Terms and Conditions

By placing an order with us, you confirm that you are in agreement with and bound by the terms and conditions below.

General

We (Sustained) will carry out work only where an agreement is provided by you either by email or telephone. We will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between us and you (the client), this includes telephone and email agreements.

As our client, you have the power and ability to enter into this agreement on behalf of your company or organisation. You agree to provide us with everything that we need to build your website including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner. Deadlines work two ways and you will also be bound by any dates that we set together.

We will endeavor to meet all the deadlines set but we cannot be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage. We will also maintain the confidentiality of any information that you give us.

Website Design

We will design and develop a website using WordPress and the GeneratePress Pro framework to create the look-and-feel, layout and functionality based on your design brief. As standard, our website package includes a website of up to 6 pages unless you upgrade your plan. Other features are determined by the plan you sign up for as specified on our website.

Design Revision

We will work with you to the best of our ability to provide a website that you are completely happy with. If the time spent on design, revisions and refinement exceeds what we consider to be reasonable, we reserve the right to end the contract. In this scenario, no further payments will be taken and no previously received payments will be refunded.

Text Content

We are not responsible for writing text copy but we are happy to help with copy optimisation and refinement.

Website Imagery

Our subscription plans include sourcing of free and premium stock photography and the purchase of up to 10 premium stock images per year.

Website Hosting

We will manage the hosting of your website using our third party hosting provider. Please contact us directly for any support regarding your website’s hosting and we will resolve any issues for you.

Content Updates

A content update is a change to existing content and pages, and the creation of additional website pages including but not limited to blog pages, news articles, portfolio pieces and case studies. Content updates made by us are capped at 0.5 hours per month or 1 hour per month if you upgrade your plan.

Any updates exceeding this will be billed at £30 per hour, with a 1 hour minimum charge, and then billed to the nearest 15 minutes. Any unused time can not be rolled over to subsequent months. We will not perform any additional work that requires extra billing until agreed to by you via phone or email.

You will be given access to your website’s content management system (WordPress) to make content updates yourself. We will supply instructions via email explaining how to make content updates to your website.

Design Refresh

Once every 24 months, we will thoroughly review and assess the design of your website against the latest online trends and available features, as well as how your website compares to your competition. If required, we will refresh the design of your website according to the latest trends.

Domain Names

Any domain names we purchase will be our property and will remain so even if the contract is cancelled. The transfer of ownership to another supplier of your choosing will be at our discretion.

Email Accounts

Any email service we provide will cease to exist if either party cancels the contract. In the event of cancellation, access to any data related to email accounts would be erased. You are responsible for taking your own backups and archives of email. We cannot be held responsible for any loss of data.

Existing Domain Names and Email Addresses

In the event that you already have a Domain Name and/or Email Address setup, which are then transferred to us to manage, we cannot be held responsible for any downtime or loss of data during this process. Upon migration, there is no guarantee that any historic emails will be available. It is your responsibility to make the necessary arrangements to ensure a backup or archive is available after the transfer has been completed.

Legal

You must not use our services to advertise or promote anything that is illegal or encourages criminal activity. If you do, your website will be taken down with immediate effect and all associated files will be deleted without warning.

We cannot guarantee that the functions of your website will always be error-free and so we cannot be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate your website and any other web pages, even if you have advised us of the possibilities of such damages.

Whilst every care will be taken to ensure your website is problem free and accurate, the ultimate responsibility lies with you in ensuring that all features are functioning correctly before use. Where “bugs”, errors or other issues are found after the site is live, we will endeavour to correct these issues.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Intellectual Property Rights

All website files that we host are our property until we have received 24 monthly payments. Once we have received these payments you will own the rights to your website and we will package your website files and supply them to you on request. You will have no right to these files or the migration of these files if your plan is cancelled before we have received the minimum number of payments.

If you would like us to package and supply your website files to you before we have received the minimum number of payments, then the balance of the outstanding payments will need to be paid to us in full.

We do not offer a website migration service from our hosting to alternative hosting. You will need to arrange the installation of your website onto alternative hosting using the packaged files we provide.

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide to us for inclusion in your website are either owned by you, or that you have permission to use them.

We will keep all files prepared in connection with your website and reserve the right to use them for promotional purposes. For example, but not limited to, on our website portfolio and or related social media accounts.

Payment

You agree to provide us with a direct debit mandate and authorise us to deduct payments of the current monthly costs as published on our website. We will send you a link to setup a direct debit using GoCardless. You will be debited each month or annually for the agreed amount for your package. There is no minimum term and you are free to cancel at any time by contacting us via phone or email.

There will be no refund or credit for partial months or year of service. Costs are chargeable and shall be payable until an account is terminated or cancelled by either you or ourselves.

We may increase the prices at any time by giving you not less than 1 month’s notice provided that the increase does not exceed 25% of the prices in effect immediately prior to the increase.

You have the right to cancel your plan at any time but by doing so we have the right to delete your website from our servers to a point that it cannot be restored.

Suspension of Service

We have the right to stop providing services or suspend services if a payment is not received within 10 working days of the agreed monthly payment date. If the missed payment has still not been received within 30 days we have the right to delete your website from our servers to a point that it cannot be restored.

Data

In this relationship we are the Data Processor and you are the Data Controller. You have GDPR related responsibilities and are responsible for putting processes in place where necessary. For more information read the ICO Guide to General Data Protection Regulation.

We (the data processors) will only act on the documented instructions of a controller (You). As the data controller you must only collect and use the data as set out on your website’s privacy policy page.

You are responsible for supplying us with a GDPR compliant privacy and cookie policy for your website in the form of a PDF or Microsoft Word File. You are responsible for the accuracy of this content and we cannot be held responsible for the content of your privacy and cookie policy. We will add this content to your website in the form of a privacy and cookie policy web page. We are happy to answer any questions you have regarding your website to assist you in the generation of your privacy and cookie policy. We will only make your website live once this policy is in place.

We will ensure that your website uses GDPR compliant cookie notifications.

We will ensure that any contact forms on your website are GDPR compliant and that any personal data captured through the forms are securely sent to your chosen email address/addresses. The security of any personal data you receive via email from your website is your responsibility.

Force Majeure

We shall not be liable for any failure to perform under these terms and conditions when such failure is due to causes beyond that party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy. In the event of such delay the date of delivery or time for completion will be extended by a period of time reasonably necessary for both parties.

Questions

If you have any questions or want to discuss our terms and conditions further, please contact us.