The following terms and conditions apply to all services provided by King’s Lynn Website Design Ltd to the Client.
Please read them carefully before proceeding and if you have any questions feel free to reach out to a member of our team.
Terms and Conditions
1. Application of These Terms
These Terms and Conditions apply to all services supplied by King’s Lynn Website Design Ltd (“King’s Lynn Website Design”, “we”, “us” or “our”) to the person, business or organisation purchasing those services (“the Client”).
Our services are supplied to business customers only. By accepting a quotation, instructing us to proceed, paying a deposit or otherwise purchasing our services, the Client confirms that it is acting wholly or mainly for purposes relating to its trade, business, craft or profession and not as a consumer.
2. Acceptance and Contract Documents
It is not necessary for the Client to physically sign these Terms and Conditions for them to apply.
Acceptance of a quotation, payment of a deposit, written instruction to proceed or use of our services constitutes acceptance of these Terms and Conditions.
The agreement between King’s Lynn Website Design and the Client consists of:
- the relevant quotation, proposal or project specification;
- any subsequent variations agreed in writing; and
- these Terms and Conditions.
If there is any conflict between these Terms and Conditions and an expressly agreed quotation or specification, the quotation or specification shall take precedence in relation to that particular matter.
3. Quotations and Charges
Charges for services are set out in the quotation or proposal supplied to the Client. Unless otherwise stated, quotations remain valid for 30 days.
King’s Lynn Website Design reserves the right to amend or withdraw a quotation after this period.
VAT will be charged where applicable and will be shown on the relevant quotation or invoice.
4. Project Payment Milestones
The payment schedule applicable to each project will normally be specified within the quotation.
Where a project is divided into two payments, the usual payment structure is:
- an initial deposit before work begins; and
- the remaining balance when the website has been built and the agreed pages have been populated with content ready for the Client’s first review.
Where a project is divided into three payments, the usual payment structure is:
- an initial deposit before work begins;
- a second payment when the homepage design has been completed; and
- the remaining balance when the agreed pages have been built and populated with content ready for Client review.
The relevant payment becomes due when the specified milestone has been reached. Payment is not dependent upon the website being launched.
If the Client chooses to delay launch for a future event, campaign, internal decision, trading date or any other reason, this shall not delay payment of an invoice which has otherwise become due.
5. Deposits and Cancellation of Projects
Deposits are non-refundable once work has commenced.
If the Client cancels a project after work has started, the Client shall remain responsible for:
- all work carried out up to the date of cancellation;
- any third-party costs or commitments already incurred; and
- any amount by which the value of work completed exceeds payments already received.
King’s Lynn Website Design may invoice any outstanding amount immediately following cancellation.
6. Payment and Late Payment
Invoices are payable in accordance with the terms shown on the invoice or quotation. Where no alternative payment period is specified, payment is due upon receipt.
Where an invoice remains unpaid, King’s Lynn Website Design reserves the right to charge statutory interest, fixed compensation and reasonable recovery costs available under the Late Payment of Commercial Debts (Interest) Act 1998 and any replacement or amending legislation.
King’s Lynn Website Design may suspend ongoing services where an invoice remains unpaid for 14 days after its due date and reasonable attempts have been made to obtain payment.
Suspension does not remove the Client’s obligation to pay outstanding or continuing charges.
7. Scope of Work
The agreed price covers only the work, pages, functionality, services and deliverables expressly included within the quotation, proposal or agreed specification.
Work falling outside the agreed scope may be charged separately. This may include, but is not limited to:
- additional pages;
- additional functionality;
- substantial redesigns;
- new requirements introduced after work has commenced;
- additional content entry;
- additional integrations;
- additional meetings, consultancy or training;
- work required because of changes made by the Client or another third party; and
- work not reasonably contemplated when the quotation was prepared.
Reasonable amendments which remain within the original agreed scope will normally be included.
King’s Lynn Website Design reserves the right to charge for substantial or repeated changes which materially depart from the original brief.
8. Client Content and Responsibilities
The Client is responsible for supplying all information, content, photographs, branding, access details, approvals and other materials reasonably required for the project.
The Client is responsible for ensuring that information supplied to us is accurate, lawful and suitable for publication.
This includes responsibility for:
- prices;
- product and service descriptions;
- business claims;
- contact information;
- regulatory statements;
- copyright permissions;
- photographs and other media; and
- any other factual or legal claims appearing on the website.
9. Client Delays
Project timescales depend upon the Client providing content, feedback, approvals and access when reasonably requested.
If the Client fails to provide required information or feedback, any previously indicated delivery date may cease to apply and King’s Lynn Website Design may reschedule the project around other commitments.
If a project has remained inactive because of the Client for 60 days, King’s Lynn Website Design may issue a warning and suspend the project timetable.
If the project remains inactive for 90 days, King’s Lynn Website Design may treat the project as abandoned and close it.
Any outstanding work completed and third-party costs already incurred will remain payable.
10. Project Timescales
Unless expressly agreed otherwise in writing, all project dates and completion estimates are indicative rather than guaranteed deadlines.
King’s Lynn Website Design shall not be responsible for delays caused by the Client, third parties, suppliers, platform providers or circumstances outside our reasonable control.
11. Client Review and Approval
The Client will be given an opportunity to review work during the project.
Unless otherwise agreed, the Client should provide feedback within 10 days of work being made available for review.
If no feedback is received within 10 days, King’s Lynn Website Design may treat the work as accepted for the purposes of progressing, scheduling and invoicing the project.
King’s Lynn Website Design may allow additional time at its discretion where circumstances reasonably justify it.
12. Website Launch
A website will not normally be made publicly live without approval from the Client.
However, Client approval to launch is separate from payment obligations. If the website has reached an agreed payment milestone, the corresponding invoice remains payable even if the Client elects to delay launch.
13. Hosting Commencement
Where King’s Lynn Website Design provides hosting for a new website, hosting charges will commence on the date the website goes live or 30 days after the website is ready for launch, whichever occurs first.
This reflects the ongoing hosting, security, maintenance, backup and technical resources required to keep a website available and launch-ready even where publication has been delayed by the Client.
14. Hosting Services
King’s Lynn Website Design provides hosting using third-party infrastructure and suppliers, including infrastructure supplied by 20i.
We will use reasonable endeavours to maintain reliable hosting services but do not guarantee that hosting will be uninterrupted or error-free.
Temporary interruptions may occur because of maintenance, technical faults, software failures, cyberattacks, network failures, upstream provider issues or circumstances outside our reasonable control.
15. Website Backups
Our website hosting packages include automated daily website backups.
King’s Lynn Website Design will take reasonable measures to maintain backup services and assist with restoration where appropriate. However, no backup system can guarantee that every backup will always be complete, uncorrupted or recoverable.
King’s Lynn Website Design shall not be liable for backup failure or corruption caused by circumstances outside our reasonable control, including third-party infrastructure failure, malware, software faults or major technical incidents.
16. Hosting Security and Maintenance
Our hosting packages include routine website security measures, including:
- routine plugin and software updates where appropriate;
- malware scanning; and
- reasonable efforts to repair malware or compromised website files where detected.
No website or hosting platform can be guaranteed to be completely immune from hacking, malware, vulnerabilities or unauthorised access.
King’s Lynn Website Design does not guarantee that a hosted website will never be compromised.
17. Administrator Access
King’s Lynn Website Design will retain appropriate administrative access to websites which we host or maintain so that we can perform updates, backups, security work, troubleshooting and repairs.
Client administrator access is available on request but is not automatically provided.
Where administrator access is provided, the Client accepts responsibility for changes made by the Client, its staff or other third parties using that access.
King’s Lynn Website Design shall not be responsible for faults, security issues, downtime or data loss caused by such changes. Any investigation or remedial work required may be chargeable.
18. Third-Party Access and Changes
If the Client gives another person or supplier access to its website, hosting account, DNS, email, domain, database or related systems, King’s Lynn Website Design is not responsible for changes or damage caused by that party.
Any work required to investigate, reverse or repair such changes may be charged separately.
19. Hosting Cancellation
Monthly hosting may be cancelled by written notice.
Annual hosting payments are non-refundable once the relevant annual period has commenced.
Where monthly hosting incorporates third-party services which King’s Lynn Website Design is required to purchase annually, such as SSL certificates, licences or other subscriptions, the Client may be required to pay any unrecovered annual cost following cancellation.
20. End of Hosting and Data Retention
Following cancellation or termination of hosting, King’s Lynn Website Design may retain website files, databases and available backups for up to 30 days.
After this period, they may be permanently deleted without further notice.
Restoration, recovery, export or migration work requested after cancellation may be chargeable.
Cancellation of hosting does not automatically include a managed migration to another hosting provider. Migration assistance may be quoted separately.
21. Maintenance Services
The scope of any maintenance service is limited to the package or services expressly purchased by the Client and does not constitute unlimited website development or amendments.
Unless otherwise agreed, maintenance services require 90 days’ written notice to cancel.
King’s Lynn Website Design may waive or reduce this notice period at its discretion.
22. Email Services
King’s Lynn Website Design may provide IMAP email hosting and Microsoft 365 licences or administration.
Email services are separate from website backup services and email data is not included within our daily website backup commitment.
IMAP email hosted through our hosting platform relies upon the availability and infrastructure of the underlying hosting provider.
Microsoft 365 is a third-party service supplied by Microsoft. King’s Lynn Website Design cannot guarantee Microsoft’s availability, retention policies, delivery systems or platform functionality.
No email service can guarantee delivery or receipt of every message because delivery may also depend upon recipient servers, spam filters, DNS, third-party systems and network conditions.
23. Email and IT Support
The supply of email hosting or Microsoft 365 does not include general IT support unless expressly agreed.
King’s Lynn Website Design is not responsible for configuring or troubleshooting computers, mobile devices, Outlook installations, local networks, operating systems or other third-party software.
Such assistance should normally be obtained from an appropriate IT professional.
24. Domain Names
Where the Client registers a domain name independently, responsibility for its registration, renewal, payment and continued ownership remains entirely with the Client.
Where King’s Lynn Website Design registers a domain name on behalf of the Client, the domain will normally be registered, managed and held by King’s Lynn Website Design unless otherwise agreed.
The Client may request transfer of a domain held by King’s Lynn Website Design. Provided the Client’s account is fully settled, the domain will normally be released or transferred without an additional transfer fee.
Domain registrations and renewals may be automatically renewed unless written cancellation is received before the renewal commitment has been incurred.
Once a renewal has been processed or committed to a registry or supplier, the corresponding charge remains payable.
King’s Lynn Website Design cannot guarantee recovery of an expired domain name.
25. SSL Certificates
Where an SSL certificate is supplied separately from hosting, it may be automatically renewed unless cancelled before the relevant renewal commitment is incurred.
Once renewal has been processed or purchased from the relevant supplier, the corresponding charge remains payable.
King’s Lynn Website Design cannot guarantee continued operation of an SSL certificate where renewal charges have not been paid.
26. Third-Party Software and Services
Websites may rely upon third-party software and services including plugins, themes, APIs, payment gateways, booking systems, email services, analytics services, hosting infrastructure and external platforms.
Such services remain subject to the third party’s own terms, availability, functionality, pricing and policies.
King’s Lynn Website Design is not responsible for outages, changes, discontinuation, restrictions or other actions taken by third-party providers which are outside our reasonable control.
If a third-party service becomes unavailable, unsupported, insecure, incompatible, commercially unreasonable or otherwise unsuitable, King’s Lynn Website Design may replace it with a reasonable alternative.
Additional work required to implement a replacement may be chargeable where appropriate.
27. Third-Party Costs and Price Changes
Where third-party licences, subscriptions or services are incorporated within services supplied by King’s Lynn Website Design, increases imposed by those suppliers may be passed on to the Client.
King’s Lynn Website Design may also review recurring charges from time to time.
For monthly recurring services, we will normally provide at least 30 days’ notice of a price increase initiated by King’s Lynn Website Design.
For annual recurring services, notice will normally be provided before the next renewal.
28. Acceptable Use
The Client must not use hosting, email or other services supplied by King’s Lynn Website Design for unlawful, abusive or harmful activities.
This includes, without limitation:
- spam;
- phishing;
- malware;
- illegal content;
- copyright infringement;
- fraudulent activity;
- activities which damage server or email reputation;
- excessive or abusive resource usage; and
- activity which creates a material security risk.
King’s Lynn Website Design may suspend, disable or remove content or services immediately where we reasonably believe this is necessary to protect our systems, suppliers, reputation, other customers or third parties.
29. Security and Credentials
The Client is responsible for keeping passwords, authentication details and account credentials provided to it secure.
King’s Lynn Website Design shall not be responsible for loss resulting from compromised Client credentials unless directly caused by our negligence.
Where King’s Lynn Website Design reasonably believes an account or website has been compromised, we may reset passwords, revoke access, disable functionality or take other reasonable protective measures without prior approval.
30. Technical Discretion
King’s Lynn Website Design may refuse to implement a Client request where we reasonably believe that doing so would:
- create a material security risk;
- damage or destabilise a website or service;
- breach third-party terms;
- introduce serious compatibility problems;
- breach applicable law; or
- otherwise be technically inappropriate.
31. Unlawful or Inappropriate Content
King’s Lynn Website Design may refuse to publish or may disable content which we reasonably believe is unlawful, defamatory, infringing, fraudulent, deceptive, malicious or otherwise likely to expose King’s Lynn Website Design or its suppliers to material legal, technical or reputational risk.
32. Copyright and Client Materials
The Client retains ownership of material supplied by it, including logos, photographs, text and other original content.
The Client grants King’s Lynn Website Design permission to use such materials as reasonably necessary to perform the agreed services.
The Client is responsible for ensuring it has the necessary licences, permissions and rights to provide and use such material.
33. Intellectual Property in Our Work
Once all amounts relating to a project have been paid in full, the Client will receive the rights necessary to use the bespoke website design and bespoke content created specifically for that project.
King’s Lynn Website Design retains ownership of reusable materials, methods, systems, know-how, processes, code libraries, templates, development techniques and other materials which were not created exclusively for the Client.
Third-party software, fonts, stock imagery, plugins, themes and other licensed materials remain subject to the rights and licences of their respective owners.
34. Source Files and Internal Materials
Unless expressly included in the quotation, King’s Lynn Website Design is not required to provide:
- editable design source files;
- internal development environments;
- working files;
- premium software licence keys;
- internal templates;
- development tools; or
- other internal production materials.
35. Artificial Intelligence (AI)
Artificial intelligence (“AI”) tools may be used in the delivery of our services for a wide range of purposes.
This may include, but is not limited to, photo retouching and enhancement, image editing, content drafting, design assistance, coding, research, analysis and the generation of entirely new written, visual or other digital content.
If the Client does not wish AI tools to be used in connection with a project, the Client must notify King’s Lynn Website Design before work begins and discuss the available options with us.
AI-assisted and AI-generated output may require human review and may contain factual inaccuracies, similarities to third-party material or other errors. Important factual, legal, regulatory or commercial claims should therefore be reviewed before publication.
The Client remains responsible for approving final website content before publication.
King’s Lynn Website Design may use third-party AI services where reasonably necessary to provide the agreed services. Project information may therefore be processed using third-party AI tools, subject to applicable data protection obligations.
36. Shared Resources and Ely Website Design
King’s Lynn Website Design Ltd works closely with its partner company, Ely Website Design Ltd.
The companies may share or use staff, contractors, systems, hosting infrastructure, software, administrative resources, technical resources, knowledge and other operational resources interchangeably where reasonably required to provide services efficiently.
The Client authorises King’s Lynn Website Design to use Ely Website Design resources in connection with the delivery of services where appropriate.
Unless expressly stated otherwise, the Client’s contract remains with the company which issued and accepted the relevant quotation or invoice.
The use of shared resources does not by itself transfer the Client’s contract from one company to the other.
Any sharing or processing of personal data between the companies will be carried out in accordance with applicable data protection law.
37. Subcontractors
King’s Lynn Website Design may use suitably skilled employees, freelancers, consultants, contractors and specialist suppliers to carry out parts of the services.
This may include developers, designers, photographers, copywriters, SEO specialists, marketers and other appropriate professionals.
38. Third-Party Creative Services
Where King’s Lynn Website Design arranges or coordinates services such as photography, videography, copywriting, branding or specialist development, the availability, timetable and output of the relevant third-party specialist may be outside our direct control.
King’s Lynn Website Design will use reasonable care when coordinating such services but cannot guarantee matters controlled solely by the third-party supplier.
39. Search Engine Optimisation
Where SEO services are supplied, King’s Lynn Website Design does not guarantee specific search engine positions, rankings, visitor numbers, enquiries, sales or continued indexing.
Search engines operate independently and may alter their algorithms, ranking factors, indexing systems and policies at any time.
40. Legal Policies and Website Compliance
The Client remains responsible for ensuring that its website and business comply with laws and regulations applicable to its particular activities.
King’s Lynn Website Design may supply standard template wording for privacy policies, cookie policies, website terms or similar notices as a convenience.
Such templates do not constitute legal advice and may not address the Client’s individual circumstances.
The Client should obtain independent professional advice where appropriate.
Unless ongoing policy maintenance is expressly included within the Client’s service, King’s Lynn Website Design is not responsible for updating legal policies indefinitely following launch.
41. Accessibility
King’s Lynn Website Design will use reasonable care to build websites in accordance with modern web development practices.
Unless expressly included within the agreed project scope, King’s Lynn Website Design does not warrant or certify that a website complies with any particular accessibility standard, including a particular level of the Web Content Accessibility Guidelines (WCAG).
42. Training and Support
Any training included within a project is limited to the sessions, time or scope specified in the quotation.
Additional training, consultancy, amendments or support may be charged separately unless covered by an ongoing support or maintenance agreement.
43. Post-Launch Work
Once a website has gone live, further additions, amendments or development work may be chargeable unless:
- the work is expressly included within an ongoing maintenance or support package; or
- the work is required to correct a genuine defect in King’s Lynn Website Design’s work covered by the post-launch warranty.
44. Post-Launch Warranty
King’s Lynn Website Design will correct genuine defects in our own development work reported within 30 days of launch without additional charge.
This does not include problems caused by:
- changes made by the Client or third parties;
- new requirements;
- third-party software;
- plugin or theme updates;
- hosting or infrastructure changes;
- external services or APIs;
- misuse; or
- circumstances outside our reasonable control.
45. Portfolio and Marketing Use
Unless otherwise agreed, King’s Lynn Website Design may display completed work, screenshots, Client logos and reasonable project details within our portfolio, website, social media and other marketing materials.
If a Client has a genuine confidentiality requirement, this should be raised with us in writing.
46. Design Credit
King’s Lynn Website Design may place a small design credit or link on websites we develop.
If the Client requests removal of the design credit, a fee equal to 10% of the total development charges may apply.
Where the total development charges are less than £2,000, a fixed fee of £200 may apply instead.
47. Internal Use
King’s Lynn Website Design may use project materials internally for quality assurance, testing, staff training, troubleshooting and improvement of internal processes, provided confidential and personal information is handled appropriately.
48. Data Protection
Both parties shall comply with applicable UK data protection legislation.
Where King’s Lynn Website Design processes personal data on behalf of the Client, King’s Lynn Website Design will process that information only as reasonably necessary to provide the agreed services and in accordance with documented Client instructions and applicable legal requirements.
King’s Lynn Website Design may use appropriate sub-processors and service providers where reasonably necessary to deliver the services, subject to applicable data protection requirements.
The Client remains responsible for determining the lawful basis and purposes for personal data collected through its website or business systems unless otherwise expressly agreed.
49. Confidentiality
Each party shall keep genuinely confidential information obtained from the other party confidential and shall use it only as reasonably necessary for the purposes of the business relationship.
This obligation does not apply to information which:
- is already publicly available other than because of a breach of confidentiality;
- was already lawfully known to the receiving party;
- is independently developed without reference to the confidential information; or
- must be disclosed by law or regulatory requirement.
50. Non-Solicitation
During the provision of services and for 12 months afterwards, the Client shall not knowingly solicit for direct employment or direct engagement any employee, freelancer or subcontractor of King’s Lynn Website Design who was materially involved in providing services to the Client, without our prior written consent.
51. Suspension and Termination
King’s Lynn Website Design may suspend or terminate services where the Client:
- repeatedly fails to make payment when due;
- materially breaches these Terms and Conditions;
- uses our services unlawfully or abusively;
- creates a material security or technical risk;
- engages in fraudulent or seriously inappropriate activity; or
- otherwise creates a material risk to King’s Lynn Website Design, our suppliers or other customers.
Where reasonably practicable, King’s Lynn Website Design will provide notice and an opportunity to remedy the breach before termination.
52. Force Majeure
King’s Lynn Website Design shall not be liable for delay or failure to perform obligations caused by circumstances beyond our reasonable control.
Such circumstances may include major internet or hosting outages, cyberattacks, supplier failures, power failures, telecommunications failures, fire, flood, severe weather, natural disaster, government action, industrial disputes, war, civil disorder, epidemics or similar events.
53. Liability
Nothing in these Terms and Conditions excludes or limits liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot legally be excluded or limited.
Subject to the above, King’s Lynn Website Design shall not be liable for indirect or consequential losses, including loss of profit, revenue, business opportunity, anticipated savings, goodwill or reputation.
King’s Lynn Website Design’s total aggregate liability arising from or in connection with the relevant services shall, to the fullest extent permitted by law, be limited to the total amount paid by the Client to King’s Lynn Website Design for those relevant services during the 12 months immediately preceding the event giving rise to the claim.
54. Complaints and Disputes
If the Client has a complaint or dispute, it should first be raised with King’s Lynn Website Design in writing.
Both parties agree to make reasonable efforts to resolve disputes in good faith before commencing court proceedings.
Nothing in this section prevents either party from seeking urgent legal or injunctive relief where appropriate.
55. Assignment and Business Restructuring
King’s Lynn Website Design may assign, transfer or subcontract any of its rights or obligations under this agreement to Ely Website Design Ltd, another related business or a successor organisation in connection with a restructuring, sale, merger, transfer of business or operational change, provided this does not materially prejudice the Client’s service.
The Client may not assign or transfer its rights or obligations under this agreement to another person or legal entity without King’s Lynn Website Design’s prior written consent.
56. Notices
Where these Terms and Conditions require written notice, email is sufficient.
A notice sent by email will be treated as received when it has actually been received at the recipient’s most recently notified email address.
57. Variations
Any agreed variation to a project, service or contractual term should be confirmed in writing. Email is sufficient for this purpose.
58. Entire Agreement
The relevant quotation or proposal, agreed specification, written variations and these Terms and Conditions constitute the entire agreement between King’s Lynn Website Design and the Client in relation to the relevant services.
The parties do not rely upon statements, representations or assurances which are not incorporated into those documents.
59. No Waiver
If either party chooses not to enforce a right or contractual provision on one occasion, this shall not prevent that party from enforcing the same or any other right on a later occasion.
60. Third-Party Rights
Except where expressly stated otherwise, no person who is not a party to this agreement shall have any right to enforce its terms under the Contracts (Rights of Third Parties) Act 1999.
61. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision shall be treated as modified to the minimum extent necessary or, if necessary, removed, without affecting the validity of the remaining provisions.
62. Headings
Section headings are included for convenience only and do not affect the interpretation of these Terms and Conditions.
63. Governing Law and Jurisdiction
These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction in relation to any dispute or claim arising from the agreement.