Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern the provision of website design, development, CMS implementation, hosting configuration, DNS configuration, consulting, and related digital services provided by Rich Harrington (“Provider”, “we”, “us”) to the client (“Client”, “you”).

By accepting a proposal, paying a deposit, or instructing us to begin work, you agree to these Terms.

2. Services

We provide custom web development services including but not limited to:

• Bespoke website design and development
• PayLoad CMS implementation and configuration
• Hosting setup and infrastructure configuration
• DNS configuration (including Bunny DNS or equivalent)
• Performance optimisation and security hardening
• Integrations and API development
• Ongoing support or maintenance (if agreed separately)

Each project’s scope is defined in the written proposal, statement of work, or equivalent written agreement. Anything not expressly included is outside scope and may incur additional charges.

3. Project Scope & Changes

The agreed proposal outlines deliverables, timeline, and pricing.

If you request changes beyond the agreed scope, we will:

• Assess the impact on timeline and cost
• Provide a written variation quote
• Await written approval before proceeding

We are not obliged to begin additional work until the variation is approved.

4. Fees & Payment Terms

Payment terms are defined in the proposal. Unless otherwise agreed in writing, typical milestones are:

• 40% deposit prior to commencement
• 30% upon design approval (or equivalent milestone)
• 30% prior to launch or final handover

4.1 Deposit (Strictly Non-Refundable)

The initial deposit is strictly non-refundable.

The deposit secures project scheduling, resource allocation, discovery, planning, and initial implementation time. Once paid, the deposit will not be refunded under any circumstances, including but not limited to:

• Change of mind
• Project cancellation
• Business closure
• Delays caused by the Client
• Termination by the Client for convenience

Work will not commence until the deposit has cleared.

4.2 Invoicing & Late Payment

Invoices are payable within 7 days unless otherwise stated in writing.

Late payments may result in:

• Suspension of work
• Withholding of deliverables and/or access credentials
• Delay of launch
• Suspension of hosting or related services (where applicable)
• Statutory interest and recovery costs where permitted

4.3 Ownership & Release

Ownership of deliverables and the right to use any work produced transfers only once all outstanding invoices are paid in full.

5. Client Responsibilities

The Client agrees to:

• Provide required content, assets, approvals, and access credentials in a timely manner
• Ensure all supplied materials (copy, images, fonts, logos, trademarks) are owned or properly licensed
• Provide feedback and approvals within reasonable timeframes (typically 3–5 business days unless agreed)
• Maintain backups where hosting is not managed by us

Delays caused by missing content, approvals, or access may extend timelines and may incur additional costs.

6. Intellectual Property

Subject to full payment, the Client will own the final website deliverables specified in the proposal (excluding third-party components).

We retain the right to reuse non-proprietary elements including general code libraries, frameworks, templates, utilities, and development patterns created or used during the project, provided this does not disclose the Client’s confidential information.

Unless otherwise agreed in writing, we may reference completed work in our portfolio and marketing materials.

Third-party software, frameworks, fonts, and plugins remain subject to their own licensing terms.

7. PayLoad CMS & Third-Party Services

Where we implement or configure PayLoad CMS, hosting infrastructure, Bunny DNS, analytics, email providers, payment processors, or other third-party services:

• The Client acknowledges reliance on third-party providers
• We are not liable for outages, failures, policy changes, or pricing changes imposed by third parties
• Ongoing licensing, subscriptions, and infrastructure costs are the Client’s responsibility unless explicitly included in writing

8. Hosting & Infrastructure

If we configure hosting or DNS, we will apply reasonable best-practice measures. However, uninterrupted service cannot be guaranteed.

Where hosting is unmanaged by us, ongoing updates, security patching, monitoring, and backups are the Client’s responsibility unless a maintenance agreement is in place.

9. Security & Data Protection

We implement reasonable technical measures to secure delivered websites. However, no system is completely secure.

We are not liable for breaches caused by third-party providers, compromised Client credentials, insecure Client devices, or failure to maintain updates where maintenance is not included.

If personal data is processed, both parties agree to comply with applicable UK data protection law, including UK GDPR. Where required, a separate data processing agreement may be provided.

10. Warranties & Liability

We warrant that services will be provided with reasonable care and skill.

To the fullest extent permitted by law:

• We exclude liability for indirect or consequential losses
• Our total liability is limited to the total fees paid for the relevant project

Nothing in these Terms excludes or limits liability for fraud, death or personal injury caused by negligence, or any liability that cannot legally be excluded.

11. Termination

Either party may terminate a project by written notice.

11.1 If the Client Terminates

• The deposit remains non-refundable
• The Client must pay for all work completed up to the termination date
• Any unpaid invoices become immediately due
• No rights to use any partially completed work are granted until full payment is received

11.2 If We Terminate

We may terminate where the Client breaches these Terms, including non-payment or failure to provide required materials.

• The deposit remains non-refundable
• All work completed to date is chargeable
• We may withhold deliverables or access until payment is settled

12. Force Majeure

We are not liable for delays or failures caused by events outside our reasonable control, including but not limited to: internet outages, hosting failures, third-party service interruptions, severe illness, acts of government, industrial disputes, or other force majeure events.

13. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the project, and to use it only for purposes of delivering or receiving the services.

14. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Amendments

We may update these Terms from time to time. The latest version will be published on our website with a revised effective date. Where changes are material, we will take reasonable steps to notify existing clients.

16. Contact

For questions about these Terms, contact:
Rich Harrington Ltd
richharrington.dev
hello@richharrington.dev