Terms & Conditions

About these terms

These terms apply when you purchase a website plan or other agreed digital design service from Athay Design.

Any proposal, written scope or plan description agreed with you forms part of our agreement and should be read alongside these terms.

If something specific has been agreed with you in writing that differs from these general terms, the specifically agreed term will take priority for that piece of work.

Website plans

Athay Design website plans are an ongoing managed website service rather than a one-off website purchase.

Depending on the plan selected, the service may include website planning, design, development, hosting, maintenance and ongoing support.

The exact features and level of service included will be those shown for your selected plan or otherwise agreed with you before work begins.

Six-month initial term

Website plans have a minimum initial term of six months.

The monthly model allows the cost of designing and building the website to be spread across the service, rather than requiring the full project cost upfront.

Unless otherwise agreed in writing, the initial term begins when your subscription starts.

After the initial six-month term, your plan continues on a monthly rolling basis until cancelled in accordance with these terms.

Setup fees and monthly payments

Website plans include a one-off setup fee and a recurring monthly subscription.

The price applicable to your service will be confirmed before you proceed.

Unless otherwise agreed, the setup fee is payable when you instruct me to begin and monthly subscription payments are collected automatically using the agreed payment method.

Monthly payments remain due during the initial term even if you decide you no longer wish to use the website, unless I have agreed otherwise in writing or I have materially failed to provide the agreed service.

Any additional work that falls outside your website plan will be discussed with you before chargeable work is undertaken.

Getting your website live

I'll work with you to understand the business, agree an appropriate structure and create the website based on the agreed scope.

Any timescale I provide is an estimate unless a specific deadline has been expressly agreed in writing.

Delivery can depend on receiving content, feedback, approvals, account access and other information from you.

If these are delayed, the website launch may also be delayed.

Customer delays do not automatically pause or extend subscription payments once the subscription has begun. If a significant delay occurs, I'll work with you to agree a sensible way forward.

What I need from you

To deliver the service, you may need to provide content, images, branding, business information, feedback, approvals and access to relevant services or accounts.

You are responsible for ensuring that information you provide is accurate and that you have the necessary rights or permission to use any content, photographs, logos, trademarks or other material you ask me to use.

You are also responsible for the legality of your business, products, services and any claims or regulated information you provide for publication.

Website changes and ongoing support

Website plans may include reasonable small content updates and ongoing support according to the plan you have selected.

A small update would normally mean a limited change to existing website content or imagery that doesn't require substantial redesign, development or new functionality.

Examples might include updating opening hours, replacing an existing photograph, changing a telephone number or making a short text amendment.

New pages, substantial content changes, redesigns, integrations, new functionality or work requiring significant additional time may fall outside your plan.

If a request is outside the included service, I'll let you know and agree any additional cost before proceeding.

Who owns what

You continue to own material that belonged to you before working with Athay Design, including your business name, logo, brand assets, original photography and original content supplied by you.

Unless expressly agreed otherwise in writing, website designs, layouts, reusable components, templates, systems and code created by Athay Design remain the intellectual property of Athay Design.

While your subscription is active, you are granted the right to use the website as part of the Athay Design service for your business.

Paying the setup fee or monthly subscription does not automatically transfer ownership of the website's underlying design or code to you.

Taking the website elsewhere

The standard website subscription does not automatically include a transferable copy of the website or its underlying code when the service ends.

If you want to take the website elsewhere, contact me before cancelling.

Where technically and commercially practical, I may be able to offer a separate website buyout, migration or transfer arrangement.

Any such transfer will be quoted separately based on the website, technology involved, third-party licences and work required to make the site portable.

Your own original content and assets are not affected by this provision.

Hosting, maintenance and third-party services

Where hosting is included in your plan, I'll arrange and manage the website hosting required for the service.

Websites can also rely on third-party products and services such as hosting providers, domain registrars, analytics tools, email services, APIs, plugins or external platforms.

I'll take reasonable care in selecting and managing services that I provide as part of your plan, but I cannot guarantee that third-party services will always be available, error-free or unchanged.

Third-party products or services that are not expressly included in your plan may carry their own fees and terms.

Domain names

Wherever practical, your primary domain name should be registered in your name or your business's name so that you retain control of it.

If I help you register or configure a domain, this does not transfer ownership of your domain to Athay Design.

Unless your plan expressly states otherwise, domain registration and renewal charges are separate from your website subscription.

Search engines and business results

I'll design websites using sensible, search-friendly foundations where this forms part of the service.

However, I cannot guarantee search-engine positions, website traffic, enquiries, sales, conversion rates or any particular commercial result.

These outcomes depend on many factors outside the design and operation of the website.

Cancelling your website plan

The website plan cannot normally be cancelled during its initial six-month term.

After the initial term, you may cancel the service by giving 30 days' notice.

Your normal subscription charges remain payable during the notice period.

When the subscription ends, the managed website service, hosting and other services included with the subscription will end unless we've agreed a separate arrangement.

I recommend discussing any migration or transfer requirements with me before cancelling so that we can establish what is possible and avoid unnecessary disruption.

Missed or late payments

If a payment fails, I'll make reasonable efforts to let you know and give you an opportunity to bring the account up to date.

If payment remains outstanding, I may suspend the website or other services until the outstanding amount has been paid.

Persistent non-payment may result in termination of the service.

Suspension or termination because of non-payment does not remove amounts that are already due under the agreement.

When I may end the service

I may suspend or end the service where there is serious or repeated non-payment, unlawful use, abusive behaviour, misuse of the service or another material breach of our agreement.

Where reasonably possible, I'll give you an opportunity to resolve the issue first.

If I need to discontinue a website service for reasons unrelated to something you've done, I'll give reasonable notice and work with you in good faith to identify an appropriate next step.

Responsibility and liability

I'll provide the agreed services with reasonable care and skill.

Digital services can depend on software, networks, hosting providers and third-party platforms, so I cannot promise uninterrupted or completely error-free operation.

Nothing in these terms excludes or limits liability where it would be unlawful to do so.

Subject to that, Athay Design will not be responsible for indirect or consequential losses, loss of profit, loss of anticipated savings, loss of business opportunity or losses caused by circumstances reasonably outside my control.

Any overall financial liability arising from the service will be subject to the limitations permitted by applicable law and any specific terms agreed with you.

General

These terms and any written proposal or scope agreed between us form the agreement for the services being provided.

If one part of these terms is found to be unenforceable, the remaining terms will continue to apply.

Any changes to an agreed service or these terms should be confirmed in writing.

These terms are governed by the laws of England and Wales, subject to any legal rights or rules that cannot lawfully be excluded.

Questions about these terms can be sent to hello@athaydesign.co.uk .