Terms of business

Who you're dealing with

SourceCode is the trading name of Wayne Tomlinson, a self-employed web developer (autónomo) registered in Spain. NIE Y6523555X, VAT number ESY6523555X, Partida Benicolada 1-N, 03710 Calpe (Alicante), Spain. Email hello@sourcecode.es.

"I" and "me" means SourceCode. "You" means the business, organisation or person the quote is addressed to.

Quotes and what's included

Before any work starts you get a written quote with a fixed price and a description of what's included. The price doesn't change unless you ask for something the quote doesn't cover. A quote is valid for 30 days.

Every new website includes a contact form, a WhatsApp button, the setup Google needs to find you, and the first year of hosting with your web address. If you already have your own web address or hosting, the price of the website stays the same. Anything else is listed in the quote or priced separately before I do it.

Prices exclude IVA. IVA is added at 21% for customers in Spain, and businesses and self-employed customers in Spain withhold 15% IRPF and pay it to Hacienda. EU businesses with a valid VAT number, and businesses and organisations outside the EU, are not charged Spanish IVA. Invoices can be in euros or another currency, converted at the exchange rate on the day the invoice is raised.

Paying for a project

1. 30% up front to book your slot and start the work. This is not a deposit: it pays for the planning, setup and time set aside for your project, so it isn't refunded if you cancel.
2. The rest when the work is finished, once you've reviewed it on a private link. Larger projects can be split into stages, each paid as it's completed; the quote will say if so.
3. Then the site goes live and I hand over every login.

Invoices are due within 14 days unless the quote says otherwise. You can pay by bank transfer or card. The site goes live once the final invoice is paid in full.

What I need from you

You provide the words, photos, logo and any other content for the site, and you confirm you have the right to use them. I can write the words for you if you'd rather, quoted separately before I start. You're responsible for what your content says, including your own prices, claims and legal information.

Timings in a quote assume you send content and feedback promptly. If a project waits on you for more than 60 days, I may close it, invoice the work done so far, and quote to restart it later.

Changes

Comments and adjustments while the site is being built are expected and included, as long as they stay within what the quote describes. Anything beyond that, such as new pages, new features or a change of direction, is quoted first at €50 an hour or as a fixed price. Nothing extra is billed without your agreement.

Launch, handover and ownership

When the final invoice is paid, I put the site live and hand over every login: the site, the hosting account and the web address. From then on the site, its design and your content belong to you.

I keep the right to reuse my own general tools, code and know-how on other projects, but never your content or anything specific to your business. Third-party items such as fonts, images or software are covered by their own licences, which I'll tell you about if they apply. Unless you ask me not to, I may list the site in my portfolio.

Fixes after launch

For 2 weeks after launch, I fix anything that doesn't work as it should, free of charge. This covers faults, not new wording or design changes, which are quoted as above. After that, fixes and changes are covered by a care plan or quoted at €50 an hour.

I can't guarantee search rankings, enquiries or sales, and nobody honestly can.

Hosting and your web address

The first year of hosting comes with a new site. After that it's €100 a year plus IVA with your web address included, or €12 a month plus IVA with the web address paid separately (usually about €10 a year, depending on the name). Hosting renews automatically each year or month until you cancel.

Your web address is registered in your name. If a hosting invoice goes unpaid after reminders, I may suspend the site until it's paid, but the web address stays yours and I'll help you move it if you ask. You're free to host the site anywhere you like instead.

Sites I host are kept in the EU, backed up daily or weekly depending on how often they change, and each backup is checked for corruption when it's taken.

Monthly looking-after

Care plans are optional and run month to month:

• Essentials, €65 a month or €650 a year: 30 minutes of small changes a month, response next working day.
• Business, €120 a month or €1,200 a year: 1 hour of small changes a month, response same working day.
• Commerce, €220 a month or €2,200 a year: 2 hours of small changes a month, response within 4 working hours, plus out of hours if the site or checkout goes down.

Unused change time doesn't carry over. Work beyond the allowance is quoted first at €50 an hour. Response times are for working days, Monday to Friday, Spanish time, except where a plan says otherwise.

You can stop a monthly plan at any time; it ends at the close of the month you've paid for. A plan paid yearly runs for the year paid and isn't refunded for unused months.

Cancelling

If you cancel a project, the upfront payment isn't refunded. If more work has been done than that payment covers, I'll invoice the extra at €50 an hour. You receive everything finished up to that point once it's paid for.

If I can't complete a project, I'll refund anything you've paid for work not yet done, and hand over everything done so far.

If you're a private individual and agreed to the work entirely online, by email or by phone, you have the right to cancel within 14 days without giving a reason. If you ask me to start within those 14 days, you'll pay for the work done up to the point you cancel, and you lose the right to cancel once the work is complete. This doesn't apply to businesses.

Your data

Data on the sites I build and host is kept in the EU, and sensitive details such as passwords are stored encrypted. Where I handle personal data on your behalf, for example messages people send through your site's contact form, I do so only to run and look after your site, under your instructions, and I keep it confidential.

I may bring in trusted developers to help with a project or cover when I'm not available. They're bound by the same confidentiality, and I remain responsible for their work. How I handle the personal data of people who contact me is in the privacy policy.

Confidentiality

Anything you share with me about your business stays confidential, during the project and after it. If you need a separate confidentiality agreement, I'll sign one.

What I'm responsible for

I do the work with reasonable skill and care. My total responsibility for any claim is limited to what you've paid me in the 12 months before it, and I'm not responsible for indirect losses such as lost profits or lost business. Nothing here limits responsibility that the law doesn't allow to be limited, or your rights as a consumer.

I'm not responsible for problems caused by third parties outside my control, such as a payment provider, a social network or a hosting company you chose, or by changes someone else makes to the site.

Disagreements and the law

If something goes wrong, tell me first and I'll do my best to put it right. These terms are governed by Spanish law. Disputes with businesses go to the courts of Alicante. If you're a consumer, you keep any right to bring a claim in the courts where you live.

These terms are written in English. If a translation of this page differs, the English version applies.