Our Terms & Conditions
Parties & Definitions
“These Terms” are between Spires Web Tech (owner/operator: Mark Eustace) of Unit 6C, Zone 4, Burntwood Business Park, Staffordshire, WS7 3XD
(“we”, “us”, “our”) and the person or organisation accepting a proposal or placing an order (“you”, “Client”). “Project” means the work described in our proposal, statement of work, quote or email confirmation (“Proposal”).Scope of Services
We’ll provide the services set out in the Proposal (e.g., web design, development, content production, graphic design). Anything not expressly listed is out of scope and may require a separate quote.Fees, Rates & Estimates
a) Hourly/Day Rates: Our agreed hourly or day rates will be confirmed in writing and may be reviewed periodically with written notice.b) Fixed/Estimated Fees: Estimates are based on the information available and the assumptions in the Proposal. If assumptions change, we’ll discuss scope/fee adjustments before proceeding.c) Expenses: Pre-approved third-party costs (e.g., stock images, fonts, plugins, licences, courier, travel) are chargeable at cost.Deposit, Invoicing & Payment
a) Deposit: Unless stated otherwise, 50% upfront and 50% on acceptance/go-live (see §8). Deposits are non-refundable once work starts.b) Payment Terms: Invoices are due within 14 days of the invoice date. Prices are exclusive of VAT unless stated.c) Late Payment: We may charge statutory interest and recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended). We may suspend work or access for overdue accounts.Client Responsibilities
You confirm you have authority to contract, and you’ll provide timely access, content, approvals, brand assets, logins and decision-makers. Deadlines rely on this. You’ll back up any content you supply and ensure it’s accurate, lawful and does not infringe third-party rights.Process, Revisions & Change Control
a) Design: Unless the Proposal states otherwise, one main concept plus two rounds of revisions are included. Further iterations or new concepts are chargeable.b) Development: We build with valid HTML/CSS and modern standards. We support current versions of major browsers at the time of development. Legacy browsers are by separate agreement.c) Changes: New pages, templates, features or integrations outside the Proposal require a written change request and may impact fees and timelines.Timelines & DependenciesWe’ll work professionally and aim to meet agreed dates, but we’re not liable for delays caused by dependencies outside our control (e.g., late content/approvals, third-party outages, hosting limits, force majeure).
Acceptance, Go-Live & Handovera) Staging Review: On feature-complete we’ll provide a staging link or preview. You’ll have a reasonable period (typically 5 business days) to test and provide a consolidated issues list.b) Fixes: We’ll fix material defects against the signed-off scope. New requests are treated as changes (§6c).c) Acceptance: The site is deemed accepted on the earlier of (i) written sign-off, (ii) go-live, or (iii) 5 business days after delivery if no material issues are raised. Final payment then falls due. On payment, we’ll provide agreed deliverables and basic CMS handover.
Hosting, Care Plans & Supporta) Hosting: If you use our recommended hosting, we’ll provision it per the Proposal. Otherwise you’re responsible for ensuring your host meets the technical requirements.b) Care/Support: Ongoing updates, backups, monitoring and support are included only if you have a paid care plan. Ad-hoc support is billable at our then-current rates.c) Email & Third-Party Services: We don’t provide email hosting unless stated. Support for third-party systems (domains, DNS, email, payment gateways, plugins) is out of scope unless included.
Content, Assets & Third-Party Licencesa) Your Materials: You warrant you own (or have licences to use) all text, images, logos, fonts and media you supply and you’ll indemnify us for any third-party claims arising from them.b) Third-Party Items: Where we procure stock images, fonts, plugins or code, they’re subject to the third-party’s licence. Some licences are non-transferable or require ongoing renewal. You’re responsible for ongoing licence fees unless the Proposal states otherwise.c) Open Source: We may use open-source software under its applicable licences.
Intellectual Propertya) Pre-existing IP & Tools: Our pre-existing methods, frameworks and tools remain ours.b) Project IP: On receipt of full payment, you get a non-exclusive, perpetual licence to use the site/designs as implemented for your own business. Unless the Proposal says otherwise, we retain ownership of underlying source code, components and working files; we license them to you for the Project’s use. Transfer of native design files or full IP assignment can be agreed for an additional fee.c) Portfolio: We may display the work in our portfolio and marketing (non-confidential parts only).
SEO, Accessibility & Browser SupportWe follow good practice, but we don’t guarantee search rankings, specific traffic levels, conversions or WCAG conformance unless expressly included in the Proposal. We test in current versions of major browsers at build time; older/retired browsers require separate scope.
Data Protection & Confidentialitya) Confidentiality: Both parties will keep the other’s non-public information confidential, using it only for the Project.b) Data Protection: Each party will comply with UK GDPR and the Data Protection Act 2018. If we process personal data on your behalf, a Data Processing Addendum (DPA) will apply (we can provide our standard DPA on request).
Warranties & Limitation of Liabilitya) Warranties: We’ll perform services with reasonable skill and care.b) Exclusions: Except as stated, all other warranties are excluded to the fullest extent permitted by law.c) Liability Cap: Our total aggregate liability arising out of or in connection with the Project (whether in contract, tort or otherwise) is limited to the total fees paid by you to us for the portion of the Project giving rise to the claim in the 12 months before the claim.d) Indirect Loss: We’re not liable for loss of profit, revenue, savings, data, business interruption or any indirect or consequential loss. Nothing limits liability for death/personal injury caused by negligence, fraud or any liability that cannot legally be limited.
Suspension & Terminationa) For Convenience: Either party may terminate on 14 days’ written notice. You’ll pay for all work, committed costs and licences up to the termination date. Deposits are non-refundable.b) For Cause: We may suspend/terminate for material breach (including non-payment) if not remedied within 7 days of notice.c) Effect: On termination we’ll invoice for work done to date; your licences to our deliverables cease if unpaid.
Force MajeureNeither party is liable for delays/failures caused by events beyond reasonable control (e.g., outage, strike, epidemic, war, natural disaster, supplier failure). Timeframes will be extended appropriately.
Subcontracting & AssignmentWe may use vetted subcontractors. Neither party may assign this agreement without the other’s consent (not to be unreasonably withheld), except we may assign to a successor in business.
Third-Party RightsNo person other than the parties has rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
Variations, Waiver & SeveranceChanges to these Terms must be in writing and agreed. Failure to enforce is not a waiver. If any term is invalid, the rest remains effective.
Governing Law & JurisdictionThese Terms and any non-contractual obligations are governed by the laws of England and Wales. Courts of England and Wales have exclusive jurisdiction.
NoticesFormal notices must be in writing and sent to the addresses stated in the Proposal (or updated in writing), by email with confirmation of receipt, or by recorded post.
ContactSpires Web Tech, 07961 673 807, hello@spireswebtech.co.uk
-Payment Schedule (example)• 50% deposit on acceptance of Proposal• 40% on delivery to staging for acceptance testing• 10% on go-live/acceptance (per §8)
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