Definitions “Company” refers to the web design and development service provider. “Client” refers to the individual or entity purchasing services from the Company. “Services” refers to all design, development, consultation, and related services carried out by the Company. “Third-Party Tools” refers to any plug-ins, themes, extensions, scripts, APIs, software, or external services not developed or controlled by the Company.
Scope of Services The Company will provide the Services as described in the agreed proposal, quotation, or Statement of Work. Any amendments or additional requirements requested by the Client may incur additional charges.
Client Responsibilities The Client agrees to: • Provide accurate information, materials, and approvals required for project delivery. • Ensure all supplied content complies with copyright, licensing, and applicable laws. • Maintain appropriate backups of any content or data they provide. • Ensure compliance with all legal obligations relating to their website and business operations.
Use of Third-Party Plug-ins, Integrations & Software 4.1 The Client acknowledges that Third-Party Tools may be required for website functionality and development. 4.2 The Company makes no warranty, explicit or implied, regarding the performance, availability, security, or long-term compatibility of any Third-Party Tools. 4.3 The Company is not responsible for: • Bugs, vulnerabilities, or security flaws within Third-Party Tools • Discontinued support or updates • Conflicts arising from updates or changes made by third-party developers 4.4 Any licence fees, subscriptions, or ongoing costs for Third-Party Tools are the responsibility of the Client unless otherwise agreed in writing.
Third-Party Hosting Services 5.1 If the Client selects a third-party hosting provider, the Company is not responsible for: • Server outages, downtime, or data loss • Hosting performance issues • Hosting-related security breaches • Hosting misconfigurations or failures 5.2 The Client is solely responsible for selecting and maintaining suitable hosting services for their website, unless the Company is contractually engaged to provide managed hosting.
Security, Vulnerabilities & No Liability for Third-Party Components 6.1 The Company will exercise reasonable care and skill in providing Services, in accordance with UK law. However, the Client acknowledges that no website or system can be guaranteed as fully secure. 6.2 The Company shall not be held liable for any security breach, vulnerability, failure, or issue arising from: • Third-Party Tools • Third-Party hosting services • External hacking attempts, malware, or malicious activity • Outdated software, plug-ins, or systems maintained by the Client • Client negligence, mismanagement, or unauthorised modifications • Issues introduced by other third-party developers or service providers 6.3 The Company shall not be liable for any consequential, incidental, or indirect damages including: • Loss of profits • Loss of business or revenue • Data loss or corruption • Reputational damage • Costs associated with security remediation, repair, or recovery
Maintenance & Updates 7.1 Ongoing maintenance, updates, patches, and monitoring are not included unless the Client has a separate maintenance agreement. 7.2 If the Client declines recommended updates, the Company accepts no responsibility for resulting vulnerabilities, compatibility issues, or website failures.
GDPR & Data Protection (UK GDPR / Data Protection Act 2018) 8.1 Both parties agree to comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 in relation to any personal data processed during the provision of Services. 8.2 The Company acts as a data processor only where it processes personal data on behalf of the Client. The Client remains the data controller. 8.3 Where the Company acts as a processor, it shall: • Process personal data solely on the documented instructions of the Client. • Implement appropriate technical and organisational measures to protect personal data. • Ensure any personnel with access to personal data are bound by confidentiality obligations. • Notify the Client of any personal data breach without undue delay. • Not subcontract processing to another processor without the Client’s consent, unless required for essential functionality (e.g., hosting or platform providers). • Assist the Client with data subject requests where reasonably required. • Delete or return personal data upon project completion, unless retention is required by law. 8.4 The Client is responsible for ensuring: • Their website has a compliant Privacy Policy, Cookie Policy, and consent mechanism. • Lawful basis for processing personal data is established. • Third-party tools used on the website comply with UK GDPR. 8.5 The Company is not responsible for GDPR compliance failures arising from: • Client-controlled systems or content • Third-Party Tools or hosting providers • Client’s failure to implement recommended configurations or privacy notices
Intellectual Property 9.1 Copyright and intellectual property rights for all design concepts, source code, and materials created by the Company remain the property of the Company until full payment is received. 9.2 Upon final payment, ownership rights will be transferred to the Client, except for: • Third-Party Tools • Licensed materials • Proprietary frameworks or systems belonging to the Company or third parties
Payment Terms Payment terms will be outlined in the project proposal or invoice. Late payments may incur interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Work may pause until payment is received.
Termination Either party may terminate the agreement with written notice if the other party commits a material breach and fails to remedy the breach within a reasonable timeframe. Upon termination, the Client must pay for all Services completed up to the termination date.
Limitation of Liability To the maximum extent permitted by UK law, the Company’s total liability for any claim arising out of the Services shall not exceed the total amount paid by the Client under the relevant project agreement. Nothing in these Terms limits liability for: • Death or personal injury caused by negligence • Fraud or fraudulent misrepresentation • Any other liability which cannot legally be limited
Governing Law & Jurisdiction These Terms & Conditions are governed by the laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Acceptance By commissioning the Company’s Services, the Client confirms acceptance of these Terms & Conditions.
