1. About these terms

These Terms and Conditions of Service (“Terms”) apply to website design, development, hosting and related services supplied by iWebServices (“we”, “us” or “our”) to the customer (“you” or “your”). They should be read together with the proposal, quotation or other written description of the services we have agreed to provide. If there is an inconsistency between these Terms and a specific written proposal agreed by both parties, the specific written proposal will take priority for that project.

We aim to keep these Terms clear and practical so that both parties understand what is included, what each party is responsible for, how payment works and what happens if a project is delayed, cancelled or terminated.

2. What both parties agree to

You agree to provide the information, text, images, approvals, access details and other material reasonably required to complete the project, in the format and within the timescales we request.

You must review work and provide feedback and approval in a timely manner. Delays in providing material, access or approval may delay completion but will not automatically delay an agreed payment schedule.

We will use reasonable care and skill in providing the agreed services and will endeavour to meet agreed deadlines. We are not responsible for a missed deadline or launch date where the delay is caused by your failure to provide information, content, access, feedback or approval when required, or by
circumstances outside our reasonable control.

If you decide to stop a project after work has begun, you remain responsible for charges properly due for work completed and commitments already incurred, subject to any rights that cannot legally be excluded.

3. Website Content

Unless expressly included in our proposal, you are responsible for supplying the text or copy for your website. We do not write website copy as part of the standard website design service.

You are responsible for supplying suitable graphics, logos, photographs and other images. Logos and illustrations should, where possible, be supplied in an editable vector format and photographs should be supplied at an appropriate resolution. Images taken from social media may have been compressed and may not be suitable for high-quality website use.

If we agree to source stock photography or other licensed material for you, any additional charge will be confirmed before purchase or will be charged at the rate stated in the applicable proposal.

4. Design, development and revisions

We design responsive websites intended to adapt to a range of current screen sizes and devices. Our process may be iterative rather than based on static mock-ups of every page. Visuals may be used to establish creative direction, including colour, typography, imagery and general appearance.

You will have reasonable opportunities to review the work and provide feedback during development. Work outside the agreed scope, substantial changes after approval, or additional revisions may be charged separately at our then-current hourly rate or at a price agreed with you in advance.

Where logo design is specifically included, the number of initial concepts and revisions will be as stated in the proposal. Additional logo work beyond the agreed allowance is chargeable.

5. Website hosting – what is included

Your website must be stored on a web server and uses server resources and bandwidth when it is accessed. Your hosting fees contribute to the cost of providing and managing that hosting environment.

Unless your proposal states otherwise, website hosting includes hosting of the website on our server environment, an SSL certificate for the hosted website, routine server administration, security measures used by us for the hosting environment, and the application of routine updates that we consider reasonably necessary for security, stability or compatibility.

Hosting does not include redesigning the website, changing its layout, adding new pages or functionality, producing new content, carrying out SEO work, repairing problems caused by unauthorised third-party changes, or other development work unless we expressly agree otherwise. Such work may be quoted separately or charged at our current hourly rate.

The particular software, security products, hosting providers and technical methods we use may change over time. We may replace one product or service with another where we consider this appropriate for security, reliability, support or compatibility.

6. Website software, maintenance and upgrades

Modern websites commonly rely on WordPress and/or other software, themes, plugins, libraries and services supplied by third parties. These components are updated over time to address security issues, bugs, compatibility changes and changes in web technology.

Routine WordPress core, theme and plugin maintenance is included where specified in the accepted proposal, regardless of whether the customer has selected a Pay Monthly or Pay Upfront arrangement.

It is important that security and compatibility updates are applied, but no update can be guaranteed to be completely risk-free. An update to WordPress, a theme, plugin, server component or other third-party software may unexpectedly alter the appearance or operation of part of a website, create a conflict with another component, or cause functionality to stop working.

We will use reasonable care when carrying out routine updates included with hosting, but we cannot guarantee that third-party updates will not cause faults or incompatibilities. Where an update causes a problem, we will take reasonable steps to investigate. Work required to redesign, replace or substantially modify obsolete or incompatible functionality may be chargeable where it falls outside routine hosting and maintenance.

You should check your website periodically, particularly after significant changes or updates, and tell us promptly if you notice a problem. You are also responsible for periodically checking that enquiries generated by website forms are reaching the intended recipient.

7. Browser and device compatibility

We aim to provide an appropriate experience in current versions of major desktop and mobile browsers in common use at the time the website is developed. We do not guarantee identical appearance or behaviour across every browser, device, operating system or older software version.

Web technology changes continually. We cannot guarantee that a website will continue indefinitely to display or operate exactly as it did when originally launched. Future browser, operating system, server or third-party software changes may require additional development work.

8. Search engines and SEO

Unless SEO services are expressly included in a separate written agreement, we do not provide ongoing search engine optimisation services and we do not guarantee any particular search engine position, ranking, traffic level, enquiry volume or commercial result.

We will build websites so that, in normal circumstances, their public pages can be accessed by search engines. Any search engine submission, indexing assistance or analytics configuration specifically included in your proposal will be provided on that basis, but search engines and analytics platforms are controlled by third parties and their behaviour cannot be guaranteed.

9. Email services

iWebServices does not provide email accounts or hosted email mailboxes as part of its website hosting service unless a separate written agreement expressly states otherwise.

We do not set up or configure email accounts on a customer’s computer, laptop, phone, tablet, email application or other device. If you use an independent email provider, you are responsible for the account, subscription, passwords, device configuration and support arrangements with that provider.

We do not export, migrate or transfer mailbox contents or historic email when a customer leaves iWebServices. If your email is supplied by a third-party provider, responsibility for retaining, exporting or migrating your email remains with you and/or that provider.

Website contact forms depend on several systems, including the website, hosting environment, internet mail infrastructure and the recipient’s email provider. We cannot guarantee delivery of every message. You must test website forms when the site launches and periodically thereafter, and tell us promptly if expected messages are not being received.

10. Domains

Where we register or manage a domain name on your behalf, we do so as an administrative service. You remain responsible for providing accurate registrant information and for responding to any verification or other requirements imposed by the relevant registrar or registry.

Where a domain is held by a third party, we will provide reasonable assistance with a transfer where this forms part of the project, but delays or failures by the existing registrar, registrant, provider or customer are outside our control and do not automatically change an agreed delivery date or payment schedule.

11. Payments and invoicing

Prices, setup fees, recurring charges and payment schedules will be stated in the applicable proposal, quotation or other written agreement. Unless stated otherwise, charges are payable on the due date.

Any setup fee is non-refundable once paid, except where the law requires otherwise. This reflects the administrative, planning, technical and other work undertaken at the beginning of a project.

Where you pay a fixed monthly amount under an agreed payment plan, we do not issue a separate invoice every month solely as a reminder to make that recurring payment. Your agreed proposal, contract and/or initial invoice records the payment arrangement. We will provide accounting documentation where required by law and may provide additional statements or invoices where appropriate.

We reserve the right to invoice for work completed at any stage of an ongoing project and to invoice separately for additional work outside the original scope.

If a payment becomes overdue, we may suspend work or services after giving reasonable notice. Where applicable, we may also claim interest, compensation and reasonable recovery costs in accordance with rights available to us under applicable law rather than applying an automatic escalating percentage charge.

12. Website agreements and contract term

Where the proposal provides for a minimum contractual term, that term will begin on the date the completed website goes live.

If the website cannot be launched because the customer has failed to provide the necessary content, information, access or approvals, and iWebServices has been ready and able to fulfil its obligations, the minimum contractual term will instead begin 90 days after the agreed target completion date. The relevant recurring payments, or any outstanding website design balance due upon launch, will become payable from the applicable commencement date.

This provision does not apply to delays caused by iWebServices. The applicable commencement date will be confirmed to the customer in writing.

If unforeseen circumstances require the agreed target completion date to change, the revised date must be agreed in writing by both parties.

Following completion of the minimum contractual term, Pay Monthly agreements will continue on a rolling monthly basis at the agreed monthly rate, unless otherwise agreed in writing. Either party may terminate the agreement by giving at least 30 days’ written notice.

Pay Upfront hosting agreements will continue on an annual renewal basis at the applicable renewal rate. Either party may prevent the next annual renewal by giving at least 30 days’ written notice before the renewal date.

Any change to renewal charges will be communicated in accordance with the applicable agreement and law.

13. Project inactivity and abandoned projects

A project depends on you supplying the information, content, access and approvals required for us to proceed. If we are unable to make meaningful progress because you have not supplied what is required, we may place the project on hold.

If the required content, information or approval has still not been provided within 12 months of our request or the project has otherwise remained inactive because of you for 12 months, we may treat the project as abandoned and terminate it by written notice.

Where a project is terminated for prolonged customer inactivity, payments already made are non-refundable to the extent permitted by law, and any charges properly due for work already completed or costs already incurred remain payable. Restarting an abandoned project is subject to our availability and may require a new quotation.

Where the minimum contractual term has already commenced under Clause 12, any outstanding payment obligations arising from termination due to prolonged customer inactivity will be assessed in accordance with Clause 14, subject to applicable law.

14. Leaving iWebServices and termination costs

We want the process of leaving iWebServices to be clear and straightforward. You may request termination of your agreement in accordance with the minimum contractual term, renewal arrangements and notice provisions applicable to your agreement.

Early Cancellation During the Minimum Contractual Term

Both Pay Monthly and Pay Upfront website agreements are subject to a minimum contractual term of 36 months, where specified in the accepted proposal.

If you choose to cancel your agreement before the minimum contractual term has expired, the following provisions will apply, subject to applicable law and any statutory or contractual rights to terminate without an early cancellation charge.

Pay Monthly Agreements

The monthly payment includes a contribution towards the original website design and development costs, together with ongoing website hosting, maintenance and associated services.

Where you cancel before completing the minimum 36-month term, the outstanding monthly payments for the remainder of that term will form the starting point for calculating the early cancellation charge.

A deduction of £179 will be made for each complete 12-month period remaining within the minimum contractual term for which hosting and maintenance will no longer be provided.

No hosting deduction will be made for incomplete 12-month periods.

The resulting balance will become payable upon early termination, after crediting any payments already made towards that balance and making any adjustments required by applicable law.

Pay Upfront Agreements

Under the Pay Upfront option, the agreed website design and development cost remains payable in full if you choose to terminate the agreement before the end of the minimum contractual term, subject to applicable law.

Annual hosting and maintenance charges are payable in advance. As iWebServices incurs annual hosting costs in advance, hosting charges for any annual hosting period that has already commenced and been paid for will not normally be refunded.

No further hosting charges will be payable for complete future annual hosting periods that have not commenced and for which hosting and maintenance will not be provided.

Any outstanding website design and development payments will remain payable, subject to applicable law and any contractual or statutory rights to terminate without such a charge.

Calculation and Payment of Early Cancellation Charges

Any early cancellation charge will be calculated in accordance with the accepted proposal and applicable law, taking account of payments already received, the hosting deductions described above, costs avoided as a result of early termination and any other adjustments required by law.

We will provide an itemised statement explaining the calculation and confirming any outstanding balance.

Nothing in this clause excludes or restricts your statutory rights or your right to terminate the agreement because of a breach of contract by iWebServices.

All sums properly due up to the termination date, together with any separately agreed exit services, must be paid.

Domain Name Transfers

If we hold or manage a domain name on your behalf, we will provide reasonable assistance to transfer it to you or to a new provider, subject to applicable registrar rules and any lawful payment requirements.

Any administration charge for a domain transfer will be disclosed to you in advance. Where a charge applies, payment will be required before the chargeable transfer work is undertaken.

Website Files and Database Exports

If you request a copy of your website files and database, we will provide a reasonable export of the materials we are entitled and technically able to supply, subject to applicable third-party licensing restrictions and lawful payment requirements.

Any charge for preparing and supplying the website files or database will be disclosed and agreed before the work is undertaken.

Website Migration and Additional Services

Website transfer services do not automatically include installing or configuring the website on another provider’s server, correcting incompatibilities at the new hosting provider, changing DNS settings beyond any specifically agreed transfer work, migrating third-party subscriptions, or exporting and migrating email accounts.

These services may be provided separately where agreed and will be subject to an additional charge.

Transparency of Exit Charges

We will not deliberately obscure exit charges.

Where an exit service is chargeable, we will confirm the applicable fixed charge or hourly rate before carrying out the work.

Additional third-party fees, including domain registrar or other provider charges, may also apply and will be communicated where known before the relevant work is undertaken.

15. Copyright and intellectual property

You warrant that text, images, logos, data and other material you supply are owned by you or that you have permission to use them. You are responsible for claims arising from material you instruct us to use where you do not have the necessary rights.

Unless otherwise stated in the agreed proposal, once all payments due under the applicable minimum contractual term have been received in full, iWebServices will assign to the customer only those intellectual property rights that iWebServices actually owns in the bespoke website design and any original content created specifically for the project.

Until that point, the customer is granted a non-exclusive licence to use the completed website for its intended business purpose while the agreement remains in force and payments are up to date.

Pre-existing iWebServices templates, tools, code, methods and other proprietary materials remain the property of iWebServices. Third-party software, themes, plugins, fonts, stock images, libraries and other licensed components remain subject to their own licences and are not transferred to you beyond the rights allowed by those licences.

You authorise us to place a discreet acknowledgement in the website footer and we may display the completed website in our portfolio and marketing materials.

16. Security, backups and third-party services

We take reasonable measures to maintain the hosting environment and reduce security risks, but no website, server or internet-connected system can be guaranteed to be completely secure or continuously available.

Websites may depend on third-party software and services that we do not control. Those providers may change, discontinue, restrict or charge for their services. We are not responsible for a third party’s acts, omissions, outages, security incidents, licence changes or service changes, although we will use reasonable efforts to assist where an issue affects services we manage for you.

Any backup arrangements expressly included in hosting are intended as a resilience measure and should not be treated as an absolute guarantee that every version of every item of data can be restored.

Website availability and downtime

We use reasonable care to provide a reliable hosting service, but we do not guarantee that your website will be available continuously or without interruption. Websites and hosting services may occasionally become unavailable because of server or network failures, maintenance, software updates, security incidents, third-party service failures, internet outages, technical faults or other circumstances outside our reasonable control.

To the fullest extent permitted by law, iWebServices will not be liable for any loss, damage, loss of business, loss of revenue, loss of enquiries, loss of data or other consequences arising from temporary website downtime or interruption to the hosting service.

Where we become aware of an outage affecting a website hosted by us, we will take reasonable steps to investigate and, where the cause is within our control, restore the service as soon as reasonably practicable.

17. Liability

We will provide our services with reasonable care and skill. Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability that cannot legally be excluded or restricted.

Subject to the paragraph above, we are not responsible for indirect or consequential losses, loss of anticipated profit, loss of business opportunity, or losses caused by website downtime, interruption to hosting, third-party services, customer-supplied material, unauthorised changes, or events outside our reasonable control.

Where you are contracting with us as a consumer, nothing in these Terms affects your statutory consumer rights. Where you are contracting in the course of a business, any limitation or exclusion of liability will apply only to the extent permitted by law.

18. Suspension and termination

We may suspend or terminate services where there is a material breach of these Terms, including serious or persistent non-payment, unlawful use of the services, activity that creates a material security risk, or failure to remedy a breach after reasonable notice where remedy is possible. Termination does not remove either party’s responsibility for sums or obligations that arose before termination. Provisions which by their nature are intended to continue after termination, including intellectual property, liability and payment obligations, will continue as appropriate.

19. Confidentiality and data

We will keep confidential information you provide to us confidential except where disclosure is necessary to provide the agreed services, is required by law, or the information is already lawfully public. Where our work involves personal data, each party is responsible for complying with the data protection obligations that apply to it. Additional privacy or data-processing terms may apply where appropriate to the services being supplied.

20. General Terms

You may not transfer your agreement with us to another person or organisation without our written consent. We may use suitable subcontractors and third-party service providers to help provide the services while remaining responsible for our own contractual obligations. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect. A failure or delay by either party to enforce a contractual right does not automatically waive that right. Notices relating to termination or other important contractual matters should be given in writing using the contact details normally used between us, unless the proposal specifies another method. These Terms and the applicable proposal constitute the agreement for the services described in them and replace earlier discussions or representations about those services, except for anything expressly incorporated in writing.

21. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. The courts with jurisdiction will be determined in accordance with applicable law. Nothing in this clause removes any mandatory rights a consumer may have regarding where proceedings can be brought.

22. Keep a copy

You should keep a copy of these Terms together with your proposal, quotation and payment schedule for your records.