Terms & Conditions

General Terms & Disclaimers

1. By instructing the Agency to commence work, approving a quotation, paying a deposit, or continuing to engage the Agency's services, the Client is deemed to have accepted these Terms & Conditions.
2. The Agency reserves the right to cease or suspend work in the event that any invoice becomes overdue, until such time as that invoice is settled in full.
3. Unless otherwise agreed in writing, invoices are payable within 30 days of issue.
4. The Agency reserves the right to charge statutory interest and recovery costs on overdue invoices pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
5. Any start dates or timelines provided to the Client are estimations only and may be affected by factors outside the Agency's control. No start dates or completion dates can be guaranteed.
6. Neither party shall be liable for any failure to perform under this Agreement when such failure is due to causes beyond that party's reasonable control, including but not limited to acts of government, acts of terrorism, pandemic, natural catastrophe, fire, storm, flood, earthquake, accident, strikes, cyber attacks, utility failures or prolonged shortages of energy or internet connectivity.
7. At any time during or subsequent to the contract period, the Client and Agency agree to keep in strict confidence all confidential information to which each party has access. Neither party shall use or disclose confidential information without written consent from the other party unless legally required to do so.
8. The Agency makes no guarantee or warranty of project completion if the Agency's work is destroyed either wholly or in part, knowingly or unknowingly, by any party without prior consultation with the Agency. Actions resulting in such destruction may include, but are not limited to, deletion of files or folders, deletion of assets, changes to website architecture, removal of plugins, or interference with hosting or DNS settings. Additional fees may apply to rectify or complete the project in such circumstances.
9. The Client understands that the fees stated within any quotation or agreement cover the work hours and skills allocated by the Agency. Additional costs may be incurred during the completion of a project, including but not limited to stock photography, fonts, premium plugins, third-party software, advertising spend, website hosting, printing, data procurement, travel expenses or specialist subcontractors. Any such costs will be agreed between the parties before expenditure wherever reasonably possible.
10. The Client undertakes to provide any assets, approvals, feedback or other required information in a timely and organised manner so as not to unduly delay the project. The Client understands that delays in communication or provision of materials may impact timelines and delivery dates.
11. Where delays are caused by the Client, the Agency reserves the right to revise timelines, reallocate resources, apply additional charges, or re-quote for the remaining work if necessary.
12. Any work requested by the Client outside the agreed scope of services may be quoted separately and charged at the Agency's standard hourly rate unless otherwise agreed in writing.
13. The Agency's standard working hours are Monday to Friday, 9:30am to 5:45pm excluding UK public holidays. Where the Client requests, expects, or necessitates work to be carried out:
    • outside of standard working hours,
    • after 6:00pm,
    • on weekends,
    • or on public holidays
    The Agency reserves the right to apply an expedited or out-of-hours surcharge in addition to its standard rates. Such surcharge shall be charged at either:
    • £275 + VAT per day in addition to the Agency's standard daily rate
    • £35 + VAT per hour in addition to the Agency's standard hourly rate
    The Agency shall use reasonable efforts to notify the Client in advance where such surcharges are likely to apply.
14. The Client is responsible for reviewing and approving all deliverables before publication, print, launch or distribution. Once approved by the Client, the Agency accepts no responsibility for errors, omissions, legal compliance issues or inaccuracies contained within approved materials.
15. The Agency shall not be liable for any indirect, consequential or economic loss including, but not limited to, loss of profit, loss of revenue, loss of business, loss of data, loss of goodwill or business interruption arising from this Agreement.
16. The Agency's total liability in relation to any claim arising from this Agreement shall not exceed the total fees paid by the Client to the Agency for the relevant project or services giving rise to the claim.
17. All work, intellectual property, website files, design files and access credentials remain the property of the Agency until all invoices relating to the project have been paid in full.
18. The Agency reserves the right to use completed work, designs, websites and marketing materials within its portfolio, marketing materials and case studies unless otherwise agreed in writing.
19. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

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Branding & Graphic Design

1. Intellectual property rights to final approved graphic design work completed within the scope of this agreement shall transfer to the Client once all related invoices have been paid in full.
2. The Agency retains ownership of:
   • working files
   • draft concepts
   • unused concepts
   • methodologies
   • templates
   • internal processes
   • pre-existing intellectual property
3. The Agency retains the right to use completed designs within its portfolio and case studies in perpetuity unless otherwise agreed in writing.
4. Artwork files may be provided to the Client upon request during or after the completion of the agreement.
5. The Agency undertakes to provide all design work using appropriately qualified and experienced personnel.
6. The Client is responsible for ensuring that all content, imagery, trademarks and materials supplied to the Agency are owned by the Client or appropriately licensed for use. The Agency accepts no liability for copyright infringement arising from Client-supplied materials.

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Website Design & Development

1. The fees for the project are based on the site layout, functionality and deliverables outlined within the agreed brief or quotation.
2. The Agency will provide the Client with a draft sitemap showing the pages planned for the website build. This must be agreed in writing before development commences.
3. Once the sitemap and scope have been agreed, any additional pages, features or functionality requested by the Client may fall outside the scope of the original quotation and may be charged separately.
4. Two rounds of amends are included at both the design stage and first live draft stage unless otherwise agreed in writing.
5. Rough wireframes may be provided for core pages to demonstrate proposed layout and content structure.
6. Initial flat designs will be provided by the Agency for review and approval. Amend requests should be grouped together clearly and comprehensively. Additional amend rounds beyond those included may be chargeable.
7. Once designs have been signed off by the Client, the Agency will proceed to development. Any subsequent design changes requested may incur additional charges.
8. Upon completion of the website build, a live draft website will be provided to the Client for review.
9. The Client shall have two further rounds of minor amends to refine the live draft website. Requests falling outside the approved design scope may be charged additionally at the Agency's standard hourly rate.
10. The Agency accepts no responsibility for issues, omissions or errors present within signed-off designs or approved content.
11. Additional page designs or functionality requested by the Client may be charged based on estimated hours required at the Agency's standard hourly rate.
12. Unless otherwise stated, websites will be developed using WordPress and Elementor to allow editing access for the Client's in-house team.
13. The Agency shall not be responsible for outages, policy changes, pricing changes, compatibility issues or functionality limitations caused by third-party plugins, themes, hosting providers, registrars, APIs or external software platforms.
14. The Agency will take reasonable steps to ensure compatibility across modern browsers and devices current at the time of build. Compatibility with outdated browsers, legacy systems or future platform updates cannot be guaranteed.
15. Unless covered by a separate hosting or maintenance agreement, the Agency is not responsible for:
    • future software updates
    • plugin updates
    • website maintenance
    • malware removal
    • cyber security
    • backups
    • server management
    • technical support after project completion
16. A restart fee shall become payable if the Client fails to provide feedback, approvals or required materials for a period exceeding three months from the date they are requested or supplied. The restart fee shall be 10% of the total project value.
17. If a dormant project resumes after a prolonged delay, the Agency reserves the right to revise timelines, resource allocations or re-quote the remaining work to reflect current costs and workloads.
18. The Client is responsible for ensuring that all materials supplied to the Agency are legally compliant and appropriately licensed for use.
19. Intellectual property rights to final approved website pages and content created within the scope of the agreement shall transfer to the Client once all related invoices have been paid in full.
20. The Agency retains the right to use completed websites, screenshots and designs within its portfolio and marketing materials in perpetuity.
21. Website propagation and DNS updates may take between a few hours and up to 72 hours following launch. This process is controlled by external registrars and internet service providers and is outside the control of the Agency.
22. Unless otherwise agreed in writing:
    • domain names remain the responsibility of the Client
    • hosting services are provided via third-party infrastructure
    • the Client is responsible for renewing domains, subscriptions, licenses and hosting agreements once transferred into their control

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Copywriting

1. The Agency may utilise content supplied by the Client to create copy for websites, marketing campaigns or related materials.
2. Unless otherwise specified within the quotation, the Agency has not included:
   • tone of voice development
   • detailed messaging strategy
   • formal brand strategy
   • extensive research-based copywriting
3. Creation of case studies, press releases, brochures or additional long-form content may be quoted separately.
4. The Agency may conduct keyword research and keyword mapping for SEO purposes where relevant to the agreed scope of work.
5. The Client remains responsible for ensuring factual accuracy and legal compliance of all approved copy and claims.

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Marketing Services

1. The Agency does not guarantee specific commercial outcomes, search engine rankings, advertising performance, lead volumes, sales volumes or website traffic increases unless expressly agreed in writing.
2. Marketing performance may be affected by factors outside the Agency's control including competitor activity, platform algorithm changes, market conditions, audience behaviour and third-party systems.
3. Advertising spend payable to third-party platforms including Google, Meta, LinkedIn or similar platforms is separate from Agency management fees unless expressly stated otherwise.
4. The Client remains responsible for ensuring compliance with advertising standards, platform policies and applicable laws.
5. The Agency may require administrative access to relevant platforms, websites and advertising accounts in order to perform services.
6. Where accounts are owned by the Client, the Client retains ultimate ownership and responsibility for those accounts.
7. The Agency shall not be responsible for account suspensions, rejected adverts, platform outages, changes to platform functionality or policy enforcement carried out by third-party platforms.

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Handling Data

1. It is the Client's responsibility to understand and comply with their obligations under the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and any related legislation.
2. The Agency shall not be responsible or liable for any breaches of data protection legislation arising from the Client's website, marketing materials, mailing lists, data collection processes or internal procedures.
3. The Agency may recommend software, plugins or marketing platforms that utilise cookies or process customer data. It remains the Client's responsibility to determine whether such systems align with their own legal obligations and privacy policies.
4. The Agency will take reasonable care and diligence when handling personal data supplied by the Client and shall not knowingly disclose such data to unauthorised third parties without instruction from the Client unless legally required to do so.
5. The Agency may retain backups of websites and associated data for up to four weeks for operational and disaster recovery purposes.
6. Following termination of services or upon written request by the Client, data held by the Agency may be deleted from active systems within a reasonable operational timeframe. Backup copies may continue to exist temporarily until automatically overwritten or deleted.

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Termination

On Termination

1. Should the Client choose to terminate the agreement, all outstanding invoices and fees for completed work shall become immediately payable.
2. The Agency shall cease work upon receipt of written notice of termination from the Client.
3. The Agency reserves the right to issue a final closing invoice for:
   • work completed but not yet invoiced
   • committed subcontractor costs
   • non-refundable third-party expenses
   • allocated project hours already undertaken
4. Any invoices not yet issued by the termination date may still be invoiced where the associated work has already been completed.
5. Upon termination, the Agency shall not be obliged to release final files, website access credentials or intellectual property until all outstanding invoices have been settled in full.
6. Should the agreement be terminated by the Agency, at least 21 days written notice shall be provided wherever reasonably possible.
7. Where termination is initiated by the Agency, the value of completed work shall be proportionate to fees already invoiced. Where necessary, balancing adjustments or refunds may be issued by the Agency.
8. Clauses relating to payment obligations, confidentiality, intellectual property, limitation of liability and portfolio usage shall survive termination of this Agreement.