Last Updated: February 16, 2025
1.1. In these Terms of Service ("Terms"), the following definitions apply:
- "Company," "we," "our," or "us" refers to Design & Host
- "Client," "you," or "your" refers to any individual or entity purchasing or using our services
- "Services" refers to website design, development, hosting, digital marketing, and related services
- "Deliverables" refers to any websites, designs, code, or marketing materials created for clients
- "Content" refers to any text, images, videos, or other materials provided by the client
- "Platform" refers to our website and service delivery infrastructure
- "Campaign" refers to any digital marketing or advertising initiatives
- "Agreement" refers to these Terms and any supplementary contracts
2.1. By engaging our services, you acknowledge that:
- You have read and understand these Terms
- You have the authority to bind yourself or your organisation to these Terms
- You agree to be bound by all provisions contained herein
- You are at least 18 years of age or the legal age of majority in your jurisdiction
2.2. If you disagree with any part of these Terms:
- Do not use our services
- Terminate any existing service agreements according to the cancellation procedures
- Contact us immediately to resolve any concerns
3.1. Website Design and Development
- Custom website design and development services
- Responsive design implementation
- User interface and user experience design
- Content management system implementation
- E-commerce solution development
- Website maintenance and updates
- Custom functionality development
- Cross-browser compatibility testing
- Mobile optimization
3.2. Hosting Services
- Website hosting on secure servers
- SSL certificate management
- Regular backup services
- Security monitoring
- Performance optimization
- Database management
- Email hosting (if applicable)
- Domain management assistance
3.3. Digital Marketing Services
- Search engine optimization (SEO)
- Pay-per-click advertising
- Social media marketing
- Content marketing
- Email marketing campaigns
- Analytics and reporting
- Display advertising
- Retargeting campaigns
4.1. Project Initiation
- Services commence upon receipt of signed agreement
- Receipt of initial payment as specified in the payment schedule
- Provision of necessary client materials and information
- Completion of project briefing and requirements gathering
4.2. Development Process
- Initial concept presentation
- Revision rounds as specified in individual agreements
- Development milestone approvals
- Testing and quality assurance
- Final delivery and launch
4.3. Timeline Modifications
- Timelines may be extended due to:
- Client delays in providing feedback or materials
- Requested changes beyond initial scope
- Technical complications
- Force majeure events
- Third-party delays
- Timeline extensions will be communicated in writing
5.1. Fee Structure
- All fees are specified in advance in written agreements
- Fees are quoted in GBP
- Additional services will be quoted separately
- Rush fees may apply for expedited services
5.2. Payment Schedule
- Initial deposit required before work begins
- Milestone payments as outlined in individual agreements
- Final payment due before launch or campaign initiation
- Recurring payments for hosting and maintenance services
5.3. Payment Methods
- Accepted payment methods specified in individual agreements
- Electronic transfers
- Credit card payments
- Other methods as agreed upon
5.4. Late Payments
- Services may be suspended for overdue payments
- Late payment fees apply after 10 days
- Interest accrues at 35.5% per month on overdue amounts
- Client responsible for collection costs
5.5. Non-Refundable Payments
- All payments are non-refundable once:
- Design work has commenced
- Development has begun
- Hosting services are activated
- Marketing campaigns are launched
- Third-party services are engaged
- Deposits are non-refundable under any circumstances
6.1. Hosting Uptime
- Target uptime of 99.99%
- Excludes scheduled maintenance
- Excludes force majeure events
- Maximum 0.01% unplanned downtime permitted
6.2. Scheduled Maintenance
- Performed during off-peak hours
- Minimum 48-hour advance notice
- Emergency maintenance as required
- Duration minimized where possible
6.3. Support Response Times
- Emergency issues: 0-1 hours
- High-priority issues: 1-2 hours
- Standard issues: 0-1 business days
- General inquiries: 0-1 business days
6.4. Problem Resolution
- Systematic approach to issue identification
- Regular status updates
- Escalation procedures as needed
- Post-incident analysis when applicable
7.1. Campaign Performance
- No guaranteed results or rankings
- No guaranteed return on investment
- No guaranteed advertising performance
- No guaranteed conversion rates
- No guaranteed traffic levels
7.2. Campaign Management
- Regular monitoring and optimization
- Monthly reporting
- Strategy adjustments as needed
- Budget management
7.3. Third-Party Platforms
- Subject to platform terms and conditions
- Subject to platform performance
- Subject to platform availability
- Subject to platform policy changes
8.1. Client Responsibilities
- Providing all necessary content
- Ensuring content ownership/rights
- Ensuring content accuracy
- Ensuring content legality
- Meeting content deadlines
8.2. Content Restrictions
- No illegal content
- No infringing content
- No harmful content
- No offensive content
- No misleading content
8.3. Content Review
- Right to refuse inappropriate content
- Right to remove violating content
- Right to request content modifications
- Right to suspend services due to content issues
9.1. Ownership
- Client retains rights to provided content
- Company retains rights to custom code
- Company retains rights to design elements
- Company retains rights to proprietary tools
- Third-party elements subject to respective licenses
9.2. License Grants
- Limited license to use deliverables
- Non-transferable license
- Non-exclusive license
- Territory-specific limitations if applicable
- Usage restrictions as specified
10.1. General Limitations
- No liability for indirect damages
- No liability for consequential damages
- No liability for special damages
- No liability for punitive damages
- Maximum liability limited to fees paid
10.2. Specific Exclusions
- Third-party service failures
- Internet connectivity issues
- Browser compatibility issues
- Client-side technical issues
- Force majeure events
10.3. Security Incidents
- No liability for unauthorized access
- No liability for data breaches
- No liability for malware infections
- No liability for phishing attacks
- Best-effort security measures only
11.1. Client Indemnification
- Indemnify against content claims
- Indemnify against usage claims
- Indemnify against infringement claims
- Indemnify against violation claims
- Cover all legal costs
11.2. Procedure
- Prompt notification of claims
- Cooperation in defense
- Right to assume defense
- Settlement restrictions
- Ongoing obligation
12.1. Term
- Begins upon agreement acceptance
- Continues until project completion
- Renewable for maintenance services
- Subject to minimum commitments
- Auto-renewal terms if applicable
12.2. Termination
- Written notice required
- Notice period requirements
- Payment obligations continue
- Transition assistance available
- Data handling procedures
13.1. Confidential Information
- Business information protection
- Technical information protection
- Client information protection
- Project information protection
- Pricing information protection
13.2. Security Measures
- Physical security controls
- Digital security controls
- Access restrictions
- Employee training
- Incident response procedures
14.1. Process
- Good faith negotiation
- Mandatory mediation
- Binding arbitration
- Jurisdiction selection
- Governing law
14.2. Costs
- Each party bears own costs
- Arbitration costs shared
- Court costs as awarded
- Attorney fees as awarded
- Expert fees as incurred
15.1. Modifications
- Right to modify terms
- Notice of modifications
- Continued use equals acceptance
- Right to reject changes
- Termination options
16.1. Covered Events
- Natural disasters
- War or terrorism
- Government actions
- Pandemics
- Infrastructure failures
16.2. Response
- Prompt notification
- Mitigation efforts
- Service adjustments
- Timeline modifications
- Termination rights
17.1. Severability
- Invalid provisions severable
- Remaining terms enforceable
- Replacement provisions
- Interpretation guidelines
- Legal compliance
17.2. Assignment
- No assignment without consent
- Successor requirements
- Notice of assignment
- Rights preservation
- Obligations continuation
17.3. Entire Agreement
- Supersedes prior agreements
- Integration clause
- Amendment requirements
- No oral modifications
- Written modifications only
For any questions or concerns regarding these Terms, please contact:
Design & Host
CEO@hostdesign.co.uk
24 Hours of Operation
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.