Terms of Service

1. Introduction

Welcome to Chiswick Website Design ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website located at www.chiswickwebsitedesign.co.uk (the "Website") and all services provided by Chiswick Website Design, a trademark of NE1 Media LTD ("Services").

By accessing our Website or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Website or Services.

2. Definitions

In these Terms:

• "Client," "you," or "your" refers to the individual or business entity that has requested our Services.
• "Agreement" refers to the formal contract between Chiswick Website Design and the Client for the provision of Services.
• "Content" refers to all text, images, videos, graphics, and other materials that appear on the Website or are provided by you for inclusion in your website.
• "Project" refers to the specific website design, development, or maintenance services requested by the Client.

3. Services

Chiswick Website Design offers various website design, development, and maintenance services including:

• Website design and development
• Custom programming and application development
• Search engine optimization (SEO)
• Website maintenance and updates
• E-commerce website solutions
• Content management system (CMS) implementation

The specific Services to be provided will be outlined in a formal Agreement between Chiswick Website Design and the Client.

3.1 Project Timelines

While we strive to complete all Projects within the estimated timeframe, we cannot guarantee specific completion dates. Timelines may vary based on project complexity, client feedback turnaround time, and other factors outside our control.

3.2 Project Scope

Any work requested by the Client that falls outside the agreed scope of the Project may be subject to additional charges at our standard rates. We will notify you before undertaking any such work.

4. Client Responsibilities

To ensure the successful completion of your Project, you agree to:

• Provide all necessary information, content, and materials required for the Project in a timely manner.
• Review and provide feedback on our work within the agreed timeframe.
• Obtain all necessary permissions, licenses, or consents for any content provided to us for use in the Project.
• Pay all agreed fees according to the payment schedule outlined in the Agreement.
• Comply with all applicable laws and regulations related to your website and online presence.

5. Payment Terms

Our payment terms include:

• A non-refundable deposit of 50% of the total Project fee is required before work commences.
• The remaining balance is due upon completion of the Project and before the website goes live.
• For ongoing maintenance services, payments are due according to the schedule outlined in your Agreement.
• Late payments may be subject to interest charges at a rate of 8% per annum above the Bank of England base rate.
• All prices are quoted in British Pounds Sterling (GBP) and exclude VAT where applicable.

6. Intellectual Property Rights

6.1 Client Content

You retain ownership of any content you provide to us for use in your website. By providing this content, you grant us a non-exclusive license to use, reproduce, and modify it solely for the purpose of providing our Services to you.

6.2 Our Work

Until final payment is received in full, we retain ownership of all designs, code, and other materials created for your Project. Upon receipt of final payment, you will receive a license to use the completed website for the purposes outlined in our Agreement.

6.3 Third-Party Materials

Your website may incorporate third-party materials such as plugins, themes, stock images, or fonts. These materials are subject to their respective licenses and terms of use, which may restrict how you can use, modify, or distribute your website.

7. Confidentiality

We agree to keep confidential any information marked as such or reasonably considered to be confidential. This includes business plans, customer details, and other proprietary information. However, we may disclose such information if required by law or with your written consent.

8. Website Hosting

If we provide hosting services:

• We will make reasonable efforts to ensure server uptime but cannot guarantee 100% availability.
• We reserve the right to temporarily suspend hosting services for maintenance purposes.
• We are not responsible for any damages or losses resulting from server downtime or data loss.
• You are responsible for maintaining backups of your website and data, even if we provide backup services as part of our offering.

9. Termination

Either party may terminate the Agreement under the following conditions:

• If either party breaches a material term of the Agreement and fails to remedy such breach within 14 days of receiving written notice.
• If either party becomes insolvent, enters into administration, or ceases to conduct business.

Upon termination:

• You must pay for all Services provided up to the date of termination.
• If terminated by us due to your breach, the full Project fee remains payable.
• If terminated by you without cause after work has commenced, the deposit is non-refundable, and additional payments may be required for work completed.

10. Limitation of Liability

To the maximum extent permitted by law:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services.
• Our total liability for any claim arising from or related to the Agreement shall not exceed the total amount paid by you for the Services.
• We are not liable for any content provided by you or any third party, or for any actions taken by users of your website.
• We make no warranties about the results you may achieve from using our Services.

11. Indemnification

You agree to indemnify and hold harmless Chiswick Website Design, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising from:

• Your breach of these Terms or the Agreement.
• Content provided by you for use in your website.
• Your use of the website we create for you.
• Your violation of any laws or regulations in connection with your website.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our Website. Your continued use of our Services after any changes indicates your acceptance of the new Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.

15. Portfolio Rights

Unless otherwise agreed in writing, we reserve the right to display and link to your completed website as part of our portfolio and to use it for promotional purposes.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Chiswick Website Design
Email: info@chiswickwebsitedesign.co.uk
Phone: 07946 391 098
Address: Chiswick, London W4