Sites by Panda by AutomatedPanda

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Terms

The terms for using this site, and how a website project with me is agreed, paid for and handed over.

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Who you're dealing with

Sites by Panda is a service of AutomatedPanda, which is James Graham trading as AutomatedPanda, a one-person studio and not a registered company. When you work with me, you're working with me personally, and I do the work myself rather than passing it to anyone else.

Using this site

Read it, share it, link to it. What you can't do is copy it wholesale and pass it off as your own, scrape it to train a model, or try to get into the parts that aren't public.

The writing, design and code of this site are mine. Fade & Co. is a made-up business I use as a concept demo, not a real shop or a client. The photos in the builder's previews are stock photos used under their own licence.

What the site doesn't promise

Prices on this site are starting prices, not quotes, and any estimate you put together on it is an estimate. Nothing on the site is an offer you can accept. A project is agreed in writing, as clause 5 sets out.

The first 5 clients get founding prices (Starter from $999, Business from $1,999). Once those places are gone, the regular prices apply (Starter from $1,499, Business from $2,999). The price you pay is the one in your written quote, whichever applies when it's agreed.

Enquiries

Sending the enquiry form commits you to nothing. It comes to me, and I usually reply within 24 hours. It's not a contract and not a quote.

What you write is stored, so please keep anything really confidential for a call. I'll sign an NDA before you get into specifics if you'd like one. How that information is handled.

How a project usually works

In short, these are the terms a website project normally runs on. Anything different is agreed in writing first, and whatever you and I sign for your project governs it, not this page.

  • A fixed price against a written scope, agreed before I start.
  • 50% to start, and the other 50% when the site's finished.
  • 3 rounds of changes on the design, and 3 on the build.
  • Starter usually takes 1 to 3 weeks, Business 2 to 4 weeks. Online shops get a timeline agreed with the quote.
  • You supply the words, photos, logo and brand materials, unless copywriting or logo design is part of the quote.
  • The site is set up in your own accounts (hosting, domain and the services it uses), so it's yours to run.
  • On full payment, you own the finished site, with the exclusions in clause 8.

Scope, changes and bugs

A quote covers the scope agreed at the start, including the rounds of changes it lists. New pages, new features, changes beyond those rounds, and changes to something already agreed and delivered are new work. I'll quote them before I start, not after.

A bug is different. If something doesn't work the way it was agreed it would, I fix it at no charge while the project's running, and for 14 days after handover. Wanting it to work differently once it already works as agreed is a change, not a bug. That's the thing most worth being clear about early, and it's why the scope goes in writing.

Payment

Half the price is paid up front, before work starts, and the other half when the site's finished. The finished site, its code and access to it are handed over once that second payment clears.

If an invoice is more than 7 days overdue, I may pause work until it's settled. Where it applies, I can claim statutory interest and recovery costs on late business payments.

If a project is stopped part way through, the work done up to that point is payable.

Who owns what

Your site

Once the project has been paid for in full, you own the finished website and the code written specifically for it. What transfers, and what doesn't, is set out in your quote or project agreement.

What doesn't transfer

Some things in your site aren't mine to give away, or are things I use on every project. Those are excluded from the transfer, and you get the right to use them as part of your site:

  • Tools, templates and reusable components I had before your project, or build to use across projects, and improvements I make to them. They stay mine.
  • Open-source and other third-party code, which stays under its own licence.
  • Fonts, stock photos and other licensed material, which stay under their own licences. Some of those licences have their own conditions, and I'll tell you if any apply.

Your business and your content

Your business information, your customers' information, your branding and the content you give me stay yours. Working on your site doesn't give me any right to them, or to reuse anything confidential outside your project.

After handover

For 14 days after handover I fix bugs at no charge, as clause 6 says. After that, changes and upkeep go through the care plan, or are paid for as one-offs.

Hosting is yours to run, in your own accounts, and you pay the host directly. I hand over the access and the notes you or another developer would need to keep the site going.

Small changes for a site that isn't on the care plan are $45 each, for anything up to about half an hour. Bigger jobs I'll quote first.

The care plan

The care plan is optional and costs $99 a month. It includes:

  • Up to 1 hour of small edits a month (text, photos, prices, opening hours, team).
  • Framework and security updates.
  • Uptime monitoring.
  • A monthly check that your forms and booking still work.
  • Replies within 2 working days.

It doesn't include:

  • New pages or features.
  • Redesigns or new integrations.
  • Anything over the hour, which I'll quote first.

Unused time doesn't roll over. Cancel any time.

Anything that matters goes in writing

Before work starts, the quote or project agreement sets out the scope, the price, the payment stages and what you own at the end. Changes to the scope or the price are agreed in writing before they take effect. A message confirming something is usually enough for day-to-day decisions, but some things, like transferring copyright, need a signed document.

Updates to this page don't change an agreement that already exists, unless you and I both agree to it.

This works both ways. I can't be held to something I didn't agree to, and you can hold me to what I did. Things said on a call are easy to remember differently six months later, so I put what matters in writing and I'll ask you to do the same.

Confidentiality and your data

What you tell me about your business, and anything I'm given access to so I can build your site, I keep confidential and use only for your project. That holds whether or not there's an NDA, and it carries on after the project ends.

If your site handles personal data about your customers (through a contact form or booking, for example), I only handle it as far as the work needs, and I'll sign the written terms UK data protection law requires where I'm handling it on your behalf. How this site handles your information is a separate thing, covered in the privacy policy.

Liability

Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow to be limited.

Beyond that, and for this site itself: it's provided as it is. I keep it accurate and running, but I don't guarantee either, and I'm not liable for losses from relying on it. Liability for a project is set by that project's own agreement, not by this page.

Law

These terms are governed by the law of England and Wales, and its courts have jurisdiction over any dispute about them.

Questions

If anything here is unclear or looks wrong for what you're after, say so before the project starts rather than after. Email hello@sitesbypanda.com. Sorting out scope in advance is a lot cheaper than sorting it out later.