Introduction

Welcome to Websitting.co.uk (“we”, “us”, “our”). We are committed to protecting and respecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website (websitting.co.uk) (the “Website”), engage with our web design and related services (collectively, the “Services”), or otherwise interact with us.

Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access the Website or use our Services.

This policy applies to information we collect:

• On this Website.
• In email, text, and other electronic messages between you and us.
• When you engage our Services.

Websitting.co.uk is the data controller responsible for your personal data.

2. Our Contact Details (Data Controller)

If you have any questions about this Privacy Policy or our privacy practices, or if you wish to exercise any of your data protection rights, please contact us using the details below:

• Full name of legal entity: Websitting Designs
• Website: websitting.co.uk

3. What Information We Collect About You

We may collect, use, store, and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data: Includes first name, last name, username or similar identifier, company name.
• Contact Data: Includes billing address, delivery address, email address, and telephone numbers.
• Financial Data: Includes bank account and payment card details (typically processed via a secure third-party payment gateway; we do not usually store full card details).
• Transaction Data: Includes details about payments to and from you and other details of Services you have purchased from us.
• Technical Data: Includes internet protocol (IP) address, your login data (if applicable, e.g., for a client portal), browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Website.
• Profile Data: Includes your username and password (if applicable), purchases or orders made by you, your interests, preferences, feedback, and survey responses.
• Usage Data: Includes information about how you use our Website and Services.
• Marketing and Communications Data: Includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Client Content Data: Includes any text, images, logos, documents, or other materials you provide to us for the purpose of designing, developing, or maintaining your website or other services.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.

We do not typically collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences, unless it is directly relevant and necessary for a specific project and provided with your explicit consent or as required by law.

4. How We Collect Your Information

We use different methods to collect data from and about you including through:

• Direct interactions: You may give us your Identity, Contact, Financial, and Client Content Data by filling in forms on our website, or by corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:
  • Enquire about or apply for our Services;
  • Create an account on our website (if applicable);
  • Subscribe to our service or publications;
  • Request marketing to be sent to you;
  • Enter a competition, promotion or survey; or
  • Give us feedback or contact us.
• Automated technologies or interactions: As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. Please see our Cookie Policy section (Section 9) for further details.
• Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from analytics providers such as Google (based outside the UK/EU);
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK.

5. How We Use Your Information

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• To Provide and Manage Services:
  • To register you as a new client.
  • To perform our contractual obligations to you, including designing, developing, and maintaining your website or other agreed Services.
  • To manage payments, fees, and charges, and to collect and recover money owed to us.
• To Communicate with You:
  • To manage our relationship with you, which will include notifying you about changes to our terms or privacy policy, and asking you to leave a review or take a survey.
  • To respond to your enquiries, requests, and support needs.
• To Improve Our Website and Services:
  • To use data analytics to improve our Website, Services, marketing, client relationships, and experiences.
  • To gather feedback to improve our Services.
• For Marketing Purposes:
  • To send you information about our Services, offers, and news that may be of interest to you, where you have consented to receive such information or where we have a legitimate interest (and your interests and fundamental rights do not override those interests). You can opt-out of marketing communications at any time.
• To Comply with Legal Obligations:
  • To comply with any legal or regulatory obligations to which we are subject.
• To Protect Our Legitimate Interests:
  • To protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).
  • For the establishment, exercise, or defence of legal claims.

6. Legal Basis for Processing Your Personal Data

We have set out below a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

7. Data Sharing and Disclosure

We may have to share your personal data with the parties set out below for the purposes set out in the table in section 5 above.

• Service Providers (Sub-processors): We may share your information with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
• Professional Advisers: Acting as processors or joint controllers including lawyers, bankers, auditors, and insurers based in the UK who provide consultancy, banking, legal, insurance, and accounting services.
• HM Revenue & Customs, regulators and other authorities: Acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
• Legal Requirements: We may disclose your information if we are required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency), or if we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
• Business Transfers: If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

8. Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see Section 10 (Your Data Protection Rights) below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Cookies and Tracking Technologies

Our website may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy. [You should create a separate Cookie Policy or include more detail here. For now, a general statement:]

• What are cookies? Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. We use cookies and similar technologies for storing and honouring your preferences and settings, enabling you to sign in, providing interest-based advertising, combating fraud, analysing how our products perform, and fulfilling other legitimate purposes.
• How to control cookies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our website.

10. Your Data Protection Rights

Under data protection law, you have rights including:

• Your right of access – You have the right to ask us for copies of your personal information.
• Your right to rectification – You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances (also known as the ‘right to be forgotten’).
• Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal information in certain circumstances.
• Your right to object to processing – You have the right to object to the processing of your personal information in certain circumstances (e.g., for direct marketing purposes).
• Your right to data portability – You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
• Right to withdraw consent – Where we are relying on consent to process your personal data, you have the right to withdraw that consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you. Please contact us using the contact details in Section 2 if you wish to make a request.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

11. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. These measures include [Examples: SSL technology, secure servers, limited access controls, staff training on data protection].

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

While we strive to protect your personal information, we cannot guarantee the security of information transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

12. International Data Transfers

We primarily store and process your personal data within the United Kingdom (UK) or the European Economic Area (EEA).

If we do transfer your personal data out of the UK/EEA to countries not deemed by the UK government to provide an adequate level of personal data protection, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK (e.g., International Data Transfer Agreements or Addendums).

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK/EEA.

13. Children’s Privacy

Our Website and Services are not intended for children under the age of 13 (or 16 in some jurisdictions), and we do not knowingly collect personal data from children. If we become aware that we have inadvertently collected personal data from a child without verification of parental consent, we will take steps to delete that information as soon as possible.

14. Links to Other Websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

15. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Last Updated” date and the updated version will be effective as soon as it is accessible. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information. For significant changes, we may also notify you by other means, such as by sending an email or posting a notice on our website.

16. How to Complain

If you have any concerns about our use of your personal information, you can make a complaint to us using the contact details in Section 2.

You also have the right to complain to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.

Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF ICO website: https://www.ico.org.uk

Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Services. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Services.

1. Definitions

• “Agreement”: Refers to these Terms and Conditions, along with any Quotation, Scope of Work, or other contractual documents exchanged and agreed upon between Websitting.co.uk and the Client.
• “Client”: The individual, company, or entity purchasing Services from Websitting.co.uk.
• “Website”: Refers to the website developed or being developed by Websitting.co.uk for the Client, as detailed in the Quotation.
• “Services”: Includes, but is not limited to, web design, web development, website maintenance, hosting assistance, graphic design, content creation/management, SEO services, and consultation provided by Websitting.co.uk.
• “Quotation”: The document provided by Websitting.co.uk to the Client detailing the Services to be provided and the associated fees.
• “Project”: The specific web design and/or development work undertaken for the Client as outlined in the Quotation.
• “Content”: All text, images, videos, graphics, data, and other materials provided by the Client or by Websitting.co.uk for inclusion in the Website.
• “Intellectual Property Rights”: Patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
• “CMS”: Content Management System.
• “SEO”: Search Engine Optimisation.
• “Business Day”: A day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

2. Services Offered

2.1. Websitting.co.uk provides a range of web design and development services, including but not limited to: * Custom website design and development. * Responsive web design (mobile-friendly). * E-commerce website development. * Content Management System (CMS) integration and customisation (e.g., WordPress). * Website redesigns and updates. * Basic Search Engine Optimisation (SEO) setup. * Website maintenance and support packages (as separately agreed). * Graphic design services related to the website project.

2.2. The specific Services to be provided for each Project will be detailed in a written Quotation. Any services not explicitly listed in the Quotation are considered outside the scope of the Project and may incur additional charges if requested by the Client.

3. Quotations, Orders, and Agreement

3.1. All Quotations provided by Websitting.co.uk are valid for a period of thirty (30) days from the date of issue, unless otherwise stated. 3.2. To accept a Quotation and initiate a Project, the Client must provide written confirmation (email is acceptable) and pay any required deposit as specified in the Quotation. 3.3. Upon acceptance of the Quotation and payment of the deposit, a binding Agreement is formed between the Client and Websitting.co.uk, governed by these Terms and Conditions and the specifics of the Quotation. 3.4. Any requests for changes or additions to the scope of work after the Agreement is formed must be submitted in writing and may be subject to additional fees and adjustments to the project timeline. Websitting.co.uk will provide a revised Quotation or addendum for such changes.

4. Fees and Payment Terms

4.1. The Client agrees to pay the fees for the Services as set out in the Quotation. 4.2. Deposit: A non-refundable deposit (typically 50% of the total project fee, unless otherwise specified in the Quotation) is required before any work commences. 4.3. Interim Payments: For larger projects, interim payments may be scheduled at specific milestones, as detailed in the Quotation. 4.4. Final Payment: The remaining balance is due upon completion of the Project, prior to the Website going live or final files being delivered. 4.5. All payments must be made in Pounds Sterling (GBP) within fourteen (14) days of the invoice date, unless otherwise agreed in writing. 4.6. Payments can be made via bank transfer or other methods as agreed with Websitting.co.uk. 4.7. Late Payments: If any invoiced amount is not received by Websitting.co.uk by the due date, then without prejudice to any other rights or remedies: (a) Websitting.co.uk may charge interest on such overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%. (b) Websitting.co.uk may suspend provision of Services (including taking the Website offline) until payment has been made in full. 4.8. All fees quoted are exclusive of Value Added Tax (VAT) unless otherwise stated. If VAT is applicable, it will be added to the invoice at the prevailing rate. 4.9. Any third-party costs, such as premium themes, plugins, stock photography, or domain name registration and hosting fees, are not included in our standard Quotation unless explicitly stated and will be billed separately or are the responsibility of the Client.

5. Client Obligations and Responsibilities

5.1. The Client agrees to provide Websitting.co.uk with all necessary information, Content (text, images, logos, etc.), and materials required for the completion of the Project in a timely manner and in the requested format. 5.2. The Client warrants that all Content provided to Websitting.co.uk is either owned by the Client or that the Client has full permission and rights to use such Content. The Client agrees to indemnify and hold harmless Websitting.co.uk from any claims arising from the use of Content supplied by the Client. 5.3. The Client is responsible for proofreading all Content before and after it is published on the Website. 5.4. The Client agrees to provide timely feedback and approvals throughout the design and development process. Delays in providing necessary information, Content, or feedback may result in extensions to the project timeline and may incur additional costs. 5.5. If the Client wishes to arrange their own website hosting and domain name registration, they must provide Websitting.co.uk with full access details (e.g., FTP, cPanel, database credentials) required to upload and configure the Website. Websitting.co.uk is not responsible for issues arising from the Client’s chosen hosting provider if not recommended or managed by us.

6. Project Timelines and Delays

6.1. Websitting.co.uk will provide an estimated timeline for the completion of the Project. This timeline is an estimate and is not contractually binding unless explicitly stated as such in the Quotation. 6.2. The project timeline commences upon receipt of the signed Agreement/Quotation acceptance and the initial deposit. 6.3. Websitting.co.uk will use reasonable endeavours to meet the estimated project timeline. However, we shall not be liable for any delays caused by factors beyond our reasonable control, including but not limited to: (a) Delays in the Client providing necessary Content, information, or feedback. (b) Scope changes requested by the Client. (c) Issues with third-party services or providers. 6.4. If the Project is significantly delayed due to the Client’s failure to meet their obligations (e.g., providing content or feedback) for a period exceeding thirty (30) days beyond the agreed deadline for such input, Websitting.co.uk reserves the right to: (a) Pause the Project and reschedule its completion, which may affect the overall delivery date. (b) Invoice for work completed to date. (c) In cases of prolonged inactivity (e.g., 60 days or more without communication or provision of required materials despite reasonable attempts by Websitting.co.uk to make contact), Websitting.co.uk may deem the project abandoned and terminate the Agreement. In such cases, the deposit and any interim payments will be non-refundable.

7. Design Process, Revisions, and Acceptance

7.1. Design Mock-ups: Where applicable, Websitting.co.uk will provide the Client with design mock-ups for review and approval. 7.2. Revisions: The Quotation will typically include a set number of revision rounds for the design phase (e.g., two or three rounds). A revision round consists of a consolidated list of changes requested by the Client. 7.3. Additional revisions beyond those specified in the Quotation, or significant changes to already approved designs, may be subject to additional charges at our standard hourly rate. We will inform the Client if a request is considered outside the scope of included revisions. 7.4. Development: Once the design is approved, Websitting.co.uk will proceed with the development and build of the Website. Significant design changes requested after development has commenced may incur substantial additional costs and timeline adjustments. 7.5. Testing: Websitting.co.uk will test the Website for functionality and compatibility with modern, up-to-date versions of major web browsers (e.g., Chrome, Firefox, Safari, Edge). We do not guarantee compatibility with outdated or obscure browser versions. 7.6. Client Review and Acceptance: Upon completion of the development and initial testing, the Website will be made available to the Client for review and testing on a staging server or directly if agreed. 7.7. The Client will have a specified period (e.g., seven to fourteen (7-14) Business Days, as stated in the Quotation or project plan) to review the Website and provide a single, consolidated list of any bugs, errors, or omissions. 7.8. Websitting.co.uk will rectify any reported bugs or errors covered under the original scope of work at no additional cost. 7.9. Final Acceptance (Sign-off): The Project is considered complete and accepted (“Sign-off”) upon the earliest of the following: (a) Written confirmation (email acceptable) from the Client that the Website is satisfactory. (b) The Client begins using the Website for its intended purpose (e.g., public launch, processing orders). (c) The Client does not provide feedback or report issues within the specified review period after being notified of the Website’s readiness for final review. 7.10. Once Sign-off has occurred, any further work, changes, or additions will be considered new work and will be chargeable at our standard rates or under a separate maintenance agreement.

8. Content and Copyright

8.1. Client Content: The Client is solely responsible for obtaining all necessary permissions, licences, and consents for any Content provided to Websitting.co.uk for inclusion in the Website. This includes, but is not limited to, text, images, logos, trademarks, and video/audio files. The Client indemnifies Websitting.co.uk against any claims, damages, or costs arising from the use of such Content. 8.2. Our Content: Content created by Websitting.co.uk specifically for the Project (e.g., custom graphics, written copy if included in the scope) will become the property of the Client upon full and final payment for the Project, unless otherwise agreed in writing. 8.3. Websitting.co.uk reserves the right to use stock images, fonts, or other third-party assets. The licences for these assets may have specific terms of use, and the Client agrees to abide by them. Costs for premium stock assets are typically not included unless specified in the Quotation. 8.4. Websitting.co.uk reserves the right to refuse to handle any Content that we deem to be unlawful, offensive, defamatory, or otherwise inappropriate.

9. Intellectual Property Rights

9.1. Client Ownership: Upon full and final payment of all outstanding fees, the Client will own the Intellectual Property Rights to the final, assembled Website design and any custom code or Content specifically created by Websitting.co.uk for the Client as part of the Project. 9.2. Websitting.co.uk’s Retained Rights: Websitting.co.uk retains: (a) Ownership of all original source files, working files, and any pre-existing code, tools, libraries, CMS platforms (e.g., WordPress core), plugins, themes, or proprietary techniques used in the creation of the Website (“Background IP”). The Client is granted a non-exclusive, worldwide, royalty-free licence to use such Background IP to the extent necessary for the operation of the Website. (b) The right to reuse elements of code, design, or know-how from the Project for future projects, provided it does not infringe on the Client’s specific branding or confidential information. (c) The right to display the completed Project in our portfolio, website, and other marketing materials, including a discreet credit link or statement (e.g., “Website designed by Websitting.co.uk”) in the footer of the Client’s Website, unless otherwise agreed in writing (which may incur an additional fee). 9.3. Third-Party Software/Assets: Any third-party software, themes, plugins, or assets used in the Project will be subject to their own respective licences, and the Client agrees to comply with such terms. Websitting.co.uk will inform the Client of any significant third-party licences.

10. Website Hosting and Domain Names

10.1. Unless explicitly included as part of a specific hosting and maintenance package in the Quotation, Websitting.co.uk does not provide ongoing website hosting or domain name registration services as standard. 10.2. The Client is responsible for arranging and paying for their own website hosting and domain name registration. 10.3. If requested, Websitting.co.uk can offer recommendations for hosting providers or assist with the setup on the Client’s chosen hosting, which may be a chargeable service. 10.4. If the Client’s chosen hosting environment is inadequate or causes issues with the Website’s performance or functionality, Websitting.co.uk is not responsible for rectifying such issues without additional charge. 10.5. Where Websitting.co.uk arranges hosting or domain registration on behalf of the Client, these services will be subject to the terms and conditions of the third-party provider, and renewal fees will be the responsibility of the Client unless part of an ongoing management package with Websitting.co.uk.

11. Support and Maintenance

11.1. Upon launch of the Website, Websitting.co.uk will provide a warranty period of thirty (30) days to rectify any bugs or errors (i.e., the Website not functioning as per the agreed scope) at no additional cost. This warranty does not cover issues caused by: (a) Modifications made to the Website by the Client or any third party. (b) Malfunctions of third-party software, plugins, or hosting. (c) Changes in browser or operating system compatibility after the warranty period. (d) User error or misuse of the Website or CMS. 11.2. Any requests for support or changes outside of this initial 30-day warranty period, or for tasks not covered by the warranty (e.g., new features, content updates performed by us), will be chargeable at our standard hourly rate or as part of a separate Website Maintenance Agreement. 11.3. Websitting.co.uk offers optional ongoing Website Maintenance Packages, which will be detailed in a separate agreement and typically cover services like software updates, security monitoring, backups, and a set amount of support time.

12. Warranties and Disclaimers

12.1. Websitting.co.uk warrants that the Services will be provided with reasonable care and skill, in accordance with generally accepted industry standards. 12.2. Websitting.co.uk warrants that the completed website will, for a period of thirty (30) days from launch, function substantially in accordance with the agreed specifications detailed in the Quotation, provided it is used on a supported hosting environment. 12.3. Disclaimer: Except as expressly stated in this Agreement, Websitting.co.uk provides the Services and the Website on an “as is” basis. To the fullest extent permitted by law, all other warranties, conditions, or terms, whether express or implied (by statute, common law or otherwise), including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are excluded. 12.4. Websitting.co.uk does not warrant that: (a) The Website will be uninterrupted or error-free. (b) The Website will be compatible with all future browser versions or devices. (c) The Website will achieve any specific ranking in search engines (unless specific SEO services with guarantees are agreed in a separate contract). (d) The Website will be secure from all forms of malicious attack (though we will implement reasonable security measures). 12.5. Websitting.co.uk is not responsible for the performance or any issues arising from third-party services, plugins, themes, or APIs integrated into the Website. While we will endeavour to select reliable third-party components, their ongoing functionality and compatibility are outside our direct control.

13. Limitation of Liability

13.1. Nothing in this Agreement shall limit or exclude Websitting.co.uk’s liability for: (a) Death or personal injury caused by its negligence. (b) Fraud or fraudulent misrepresentation. (c) Any other liability which cannot be limited or excluded by applicable law. 13.2. Subject to clause 13.1, Websitting.co.uk’s total aggregate liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to the total fees paid by the Client to Websitting.co.uk under the specific Project Quotation to which the claim relates. 13.3. Websitting.co.uk shall not be liable to the Client for any: (a) Loss of profits. (b) Loss of sales or business. (c) Loss of agreements or contracts. (d) Loss of anticipated savings. (e) Loss of use or corruption of software, data, or information. (f) Loss of or damage to goodwill. (g) Indirect or consequential loss. 13.4. This clause 13 shall survive termination of the Agreement.

14. Termination

14.1. This Agreement may be terminated by either party with immediate effect by giving written notice to the other party if: (a) The other party commits a material breach of any term of this Agreement and (if such breach is remediable) fails to remedy that breach within fourteen (14) days of being notified in writing to do so. (b) The other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986. (c) The other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors. (d) A petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company). 14.2. Websitting.co.uk may terminate this Agreement with immediate effect by written notice if the Client fails to pay any amount due under this Agreement on the due date for payment and remains in default not less than seven (7) days after being notified in writing to make such payment. 14.3. The Client may terminate this Agreement at any time by providing written notice to Websitting.co.uk. In such an event: (a) The initial deposit will be non-refundable. (b) The Client will be liable to pay Websitting.co.uk for all work carried out up to the date of termination, calculated at our standard hourly rate or as a proportion of the project milestones achieved, whichever is greater, plus any unavoidable third-party costs incurred. 14.4. Consequences of Termination: (a) Upon termination, the Client shall immediately pay all of Websitting.co.uk’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Websitting.co.uk may submit an invoice, which shall be payable immediately on receipt. (b) Websitting.co.uk will deliver to the Client any completed work for which payment has been received in full. No work will be released for which payment has not been made. (c) Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

15. Confidentiality

15.1. Each party agrees to keep confidential all information concerning the business, affairs, customers, clients, or suppliers of the other party (“Confidential Information”) which it may obtain in connection with this Agreement. 15.2. Each party may disclose Confidential Information: (a) To its employees, officers, representatives, or advisers who need to know such information for the purposes of carrying out the party’s obligations under this Agreement. Each party shall ensure that its employees, officers, representatives, or advisers to whom it discloses the other party’s confidential information comply with this clause 15. (b) As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. 15.3. This clause 15 shall survive termination of the Agreement.

16. Data Protection

16.1. Both parties will comply with all applicable requirements of the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) (collectively, “Data Protection Legislation”). This clause 16 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. 16.2. To the extent that Websitting.co.uk processes any Personal Data on behalf of the Client in providing the Services, Websitting.co.uk shall: (a) Process that Personal Data only on the written instructions of the Client unless Websitting.co.uk is required by law to otherwise process that Personal Data. (b) Ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data. (c) Ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential. (d) Not transfer any Personal Data outside the UK or European Economic Area unless the prior written consent of the Client has been obtained and appropriate safeguards are in place. (e) Assist the Client, at the Client’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators. (f) Notify the Client without undue delay on becoming aware of a Personal Data breach. (g) At the written direction of the Client, delete or return Personal Data and copies thereof to the Client on termination of the agreement unless required by law to store the Personal Data. (h) Maintain complete and accurate records and information to demonstrate its compliance with this clause 16. 16.3. The Client consents to Websitting.co.uk appointing third-party processors of Personal Data under this agreement (e.g., hosting providers, plugin developers) provided that Websitting.co.uk enters into a written agreement with the third-party processor incorporating terms which are substantially similar to those set out in this clause 16.

17. Force Majeure

17.1. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control (“Force Majeure Event”). Such events include, but are not limited to, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage. 17.2. If a Force Majeure Event prevents, hinders or delays the affected party’s performance of its obligations for a continuous period of more than thirty (30) days, the party not affected by the Force Majeure Event may terminate this Agreement by giving fourteen (14) days’ written notice to the affected party.

18. Notices

18.1. Any notice or other communication given to a party under or in connection with this Agreement shall be in writing and shall be: (a) Delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or (b) Sent by email to the address specified in the Quotation or as otherwise notified in writing by each party. 18.2. Any notice or communication shall be deemed to have been received: (a) If delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address. (b) If sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service. (c) If sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 18.2(c), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt. 18.3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

19. Assignment and Other Dealings

19.1. Websitting.co.uk may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Agreement. We will notify the Client if we subcontract any significant part of the Services. 19.2. The Client shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement without the prior written consent of Websitting.co.uk.

20. Entire Agreement

20.1. This Agreement (comprising these Terms and Conditions and the accepted Quotation) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter. 20.2. Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this Agreement.

21. Severability

21.1. If any provision or part-provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement. 21.2. If any provision or part-provision of this Agreement is deemed deleted under clause 21.1, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

22. Waiver

22.1. A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. 22.2. A failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.

23. No Partnership or Agency

23.1. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

24. Third Party Rights

24.1. Unless it expressly states otherwise, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

25. Governing Law and Jurisdiction

25.1. This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales. 25.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

26. Dispute Resolution

26.1. If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it (“Dispute”) then the parties shall follow the procedure set out in this clause: (a) Either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, the [Owner/Manager of Websitting.co.uk] and the [Client’s main contact or representative] shall attempt in good faith to resolve the Dispute. (b) If the [Owner/Manager of Websitting.co.uk] and the [Client’s main contact or representative] are for any reason unable to resolve the Dispute within thirty (30) days of service of the Dispute Notice, the parties will attempt to settle it by mediation in accordance with the CEDR (Centre for Effective Dispute Resolution) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (“ADR notice”) to the other party to the Dispute, referring the dispute to mediation. A copy of the ADR notice should be sent to CEDR. 26.2. No party may commence any court proceedings in relation to the whole or part of the Dispute until thirty (30) days after service of the ADR notice, provided that the right to issue proceedings is not prejudiced by a delay. 26.3. If the Dispute is not resolved within sixty (60) days after service of the ADR notice, or either party fails to participate or ceases to participate in the mediation before the expiry of that period, or the mediation terminates before the expiry of that period, the Dispute shall be finally resolved by the courts of England and Wales in accordance with Clause 25 (Governing Law and Jurisdiction).

27. Changes to Terms and Conditions

27.1. Websitting.co.uk reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 27.2. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services. 27.3. For existing Clients with active Projects, the Terms in place at the time of their Project Agreement will apply to that Project, unless mutually agreed otherwise. New terms will apply to any future Projects or new service agreements.

Acceptance by Client:

By commissioning Websitting.co.uk for services, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.