Terms of Use

WebDad is the trading name through which I provide website and digital services. The legal contracting party is Webdad Ltd, a company registered in England and Wales, company number 17487178. In these Terms, "WebDad" means Webdad Ltd.

I write these Terms in the first person because clients deal directly with me. Where I say "I", "me" or "my", I mean me acting for Webdad Ltd. Every contract, right and obligation under these Terms belongs to Webdad Ltd, not to me personally, unless a signed document says otherwise.

"You" and "your" mean the client or other person using my services, and "Client" means the person or organisation that has entered into a contract with WebDad.

These Terms apply to every proposal, quotation, project and ongoing service, together with any signed service agreement or project schedule. They also apply to anyone using my website or client portal.

A "consumer" is an individual acting wholly or mainly outside their trade, business, craft or profession. Where you are a consumer, nothing in these Terms removes or limits any right you have under mandatory law. A sole trader or small business is treated as a consumer only where the law gives that protection. Terms that refer to "business clients" apply only where you are not a consumer.

I provide website design, website development, website hosting, website maintenance, website support, client portals and digital business services for small businesses and organisations.

The exact services I provide depend on the agreed package, proposal, quotation, project scope, invoice or service agreement. Services that are not listed in those documents are not included.

My services may change and improve over time as part of ongoing support, maintenance and development. I will not reduce the services you have paid for without your agreement or without following the change process in these Terms.

I operate primarily as a managed website service. Unless I expressly agree otherwise in writing, you are buying website design and access to a professionally managed website service, which may include website hosting, maintenance, updates, security, technical support, development and client portal access.

Unless I expressly agree otherwise in writing, you are not buying ownership of my underlying software, source code, systems, frameworks, platform architecture or technical infrastructure.

Buying a website design does not by itself include perpetual hosting, ongoing maintenance, third-party subscriptions, domain renewals or ownership of the underlying development technology. Those things are included only where your proposal, package description, project schedule or service agreement says so.

I manage the technical infrastructure required to deliver these services so you can focus on running your business.

The agreed proposal, quotation, package description or written specification decides what work is included. Anything not listed is outside the scope.

If you want additional features, extra pages, further revisions, a redesign or any other change outside the agreed scope, you must request it in writing (including through the client portal). I will tell you the price and the effect on the timetable, and I will carry out and charge for the change only once you have approved it in writing. I will not add fees by silence or by a pre-ticked option.

Revisions within the agreed allowance cover adjustments within the approved scope. Correcting a failure to meet the agreed specification is not a chargeable revision.

Dates and timetables are estimates unless I expressly state that a deadline is binding. I will tell you promptly of any foreseeable delay and propose a revised timetable.

Missing information, late materials, late feedback or approvals, changing requirements and circumstances outside my reasonable control may move the timetable. They do not give me an unlimited right to delay work.

When a website is ready for review, I will give you a reasonable opportunity to check it against the agreed specification. Launch requires your express written approval and payment of any balance properly due under the agreed payment schedule, subject to your statutory rights. Silence is not approval or a waiver of defects.

You are responsible for giving me accurate, complete and lawful information, materials, access details and feedback, responding to my requests within a reasonable time, reviewing the work I send you, and approving deliverables.

You keep ownership of your logos, trademarks, images, written content, business information and other materials that you supply ("Client Materials"), or they remain with the person who owns them.

You give me a non-exclusive permission to use Client Materials only as reasonably necessary to provide the agreed services, including building, hosting, maintaining and supporting your website.

You are responsible for making sure you have the rights, permissions and licences needed for all content, images, logos, fonts, documents, customer information and other materials you provide, and for the information published on your website being accurate, lawful and suitable for publication.

You are responsible for making sure that your website and your business activities meet any legal, regulatory or industry-specific requirements that apply to you, unless I have expressly agreed in writing to provide a specific compliance service. I do not provide legal, accounting, financial or regulatory advice, and you should take professional advice where you need it.

You must not send me passwords in public files and must use the secure access method I agree with you.

You must not ask me to publish or host content that is unlawful, infringes another person's copyright or other rights, is defamatory, is misleading or makes false claims, or is used for a prohibited or unlawful activity.

If I reasonably believe that content or an instruction is unlawful or infringing, I will assess the concern reasonably and tell you what it is. I may then ask you to remove or correct the material within a reasonable period stated in my notice. If you do not, I may remove or suspend that material, or the part of the service that displays it.

I may act immediately and without prior notice only where this is necessary to prevent serious harm, to protect other people or my systems, or to comply with the law, a court order or a request from a regulator or hosting provider. I will tell you afterwards what I did and why, unless the law prevents this.

You will compensate WebDad for reasonable losses, costs and damages that it suffers because of a third-party claim arising from Client Materials, or from instructions you gave that were unlawful, to the extent that the claim arises from your breach of these Terms. This applies only if I tell you promptly about the claim, allow you a fair opportunity to deal with it where practical, and take reasonable steps to limit the loss.

This indemnity is limited to losses reasonably foreseeable at the time of the contract. It does not apply to losses caused by my own breach, negligence or wrongdoing, and it applies to consumers only as far as the law allows. It is subject to clause 22.

Where you provide an existing logo, brand identity, images or other creative materials, they remain yours or your rights holder's.

Where I create a bespoke logo or other branding asset for you, ownership and permitted use depend on the agreed service, the proposal and any separate written agreement. If an assignment is intended, clause 8 applies.

Copyright does not protect a business name, and I do not promise that any name, logo or slogan can be registered or is free from third-party rights. Rights in names and branding can depend on trade mark law, passing off and other laws. You are responsible for checking and clearing any name or brand you wish to use. I will not register a trade mark for your business name, or claim rights in it, unless I have agreed this with you in writing.

I may use properly licensed fonts, images, icons, stock assets, software or other third-party resources in my work. They remain subject to their original licences and may not be transferable to you. I will explain material restrictions where I know of them.

Hosting, maintenance, support and similar services are provided for as long as the ongoing service is active and paid for, as set out in your schedule or package. There is no minimum subscription term unless a lawful and clearly explained minimum term is agreed before you sign.

When a hosting or management subscription ends, I may stop hosting your website and remove it from my systems, after the notice and retention steps in clauses 14 and 17.

Content that belongs to you can generally be exported, including your text, images, documents and business data, where this is technically practical. Elements that depend on my systems, my licences or third-party platforms, such as my proprietary components, reusable code, automations, hosted environments and plugins licensed to me, cannot be transferred and may stop working outside my service.

On request I will give reasonable help with migrating your website to another provider. Basic export of your own content is available on request. Paid migration assistance, such as setting up the site on another platform, will be quoted and agreed with you before it starts. Any source code or technology transfer must be agreed separately in writing under clause 8.

I may provide secure client portals to help you view project details, messages, files, invoices, contracts, support requests and other information about your services.

Portal access is for authorised users only. You must keep login credentials secure and you are responsible for activity on your account. Account access alone does not prove a person's authority to bind your organisation.

I may restrict or remove portal access in the circumstances described in clauses 14 and 17, or where continued access presents a security or operational risk. I will give notice first where this is reasonable. You should download contracts, invoices and other records you need before portal access ends.

This clause applies to cancellations outside a consumer's statutory cancellation right, which clause 16 covers separately.

Cancelling before work has started: if you cancel before I have started any work or incurred any cost for you, I will refund sums paid, less any reasonable administration cost or third-party cost properly incurred and explained to you.

Cancelling after work has started: I will account for work completed up to the date of cancellation, approved milestones, and any lawful and unavoidable third-party commitments, and give you an itemised calculation. A deposit is credited against that account. Money paid is not described as automatically non-refundable: where you have paid more than the value of the work done and costs incurred, I will refund the difference without undue delay.

Cancelling after the website has been completed: you remain liable for the agreed fee for the completed work, less any amount already paid. Subject to clause 8, the licence to use the completed website applies once the build fee has been paid in full.

Any sum I retain or claim must reflect a lawful entitlement and my actual and reasonable loss. It is not a penalty, and no right to the entire unpaid project balance arises merely because the contract is cancelled.

Either party may end a contract for a material breach by the other that is not put right within 14 days of a written notice describing it, or immediately where the breach cannot reasonably be remedied or the law allows this.

This clause applies where you are a consumer and a statutory cancellation right applies, including to distance and off-premises service contracts. Nothing in these Terms is intended to contract out of your mandatory consumer rights.

You may cancel without giving a reason within 14 days after the day the contract is entered into. You can do this by emailing hello@webdad.co.uk, using a clear portal message, or making any other clear statement. Any cancellation form I provide is optional. Where I have not given you the information the law requires, the period may be extended.

I will not start services during the cancellation period unless you separately and expressly ask me to start early. A request for an early start is never a condition of signing.

If you ask for an early start and then cancel within the period, you pay only a proportionate amount for the services supplied up to the time you told me you were cancelling, compared with the full contract price. There is no charge for early work where the statutory conditions for charging have not been met.

You lose your right to cancel for a service that has been fully performed within the period only if you expressly asked for it to start and acknowledged that you would lose the right to cancel once it was fully performed. Hosting, maintenance and other ongoing services are not fully performed merely because the website has launched.

I will refund sums due without undue delay and no later than 14 days after being told you are cancelling, using your original payment method unless you agree otherwise, and without any fee for the refund.

Your statutory rights remain unaffected, including services being provided with reasonable care and skill, and rights to repeat performance or a price reduction where services are not as required.

Either party may end ongoing hosting or maintenance by giving 30 days' written notice, or any other notice period agreed in writing. Charges continue only for services supplied during the notice period, and I will refund unused prepaid amounts after the end date unless a lawful, agreed and fair third-party commitment applies. This does not replace your statutory cancellation rights or either party's rights to end a contract for breach, and it does not by itself cancel an unfinished build project.

When a service ends, I may stop hosting, maintenance, development, support and client portal access after telling you the planned end date and giving you a reasonable opportunity to take copies of your records and content.

Termination of a managed website service does not transfer source code, systems, frameworks, reusable code or platform architecture to you. Subject to the law, and to payment of undisputed fees that are due, I will provide reasonable access to your own text, images, business data and agreed exports where technically practical. Any request for a transfer of source code, systems or intellectual property must be agreed separately in writing and may attract additional fees and conditions.

Termination does not affect rights and liabilities that have already arisen. Clauses that by their nature are meant to continue, including those on intellectual property, payment of sums due, confidentiality, data protection, liability, complaints, notices and governing law, survive termination.

Users must not misuse my website, services or systems, attempt unauthorised access, upload malicious software, disrupt services or use my systems unlawfully.

Users must not attempt to compromise the security of my systems, my clients, my infrastructure or third-party systems.

I may restrict or block access where activity risks the security, stability or lawful operation of my services, acting proportionately and telling you why where I can.

I will carry out the agreed work with reasonable care and skill, and I aim to provide reliable and professionally managed services. I will investigate defects you notify to me and put right any failure to meet the agreed specification within a reasonable time, without using revision limits to charge for my own defective work.

No website, hosting environment or online service can be guaranteed to be uninterrupted, completely secure or free from errors. I do not promise any particular uptime, and I do not guarantee search engine rankings, website traffic, enquiries, conversion rates, sales, revenue or other business results, unless I expressly agree a specific commitment in writing.

Services may be affected by planned maintenance, urgent security work, updates, technical issues, third-party services, hosting providers, software changes, discontinued services, internet connectivity, cybersecurity incidents and other circumstances outside my reasonable control. I will make reasonable efforts to maintain availability, performance and security and, where practical, to give advance notice of planned disruption.

Express promises in your agreement, and your statutory rights, are not overridden by this clause.

I provide backups only where your package, schedule or agreement says so, together with the frequency, retention and any charge. You should not assume that backups exist if none are stated. I do not promise that any backup will be complete or that data can always be recovered.

Where backups are included, I will take reasonable steps to restore your website from them if it is lost or damaged. Restoration outside the agreed service, or recovery after malware or other incidents, may be charged separately and will be quoted first.

You remain responsible for keeping your own copies of your original content, images, documents and business records, and for the accuracy of anything you add to your website. You should tell me promptly if you notice data loss or a fault.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for any breach of terms implied by law that cannot be excluded, or for any other liability that cannot legally be excluded or limited. Nothing excludes responsibility for an unlawful suspension, for breach of data protection law where the law imposes responsibility, or for infringement of intellectual property where exclusion would be unlawful.

For business clients only, and to the extent that it is lawful and reasonable, the total liability of Webdad Ltd for all claims arising from the service giving rise to a claim is limited to the fees paid for that service in the 12 months before the event that gave rise to the claim. I am not liable to business clients for indirect or consequential loss, loss of profits, loss of business, loss of opportunity or loss of anticipated savings.

I am also not liable for loss that results from downtime, hosting outages, third-party platform failures, changes or discontinuation of third-party software, data loss that you could have avoided by keeping your own copies, Client Materials, search engine ranking changes, traffic or conversion levels, delays caused by third parties or events outside my reasonable control. This applies except to the extent the loss was caused by my breach, negligence or failure to use reasonable care and skill, and except where the law does not allow the exclusion.

If you are a consumer, the business liability cap and exclusions in this clause do not apply to you. I am responsible for loss or damage that is a foreseeable result of my breach or my failure to use reasonable care and skill, subject to applicable law.

Neither party is responsible for losses to the extent they were caused by the other party's breach, and each party must take reasonable steps to reduce avoidable loss.

Where I suspend services for non-payment in line with clause 14, I am not liable for losses resulting from it, but this does not apply to an unlawful or unjustified suspension.

Neither party is liable for a delay or failure to perform caused by an event genuinely beyond its reasonable control, to the extent it could not reasonably have been prevented or reduced.

Such events may include internet outages, data centre failures, cyber attacks, denial-of-service attacks, power outages, natural disasters, epidemics, labour disputes, government actions or failures of third-party service providers.

The affected party must tell the other promptly, take reasonable steps to limit the disruption and resume performance as soon as it can. This does not excuse amounts already properly due, failures within a party's control or statutory refund rights. If a prolonged event makes performance impractical, I will discuss fair cancellation and payment for work actually supplied with you, subject to your mandatory rights.

Each party will comply with applicable UK data protection law, including the UK GDPR and the Data Protection Act 2018.

Where I collect and use personal data for my own business, such as to deal with enquiries, manage your account, take payments and run my website, Webdad Ltd acts as a data controller. My Privacy Policy explains this.

Where I handle personal data on your behalf and on your instructions, such as customer or enquiry data collected through your website, Webdad Ltd acts as your data processor and you are the controller. You decide the lawful purposes, notices and consents for your website. I will carry out only the compliance work that is expressly included in your agreed service.

A privacy policy does not by itself satisfy the contract requirements that apply to a processor. Where I act as your processor, I will enter into a separate written data processing agreement with you before that processing starts. It will cover, as a minimum, processing only on your documented instructions, confidentiality of people who handle the data, appropriate security measures, the use of sub-processors, help with data subject requests, notification of personal data breaches, return or deletion of data at the end of the service, and the information needed to show compliance. This clause is not a substitute for that agreement. Please contact me to arrange one if you do not already have one.

Both parties will protect confidential information, use it only for the services, restrict access to those who need it, and disclose it only where the law requires or with permission. Both parties will cooperate promptly if there is a suspected data incident.

I make no claim in these Terms about security certifications, backup guarantees or regulatory approvals beyond what is stated in your agreement.

I may use third-party services and platforms to provide parts of my services, including hosting, software, payment processing, email, analytics, security, integrations and other technical services.

These services have their own terms, conditions, privacy policies and limitations. I remain responsible for my own contractual duties and for taking reasonable care when I choose and manage suppliers. I am not responsible for changes, outages, limitations or failures of third-party services that are outside my reasonable control.

Unless you tell me otherwise in writing, I may display the public, live parts of your completed website in my portfolio, on my website, and in case studies and marketing materials, including screenshots and a link to the site. I may identify the work as mine.

I will not publish your confidential information, private areas of your website, personal data, login details or content belonging to third parties, and I will not name you in a testimonial or detailed case study without your permission.

You can ask me in writing at any time to stop using your project for promotion, and I will stop using it in new materials within a reasonable time. Any specific written agreement that limits promotional use takes priority over this clause.

If you have a complaint, please contact me through the client portal or at hello@webdad.co.uk, explaining the problem and the outcome you would like.

I will acknowledge your complaint promptly and aim to give a full response within 14 days, or tell you when you can expect one. I will try to resolve any dispute in good faith, and the parties may agree to mediation. This does not stop either party from starting court proceedings or seeking urgent relief.

Where the law requires, I will tell you about an appropriate certified alternative dispute resolution body after an unresolved consumer complaint, and whether I will take part. I do not impose mandatory paid arbitration.

I will give you notices by email to the address on your account, by message in the client portal, or by post to the address you have given me. You must keep your contact details up to date and tell me promptly of any change.

Notices to me should be sent to hello@webdad.co.uk, through the client portal, or to the registered office of Webdad Ltd as shown on the Companies House register.

An email or portal message is treated as received on the day it is sent, unless the sender has notice that it was not delivered. A posted notice is treated as received two working days after posting.

I may update these Terms from time to time to reflect changes to my services, systems, legal requirements or business practices. I will publish the new version with its date and, for a significant change, give you notice before it takes effect.

Changes to the Terms do not automatically change a contract you have already entered into. A signed agreement continues on the version that applies to it unless you agree to the change in writing, I give you at least 30 days' notice of a change to an ongoing service and you do not cancel in that time without penalty, or the law requires the change.

I will not rely only on continued use of my website or services as acceptance of a change where your express agreement or another lawful process is required. Changes will never remove rights you have already earned or reduce the services you have paid for.

Entire agreement: your signed agreement or project schedule, any accepted proposal or quotation, and these Terms make up the whole agreement on the services. They replace earlier discussions about the same matter. Nothing in this clause excludes liability for fraud or for a pre-contract statement that the law makes binding on me.

Severability: if a provision is found invalid or unenforceable, the rest of these Terms continues in effect so far as the law allows.

No waiver: a delay or failure in enforcing a right does not waive it.

Assignment and subcontracting: I may use subcontractors or suppliers to help deliver the services but I remain responsible for their work. You may not transfer your rights or obligations to anyone else without my consent, which I will not unreasonably withhold. Webdad Ltd may transfer its rights and obligations to another company where this does not reduce your rights.

Third-party rights: no one other than you and Webdad Ltd has a right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999, unless these Terms say so expressly.

These Terms are governed by the laws of England and Wales.

For business clients, the courts of England and Wales have jurisdiction over any dispute arising out of or in connection with these Terms. Consumers keep any mandatory protections and any right to bring proceedings in the courts available to them under applicable law, including where they live.

Webdad is operated by Webdad Ltd, a company registered in England & Wales, company number 17487178.

If you have any questions about these Terms of Use or the services I provide, you can contact me through the website contact form or by emailing hello@webdad.co.uk.

Website: https://www.webdad.co.uk