Terms of service
Table of contents
Last updated: 1st May 2024
The following Terms and Conditions apply to all services and products provided by hellooodesign.
We have tried to keep our terms of service brief and easy to understand. If you have any questions, please do not hesitate to contact us.
Defined terms
‘You’, ‘Your’ means the client or the entity acting on behalf of the client.
‘We’, ‘Us’, ‘Our’ means hellooodesign.
‘Services’ means any of the products or services provided by Us to You.
Services
Website design
Where appropriate, We use the WordPress content management system (CMS). We are not responsible for site outages or any costs, losses, or damages, due to the WordPress platform or ‘Plug-In applications’ used to create Your website.
Additional costs for extra features and/or additional design costs, not covered by Our plans, will be agreed upon and invoiced before Your website goes live.
You agree to allow Us to place a small design credit on Your website and link to Our website on Your website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
You also agree to allow Us to place all designs on Our website for portfolio and demonstration purposes.
We make every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). You agree that We cannot guarantee correct functionality with all browser software across different operating systems.
Your website will require a GDPR notice within the privacy notice page and potentially any contact forms collecting personal data. We can only give advisories on what content should be added to your website to follow GDPR guidelines. As We do not have a legal expertise background, it is the responsibility of the website owner to follow the correct GDPR guidelines and seek the required advice from a third party and add this content to their website themselves to avoid any penalties that could be imposed.
Upon full payment of the website design fee, you will have full ownership of your website design.
Website designs provided for free are owned solely by Us. You may purchase the ownership from us for the original fee.
Website hosting & management
We offer a hosting service through an outsourced server. We do not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
If you would like more information about Our server, please email us.
The server We use is designed for websites that experience a moderate amount of website traffic and are static. E-Commerce websites or highly visited websites may encounter performance limitations. We do offer alternative server plans for an additional cost, which would meet the requirements of highly visited e-commerce websites.
If You decide to move your website’s hosting away from Us, We will provide as much assistance as possible such as domain transfer (any costs will be the responsibility of the client) and website transfer.
We will not setup your website on a new hosting platform or perform additional tasks for free. This is subject to a £35 per hour charge for any work carried out by Us.
Our lite and premium Hosting and Management services allow for Change Requests performed by Us. Lite members can submit 1 (one) Change Request per month. Premium members can submit unlimited Change Requests.
Change Requests are carried out on a first-come-first-served basis.
There is no limit to the number of Change Requests allowed as part of one submission. Lite members can request multiple changes but can only request changes once per month.
Changes made to Your website by You are not the responsibility of Us. We cannot be held liable for any mistakes You make whilst carrying out changes to Your website.
We provide website backups as part of our hosting service. Website backups are taken every day and We keep the 3 (three) latest backups.
Domain names
We may purchase domain names on Your behalf for a fee.
Domain names are registered with a third party and as such You shall agree to fully abide by the terms and conditions set out by the third party for such services.
Domain names can not be guaranteed and are subject to availability. We hold no liability and You hereby agree to indemnify and hold Us harmless from any claim resulting from the registration of a domain name.
Domain names are registered for a minimum term of 24 months from the date of registration.
Domain names will be registered using Your details and hosted on Our domain management account. You accept that in some circumstances We may be unable to register a domain name using Your contact details. You agree that in these circumstances We may register the domain name using Our contact details. Notwithstanding the contact details used, We disclaim ownership of any domain name registered at Your request.
The fee for the purchase of domain names will be dependent on the type of domain name purchased and the length of registration. Any fee will be discussed with You before purchasing.
Domain names purchased by Us on Your behalf will be owned solely by You. If You would like the Domain Name(s) transferred to your ownership, We will grant the request but will charge a fee of £19.99 per transfer to cover the cost of transfer and admin fees.
Payment in relation to, and renewal of, those domain names is the responsibility of Yours. The loss, cancellation, or otherwise of the domain brought about by non or late payment is not the responsibility of Us. You should keep a record of the due dates for payment to ensure that payment is received in good time.
Upon termination of the use of Our service, You will have 60 days to request a domain name transfer. After 60 days, the domain name will become Our property and be considered available for sale.
We provide a limited email access service through Our web hosting to certain clients.
The email service is provided through StackMail.
We do not offer support for this service, but We will provide advice in a limited manner.
Email mailboxes are 10GB in size.
We recommended our clients use Google Workspace or Microsoft Exchange if they need an email address to send from.
We do provide email forwarding as part of our hosting and management service.
Graphic design & print
It is Your responsibility to inform Us of any design errors that may have been made as part of your graphic design project before the project is finalised. We will do Our best to rectify any errors but can not guarantee anything.
Upon full payment, We will supply artwork files as appropriate and You will fully own the design material.
We outsource Our printing and can not be held liable for any disruption caused by the printing company.
Any project that involves print material must be paid in full before printing, to cover the cost of printing with the external company.
Printed material postage is covered by Us.
Logo design
Any logo designs created by Us will be owned by Us until full payment is received. Upon full payment, You will own the logo design.
Upon full payment, We will supply artwork files as appropriate.
Each logo design option comes with a set of concepts and revisions.
Concepts are unique designs different from each other.
A revision is a small change to a unique design.
Social media management
Upon purchase of one of Our social media management plans, You hereby grant Us access to Your social media accounts and profiles and permit Us to carry out any activities required as part of the plan.
You understand that We are not responsible for Your accounts and can not be held liable for any problems that may arise including but not limited to account security, account information, and account deletion.
We will carry out the service with professionalism and accuracy but You understand that You are responsible for any content posted.
Search engine optimisation management
Our search engine optimisation management service is designed to increase Your exposure on a search engine.
We will deliver Our service with professionalism but can never guarantee results.
Pay per click management
Our PPC monthly management fee does not include Your monthly ad budget.
Blog management
All blog posts written by Us will be sent to You for approval before posting.
We provide all content including images and text.
Photography
Our product photography service is based on a quoted price.
For Us to photograph your products, You will need to send Your products to Us.
You are responsible for postage costs when sending Your products to Us.
We are responsible for postage costs when sending Your products back to You.
We will do our best to ensure the safe return of Your products but We are not liable for the loss of any products should a loss occur.
Our service photography service allows for up to 2 (two) hours of time spent with You to photography You in action or Your business operating.
You may choose a location as long as it meets all legal and safety standards.
The location must be no more than 25 miles from Ashford otherwise travel expenses may apply.
Pay monthly websites
Our pay monthly website package is designed to reduce the cost of a website.
There is no contract.
We retain rights to all the website assets, including but not limited to images, website design, and copy.
If you wish to own full rights to your website, you can pay the amount equal to a multi page website package or ecommerce website package, depending if your website sells online.
Your website will be designed as per our multi page website package.
Your website could be duplicated from another pay monthly design of ours to save on cost.
Your website will be hosted and managed as per of Our Lite hosting and management option.
Your email address will be provided through Stack Mail. Please see our email terms above.
We require the first payment to be made before we begin working on Your website project.
You will not have admin access to Your website or the server. You will have access to Your website’s dashboard but will be limited on what actions you can do until 18 months have past.
Google Workspace set-up
Once Your account has been set up, the account becomes entirely Your responsibility.
We do not offer ongoing support.
Support can be provided through Google and other online resources.
After We complete the set-up of your account, You will be required to update Your billing information on Your account. Google usually provides 30 (thirty) days to do this.
It is Your responsibility to ensure Your billing information is correct.
Additional pages add-on
Any additional pages will be created and designed based on your current website’s theme and style.
It is Your responsibility to provide any content such as text copy and images.
We can provide content for you at an extra charge agreed prior to starting your project.
Refer a friend
Your friend must sign up for a website package and remain a client of Ours for at least 3 (three) months for you to benefit from the full rewards.
If Your friend leaves before 3 (three) months, You will only be rewarded for the time Your friend was a client of Ours.
Copyrights, trademarks, & intellectual property
By supplying images, text, or any other data to Us, You permit Us to use this material freely in the pursuit of the design and to utilise the designs in Our portfolio unless agreed otherwise.
By supplying text, images, and other data to Us for use as part of the Services, You declare that You hold the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Us on behalf of You, will remain the property of Us, in which full copyright will be passed to You upon receipt of full payment.
Should We or You supply an image, text, audio clip, or any other file for use on a website, multimedia presentation, print item, exhibition, advertisement, or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, You will agree to allow Us to remove and/or replace the file.
You agree to fully indemnify and hold Us free from harm in all claims resulting from You not having obtained all the required copyright, and/or any other necessary permissions.
We may license content (Stock Content) from third parties (Stock Suppliers) for use on Your website. You understand that such licences prohibit the use of Stock Content outside of Your Website, including but not limited to use in printed matter or on other websites that You may operate now or in the future. You agree not to use Stock Content in a manner that would place Us in violation of Our contractual agreements with the Stock Suppliers concerned.
You agree that by submitting content to Your website and making such content available to the public, You grant Us a perpetual, non-exclusive, worldwide, royalty-free licence to reproduce, modify, adapt, publish, and distribute such content. You represent and warrant that You have the necessary rights to grant such rights to Us.
Price
The prices of Services We offer will be as shown on Our website, except in cases of obvious error.
Services without a price, or stated as ‘starting from’, on Our website are based on a quotation agreement. We provide quotations on a project-to-project basis, a copy of which will be provided to You through email. Acceptance of these terms is evidence that You have agreed to the quoted price.
Some Services are reliant on You providing a monthly contribution budget. Our prices do not include the budget unless otherwise stated.
Prices and any related charges are liable to change at any time. Changes will not affect orders in progress or agreed on.
Unless stated otherwise, prices include delivery costs.
Payments
Payment for the Services must be made online by credit card or debit card via Our third-party payment processor or, at Our sole discretion, through another method. All fees shall be paid in UK Pounds Sterling unless otherwise agreed upon.
You acknowledge that it is Your responsibility to notify Us of any changes to Your credit card or debit card information and to update Your credit card or debit card number if Your credit card or debit card has expired, otherwise, Your access to the Service may be disconnected or interrupted.
Invoices will be sent via email to You. It is Your responsibility to ensure We have the correct email for You.
Unless We determine otherwise, all invoices are payable within 7 days of the invoice date.
You agree to pay Your account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from Your use of the Services.
Recurring Services are billed each month on the same day that the recurring payment started. Each payment covers the calendar month up until the following recurring renewal date. You will have 7 days to pay the invoice. Failure to pay the invoice may result in the cancellation of the service.
Recurring payments are charged automatically unless otherwise stated and agreed by Us. Failed payments will be retried until payment is successful.
All Services require a fifty (50) per cent non-refundable deposit before the work commences or is supplied to You for review. The remaining fifty (50) per cent will be due upon completion of the work (before upload to the server or release of materials).
Payments that remain outstanding for thirty (30) days after the date of invoice, may incur an extra charge of 5% per month of the outstanding amount.
You must notify Us of any billing problems or discrepancies within sixty (60) days after they first appear on Your card account statement. If You do not notify Us within sixty (60) days, You waive any right to dispute such problems or discrepancies.
Refunds
Any refunds made will be minus any card processing fees we are charged when collecting payment.
Project duration
Any indication given by Us of a Services project time scale is to be considered by You to be an estimation. Such estimates are strictly advisory and are not a guarantee. We cannot be held responsible for any project that overruns or is not delivered on time, whatever the cause. We will incur no liability for delays.
Third-party products
Any third-party software which We agree to provide shall be supplied in accordance with the relevant licensor’s standard terms. Any licensed purchases are owned solely by Us.
We will incur no liability if any aspect of Our Services that are dependent on a third-party service ceases to function, or if any material We produce for use with a third-party service ceases to be usable, due to the actions of that third-party.
Cancellations
Under The Consumer Contracts Regulations 2013, You have the right to cancel within 14 days from placing Your order, provided (a) We have not commenced production of Your Services and (b) We have not obtained or created material for use in the production of Your Services. In either case (a) or (b) the right to cancel is no longer applicable, per regulation 13(1)(c) of The Consumer Protection (Distance Selling) Regulations 2000.
Termination of Services by You must be requested in a written notice or by email. The termination will be effective on receipt of such notice. Telephone requests for termination of Services will not be honoured until and unless confirmed in writing or email. You will receive a cancellation confirmation via email after We process Your cancellation request.
It is Your responsibility to inform Us of a Termination of Service.
The termination of Services that incur recurring payments must be made 14 days before the next scheduled payment date. If You do not inform Us of a Termination of Service, You may still be charged.
We will not refund any deposits or pre-paid fees if production has begun on the cancelled Services.
We reserve the right to cancel the Services at any time without giving any reason. Should We cancel this agreement before the completion of any Services, We will refund You the amount paid for the Services and any other payments.
Upon cancellation of Our web design service, We agree to provide a static copy of Your Website (Site Rip) if requested by You before the termination date. Should You request a Site Rip on or after the termination date, You will incur an additional administration fee of £49.99. You accept that any dynamic functionality will not be present in the Site Rip, including but not limited to forms, editing, and e-commerce functionality.
We will store the website data for 6 calendar months following the termination date unless You instruct Us, after the notice date, to delete the website data.
Improper use
The website and any other services We provide to You may only be used for lawful purposes. You agree to indemnify Us and hold Us harmless from any claims resulting from unlawful use of Our Services.
We reserve the right to modify or restrict access to Your website, without giving notice, if We have reason to believe that Your website may be in breach of relevant legislation. We will incur no liability in relation to this action, even if Your website is subsequently determined not to be in breach of relevant legislation.
Our services may only be used in accordance with Our Acceptable Use Policy. We reserve the right to modify Your website and/or restrict access to Our services, without giving notice, if We believe You have breached the Acceptable Use Policy.
You may not use, nor permit the use of, Our services for the sending of unsolicited and/or bulk email. We reserve the right to disable email services without notice upon learning of such activity. We reserve the right to seek legal remedy if such activity impacts Our ability to provide services to other customers.
Exclusions of liability
We will incur no liability for any errors in Your instructions or the initial content not corrected by You. You take full responsibility for ensuring that Your instructions and the initial content are correct.
You are responsible for maintaining the confidentiality of Your passwords and for restricting access to any device You use to access Your website. We will incur no liability for any consequence of Your failure to ensure such confidentiality and access restrictions.
The Services are provided without any warranty, or condition, or representation as to their fitness for any particular purpose.
In the event of any breach of contract by Us, the remedies available to You are limited to damages. Under no circumstances shall Our liability exceed the amount paid.
Force majeure
We shall not be held liable for failure to perform Our obligations under this agreement due to an act of God, war, civil war, sabotage, an act of terrorism, government sanction, embargo, import regulation, export regulation, labour disputes (including strikes, lockouts, boycotts, or other industrial action), failure in the transportation of equipment, machinery or personnel, failure in the provision of any utility (including power, gas, water, or communication services), or any event or circumstance beyond Our reasonable control.
Prior/other statements
No statement, description, information, warranty, or recommendation contained in any catalogue, price list, advertisement, or other promotional material or made verbally by any of Our agents or employees shall operate to vary these conditions.
Notices
A notice required or permitted to be given by Us to You under these terms shall be delivered to the email address You have specified to Us. Notice shall be considered to be received by You within 24 hours of the time it is emailed to You. We will incur no liability for Your failure to receive such a notice due to any errors in Your specified contact details not corrected by You.
A notice required or permitted to be given by You to Us under these terms shall be delivered in writing to Our registered business address or email.
Changes to terms of service
We may at any time, and at Our sole discretion, modify these Terms (Change) by giving notice of the Change and publishing a revised version of this agreement on Our website.
A Change will take effect immediately after We give notice.
If You do not accept a Change, You must cancel Your service. If You do not object to a Change by cancelling Your service within one calendar month notice period, You will be deemed to have accepted the Change.
Validity
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the original provision.
Disputes
In the event of any dispute with Us, You are entitled to use the Online Dispute Resolution Service.
Governing law
These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.