Clear terms for working together.

These terms and conditions apply to services provided by Aaron Penberthy trading as Ocean Rise Web Design ("I", "me" or "my") to the client ("you" or "your").

By accepting a quotation, proposal or confirmation of order, or by instructing me to begin work, you agree to these terms and conditions together with any project-specific terms set out in the relevant quotation, proposal or service agreement, subject to any rights you may have under applicable law.

1. Quotations and proposals

Quotations are valid for 28 days from the date of issue unless otherwise stated.

Quotations are based on the information and requirements provided at the time. If the scope or requirements of a project change after a quotation has been accepted, I may provide a revised quotation or treat the additional requirements as additional work.

Unless otherwise agreed or quoted separately, additional work outside the agreed scope will be charged at the applicable hourly rate for the type of work requested. The rate will be confirmed before additional chargeable work begins.

2. Starting a project

A project will normally begin once the quotation or proposal has been accepted, any required deposit has been received and I have the information or materials needed to begin the work.

Any timescale provided is an estimate based on the project requirements and my availability at the time the project is agreed.

3. Deposits and payment

Unless otherwise agreed in writing, a 50% deposit is normally required before work begins on a new project.

The deposit reserves time for your project and contributes towards the initial planning, preparation, design and development work.

If a project is cancelled after it has been agreed or work has begun, the amount of any deposit retained will depend on the work already undertaken, time reasonably reserved, costs incurred and any cancellation or refund rights that apply by law.

The remaining balance and any staged payments will be detailed in the quotation, proposal or invoice provided for the project.

For larger projects, I may invoice at agreed stages as work progresses.

Any third-party costs, licences, subscriptions or implementation costs that need to be purchased specifically for a project may require payment in advance.

4. Invoices and overdue payments

Invoices must be paid within the payment period shown on the invoice.

If an invoice becomes overdue, I may pause ongoing work, website management, development, hosting or other services until the outstanding balance has been paid, subject to applicable law and any agreed notice requirements.

Where a website or service is managed or hosted by Ocean Rise Web Design, continued non-payment may result in that service being suspended until the account is brought up to date. Where reasonably practicable, I will provide notice before suspending a service.

I reserve any rights available to me under applicable law in relation to overdue commercial payments.

5. Project timescales

I will make reasonable efforts to complete work within any timescale agreed or estimated at the start of the project.

Project timescales depend on receiving content, information, feedback, approvals and other materials from you when required. Delays in receiving these may affect the completion date.

I will let you know if circumstances arise that are likely to cause a significant delay to the project.

6. Your responsibilities

You are responsible for providing the information, content, access and materials reasonably required for me to carry out the agreed work.

You are also responsible for reviewing work and providing feedback or approval within a reasonable period when requested.

I am not responsible for delays caused by information, content, access, feedback or approvals not being supplied when required.

7. Content and materials supplied by you

You are responsible for ensuring that any text, photographs, graphics, logos, videos, documents or other materials you provide can legally be used for the project.

You must have the appropriate rights, licences or permissions to use any material you supply.

You are responsible for the accuracy and legality of content supplied for publication on your website.

8. Additional work and changes

The agreed quotation or proposal covers the work described within it.

Requests that fall outside the agreed scope may be treated as additional work and charged separately at the applicable hourly rate or quoted as a separate piece of work.

Hourly rates may vary depending on the type of work required, including general website amendments, website development, bespoke functionality, WordPress plugin development and API integrations.

I will confirm the applicable rate or provide a separate quotation before carrying out additional chargeable work.

9. Website design and development

Websites will be designed and developed based on the requirements agreed for the project.

I will make reasonable efforts to ensure websites function correctly on current commonly used browsers and devices at the time the project is completed.

I cannot guarantee that a website will continue to operate without changes indefinitely, as browsers, devices, hosting environments, WordPress, plugins, third-party services and other technologies can change over time.

Unless website management, hosting or ongoing support has been agreed separately, responsibility for maintaining, updating, securing and backing up the website after completion passes to you.

10. WordPress and third-party software

Where a website uses WordPress, themes, plugins, APIs or other third-party software or services, those products remain subject to the terms, licensing, availability and continued support of their respective providers.

I am not responsible for changes, outages, security issues, discontinued services or compatibility problems caused directly by third-party products or services outside my reasonable control, except where responsibility arises from my own failure to exercise reasonable care and skill.

Where appropriate, I can help identify and resolve issues involving third-party services as additional development or support work.

11. Squarespace websites

Where I design and build a website using Squarespace, the website may initially be developed within my Squarespace environment.

Where eligible, a Squarespace website may benefit from a complimentary development period of up to three months. This is subject to Squarespace's applicable terms, eligibility requirements and availability.

The complimentary development period does not include the cost of an ongoing Squarespace subscription once the development period has ended.

Once the website is ready to be handed over and all amounts due for the project have been paid, ownership or appropriate administrative access will be transferred to you, subject to Squarespace's platform terms.

You will then be responsible for purchasing and maintaining the appropriate Squarespace subscription and for complying with Squarespace's own terms and conditions.

Unless ongoing support has been agreed separately, responsibility for managing and maintaining the website after handover passes to you.

12. Domain names, hosting and external services

You are responsible for renewing domain names, hosting accounts, subscriptions and other external services that are registered or managed directly by you.

I am not responsible for the expiry or loss of a domain name, hosting account or third-party service that I do not manage on your behalf.

Where I provide website hosting, the service is supplied using third-party hosting infrastructure. I will take reasonable steps to provide and manage the hosting service, but I cannot guarantee uninterrupted availability or prevent every outage, failure or technical problem caused by circumstances outside my reasonable control.

Where domain name management is included as part of a website management package, this covers the administration of the domain. Domain registration, renewal and transfer fees are charged separately unless specifically agreed otherwise.

Where I manage hosting, domain names or another service for you, the relevant charges must be kept up to date for that service to continue.

If hosting or another managed service remains unpaid, I may suspend the service until the outstanding amount has been paid, subject to applicable law and any agreed notice requirements.

If you decide to move your website away from hosting managed by Ocean Rise Web Design, I will provide reasonable assistance with the information or website files required for the transfer. Any additional migration or transfer work may be chargeable, and I will confirm any applicable charges in advance.

Any outstanding invoices will remain payable in accordance with the agreed payment terms.

13. Backups

Where backups form part of a hosting or website management service, I will take reasonable steps to maintain backups in accordance with the service being provided.

Backups are intended as a recovery measure and I cannot guarantee that a backup will contain every recent change or always be available in every circumstance.

Where you manage your own website or hosting, you are responsible for maintaining appropriate backups unless we have agreed otherwise.

14. Search engine optimisation

Where search engine optimisation or related work is provided, I will use reasonable efforts to improve the website in accordance with the work agreed.

Search engines are operated by third parties and their algorithms and ranking systems can change. I therefore cannot guarantee a particular search engine position, ranking, level of traffic or commercial result.

15. Website content and legal compliance

Unless specifically included within the agreed scope of work, you are responsible for ensuring that your website content and business activities comply with any laws, regulations or industry requirements that apply to your organisation.

Any example privacy, cookie, accessibility, terms and conditions or other policy content I assist with should not be treated as legal advice, and you remain responsible for ensuring that it is appropriate for your business and circumstances.

16. Intellectual property

Unless otherwise agreed, ownership of original design and development work created specifically for your project will transfer to you once all invoices relating to that work have been paid in full, subject to any applicable third-party licences and retained rights described below.

Third-party software, themes, plugins, fonts, stock imagery and other licensed materials remain subject to the intellectual property rights and licence terms of their respective owners.

I retain ownership of any pre-existing code, tools, systems, techniques, plugins, frameworks or reusable components used in delivering the project, while granting you the rights reasonably required to use the completed website or functionality as part of your project.

Where I develop bespoke WordPress plugins, custom functionality or other software for a project, the ownership and licensing arrangements will depend on the nature of the work and any terms agreed in the quotation or proposal.

Unless otherwise agreed in writing, reusable components, general-purpose functionality and pre-existing development tools remain my intellectual property, subject to any applicable third-party or open-source licensing requirements.

17. Portfolio and promotional use

Unless you ask me not to, I may display completed work and identify your business as a client in my portfolio, website, social media or other promotional material.

If a project is confidential or you do not want the work used for promotional purposes, please let me know in writing.

You may also ask me to remove an existing portfolio or promotional reference where there is a reasonable reason for doing so.

18. Website management and ongoing support

Where you subscribe to an ongoing website management or support service, the work included will be based on the service or package agreed with you.

Website management packages are provided on a rolling monthly basis unless otherwise agreed in writing.

Recurring services must be paid in accordance with the agreed billing schedule.

Where a support package includes an allowance of development, support or amendment time each month, that time is subject to the conditions of the package agreed with you.

Unless specifically agreed otherwise, unused monthly support time does not roll over into future months and cannot be exchanged for a refund or credit.

Work that falls outside the services or time included within your package may be charged at the applicable hourly rate or quoted separately. I will confirm any additional charges before carrying out the work.

Clients with an eligible website management package may be provided with access to my online client support portal, allowing them to submit and manage support requests. Access to the portal does not alter the services, response times or support allowances included within the agreed package.

I may pause or suspend an ongoing service if payments become overdue, subject to applicable law and any agreed notice requirements.

Either party may cancel a rolling monthly website management package by giving one month's written notice, unless otherwise agreed in writing.

The service and associated charges will continue during the notice period, allowing reasonable time for any necessary website, hosting or domain management handover.

Any additional migration or transfer work requested during or after the notice period may be chargeable and will be agreed in advance.

19. Meetings and travel

Meetings and travel that fall outside the work included within a quotation may be charged at the applicable hourly rate or another rate agreed with you in advance.

Any face-to-face meetings must be arranged and agreed in advance. My business operates from a private address and I am unable to accommodate unannounced visits.

20. Paused or abandoned projects

If a project is significantly delayed because I am waiting for content, information, feedback or approval from you, I may pause the project and reschedule the remaining work around other commitments.

If a project remains inactive for an extended period, I may contact you to agree how and when the project will continue.

Where a significant delay means work needs to be repeated, updated or rescheduled, additional work required because of the delay may be chargeable. I will explain and agree any additional charges before carrying out the work.

21. Cancellation and termination

Either party may end an ongoing working arrangement by providing reasonable written notice, subject to any specific cancellation terms agreed for the service.

For rolling monthly website management packages, the standard cancellation arrangements are set out in Section 18.

If a project is cancelled after work has begun, you will be responsible for paying for work completed and any reasonable non-cancellable costs already incurred, taking into account payments already made and any applicable statutory rights.

I may suspend or terminate services where there is a serious breach of the agreed terms, continued non-payment, unlawful use of a service, abusive behaviour or another reasonable circumstance that makes it inappropriate to continue providing the service, subject to applicable law.

Where reasonably practicable, I will provide written notice and an opportunity to resolve the issue before terminating a service.

Nothing in these terms affects any cancellation rights or other statutory rights that you may have where you are acting as a consumer.

22. Liability

I will provide my services with reasonable care and skill.

I am not responsible for losses caused solely by circumstances outside my reasonable control or by third-party services, software, hosting providers or systems that I do not control, except where the loss arises from my own failure to exercise reasonable care and skill or another responsibility that cannot lawfully be excluded.

I cannot guarantee particular commercial results from website performance, search engine rankings, visitor numbers or other outcomes that depend on factors outside my reasonable control.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

Nothing in these terms affects your statutory rights.

23. Events outside my control

I will not be responsible for a delay or failure to perform an obligation where this is caused by circumstances reasonably outside my control, subject to any rights and remedies that apply by law.

This may include major internet or hosting outages, failure of third-party services, natural disasters, serious illness or other events that prevent the agreed work from being carried out.

If such circumstances significantly affect a project or ongoing service, I will communicate with you and make reasonable efforts to agree an appropriate way forward.

24. Changes to these terms

I may update these terms and conditions from time to time to reflect changes to my services, working practices or legal requirements.

The terms that apply to a particular project or service will normally be those in effect when that project or service is agreed, unless a change is required by law or we agree an amendment in writing.

25. Governing law

These terms and conditions and any agreement between you and Aaron Penberthy trading as Ocean Rise Web Design are governed by the laws of England and Wales.

Any dispute will be subject to the jurisdiction of the courts of England and Wales, subject to any rights that apply by law.