Web Design / Development

The following terms and conditions apply to all website development/design services provided by The Website Space Ltd to the Client. 

 

1. Acceptance 

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. 

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions. 

 

2. Charges 

Charges for services to be provided by The Website Space Ltd (TWS) are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 30 days. The Website Space Ltd reserves the right to alter or decline to provide a quotation after the expiry of the 60 days. 

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) per cent, of the project quotation total before the work is supplied to the Client for review with the remaining fifty (50) per cent, of the project quotation total due upon completion of the work, or after 31 days from the initial payment, whichever is sooner, prior to upload to the server or release of materials. 

Payment for services is due by bank transfer. Bank details will be made available on invoices. 

All payments made to The Website Space Limited are non-refundable. If The Website Space Limited decides to issue a refund this will be paid via BAC’s within 28 days of the refund confirmation email being sent by The Website Space Limited.

 

3. Client Review 

The Website Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies The Website Space Ltd otherwise within ten (10) days of the date the materials are made available to the Client. 

 

4. Turnaround Time and Content Control 

The Website Space Ltd will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon TWS receiving initial payment, unless a delay is specifically requested by the Client and agreed by TWS. 

In return, the Client agrees to delegate a single individual as a primary contact to aid The Website Space Ltd with progressing the commission in a satisfactory and expedient manner. 

During the project, TWS will require the Client to provide website content; text, images, movies and sound files etc. to populate the website. 

 

5. Failure to provide the required website content: 

TWS is a small business, to remain efficient we must ensure that the work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. 

If you agree to provide us with the required information and subsequently fail to do it before the agreed time, one (1) week prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go-ahead to start until you are ready to do so. 

TWS agree to make periodical updates to any sites commissioned and hosted by TWS. This is subject to a fair usage clause. TWS reserve the right to refuse to update websites if such requests exceed 3 hours of development time per site per annum. 

 

NOTE: Text content should be delivered as Apple Pages, Google Docs, Microsoft Word, PDF file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this. 

If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself. 

 

6. Payment 

Invoices will be provided by TWS upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty per cent (20%) or £30 per month of the total amount due, whichever is greater. 

 

7. Additional Expenses 

The client agrees to reimburse TWS for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials. 

 

8. Web Browsers 

TWS makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Safari, Google Chrome, etc.). The client agrees that TWS cannot guarantee correct functionality with all browser software across different operating systems. 

TWS cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, TWS reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software. 

 

9. Default 

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on The Website Space Ltd webspace, TWS will, at its discretion, remove all such material from its web space. TWS is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay The Website Space Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by The Website Space Ltd in enforcing these Terms and Conditions. 

 

10. Termination 

Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days. 

 

11. Indemnity 

All TWS services may be used for lawful purposes only. You agree to indemnify and hold TWS harmless from any claims resulting from your use of our service that damages you or any other party. 

 

12. Copyright 

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants The Website Space Ltd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting TWS permission and rights for use of the same and agrees to indemnify and hold harmless TWS from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to TWS that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. 

 

13. Standard Media Delivery 

Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on a USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by The Website Space Ltd to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed. 

 

14. Design Credit 

A link to The Website Space Ltd will appear in either small type at the bottom of the Client’s website. We shall not provide a link if we are hired as a white-label service. If a client requests that the link be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than £500, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in The Website Space Ltd’s portfolio. 

 

15. Access Requirements

If the Client’s website is to be installed on a third-party server, The Website Space Ltd must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. 

 

16. Post-Placement Alterations 

The Website Space Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. 

 

17. Domain Names 

The Website Space Ltd can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the TWS. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of TWS. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. 

 

18. General 

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions. 

 

19. Governing Law 

This Agreement shall be governed by English Law. 

 

20. Liability 

The Website Space Ltd hereby excludes itself, its Employees and or Agents from all and any liability from: 

Loss or damage caused by any inaccuracy; 

Loss or damage caused by omission; 

Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site; 

Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise. 

The entire liability of The Website Space Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen. 

 

21. Sever-ability 

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.

 

 

SEO PROJECT TERMS & CONDITIONS

 

The Website Space Limited (“the Agency”)  

Your Company (“the Client”) 

 

1. Interpretations

1.1 Unless the context otherwise admits words importing one gender shall include all other genders and words importing the singular shall include the plural and vice versa. 

1.2 Reference to any statutory provisions in this Agreement shall include any statutory provisions, which amends or replaces it. 

 

2. Outline of Agreement

2.1 This Agreement details the terms and conditions agreed between the Parties for the services provided by the Agency to the Client hereinafter known as the “Project”.

 

3. Detailed Project Specification

3.1 The Parties have agreed a detailed Project specification as defined in Schedule One of this Agreement. 

3.2 Any amendments proposed to this Project specification must be made in writing and delivered to the other party. Either party is entitled to request a meeting to discuss such amendments. 

3.3 If such proposed amendments incur additional expense the Agency is entitled to seek further payment to cover such expense. 

 

4. Fees

4.1 The Client will pay the agreed fees to the Agency as defined in Schedule Two of this Agreement. 

4.2 The Agency will invoice the Client and the Client will pay the invoice(s), including Value Added Tax, (VAT) at the prevailing rate according to the terms of payment detailed on the invoice(s). 

4.3 The Agency will require payment at the start of each billing period i.e. The full invoiced amount will be charged at the start of the month for that months SEO work.

4.4 Where the Agency provides on-going SEO services to the Client such services will be invoiced monthly to the Client, payment to be made by the Client according to the terms stated on each invoice.

4.5 Where the Client is late making payment the Agency reserves the right under the Late Payment of Commercial Debts Regulations 2013 to charge interest at the Bank of England base rate at the time the debt became due plus 8%. The Agency also reserves the right under the regulations to add a fixed charge penalty as detailed by the regulations to cover costs. These costs exclude any further legal or enforcement costs incurred by the Agency in obtaining payment.

 

5. Expenses

5.1 The Client will pay the expenses incurred by the Agency during the Project, including travel to the offices of the Client where required, the purchase of computer consumables required for the Project and such other reasonable expenses directly related to the Project. 

5.2 The Agency will inform the Client in writing in advance if significant expenses not covered by clause 5.1 have to be incurred during the Project. 

 

6. Project Release

6.1 On leaving the Agency will not be undertaking further work related to the Project. The Agency may however undertake additional paid work as requested by the Client either directly or indirectly related to the completed Project. Such work to be undertaken under the standard terms of business of the Agency. 

 

7. Website Access, Data & Third-Party Data

7.1 Where required and requested by the Agency for the effective completion of the Project the Client will provide access details (technical information, username & passwords) required to access the Client’s website. Including access via File Transfer Protocol (FTP) and where necessary Secure Shell (SSH).

7.2 The Client will provide the Agency with the necessary levels of access and permissions to both the website and the Client’s server or server space required to perform the tasks outlined under this Agreement.

7.3 Where applicable and where available the Agency may request access details to third-party services used by the Client, where such services can provide further information in the completion of the Project. For example access to Google Analytics and/or Google Webmaster tools.

7.4 The Agency will not be responsible for any delays, missed milestones (where specified in the Project) or additional expenses incurred due to the late delivery or non-delivery of requested website access and data by the Client where required by the Agency for the Project. 

 

8. Notice

8.1 Any notice given by either of the parties under this Agreement shall be served on the other party and addressed to that party’s signatory by email, personal delivery, pre-paid recorded delivery, first-class post, or fax transmission to the receiving party as set out in this clause 8:  

8.2 Any such notice shall be deemed to be effectively served as follows: 

8.2.1 In the case of service by pre-paid recorded delivery or first-class post 48 hours after posting. 

8.2.2 In the case of service by email, or fax transmission on the next working day. 

 

9. Confidentiality

9.1 Both parties shall keep confidential the specific terms of this Agreement and Project and not disclose them save to such employees or contractors as need to know the relevant information for the purposes of performing the Project detailed in this Agreement. The parties agree that all information marked “Confidential”, or where not marked it is reasonable to judge such information as confidential, shall not be disclosed at any time during the Project or for a minimum period of 2 years after the completion of the Project, except where such disclosure is required by law or by order of a court in the jurisdiction of England. Where enforceable the parties further agree that all information marked as a “Trade Secret” and reasonably judged to constitute a trade secret shall not be disclosed at any time during or after the expiry of this Agreement, except where such disclosure is required by law or by order of a court in the jurisdiction of England. Confidential information and Trade Secrets shall consist of, but not necessarily be limited to: technical, commercial, financial, operational, marketing or promotional information or data.  

9.2 Furthermore the Agency shall not use, reuse, collate or aggregate any data from the Client’s website(s), server(s) or third-party services used by the Client in order to benefit (directly or indirectly) the Agency or any current or future clients of the Agency.

 

10. Credits and Publicity

10.1 The Client shall be able to refer to their working relationship with the Agency for press and publicity purposes after receiving the written approval of the Agency regarding the content of any such material. 

10.2 The Agency shall be able to refer to their working relationship with the Client for press and publicity.

 

11. Intellectual Property Rights

11.1 The Client warrants that they own all the intellectual property in the content and materials on their website or have secured the appropriate licences, clearance or consents for the same, where required. 

11.2 Intellectual property includes, (but is not limited to) copyright, trademarks, service marks, design rights, trade dress, database rights, domain names, topography and both the visual look and feel of the website and the underlying code.

11.3 Neither party shall make any claim to the other party’s content, materials, services or intellectual property during or after the expiry of this Agreement. 

11.4 Neither party shall make any claim to the other party’s trademarks or register or cause to be registered or apply for a materially similar trademark or imitation of a trademark during or after the expiry of this Agreement. 

11.5 Neither party shall register or cause to be registered any company name materially similar to that of the other party. 

11.6 Neither party shall register or cause to be registered any domain name materially similar to that of the other party, except where the Client specifically requests that the Agency register domain names similar to that of the Client’s on behalf of the Client in order to prevent their registration and use by third parties. In this case, all reasonable fees and expenses incurred in the registration of such domain names shall be payable by the Client as part of the Project cost. On payment of the Project fees and signing of the Project Release Form by the Client, the Agency undertakes to transfer all registration details, including but not limited to technical and administrative details and title to the registered domain names to the Client.  

 

12. Warranties

12.1 The Client confirms that to the best of their knowledge and belief that the content and materials supplied by the Client for the purposes of the Project are not blasphemous, defamatory or obscene and do not breach any applicable law or regulation.  

 

13. Indemnities and Limitation of Liability

13.1 Neither party shall be liable to the other under this Agreement in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential or loss whatsoever. 

13.2 The Client agrees to indemnify the Agency against any claims, damages, losses, costs and expenses which the Agency may sustain or incur in relation to any content and materials which the Client provides, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights. 

13.3 The Client acknowledges that it is for the Client to ensure their website does not infringe the laws of any jurisdiction within which it is actively promoted. 

13.4 The Agency agrees to indemnify the Client against any claims, damages, losses, costs and expenses which the Client may sustain or incur in relation to breaches of clauses 9 and 11 of this Agreement committed by the Agency.  

13.5 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees. 

 

14. Search Engine Changes

14.1 All the major search engines, (Google, Bing, Yahoo, etc.) make regular changes to their search algorithms. These changes can have a minor or major impact on any site, including the Client’s website. The impact can be positive or negative, meaning sites can rise or fall within a search index. It is, therefore, important to remember that SEO is an ongoing marketing strategy. As an Agency we use our expertise to minimise any negative impact and maximise any positive impact that any change can have. However, it is important to note that the Agency has no control or influence over any algorithm changes made by any search engine, as such the Agency cannot be held liable for any negative impact caused by any such change.

 

15. Termination

15.1 Either party may terminate this Agreement immediately in the event that: 

15.1.1 Either party commits a serious, grave or material breach or persistent breaches of this Agreement including non-performance, default or neglect of their respective duties, responsibilities and obligations under this Agreement, and 

15.1.2 Such breach remains unremedied for a period of 30 days from the written notice given by the other party specifying the breach and requiring it is remedied.  

15.2 Furthermore this Agreement may be terminated in the event that: 

(a) Either party is unable to pay or has no reasonable prospects of paying their debts the amount or aggregate amount of which equals or exceeds the bankruptcy level within the meaning of the Insolvency Act 1986, or 

(b) Being a company becomes subject to an administration order or goes into liquidation, (other than for the purpose of amalgamation or reconstruction), or 

(c) Has a receiver appointed to administer any of their property or assets, or

(d) Ceases or threatens to cease to carry on business, or 

(e) Makes any voluntary agreement or enters into a compromise for the benefit of their creditors, or

(f) Fails to make payment in accordance with the terms of this Agreement. 

15.3 On the termination of this Agreement the Client will pay to the Agency all outstanding unpaid invoices and any interest due on such. If the Agency has not invoiced the Client the Agency will immediately issue an invoice for all unpaid work, the Client will pay such invoice immediately on receipt.

15.4 Any Project work that remains unpaid by the Client remains the property of the Agency and must be returned to the Agency. Furthermore, the Client shall not retain any copies of the returned Project work, or parts thereof.

15.5 Any termination of this Agreement shall be without prejudice to any rights accrued in favour of either party in respect of any breach committed prior to the date of (or giving rise to) such termination and to those provisions of this Agreement which are by their construction intended to survive such termination (including, without limitation, clauses 9, 11, 19 and this clause 15). 

 

16. Assignment

16.1 Neither party may assign or otherwise transfer this Agreement or any rights, duties and obligations hereunder without the prior consent in writing of the other party.

 

17. Force Majeure

17.1 Neither party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by any circumstances beyond their reasonable control, including but not limited to Acts of God, war, civil disorder or industrial disputes.  If such delay or failure continues for a period of at least Sixty (60) days the party not subject to the force majeure shall be entitled to terminate this Agreement by written notice to the other.

 

18. Joint Venture or Partnership

18.1 Nothing in this Agreement shall be construed as creating a partnership, joint venture or an agency relationship between the parties and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party.  

 

19. Non-Solicitation

19.1 The Client undertakes during the Project and for a period of six months after completion of the Project not to directly or indirectly solicit or induce any of the Agency’s employees to leave the employment of the Agency whether to work on a freelance or consultancy basis or to be directly employed by the Client. 

 

20. General

20.1 Failure by the Agency to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless the Agency acknowledges the waiver in writing. 

20.2 The paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

20.3 No addition to or modification of any clause in this Agreement shall be binding on the parties unless made by a written instrument and signed by the signatories to this Agreement or their duly authorised representatives.  

20.4 This Agreement sets out the entire agreement and understanding of the parties and is in substitution of any previous written or oral agreements between the parties. 

 

21. Jurisdiction

21.1 This Agreement shall be interpreted construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. 

 

Hosting Terms & Conditions

 

1. Conditions

These Conditions shall form the basis of the contract between The Website Space Ltd and the Client in relation to the sale of Services, to the exclusion of all other terms and conditions including the Client’s standard conditions of purchase or any other conditions which the Client may purport to apply under any purchase order or confirmation of order or any other document.

All orders for Services shall be deemed to be an offer by the Client to purchase Services from The Website Space Ltd pursuant to these Conditions.

Commencement of the Services shall be deemed to be conclusive evidence of the Client’s acceptance of these Conditions.

These Conditions may not be varied except by the written agreement of a director of The Website Space Ltd.

These Conditions represent the whole of the agreement between TWS and the Client. They supersede any other conditions previously issued.

 

2. Price

The Price shall be the price quoted on the Quote.

 

3. Payment and Interest

Payment will become due and payable upon receipt of the invoice (when the DD payment will be taken).

Payment is to be made via direct debit using our preferred collection service GoCardless. Details will be sent to you to set up the Direct Debit.

Interest on overdue invoices shall accrue from the date when payment becomes due calculated in line with the Late Payment of Commercial Debts (Interest) Act 1998. Such interest shall accrue after as well as before any judgement.

 

4. Warranties

The Website Space Ltd warrants that the Services shall:

  • conform with their description;
  • be of satisfactory quality with the meaning of the Sale of Goods Act 1979;
  • be fit for any purpose held out by The Website Space Ltd; and
  • be carried out in accordance with the Supply of Goods and Services Act 1982.

The Website Space Ltd warrants that any Services performed shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.

 

5. Supply of Services

The Website Space Ltd shall provide the Services to the Client.

The Website Space Ltd shall use all reasonable endeavours to meet any performance dates for the Services specified in the Quote, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.

The Website Space Ltd shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Client shall notify TWS in any such event.

Service requests and change requests from the Client must be submitted at least 5 Working Days in advance of the requested time of work.

All Services are supplied within Business Hours unless other agreements are in place. If work is carried outside of Business Hours at The Website Space Ltd, we may request additional charges to be made payable.

 

6. Client’s obligations

The Client shall:

  • Ensure that the terms of the Quote are complete and accurate as per their requirements;
  • Co-operate with The Website Space Ltd in all matters relating to the Services;
  • Provide The Website Space Ltd with such information and materials as The Website Space Ltd may reasonably require to supply the Services, and ensure that such information is accurate in all material respects;

 

If The Website Space Ltd’s performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Client Default):

  • The Website Space Ltd shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays The Website Space Ltd’s performance of any of its obligations;
  • The Website Space Ltd shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from The Website Space Ltd’s failure or delay to perform any of its obligations as set out in this clause 7.2; and
  • The Client shall reimburse The Website Space Ltd on written demand for any costs or losses sustained or incurred by The Website Space Ltd arising directly or indirectly from the Client Default.

 

7. Intellectual Property Rights

All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by The Website Space Ltd.

The Client acknowledges that in respect of any third party Intellectual Property Rights in the Services, the Client’s use of any such Intellectual Property Rights is conditional on The Website Space Ltd obtaining a written licence from the relevant licensor on such terms as will entitle The Website Space Ltd to license such rights to the Client.

The Website Space Ltd may in its sole discretion develop, use, market and license any products or services that are similar or related to those developed or performed for the Client, provided that The Website Space Ltd does not use any of the Clients confidential information for that purpose. The Website Space Ltd shall not be required to disclose to the Client information concerning any developments that The Website Space Ltd considers confidential.

 

8. Limitation of Liability

Nothing in these Conditions shall limit or exclude The Website Space Ltd’s liability for:

  • Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
  • Fraud or fraudulent misrepresentation;
  • Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
  • Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  • Defective products under the Consumer Protection Act 1987.
  • The Website Space Ltd shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
  • The Website Space Ltd’s total liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £500.

 

After the Warranty Period, the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

 

9. Termination

Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:

  • the other party commits a material breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within 15 days after receipt of notice in writing to do so;
  • the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
  • the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
  • a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of that other party;
  • The other party (being an individual) is the subject of a bankruptcy petition or order;
  • a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
  • An application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
  • The holder of a qualifying charge over the assets of the other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
  • A person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
  • any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 15.1.2 to clause 15.1.9 (inclusive);
  • The other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business;
  • the other party’s financial position deteriorates to such an extent that in The Website Space Ltd’s opinion the Client’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or
  • The other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

 

Without limiting its other rights or remedies, The Website Space Ltd may terminate the Contract with immediate effect by giving written notice to the Client if the Client fails to pay any amount due under this Contract on the due date for payment.

Without limiting its other rights or remedies, The Website Space Ltd may suspend the supply of Services under the Contract or any other contract between the Client and The Website Space Ltd if the Client fails to pay any amount due under this Contract on the due date for payment, the Client becomes subject to any of the events listed in clause 10.1.2 to clause 10.1.13, or The Website Space Ltd reasonably believes that the Client is about to become subject to any of them.

 

10. On termination of the Contract for any reason:

  • The Client shall immediately pay to The Website Space Ltd all of The Website Space Ltd’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, The Website Space Ltd shall submit an invoice, which shall be payable by the Client immediately on receipt;
  • the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry;
  • Clauses that expressly or by implication have effect after termination shall continue in full force and effect.

 

11. Force Majeure

For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of The Website Space Ltd including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of The Website Space Ltd or any other party), failure of a utility service or transport network, an act of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.

The Website Space Ltd shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

If the Force Majeure Event prevents The Website Space Ltd from providing any of the Services and/or Goods for more than 2 weeks, The Website Space Ltd shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Client.

 

General

 

12. Notices

Any notice or other communication was given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause and shall be delivered personally or sent by prepaid first-class post or other next Working Day delivery service, or by commercial courier or email.

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action

 

13. Waiver

A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

14. No partnership or agency

Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

 

15. Third parties

A person who is not a party to the Contract shall not have any rights to enforce its terms.

This Contract contains the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.

 

16. Variation

Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by The Website Space Ltd.

 

17. Governing law 

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

18. Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

 

19. Data Protection 

You consent to the computer storage and processing of your personal data by us and to the transmission of this data across the company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control.

 

20. General Data Protection Regulation (GDPR)

As a Data Controller, the Client is required to issue any Processors (such as The Website Space Ltd) with a Data Processing Agreement. If there is no Data Processing Agreement then the following statement/terms apply:

We (the Processor/The Website Space Ltd) will only backup your (website/server) data that we have access to if we are hosting your data on one of our servers OR The Website Space Ltd explicitly defines that this is being done as part of a Service. Otherwise, you (the Client/Controller) are responsible for backing up your own data.

This agreement shall be governed exclusively in accordance with the national law of the Member state in which The Website Space is established.

The Data Processor will only act on the written instructions of the Data Controller, including with regard to transfers of personal data to a third country or an international organisation unless required to do so by Union or Member State law to which the Processor is subject; in such a case, the Processor shall inform the Controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.

The Data Processor will ensure that people processing the data are subject to a duty of confidence.

The Data Processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

The Data Processor will assist the Data Controller in providing subject access and allowing data subjects to exercise their rights under the GDPR.

The Data Processor will assist the Data Controller in meeting its GDPR obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments

The Data Processor will delete or return all personal data to the Data Controller if requested at the end of the contract. The Data Processor may retain Data Controller Personal Data to the extent required by Data Protection Legislation and only to the extent and for such period as required by Data Protection Legislation and always provided that the Processor and any sub-processor shall ensure the confidentiality of all such Controller Personal Data and shall ensure that such Controller

Personal Data is only processed as necessary for the purpose(s) specified in the Data Protection Legislation requiring its storage and for no other purpose.

The Data Processor will submit to audits and inspections, provide the controller with whatever information it needs to ensure that they are both meeting their Article 28 obligations, and tell the controller immediately if it is asked to do something infringing the GDPR or other data protection law of the EU or a member state.

Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.

Our Reviews

See All Reviews

I highly recommend The Website Space

"The Website Space has brought so much more to our business than just a fully functioning and beautiful website. Oliver and the team took the time to understand my business and were not afraid to make suggestions as to how I could improve functionality and automation across many areas of business, linked to a website; systems and SEO.I highly recommend The Website Space and look forward to continuing to work with the team."

Charlotte Turns
Foster London

We can't recommend Oliver and TWS highly enough!

"We can't recommend Oliver and TWS highly enough! He's been looking after our website and SEO for about 9 months now and is real a breath of fresh air. He's knowledgeable, accommodating and always responds quickly to any requests. We have struggled to find reliable and effective website services but are now pleased to have found TWS. They have been a pleasure to work with."

Clare Lillywhite
Stricklands Dental Fitness Centre

Oliver is an absolute legend!

"Oliver is an absolute legend! Trust me - it’s incredibly difficult finding a passionate, hardworking, reliable and talented web designer who offers incredible customer service. Oliver is all that and more. I hope that I will work with Oliver for years to come"

Christopher David Mitchell
Christopher David Mitchell

Professional, efficient and friendly

"The Website Space provides a great service. Professional, efficient and friendly. Oliver the principle of The Website Space has developed our website from start to finish. He has always been available to help us with any issues that we may have, and he has great patience dealing with dinosaurs! We highly recommend Oliver Hill and The Website space, for website development and ongoing support. John and Helen Dillon. David’s of Haslemere."

Helen Dillon
Davids Of Haslemere

Transformed our marketing material

"The Website Space have been a fantastic help to my business. They have been very creative and transformed our marketing material to give a fresh and clean brand image."

Dominic Wertheimer
Lornham

His work he did on my SEO was super quick, effective and the results were outstanding.

"Meeting Oli from The Website Space is one of the luckiest things that happened to me while I was setting up my businesses. He not only built me a superb website at a very reasonable cost, he supported me through the whole process. No task was ever too much and every task was dealt with pretty much immediately. I would and have highly recommend him to everyone I know who is looking for a help with or a new website. His work he did on my SEO was super quick, effective and the results were outstanding. You cannot go wrong with this company."

Tillie Fredericks
The Mustcard

Would thoroughly recommend them for all your website requirements.

"Started using Website Space last year when they rebuilt my 'e' commerce website and they continue to provide excellent hosting & very efficient back-up service. Would thoroughly recommend them for all your website requirements."

Brian Ryder
Trimmer Lines

Olly is always suggesting ways we can do this allowing us to stay fresh and current.

"Olly goes above and beyond our expectations. As a design company, we always need our Website to be cutting edge. Olly is always suggesting ways we can do this allowing us to stay fresh and current."

Amanda Baker
The Silkroad

He also did a fantastic job with my SEO, which has made a huge difference to my business.

"I consider Oliver at The Website Space to be part of the team! He's an absolute star who can be relied on 100% to keep my website running and up-to-date, and at a reasonable cost. He also did a fantastic job with my SEO, which has made a huge difference to my business. I have recommended The Website Space to several colleagues and will continue to do so."

Simon Clark
Simon Grand

They have developed a fantastic website where a large amount of our bookings come from

"The Website Space has been an integral part of growing my business - they have developed a fantastic website where a large amount of our bookings come from, and help us make the necessary updates as things grow and develop. The communication is fantastic, and their services are reasonably priced, and I would recommend them to any one. Many thanks!"

Jennifer Green
Jennifer Green Duo

Five star service from the Website Space, very proactive and nothing is a trouble

"Five star service from the Website Space, very proactive and nothing is a trouble. They handle both of our company websites. Great turnaround time and always accessible."

Andy Godley
The Lions Den

The website Space are great!

"The website Space are great! They built me a great website for my work portfolio and have given me great after care too. Would HIGHLY recommend them! 5"

Alexander Burrows
High Spec Decorating

TWS provide a phenomenal service in the fields of web design and SEO

"Ollie and TWS provide a phenomenal service in the fields of web design and SEO. From the start, every requirement was carefully listened to, with outstanding suggestions to complement our brief made regularly throughout. Exceptional value for money and a real pleasure to work with, I cannot recommend TWS highly enough to anyone seeking to improve and enhance the experience of their customers online."

Tom Newman
90MAAT

Couldn’t be happier with the service

"Couldn’t be happier with the service I have received from olile, from day one he’s always been on top of his game and keen to show his high standards of work and care towards his clients, I’m always recovering messages about new ideas and further ways to improve my business."

Jamie Baker
Jamie Baker Fitness

The Website Space is hands down the best one yet!

"The Website Space really helped my get my business up and running. I don't see TWS as an agency, i see Ollie and the team as an extension of my own company! They are so helpful and can solve literally any issue you throw at them! I have worked with a lot of agencies over the years, and The Website Space is hands down the best one yet! I trust them blindly with my website"

Alex Meears
Job Rocket

Thank you for our beautiful website!

"Thank you for our beautiful website!"

Richard Paterson
PAAC IT

It was a pleasure to work with them

"They quickly understood our needs and came up with some very good and effective design and SEO suggestions which helped us improve our site. It was a pleasure to work with them. "

Laurence Coady
Richdesk

I can highly recommend Oliver and his team

"I used The Website Space for the redesign of my company website and I can highly recommend Oliver and his team for their client orientated and very professional approach. Very pleased with the result! "

Olga Walker
GoodCause Travel

Would definitely recommend.

"I needed an urgent update of my outdated website in order to prevent it from going down following a hosting platform upgrade. I contacted Oliver and he quickly understood my requirements and produced an updated design incorporating the existing content. All work was completed ahead of schedule, thus avoiding any downtime and all comments and queries were dealt with quickly. Would definitely recommend. "

Fiona Gardener
Fiona Gardener

The Website Space was absolutely fantastic

"The Website Space was absolutely fantastic helping us build a website to launch a new side of our business - having a platform to deliver and sell online courses. Oliver went above and beyond advising and assisting in all areas which was invaluable to us because we really needed someone to 'hold our hand' throughout this whole process and also to leave us with some knowledge and skill to be able to use the system ourselves. I couldn't recommend The Website Space more highly. Fantastic service. "

Lucinda Newman
Fitness Runs in the Family