The following terms and conditions for purchases of a starter website package (the “Website Design Terms & Conditions”) are entered into between you, our customer (referred to as “you” or “your”), and Nicola Walsh – Design and Digital (referred to as “NW Design and Digital”, “we”, “our”, or “us”).
The Starter Website
NW Design and Digital provides a “Starter Website” which is your choice of either:
a) a single-page landing page / 1-page WordPress website, OR
b) a 5-page WordPress website.
As a condition of purchasing and using either of these website design services, you agree to be bound by these Website Design Terms & Conditions.
Legal terms that apply to your purchase
Our Website Terms of Use and Privacy Policy form part of these Website Design Terms & Conditions, and they also apply to your purchase and use of any products from our site.
If there is any inconsistency between any of those agreements and/or policies and these Website Design Terms & Conditions, these Website Design Terms & Conditions will take precedence.
For example, if our general refund policy is a certain number of days, and you see a different number of days in the refund policy in these Website Design Terms & Conditions, you can be sure that the refund policy you see here applies to your Starter Website purchase.
Minimum age for purchase
Our products are intended to be purchased by individuals over the legal age of adulthood (which happens to be 18 years old in most places in the world).
If you are not a legal adult, you must only make purchases from our site with the consent of a responsible adult.
Our relationship with you
When you purchase a Starter Website, NW Design and Digital agrees to provide you with the information, documents and any other specified deliverables, which are educational and informational resources.
The information contained in the Starter Website services, including any interactions with our staff, is not intended as, and shall not be understood as, professional advice.
Nothing in these Terms & Conditions forms any partnership, joint venture, employment, or agency relationship between you and NW Design and Digital.
Payment required for access
By purchasing the Starter Website, you understand and acknowledge that you are entering into a legally binding contract with NW Design and Digital, which requires you to pay the fees in full in exchange for the final handover of the Starter Website.
NW Design and Digital will start working on the Starter Website once you have paid the first instalment of your selected payment plan.
Due to the nature of online payments, your payment may appear as “pending” or a similar status for several days. As a gesture of good faith, you will be able to book your initial website kick-off call immediately when you make a payment, but if the payment then fails, we will cancel this call until the initial payment has been received by us. For any of the following payment stages, pages will be made live once you make a payment, but if the payment then fails, pages will be put back into draft mode until the payment has been received by us. If there are multiple failed/late payments by you, we reserve the right to charge an additional failed/late payment fee to compensate us for the additional administrative burden.
By making a payment online with your credit or debit card, you give us permission to automatically charge your payment method for the amounts specified on the Starter Website purchasing page. You also give us permission to share your payment information and instructions required to complete any and all payments in the transaction with our third-party payment providers.
Payment Authorisation
By electing to pay through a payment plan:
a) You authorise NW Design and Digital to charge your payment method automatically for each subsequent payment without further authorisation or notice to you (unless required by law).
b) You understand that it is your responsibility to ensure that the payment method we have on file for you is valid for the duration of the payments you have committed to in the payment plan. If your payment method becomes invalid before completing all payments in the payment plan, you must provide an alternate payment method before your next payment is due by writing to us at info@nwdesignanddigital.co.uk.
c) You understand that you are required by law to complete all remaining payments of your payment plan unless you have correctly requested and been granted a refund in accordance with these Terms & Conditions.
In summary, you commit to paying in full, and you may not cancel or avoid any of the payments in any selected payment plan except by correctly using the refund policy.
Refund Policy
We want you to be satisfied with your purchase. For this reason, we offer the following “Conditional” refund policy.
To qualify for a refund, your request must be submitted before the kick-off call.
Due to the bespoke nature of the services, we are unable to offer refunds after we have started delivering the Starter Website services.
If you change your mind about your purchase and would like to request a refund, you can email us at info@nwdesignanddigital.co.uk BEFORE your scheduled kick-off call, and if you have met the conditions of our refund policy, we will give you your money back.
Our policy is in addition to any legal rights you may have through legislation that applies to your purchase. If you believe that a law in your geographic area entitles you to a refund outside of what is permitted by this policy, please contact us at info@nwdesignanddigital.co.uk. We will verify our legal obligations, and if required, we will provide you with a refund.
Standards and expectations for the services
We both agree that timely and clear communication is essential to delivering the Starter Website correctly and on time. For this reason, we both commit to communicating promptly and clearly.
If you cause a delay, we will not be penalised for a proportional delay in meeting any milestones or delivery dates which were previously agreed.
What is included with your Starter Website purchase
A Starter Website includes your choice of either:
a) a single-page landing page / 1-page WordPress website, OR
b) a 5-page WordPress website.
You may only pick one of these, as only one is included per purchase. What we provide to you is dependent on which option you choose, and the details of each are set out below.
What we provide to you (depends on which option you choose):
Option A: a single landing page or a 1-page website. The following is included with this option:
A single landing page or 1-page website
- 1-hour initial kick-off call to discuss design, content, website flow etc – if hosting needs purchasing we can go through this at the start of the call, hosting is an additional cost
- Free Premium Divi theme (RRP £89)
- A one-page website with a working top menu and footer (please agree via email with NW Design and Digital whether this is a sales page or a one-page website)
- Mailerlite integration – newsletter sign-up box added to website footer and a single email automation
- 2 rounds of changes
- 1-hour recorded Zoom session to hand over the website
- Any additional pages or changes incur additional charges
- Once the website is live, the site map is submitted to Google Search Console and connected to Google Analytics
- Basic SEO added to the page page – feature image, title and description
- Access to a WordPress maintenance and updates video vault for basic amendments to your website.
Option B: a 5-page WordPress website. The following is included with this option:
- 1-hour initial kick-off call to discuss design, content, website flow etc – if hosting needs purchasing we can go through this at the start of the call, hosting is an additional cost
- Free Premium Divi theme (RRP £89)
- A home page, about page, services page, blog page and contact page (If you want a different page to the ones listed please agree via email with NW Design and Digital during the kick-off call)
- Mailerlite integration – newsletter sign-up box added to website footer and a single email automation
- 2 rounds of changes
- 1-hour recorded Zoom session to hand over the website
- Any additional pages or changes incur additional charges
- Once the website is live, the site map is submitted to Google Search Console and connected to Google Analytics
- Basic SEO added to each page – feature image, title and description
- Access to a WordPress maintenance and updates video vault for basic amendments to your website.
What you will need to provide (same for all options):
- All website copy and images would be supplied by you and saved into a shared Google Drive folder.
- Any branding colours and font choices shared in the Google Drive folder
- I will need to be added as a user to your website with Administration rights to fully edit your website.
- Login details shared for your hosting account
- Login details shared for your Mailerlite account
- Login details for a Google account to connect to Google Search Console and Google Analytics
Timelines (same for all options):
- Stage 1 – Kick-off Call
- Stage 2 – You provide content for the homepage/single landing page/1-page website website
- Stage 3 – Build a homepage/single landing page/1-page website and Global Footer
- Stage 4 – Once approved make the homepage/single landing page/1-page website live
- Stage 5 – You provide content for the rest of the website pages (starter website only)
- Stage 6 – Build-out Services, About, Blog and Contact page (starter website only)
- Stage 7 – Once approved make all pages live, linked throughout the site and added to the top menu (starter website only)
Calls (same for all options):
- 2x 1 hour Zoom calls are included in these Starter Website Terms and Conditions – one at the beginning and one at the end
- Any extra live calls that are requested by you throughout the build may incur an additional change
- Any additional calls requested by NW Design and Digital to complete the project will be included as part of these Starter Website Terms and Conditions
Live 1:1 meetings
Participating in 2 live meetings is included with your Starter Website purchase.
Each of the meetings will take place on the date/time agreed between us.
The meetings will take place via an online platform (such as Zoom).
Each meeting is scheduled for 1 Hour. If you join a meeting late, it will still end at the scheduled time, meaning you’ll get less than the full allocated time. You will not receive any refund if you join late and do not benefit from the full scheduled time.
Rescheduling/cancelling if you cannot attend a live meetings
If you need to reschedule, our policy is that you must let us know at least 24 hours before a meeting is scheduled to take place.
We understand that unexpected obstacles can arise closer to the time of a particular meeting, so if it is truly not possible to give at least 24 hours notice, you must notify us of the need to reschedule as soon as reasonably possible, but in any case no later than the scheduled start time.
When you let us know that you need to reschedule, we will let you know alternate dates/times which we can accommodate, and you must confirm your choice in writing.
A particular rescheduled meeting must take place within 30 days of the originally planned date, otherwise it will be forfeited and no refund will be given.
You may only reschedule a particular meeting 2 times, after which you may no longer reschedule even if you cannot attend, and no refund will be given.
If you don’t attend a meeting, and failed to give notice to reschedule, then that meeting will be considered used, and you will not be entitled to a replacement or refund.
We may reschedule a meeting if we are unable to attend it due to unforeseen circumstances. If we need to reschedule, we will do our best to let you know at least 24 hours in advance. However, sometimes that will not be possible, and we may reschedule on shorter notice. We will make an effort to ensure that the rescheduled date/time is at a suitable date/time.
If you do not reschedule and you are unable to attend live, you will still have access to the recording (see details below). No refund or discount will be given if you don’t attend live.
Access to recordings of the live meetings
Each meeting will be recorded. Instructions for accessing the recording will be sent to you following each meeting you attended. We will hold the recordings of these sessions for 30 days after which you will need to copy or download the recordings to keep beyond this date.
Templates for use with a particular platform/software
You will receive access to templates that are intended for use with a particular software or platform.
Intellectual property
All content included as part of the Starter Website, in any format, and any software used in delivering the Starter Website, is the property of NW Design and Digital (or our suppliers) and is protected by copyright and other intellectual property legal protections.
When the Starter Website is complete and we have received your payment in full (or in the case of a payment plan, we have received the final instalment of your payment plan), our intellectual property rights to your Starter Website are transferred to you.
Please note that the intellectual property rights belonging to our suppliers remain the property of our suppliers (for example the rights in theme designs and plugins).
As a condition of this transfer, you are required to display “This website was designed by NW Design and Digital” in the footer of your website.
You also agree that you will not use your access or any part of the content in order to compete with NW Design and Digital or to harm our business prospects or relationships.
Licence you grant to NW Design and Digital
Upon receiving the transfer of intellectual property rights to the Starter Website, you grant to NW Design and Digital a non-exclusive, non-revocable, transferable, worldwide, royalty-free licence to use the intellectual property rights in the Starter Website for the purpose of operating and marketing its business (for example in our portfolio, advertising, webinars, case studies, and more).
Recommendations for providers & platforms not owned by NW Design and Digital
As part of delivering the Starter Website, we may recommend certain service providers or platforms to you (such as hosting or plugins). You understand that these are only recommendations, and you are responsible for making the final decision whether to use or purchase anything that was recommended.
If we have any affiliation with or financial interest in a certain provider’s business, we will make this clear to you at the time of making the suggestion or recommendation. In all other cases, you acknowledge that we have no financial or other interest in any provider that may be suggested or recommended.
You understand that NW Design and Digital has no influence or control over the businesses that provide these software/platforms, and we are not responsible for any administrative, technical, financial, or other issues that may arise between you and any of these providers.
Confidentiality
NW Design and Digital respects the privacy of its customers and will not disclose any Confidential Information you provide except as described in these Terms & Conditions.
“Confidential Information” is any information about a person or business which is not generally available to the public and that a reasonable person would consider to be confidential. This includes, but is not limited to:
a) information you share with us about yourself, your contact details, and your payment information;
b) the Starter Website materials, in whatever format they are provided;
c) information about business strategies, operations, financials, marketing plans, methods, forms, processes, templates, and future plans; and
d) information about customers, including their personal details and situations.
Your Confidential Information may be shared with our staff, sub-contractors, and/or third party providers only to the extent necessary in order to provide the best services to you. If we do have to share your Confidential Information for this purpose, we will ensure that any person to whom it is disclosed also stores and treats the Confidential Information with the appropriate level of security and secrecy.
You agree to protect our Confidential Information and not share it with anyone else unless specifically allowed by these Website Design Terms & Conditions or you have our written permission to do so.
Personal Responsibility
By using the Starter Website, you accept personal responsibility for the results of your actions. You agree that NW Design and Digital has not made any guarantees about the results of taking (or choosing not to take) any action, whether recommended as part of the services for the Starter Website or not. NW Design and Digital provides educational and informational resources in the Starter Website that are intended to help you. However, you recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of NW Design and Digital.
You also recognise that prior results do not guarantee a similar outcome. Therefore, the results obtained by others, whether they are current or past customers of the Starter Website or otherwise, do not guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information made available to you as part of your Starter Website purchase. You agree to use your judgement and conduct due diligence before taking any actions or implementing any plan or policy suggested or recommended to you.
Materials & information provided by you
You own all of the information or materials (including comments, questions, feedback, suggestions, and testimonials) you may provide to us during the building of your Starter Website, as well as anything you post, upload, input, or submit on any platform or social media (collectively, the “Contributions”). NW Design and Digital will never claim ownership of these Contributions which belong to you.
However, by posting, uploading, inputting, providing, or submitting your Contributions, you are granting NW Design and Digital, our affiliated companies, and our sub-licensees permission to use your Contribution in connection with the operation of their businesses including the rights to:
a) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Contribution (or any part of the Contribution); and
b) to publish your name, your image, and your business name and logo (if applicable) in connection with your Contribution.
In other words, NW Design and Digital has the right to include your Contributions – including any audio or video recordings of you during the Starter Website services (if applicable) – and marketing materials going forward.
No compensation will be paid for the use of your Contributions in accordance with the rights granted in these Terms & Conditions. NW Design and Digital is under no obligation to post or use any Contributions you may provide and may remove any Contributions at any time at NW Design and Digital’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Contributions you warrant and represent that you own or otherwise control all of the rights to your Contributions.
NW Design and Digital will never use any Contributions in a way that harms your business prospects or reputation. If any Contribution includes the identifiable personal information of an individual other than you, NW Design and Digital will anonymise that portion before publishing any Contribution.
Technology and availability
Your use of the Starter Website and any associated services may sometimes be subject to interruption or delay.
Due to the nature of the Internet and electronic communications, we and our service providers cannot guarantee that our websites, platforms, emails, or any associated services will be error-free, without interruption or delay, or free from defects in design.
We will not be held responsible if our websites, platforms, or the services supplied through them become unavailable, interrupted or delayed, or cause technical difficulties or glitches, regardless of the reason.
NO WARRANTIES
THE STARTER WEBSITE, INCLUDING ALL CONTENT AND RESOURCES CONTAINED WITHIN THE STARTER WEBSITE, IS PROVIDED TO YOU “AS IS.”
TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE MAKE NO PROMISES (AKA WARRANTIES) ABOUT THE STARTER WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES ABOUT: BEING MARKETABLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
WE DO NOT PROMISE (AKA WARRANT) THAT THE DIGITAL PRODUCT WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT IT WILL BE ERROR-FREE, OR THAT IT WILL ALWAYS BE AVAILABLE.
LIMITATION OF LIABILITY
YOU AGREE THAT NW DESIGN AND DIGITAL IS NOT LEGALLY OR FINANCIALLY RESPONSIBLE FOR ANY LIABILITY LOSS YOU SUFFER RELATED TO ACCESSING OR USING ANY PART OF THE STARTER WEBSITE OR ANY INFORMATION/RESOURCES CONTAINED IN IT.
YOU ALSO AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE ARE NOT LIABLE FOR ANY KIND OF DAMAGES, INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, SPECIAL, PUNITIVE INCIDENTAL, FAIR, OR CONSEQUENTIAL LOSS OR DAMAGES RELATED TO YOUR ACCESS OR USE OF THE DIGITAL PRODUCT (SUCH AS LOSS OF USE, DATA, OR PROFITS AS WELL AS DELAYS OR INABILITY TO USE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS).
YOU UNDERSTAND THAT ACTS OR NON-ACTS OF THIRD PARTIES ARE OUTSIDE OF OUR CONTROL, AND WE DO NOT ACCEPT ANY LIABILITY FOR SUCH CIRCUMSTANCES, EVEN IF THEY AFFECT YOUR ABILITY TO ACCESS/USE THE DIGITAL PRODUCT.
NOTHING IN THESE TERMS & CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT REPRESENTATION, OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW IN YOUR JURISDICTION. HOWEVER, YOU AND NW DESIGN AND DIGITAL BOTH ACKNOWLEDGE THAT SUCH A CIRCUMSTANCE IS HIGHLY UNLIKELY GIVEN THE NATURE OF THE DIGITAL PRODUCT.
IF YOU ARE NOT SATISFIED WITH THE STARTER WEBSITE OR ANY PORTION OF IT, YOUR ONLY OPTION IS TO STOP USING THE STARTER WEBSITE. IN THIS CASE, NO REFUND OR REBATE WILL BE GIVEN EXCEPT IF YOU CORRECTLY USE THE REFUND POLICY IN THESE TERMS & CONDITIONS.
IN ANY CASE, NW DESIGN AND DIGITAL’S MAXIMUM TOTAL LIABILITY TO YOU WILL BE THE TOTAL AMOUNT YOU PAID IN FEES UNDER THESE STARTER WEBSITE TERMS & CONDITIONS IN THE PREVIOUS 12 MONTHS.
Compensation for wrongdoing (aka indemnities)
You agree to indemnify, defend, and hold harmless NW Design and Digital, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable legal fees) arising from:
a) your use of or inability to use the Starter Website and related services,
b) any Contributions made by you,
c) your violation of any terms of these Terms & Conditions,
d) your violation of any rights of a third party, or
e) your violation of any applicable laws, rules, or regulations.
Termination and access restriction
NW Design and Digital reserves the right to terminate your access to the Starter Website and any related services at any time if:
a) you become disruptive or abusive to NW Design and Digital staff;
b) you fail to follow our guidelines, rules, or any other reasonable instructions from NW Design and Digital; or
c) you otherwise violate these Terms & Conditions.
You will not be entitled to a refund of any portion of the fees if we terminate your access for any of these reasons.
Entire agreement
These Terms & Conditions, along with any agreements and policies incorporated by reference, contain the full agreement between you and us regarding your Starter Website purchase.
Any previous written or spoken agreements, promises, information, or understandings between us on this topic are not valid unless they are specifically mentioned in these Website Design Terms & Conditions.
A printed version of these Website Design Terms & Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Website Design Terms & Conditions and will be treated the same as documents originally generated and maintained in printed form.
Interpretation
Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine (and vice versa). Headings in these Website Design Terms & Conditions are for convenience only and do not affect their interpretation.
Severability
If any part of these Website Design Terms & Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then the rest of the Terms & Conditions will not be affected.
If this occurs, you agree to substitute the affected portion with a valid alternative that has the same effect as would have originally been achieved (to the extent possible).
No Waiver
If we delay or choose not to enforce or exercise any term of or any right under these Website Design Terms & Conditions, we do not waive our rights. We can enforce/exercise it later.
Delays/failures beyond our control
We won’t face legal or financial penalties if we’re delayed or unable to fulfil our legal obligations because of circumstances beyond our control (these are “Circumstances Beyond Our Control”).
Circumstances Beyond Our Control include, but are not limited to, acts of God, natural disasters, governmental actions, terrorist threats or acts, civil unrest, national emergency, epidemic, lock-outs, labour disputes, materials or telecommunication breakdown, and power outage.
NW Design and Digital is a small business with limited staff. Any illness affecting one or more of our staff members that prevents the effective day-to-day running of the business is also considered a Circumstance Beyond Our Control.
If a Circumstance Beyond Our Control affects our ability to meet our obligations under these Website Design Terms & Conditions, we will notify you as soon as possible. Any dates/deadlines will be extended by however long the Circumstance Beyond Our Control lasts.
The date this contact applies from
These Website Design Terms & Conditions will apply and be enforceable with respect to each Starter Website purchased by you from the date that you initially purchase that Starter Website.
Dealing with disputes
You give up any current or future claims relating to your purchase, access, and use of the Starter Website.
If there is any disagreement about the Starter Website or these Website Design Terms & Conditions, you and NW Design and Digital both commit to resolving it through discussion and negotiation. Legal action can only be taken if honest efforts to resolve the issue fail.
The laws of England apply to interpreting and enforcing these Website Design Terms & Conditions, and any legal action must only be started in the courts of the City of Chelmsford, United Kingdom.
Changes to these Terms & Conditions
We may make changes to these Website Design Terms & Conditions without informing you. If we update, amend or make any changes to these Website Design Terms & Conditions or any documents or policies referred to in them, those changes will be posted on the website.
Contacting us
For any questions, comments, or concerns regarding these Website Design Terms & Conditions or any purchase, please contact us a info@nwdesignanddigital.co.uk.
Nicola Walsh – Design and Digital is a business located at 29 Plymouth Road, Chelmsford, Essex, CM1 6 JG