Terms & Conditions
These Terms of Business apply to all services supplied by Leeming Design, including but not limited to website design, website development, hosting, maintenance, domain registration, email hosting and related digital services.
Contents
- 1. General Terms
- 2. Website Design & Development
- 3. Hosting & Email Services
- 4. Domain Registration
- 5. Payment Terms
- 6. Ownership & Intellectual Property
- 7. Suspension / Termination
- 8. Refunds
- 9. Liability & Indemnity
- 10. Data Protection
- 11. General Legal Provisions
1. General Terms
“We”, “Us”, “Our” means Leeming Design of 1 Althorpe Drive, Kew, Southport, PR8 6HS, United Kingdom.
“You”, “Your” means the client, purchaser, company or organisation receiving services from us.
“Services” means any services supplied by us including website design, development, hosting, maintenance, support, domains and associated work.
By purchasing or using any Services from us, you agree to be bound by these Terms.
2. Website Design & Development
2.1 We will provide website design/development services in accordance with any written quotation, proposal or specification agreed with you.
2.2 Unless otherwise stated, quotations include reasonable minor revisions only. Significant additional changes or alterations outside the agreed scope may incur additional charges.
2.3 You agree to provide all required content, information, approvals and feedback promptly.
2.4 We shall not be responsible for delays caused by your failure to provide content, feedback or approvals.
2.5 If a project is inactive for more than 30 days awaiting your input, we reserve the right to invoice for work completed to date and/or treat the project as abandoned.
2.6 Completed work shall be deemed accepted if no issues are raised within 14 days of delivery.
3. Hosting & Email Services
3.1 We shall use reasonable endeavours to maintain hosting and email services but do not guarantee uninterrupted or error-free service.
3.2 Scheduled maintenance may occur from time to time without notice.
3.3 Unless expressly agreed otherwise, you remain responsible for maintaining independent backups of your website and email data.
3.4 You must not use our hosting for unlawful purposes, spam, malware, copyright infringement, or any activity which may harm our infrastructure or reputation.
3.5 We reserve the right to suspend hosting where we reasonably believe these terms have been breached.
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4. Domain Registration
4.1 Domain registration is subject to availability and relevant registry approval.
4.2 We do not guarantee registration of any requested domain name until confirmed.
4.3 Domain registrations are subject to the terms of the relevant registry authority.
4.4 Domain registration fees are non-refundable once submitted.
4.5 No domain shall be transferred away, released, or have registrar control changed until all related invoices are paid in full.
5. Payment Terms
5.1 All invoices are payable within 14 days unless otherwise stated in writing.
5.2 We reserve the right to require deposits and/or stage payments for project work.
5.3 Hosting and recurring services are payable in advance.
5.4 We may suspend Services where payment is overdue.
5.5 We reserve the right to charge statutory interest and debt recovery costs on overdue invoices pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
6. Ownership & Intellectual Property
6.1 All intellectual property rights in any website, code, graphics, databases, designs, copy, materials or work product created by us remain vested in Leeming Design until paid for in full.
6.2 Until full payment is received, any right granted to you to use such work is a temporary, revocable licence only.
6.3 Upon full payment, ownership of bespoke work created specifically for you shall transfer to you excluding:
- Third-party licensed software/plugins/themes;
- Frameworks, libraries, tools or reusable code owned by us;
- Any items expressly stated to remain licensed.
6.4 We reserve the right to display completed work in our portfolio and marketing materials unless otherwise agreed in writing.
7. Suspension / Termination
7.1 We may suspend or terminate Services immediately where:
- Payment is overdue;
- You breach these Terms;
- Continued provision poses legal/regulatory/reputational risk;
- You engage in abusive or threatening behaviour.
7.2 Where invoices remain unpaid, we reserve the right to suspend hosting, disable websites, remove access, and/or revoke any licence granted under Clause 6.
7.3 We are under no obligation to transfer websites, source files, domains, databases, credentials or hosting until all outstanding sums are paid.
7.4 We may delete hosted data 14 days after termination or suspension unless otherwise agreed.
8. Refunds
8.1 Hosting fees are refundable only within 7 days of initial purchase unless setup/customisation work has commenced.
8.2 Domain registration fees are non-refundable.
8.3 Website design/development fees are non-refundable once work has commenced.
8.4 No refund shall be due where Services are suspended or terminated due to your breach.
9. Liability & Indemnity
9.1 Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any liability which cannot lawfully be excluded.
9.2 Our total aggregate liability shall not exceed the total fees paid by you for the relevant Services in the preceding 12 months.
9.3 We shall not be liable for:
- Loss of profits;
- Loss of business;
- Loss of reputation;
- Indirect or consequential losses.
9.4 You agree to indemnify us against all claims, losses, damages and expenses arising from content, materials or instructions supplied by you.
10. Data Protection
10.1 You are responsible for ensuring that any personal data collected via your website complies with applicable data protection legislation.
10.2 Where we process personal data solely on your behalf, we do so as processor only.
10.3 You remain the data controller unless otherwise agreed.
11. General Legal Provisions
11.1 Failure by us to enforce any provision of these Terms shall not constitute a waiver of that provision.
11.2 If any provision of these Terms is held invalid or unenforceable, the remainder shall remain in full force.
11.3 These Terms constitute the entire agreement between the parties.
11.4 These Terms shall be governed by the laws of England and Wales.
11.5 The parties submit to the exclusive jurisdiction of the courts of England and Wales.