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). We design, build, host and look after websites for small businesses on a pay monthly subscription. It is a fully managed, done for you service.

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 the design, build, hosting, domain, email, security, maintenance, changes and support we provide as part of your subscription, together with any bespoke work agreed separately.
• Client or you means any individual or business that uses our website or subscribes to our Services.
• Subscription or Plan means the monthly plan you choose, which sets your monthly fee and what is included.
• Website means the website we design, build, host and manage for you as part of your Subscription.
• Content means the text, images, videos, data and other materials you provide or that we add on your behalf.
• 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

Your Subscription is a single, managed service. Depending on the plan you choose, it includes:

• Website design and build, made for your business.
• Managed hosting on a fast, secure platform.
• Your domain name and business email, set up and looked after.
• SSL, security, and daily backups.
• Ongoing changes and updates, handled by us.
• Search engine optimisation (SEO) as described in your plan.
• UK-based support.

Exactly what is included depends on the plan you choose. See our Pricing and Service Description for the detail. Larger or bespoke work, such as a custom web application, is scoped and quoted separately (see Bespoke Projects).

Engagement and Acceptance

Getting started

A subscription begins when you accept our offer by completing an order through our website, confirming in writing by email, or setting up your Direct Debit mandate.

Building your website

• Work begins once you have accepted and provided the content, materials and information we need to get going.
• You set up a Direct Debit mandate before your website goes live. Nothing is collected until your website is live and you are happy with it.

Payment Terms

Pricing

Our plans start from £20 per month, with the monthly fee set by the plan you choose. All prices are in British Pounds (GBP) and exclusive of VAT, which is charged in addition at the prevailing rate (currently 20%).

No setup fee

There is no setup fee and no upfront cost. Nothing is charged until your website is built, live, and you are happy with it. If you decide before launch that it is not for you, you can walk away and you will not be charged.

Payment method

• Monthly payments are made by Direct Debit. Card payments are not used 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 any one-off, out-of-scope work at our discretion.
• Cancelling or amending your Direct Debit mandate does not, by itself, cancel your Subscription. To cancel, please let us know in writing (see Termination and Cancellation).

Your subscription

• No minimum term. Your Subscription runs monthly and you can cancel at any time (see Termination and Cancellation).
• Billing. Your monthly fee is billed monthly in advance by Direct Debit.
• When fees start. Your first payment starts once your website is live and you are happy with it, not before.
• Fully managed. Your Subscription is a managed service. We look after the hosting, updates, security, backups and changes, so you never have to.
• What is included. Managed hosting, routine updates, security, backups and support are included as described in your plan, our Service Description, and the Fair Use Support Policy below.

Price changes

We may change subscription prices, hosting costs and associated running costs from time to time. Any increase will be communicated at least 30 days in advance and take effect from your next billing period after the notice period. If you do not wish to continue at the new price, you can cancel before it takes effect.

Late payment

• Any one-off 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. If payment remains overdue after 7 days' written notice, we may suspend your hosting, support and the licence to use your website.
• We may recover reasonable debt recovery costs.

Additional costs

Any work outside what your plan includes will be quoted separately and charged in addition. We will always agree it with you before starting.

Client Responsibilities

You agree to:

• Provide accurate and complete information as requested.
• Supply the content, images and materials we need in a timely manner.
• Respond to requests for feedback and approvals within reasonable timeframes.
• Give us a single point of contact for communications.
• Keep your Direct Debit mandate in good standing.
• Review your website during the approval period before launch.

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 timelines.

Intellectual Property and Ownership

Your content

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

Your domain and email

We register and manage your domain name and business email as part of your Subscription. If you cancel, you can ask us to transfer your domain to a registrar account in your own name, subject to any registrar requirements and any unpaid sums. Your email mailboxes and their contents remain yours.

The website itself

• Managed, not sold. This is a subscription to a managed website, not a purchase. The website, its design and its code are not sold to you and do not become your property.
• Your licence. While your Subscription is active and paid up to date, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use and publicly display your website on your domain.
• Ownership. Title to the website, its design and code, and our Background IP, remains with us at all times.
• Access to files. Because it is a managed service, source code, repositories, build assets, databases and CMS exports are not provided. If you cancel, we can provide a static export of your publicly visible pages (HTML, CSS and JS as rendered) for reference only, without dynamic features, integrations or third-party services.
• Third-Party Materials. Any third-party materials used in your website remain under their own licences and may not be transferable outside our managed environment.

Bespoke projects

Larger or bespoke work, such as a custom web application or an MVP, is a separate engagement governed by its own written proposal, which sets out the price, scope and any intellectual property terms for that project. Where a proposal says you own the custom work built for you, those terms apply to that project. In all cases, we keep our Background IP, and Third-Party Materials stay under their own licences.

Attribution and portfolio

• Site credit link: Unless otherwise agreed in writing, your website may display a small, unobtrusive credit reading "Website design by Build 76" linking to www.build76.co.uk. It can be removed on request.
• Portfolio: Unless otherwise agreed in writing, we may show non-confidential elements of your website in our portfolio and marketing. You can opt out by telling us in writing, and we will remove your materials within a reasonable period.

Changes and Approvals

Changes to your site

Ongoing changes and updates are part of your Subscription, subject to the Fair Use Support Policy below. Larger pieces of work, such as new sections, new features or a redesign, may be quoted separately, and we will always agree that with you first.

Approval and launch

You will be asked to review your website before it goes live. While we carry out our own quality checks, you are responsible for reviewing your site before launch, and we cannot guarantee that every issue will be spotted beforehand.

Hosting and Maintenance

Hosting

Hosting is included with your Subscription for as long as it is active:

• Primary stack: Directus (headless CMS), with Next.js and Astro for the front end, hosted on Netlify or comparable managed platforms.
• We use reputable providers and aim for high availability, but cannot guarantee 100% uptime.
• We are not liable for downtime caused by third-party providers, scheduled maintenance or events beyond our reasonable control.

Data and backups

Backups are taken to restore the service, not as an archive. 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

Your Subscription includes routine updates, security patches and backups, as described in our Service Description and the Fair Use Support Policy below.

Warranties and Disclaimers

We provide the Services with reasonable skill and care, and we fix bugs attributable to our work as part of your Subscription.

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 website, including payment gateways, email providers, analytics tools, CDNs, deployment platforms and social media platforms.

Nothing to Pay Until You're Live

There is no upfront cost and no setup fee. We design and build your website first, and your monthly payments only begin once it is live and you are happy with it.

If, before launch, you decide it is not for you, you can walk away and you will not be charged. Once your website is live, the standard cancellation terms apply (see Termination and Cancellation).

Fair Use Support Policy

Your Subscription includes support and changes, subject to fair use:

• Support and changes cover bug fixes, content updates, technical help and guidance on your website.
• Requests should be reasonable in scope and frequency.
• Fair use does not include major redesigns, new feature development, extensive content creation, or work that would normally be quoted separately.
• We may quote separately for requests that fall outside reasonable fair use, and we will always agree it with you first.

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 the 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 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

Before launch

• You can cancel any time before your website goes live, for any reason, at no cost.
• Nothing is charged, as no payments begin until you are live.
• Any work we have done remains our property.

Cancelling your subscription

• No minimum term. You can cancel your Subscription at any time by telling us in writing. Cancellation takes effect at the end of your current paid month, and we do not refund part-months.
• What happens next. When your Subscription ends, your licence to use the website, and its hosting and support, come to an end, and your website is taken offline.
• What you can take. On request within 30 days of cancelling, we will provide a copy of your Content and, where technically feasible, a static export of your publicly visible pages for reference only. Source code, repositories, databases and build tooling are not included. You can also ask us to transfer your domain to your own registrar account.

Cancellation by us

We may end your Subscription if:

• Payment is not received within 30 days of the due date.
• You breach these Terms and do not put it right within 14 days of notice.
• You become insolvent or enter administration.
• Continuing becomes unfeasible due to circumstances beyond our control.

Where we end the Subscription, the same options for taking a copy of your Content and transferring your domain apply.

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.

Our 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 by 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 your chosen plan and any bespoke project proposal, 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 own documents shall not apply unless expressly agreed in writing.