TERMS AND CONDITIONS: WEB DEVELOPMENT, MAINTENANCE AND SEO SERVICES (UK)

Freelancer: Madill Digital, North Yorkshire, United Kingdom (“we”, “us”, “our”)

Client: The person or business purchasing Services (“you”, “your”)

1. DEFINITIONS

1.1 Business Client means a client acting for purposes relating to their trade, business, craft, or profession.

1.2 Consumer means an individual acting wholly or mainly outside their trade, business, craft, or profession.

1.3 Order Form means any written agreement (including proposal, quote, invoice, or checkout summary) describing Services and fees.

1.4 Deliverables means the agreed outputs we produce.

1.5 Maintenance Services means ongoing support as defined in clause 6.

1.6 SEO Services means optimisation work as defined in the Order Form.

1.7 Third-Party Services means any service not controlled by us.

2. CONTRACT FORMATION

2.1 A contract is formed when you accept an Order Form, make payment, or instruct us to begin work.

2.2 These Terms apply unless explicitly varied in writing.

3. SERVICES AND STANDARD

3.1 Services are provided with reasonable care and skill.

3.2 Only work explicitly stated in the Order Form is included.

4. SCOPE CONTROL

4.1 Any work not explicitly included is out of scope.

4.2 Out-of-scope work will require additional fees or a plan upgrade.

4.3 We are not required to begin additional work until agreed in writing.

5. NO FIXED HOURS / FAIR USE

5.1 Services are not time-based and do not include fixed hours.

5.2 Ongoing services are subject to reasonable use and scheduling.

5.3 We may decline, reschedule, or charge additionally for excessive requests.

6. MAINTENANCE SERVICES (DEFINED SCOPE)

6.3 Any excluded work requires additional fees.

7. BUILD VS MONTHLY SERVICES

7.1 One-off development work is separate from ongoing services.

7.2 Monthly plans do not include new builds, new pages, or major structural changes.

8. TIMELINES

8.1 All timelines are estimates unless agreed otherwise.

8.2 Delays caused by the Client extend timelines.

9. CLIENT RESPONSIBILITIES

9.1 You must provide content, access, and approvals promptly.

9.2 You are responsible for the legality and accuracy of all materials.

10. APPROVALS

10.1 Feedback must be provided within 5 working days.

10.2 If no response is received, work is deemed approved.

11. CLIENT DELAYS

11.1 If you are unresponsive for 14 days, work may be paused.

11.2 Restarting may require additional cost.

12. SEO DISCLAIMER

12.1 SEO services are provided on a reasonable endeavours basis.

12.3 Results depend on factors outside our control.

13. THIRD-PARTY SERVICES

13.1 We are not responsible for third-party failures or changes.

13.2 This includes platforms such as hosting, Google, plugins, and APIs.

14. PLATFORM LIMITATION

14.1 We build websites using our own systems and workflows.

14.2 We are not responsible for editing, fixing, or maintaining websites built by third parties.

14.3 Work on external platforms may require a full rebuild.

15. HOSTING

15.1 Where we provide hosting, we may manage the environment as required.

15.2 Uptime is not guaranteed.

15.3 Backups may be performed but are not guaranteed.

16. FEES AND PAYMENTS

16.1 Fees are as agreed.

16.2 Monthly services are billed in advance.

16.3 Payment must be made by the due date.

16.4 We may review and adjust recurring fees, including hosting and maintenance fees on all plans (including £20 per month websites), to reflect inflation and increases in our operating or supplier costs.

16.5 We will give you at least 30 days’ written notice of any increase to a recurring fee. If you do not wish to continue at the revised rate, you may cancel in line with clause 27 before the increase takes effect.

17. DEPOSITS

17.1 Deposits are non-refundable once work begins.

18. NON-PAYMENT AND SUSPENSION

18.1 Services may be suspended if payment is overdue by 7 days.

18.2 Websites may be taken offline where applicable.

18.3 We are not liable for any resulting loss.

18.4 Legal action may be taken to recover unpaid amounts.

19. REINSTATEMENT

19.1 Services resume only once outstanding balances are cleared.

19.2 Reinstatement is subject to scheduling.

20. THIRD-PARTY COSTS

20.1 You are responsible for any external tools or subscriptions required.

21. CLIENT CONTENT

21.1 You confirm you have rights to all materials supplied.

21.2 You indemnify us against claims arising from your content.

22. INTELLECTUAL PROPERTY

22.1 Deliverables remain our property until full payment.

22.2 Upon payment, ownership transfers to you (excluding our internal systems and tools).

23. PORTFOLIO USE

23.1 We may display completed work in our portfolio.

24. LEGAL COMPLIANCE

24.1 We do not provide legal advice.

24.2 You are responsible for compliance obligations.

25. DATA PROTECTION

25.1 You are responsible for handling customer data lawfully.

25.2 We are not responsible for ongoing GDPR compliance.

26. LIABILITY

26.1 Nothing excludes liability where unlawful.

26.2 Total liability is limited to fees paid in the last 12 months.

27. TERMINATION

27.1 Monthly services require one month’s notice.

27.2 We may terminate immediately for non-payment or misuse.

28. HANDOVER

28.1 Migration and transfer work is chargeable.

28.2 Hosting ends upon termination.

29. GENERAL

29.1 Confidentiality applies.

29.2 Force majeure applies.

29.3 Governing law: England and Wales.