Terms & Conditions
1. Application and entire agreement
1.1 These Terms and Conditions apply to the provision of the services detailed in our quotation or proposal (“Services”) by Christopher Hill trading as Chill Web Designs (“we” or “us” or “Service Provider”) to the person buying the services (“you” or “Customer”).
1.2 You are deemed to have accepted these Terms and Conditions when you accept our quotation or proposal or from the date of any performance of the Services (whichever occurs earlier). These Terms and Conditions, together with our quotation or proposal, constitute the entire agreement (“Contract”) between us.
1.3 You acknowledge that you have not relied on any statement, promise, or representation made or given by or on our behalf that is not set out in the Contract.
1.4 These Terms exclude any other terms that you seek to impose, incorporate, or that are implied by trade, custom, practice, or course of dealing.
2. Interpretation
2.1 A “business day” means any day other than a Saturday, Sunday, or bank holiday in England and Wales.
2.2 Headings are for convenience only and shall not affect the interpretation of these Terms.
2.3 Words imparting the singular number include the plural and vice versa.
3. Services
3.1 We warrant to provide the Services using reasonable care and skill, in accordance with the specification in the quotation or proposal.
3.2 We may make changes to the Services necessary to comply with legal or safety requirements, notifying you accordingly.
3.3 We shall use reasonable endeavours to complete the Services within agreed timelines; however, time is not of the essence unless specifically agreed.
3.4 A detailed Scope of Work and pricing may be outlined in the proposal and will form part of this agreement.
4. Your obligations
4.1 You shall:
- Obtain all necessary permissions, consents, and licences;
- Provide access to relevant information and resources;
- Cooperate with us fully and promptly.
- Provide accurate company and contact information, including full billing details and primary contact person(s) authorised to discuss and approve services on behalf of your organisation;
4.2 You are solely responsible for ensuring that any content you provide for your web project, including but not limited to text, images, videos, fonts, animations, and other media, is properly licensed and used in accordance with copyright and intellectual property laws. We accept no liability for any issues resulting from your failure to obtain proper usage rights.
4.3 Failure to meet the above obligations may result in delays, additional costs, or termination of the Services.
5. Fees, Deposit and Payment
5.1 Fees are as specified in the quotation or proposal and are based on a time and materials basis.
5.2 You agree to pay:
- A non-refundable deposit of 50% upon acceptance of the quotation or proposal to secure your project;
- The remaining balance upon project completion or as set out in agreed milestones.
5.3 No work will commence until the deposit has been received. Failure to pay the deposit promptly may result in the project slot being allocated to other works and a delay to your project start date.
5.4 Additional charges may apply for:
- Revisions or work beyond the initial scope;
- Third-party tools, stock assets, or hosting;
- Reasonable travel and subsistence costs.
5.5 Unless pre-agreed in writing, our standard hourly rate is £65 per hour. For emergency or 24-hour turnaround work, the rate is £120 per hour.
5.6 All prices are exclusive of VAT. We are not a VAT-registered company, and therefore VAT will not be charged.
5.7 All Fees are exclusive of any applicable taxes or duties imposed by law.
5.8 Payment is due within 30 days of invoice unless otherwise agreed.
5.9 Late payments incur interest at 5% per annum above the Bank of England base rate.
5.10 We may suspend or cancel services if payment is overdue.
6. Hosting, Domains and Renewals
6.1 Web hosting, domain names, and SSL certificates are billed annually and invoiced 60 days prior to the renewal date.
6.2 You must notify us in writing of your intention to cancel any recurring service within 30 days of the invoice date. Failure to do so may result in the service being renewed and you being liable for the associated charges.
6.3 If you wish to migrate your website hosting to another provider, this will incur a charge and an administration fee for preparing and backing up your website and database files.
6.4 Email migration is not included in the standard migration process and must be arranged separately if required.
7. Amendments and Cancellations
7.1 Quotations and proposals are valid for 30 days unless otherwise specified.
7.2 Either party may cancel an order prior to formal acceptance.
7.3 Requests for amendments must be made in writing. Agreed changes may affect timelines and costs.
7.4 We reserve the right to amend services in response to external factors beyond our control.
8. Subcontracting and Assignment
8.1 We may subcontract or assign our obligations. We remain responsible for subcontracted work.
8.2 You may not assign your rights without our prior written consent.
9. Intellectual Property
9.1 Upon full payment, we assign to you the rights to the final website design and code, excluding third-party assets.
9.2 Where photography or video services are provided by Chill Web Designs, all media content remains the intellectual property of Chill Web Designs. Clients are granted a licence to use these assets solely after full payment has been received. This licence is non-transferable and applies only to the project for which the media was commissioned. Full terms of usage are outlined in our Photography & Video Release Document, which is issued separately.
9.3 We retain rights to code libraries, tools, or frameworks developed independently of your project.
9.4 We reserve the right to showcase completed work in our portfolio or on social media platforms.
10. Maintenance and Support
10.1 Unless agreed otherwise, ongoing maintenance or support is not included.
10.2 Optional support packages or blocks may be agreed separately.
11. Termination
11.1 We may terminate this contract if you:
- Breach its terms;
- Fail to pay;
- Become insolvent.
- Are found to be using our services for illegal activities;
- Provide content that results in the unauthorised copying, imitation, or infringement of another website or brand without proper consent.
11.2 You may terminate with 14 days’ notice. Any work completed will be invoiced accordingly.
12. Limitation of Liability
12.1 Our liability is capped at the total amount paid by you under the Contract.
12.2 We are not liable for:
- Loss of profit, goodwill, data, or indirect damages;
- Delays caused by third parties or your own failure to fulfil obligations;
- Downtime or issues arising after you modify delivered work.
12.3 Nothing limits liability for death, personal injury, or fraud.
13. Data Protection
13.1 We act as data processors where applicable and will:
- Process data only to provide the Services;
- Store and transfer data securely;
- Retain data only as needed;
- Not disclose data except where legally required.
13.2 Full details are in our Data Protection Policy (available on our website).
14. Force Majeure
14.1 Neither party is liable for failure or delay caused by events beyond reasonable control, including natural disasters, terrorism, and government restrictions.
14.2 If delay exceeds 90 days, either party may terminate.
15. Communications
15.1 All notices must be in writing and sent to the registered email or address.
15.2 Notices sent by email shall be deemed received upon successful transmission.
16. Waiver
16.1 No delay or failure to exercise rights shall constitute a waiver.
17. Severability
17.1 If any clause is found invalid, the remainder shall continue in force.
18. Governing Law
18.1 This agreement is governed by English law. Disputes shall be subject to the exclusive jurisdiction of the English courts.
For any queries, please contact Christopher Hill at info@chillwebdesigns.co.uk.
Last review: 06/07/2025
Next scheduled review: July 2026
Reviewed by: Christopher Hill