Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") set out the basis on which Samson Web Design Ltd ("we", "us", "our") provides services to our clients ("you", "your", "the Client"). We are a web design and hosting company based in West Sussex, United Kingdom, operating the website samsonwebdesign.co.uk.

By requesting a quote, placing an order, paying a deposit or invoice, or otherwise instructing us to begin work, you confirm that you have read, understood and agree to be bound by these Terms. If you are entering into these Terms on behalf of a business, you confirm that you have the authority to do so. You must be at least 18 years of age to use our services.

These Terms apply to all work we carry out for you and override any other terms you may seek to impose, unless we have agreed otherwise in writing. Where we provide you with a separate written proposal, quotation or order, these Terms apply alongside it. If there is any conflict, the specific terms of the written proposal or quotation take precedence for that project.

2. Definitions

In these Terms, the following words have the following meanings:

• Client, you, your: the person, business or organisation that orders services from us.
• We, us, our: Samson Web Design Ltd.
• Services: any of the services described in section 3, or any other services we agree to provide.
• Project: a defined piece of work, such as a website design and build, set out in a quotation or proposal.
• Quotation or Proposal: the written estimate, scope and price we provide for a Project.
• Deposit: the upfront payment required before work on a Project begins.
• Materials: the content, text, images, logos, branding, login details and other information you provide to us for use in your Project.
• Website: the website or web application we build or work on for you.
• Care Plan: a rolling monthly subscription for ongoing website maintenance and support.
• Hosting: the managed UK web hosting service we provide.
• Business Day: any day other than a Saturday, Sunday or public holiday in England and Wales.
• Third-Party Services: software, plugins, platforms or services supplied by parties other than us, such as payment gateways, plugins and licences.

3. Our Services

We provide a range of web design, development and hosting services. Depending on what you order, these may include:

• Bespoke website design and build: custom WordPress and WooCommerce websites designed and built to your requirements.
• One-off fixes: error troubleshooting, hacked-site repair and rescue, speed optimisation, and amendments to existing websites.
• Managed UK hosting: hosting your website on our UK-based servers.
• WordPress Care Plans: rolling monthly subscriptions covering updates, security, backups and support.
• Domains: registration, renewal and management of domain names.
• AI consulting: advice and implementation support relating to artificial intelligence tools and workflows for your business.

The exact services included in any engagement are set out in your Quotation, Proposal or plan description. We will provide all Services with reasonable care and skill.

4. Quotes, Fees and Payment

Quotations

We will provide a written Quotation or Proposal for Project work. Unless stated otherwise, a Quotation is valid for 30 days from its date of issue. A Quotation is based on the requirements known to us at the time. If the requirements change, or if information you provide later affects the scope, the price may be revised and we will tell you before continuing.

VAT

All prices are exclusive of VAT unless stated otherwise. Where VAT applies, it will be added at the prevailing rate (currently 20%) and shown on your invoice.

Deposits and stage payments

For website design and build Projects, a deposit is normally required before work begins. Unless agreed otherwise in your Proposal, the deposit is 50% of the total Project fee, with the balance due on completion and before the Website is made live or transferred to you. For larger Projects we may agree stage payments tied to agreed milestones. Deposits are non-refundable once work has commenced, except as set out in section 11.

Invoices and payment terms

Payment is due within 14 days of the date of the invoice unless a different period is agreed in writing. Hosting fees, domain fees, Care Plan fees and any costs we incur on your behalf (such as plugin licences or third-party services) are payable in advance. We accept payment by the methods stated on your invoice. Care Plan and other subscription fees are charged automatically on a recurring basis on the relevant billing date.

Late payment

If an invoice is not paid by its due date, we may:

• charge interest on the overdue amount at 4% per year above the Bank of England base rate, accruing daily from the due date until payment is received;
• suspend work on your Project or suspend your Services, including Hosting and Care Plans;
• withhold the release of files, the Website, domains or hosting access until payment is received in full.

We reserve the right to recover reasonable costs incurred in pursuing overdue payments.

5. Client Responsibilities

To allow us to deliver your Services on time and to a high standard, you agree to:

• provide all Materials (text, images, logos, branding and other content) in a usable digital format and in good time;
• provide accurate and complete information, and ensure you own or have the right to use all Materials you supply;
• provide timely access to any accounts, hosting, domains, software or systems we need;
• respond to our questions, provide feedback and approve work within a reasonable time, normally within 5 Business Days of a request;
• nominate a single point of contact with authority to give approvals and instructions;
• review and test the Website during development and at completion, and tell us promptly of any issues.

You are responsible for the accuracy of your Materials and for ensuring they comply with the law and do not infringe the rights of any third party. We are not responsible for proofreading content unless we have agreed this in writing. If delays are caused by you not meeting these responsibilities, we are not liable for any resulting delay to the Project, and additional fees may apply.

6. Project Timelines and Delays

We will give you an estimated timescale for your Project, normally measured from the date you provide all required Materials and the deposit. Timescales are estimates and are not guaranteed. Time is not of the essence unless we have expressly agreed a fixed deadline in writing.

Most delays are caused by content, feedback or approvals not being provided on time. We are not responsible for delays caused by you, by third parties, or by events outside our reasonable control. If a Project stalls because we are waiting on you, we reserve the right to pause work and reschedule it around our other commitments, and the balance of any agreed fees may become payable.

7. Revisions, Changes and Scope

Each Project includes a reasonable number of revision rounds, as set out in your Proposal. Revisions are intended to refine the agreed design, not to change its direction. If you request changes that go beyond the agreed scope, such as new pages, new functionality, additional features or a substantial redesign, these are treated as additional work and will be quoted and charged separately.

We will always tell you before carrying out chargeable additional work, and we will not proceed without your approval. Any changes to scope, price or timescale will be confirmed in writing.

8. One-Off Fixes and Our "No Fix, No Fee" Approach

We offer one-off services including error troubleshooting, hacked-site repair and rescue, speed optimisation and amendments. Before we begin, we will discuss the problem and give you an estimate or a fixed price where possible.

For diagnostic fixes where we are confident a resolution is achievable, we operate a "no fix, no fee" approach. This means that if we are unable to resolve the specific agreed problem, you will not pay our fee for that work. This applies only to the specific issue agreed at the outset. It does not cover separate or additional problems we discover, work caused by third parties, changes you request beyond the original fix, or situations where we are prevented from completing the work because of factors outside our control (for example, lack of access, hosting limitations, or you choosing not to proceed). Where third-party costs (such as plugin licences) have been incurred on your behalf, those remain payable.

Once a problem is fixed, we cannot guarantee that it will not recur as a result of future changes, updates or actions outside our control. Ongoing protection is best handled through a Care Plan.

9. Hosting and Domains

Hosting

Our managed UK hosting is billed in advance on a recurring basis. We aim for high availability and target uptime of 99.9% per month, excluding scheduled maintenance and events outside our reasonable control. This is a target, not an absolute guarantee. We will give reasonable notice of planned maintenance where practical.

Backups

Where Hosting or a Care Plan includes backups, we take regular backups as part of the service. While we take reasonable care, you remain responsible for keeping your own independent copies of important data. We do not guarantee that any particular backup will be available or complete, and we accept no liability for loss of data beyond the limits set out in section 14.

Acceptable use

You agree not to use our Hosting for any unlawful, offensive, infringing or abusive purpose, for sending spam or unsolicited bulk email, or for any activity that harms our servers or other customers. We may suspend or terminate Hosting immediately if you breach this acceptable use policy, or if your usage materially affects the performance or security of our servers or other customers.

Domains

Where we register or renew domains on your behalf, the relevant registry's terms also apply. Domain fees are payable in advance and are non-refundable once a domain has been registered or renewed. We will make reasonable efforts to renew domains before expiry where you have asked us to manage them and payment is up to date, but you are ultimately responsible for ensuring your domain is renewed on time. We are not liable for the loss, suspension or expiry of a domain caused by non-payment or by your instructions.

Unpaid hosting and domain fees

If Hosting or domain fees remain unpaid after their due date, we may suspend the relevant Service. If they remain unpaid, we may cancel the Service and your data and files may be removed. We are not liable for any loss arising from such suspension or cancellation.

10. Care Plans and Subscriptions

Our WordPress Care Plans are rolling monthly subscriptions. The specific inclusions depend on the plan you choose, and may cover items such as WordPress core, theme and plugin updates, security monitoring and hardening, regular backups, uptime monitoring and a set amount of support time.

The following apply to Care Plans:

• Fees are paid in advance and billed automatically on a recurring monthly basis on your billing date.
• Support time and included tasks apply to the current billing period and do not roll over to the next month unless your plan states otherwise.
• Development work, new features and design changes are not included in a Care Plan and will be quoted separately.
• Issues caused by third parties, or by changes you or others make to the Website outside our control, may not be covered and may be charged at our then-current rates.
• Where a plan includes hack recovery, we will restore your Website from a backup as part of the service. Premium plugins and themes are covered only where we hold or you maintain the appropriate licences.

Cancellation of Care Plans

You may cancel a Care Plan at any time by giving us at least 30 days' written notice. Your plan will remain active, and fees remain payable, until the end of that notice period. We do not offer refunds for the current or past billing periods of a Care Plan. On cancellation, responsibility for updates, security and backups passes back to you.

11. Refunds and Cancellations

You may cancel a Project at any time by giving us written notice. If you cancel after work has begun:

• any deposit already paid is non-refundable, as it covers our initial planning and work;
• you remain liable to pay for all work carried out up to the date of cancellation, and for any third-party costs we have incurred on your behalf.

Hosting fees, domain fees and Care Plan fees are non-refundable once the relevant period has begun or the service has been provided. Recurring subscriptions are cancelled in line with sections 9 and 10. Where we are at fault and unable to deliver a Service, we will offer a fair refund or credit for the affected, undelivered portion of that Service. Nothing in these Terms affects your statutory rights.

12. Intellectual Property and Ownership

Until you have paid all sums due to us in full, all rights in the Website, including designs, code, graphics and content we create, remain our property. We grant you no rights to use the Website until full payment is received.

On full payment for a Project, we transfer to you ownership of, or a licence to use, the bespoke design and content we have created specifically for you, so that you can operate your Website. This does not transfer ownership of:

• any underlying tools, frameworks, libraries or code that we reuse across multiple clients, for which you receive a non-exclusive licence to use as part of your Website;
• any Third-Party Services, plugins, themes, fonts or other licensed components, which remain subject to their own licences and terms and may require ongoing payment to the relevant provider.

You retain ownership of all Materials you provide to us. You confirm that you have the right to use those Materials and you grant us a licence to use them for the purpose of delivering your Services.

We reserve the right to showcase work we have completed for you, including screenshots, descriptions and links, in our portfolio, on our website, and in our marketing, unless you ask us in writing not to do so. We may also include a small, tasteful credit such as "Website by Samson Web Design" in the footer of your Website, which can be removed on request.

13. Third-Party Services

Your Website or Services may rely on Third-Party Services such as payment gateways (for example Stripe), plugins, themes, hosting components, APIs and other platforms. These are provided by third parties under their own terms and licences, and their availability, functionality and pricing are outside our control.

We will take reasonable care in selecting and configuring Third-Party Services, but we are not responsible for their performance, security, changes, downtime, errors or discontinuation, nor for any fees the third party charges you directly. Where a Third-Party Service requires a licence or subscription, keeping it valid and paid for is your responsibility unless we have agreed to manage it on your behalf.

14. Warranties and Limitation of Liability

We warrant that we will provide the Services with reasonable care and skill. For website builds, we warrant that the Website will perform substantially in line with the agreed specification for a period of 30 days from completion. This warranty does not cover faults caused by your Materials, by changes made by you or third parties, by Third-Party Services, or by you not following our reasonable advice.

We do not warrant that the Website or any Service will be uninterrupted, error-free, or compatible with every browser, device or future software version. To the fullest extent permitted by law, all other conditions, warranties and terms implied by statute or common law are excluded.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

Subject to the paragraph above, and to the fullest extent permitted by law:

• we are not liable for loss of profits, loss of business, loss of revenue, loss of anticipated savings, loss of data, business interruption, or any indirect or consequential loss;
• our total liability to you, in respect of all claims arising out of or in connection with the Services, is limited to the total fees you have paid to us for the relevant Service in the 6 months immediately before the claim arose.

You agree to indemnify us against any claims, losses, costs and expenses we incur arising from your breach of these Terms, your use of the Services, or any Materials you provide that infringe the rights of a third party or breach the law.

15. Confidentiality and Data Protection

Each party will keep confidential any non-public technical or commercial information disclosed by the other, and will only use it for the purpose of delivering or receiving the Services. This obligation continues after our engagement ends.

We comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 in relation to any personal data we process. Where we process personal data on your behalf, we do so only on your instructions and apply appropriate technical and organisational measures to keep it secure. Details of how we handle personal data are set out in our Privacy Policy. You are responsible for ensuring that your own Website and use of personal data comply with applicable data protection law.

16. Force Majeure

We are not liable for any delay or failure to perform our obligations caused by events outside our reasonable control. These include, but are not limited to, acts of God, fire, flood, severe weather, epidemics or pandemics, war, civil unrest, strikes, failure of utilities or internet services, cyber-attacks, and the acts, omissions or failures of third parties or suppliers. If such an event continues for more than 4 weeks, either party may terminate the affected Service by giving written notice, without liability except for sums already due.

17. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, the law or best practice. The version published on samsonwebdesign.co.uk is the current version and applies to all new orders. For ongoing Services such as Hosting and Care Plans, we will give you reasonable notice of any material change, and your continued use of the Service after that notice constitutes acceptance of the updated Terms.

18. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the law of England and Wales. Both parties agree that the courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.

19. How to Contact Us

If you have any questions about these Terms or about your Services, please get in touch:

• Company: Samson Web Design Ltd
• Email: enquiries@samsonwebdesign.co.uk
• Phone: 01903 368559
• Website: samsonwebdesign.co.uk
• Location: West Sussex, United Kingdom