Skip to content

TERMS & CONDITIONS

terms and conditions of web services

overview

Custom Made Web Design owns and operates this website. Please read this page carefully before using our website or Service. By visiting our site or purchasing a Service you agree to all terms and conditions. If you do not agree you cannot use our website or Service.

information

We are not responsible for inaccurate, incomplete or out-of-date information on this website.

service and prices

Service and prices are subject to change without notice. We reserve the right to discontinue any part of the Service without liability and to limit sales to any person.

permission

No part of our website or Service may be reproduced, copied or sold without our prior written permission.

billing information

You agree to keep us up to date with any changes to your contact details and to pay promptly for Services received.

feedback

You agree not to submit anonymous, libellous, abusive or unlawful reviews about our company or Service.

personal data

Before you submit personal information through this website, please refer to our privacy policy.

disclaimer

We cannot guarantee that our Service will be uninterrupted, secure or error free at all times and you agree to this. You also agree that we may remove or cancel the Service without notice and that your use of the Service is at your own risk. We are not liable for any injury, loss, claim or damages including lost profits, lost revenue, loss of data, replacement costs or any other damages arising from your use of the Service.

indemnification

You agree to indemnify, defend and hold harmless this website and its owners from any claim or demand. This includes fees set by a third party due to your breach of our terms or your violation of any law or rights of a third party.

severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that portion will be deemed severed and will not affect the validity and enforceability of any other remaining provisions.

termination

You can terminate these Terms and Conditions by clicking off this website or by notifying us that you no longer wish to use our Service. We may terminate this agreement and any Service agreement at any time without notice but you remain liable for all amounts due. Access to our Services may be denied until outstanding amounts are paid.

entire agreement

Any Terms and Conditions relating to our Service constitute the entire agreement and supersede prior agreements and proposals, whether oral or written. We are not responsible for ambiguities in the interpretation of our Terms and Conditions.

governing law

These Terms and Conditions and any separate agreements whereby we provide you Services are provided in accordance with UK laws.

changes

We reserve the right to change these Terms and Conditions at any time, so it is your responsibility to keep up to date with changes. Continued use of our website or Service means you agree to current Terms and Conditions.

questions

Please contact us if you have any questions about our Terms and Conditions.

terms and conditions of web design agreement

overview

Custom Made Web Design (CMWD) will do our best to fulfil the needs of the above account but it’s best to have a few things written down for peace of mind on both sides. We have no desire to trick you into signing something that you might later regret, so we’ve kept it simple. We want what’s best for the safety of both parties, now and in the future.

additional work

Any work undertaken outside the 12 updates that come as part of our package is considered additional work and will be charged at £20 per hour, to be invoiced in 15-minute segments (e.g 49 minutes = 4 x 15-minute segments = £20). This includes the time taken to implement additional website functionality, any research undertaken, any communication or additional work involved with any 3rd party and any work undertaken to manage the functionality or design of your website upon your request.

bespoke website 

A bespoke website is one that is more complex and tailor-made than a standard website. A bespoke website contains additional add-ons and features that are beyond the design and costs of our standard packages. These add-ons or features are paid for in their own right, in addition to the cost of a standard website and may require ongoing paid maintenance.

backups

We will carry out a monthly backup of your website. We recommend that you back up all images purchased by yourself and store them safely in multiple locations, as we are not required to keep them or provide source links should they be lost. We keep backups of your website for 30 days but due to the nature of digital storage cannot guarantee the recovery of your website.

cancellation

You have 14 days within which to cancel this agreement in writing (email is acceptable). Once the 14 days have passed you are legally bound by this agreement and may not cancel within the 12-month period. If you require cancellation and termination of your website within the 12-month period we are within our rights to invoice you for the full costs of the remaining agreement period.

changes to our t&c’s

We reserve the right to change these Terms and Conditions at any time, and it is your responsibility to keep up to date with changes on our Terms and Conditions page. Continued use of our website or Service means you agree to our current Terms and Conditions.

confidentiality

Your data will continue to be protected by us; we will not pass any information about you, your website or your company to any third party aside from those relating to website and email provision.

copyright

A Copyright notice stating © your website name will be displayed in the footer of each page of your website along with a link to our website design services.

demos

We are proud of our work and would like to demonstrate some of our websites to potential customers. We reserve the right to display a link to your website as part of our portfolio and to write about the project on our website, blog etc. and to demonstrate your website as part of any marketing campaigns we undertake.

disclaimer

We cannot guarantee that our Service will be uninterrupted, secure or error free at all times and you agree to this. You also agree that we may remove or cancel the Service without notice and that your use of the Service is at your own risk. We are not liable for any injury, loss, claim or damages including lost profits, lost revenue, loss of data, replacement costs or any other damages arising from your use of the Service.

functionality

We cannot guarantee that any web page template or completed website will always be error-free and function 100%; this is technology and is prone to sudden changes that may be frustrating at times. We cannot be held liable to you or any third party for any damages, including lost profits or any other incidental, consequential or special damages arising out of technical faults on this website, even if you have advised us of the possibilities of such damages.

images

We ask you to provide us with royalty-free images for your website. You must own copyright, provide links to free, royalty-free images or have purchased a license to use images on your website. If you would prefer us to source the images for your website we are happy to do so. If we cannot find suitable free images, we will consult you before purchasing images on your behalf and you agree to cover the cost of purchased images.

indemnification

You agree to indemnify, defend and hold harmless this website and its owners from any claim or demand. This includes fees set by a third party due to your breach of our terms or your violation of any law or rights of a third party.

pages

Extra pages are charged at £30 per page.

payments

Payment is to commence no more than 14 days from the date of this agreement, immaterial of website status. Payments should be arranged via standing order for the 1st of each month, one month in advance. Failure to pay your monthly fee may lead to loss of service.

For bespoke websites, any additional costs for work undertaken will be invoiced on a weekly basis, with payment to be received within 5 working days.
Failure to settle an outstanding invoice on time will result in your website being suspended until payment is received in full. Suspended accounts will have a suspension notice displayed on your website. In exceptional circumstances we can of course negotiate late payments.

products

A product is an item for sale on your website. A product counts as a single SKU (stock keeping unit) number and is charged at £5 per SKU number input. A simple product is a product that has a single SKU number, whether it be physical, virtual or downloadable. A variable product is a product that has various options (e.g a t-shirt that is available in red, green and blue, and in small, medium and large). Each variable product has its own SKU number and is chargeable at £5 per product, for input. E-commerce training for product input and other skills can be arranged at a cost of £20 per hour, if required.

renewal

Once the 12-month agreement has passed your account will automatically transfer to a monthly agreement under the same terms of this agreement aside from duration, which will be reduced to a 30-day period, and cancellation, which will be 30 days’ written notice (email is acceptable).

search engine optimisation (seo):

We are not responsible for the marketing of your business online but provide basic SEO to help your website in its initial stages. We recommend that you seek the services of a specialist SEO company to help you with search engine ranking, although we do offer more in-depth SEO packages.

service and prices

Service and prices are subject to change without notice. We reserve the right to discontinue any part of the Service without liability and to limit sales to any person.

severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that portion will be deemed severed and will not affect the validity and enforceability of any other remaining provisions.

training

We can arrange training sessions if required for you or your staff at £20 per hour per session. We give you Editor access to your website so that you can make updates in your own time, without having to rely on us or eating into your 12 free annual updates (Managed package). This is invaluable, for example, if you want to make frequent changes such as adding special offers, galleries, one-day sales, events, announcements etc.

updates

We will carry out site maintenance and security updates behind the scenes and will email you the details. Our package comes with 12 free updates per year. An update relates to a change on a single page and does not include the design of a brand new page. After 12 updates we charge £20 per update. An update is categorised as a change to text, images or other simple changes to the layout of a page.

woocommerce (shop websites only)

If you purchase an e-commerce solution, we will provide the framework to sell items online with a choice of industry recognised payment gateways (e.g WooCommerce, PayPal, Stripe). If you wish to use an additional payment gateway, we will undertake any work needed to investigate, implement and deliver as best we can at a cost of £20 an hour. Please see the product section for associated costs regarding an e-commerce shop.