First Time Business!
- Thread starter Inspired Worx
- Start date
First and foremost is to have a solid set of terms and conditions and a process that fully binds your clients to them before you do any work for them.
They need to cover issues such as :-
* registration of client domain names (retention in your name until payment in full)
* intellectual property rights (IPR) in the designs and content - covering both your rights and rights of others and retention until payment provision
* payment triggers
* provisions for design approval
* provision for incorporating changes to design
* dispute resolution - including agree to mediation first
* IPR in third party software
* limitation of your liability
* restrictions on CMS content uploaded by clients
You also should ensure you understand about image rights (especially potential exposure if using client presented images)
Do not copy from other developers - firtsly because you will be breaching someone's copyright and also because they are unlikley to be a correct fit and may omit items to protect you. Also its vital you understand each term
I have a template I can tailor for you (with explanations of each term)
They need to cover issues such as :-
* registration of client domain names (retention in your name until payment in full)
* intellectual property rights (IPR) in the designs and content - covering both your rights and rights of others and retention until payment provision
* payment triggers
* provisions for design approval
* provision for incorporating changes to design
* dispute resolution - including agree to mediation first
* IPR in third party software
* limitation of your liability
* restrictions on CMS content uploaded by clients
You also should ensure you understand about image rights (especially potential exposure if using client presented images)
Do not copy from other developers - firtsly because you will be breaching someone's copyright and also because they are unlikley to be a correct fit and may omit items to protect you. Also its vital you understand each term
I have a template I can tailor for you (with explanations of each term)
Last edited:
Upvote
0
S
saxondale
incomplete contact details and no indication of trading status, i gave up looking by that stage.
Upvote
0
S
saxondale
what address did you use when you incorporated?
you also have a complete spare page after your terms
Last edited by a moderator:
Upvote
0
Hi IW.
The advice from The Dispute Resolver was sound, good advice. However, the first question that I would ask is What have you done so far? Unless anyone knows this, you cant really answer your initial question.
Useful observation you may want to consider:-
The web site itself is great looking and very professional. If I can make a suggestion Ask your self what makes you different from any other design company
I checked the view source and it seems that you have covered everything on keywords, title, description etc however, if I was a customer and I came onto your website, I would be looking for something that catches my attention immediately.
What Im saying, is that, I would be looking for the PRICE. I believe for your kind of company, this needs to be on the home page. Maybe a before and after page as the second page. The price would either hook me or make me move on.
The actual home page looks good, but, there is a problem. When I went onto the home page, because the main picture took up my whole screen I moved onto the next page. I then eventually came back to the home page and only then did I scroll down. The reason, I scrolled down was because I thought I was going to see an address or something along those lines and to my amazement I found all the other stuff starting from Hello there ..
Its just an opinion, but you may want to reconsider relooking at this. I am talking from a totally unbiased point of view and was looking at your site in much more detail then a client would have.
A suggestion is look at the person who designed our website at propages.co.uk. My companies website addresses are : publicadvice.co.uk or wetherbys.net.
To answer your original question, basically, it is as simple as register with HMRC and start. If you intend to employ people, then you must be careful to do this properly.
I havent checked, but, I assume you have registered on all the free online directories. The standard ones I assume you are already one are the ones such as yell.com, smallbusinessdirectory, freeindex, hotfrog, qype, scoot etc. The next one is very important as it will get up on the front page of google CYLEX. If you havent registered get yourself on these asap. If they phone you to upgrade you, just be polite and decline there offer and say that at this stage as you are just setting up and cant afford to upgrade.
I hope this information helps. If you did find any of this useful, please let me know and if you need any further help, please do not hesitate to write. There are lots of people here that will kindly give you some great advice and not look for anything in return. Obviously, business IS always appreciated! Lol.
Good luck
Public Advice - Josh
The advice from The Dispute Resolver was sound, good advice. However, the first question that I would ask is What have you done so far? Unless anyone knows this, you cant really answer your initial question.
Useful observation you may want to consider:-
The web site itself is great looking and very professional. If I can make a suggestion Ask your self what makes you different from any other design company
I checked the view source and it seems that you have covered everything on keywords, title, description etc however, if I was a customer and I came onto your website, I would be looking for something that catches my attention immediately.
What Im saying, is that, I would be looking for the PRICE. I believe for your kind of company, this needs to be on the home page. Maybe a before and after page as the second page. The price would either hook me or make me move on.
The actual home page looks good, but, there is a problem. When I went onto the home page, because the main picture took up my whole screen I moved onto the next page. I then eventually came back to the home page and only then did I scroll down. The reason, I scrolled down was because I thought I was going to see an address or something along those lines and to my amazement I found all the other stuff starting from Hello there ..
Its just an opinion, but you may want to reconsider relooking at this. I am talking from a totally unbiased point of view and was looking at your site in much more detail then a client would have.
A suggestion is look at the person who designed our website at propages.co.uk. My companies website addresses are : publicadvice.co.uk or wetherbys.net.
To answer your original question, basically, it is as simple as register with HMRC and start. If you intend to employ people, then you must be careful to do this properly.
I havent checked, but, I assume you have registered on all the free online directories. The standard ones I assume you are already one are the ones such as yell.com, smallbusinessdirectory, freeindex, hotfrog, qype, scoot etc. The next one is very important as it will get up on the front page of google CYLEX. If you havent registered get yourself on these asap. If they phone you to upgrade you, just be polite and decline there offer and say that at this stage as you are just setting up and cant afford to upgrade.
I hope this information helps. If you did find any of this useful, please let me know and if you need any further help, please do not hesitate to write. There are lots of people here that will kindly give you some great advice and not look for anything in return. Obviously, business IS always appreciated! Lol.
Good luck
Public Advice - Josh
Upvote
0
S
saxondale
do you realise once you`ve clicked a link you cannot click a link back?
and once again - trading status?
Upvote
0
I have just taken a look at your website and see that you have a set of T&Cs.
These look self-written and, with respect, show it. They are wholly inadequate. So many basic issues not covered, eg jurisdiction clause tpo require UK law and courts - you say you do work worldwide and refer to an Australia client which would mean that you coud be sued in an Australian court if the client was unhappy (or any other country).
The terms do not provide a process for identifying a firmly agreed and detailed proposal - its all very loose (eg your terms refer to designing in accordance with a website the client refers you to as an 'excample') . Most development disputes arise from lack of clear agreement over the detail of what is to be built. Your terms have no indemnity from the client for any losses you suffer in the event he uses images or content owned by others without permission. A very damaging clause is your copyright clause which suggest you have, and agree to give the client ownership of, source code but much of this will be not yours to give eg third party and creative commons software . You may have intended to limit this to sofware you create but the grammar used limits the self-created to images.
I note that you also give the client the ability to walk away after you have done all the work and never have to pay you a penny. Thsi is because you say that you will only invoice once the client expresses satisfaction with the site.
Your website exposes you to the offence of claiming, in the privacy policy, to be incorporated (ie a registered company) in when you are not. I say 'not' because there is no company called 'Inspired Worx'. If you trade under another limited company name then you are in bresch of the Companies Trading Disclosure Regulations 2008 in not declaring the name, registered office, registration number and country of incorporation. If you are not trading as a company then, apart from the offence of claiming you are when you are not, you are in breach of the Electronic Commerce (EC Directive) Regulations 2002 in not identifying who you are (the trading name is not enough) nor giving a geographic address.
A web developer needs to really know the law on website content if he is to seek payment to design sites for others who may be prejudiced by unlawful sites.
I note that the site you did for your skateboard clienst sells items without requiring the customers to agree to any terms and conditions. Apart from exposing them to wider liablities than might otherwise be the case (eg committed to selling items that have been mispriced in error) you have put your clienst in breach of the Consumer Protecton (Distance Selling) Regulations. This also means their customers may have much longer to return goods than otherwise would have been the case (and even if they are not faulty).
The next step to take is get to learn the law on website content
These look self-written and, with respect, show it. They are wholly inadequate. So many basic issues not covered, eg jurisdiction clause tpo require UK law and courts - you say you do work worldwide and refer to an Australia client which would mean that you coud be sued in an Australian court if the client was unhappy (or any other country).
The terms do not provide a process for identifying a firmly agreed and detailed proposal - its all very loose (eg your terms refer to designing in accordance with a website the client refers you to as an 'excample') . Most development disputes arise from lack of clear agreement over the detail of what is to be built. Your terms have no indemnity from the client for any losses you suffer in the event he uses images or content owned by others without permission. A very damaging clause is your copyright clause which suggest you have, and agree to give the client ownership of, source code but much of this will be not yours to give eg third party and creative commons software . You may have intended to limit this to sofware you create but the grammar used limits the self-created to images.
I note that you also give the client the ability to walk away after you have done all the work and never have to pay you a penny. Thsi is because you say that you will only invoice once the client expresses satisfaction with the site.
Your website exposes you to the offence of claiming, in the privacy policy, to be incorporated (ie a registered company) in when you are not. I say 'not' because there is no company called 'Inspired Worx'. If you trade under another limited company name then you are in bresch of the Companies Trading Disclosure Regulations 2008 in not declaring the name, registered office, registration number and country of incorporation. If you are not trading as a company then, apart from the offence of claiming you are when you are not, you are in breach of the Electronic Commerce (EC Directive) Regulations 2002 in not identifying who you are (the trading name is not enough) nor giving a geographic address.
A web developer needs to really know the law on website content if he is to seek payment to design sites for others who may be prejudiced by unlawful sites.
I note that the site you did for your skateboard clienst sells items without requiring the customers to agree to any terms and conditions. Apart from exposing them to wider liablities than might otherwise be the case (eg committed to selling items that have been mispriced in error) you have put your clienst in breach of the Consumer Protecton (Distance Selling) Regulations. This also means their customers may have much longer to return goods than otherwise would have been the case (and even if they are not faulty).
The next step to take is get to learn the law on website content
Upvote
0
Please don't be offended by all the criticism. To be fair you do say this is your first step in business and you have done the right thing by coming here and asking for help.
There is incidentally a separate section on rating new websites so I suggest you ask there for further comment.
You are welcome to call me to chat through the t&cs and generally. I can provide a ful set of t&cs for you if you wish
As to the web legals, what I do for other developers is check through the legals on the sites they develop for their clients as a valued added service to their clients to give them an edge on competitors who prefer to leave it to the clients.
There is incidentally a separate section on rating new websites so I suggest you ask there for further comment.
You are welcome to call me to chat through the t&cs and generally. I can provide a ful set of t&cs for you if you wish
As to the web legals, what I do for other developers is check through the legals on the sites they develop for their clients as a valued added service to their clients to give them an edge on competitors who prefer to leave it to the clients.
Last edited:
Upvote
0
- Original Poster
- #13
I came here to look for advice, constructive criticism even.
Like I said in my first post. I am new to this and am setting up with HMRC today and have asked for advice on that. So far I have received some great advice but you seem to be replying with a slight attitude. If you have no constructive criticism or help, then please don't reply again.
If you would like to help a newbie out tho, it would be much appreciated.
Thanks to everyone else who has responded. Your advice has been taken on board and I will be acting on it asap. Including the homepage advice etc.
Thanks
Upvote
0
S
saxondale
yeah, yeah - same old "attitude, attitude" yak yak.
truth hurts, everytime. Ignore the legal requirments for whatever "project" your undertaking, talk yourself up to be bigger than you are and then whine when someone takes you to task.
constructive advice - navigate your way to the business link website and start reading.
how many more times are we going to see a "webdesigner" around here who cannot even get his own site to comply?
Upvote
0
M
MrMichael
I personally wouldn't say that it's a web designer's responsibility for ensuring their client complies with the relevant legal requirements so whilst some will add value by having the ability to advise clients on compliance, it won't always be the case.
Web designers/programmers skills like it writing code and creating aesthetically pleasing layouts for websites, not in advising on legal compliance.
I don't understand the tone of your posts Saxondale, the OP has come here for advice and yet your posts seem to belittle them.
Web designers/programmers skills like it writing code and creating aesthetically pleasing layouts for websites, not in advising on legal compliance.
I don't understand the tone of your posts Saxondale, the OP has come here for advice and yet your posts seem to belittle them.
Upvote
0
S
saxondale
not clients, the designers own site ........tone, there is no tone, it`s written words - read it how you want.
get it wrong however and it`s going to cost a lot more than "hurt feelings"
Upvote
0
M
MrMichael
In my experience the vast majority of sites out there will not be compliant with the legal requirements for their websites, or have a decent set of terms and conditions. At least the OP has come on here asking for assistance with their business!
If the OP had a perfectly compliant website and was aware of all requirements in relation to starting a business, the OP wouldn't be on here in the first place.
If the OP had a perfectly compliant website and was aware of all requirements in relation to starting a business, the OP wouldn't be on here in the first place.
Upvote
0
S
saxondale
if, and i mean if the OP was selling grit bins (apologies Adrian) then you may have a point, they are not - they are selling website design but don`t know the legal information to be show on a website.
Upvote
0
Maybe not on the site - but the blog has his whole resume with address, more than most people I would say - nothing is being hidden - the reverse in fact.
Love your work, and I wish you well, there will be more people who can tell you the legal ins and outs - I can only comment on what my eyes can see, and what I see, I like.
Good Luck
Poppy xx
Upvote
0
If only everyone was perfect hey - then we could do away with sites like this!
We only learn by asking, is there any need to be so rude
We get some real dudes on here - who say they can design websites, when in fact they could not design a 'way out' sign! This person can design, and just needs some help getting the terms and conditions right, why slap someone in the face for asking.
Poppy xx
We only learn by asking, is there any need to be so rude
We get some real dudes on here - who say they can design websites, when in fact they could not design a 'way out' sign! This person can design, and just needs some help getting the terms and conditions right, why slap someone in the face for asking.
Poppy xx
Upvote
0
S
saxondale
If only everyone was perfect hey - then we could do away with sites like this!
We only learn by asking, is there any need to be so rude
We get some real dudes on here - who say they can design websites, when in fact they could not design a 'way out' sign! This person can design, and just needs some help getting the terms and conditions right, why slap someone in the face for asking.
Poppy xx
thats not rude, two of us are both saying this is wrong.
you learn by finding out, not by asking -where do we stop then?
how about I sell you an alarm that isn`t proggramed to work, would look good mind?
hows about the garage servicing your car not having insurance to take it on a test drive?
hows about the nursery where you drop your kids off not CRB`ing all staff?
hows about that IFA not having a liscense?
hows about that intersting "stuff" you bought of the internet doesnt "allow" seven day returns?
businesses have to comply with hundreds of rules, whever they like them or not.
the kids taking money designing websites and can`t even get his correct.
Upvote
0
Hi again Homer
I was thinking last night about how you could grow your business very quickly.
I made some suggestions before on SEOs, but have you considered working on estate agents. There are a lots and lots of estate/ letting agents who have absolutely awful websites.
The fact they have to portray a professional image etc If the price was correct, Im sure you could make ongoing money here. The reason I say ongoing money, is because of the servicing element. Once built up, you know you will have a steady stream of monthly income even if you did no work that month.
I have various businesses and one of them is an estate agency. You can see it on wetherbys.net
I can give you ideas and tips on how you can potentially create and sell your services to lots of other estate / letting agents.
Call me if you want to discuss further.
Thanks
Public Advice - Josh
I was thinking last night about how you could grow your business very quickly.
I made some suggestions before on SEOs, but have you considered working on estate agents. There are a lots and lots of estate/ letting agents who have absolutely awful websites.
The fact they have to portray a professional image etc If the price was correct, Im sure you could make ongoing money here. The reason I say ongoing money, is because of the servicing element. Once built up, you know you will have a steady stream of monthly income even if you did no work that month.
I have various businesses and one of them is an estate agency. You can see it on wetherbys.net
I can give you ideas and tips on how you can potentially create and sell your services to lots of other estate / letting agents.
Call me if you want to discuss further.
Thanks
Public Advice - Josh
Upvote
0
Hello Inspired Worx,
A few things to consider when starting up a business - Is there any particular market sector that you are going to be targeting? If so, have you thought about how you are going to reach them? What's your background and experience? What makes your services different from the other design company's? If you can answer those fully and completely and then apply the answers you'll be going in the right direction (and be a better man than me!)
From an insurance point of view ( I work for a business insurance broker ) a key cover for your trade is professional indemnity (PI). This covers you against errors, omissions or neglect relating to advice, designs or plans that you put forward that leads to a financial loss or injury on your clients part. So - in the real world - if you design some functionality into your clients website that is flawed and leads to them losing money - PI kicks in and protects you. Another cover is Public Liability which covers you against physical damage or injury you may cause during the course of your work.
If you have any queries or questions please feel free to contact me via http://ow.ly/3BawS
Kind Regards
Tim
A few things to consider when starting up a business - Is there any particular market sector that you are going to be targeting? If so, have you thought about how you are going to reach them? What's your background and experience? What makes your services different from the other design company's? If you can answer those fully and completely and then apply the answers you'll be going in the right direction (and be a better man than me!)
From an insurance point of view ( I work for a business insurance broker ) a key cover for your trade is professional indemnity (PI). This covers you against errors, omissions or neglect relating to advice, designs or plans that you put forward that leads to a financial loss or injury on your clients part. So - in the real world - if you design some functionality into your clients website that is flawed and leads to them losing money - PI kicks in and protects you. Another cover is Public Liability which covers you against physical damage or injury you may cause during the course of your work.
If you have any queries or questions please feel free to contact me via http://ow.ly/3BawS
Kind Regards
Tim
Upvote
0
Hi Inspired worx,
We work from home and use a virtual office for call handing (receiving and sending out our engineers) and for mailing and office address. We are now a nationwide business and our customers are happy with our B1 City Centre "Head office address" even though we live miles away! (Our post is sent to us daily by email).
We've been using Roweford Associates services for a while now and never had any problems! We have been praised for good customer service even though we dont have any actual call handling staff!
Image does matter to most customers and it doesnt hurt to give your image a boost, as long as your customer service is up to scratch! It might be worth contacting them, Im sure the address only thing was only about £15 a month. Im paying £50 for the whole lot which is so much cheaper than renting an office or taking on staff.
We work from home and use a virtual office for call handing (receiving and sending out our engineers) and for mailing and office address. We are now a nationwide business and our customers are happy with our B1 City Centre "Head office address" even though we live miles away! (Our post is sent to us daily by email).
We've been using Roweford Associates services for a while now and never had any problems! We have been praised for good customer service even though we dont have any actual call handling staff!
Image does matter to most customers and it doesnt hurt to give your image a boost, as long as your customer service is up to scratch! It might be worth contacting them, Im sure the address only thing was only about £15 a month. Im paying £50 for the whole lot which is so much cheaper than renting an office or taking on staff.
Upvote
0
S
space4work
Hi There,
Congratulations on setting up your very own business.
In regards to you not using your address, what you can do is set up a virtual office. This gives you a professional address in an area of your choice (e.g. London) but all your mail get forward to your home address.
Detailed information can be found on our site to help space4work.com
You can also have a telephone answering service so you never miss out on potential business.
Good luck in the future, and hope business goes well.
Upvote
0
Latest Articles
-
What Carphone Warehouse, Microsoft and Uber Have in Common: They Started in a DownturnThere's a comforting myth that you need a booming economy to start...- Ozzy
- Updated:
-
What Makes a Small Business Actually Sellable?There's a question that a lot of small business owners never think to...
- Ozzy
- Updated:
-
Why Your Team Keeps Asking the Same Questions (And What to Actually Do About It)Every small business owner knows the moment. You're halfway through...
- Ozzy
- Updated:
-
At What Point Do Courier Losses Just Become a Cost of Doing Business?If you sell physical products online, you already know the feeling. You...
- Ozzy
- Updated:
-
What I Wish I'd Known Before Using AI in My BusinessSomewhere between the headlines promising AI will transform everything...
- Ozzy
- Updated: