Terms of use - Meridian

[LEGAL_ENTITY_NAME]

Effective date: [EFFECTIVE_DATE]
Last updated: [LAST_UPDATED_DATE]
Version: [VERSION_NUMBER]

1. About us, and what these terms cover

1.1. This website at [WEBSITE_URL] (the Site) and everything sold through it are operated by [LEGAL_ENTITY_NAME], a [COMPANY_LEGAL_FORM] registered in [COUNTRY_OF_INCORPORATION] under number [COMPANY_REGISTRATION_NUMBER], with its registered office at [REGISTERED_ADDRESS] (we, us, our). We trade as Meridian.

1.2. You can reach us at:

Email: [CONTACT_EMAIL]
Telephone: [CONTACT_PHONE]
Postal address: [REGISTERED_ADDRESS]
VAT or GST registration: [VAT_GST_REGISTRATION_STATUS]
For legal notices and copyright complaints: [LEGAL_NOTICES_EMAIL]

1.3. These Terms of Use (the Terms) are a binding agreement between you and us. They govern your use of the Site, your account, your order, and everything we build and deliver for you.

1.4. These documents form part of the Terms:

the Privacy Policy at [PRIVACY_POLICY_URL];
the Cookie Notice at [COOKIE_NOTICE_URL];
the accessibility statement at [ACCESSIBILITY_STATEMENT_URL];
your approved Specification and your approved Quote, which together describe what we are building for you.

1.5. Where your Specification or Quote says something different from these Terms about scope, price or timing, that document wins for your order only. Nothing in any document reduces a right the law gives you and does not allow us to take away.

1.6. These Terms cover one kind of work only: the design and build of a website or landing page, delivered to you as files with a written connection guide. We do not sell consulting, retainers, coaching, advisory hours or ongoing account management, and no clause of these Terms should be read as offering them.

2. Definitions

Acceptance Window - the 14 calendar days after we deliver, or after we return work from a revision round, during which you may ask for changes. See clause 9.

Add-on - a priced extra listed on the Site and added to a Package.

Business Client - a person or organisation buying for purposes related to their trade, business, craft or profession.

Care Plan - the optional monthly aftercare subscription described in clause 13.

Client Content - everything you send us for the build: words, images, logos, video, fonts, documents, product data and anything else.

Connection Guide - the written guide, produced for your project, that sets out how to put the Deliverables online.

Consumer - an individual acting wholly or mainly outside their trade, business, craft or profession.

Defect - a departure from what the Specification and Quote say the site does. Defined in clause 9.6.

Deliverables - the files we hand over. Defined in clause 4.1.

Design - one of the fifty designs in our library, which you choose during your order.

Package - one of the four fixed-price packages published on the Site.

Preview - the private address where the build can be viewed before handover. See clause 4.5.

Quote - the priced summary of your Package, Add-ons, delivery promise and revision rounds, issued for your approval.

Revision - a change within the agreed scope. Distinguished from a new requirement in clause 9.3.

Specification - the structured set of answers you complete before we quote.

Working Day - Monday to Friday. Public holidays are not deducted, which shortens rather than lengthens the promise.

3. What we sell

3.1. Four packages, at published prices. The Packages, what each one includes, what each one excludes, its delivery promise and the number of revision rounds it carries are published on the Site. The price you see is the price. There is no quotation stage in which a number appears that was not already on the page, except where you have asked for something the catalogue does not contain.

3.2. Add-ons. Add-ons are published at fixed prices, or as a stated percentage of the Package price. Some Add-ons are only available above a certain Package because they could not work below it, and the Site will not offer you those. An Add-on that adds Working Days to the build says how many.

3.3. Fifty designs. You choose one of the fifty Designs in our library. We then build it around your content, your colours, your type and your brand. You are choosing a starting point, not commissioning a drawing, except in the Platform package where a custom design is included and in that case the design is drawn for you.

3.4. What a Package does not include is published on its card at the same size as what it does include. Read it. The exclusions are part of what you are buying, and a boundary you read before you pay is a boundary; a boundary you discover at delivery is an argument.

3.5. Prices are shown in United States dollars. Where we are required to charge VAT, GST or another consumption tax on your purchase, the amount is shown separately on your Quote before you approve it, and the total you are asked to approve is the total you pay. Bank charges on an international transfer are dealt with in clause 6.5.

3.6. We may change published prices at any time for future orders. A price change never affects a Quote we have already issued and that has not expired.

4. What you receive, and what you must do yourself

This is the most important clause in these Terms. If you read nothing else, read this.

4.1. What we deliver. On completion we place in your account, for you to download:

the source files for your site, as a single archive;
the Connection Guide, written for your project and not a generic manual: your steps, your settings ready to copy, and what to do when something does not work;
the Specification and Quote as delivered, so what was agreed is on the record;
your invoice;
any asset pack your order included, such as logo files or licensed images.

4.2. We do not put your site online. We do not deploy it, host it, connect it, register or transfer a domain, point DNS, issue certificates, create accounts with any provider, connect a payment account, connect a mailbox, or operate anything on your behalf. We do not ask for and will not accept passwords to your domain, hosting, bank or any other account.

4.3. What that means you must do. You are responsible for:

obtaining and paying for a domain, hosting and any backend or third-party service the site needs;
following the Connection Guide, or engaging someone to follow it for you;
creating and holding the accounts the site depends on, and the credentials for them;
everything the site does once it is online: its content, its availability, its backups, its security updates, its legal notices, its cookie consent and its compliance with the law that applies to your business;
the ongoing cost of all of the above, which is never included in the price of a Package.

4.4. Third-party costs are yours. Domain fees, hosting fees, service subscriptions, transaction fees and similar recurring costs are paid by you, directly to those providers, under their terms. We do not resell them and we do not mark them up.

4.5. The Preview is how you see that the build works. Before handover we put your build on a private address and give you access to it from your signed-in account. The Preview:

is visible only to you and to anyone you deliberately share it with using the sharing link in your account, which you can revoke and which expires;
is not indexed by search engines and does not compete with your own domain;
is our demonstration that what we built runs, and it is the thing you review before you accept;
stays up for 60 days after sign-off and is then taken down. Download your Deliverables before then.

4.6. The Preview is not your site and it is not a licence. It runs on our infrastructure, at our cost, for review. You may not point a domain at it, link to it publicly, use it as a live site, or treat it as hosting.

4.7. What this clause does not do. It defines what we supply. It does not, and cannot, end our legal responsibility for the quality of what we supply:

if you are a Consumer in the EU/EEA or the UK, the digital content and services you buy from us must be as described and fit for purpose, and handing you a file does not discharge that;
if you are in Australia, the consumer guarantees in clause 18 apply to what we supplied and cannot be excluded by anything in this clause;
the Defect warranty in clause 9 applies to the Deliverables after they leave us, for the period stated there.

We say this here rather than burying it, because a clause that overclaimed would be the first thing struck out.

5. How an order is made

5.1. Basket. You choose a Package and any Add-ons on the Site. Nothing is committed at this point and no money is due.

5.2. Account. You need an account before we can quote. You do not need one to browse, to price a basket or to look at the Designs.

5.3. Specification. You complete a structured Specification: what the site is for, what goes on each page, what you are supplying, what you need it to do. Some answers create obligations on you, and where they do the Specification says so on the screen. The Specification replaces the meeting. It is the document a finished build is judged against, so answer it carefully.

5.4. Quote. We issue a Quote setting out your Package, your Add-ons, the total price, any tax, the delivery promise in Working Days, the number of revision rounds and the Design you chose. A Quote is valid for 14 days and lapses after that, so that a price from months ago can never be accepted against today's work.

5.5. Approval. You approve the Quote. Where you are buying as a Consumer, you are also shown the two cancellation statements in clause 10.4 and asked to tick each one separately. Ticking them is your choice, not a condition of ordering, and clause 10.6 says exactly what happens if you leave them unticked. The button that commits you is labelled so that it is obvious it commits you.

5.6. Contract formation. Your approval is an offer. A contract is formed when we confirm your order in writing. We send that confirmation, with a copy of these Terms and the information the law requires, on a durable medium.

5.7. Larger orders are confirmed by a person. Above the figure published on the Site, we confirm the order by hand before any money moves. This is not a delay tactic; it exists because a large sum paid weeks before delivery deserves a human check on both sides.

5.8. We may decline an order. Clause 14 says when, and what happens to your money if we do.

6. Price, tax and payment

6.1. Payment is 100 per cent up front. We start work when payment has cleared and been confirmed, and, where you are a Consumer, when clause 10.6 allows us to start. We do not offer instalments, deposits or staged payments unless your Quote says so in writing.

6.2. Bank transfer. Payment is by bank transfer. After you approve your Quote we release our bank details and a payment reference. Quote the reference: it is how we match your money to your order.

6.3. Confirmation is by hand. A bank transfer has no automatic callback, so a person checks your payment against our statement and records who checked it. Expect a working day or two between sending money and seeing your order move. Nothing is lost in that gap and your delivery promise is not affected by it, because the delivery clock does not start at payment (see clause 8).

6.4. Taxes. Where we must charge VAT, GST or another consumption tax based on where you are, it is shown separately on your Quote. Business Clients may be asked for a valid VAT or GST number. Any tax you owe in your own country on your own account is yours to handle.

6.5. Bank charges. International transfers sometimes carry sending, receiving or correspondent bank charges. Send the amount on the Quote, so that the amount we receive is the amount quoted. If a shortfall arrives we will tell you what it is and ask you to make it up before the build starts, rather than quietly reducing what we build.

6.6. Pricing errors. If a price on the Site is obviously wrong and we spot it before we accept your order, we may decline the order and refund you in full. Once we have accepted an order and started work we will not do this, unless the error was so obvious that you could reasonably have spotted it too.

6.7. Currency. We quote and are paid in United States dollars. Your bank's conversion rate and fees are between you and your bank, and we cannot see them.

7. Your content: what you promise, and who carries the risk

7.1. You supply the content. Unless you bought the copywriting, logo or image Add-ons, the words, pictures, logos, fonts, video and documents that go into the site come from you.

7.2. Your warranty. You confirmed this when you completed your Specification, in these words:

"Everything I send you - words, images, logos, video, fonts and documents - is mine to use, or I hold a licence that allows it to be published on my website. I will not send anything I do not have the right to publish."

That statement is a warranty you give us, and it is repeated here so that it is in the contract as well as on the form.

7.3. We do not check it, and we cannot. We have no way of knowing where a photograph came from or who wrote a paragraph. We take what you send at your word and put it into the build.

7.4. Your licence to us. You grant us a non-exclusive licence to store, copy, modify, format and display your Client Content for the purpose of quoting for, building, previewing and delivering your project, and to keep a copy afterwards for the period set out in the Privacy Policy. We use it for nothing else.

7.5. Indemnity - Business Clients. If you are a Business Client, you will indemnify us against all losses, liabilities, costs and expenses, including reasonable legal fees, arising from a claim that any Client Content infringes a third party's rights or breaches any law. This is the clause that decides who pays when a stock photograph claim arrives: it is you, because you chose the photograph and told us you had the right to it.

7.6. Consumers. If you are a Consumer, you do not indemnify us. You remain responsible under the general law for loss you cause us by breaking clause 7.2, but only to the extent your breach caused it and only where the loss was reasonably foreseeable.

7.7. Handling a claim. If a claim arrives we will tell you promptly, we will not settle it without your agreement, which you will not unreasonably withhold, and we will let you take over the defence at your cost.

7.8. We may refuse content. We may refuse to build with, or may remove, anything we reasonably believe is unlawful, infringing, or would expose us to a claim. We will tell you why. This does not make us the judge of your content and does not shift the responsibility in clause 7.2 back to us.

7.9. Other people's personal data. If your Client Content includes personal data about anyone else, you are responsible for it under data protection law and we handle it only on your instructions. Ask us at [PRIVACY_CONTACT_EMAIL] for a data processing agreement if you need one.

8. Timing: what the delivery promise means

8.1. The delivery promise is a maximum, in Working Days. Every Package publishes one and every Add-on publishes what it adds. Your Quote carries the total.

8.2. The clock starts when your content arrives, not when you pay. The count begins on the first Working Day after every item on your content list has reached us and is usable. A client who sends their logo a fortnight late has spent their own time, not ours.

8.3. We tell you when it started. Your account shows the date the clock started and the date delivery is due. If we have not told you the clock has started, it has not started.

8.4. The clock stops while we are waiting on you. If we ask you in writing for something we need in order to continue, the count pauses until it arrives, and we tell you when it pauses and when it resumes.

8.5. If we are late and the delay is ours, tell us. If we cannot deliver within a further reasonable period that you set, you may cancel the order and we will refund you in full, less only the value of anything you have already accepted. Your statutory rights to a remedy are not affected by this clause.

8.6. Things outside anyone's control. Neither of us is liable for a failure or delay caused by an event beyond reasonable control, including natural disaster, war, civil unrest, epidemic, industrial action, or the failure of a public network or a platform the work depends on. We will tell you as soon as we can. If such an event prevents delivery for more than 30 days, either of us may cancel the affected part of the order and we refund what has not been delivered.

9. Revisions, defects and acceptance

9.1. Two rounds. Every Package includes two rounds of revisions unless your Quote says otherwise. A further round may be bought at the price published on the Site.

9.2. A round is one consolidated list. Send your changes as a single list. Changes fed to us one message at a time are what turns two rounds into twenty, and we will treat a stream of separate messages as one round.

9.3. A Revision is not a new requirement.

A Revision is a change to something the Specification already describes: wording, an image swapped for another image, a colour from the agreed palette, spacing, the order of sections on a page that already exists.
A new requirement is anything the Specification does not describe: another page, another feature, a different Design, a different structure, an integration with another service, or content that changes what the site is for.

9.4. We tell you which it is before we do it. If we think a request is a new requirement we say so in writing, with the reason, and we price it. You then decide whether to buy it. We will not silently do extra work and invoice for it, and we will not silently refuse.

9.5. Silence closes the rounds. After we deliver, and after we return work from a round, the Acceptance Window opens: you have 14 days to come back to us. We tell you the date it closes. If we hear nothing by then, the revision rounds lapse and the order is treated as accepted. This exists so that a project can close. It does not affect the Defect warranty in clause 9.6, and it does not affect any right the law gives you.

9.6. Defects are fixed free for 30 days. A Defect is a departure from what your approved Specification and Quote say the site does: something that does not work as specified, does not match what was specified, breaks in one of the browsers we build for, or fails a success criterion we tested and reported against where you bought the accessibility standard. For 30 days from delivery we fix Defects at no charge, however many revision rounds you have used. A Defect never consumes a round.

9.7. What is not a Defect:

a change of mind, or something you did not ask for in the Specification;
content you supplied being wrong, out of date or badly written, where we used it as supplied;
anything you, or anyone you engaged, changed after handover;
a failure caused by your hosting, your domain, your DNS, your certificates, your account settings, or a plugin or service you added;
behaviour in a browser, device or assistive technology outside the supported list in your Specification;
a third-party service changing, breaking or withdrawing its interface after delivery;
a site degrading over time because updates were not applied, where no Care Plan is in place (see clause 13.4).

9.8. After 30 days, fixes are chargeable at the rate published on the Site or quoted at the time, unless the Care Plan covers them. This does not limit your statutory rights, which last longer than 30 days in every market we sell into.

10. Cancelling, withdrawing and refunds

10A. Consumers: the 14 day right

10.1. If you are a Consumer you have 14 days to cancel, from the day the contract is made, without giving any reason. We do not exclude this right, we do not ask you to waive it, and nothing on the Site or in these Terms should be read as saying you do not have it. If you are in the EU/EEA or the UK this is a statutory right. If you are in Australia we give you the same 14 days as a contractual right, and it sits on top of the guarantees in clause 18, which cannot be excluded at all.

10.2. How to cancel. Tell us clearly before the 14 days are up. You may:

email [CONTACT_EMAIL] with a clear statement;
use the form at [WITHDRAWAL_FORM_URL]; or
use the model form in Annex A, which you do not have to use.

We will acknowledge your cancellation without delay, in writing.

10.3. If we failed to tell you about this right, the 14 days becomes 14 days plus 12 months.

10B. The two statements, and what they cost you

10.4. Before you pay, we ask you to tick two separate boxes. They are two boxes and never one, and neither is folded into your acceptance of these Terms, because requesting that work begins and accepting what that costs are two different decisions. The wording shown to you is:

"I expressly request that Meridian begins work immediately, before the end of the 14 day cancellation period."

"I understand that once the work has been performed in full I will lose my right to cancel, and that if I cancel part way through I will be charged for the work carried out up to that point."

10.5. We keep the record. We store the exact wording you were shown, the version of that wording, and the time you ticked each box. Both statements are repeated in your order confirmation.

10.6. If you do not tick them, nothing bad happens. We simply do not start work until the 14 days have passed or until you tick them, whichever comes first. Your delivery date moves accordingly. Nothing else about your order changes and no charge is made for the wait.

10.7. If we started without them, you owe us nothing. If we begin work without both statements and you then cancel inside the 14 days, you pay nothing at all for any part of the work, and we refund everything you have paid, however much has been built. That is the law, not a concession. It is exactly why we do not begin until both statements are given.

10C. What you pay if you cancel

10.8. Cancelling before we start. Full refund. Nothing is owed.

10.9. Cancelling part way through, after you gave both statements. You pay an amount in proportion to the work carried out up to the moment you told us you were cancelling, calculated against the total price on your Quote. We refund the rest. We show you the calculation and the record it is built from, and we charge nothing else: no fee, no administration charge, and no third-party costs on top.

10.10. Once we have finished. Once the work has been performed in full - the Deliverables and the Connection Guide are in your account - the right to cancel under clause 10.1 has been used up and ends. For most orders the build takes longer than 14 days, so in practice the position that will apply to you is clause 10.9, not this one.

10.11. Refunds. We refund without undue delay and within 14 days of being told you are cancelling, by the same route the money came in, and you are charged no fee for the refund.

10D. Business Clients

10.12. Business Clients have no statutory right of withdrawal. If you are a Business Client you may cancel at any time before delivery by telling us in writing, and you will pay for the work carried out up to that point plus any third-party costs already committed (see clause 10.15). We refund the balance. If we have not started, you get everything back.

10E. Where we cancel

10.13. Clause 14 sets out when we may refuse or end an order, and what we refund when we do.

10F. Third-party costs

10.14. Some costs are actually spent, and cannot come back. If your order includes something we buy in for you - a photography licence, a font licence, a service we pay for on your instruction - we tell you what it is and what it costs before we spend it.

10.15. Once spent, those amounts are not refundable, because the money has gone to someone else and we cannot get it back. Whatever we bought is yours: we transfer the licence to you, or assign it, so that you have what you paid for.

10.16. This does not apply to a Consumer cancelling under clause 10.9. In that case the proportionate amount in clause 10.9 is the only amount you pay, and third-party costs are not added on top of it.

11. Intellectual property

11.1. Our materials stay ours. The Design you chose, the section library it is built from, our underlying code, our tooling, our name, our logo and anything we made before your order or use across orders (Our Materials) belong to us or our licensors.

11.2. Your work is yours. Everything made specifically for you and for nobody else (Your Work) becomes yours, as set out in clause 11.5.

11.3. The same Design is licensed to other clients. Each Design in the library is offered to more than one buyer. That is what makes a fixed price possible, and it means we do not and cannot sell you exclusive rights in a Design. Nothing in these Terms gives you exclusivity in Our Materials, and no one at this studio has authority to promise it. What makes your site yours is your content, your brand and Your Work. If we ever cap the number of clients who may license a single Design, the cap will be published on that Design's page and will apply to your licence too.

11.4. Your licence to Our Materials. On payment in full we grant you a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence to use, host, copy, modify and adapt Our Materials as part of the site we built for you, for as long as you like, including the right to have someone else do that work for you. You may transfer this licence with the sale of the business or the website it belongs to, by telling us in writing. You may not:

sell, sublicense or redistribute Our Materials as a template, theme, component library or product, whether on their own or bundled;
use Our Materials to build sites for other people;
remove or alter a copyright or licence notice in the code.

11.5. Assignment of Your Work. On payment in full we assign to you, absolutely and with full title guarantee, all intellectual property rights in Your Work: the copy where we wrote it, the logo where we drew it for you, images we created or licensed in your name, and any bespoke code written only for your project. The assignment takes effect automatically on the day payment clears, and we will sign anything reasonably needed to record it. We obtain the same rights from anyone who works on your project before they work on it. Where the law does not allow moral rights to be assigned, we consent to you using Your Work in the ways this clause contemplates and we waive those rights so far as the law allows.

11.6. Fonts, photographs and open-source components are licensed, not assigned. They belong to whoever owns them. We tell you what each one is and under what licence, we put the licence in your name where the licence allows, and open-source components keep their own licences, which we list in the handover. Continuing to hold those licences, and paying for them where they recur, is yours.

11.7. Nothing passes until you have paid in full. Before then you have no licence to Our Materials and no rights in Your Work. Access to the Preview is not a licence and is not permission to use the build.

11.8. Our portfolio. We may show what we built for you in our own portfolio and describe the work, using screenshots and a link. Tell us not to and we will not, and we will never publish anything you have told us is confidential. We will not publish a quotation from you, or a result you achieved, unless you have given it to us in writing and agreed to it being published.

12. Accessibility

12.1. Where you bought the standard, as an Add-on or because your Package includes it, we build and test the pages we deliver against WCAG 2.1 level AA, and we give you the written result of that testing with the handover.

12.2. Where you did not buy it, we still build with semantic structure, visible keyboard focus, alternative text wherever you have supplied it, and contrast in the palette we set. But we do not test the result, we do not report on it, and we make no claim that the site conforms to WCAG 2.1 AA. Neither should you.

12.3. A criterion we tested and reported as met, which is not met on delivery, is a Defect under clause 9.6 and we fix it free within the warranty period.

12.4. Staying conformant after handover is yours. A page that met the standard on the day it left us can stop meeting it the moment someone adds an image without alternative text, changes a colour, embeds an untested third-party widget, or publishes a document that is not accessible. Once the files are yours, we do not control any of that, and we are not responsible for it.

12.5. The legal duty sits with whoever operates the site, which is you. The European Accessibility Act has applied to certain consumer-facing services in the EU since 28 June 2025; the Equality Act 2010 applies in the UK; the Disability Discrimination Act 1992 applies in Australia. We can build to a technical standard. We cannot hold your legal obligation, and this clause does not transfer it to us.

13. Aftercare

13.1. There is no ongoing maintenance unless you buy the Care Plan. When the 30 day Defect warranty in clause 9.6 ends, our work on your project is finished. We are not on call, we do not monitor your site, we do not hold a copy of your live data and we will not know if something breaks.

13.2. The Care Plan is a separate monthly subscription at the price published on the Site. It covers security updates, backups and fixes, as described on the Site. It is billed monthly, it is never bundled into the build price, and it is not included in any Package.

13.3. Cancelling the Care Plan. You may cancel at any time, with effect from the end of the month you have paid for, from your account or by emailing [CONTACT_EMAIL]. Cancelling takes no more steps than subscribing did. We confirm cancellation in writing. Cancelling stops future charges and does not by itself entitle you to a refund of a month already begun.

13.4. What happens without it. A site slowly stops working as the things it depends on age. That is not a sales line, it is how the web works. Without a Care Plan, keeping the site updated is yours, and a failure caused by updates not being applied is not a Defect.

14. Our right to refuse, and to end an order

14.1. We may decline an order, or stop work on one, on any of these grounds:

(a) we reasonably believe Client Content is unlawful, infringes someone's rights, or would expose us to a claim;
(b) what you are asking for would make the site unlawful, or would require us to help you mislead people;
(c) the Package you have bought cannot deliver what your Specification actually needs, and you do not want to change either;
(d) you have not paid, or a payment has been reversed;
(e) you have not supplied content we have asked for, in writing, for more than 60 days, and have not replied to a reminder;
(f) you or someone acting for you is abusive to our team;
(g) we are prevented by law, by sanctions, or by an order of a court or regulator;
(h) we no longer have the capacity to deliver to the promise we made, in which case the fault is ours and clause 14.3 applies.

14.2. We tell you why. Except where the ground is unlawful conduct or a risk to someone's safety, we set out the reason in writing and, where the problem can be fixed, give you a reasonable opportunity - normally at least 7 days - to fix it before we act.

14.3. What we refund.

Where we decline before starting, or stop for a reason under 14.1(g) or 14.1(h): full refund.
Where we stop for a reason under 14.1(a) to 14.1(f): we refund what you paid, less the value of the work carried out to that point and less any third-party costs already spent under clause 10.14. We show the calculation.
Where you are a Consumer who has not given the two statements in clause 10.4: full refund, whatever the ground, because nothing has been charged for.

14.4. Suspending your account. We may suspend access to your account or your Preview if we reasonably believe it is being used to break these Terms or the law, or if credentials have been compromised. We tell you and we restore access as soon as the problem is resolved. If you think we got it wrong, write to [CONTACT_EMAIL] and we will review it and answer within 14 days.

15. Your account

15.1. Registration. You need an account to approve a Quote, to see your Preview and to download your Deliverables. Give us accurate details and keep them current.

15.2. Credentials. Keep your password to yourself. Tell us at [CONTACT_EMAIL] straight away if you think someone else has it. You are responsible for what is done through your account, except where it follows from our failure to keep the service secure, or from a compromise you reported promptly that we failed to act on.

15.3. Sharing the Preview. Use the sharing link in your account rather than giving anyone your password. Share links expire and you can revoke them at any time.

15.4. Download your files. We keep your Deliverables available in your account for [FILE_RETENTION_PERIOD] after delivery. Download them and keep your own copy. We are not your archive and we do not guarantee to hold a copy beyond that period.

15.5. Closing your account. Write to [CONTACT_EMAIL]. Closing your account ends access to the Preview and to any files still held for you, and it does not cancel a Care Plan subscription, which is cancelled under clause 13.3.

16. Acceptable use

16.1. You must not:

(a) use the Site or anything we deliver for an unlawful purpose;
(b) share or sell your account credentials;
(c) copy, resell or redistribute Our Materials outside the licence in clause 11.4;
(d) use anything we deliver, or any part of the Site, to train or ground a machine-learning model, or to generate derivative material for distribution;
(e) scrape, crawl or harvest the Site or the Design library by automated means;
(f) attempt to reach the Preview of an order that is not yours, or any part of our systems you have not been given access to;
(g) upload malware, or anything designed to interfere with the Site or with anyone using it;
(h) misrepresent who you are, or your authority to place an order for an organisation.

16.2. Breaking this clause is a material breach, and clause 14 applies.

17. Quality, conformity and liability

17.1. What we promise. We will build with reasonable care and skill, to the Specification and the Quote, within the delivery promise, and the Deliverables will match what was described. Digital content and services we supply to a Consumer will be as described and fit for the purposes such content is normally used for, and your statutory remedies where they are not are set out in law and are not cut down here.

17.2. Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) our gross negligence or wilful misconduct;
(d) anything that cannot lawfully be limited or excluded, including under the Australian Consumer Law, the UK Consumer Rights Act 2015, and mandatory consumer protection rules in your own country.

17.3. Consumers. We are responsible for loss that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill. We are not responsible for loss that was not foreseeable when the contract was made. Subject to 17.2, our total liability to a Consumer for a given order is limited to the greater of the total price of that order and [LIABILITY_FLOOR_AMOUNT].

17.4. Business Clients. Subject to 17.2 and to clause 18:

(a) we are not liable for loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, business interruption, or loss or corruption of data;
(b) our total liability for a given order is limited to the total price of that order.

17.5. What we are not responsible for, in any case:

your hosting, your domain, your DNS, your certificates or any third-party service you connect;
the site's availability, security, backups or performance once it is online, which is under your control and not ours;
decisions you make, or commercial results you do or do not achieve;
anything you or someone you engaged changed after handover.

17.6. No promise of a commercial result. We build what the Specification describes. We do not promise a level of traffic, a search ranking, a conversion rate, a revenue figure or any other business outcome, and nothing on the Site should be read as promising one.

18. Australia

This clause applies to everyone who buys from us in Australia, whether as a Consumer or in business.

18.1. The consumer guarantees cannot be excluded. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where any clause would do so, it does not apply to you to that extent.

18.2. Businesses get them too. Under the Australian Consumer Law, a person who acquires goods or services for less than AUD 100,000 is a consumer for the purposes of the consumer guarantees, whatever the purpose of the purchase. Every Package and Add-on we sell falls below that figure. If you are an Australian business buying from us, you have the consumer guarantees, and clause 17.4 does not take them away from you.

18.3. Mandatory text. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

18.4. Who is giving that warranty. [LEGAL_ENTITY_NAME], [REGISTERED_ADDRESS], [CONTACT_PHONE], [CONTACT_EMAIL]. To claim under the 30 day Defect warranty in clause 9.6, write to us at that address or email; we bear the cost of putting a Defect right.

18.5. Where a limitation is allowed. Where a consumer guarantee applies and the law permits our liability to be limited, our liability for failing to comply with it is limited, at our option, to supplying the services again or paying the cost of having them supplied again. This does not apply where the services are of a kind ordinarily acquired for personal, domestic or household use.

18.6. Unfair contract terms. These Terms are a standard-form contract. If you are a consumer, or a small business as the Australian Consumer Law defines one, a term that is unfair is void and we may not rely on it. We have drafted with that in mind, and if you think a term here is unfair we would rather hear from you at [CONTACT_EMAIL] than read it in a notice.

18.7. We do not say your rights are excluded. Nothing on the Site, in an email from us or in these Terms should be read as saying that a right or remedy you have under Australian law does not exist or does not apply. If you find wording that reads that way, tell us and we will fix it.

19. Changes to these Terms

19.1. We may change these Terms, but only where we have a real reason: a change in the law or in regulatory guidance, a change in how we deliver, a new product, or to fix an error or make something clearer.

19.2. Notice. We publish the amended Terms with a new "Last updated" date and, where the change is material and you have an account, we email you at least 30 days before it takes effect.

19.3. Your right to leave. If a material change is to your disadvantage, you may end any Care Plan subscription and close your account with effect from the date the change takes effect, at no charge, by telling us before that date. Where you have paid for a period that runs past that date, we refund the unused part.

19.4. Changes are not retrospective. The version of these Terms in force when you approved your Quote continues to govern that order, unless the change is required by law or is to your benefit.

20. Privacy

20.1. How we collect and use personal data is set out in the Privacy Policy at [PRIVACY_POLICY_URL], which forms part of these Terms.

20.2. Nothing in these Terms limits your rights under data protection law.

21. Complaints and disputes

21.1. Come to us first if you can. Email [CONTACT_EMAIL] with the detail. We acknowledge within 5 Working Days and aim to resolve within 30 days.

21.2. Alternative dispute resolution. [ADR_SCHEME_POSITION] Where we cannot resolve your complaint, you may be entitled to take it to a dispute resolution body in your own country.

21.3. EU Consumers can find their national consumer dispute bodies through their national consumer authority or the European Consumer Centres Network.

21.4. Australian consumers may contact the ACCC or their state or territory consumer protection agency.

21.5. UK consumers may contact Citizens Advice or the relevant trading standards service.

21.6. Nothing in this clause stops you going to court at any time.

22. Suspension, termination and what survives

22.1. Clause 14 governs when we may refuse, stop or suspend. Clause 10 governs cancellation and refunds.

22.2. On termination for any reason, your licence under clause 11.4 survives if, and only if, you have paid in full. If you have not, it does not come into existence at all.

22.3. Clauses 4.7, 7, 11, 17, 18, 20, 23 and 24 survive the end of the contract.

23. Governing law and where a dispute is heard

23.1. Governing law. These Terms and any dispute arising out of them are governed by the law of [GOVERNING_LAW_COUNTRY].

23.2. Consumers keep their home protections. If you are a Consumer, clause 23.1 does not take away the protection of any mandatory rule of the country where you habitually live. Where the law of your country gives you more protection than [GOVERNING_LAW_COUNTRY] law does, that greater protection applies to you.

23.3. Consumers: where you can sue. If you are a Consumer you may bring proceedings against us in the courts of the country where you live, or in the courts of [GOVERNING_LAW_COUNTRY]. We may bring proceedings against you only in the courts of the country where you live.

23.4. Business Clients. The courts of [GOVERNING_LAW_COUNTRY] have exclusive jurisdiction.

23.5. Australia. Nothing in this clause limits the operation of the Australian Consumer Law or the jurisdiction of Australian courts in relation to it.

24. General

24.1. Entire agreement. These Terms, with the documents in clause 1.4, are the whole agreement about what we are building for you. This does not exclude liability for fraudulent misrepresentation, and it does not limit a Consumer's rights in respect of something we said that they relied on.

24.2. Severability. If a provision is unlawful or unenforceable it is severed and the rest stands.

24.3. No waiver. If we do not enforce a right on one occasion, we have not given it up.

24.4. Assignment. You may not transfer your rights or obligations without our written consent, except with the sale of the business the site belongs to under clause 11.4. We may transfer ours to a company that acquires our business, provided this does not reduce your rights, and we will tell you.

24.5. Subcontractors. We may use subcontractors. Where we do, we remain responsible to you for the work, and this clause does not pass our obligations to anyone else.

24.6. No partnership. Nothing here creates a partnership, joint venture, employment or agency relationship.

24.7. Notices. We send notices to the email address on your account. Send yours to [CONTACT_EMAIL]. A notice is treated as received on the next Working Day after it is sent.

24.8. Language. These Terms are written in English and English is the language of the contract.

24.9. Accessible format. If you need these Terms in another format, write to [CONTACT_EMAIL] and we will provide one.

25. Contact us

[LEGAL_ENTITY_NAME]
[REGISTERED_ADDRESS]
Email: [CONTACT_EMAIL]
Telephone: [CONTACT_PHONE]
Company registration number: [COMPANY_REGISTRATION_NUMBER]
VAT or GST registration: [VAT_GST_REGISTRATION_STATUS]

For legal notices and copyright complaints: [LEGAL_NOTICES_EMAIL]

Annex A - model cancellation form

Complete and return this form only if you wish to cancel the contract. You do not have to use this form: any clear statement will do.

To: [LEGAL_ENTITY_NAME], [REGISTERED_ADDRESS], [CONTACT_EMAIL]

I/We hereby give notice that I/We cancel my/our contract for the supply of the following service:

Order reference: ____________________

Ordered on: ____________________

Name of consumer(s): ____________________

Address of consumer(s): ____________________

Signature of consumer(s), only if this form is sent on paper: ____________________

Date: ____________________

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