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Website Design Terms and Conditions

1. Introduction

1.1 These Web Design and Development Terms and Conditions (“Design Terms“) supplement our General Website Terms and Conditions and govern web design and development services provided by Ayup Creative Ltd (“we“, “us“, “our” or “the Company“) to business customers (“you” or “Client“).

1.2 These Design Terms should be read alongside our General Website Terms and Conditions. In case of conflict, these Design Terms shall prevail for web design and development services.

1.3 Our web design and development services are provided exclusively to businesses and not to consumers. By engaging our services, you confirm you are acting in the course of a business.

2. Definitions

In addition to definitions in our General Terms, the following apply:

  • “Project” means the specific web design and development work described in the Proposal
  • “Proposal” means our written proposal detailing the scope, timeline, and pricing for the Project
  • “Website” means the website to be designed and/or developed under this agreement
  • “Content” means all text, images, videos, and other materials provided by you or created by us for the Website
  • “Deliverables” means all materials, designs, code, and documentation to be delivered as part of the Project
  • “Go-Live” means the date when the Website becomes accessible to the public
  • “Acceptance” means your formal approval of completed work as set out in Clause 8

3. Scope of Services

3.1 We will provide web design and development services in accordance with the specifications outlined in the Proposal.

3.2 Our services may include:

  • Website design and user interface development
  • Front-end and back-end development
  • Content management system implementation
  • Responsive design for mobile and tablet devices
  • Basic search engine optimisation (on-page)
  • Website testing and quality assurance
  • Training on website management (if specified)

3.3 Unless specifically stated in the Proposal, our services do not include:

  • Content creation (copywriting, photography, videography)
  • Ongoing website maintenance and updates
  • Website hosting or domain registration
  • Third-party integrations not specified in the Proposal
  • Search engine marketing or paid advertising

4. Project Process

4.1 Discovery Phase: We will conduct initial consultations to understand your requirements, brand, and objectives.

4.2 Design Phase: We will create design concepts and wireframes for your review and approval.

4.3 Development Phase: We will build the Website according to approved designs and specifications.

4.4 Testing Phase: We will conduct comprehensive testing across different browsers and devices.

4.5 Launch Phase: Upon your approval, we will deploy the Website to your live environment.

4.6 Each phase requires your active participation and timely feedback to maintain project schedules.

5. Client Responsibilities

5.1 You shall provide:

  • All necessary content, images, and materials required for the Website
  • Access to existing systems, hosting accounts, or third-party services as needed
  • Timely feedback and approvals at each project stage
  • Clear and comprehensive briefs for all requirements

5.2 You are responsible for:

  • Ensuring all content provided is accurate, up-to-date, and legally compliant
  • Obtaining necessary rights and permissions for all content
  • Backup of any existing website data before development begins
  • Final content review and approval before Go-Live

5.3 If you fail to provide required materials or feedback within 30 days of request, we may treat this as project cancellation under Clause 13.

6. Payment Terms

6.1 Project fees are as specified in the Proposal and are based on the agreed scope of work.

6.2 All prices are exclusive of VAT, which will be added at the prevailing rate.

6.3 Additional work outside the original scope will be charged at our standard hourly rate or quoted separately.

6.4 Payment is due within 30 days of invoice date. Late payments may incur interest at 8% per annum above Bank of England base rate.

7. Design Approval and Revisions

7.1 We will present initial designs for your review and feedback.

7.2 The Proposal will specify the number of design concepts and rounds of revisions included.

7.3 Additional revisions beyond those specified may incur additional charges.

7.4 Design approval must be confirmed in writing (including email) before development commences.

7.5 Major changes to approved designs may affect project timeline and cost.

8. Testing and Acceptance

8.1 We will conduct testing to ensure the Website functions correctly across major browsers and devices.

8.2 Upon completion, we will provide you with access to the Website for review and testing.

8.3 You have 14 days to review the completed Website and report any issues or defects.

8.4 Acceptance occurs when:

  • You provide written confirmation of acceptance, or
  • 14 days pass without notification of material defects, or
  • The Website goes live with your approval

8.5 Minor cosmetic issues that don’t affect functionality will not delay Acceptance.

9. Website Hosting and Domain Names

9.1 Unless we provide hosting services, you are responsible for:

  • Securing appropriate website hosting
  • Providing hosting access credentials
  • Ensuring hosting meets technical requirements

9.2 We can advise on hosting requirements but do not guarantee compatibility with all hosting providers.

9.3 Domain name registration and management remain your responsibility unless specifically included in our services.

10. Content and Materials

10.1 You retain ownership of all content and materials you provide.

10.2 You warrant that all content provided:

  • Does not infringe third-party intellectual property rights
  • Complies with applicable laws and regulations
  • Is accurate and suitable for publication

10.3 You grant us a licence to use your content for the purpose of delivering the Project.

10.4 We retain the right to use the Website as a portfolio example unless you specifically request otherwise in writing.

11. Intellectual Property

11.1 Upon full payment of all fees:

  • You own all rights in content you provided
  • You receive a licence to use custom designs created specifically for your Website
  • You receive ownership of any custom code written specifically for your Website

11.2 We retain ownership of:

  • General methodologies, techniques, and know-how
  • Reusable code components and frameworks
  • Template designs or pre-existing code

11.3 Third-party components (plugins, themes, etc.) remain subject to their respective licences.

12. Warranties and Disclaimers

12.1 We warrant that:

  • Services will be performed with reasonable skill and care
  • The Website will substantially conform to approved specifications
  • We have the right to provide the services

12.2 We do not warrant that:

  • The Website will be error-free or uninterrupted
  • The Website will meet your specific business objectives
  • Third-party services or plugins will continue to function without modification

12.3 All other warranties are expressly excluded to the fullest extent permitted by law.

13. Project Changes and Cancellation

13.1 Changes to project scope must be agreed in writing and may affect timeline and cost.

13.2 You may cancel the project at any time by giving written notice.

13.3 Upon cancellation:

  • You remain liable for all work completed to the date of cancellation
  • We will deliver all work completed to that point
  • No refunds will be provided for work already completed

13.4 We may cancel the project with 14 days’ notice if you breach these terms or fail to pay amounts due.

14. Website Maintenance and Support

14.1 Unless specified in the Proposal, ongoing maintenance and support are not included.

14.2 We may offer post-launch support services under separate agreement.

14.3 Defect Warranty: We will fix bugs or defects in our work free of charge for 30 days after Go-Live, provided:

  • The issue relates to our original work
  • No unauthorised modifications have been made
  • Hosting environment remains unchanged

15. Browser and Device Compatibility

15.1 We will ensure the Website functions correctly on:

  • Latest versions of major browsers (Chrome, Firefox, Safari, Edge)
  • Mobile and tablet devices using responsive design

15.2 We do not guarantee compatibility with:

  • Internet Explorer or other deprecated browsers
  • Highly customised or unusual browser configurations
  • All possible device variations

16. Third-Party Services and Integrations

16.1 Third-party services (including but not limited to payment gateways, APIs, and plugins) are subject to their own terms and conditions.

16.2 We are not responsible for:

  • Changes to third-party service functionality or pricing
  • Third-party service outages or performance issues
  • Additional costs imposed by third-party providers

16.3 You are responsible for maintaining any required accounts or subscriptions with third-party providers.

17. Website Performance and SEO

17.1 We will implement basic on-page SEO practices and performance optimisation.

17.2 We do not guarantee:

  • Specific search engine rankings
  • Website loading speeds on all connections
  • Performance on all hosting environments

17.3 Ongoing SEO and performance monitoring require separate services.

18. Liability and Indemnification

18.1 Our total liability for web design and development services shall not exceed the total project fee paid.

18.2 We exclude liability for:

  • Loss of profits, revenue, or business opportunities
  • Indirect or consequential damages
  • Losses arising from your content or business activities

18.3 You agree to indemnify us against claims arising from:

  • Your use of the Website
  • Content you provide or publish
  • Your breach of these terms

19. Data Protection and Privacy

19.1 We process personal data in accordance with UK data protection laws and our Privacy Policy.

19.2 If the Website processes personal data, you are responsible for:

  • Implementing appropriate privacy policies
  • Obtaining necessary consents from users
  • Complying with data protection requirements

20. Force Majeure

20.1 We are not liable for delays caused by circumstances beyond our reasonable control, including but not limited to technical failures, pandemic restrictions, or supplier issues.

21. Governing Law

21.1 These Design Terms are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.

22. Contact Information

For web design and development enquiries, please contact us using the details listed on our Contact page.