellation after 28 days the full contract price will be due and payable. No partial refunds will be given for hosting, domain name registration, or licenses.

8. Providing Content: Lucy Ma asks that you provide ALL required information in advance pursuant to clause 4 so that your site can be planned and completed efficiently. If you agree to provide the required information and subsequently fail to do so within 6 weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Any content should be delivered in common document format such as Microsoft Word (.doc) files or .PDF for documents and .JPG, .PNG, .PSD etc for images

9. Design & Concept: For all websites, a couple of opportunities to comment on the design and progress of the website will be offered, where changes can be requested. The client is strongly encouraged to provide the preferred colour scheme, design requirements and any requests for changes early on. It is also helpful to provide links to other website(s) that demonstrate similar design styles or concepts.  If the Client fails to provide these details or requests to totally redesign the website towards the end of the project, additional charges may be required. Lucy Ma will initially place the Client’s website on a demonstration server in order for any comments or suggestions to be made.

10. Quotations: The price quoted to the Client is for the work agreed in the Quotation only. Should the Client decide that significant changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated. Lucy Ma will communicate with the Client regarding any additional charges before proceeding. 

11. Project Timeframes: Lucy Ma will provide an estimate of website completion at the beginning of the project. These estimates are dependent upon timely communication, delivery of media and information by The client and can also change depending on design changed and workload. 

12. Payment Terms: 40 % of the total payment is required before the design process begins, the rest of the payment will be made on completion of the project. Once full payment has been made, Lucy Ma will transfer ownership of the website to The client. Payment can be made via bank transfer or Paypal.  

13. Publication: Full publication of web pages/updates/ components will only take place once full payment has been received. Any material previously published on the demonstration test site will also be removed if payment is not received.

14. Future Support: The website is provided to and accepted by the Client as a fully functioning, completed work. Lucy Ma is not responsible for future support. This support can normally be provided upon request at an  additional fee. Updates will operate on a ‘pay-as-you-go’ basis depending on the task required. 

15. Future Issues: Unfortunately, malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website and Lucy Ma will endeavour to protect it from this as much as we can during its creation. Lucy Ma cannot be held responsible for problems that develop on completed sites as a result of illegal activity. Lucy Ma cannot accept any loss or change in functionality or data stored on, or dependant on 3rd party platforms, plugins or software such as Facebook, Youtube or Twitter. Lucy Ma cannot guarantee 3rd party services will not change or be removed without notice. It is the client’s responsibility to take regular backups and ensure software and plugins are kept up to date.

16. Limitation of Remedies and Liability: Nothing in this agreement shall operate to exclude or limit either party’s liability for death or personal injury caused by its negligence; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or fraud or any other liability which cannot be excluded or limited under applicable law. Neither party shall be liable under or in connection with this Agreement or any collateral contract for any: loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss, in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise. Subject to the above, each party’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the contract price as detailed in the quotation.

17. Browser Compatibility: Web-based products will be tested on the current versions of Chrome, Internet Explorer, Firefox and Safari at the time of production and not on previous or subsequent versions or variation unless otherwise stated or requested. Lucy Ma cannot guarantee a project to be future-proof and will not be held responsible for problems that may develop for any subsequent versions or variations of these browsers, or any new browsers which may emerge. Additional support and testing for other platforms and environments may be available upon request.

18. Compliance with Ecommerce, Accessibility and Other Regulations: Websites are designed in accordance with the Client’s specifications. It is the Client’s responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. In any business where complex compliance issues exist we recommend that the Client takes legal advice from their company lawyer.

19. No Additional Warranties: Other than as stated in these terms and conditions, Lucy Ma makes no warranties of any kind, expressed or implied for services provided. Whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Lucy Ma cannot guarantee to be able to replace lost data. Lucy Ma will reserve the right to alter any of the above terms and conditions at any time. Should Lucy Ma waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Lucy Ma to waive the same clause on any other occasion.