terms & conditions

 Custom Made Web Design 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.

• CONTRACT PERIOD:

I understand that this initial contract is for a minimum initial period of 12 months. I understand that the contract period begins on the submission of this form.

• CANCELLATION:

I understand that I have 14 days within which to cancel this agreement in writing (email is acceptable). Once 14 days have passed I am legally bound by this agreement and may not cancel within the following 12-month period. If I require cancellation of this agreement and termination of my website within the 12-month period I agree to pay any outstanding fees in full (if applicable) and understand that if I have paid an annual fee I will not receive a partial refund.

• RENEWAL OF AGREEMENT:

I understand that once the initial period of 12 months has passed, my account will automatically be transferred to a monthly agreement under the same terms of this agreement aside from duration, which will be reduced to a 30-day period, unless I have provided written intent of my wish to cancel this agreement with 30 days notice (email is acceptable).

• CANCELLATION AFTER 12 MONTHS:

After the initial 12-months period, I may close my account by giving 30 days written notice (email is acceptable).

• PAYMENT/S:

I agree to pay invoices on receipt. If paying monthly I agree to pay the hosting fee via standing order (see below).

• STANDING ORDERS:

If paying hosting fees on a monthly basis I agree to set up a standing order for the agreed amount to be paid on the 1st of each month. I understand that after two weeks a late payment will lead to temporary removal of the Service and an ‘IF YOU ARE THE OWNER OF THIS BUSINESS PLEASE CONTACT YOUR WEB HOST’ notice displayed on my website. I accept that Custom Made Web Design will charge an admin fee of £25 for restoring a working site to the public domain and that any outstanding payments must be settled in full, including the admin fee, before my website is restored.

• REQUEST TO PAY ANNUALLY BY CMWD:

Custom Made Web Design reserves the right to place me on annual payments at any time. I agree that if I regularly make late payments I will be asked to pay on an annual basis (non-refundable) or find an alternative hosting company. 

• CLOSURE OF ACCOUNT BY CMWD:

Custom Made Web Design reserves the right to discontinue the Service at any time without refund if I regularly fail to pay fees on time, am abusive towards any member of staff or if I do not adhere to these terms and conditions.

• ABUSIVE BEHAVIOUR TOWARDS STAFF

Custom Made Web Design will not tolerate any written, verbal or physical abuse towards staff and reserves the right to discontinue the Service at any time without refund if I display abusive behaviour.

• ADDITIONAL WORK:

I understand that any additional work or training provided by Custom Made Web Design will be charged at £20 per hour, chargeable in 60-minute segments. Additional work will only be carried out at my request and with my prior knowledge.

• TRAINING:

Custom Made Web Design can arrange training sessions (e.g website access, content management, online store management, Google Workspace functionality etc.) for me or my staff at £20 per hour, chargeable in 60-minute segments.

• WEBSITE ACCESS:

Custom Made Web Design will give me ‘Editor’ access to the backend area of my website on request and provide me with login details so that I can make updates to my website. I agree not to make changes to my website unless I have undergone training (see above) or am competent in using Wordpress and any Themes used. I understand that Custom Made Web Design holds no liability for any issues caused by my editing to the appearance, technicality or functionality of my website and that an administration charge may be applied in the case of Custom Made Web Design having to recover any part of my website as a result of my editing.

• CONFIDENTIALITY:

I understand that my data will be protected by us in alignment with GDPR (we will not pass any information about you, your website or business to any third party aside from those relating to website and email provision).

• COPYRIGHT:

Any images or text used on my website must comply with copyright and plagiarism laws (https://www.gov.uk/copyright). I understand that Custom Made Web Design reserves the right to refuse to include any image or text that may present copyright issues. A Copyright notice stating ‘© your website name’ will be displayed in the footer of your website alongside a promotional link to our website.

• IMAGES:

As part of the web design process I realise that Custom Made Web Design will source images from websites such as www.pexels.com. I understand that if Custom Made Web Design cannot find suitable free images, they will consult me to either a) ask me to provide relevant images or b) ask for my permission to purchase images on my behalf on the understanding that I agree to cover the cost of purchased images.Where Custom Made Web Design ask me to supply my own images I understand that I must either own the copyright of all images provided, provide links to images sourced from royalty-free websites or show proof of purchase of a commercial license. I understand that Custom Made Web Design reserve the right to refuse any image they feel may breach copyright laws.

I understand that Custom Made Web Design does not keep copies of my website images or records of image source links and holds no liability for lost images or images that are not displayed correctly at any time on my website. I agree to check all images used on my website to ensure that they adhere to copyright laws. I understand that Custom Made Web Design does not accept any liability for copyright claims by a third party and that any copyright claims will be dealt with and settled by me and that I accept full responsibility for the content of my website.

• TEXT:

I agree to provide the wording for my website under the guidance of Custom Made Web Design and to ensure that all text is original.I  agree to check all text used on my website to ensure that it adheres to plagiarism laws. I understand that Custom Made Web Design does not accept any liability for plagiarism claims by a third party and that any plagiarism claims will be dealt with and settled by me and that I accept full responsibility for the content of my website.

• FONT:

I understand that Custom Made Web Design uses fronts from Google Fonts that are copyright free. If I choose to use a font that is not provided by Google Fonts I agree to provide the license agreement. I understand that fonts provided by subscription services cannot be used due to the risk of the subscription being interrupted or ceasing without my knowledge.

• PAGES:

I understand that additional pages not included in my website package are charged at £30 per page. Additional pages will only be created with my prior approval.

• UPDATES:

Custom Made Web Design will carry out site maintenance and security updates behind the scenes. They may or may not send me details via email about maintenance and security updates carried out.

• WORDPRESS THEMES:

Custom Made Web Design uses a Wordpress theme to create the design of my website. Custom Made Web Design will update the theme when prompted to do so by Wordpress. Custom Made Web Design holds no liability for any decline in theme functionality or performance caused by theme updates.

• THIRD-PARTY PLUGINS:

Custom Made Web Design uses third party plugins within Wordpress that provide certain features or functionality on my website. Custom Made Web Design will update plugins when prompted to do so by the plugin developer. Custom Made Web Design holds no liability for any decline in plugin or website functionality or performance caused by plugin updates.

• FREE UPDATES:

If my package includes 12 free updates per year I understand that I may use any or all of my free updates at any time. I understand that an update refers to a change to text or images on a single page and does not refer to the re-design of an existing page or the creation of a brand new page. I understand that should I use my 12 free updates but require further updates within the 12-month period Custom Made Web Design reserves the right to charge £20 per update.

• WOOCOMMERCE (online store websites):

If I purchase an e-commerce website, Custom Made Web Design will provide the framework to sell items online with a choice of industry recognised payment gateways (e.g WooCommerce, PayPal, Stripe). If I wish to use an additional payment gateway, they will undertake any work needed to investigate, implement and deliver as best we can at a cost of £20 an hour, chargeable in 60-minute segments.

• PRODUCT (online store websites):

A ‘product’ is an item for sale. A product counts as a single SKU (stock keeping unit) number and is charged at £5 per SKU number. 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 online store management skills may be arranged with Custom Made Web Design at a cost of £20 per hour, chargeable in 60-minute segments, if required.

• SEARCH ENGINE OPTIMISATION (SEO):

Custom Made Web Design provides basic SEO on the main pages of my website (i.e those included in the menu navigation bar) and reserves the right to charge for SEO settings added to other pages. Custom Made Web Design is not responsible for improving the ranking of my website on search engines or for providing key words or phrases that might improve the chances of being found by potential customers or visitors to my website. I understand that Custom Made Web Design does not provide in-depth or specialist SEO services and recommends that I seek the services of a specialist SEO company to help with search engine ranking.

• BACKUPS:

Custom Made Web Design will carry out a monthly backup of my website. I understand that due to the nature of digital storage Custom Made Web Design cannot guarantee recovery of my website.

• FUNCTIONALITY:

I understand that Custom Made Web Design cannot guarantee that due to the nature of technology every web page template or completed website page or entire website will always be error-free and function 100%. Custom Made Web Design cannot be held liable to me or any third party for any damages including lost profits or any other incidental, consequential or special damages arising out of technical faults on your website, even if I have advised them of the possibilities of such damages.

• EMAIL & CONTACTS:

I note that, due to the nature of technology, Custom Made Web Design cannot guarantee that my Webmail mailbox/es will always function 100% and understand that no backup of my email account/s exists on any server. I therefore agree to keep additional copies of important emails and sender details in a separate place such as a separate email account, or as PDF’s on an external hard drive. I agree to keep important contacts’ information associated to my email account in a separate place such as an external hard drive or separate email account. 

I understand that, should I close my website account, my email account may also be closed. Custom Made Web Design cannot be held liable to me or any third party for any damages including lost profits or any other incidental, consequential or special damages arising from technical faults or loss of my email account. 

• PROMOTIONAL WEBSITES:

I agree that Custom Made Web Design may use my website to demonstrate design and functionality to potential or existing customers, and may display my website as part of their portfolio and to write about my website on social media, their blog, their website etc. and to demonstrate my website as part of any marketing campaigns.

• CHANGES TO SERVICE:

The Service is subject to change without notice. Custom Made Web Design reserves the right to withdraw or discontinue any part of the Service without liability and to limit or refuse the Service to any person. Continued use of the Service means I agree to the current Terms and Conditions.

• CHANGES TO PRICES:

Prices displayed on the Custom Made Web Design website are subject to change without notice and without any liability. Continued use of the Service means I agree to the current prices.

• CHANGES TO TERMS AND CONDITIONS:

Custom Made Web Design reserves the right to make changes to these Terms and Conditions at any time and it is my responsibility to keep up to date with changes on the Terms and Conditions page. Continued use of the Service means I agree to the current Terms and Conditions.

• DISCLAIMER:

Custom Made Web Design cannot guarantee that the Service will be uninterrupted, secure or error free at all times and I agree to this. I also agree that Custom Made Web Design may remove or cancel the Service without notice and that my use of the Service is at my own risk. Custom Made Web Design 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:

I 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 my breach of our agreement or these terms and conditions, or my 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.

AGREEMENT:

I agree to commit to the purchase of the above order based on a minimum 12-month contract, continued thereafter as a month-by-month ongoing contract that may be cancelled at any time via one month’s written notice (email acceptable) following the initial 12-month period.

Custom Made Web Design reserves the right to cancel this agreement with one month’s written notice (via email or Whatsapp) at any time.

I understand that payment is due on receipt of invoice. If paying monthly I agree to arrange for a standing order to be set up with my bank for the 1st of each month. I understand that non-payment may result in loss of service. I agree to pay for my domain name, chosen add-ons and any other service that is due on an annual basis. I understand that, where applicable, annual charges will be invoiced prior to my website going live and will be invoiced annually until my agreement with Custom Made Web Design is terminated by either party.

I understand that charges are non-refundable.

I understand that this agreement is legally binding.