Terms of Business

Please read these terms of business carefully. Acceptance of an estimate or written agreement for work to proceed act as confirmation that you have read and agree to these terms of business. Thank you.

Payment Terms

Projects require an up-front payment of up to 50% with the balance due upon final sign-off. Invoices are payable within 14 days from the invoice date.

In the event of project cancellation, any billed work, up to 50% of the total project cost as initially invoiced, remains due and payable. Written notice is required for project cancellation.

Additional work is charged at a standard hourly rate, available upon request. Discounts are offered to Charities, CICs, and NFPs.

Copyright and Ownership

Copyright of materials created by Fork remains with Fork until fully paid by the client.

Post full payment, the client acquires copyright on all completed work.

Unused proposals from Fork remain Fork’s property.

Fork holds the right to use completed work for promotional purposes.

Estimates

Estimates remain valid for 14 days; re-estimations may alter the price if the scope changes.

Additional charges for scope creep or specification changes apply at the standard hourly rate.

In engaging with Fork, you confirm that you have permission to represent your business and act as the decision-maker for key business decisions and signing off estimates, specifications and invoices.

Project Scope and Specification

Clients are to confirm that the provided briefs or scope documents align with their expectations.

In the absence of a provided brief or scope, Fork may prepare and charge for a suitable document.

Additional charges for features or changes due to insufficient definition in scope or specification documents may apply.

Provision of Materials

Clients are to provide or indicate the location of necessary materials for the project.

Additional charges at Fork’s standard hourly rate may apply for delays or errors due to insufficient or unsuitable materials provided by the client.

Hosting and Email

Using a website host other than those recommended by Fork may incur additional charges.

Maintenance of the CMS, associated plug-ins, and security patches are the client’s responsibility unless a maintenance agreement is in place.

While Fork can recommend email hosting options, email service maintenance or configuration is not Fork’s responsibility unless agreed in writing.

Website Visuals

Once visuals are agreed upon and Fork is instructed to proceed to build, any subsequent design changes will incur charges at the standard hourly rate.

Visuals are provided on-screen, typically through services like Figma.

Retainers

A three-month rolling retainer agreement offers discounted hourly rates, terminable with three months’ written notice.

Fork will log time for each task carried out. If the client goes over the allocated retainer time, they will be charge a the standard hourly rate for each additional 30-minute block of time used.

If the client does not use their allocated retainer time for the month, it cannot be carried over.

If no work is briefed in for Fork to carry out, the monthly retainer fee still stands and is not refundable.

Sweat Equity and Right of Withdrawal

In some cases, Fork may agree to provide services in exchange for equity in the client’s venture (“Sweat Equity”). The terms of such an agreement, include equity percentage, service valuation, and vesting conditions. The outline of Sweat Equity terms are as follows.

Equity Agreement: The equity percentage, service valuation, and vesting conditions will be mutually agreed upon between Fork and the client.

Business Objectives and Forecasts: Clients must provide clear business objectives and forecasts, including business plans, financial projections, and market analysis to enable Fork to make an informed decision regarding the Sweat Equity arrangement.

Right to Withdraw: Fork reserves the right to withdraw or terminate the Sweat Equity offer under the following conditions:

  • Lack of clear business objectives and forecasts from the client.
  • Significant deviation from the initially presented objectives and forecasts without a valid reason.
  • Any other conditions or circumstances that, in Fork’s sole discretion, render the Sweat Equity arrangement unviable or non-beneficial.

Consequences of Withdrawal

  • Work completed up to the withdrawal point will be invoiced to the client at Fork’s standard hourly rate unless otherwise agreed.
  • The client will not owe any equity to Fork for completed work but must settle the invoice as per the general payment terms.
  • Any prior agreements regarding Sweat Equity become null and void.

Review and Re-negotiation

  • Both parties agree to periodically review the Sweat Equity arrangement. Either party can propose changes based on the venture’s performance, market conditions, or other factors. Any changes to the Sweat Equity arrangement must be mutually agreed upon in writing.

Content Management Systems

Clients are responsible for content maintenance on their content-managed website, with Fork not liable for content loss or site downtime related to client-made changes.

Workflows and Data Protection

Workflow creation is based on client-provided information, with Fork not liable for issues post-acceptance.

Client data is securely stored during the project, with data transfers through recommended services being the client’s responsibility post-launch.

“Snagging”

Post-web project completion, clients have 5 working days to provide feedback on potential oversights, classified accordingly for correction or change control (chargeable at the standard hourly rate).

The “snags” will be classified as:

  • For correction: Missing or incomplete items agreed upon and signed off during the specification and design stage. These will be corrected, and the client can review the changes. No additional charges apply.
  • Change control: The “snag” is deemed a design or functionality change, and an estimate will be provided for the necessary changes.

Late Payments

Late payment charges of 8% plus a £30 administration fee apply after 45 days.

Consequential and Financial Loss

Fork holds no liability for consequential, third-party, or financial losses arising from delivery delays or provided products/services.

This revision aims to provide a clear, organized, and comprehensive outline of the business terms for both parties involved.

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