Terms of Service

Introduction

These Terms of Service (Terms) govern your use of the website www.build76.co.uk and all services provided by Build 76 Ltd (we, us, our, or the Company).

Build 76 Ltd is a company registered in England and Wales (Company Number: 16801822) providing web design, web development, and related digital services.

By accessing our website or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or Services.

Definitions

• Services means all web design, web development, hosting, maintenance, and related services we provide.
• Client or you means any individual or business that uses our website or engages our Services.
• Project means any work we undertake on your behalf as agreed in a proposal or contract.
• Deliverables means any work product created specifically for your Project, including websites, designs, code, and documentation, excluding Background IP and Third‑Party Materials.
• Content means any text, images, videos, data, or other materials provided by you or created as part of the Services.
• Background IP means our pre‑existing or reusable code, components, frameworks, build pipelines, themes, templates, methods, and know‑how used across projects.
• Third‑Party Materials means fonts, stock assets, plugins, licensed software, and open‑source components, each governed by their own licences.

Our Services

We provide the following services:

• Website design and development
• Custom web application development
• E‑commerce solutions
• Website hosting and maintenance
• Search engine optimisation (SEO)
• Content management system implementation
• Website performance optimisation

The specific scope of work for each Project will be outlined in a separate proposal or agreement.

Engagement and Acceptance

Proposals and Quotes

All proposals and quotes are valid for 30 days from the date of issue unless otherwise stated. Prices are subject to change after this period.

Acceptance

A contract is formed when you accept our proposal by:

• Signing a written agreement; or
• Providing written acceptance via email; or
• Making a payment (deposit or full payment); or
• Completing an order through our website.

Project Commencement

• Work will commence upon receipt of any required deposit and all necessary materials, content, and information from you.
• For Subscription and Payment Plan packages, Direct Debit setup must be completed prior to launch.

Payment Terms

Pricing

All prices are quoted in British Pounds (GBP) and are exclusive of VAT unless otherwise stated. We are not currently VAT registered.

Payment Method

• All monthly payments must be made by Direct Debit. Card payments are not accepted for monthly billing.
• Direct Debit is processed via Stripe (Bacs Direct Debit). Stripe handles and stores your bank details in accordance with UK data protection law. We do not store full bank account details on our systems.
• You are protected by the Direct Debit Guarantee. For details, see: stripe.com/gb/legal/bacs-direct-debit-guarantee
• We may accept card or bank transfer for one‑off charges (e.g., setup fee, ad‑hoc work) at our discretion.
• Cancelling or amending your Direct Debit mandate does not cancel your contract. Contract cancellation requires written notice per these Terms.

Setup Fee

All website projects require a £500 setup fee payable before work commences. The setup fee:

• Covers project kickoff, discovery, onboarding, and initial development work.
• Is fully refundable if, prior to launch, you notify us in writing that you wish to cancel for any reason, or if we are unable to complete the project.
• Secures your project slot in our schedule.

Subscription Packages

• Minimum term: 12 months, then rolling monthly unless cancelled with at least 30 days' written notice.
• Billing: monthly in advance by Direct Debit (Stripe). Direct Debit setup is required before launch.
• Start of fees: fees begin once your website is built and ready to launch.
• Early cancellation: if you cancel during the 12‑month minimum term, the remaining balance for the minimum term becomes immediately due.
• Changes to package: only upgrades are available during or after the minimum term. Downgrades are not offered.
• What's included: managed hosting, routine updates, and standard support as described in our Service Description and Fair Use Support Policy.

Payment Plan Packages

• Structure: £500 setup fee plus 6 monthly instalments.
• Start of instalments: monthly instalments are collected by Direct Debit (Stripe) and begin once your website is built and ready to launch. Direct Debit setup is required before launch.
• Hosting and support: included during the 6‑month payment plan period; thereafter available as add‑ons on a monthly or annual basis, as described at www.build76.co.uk/service-description
• Ownership: full ownership of Deliverables transfers to you upon completion of all payments and if/when you choose to host the website away from our services (see Intellectual Property). If you continue to use our hosting/services after the payment plan completes, the website continues in our managed environment under licence; you may request transfer at any time.

Price Changes

We may increase subscription prices, hosting costs, and associated running costs. Any increase will:

• Be communicated at least 30 days in advance and take effect from your next billing period after the notice period.
• Not affect any fixed Payment Plan already agreed, though hosting/support add‑ons may change at renewal.

Package Upgrades

You may upgrade your subscription package at any time. Upgrades will be prorated for the remainder of your current billing period. Downgrades are not available.

Late Payment

• Invoices are due within 14 days of issue.
• We may charge interest at 8% above the Bank of England base rate on overdue amounts (per the Late Payment of Commercial Debts (Interest) Act 1998).
• If a Direct Debit collection fails, we will reattempt collection and may charge a reasonable administration fee for failed collections. If payment remains overdue after 7 days' written notice, we may suspend hosting, support, and (for Subscriptions) licence rights.
• We may withhold delivery of completed work and recover reasonable debt recovery costs.

Additional Costs

Any work outside the agreed scope will be quoted separately and charged in addition to the original quote. We will always seek your approval before undertaking additional work.

Client Responsibilities

You agree to:

• Provide accurate and complete information as requested.
• Supply all content, images, and materials in a timely manner.
• Respond to requests for feedback and approvals within reasonable timeframes.
• Designate a single point of contact for communications.
• Make payments according to the agreed schedule.
• Review and test Deliverables thoroughly during the approval period.

Content Licensing Warranty

By providing any documents, images, videos, software, or other materials for use on your website, you warrant and represent that:

• You own the materials or have obtained all necessary licences, rights, and permissions to use them commercially.
• The materials do not infringe any third‑party intellectual property rights, including copyrights, trademarks, patents, or trade secrets.
• You have obtained any necessary model releases, location permits, or other permissions required for commercial use.
• The use of these materials on your website will not violate any applicable laws or regulations.
• You will indemnify us against any claims arising from the use of materials you have provided.

We are not responsible for verifying the ownership or licensing status of materials you provide. If you are unsure about the licensing status of any content, please consult a legal professional before providing it to us.

Delays caused by late provision of materials or feedback may affect project timelines and could result in additional charges.

Intellectual Property

Your Content

You retain ownership of all content, trademarks, and materials you provide. You grant us a licence to host, use, and modify your Content solely to deliver the Services. Upon request, we will provide a copy of your Content, subject to technical limits and any unpaid sums.

Subscription Website Packages

• Licence: While your subscription is active and you pay on time, we grant you a non‑exclusive, non‑transferable, non‑sublicensable, revocable licence to use and publicly display the website on domains you own or control.
• Ownership: Title to the website, the Project Materials, and our Background IP remains with us. No assignment of intellectual property is made under the Subscription Plan.
• Access to files: This is a managed service. Source code, repositories, build assets, databases, and CMS back‑end exports are not provided under the Subscription Plan. On termination or non‑renewal, we can provide a static export of publicly visible pages (HTML/CSS/JS as rendered) for reference only, excluding dynamic features and third‑party services.
• Third‑Party Materials: Your use is subject to third‑party licences. Some items may not be transferable outside our managed environment.

Payment Plan Website Packages

• Assignment on completion and transfer: Upon receipt of all amounts due under the Payment Plan, and if/when you choose to host the website away from our services, we assign to you all right, title, and interest in the Deliverables created specifically for your Project, excluding Background IP and Third‑Party Materials.
• Continued use in our environment: If you complete the Payment Plan but continue to use our hosting/services, the website will continue to operate in our managed environment under a licence, and you may request transfer and assignment at any time thereafter.
• Background IP licence: We grant you a perpetual, worldwide, non‑exclusive licence to use our Background IP solely as embedded in, and necessary to operate, the delivered website.
• Third‑Party Materials: Remain under their own licences. We will identify any items that require separate licences in your name for continued use after handover.
• Access and migration: After payment in full (and upon your request to transfer away), we will provide deliverable files and reasonable cooperation for migration to your chosen host. Any third‑party transfer fees are payable by you.

Optional Buyout (Subscription)

You may request a buyout of the then‑current website deliverables. If agreed, and upon payment of a buyout fee equal to the remaining minimum period (if any) plus 12 months of subscription fees, plus any applicable third‑party transfer costs, we grant you a perpetual, non‑exclusive licence to the deliverables provided in the buyout package. Background IP that cannot be assigned may be licensed only as embedded object code or compiled assets.

Custom Web Applications

For custom web applications, intellectual property ownership will be specified in your project proposal or separate agreement. Generally:

• We retain ownership of any pre‑existing code, frameworks, templates, or proprietary tools.
• Custom business logic and application‑specific code ownership will be agreed in writing.
• Third‑Party Materials remain subject to their respective licences.

Attribution and Portfolio Rights

• Site credit link: Unless otherwise agreed in writing, the website must display a small, unobtrusive credit link on all pages stating "Website design by Build 76" linking to www.build76.co.uk. The credit link may be removed for a flat fee on request.
• Portfolio: Unless otherwise agreed in writing, we may display non‑confidential elements of your completed project in our portfolio and marketing. You may opt out by notifying us in writing; we will remove your materials within a reasonable period, subject to any legal or attribution requirements.

Revisions and Approvals

Revision Rounds

Our quotes typically include a specified number of revision rounds. Additional revisions beyond this allowance will be charged at our standard hourly rate.

Approval Process

You will be asked to approve work at key milestones. Once approved, changes to that phase may incur additional charges. Final approval signifies acceptance of the Deliverables.

Testing and Launch

You are responsible for thoroughly testing the website or application before launch. While we conduct our own quality assurance, we cannot guarantee that all issues will be identified pre‑launch.

Hosting and Maintenance

Hosting Services

Where we provide hosting (included with Subscriptions; included during the Payment Plan period; optional thereafter):

• Primary stack: Directus (headless CMS), Next.js and Astro for front‑end, hosted on Netlify or comparable managed platforms.
• We use reputable UK/EU and/or international providers and aim for high availability but cannot guarantee 100% uptime.
• Hosting fees (where applicable) are payable in advance.
• We are not liable for downtime caused by third‑party providers, scheduled maintenance, or force majeure.

Data and Backups

Backups (where included) are intended for service restoration, not archival. We recommend you keep your own copies of important Content. We are not responsible for loss of data due to third‑party failure or circumstances beyond our reasonable control.

Maintenance

• Subscriptions include routine updates, security patches, and backups as described in our Service Description and Fair Use Support Policy.
• Payment Plans include maintenance during the plan period; ongoing maintenance after the plan completes is available as an add‑on.

Warranties and Disclaimers

We provide the Services with reasonable skill and care. For website projects, we offer a 30‑day defect‑remedy period after launch for bugs attributable to our work.

Nothing in these Terms affects any rights you may have under applicable UK consumer legislation where you act as a consumer.

Limitations

We do not warrant or guarantee:

• Specific search engine rankings or SEO results.
• Particular business outcomes or revenue increases.
• Compatibility with all browsers, devices, or future technologies.
• Uninterrupted or error‑free operation.
• Third‑party services, plugins, or integrations.

Third‑Party Services

We are not responsible for any third‑party services integrated into your Project, including payment gateways, email providers, analytics tools, CDNs, deployment platforms, and social media platforms.

Money‑Back Guarantee

We offer a 100% money‑back guarantee on the setup fee:

• If you are not satisfied with the work before launch, you may request a full refund of your setup fee.
• If we are unable to complete the project for any reason, your setup fee will be fully refunded.
• If you cancel your project before launch for any reason, your setup fee will be fully refunded.

This guarantee applies to the £500 setup fee only. Once your website is launched and subscription or payment plan charges begin, standard cancellation terms apply (see Termination and Cancellation).

Fair Use Support Policy

Subscription packages include ongoing support subject to our fair use policy:

• Support covers bug fixes, minor content updates, technical assistance, and guidance on using your website.
• Support requests should be reasonable in scope and frequency.
• Support does not include major redesigns, new feature development, extensive content creation, or work that would typically be quoted separately.
• We reserve the right to quote separately for requests that fall outside reasonable support.

Payment Plan packages include limited post‑launch support during the plan period (and typically 30–90 days thereafter where specified). Ongoing support can be purchased separately or by upgrading to a Subscription.

Limitation of Liability

• Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under English law.
• Subject to the above, our total liability arising out of or in connection with the Services shall not exceed the total fees paid by you to us in the 12 months preceding the event giving rise to the claim.
• We shall not be liable for indirect or consequential losses, including loss of profit, revenue, data, business, or goodwill, in each case only to the extent permitted by law.
• The limitations in this clause are considered reasonable in light of the nature of the Services and fees charged.

Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your breach of these Terms; (b) your use of our Services; (c) Content you provide that infringes any third‑party rights; or (d) any violation of applicable laws in connection with your use of our Services.

Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of our engagement, including business strategies, financial information, customer data, technical specifications, and any information marked as confidential. This obligation survives termination and does not apply to information that becomes public through no fault of the receiving party.

Termination and Cancellation

Pre‑Launch Cancellation

If you cancel your project before launch:

• Your £500 setup fee will be fully refunded.
• No further charges will apply.
• Any work completed remains our property.

Subscription Cancellation

• Minimum term: 12 months. If you cancel during the minimum term, the remaining balance for the minimum term becomes immediately due.
• After the minimum term, you may cancel with at least 30 days' written notice.
• Effect of cancellation or non‑payment: the subscription licence and access to hosting/support end. On request within 30 days, we will provide an export of your Content and, where technically feasible, a static export of publicly visible pages for reference only. Source code, repositories, databases, and build tooling are not included.

Payment Plan Cancellation

• If you cancel before completing all payments, the remaining balance becomes immediately due and we may suspend services.
• Ownership transfers only upon completion of all payments and upon your request to transfer away from our services. Prior to transfer, your site operates in our managed environment under licence.

Cancellation by Us

We may terminate our agreement if:

• Payment is not received within 30 days of the due date.
• You breach these Terms and fail to remedy within 14 days of notice.
• You become insolvent or enter administration.
• The Project becomes unfeasible due to circumstances beyond our control.

If we cancel due to circumstances within our control or are unable to complete the project, your setup fee will be fully refunded.

Force Majeure

Neither party shall be liable for any failure or delay in performing obligations due to circumstances beyond reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemic or pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

Website Use

Acceptable Use

When using our website, you agree not to:

• Use the website for any unlawful purpose.
• Attempt to gain unauthorised access to our systems.
• Transmit any viruses, malware, or harmful code.
• Interfere with the proper functioning of the website.
• Copy, reproduce, or distribute our content without permission.
• Use automated systems to access the website without our consent.

Website Content

All content on our website, including text, graphics, logos, and software, is our property or licensed to us and is protected by copyright and other intellectual property laws. You may not use our content without our express written permission.

Governing Law and Disputes

These Terms and any dispute or claim (including non‑contractual disputes or claims) are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

Before issuing proceedings, both parties will use reasonable endeavours to resolve disputes amicably, including a good‑faith discussion between senior representatives.

Changes to These Terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated "Last updated" date. For existing clients, material changes will be communicated via email. Continued use of our website or Services after changes constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms, together with any specific project proposal or agreement, constitute the entire agreement between you and Build 76 Ltd and supersede all prior negotiations, representations, or agreements relating to our Services. Any additional or conflicting terms in your purchase orders or other documents shall not apply unless expressly agreed in writing.