Website Project Terms

These Website Project Terms apply to commissioned website design and development work undertaken by MyWebTone.

Your individual proposal and these Project Terms should be read together.

If something specific has been agreed in writing in your proposal that differs from these general Project Terms, the specific written agreement in your proposal will take priority for that particular project.

Before making your first project payment, please:

• read your website proposal;
• read these Website Project Terms;
• ask about anything you are unsure about; and
• make sure you are happy with the agreed scope and payment arrangement.

Clients will be asked to actively confirm that they have been presented with, read and accept these Website Project Terms before proceeding to payment instructions.

Work will not normally begin until the required acceptance has been recorded, the first agreed project payment has been received and the information or materials reasonably required to begin the project have been supplied.

Your individual proposal sets out what MyWebTone has agreed to create.

This may include, depending upon the particular project:

• website design and development;
• agreed pages and sections;
• forms or enquiry features;
• booking or payment functionality;
• mailing-list integrations;
• mobile optimisation;
• basic search-engine setup;
• accessibility considerations;
• agreed integrations;
• launch preparation; and
• other features specifically listed in the proposal.

Only work included in the individual proposal, or subsequently agreed in writing, forms part of the commissioned project.

Small reasonable adjustments may be accommodated where appropriate, but significant additions or changes may affect the price or completion time.

The total investment and payment options available for a project will be shown in the client's individual proposal.

Depending upon the project and the options offered, this may include:

• payment of the full agreed project amount at the start;
• a Project Booking Fee followed by a final balance;
• staged payments; or
• another payment arrangement specifically agreed for that project.

Where more than one payment option is offered, the client may choose from the options available to them subject to any conditions or time limits stated in their individual proposal.

If the client chooses to pay the full project amount upfront, that payment confirms the project in the same way as the first payment of a staged arrangement.

Paying the project in full does not remove or reduce any statutory cancellation or refund rights the client may have under applicable UK law.

Where staged payments are used, any outstanding final project balance must normally be paid before the completed website is launched, transferred or handed over unless otherwise agreed in writing.

The client's individual proposal determines the price and payment arrangement applicable to that particular project.

Once:

• the Website Project Terms have been accepted;
• the first agreed project payment has been received; and
• the essential information or materials required to begin have been provided,

time can be reserved for the project and work may begin specifically for that business.

Work can include activity that is not immediately visible on the website itself, including:

• planning;
• research;
• structure and navigation;
• page planning;
• design direction;
• technical setup;
• platform configuration;
• content preparation;
• integrations;
• development; and
• other work required to create the website.

For this reason, cancellation after a project has begun is different from cancelling something that has not yet been started.

If a client decides they no longer wish to continue with their website project, they should notify MyWebTone in writing as soon as possible.

If a project is cancelled, the financial position will depend upon the stage the project has reached.

This may take account of:

• work already completed;
• time already spent on the project;
• work specifically commissioned or prepared;
• third-party costs already incurred;
• commitments made specifically for the project; and
• other reasonable losses or costs resulting from the cancellation.

Where appropriate, any amount due back to the client will be calculated after these items have been taken into account.

If the value of work completed and reasonable project costs exceeds payments already made, an outstanding amount may still be payable.

Nothing in these terms is intended to remove or restrict any cancellation, refund or other rights available under applicable UK consumer law.

Where a statutory cancellation right applies and the client asks MyWebTone to begin work during that cancellation period, the amount payable following cancellation may reflect work carried out up to the point MyWebTone is instructed to stop, as permitted by applicable law.

In the unlikely event that MyWebTone is unable to complete a project, the client will be informed as soon as reasonably possible.

The work completed, payments received and reasonable project costs or commitments already incurred will be assessed.

Where appropriate, MyWebTone will refund any amount paid for work that will no longer be provided.

Where practical, MyWebTone will also discuss what can reasonably be supplied or transferred to help the client continue the project elsewhere.

Statutory rights are not affected.

The individual proposal may contain a project checklist setting out the particular materials required.

Depending upon the project, these may include:

• photographs or headshots;
• logos or branding;
• written information;
• service descriptions;
• prices;
• testimonials;
• contact details;
• examples of preferred website styles;
• booking information;
• policies;
• login or integration information; and
• other material required to complete the agreed website.

Clients should provide information that is accurate and as complete as reasonably possible.

The client remains responsible for checking the accuracy of factual information relating to their business, qualifications, services, prices, dates and other business-specific content.

The client is responsible for ensuring that they have permission to use photographs, logos, written material, graphics, video, music or other content supplied for inclusion on the website.

By supplying material to MyWebTone, the client confirms that they either own it or have the necessary permission or licence to use it.

MyWebTone cannot accept responsibility for copyright, trademark, privacy or other claims arising from client-supplied material where the necessary rights or permissions have not been obtained.

Third-party images, fonts, software and other assets may remain subject to their own licence conditions.

Website design is a collaborative process.

During the project, clients may be asked to review pages, designs or functionality and provide feedback.

Where refinement or amendment rounds are included in the individual proposal, these are intended for reasonable adjustments to the agreed design and content.

A refinement is not the same as commissioning substantial new functionality, additional pages or a significant change in direction after work has already been completed.

Requests outside the agreed project scope will be discussed before chargeable additional work is undertaken.

The number of refinement or amendment rounds, where specified, is determined by the client's individual proposal.

New ideas sometimes emerge once a website begins to take shape.

If the client requests something that was not included in the original proposal, MyWebTone will advise if it is considered additional work.

Where additional charges apply, the work and cost should be agreed before that additional work is undertaken.

Clients will not be charged for substantial additional work simply because MyWebTone has decided to add something without discussing it first.

Any completion date or timeframe discussed is an estimate unless a fixed deadline has specifically been agreed in writing.

Website projects depend upon communication and the timely supply of information, content and approvals from both sides.

Timescales may be affected by:

• delays in receiving client content;
• delayed feedback or approval;
• changes to the agreed scope;
• third-party platforms or services;
• technical issues outside MyWebTone's reasonable control; or
• circumstances that could not reasonably have been anticipated.

MyWebTone will keep the client informed if something significant is likely to affect the project.

If MyWebTone is waiting for information, content, feedback or approval, work on the project may need to pause.

A delay may mean that the original project slot can no longer be held and work may have to resume when the next suitable space becomes available.

If a project remains inactive for a prolonged period, MyWebTone will contact the client before deciding how the remaining work should be scheduled.

If circumstances change significantly during a lengthy client-caused delay, the remaining work, timescale or third-party costs may need to be reviewed before restarting.

Websites often depend upon services provided by other companies.

These may include:

• domain registration;
• website hosting or website platforms;
• payment processors;
• booking systems;
• email marketing providers;
• business email;
• analytics;
• fonts;
• stock photography;
• plugins;
• applications; and
• other external services.

Where possible, known ongoing third-party costs will be explained before the client commits to them.

Unless the individual proposal specifically states otherwise, third-party subscriptions, transaction charges, domain renewals, platform fees and similar ongoing costs are not included within the MyWebTone website design fee.

Third-party companies operate under their own terms, pricing and service arrangements and may change these independently of MyWebTone.

MyWebTone cannot guarantee the continuing availability, pricing or functionality of a third-party service.

Where possible, the client's domain name should be registered in their own name or business details so they remain the registered owner.

If MyWebTone assists with purchasing, connecting or configuring a domain, this does not transfer ownership of the domain to MyWebTone.

The client is responsible for future renewal charges unless specifically agreed otherwise.

Once all amounts due for the commissioned project have been paid in full, the completed website design and project work created specifically for the client will be theirs to use, subject to:

• third-party platform rights;
• software licences;
• fonts;
• stock images;
• applications;
• integrations;
• templates or components subject to separate licence terms; and
• other applicable third-party intellectual-property rights.

MyWebTone retains ownership of its own pre-existing materials, methods, systems, know-how and reusable elements that were not created exclusively for the client's project.

Before launch, the client will normally have an opportunity to review the completed website.

Clients should carefully check:

• names and contact details;
• prices;
• dates;
• links;
• services;
• spelling;
• factual information;
• booking or enquiry processes; and
• other information specific to their business.

Approval for launch confirms that the client is satisfied for the website to be made publicly available, subject to any final agreed corrections.

Once the website is live, MyWebTone will make sure the agreed project has been completed and provide any handover or next-step information included within the proposal.

Future updates, additional pages, new services, functionality or larger design changes are not automatically included within the original project price unless the proposal specifically includes ongoing support or maintenance.

Further work can be discussed when required, with any costs agreed in advance.

If the website is to be handed over to the client, MyWebTone will explain the practical steps required.

Depending upon the platform used, this may include transferring or providing appropriate access and explaining ongoing platform, domain or subscription costs.

Any outstanding project balance must be paid before final handover unless otherwise agreed in writing.

MyWebTone will build the website with appropriate care and, where included within the project, apply sensible foundational search-engine practices.

MyWebTone cannot guarantee:

• a particular Google ranking;
• a particular level of traffic;
• enquiries or bookings;
• sales;
• revenue;
• uninterrupted availability; or
• a particular commercial result.

Search engines, social-media platforms and third-party services operate independently and may change their systems or algorithms at any time.

Where a website requires privacy information, terms, refund information, disclaimers or other policies, MyWebTone may help organise, format or implement the material.

Unless specifically agreed otherwise, MyWebTone is not acting as the client's solicitor, accountant or regulated professional adviser.

The client remains responsible for ensuring their business and website comply with legal or regulatory requirements applicable to their services.

Where specialist legal advice is required, it should be obtained from an appropriately qualified professional.

MyWebTone will take reasonable care when designing and setting up the website.

However, MyWebTone cannot be responsible for failures or interruptions caused by circumstances outside its reasonable control, including issues involving:

• hosting providers;
• domain registrars;
• internet outages;
• third-party platforms;
• payment processors;
• booking services;
• external integrations;
• changes made by third-party providers;
• cyber incidents not caused by MyWebTone's failure to exercise reasonable care; or
• changes made to the website by someone else after handover.

Where MyWebTone can reasonably assist with resolving an issue, the client will be advised what can be done and whether additional work or third-party costs are involved.

Nothing in these Website Project Terms excludes or limits liability where it would be unlawful to do so, including liability that cannot legally be excluded under applicable UK law.

Subject to those rights, MyWebTone will not be responsible for indirect business losses or losses arising from circumstances outside its reasonable control.

Nothing in these terms is intended to reduce the legal protections available to a consumer.

If a client is unhappy or concerned about something relating to the project, they should contact MyWebTone as soon as possible.

Most issues are easier to resolve when raised early, and MyWebTone will make reasonable efforts to discuss the problem and find an appropriate way forward.

These Project Terms are intended to explain the working arrangement clearly.

They do not replace, exclude or restrict statutory rights available under applicable UK law.

If any provision within these terms conflicts with a right that cannot legally be excluded or restricted, statutory rights will take priority.