Website Services Terms and Conditions
These Terms and Conditions govern every agreement between you and Tweyelight Digital (“we”, “us”, “our”) when you purchase website services from us — or when we purchase services from you. The details regarding payment, service delivery, and other specifics (such as pricing and supply dates) will be contained in the accompanying Quote, Proposal, or Purchase Order.
1. General Terms and Definitions
1. SERVICES
Scope: “Services” refer to all website design, development, support, and related services as detailed in your Quote, Proposal, or Purchase Order.
Performance: Our work is performed to the best of our ability based on the expertise of our designers and developers and the information you provide. No opinion, recommendation, or statement made by us constitutes a guarantee of any specific outcome (such as search engine optimisation, traffic increase, or sales growth).
Results: You acknowledge that any results are dependent on various external factors, and you remain solely responsible for the outcomes.
2. SUPPORT
Included Assistance: Details regarding support are outlined in your Quote or Purchase Order. Any support beyond what is specified may incur additional charges.
3. COMPATIBILITY
Technical Requirements: Our services assume that the hardware and software (including servers) meet our minimum technical criteria (e.g., LAMP stack or Windows Server 2008 R2 with IIS). We can provide consultancy on these specifications if requested (potentially for an additional fee).
Browser Compatibility: We strive to ensure your website is compatible with current versions of major browsers (Chrome, Edge, Safari, Firefox) as specified at the time of your Quote. Any browser-specific needs will be documented in your agreement.
Testing Period: You are required to test and review any work provided by us within 14 days of notification that the service or website is ready for evaluation. If no feedback is received within this period, the work will be deemed accepted, and any outstanding payments will become due.
4. DEFINITIONS
On-going Services: Refers to continuous services such as maintenance, hosting, support, and additional development provided after the initial project completion.
Nominated Persons: The individuals designated on your Quote or Purchase Order with whom we will communicate. You are responsible for ensuring their contact details are accurate.
Consumer: Any individual purchasing services outside the context of a business.
Maintenance Services: Any ongoing work aimed at supporting or maintaining your website as set out in your agreement.
Working Days: Business days from Monday to Friday, 9 AM to 5 PM, excluding public and bank holidays in England and Wales.
5. ACCEPTANCE OF TERMS
By using our services or placing an order, you confirm that you are at least 18 years of age, have read and understood these Terms and Conditions (along with the Quote/Proposal/Purchase Order), and agree to be bound by them. If you are acting on behalf of an organization, you confirm that you have the authority to enter into this agreement.
2. Service Delivery and Execution
6. SUPPLY OF SERVICES
Availability: We will use reasonable endeavors to supply the services but do not guarantee uninterrupted, secure, or error-free access to your website.
Virus and Data Risks: We do not warrant against viruses, worms, or other defects that might arise, nor do we assume responsibility for any data loss or issues arising from electronic transmission.
Hosting & Domain Registration: Unless otherwise agreed, you are responsible for hosting arrangements and domain name registration. If we assist with domain registration, it will only proceed upon full payment of associated charges, and we do not assume responsibility for any disputes arising from domain naming.
7. SERVICES AND PROJECTS
Scope of Work: All work—including bespoke components and modifications—will be detailed in your Quote/Proposal/Purchase Order. Additional work outside this scope will be subject to separate charges.
Content Responsibility: You remain fully responsible for the accuracy and legality of any content you provide. You also indemnify us against any claims arising from such content.
Exclusions & Response Times: Issues arising from your default, misuse, or failure to implement our recommendations are not covered by our maintenance services. We classify support requests into routine (3–5 working days), urgent (2–3 working days), and critical (1–2 working days).
3. Payment and Financial Matters
8. THIRD-PARTY INVOLVEMENT
External Providers: Certain aspects of our services may involve third parties (e.g., domain registrars, hosting companies, or software vendors). Such third-party services are subject to their own terms and conditions, and we assume no liability for issues arising from them.
Contractors & Freelancers: We may engage contractors or freelancers to support project delivery, ensuring they work under the same standards and confidentiality obligations.
9. PRICES AND PAYMENT
Quoted Price: The price for our services is detailed in your Quote/Proposal/Purchase Order. All quotes remain valid for 30 days.
Payment Terms: Payments are due in full by BACS, Direct Debit, Stripe, or PayPal within 7 days of invoice issuance, inclusive of any applicable taxes.
Late Payment & Deposits: Late payments may incur interest at 5% per month (or part thereof) and additional recovery costs. A non-refundable deposit may be required before work commences, and hosting/license fees (if applicable) are billed annually on a non-refundable basis.
10. PAYMENTS TO SUPPLIERS
Purchase Orders: Payments to third-party suppliers will only be made against valid Purchase Order documentation. Any invoice errors will adjust the payment terms accordingly.
Invoice Terms: Invoices are due 7 days from receipt unless otherwise agreed.
11. PAYMENT AND PASSING OF RIGHTS
Ownership Transfer: Full ownership of the website’s design and code passes to you only upon receipt of cleared payment. Until then, we retain a lien over the work.
Third-Party Materials & Post-Termination: Rights to third-party components remain with their respective owners. Upon termination, you must cease using and remove associated services within 7 days.
4. Usage, Responsibilities, and Technical Requirements
12. RESPONSIBILITY AND MISUSE
User Accountability: You are responsible for the actions of your employees, agents, or representatives when using our services. Misuse (e.g., unauthorized access or breach of intellectual property rights) is strictly prohibited.
Indemnity: You indemnify us against any losses or damages resulting from misuse or breach of these Terms.
13. ACCURACY, DATA, AND RESPONSIBILITY
Cooperation: You agree to provide accurate, complete, and up-to-date information required for service delivery.
Data Quality: All materials provided must be error-free, legally compliant, and not infringe on any third-party rights.
Insurance: We recommend that you maintain insurance for any materials or data provided, as we are not liable for any loss or damage.
14. BANDWIDTH, DATA-TRANSFER, AND STORAGE
Usage Limits: You agree to abide by any bandwidth, data-transfer, or storage limits set out in your Quote/Proposal. Exceeding these limits may incur additional charges.
Server Access: Direct access to our servers is not permitted; all changes must be coordinated with us.
Notification: Any anticipated disproportionate activity should be communicated to us at least 7 days in advance.
15. OUR ACCESS
Inspection Rights: You must not restrict our access to your website or related services. We may request information or access necessary for effective service delivery.
Assistance: You agree to provide all required support and documentation within agreed deadlines.
5. Intellectual Property, Design, and Service Quality
16. COPYRIGHT
Content Ownership: You confirm that you either own the copyright to all materials provided or have secured the necessary permissions. You agree not to infringe on any copyright, and all materials must be legally obtained.
Usage Restrictions: Reproduction, modification, or distribution of our proprietary content is prohibited without our express consent.
17. DESIGN CREDIT
Acknowledgement: We reserve the right to showcase details of our work (including images and representations) in our portfolio or marketing materials, with a link to our website.
Removal on Request: If you prefer not to have such credit, notify us in writing. Upon agreement, you must remove such references within 7 days of our request.
18. TIME ESTIMATES
Project Timeline: We will use our best efforts to meet time estimates provided; however, delays may occur due to unforeseen circumstances or delays on your part in providing necessary materials.
Communication: You will be informed of any delays and the impact on project timelines.
19. DATA BACKUP
Backup Policy: For websites hosted on our servers, daily backups are performed. However, it is your responsibility to maintain your own backups once the website is live.
Liability: We are not liable for any data loss if your backup procedures fail.
20. LIABILITY DISCLAIMER
Limitation of Liability: Subject to applicable law, we are not liable for any indirect, incidental, or consequential losses or damages arising from our services.
Maximum Liability: Our total liability shall not exceed the total fees paid by you for the affected services.
Insurance: We maintain insurance coverage as required by law, subject to the insurer’s terms.
6. Legal, Dispute Resolution, and Miscellaneous
21. INFORMATION AND DATA PROTECTION
Accuracy and Consent: You are responsible for ensuring that all provided information is accurate and up-to-date. All data will be processed in accordance with applicable Data Protection laws.
22. CONFIDENTIALITY
Mutual Obligation: Both parties agree to keep all information, documentation, and details of this agreement confidential, except as required by law or court order.
Disclosure: Only information that is public or agreed in writing may be disclosed.
23. DEALING WITH THIRD PARTIES
Third-Party Interactions: You authorize us to liaise with third parties (e.g., hosting providers) on your behalf. Any agreements with these parties are subject to their terms, for which we assume no liability.
24. EXCLUSIVITY
Working Relationship: You agree to work exclusively with us regarding the services outlined in your Quote/Proposal unless otherwise agreed in writing.
No Interference: You will not engage other providers for similar services without our prior written agreement during our engagement.
25. ELECTRONIC/DISTANCE SELLING ORDERS
Not Applicable: (For these services, distance selling provisions do not apply unless expressly stated in your agreement.)
26. QUERIES, COMPLAINTS, AND NOTICES
Complaint Procedure: All queries, complaints, or snag lists must be submitted in writing to the address provided in your Quote/Proposal. We aim to respond to non-support queries within 14 working days.
Notices: Formal communications are deemed received 7 days after posting by Royal Mail 1st Class (with proof of postage).
27. SEVERABILITY
Clause Independence: If any clause or part of this agreement is found to be unenforceable or invalid, the remaining clauses shall remain in full force and effect.
28. BREACH AND CANCELLATION
Termination Rights: We reserve the right to immediately terminate services if you breach any terms, including third-party agreements. No refund will be provided for unused services.
Cancellation: You may cancel an order with 14 working days’ notice, but remain liable for all services rendered and any non-refundable payments.
Variations: Changes to these Terms, as displayed on our website, become effective on the day they are posted.
29. FORCE MAJEURE
Exemption: We shall not be liable for delays or failures in performance due to events beyond our control (e.g., natural disasters, acts of war, system failures, or supply shortages). In such cases, we are entitled to a reasonable extension to fulfill our obligations.
30. JURISDICTION
Governing Law: These Terms shall be interpreted and enforced according to the laws of England and Wales.
Exclusive Jurisdiction: Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the English Courts.