These terms apply to all services provided by Webfactory Ltd, including website packages, hosting, design services, ecommerce, marketing services and any non-website digital services, unless otherwise stated.

1. General terms

• 1.1 Material provided to us during the production of your service will not be returned unless specifically requested. We are under no obligation to retain copies of such material once your service is completed.
• 1.2 Responsibility for copyright clearance and compliance with third party intellectual property rights (including registered trademarks) rests with you and not with Webfactory Ltd.
• 1.3 We reserve the right to use all designs produced during the production process in our portfolio.
• 1.4 In the rare event of unplanned server downtime affecting your services, we will compensate on request one day’s ongoing fee for each hour of downtime, up to a maximum of one month’s fees. This will be provided as account credit. Requests must be made in writing within 14 days of the end point of that downtime. Downtime excludes scheduled maintenance and events outside our reasonable control.
• 1.5 To the fullest extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with the provision of the services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total amount paid by you for the relevant service in the 12 months preceding the event giving rise to the claim. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by law. We shall not be liable for any indirect or consequential loss, including but not limited to loss of profit, loss of revenue, loss of data, loss of goodwill or business interruption.
• 1.6 Statistics we provide may be subject to distortion caused by automated website spiders adding hits to records. We monitor this regularly and may amend data where necessary.
• 1.7 We reserve the right to suspend without notice for investigation, and ultimately close any account, where we reasonably suspect illegal activity including, but not limited to, attempts to defraud other parties or impersonation of other entities.
• 1.8 The security and wellbeing of our staff is of paramount importance. Abusive behaviour, including swearing or threats towards our team, will not be tolerated. We reserve the right to terminate your contract with immediate effect where such behaviour occurs. In such cases, monies paid may be forfeited. This includes abusive behaviour via telephone, email or online platforms.
• 1.9 At our discretion, we reserve the right to cancel any order and issue a full refund where we deem it appropriate.
• 1.10 The contract between you and Webfactory Ltd is entered into under the exclusive jurisdiction of the courts of England and Wales.
• 1.11 We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from events beyond our reasonable control. Such events include, but are not limited to, acts of God, fire, flood, severe weather, war, civil unrest, strikes or labour disputes, failure of telecommunications networks, internet service provider outages, power failures, supplier failures, cyber-attacks, government action or changes in law. If such an event continues for more than 60 days, either party may terminate the affected service by written notice without liability, save for amounts properly due for services already provided.
• 1.12 These terms constitute the entire agreement between you and Webfactory Ltd in relation to the services provided and supersede any prior discussions, correspondence, representations or agreements. You acknowledge that you have not relied on any statement or representation not expressly set out in these terms.
• 1.13 We may update these terms from time to time. The latest version will be made available via our website or Hub. Continued use of our services following such update constitutes acceptance of the revised terms.

2. Website-specific terms

These clauses apply where you have commissioned a website package.

• 2.1 Domain names specified at sign-up are not confirmed until your website goes live. Any availability checker is an indication only and does not guarantee availability.
• 2.2 All website packages include one domain name (.com, .co.uk, .org.uk or .org). Other extensions may incur additional fees which will be confirmed before registration.
• 2.3 Domain names we hold can be transferred away subject to a £15 + VAT admin fee. Transfers will only commence once any outstanding balances are cleared. We do not guarantee transfer times as these depend on the gaining registrar and the relevant registry.
• 2.4 A small “Website design by Webfactory” or “Powered by Webfactory” link (or similar wording) will appear on your website footer. We may remove this on request subject to an additional fee.
• 2.5 We do not provide websites for shipping container businesses. Any such sign-ups may be cancelled and monies returned, subject to an administration fee.
• 2.6 Turnaround times are estimates based on average performance. Reference start dates begin from the first working day after we are able to commence the project.
• 2.7 If commissioning an ecommerce website, we do not add all products due to time constraints.
• 2.8 For ecommerce websites we integrate with PayPal and Stripe only. You may need to configure elements within those systems. We provide guidance but support within those platforms must come from the gateway provider. We may make changes on your behalf subject to a fee.
• 2.9 If your package includes search optimisation, target keywords may only be changed once every 3 months.

3. Design and intellectual property

• 3.1 We retain copyright on all materials produced (including logos, website designs, business cards and other artwork) until the full package price is paid. Once paid in full, copyright in the design work transfers to you. The Webfactory Hub and related product management sites remain the intellectual property of Webfactory Ltd. No licence to use any design work is granted until full payment is received.
• 3.2 Stock images provided are licensed for use on your website only. Allowances included in your package expire upon launch.
• 3.3 For print services we provide design only. We do not provide printing.
• 3.4 We supply finished digital copies of design works as high-quality flattened files. Editable source files (such as Illustrator files) are available on request subject to an additional fee.
• 3.5 We will endeavour to check content we produce for grammar, spelling and factual accuracy, however ultimate responsibility rests with you. We accept no responsibility for errors once published.
• 3.6 We do not proofread content supplied by you and accept no responsibility for errors in client-supplied content.
• 3.7 When instructing a printer to produce items we have designed, you are responsible for checking proofs, quality and colour accuracy.

4. Payments

• 4.1 We reserve the right to increase ongoing fees annually in line with inflation, comparable measures or reasonable increases in the cost of providing services. We will provide reasonable notice of any such increase.
• 4.2 All invoices must be paid on or before the due date stated.
• 4.3 Deposits and initial payments for services (including website design, logo design and similar services) are non-refundable.
• 4.4 For non-website services, all payments are non-refundable unless otherwise stated.
• 4.5 Monthly payments begin one month from the sign-up date and repeat each month until cancelled in accordance with these terms. For some services these fees are taken immediately and this will be indicated at sign-up.
• 4.6 Annual payments are due on the anniversary of sign-up and repeat yearly until cancelled. For some services these fees are taken immediately and this will be indicated at sign-up.
• 4.7 Ongoing fees renew automatically unless cancelled prior to renewal.
• 4.8 We may pass on charges incurred due to late or declined payments. Chargebacks incur a £25 + VAT fee. We reserve the right to suspend services during chargeback investigations.
• 4.9 Late payments incur a £20 fee. If payment remains outstanding after 14 days’ written notice, a further £25 fee may apply and the matter may be referred for recovery.
• 4.10 If a payment becomes significantly overdue (for example 20+ days), we reserve the right to close the account. Deposits may be forfeited.
• 4.11 Reactivation of closed accounts is subject to a £60 + VAT reactivation fee.
• 4.12 Where a website build exceeds 3 months from the sign-up date and this is primarily due to client delays in supplying required information, we will require payment of the outstanding balance.

5. Cancellation

• 5.1 Cancellation must be made via the Product Management section of your Hub. Cancellation by email is not confirmed until we confirm closure.
• 5.2 Any invoices generated prior to cancellation remain payable.
• 5.3 You may cancel your website build or other design services before an estimated delivery date (ETA) is issued or before receipt of your first draft (whichever occurs first). In that case, only the non-refundable deposit is forfeited. If you cancel after your ETA is issued or after receiving your first draft (whichever occurs first), the full balance and any additional fees become payable. ETA dates are indicative only and do not constitute a guaranteed delivery date. For the avoidance of doubt, work undertaken up to the date of cancellation remains payable.
• 5.4 For non-website services, you may cancel at any time. Any pre-payments (including annual fees) are non-refundable.
• 5.5 If you paid upfront for a website package and cancel, the amount paid is non-refundable.
• 5.6 Where discounts or promotional extras were applied, any outstanding balance will be recalculated at full standard pricing if cancellation occurs before package completion.
• 5.7 Following closure, we are under no obligation to retain data and may permanently delete all account data without further notice.

6. Referral scheme

• 6.1 Referral rewards are paid once the referred customer completes their purchase in full.
• 6.2 The referred customer must inform us of the referral before or within one week of sign-up.
• 6.3 The referred customer receives a £50 + VAT account credit (or higher promotional rate if applicable). Referral rewards have no cash alternative unless otherwise stated.
• 6.4 Where another offer applies, only the higher value offer will apply.
• 6.5 If the referred customer does not complete their purchase, no referral credit is payable.

7. Account responsibility

• 7.1 Liability for outstanding balances rests with the company or individual named on the account. If incorrect company details are supplied, liability rests with the individual who opened the account. We are entitled to rely on the information provided at sign-up.
• 7.2 To transfer account ownership, all balances must be settled. Written confirmation and full contact details from both parties are required.
• 7.3 Features and allowances in ongoing packages do not roll over.
• 7.4 Unless otherwise stated, offers cannot be combined with other promotions.