These Terms set out the rules and conditions for services provided by Web Clicks Design, managed by Jack Tatchell. By commissioning Web Clicks Design, you agree to be bound by these Terms.
Plain English Summary (Quick Overview)
- Project work: Website builds and one-off work are usually split as 50% deposit to start and 50% on completion, unless agreed otherwise in writing.
- Hosting: If we host your website, hosting is billed yearly in your renewal month (as per your agreement/quote).
- Maintenance plans (required): All websites we host/manage must be on an active Website Maintenance Plan to cover ongoing updates, monitoring/health checks, and premium plugin licence costs where applicable. Plan details are here:
https://webclicksdesign.com/website-maintenance/- What’s included vs not included: Maintenance covers keeping the site secure, updated and stable. It does not include new features, major redesigns, or large pieces of new work unless agreed separately.
- How to request changes: You can request day-to-day work via email or WhatsApp. For important contractual notices (e.g., cancellations/disputes), email is best.
- If payments aren’t up to date: We may pause services (including retainer agreements, PPC campaigns, SEO works/maintenance/updates) until the account is brought up to date.
1. Definitions
- “We/Us”: Web Clicks Design
- “You/Client”: the commissioning party
- “Deliverables”: the outputs listed in the Proposal (e.g., website, designs, PPC campaigns, SEO campaigns,copy)
- “Proposal”: our written scope/quote/email/message confirming services and fees
- “Practical Completion”: the point the Deliverables are complete and ready for go-live/hand-over (subject to any agreed snagging)
2. Engagement & Payment (Project Work)
2.1 Deposit: A 50% non-refundable deposit is required before work starts (unless agreed in writing).
2.2 Final payment: The remaining 50% is due on Practical Completion, or within 3 weeks (whichever comes first and always prior to go-live/file hand-over).
2.3 Payment methods: We accept bank transfer and card (including automated payments where available).
2.4 Late payment: We may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 and/or suspend services and remove access until paid.
2.5 VAT & third-party costs: All fees exclude VAT unless stated. Third-party costs (plugins, themes, stock, domains, ad spend, printing, etc.) are payable by you in addition to our fees.
2.6 Retainers & subscriptions: Retainers and ongoing subscriptions are governed by clauses 5–7, unless the Proposal states otherwise.
3. Scope, Rates & Changes
3.1 Scope: The Proposal defines the scope. Anything outside this is chargeable at £65 per hour or via a fixed quote.
3.2 Change requests: Changes are agreed in writing (email or WhatsApp is fine) before we proceed, including any fee/timeline changes.
3.3 Out-of-scope examples (non-exhaustive): new pages not included in the Proposal, new campaigns/ad groups, major rebuilds, large content uploads, complex troubleshooting, migrations/restores not covered by a plan, third-party integrations, and any work not explicitly listed in the Proposal.
4. Revisions & Warranty
4.1 Revisions window: Up to 2 rounds of design/content tweaks within 14 calendar days of Practical Completion (fair-use, within scope).
4.2 Bug-fix warranty: 30 days from go-live for defects we caused. This excludes new features and third-party failures.
4.3 After these periods: Work is billable at £65/hr.
4.4 Content deliverables: Unless otherwise stated in the Proposal, written content deliverables include one round of reasonable amendments. Additional revisions are billable at £65/hr.
5. Retainers (If Applicable)
5.1 Retainers cover named services for a fixed monthly fee (e.g., SEO, PPC, content, website support).
5.2 Billing: Retainers are payable in advance on/before the 1st of each month unless agreed otherwise in writing.
5.3 Rollover: Unused hours do not roll over unless stated in writing. Additional hours are billed at £65/hr.
5.4 Response times: Standard response is within 2 business days; urgent issues are best-effort.
5.5 Cancellation: 30 days’ written notice.
5.6 Fair use: Retainers are not unlimited and cover the services listed in the Proposal.
5.7 Pause for non-payment: If any invoice is overdue, we may pause services until the account is up to date. We are not responsible for impacts caused by pauses due to non-payment.
5.8 Delivery/approval window: If we deliver a retainer deliverable and do not receive feedback within 7 calendar days, it may be treated as accepted for planning purposes.
5.9 Requests: Requests can be made via email or WhatsApp. (See clause 18 for formal notices.)
6. Hosting (If Supplied by Us)
6.1 Hosting plan/specs/fees are set out in the Proposal.
6.2 Billing: Hosting is billed yearly, in the website’s renewal month, unless agreed otherwise in writing.
6.3 Backups: We take daily backups (typical retention up to 30 days). Restores/migrations are chargeable unless covered by a support plan.
6.4 Uptime & security: Hosting is provided on a reasonable endeavours basis. We implement reasonable security but cannot guarantee prevention of all breaches.
6.5 Suspension: We may suspend hosting for non-payment, abuse, or security risks.
6.6 No refunds: All hosting fees are payable in advance and are non-refundable once paid. No refunds or credits will be provided for partial years, unused periods, early cancellation, suspension, or termination of hosting services during an active billing term.
7. Website Maintenance Plans (Required for Hosted/Managed Websites)
7.1 Maintenance requirement: All websites that we host/manage must be on an active Website Maintenance Plan. Maintenance covers ongoing behind-the-scenes work that keeps a WordPress website secure, updated, and stable (e.g., core/plugin/theme updates, monitoring/health checks, and premium plugin licence coverage where applicable).
7.2 Plans: Maintenance plans are described on our website and may be updated from time to time:
https://webclicksdesign.com/website-maintenance/
Current plans include Essential Care, Pro Care, and Managed Care+.
7.3 Non-payment / cancellation: If a maintenance subscription is unpaid or cancelled, we may pause maintenance activity (including updates/monitoring/licence coverage) until it is reinstated.
7.4 Scope of maintenance: Maintenance plans do not include new development, new features, major redesigns, or complex fixes unless specifically included in the plan description or agreed separately.
8. Premium Plugins, Themes & Licences
8.1 Where your website uses premium plugin/theme licences that we provide (e.g., Elementor/WPForms), access may be included while you remain on an active maintenance plan (and/or hosting, depending on the setup).
8.2 If you move hosting away or cancel the relevant maintenance plan, you may need to purchase your own licences to maintain updates/support and certain features. We are not responsible for loss of access to premium features where third-party licences are no longer active.
9. Client Responsibilities
9.1 You will provide accurate, lawful content, timely feedback, and required access/credentials. Delays may shift timelines.
9.2 You confirm you have rights/permissions for materials you supply and are responsible for legal compliance (e.g., cookies, privacy, accessibility, claims).
10. Intellectual Property
10.1 Ownership: On receipt of all sums due, we assign to you IP in the final Deliverables (theme customisations, designs, custom code) excluding:
(a) our pre-existing tools/processes; (b) third-party components governed by their licences; (c) generic know-how.
10.2 Portfolio: We may display non-confidential work in our portfolio/marketing unless you opt out in writing.
11. Third-Party Services
11.1 We may rely on third parties (hosting, plugins, APIs, payment gateways, Google/Microsoft etc.). We are not responsible for their outages, changes, or retirements. Replacement work is billable unless covered by a plan.
12. SEO/PPC (If Applicable)
12.1 We do not guarantee rankings, traffic, leads, or ROI.
12.2 Ad spend is paid by you to the platform (or to us for onward payment if agreed).
12.3 PPC management may include campaign build, monitoring, optimisation, search term review, negatives, reporting, and account hygiene. Frequency depends on performance needs.
12.4 Account access: unless agreed otherwise, ad accounts remain the Client’s property and we require appropriate access to manage effectively.
12.5 Compliance: you are responsible for accuracy/legal compliance of claims and content.
12.6 Non-payment pauses: we are not responsible for performance impacts caused by pauses due to non-payment.
13. Data Protection (UK GDPR / DPA 2018)
13.1 Each party will comply with applicable data protection law.
13.2 Where we process personal data for you, we do so as processor under a DPA (available on request).
13.3 You are responsible for your Privacy Policy, Cookie Notice, and implementing consent where required.
14. Confidentiality
14.1 Each party will keep the other’s confidential information secret and use it only for the engagement, except where required by law or where information is public.
15. Liability & Indemnity
15.1 We do not exclude liability for death/personal injury caused by negligence, fraud, or liability that cannot be excluded by law.
15.2 Subject to 15.1, our total aggregate liability is limited to the total fees paid by you for the relevant services in the 12 months prior to the claim.
15.3 We are not liable for indirect/consequential loss, loss of profit, revenue, data, goodwill, or business interruption.
15.4 You indemnify us against third-party claims alleging that materials you supplied infringe rights or breach law.
16. Termination
16.1 Either party may terminate for material breach not remedied within 14 days of notice.
16.2 On termination, you will pay for work performed and committed costs to the termination date.
16.3 We may retain work product and suspend access until all sums are paid.
17. Force Majeure
We are not liable for delays/failures caused by events beyond reasonable control (e.g., outages, strikes, pandemics, platform failures).
18. Notices & Communication
18.1 Formal notices must be in writing to the addresses/emails in the Proposal and are deemed received the next business day after sending.
18.2 Operational requests: day-to-day requests can be made via email or WhatsApp (or a named ticketing system if agreed). Operational messages are not “formal notices”.
19. Miscellaneous
19.1 Assignment/subcontracting: we may subcontract; you may not assign without consent (not unreasonably withheld).
19.2 Severability: if any term is invalid, the rest continue.
19.3 Entire agreement: these Terms + Proposal form the entire agreement.
19.4 Amendments: must be agreed in writing.
19.5 Survival: payment, IP, confidentiality, liability and data protection clauses survive termination.
Acceptance
By commissioning Web Clicks Design, you agree to these Terms.
Contact:
hello@webclicksdesign.com
07805 350747