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 entity 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, including but not limited to websites, applications, designs, code, and documentation.
• "Content" means any text, images, videos, data, or other materials provided by you or created as part of the Services.

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 we provide 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
• Providing written acceptance via email
• Making a payment (deposit or full payment)
• 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.

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.

Setup Fee

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

• Covers project kickoff, discovery sessions, onboarding, and initial development work
• Is fully refundable if you cancel before launch or if we are unable to complete the project
• Is fully refundable if you are not satisfied with the work before launch
• Secures your project slot in our development schedule

Subscription Packages

For subscription-based website packages:

• All subscriptions have a minimum term of 12 months
• Monthly payments are due in advance via Direct Debit or card payment
• Subscription fees begin once your website is built and ready to launch (pre-launch)
• If you cancel during the 12-month minimum term, the remaining balance for the minimum term becomes immediately due
• After the minimum term, you may cancel with 30 days' written notice

Payment Plan Packages

For payment plan website packages:

• Payment is structured as the setup fee plus 6 monthly instalments
• Monthly payments begin once your website is built and ready to launch
• Full ownership of the website transfers to you upon completion of all payments

Price Changes

We reserve the right to increase subscription prices, hosting costs, and associated running costs. Any price increases will:

• Be communicated to you at least 30 days in advance
• Take effect at the start of your next billing period after the notice period
• Not affect any fixed-term agreement until 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 available at the end of your current minimum term.

Late Payment

Invoices are due within 14 days of issue. We reserve the right to:

• Charge interest at 8% above the Bank of England base rate on overdue amounts
• Suspend services until payment is received
• Withhold delivery of completed work
• Recover reasonable debt collection 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 upon 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 with 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 to us. You grant us a licence to use these materials solely for the purpose of delivering the Services.

Subscription Website Packages

For websites provided under a subscription model:

• We retain full ownership of the website, including all designs, code, and technical implementations
• You are granted an exclusive licence to use the website for your business purposes for the duration of your subscription
• The website is licensed for your exclusive use only and may not be transferred, sublicensed, or used by third parties
• Upon cancellation or termination of your subscription, all services cease and access to the website will be removed
• You retain ownership of any content you have provided (text, images, logos, etc.) and may request an export of this content

Payment Plan Website Packages

For websites purchased via payment plan:

• Upon completion of all payments, you will own the website design and content created specifically for your project
• We retain intellectual property rights over any custom-built software, tools, integrations, or proprietary systems developed for your project that are not commercially available or open-source
• You are granted a perpetual, non-exclusive licence to use any custom software or tools as part of your website
• Third-party components (themes, plugins, libraries, open-source software) remain subject to their respective licences
• We retain the right to use generic code, techniques, and non-proprietary elements in other projects

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 upon in writing
• Third-party components remain subject to their respective licences

Portfolio Rights

Unless otherwise agreed in writing, we reserve the right to display your completed project in our portfolio and marketing materials, and to identify you as a client.

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 as part of our services:

• We use reputable third-party hosting providers
• We aim for high availability but cannot guarantee 100% uptime
• We are not liable for downtime caused by third-party providers
• Hosting fees are payable in advance

Maintenance

Ongoing maintenance (updates, security patches, backups) is only included if specified in your package or agreement. We strongly recommend a maintenance plan to keep your website secure and functioning optimally.

Warranties and Disclaimers

Our Warranty

We warrant that our Services will be performed with reasonable skill and care. For website projects, we provide a 30-day warranty period after launch to fix any bugs or issues with our work at no additional cost.

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 but not limited to payment gateways, email providers, analytics tools, 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 section).

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 support as specified in your package (30-90 days depending on the package selected). After this period, support can be purchased separately or by upgrading to a subscription package.

Limitation of Liability

To the fullest extent permitted by law:

• Our total liability for any claim arising from our Services shall not exceed the total fees paid by you for the relevant project or service
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for loss of profits, revenue, data, business opportunities, or goodwill
• We shall not be liable for any losses arising from your use of third-party services

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.

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. This includes:

• Business strategies and plans
• Financial information
• Customer data
• Technical specifications
• Any information marked as confidential

This obligation survives termination of our agreement and does not apply to information that becomes publicly available 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

For subscription website packages:

• All subscriptions have a minimum term of 12 months
• If you cancel during the 12-month minimum term, the remaining balance for the full 12-month term becomes immediately due
• After the minimum term, you may cancel with 30 days' written notice
• Upon cancellation, all services will cease, including hosting, maintenance, and access to the website
• We retain ownership of the website (see Intellectual Property section)
• You may request an export of any content you provided (text, images, etc.) within 30 days of cancellation

Payment Plan Cancellation

For payment plan website packages:

• If you cancel before completing all payments, the remaining balance becomes immediately due
• Ownership of the website only transfers upon completion of all payments
• We may suspend services if payments are not maintained

Cancellation by Us

We reserve the right to 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 but not limited to: natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, 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 are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

We encourage resolving disputes amicably. Before taking legal action, you agree to contact us to attempt to resolve the matter informally.

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. They 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.