Terms and Conditions

Web Design and Hosting Services

Last updated: 16/02/2026

1. Introduction

1.1 These Terms and Conditions ("Terms") govern the provision of web design, development, and hosting services by SiteCherish ("we", "us", "our") to you ("the Client", "you", "your").

1.2 By engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety.

1.3 If you do not agree to these Terms, you must not use our services.

2. Definitions

  • "Website" means the website we design and build for you under these Terms.
  • "Services" means all web design, development, hosting, and related services provided by us.
  • "Content" means all text, images, logos, videos, documents, and other materials provided by you for use on the Website.
  • "Go Live Date" means the date your Website is first published, made accessible to the public, and your first invoice is issued. This date marks the start of your Initial Term and billing period.
  • "Monthly Fee" means the per-month hosting fee as specified in your Proposal.
  • "Annual Fee" means the total fee for a 12-month period (12 x Monthly Fee), invoiced as a single annual payment.
  • "Proposal" means the quote or proposal document setting out the scope, pricing, and specifications of your project.
  • "Third-Party Services" means external services we use to deliver your Website, including but not limited to hosting providers, domain registrars, SSL certificate providers, and content delivery networks.

3. Our Services

3.1 We provide website design, development, and managed hosting services to small businesses in the United Kingdom.

3.2 Our standard service includes:

  • Custom website design and development at no upfront cost
  • Managed web hosting
  • SSL certificate (HTTPS security)
  • Domain registration assistance (fees charged at cost)
  • Technical support for hosting-related issues

3.3 The specific scope of work for your project will be detailed in your Proposal. Only items explicitly listed in your Proposal are included.

4. Third-Party Services

4.1 We use Third-Party Services to deliver your Website. These currently include, but are not limited to, Netlify (hosting), and various domain registrars.

4.2 You acknowledge and agree that:

  • Third-Party Services are subject to their own terms and conditions
  • We do not control Third-Party Services and are not responsible for their availability, performance, or changes to their services
  • We may change Third-Party Service providers at any time without notice, provided there is no material reduction in the quality of service you receive
  • We are not liable for any loss or damage arising from Third-Party Service outages, changes, or discontinuation

4.3 We will make reasonable efforts to notify you of any planned changes to Third-Party Services that may materially affect your Website.

5. How We Work

5.1 We use a variety of professional tools, technologies, frameworks, and development methods to create your Website efficiently and to a high standard.

5.2 The specific tools and methods used are at our sole discretion and may change over time as technology evolves.

5.3 What matters is the final deliverable: a working Website that meets the specifications in your Proposal. You are purchasing a service and end result, not a specific development process.

6. Free Website Build

6.1 We design and build your Website at no upfront cost. In return, you agree to pay the Monthly Fee once your Website goes live.

6.2 The free build applies only to items explicitly included in your Proposal. Any additional features, pages, functionality, or work outside the agreed scope will be quoted separately and charged as additional work.

6.3 We reserve the right to refuse or cancel a project at any stage before the Go Live Date if we believe the project is not viable, the scope has changed materially, or the working relationship has broken down. In such cases, neither party shall owe the other anything.

7. Pricing and Payment

7.1 Your hosting fee is priced on a per-month basis as stated in your Proposal (the "Monthly Fee"). The total fee for the Initial Term (12 x Monthly Fee) is invoiced as a single annual payment (the "Annual Fee") and is due in full on or before the Go Live Date.

7.2 After the Initial Term, your agreement continues on a rolling annual basis. Your Annual Fee will be invoiced on each anniversary of the Go Live Date and is due within 14 days of the invoice date. You may cancel before the next renewal date in accordance with clause 9.3.

7.3 We accept payment by Direct Debit, bank transfer, or debit/credit card.

7.4 If payment fails or is late, we will attempt to contact you by sending at least two emails and making at least one phone call over a period of no fewer than 14 days ("Reasonable Contact Attempts"). If payment remains outstanding after Reasonable Contact Attempts, we reserve the right to:

  • Suspend your Website until payment is received
  • Charge interest at 4% above the Bank of England base rate
  • Terminate this agreement and take your Website offline

7.5 We may increase prices with 30 days' written notice. Price increases will not apply during your Initial Term — any increase will only take effect at the start of your next annual billing period after the Initial Term ends. You may cancel within the notice period if you do not wish to accept the new pricing.

7.6 All prices are in GBP. We are not VAT registered.

8. Minimum Term

8.1 Your hosting agreement has an initial minimum term of 12 months from the Go Live Date (the "Initial Term").

8.2 This minimum term reflects the value of the free website build we provide upfront. By agreeing to these Terms, you acknowledge that the free build is provided in consideration of your commitment to the Initial Term.

8.3 After the Initial Term, your agreement will continue on a rolling annual basis, renewing automatically on each anniversary of the Go Live Date. You may cancel by giving us 30 days' written notice before your next renewal date.

8.4 "Written notice" means email to billy.sawyer@sitecherish.co.uk or letter to our registered address.

9. Cancellation

Cancellation During the Initial 12-Month Term

9.1 If you wish to cancel during the Initial Term, no refund of the Annual Fee will be given. The full Annual Fee remains due and payable.

9.2 Upon cancellation during the Initial Term:

  • Your Website will be taken offline
  • No Website files will be released until all Initial Term fees have been paid in full (see Code Ownership)
  • You may request transfer of your domain name if we manage it, subject to clause 18.3

Cancellation After the Initial Term

9.3 After the Initial Term, you may cancel by giving us 30 days' written notice before your next annual renewal date.

9.4 Upon cancellation after the Initial Term:

  • Your Website will remain live until the end of your current paid annual period
  • After this date, your Website will be taken offline
  • You may request a copy of your Website files (see Code Ownership)
  • You may request transfer of your domain name if we manage it, subject to clause 18.3
  • No refunds will be given for unused portions of a paid annual period

Cancellation by Us

9.5 We may cancel or suspend this agreement immediately and without notice if you:

  • Fail to pay fees after Reasonable Contact Attempts (as defined in clause 7.4)
  • Breach any material term of these Terms
  • Use your Website for illegal, harmful, or prohibited purposes
  • Behave in a manner that is abusive, threatening, or unreasonably demanding towards us

9.6 If we terminate for your breach, no refund will be given and any outstanding fees for the Initial Term remain due.

Termination by Us Without Cause

9.7 We may terminate this agreement for any reason by giving you 30 days' written notice. If we terminate without cause during your Initial Term, we will refund any prepaid Annual Fee on a pro-rata basis for the unexpired portion of that term.

9.8 Reasons we might terminate without cause include (but are not limited to): selling or closing the business, ceasing to offer hosting services, or circumstances that make it impractical to continue the relationship.

10. Code Ownership

10.1 Ownership of the custom HTML, CSS, and JavaScript code we create specifically for your Website shall transfer to you only upon full payment of all fees due for the Initial Term (or, if you cancel during the Initial Term, upon payment of the full Annual Fee). Until such time, all intellectual property rights in the Website code remain with SiteCherish, and you are granted a licence to use the code solely as part of the hosted Website we provide.

10.2 You may request a copy of your Website files once all fees for the Initial Term have been paid in full, including the full Annual Fee if you cancel early. We will provide them within 7 working days of confirming full payment. No Website files will be released while any Initial Term fees remain unpaid.

10.3 Code ownership does NOT extend to:

  • Third-party libraries, frameworks, plugins, or code (which remain subject to their own open source or commercial licences)
  • Stock images, fonts, icons, or other licensed assets (which remain subject to their respective licences)
  • Our proprietary tools, templates, processes, or methodologies
  • Any services, APIs, or infrastructure provided by Third-Party Services

10.4 We grant you a perpetual, non-exclusive licence to use any third-party code included in your Website, to the extent we are permitted to do so under the relevant licences.

10.5 We retain the right to reuse general techniques, methods, and non-client-specific code in future projects.

11. Content and Changes After Launch

11.1 Your Monthly Fee covers hosting and technical maintenance only. It does NOT include content updates or changes to your Website after the Go Live Date.

11.2 If you require changes after launch (text updates, new images, new pages, new features, design changes), we will provide a separate quote for this work.

11.3 No additional work will begin until the quote is accepted in writing (email is acceptable).

12. Your Responsibilities

12.1 You agree to:

  • Provide accurate, complete, and lawful Content in a timely manner
  • Respond to requests for feedback, information, or approval within 7 working days
  • Ensure all Content you provide does not infringe any third-party rights (copyright, trademark, privacy, etc.)
  • Pay all fees when due
  • Keep your contact and payment information up to date
  • Comply with all applicable laws in relation to your Website and business

13. Content Delays and Project Abandonment

13.1 If you fail to provide Content or feedback within 14 days of a request, we will send a reminder.

13.2 If you fail to respond within 30 days of the original request, we may place your project on hold.

13.3 If you fail to respond within 60 days of the original request, we reserve the right to consider the project abandoned and close it entirely. In this case:

  • No Website will be delivered
  • Neither party shall owe the other anything, save that this does not affect our intellectual property rights under clause 13.5
  • If you wish to restart at a later date, we may charge a reactivation fee or require a new Proposal

13.4 We are not liable for any delays caused by your failure to provide Content or feedback.

13.5 All draft designs, wireframes, concepts, and partially completed Website materials produced during the project remain the exclusive intellectual property of SiteCherish until the Website goes live and code ownership transfers in accordance with clause 10. You must not copy, reproduce, use, or provide to any third party any draft designs, concepts, or materials produced during the project, whether the project is completed, abandoned, or cancelled.

14. Website Sign-Off

14.1 Before your Website goes live, we will ask you to confirm in writing (email is acceptable) that you approve the Website for launch.

14.2 By providing sign-off, you confirm that:

  • The Website meets the specifications in your Proposal
  • You are satisfied with the design and functionality
  • You authorise us to publish the Website and begin billing

14.3 Once you provide sign-off, any further changes will be subject to additional charges.

14.4 If you are not happy with the Website before sign-off and wish to cancel, you may do so with no fees due, provided: (a) you have engaged with the project in good faith; (b) the issues are not due to your failure to provide Content or feedback; and (c) the Website does not substantially meet the specifications in your Proposal. If the Website substantially meets the Proposal specifications, sign-off shall not be unreasonably withheld. We include up to two rounds of design revisions within the scope of the free build; additional revision rounds may be quoted as additional work. All draft designs, concepts, and materials remain our intellectual property under clause 13.5.

15. 30-Day Money-Back Guarantee

15.1 If you are genuinely dissatisfied with your Website within 30 days of the Go Live Date, you may request a full refund of the hosting subscription fee (Annual Fee) paid. This guarantee applies to hosting fees only and does not cover domain registration fees, which are non-refundable.

15.2 To request a refund, email us within 30 days of the Go Live Date explaining your dissatisfaction. Upon approval of a refund request, your Website will be taken offline immediately, no Website files will be provided, and you must not copy, reproduce, or use the Website design or code. Refunds will be processed within 14 days of approval.

15.3 This guarantee does NOT apply if:

  • Your dissatisfaction is due to your failure to provide Content, feedback, or approvals
  • You are requesting features or changes outside the agreed Proposal scope
  • You have simply changed your mind about needing a website
  • The Website substantially matches what was agreed in your Proposal
  • You have already received a refund from us previously
  • You have copied, reproduced, screenshotted, or otherwise used the Website design or code outside of the hosted service we provide

15.4 We reserve the right to refuse a refund request if we believe it is being made in bad faith.

16. Intellectual Property

16.1 You retain ownership of all Content you provide to us (logos, images, text, etc.).

16.2 By providing Content, you grant us a non-exclusive, royalty-free licence to use, reproduce, and display it for the sole purpose of creating and hosting your Website.

16.3 You warrant and represent that all Content you provide:

  • Is owned by you or you have full rights and permissions to use it
  • Does not infringe any copyright, trademark, patent, or other intellectual property rights
  • Is not defamatory, libellous, obscene, or otherwise unlawful
  • Does not violate any person's privacy or data protection rights

16.4 For a period of 12 months following the termination or cancellation of this agreement (regardless of the reason for termination), you shall not create, commission, or permit to be created a website that is substantially similar in design, layout, structure, or visual appearance to the Website we built for you. This restriction does not prevent you from creating a new website with a different design.

17. Acceptable Use

17.1 Your Website must not be used to:

  • Distribute illegal content or facilitate illegal activities
  • Distribute malware, viruses, trojans, or other harmful software
  • Send spam, unsolicited communications, or bulk emails
  • Infringe intellectual property rights of any third party
  • Host adult content, pornography, or sexually explicit material
  • Promote hate speech, discrimination, violence, or harassment
  • Conduct phishing, fraud, scams, or deceptive practices
  • Collect personal data without appropriate consent and privacy notices

17.2 We may suspend or terminate your Website immediately and without notice if we reasonably believe you are in breach of this clause. No refund will be given in such circumstances.

18. Domain Names

18.1 If we register a domain on your behalf, the domain is registered under our account and remains under our management and control for the duration of the hosting agreement and until the domain's current registration period expires. You are not the legal owner of the domain until ownership is formally transferred to you.

18.2 Domain registration fees are charged at cost with no markup.

18.3 If you cancel hosting and all fees for the Initial Term have been paid in full (including the full Annual Fee if you cancel early), you may request transfer of the domain to another provider. We will cooperate with reasonable transfer requests once the domain's current paid registration period expires or upon payment of any outstanding domain renewal fees. Domain registration fees are non-refundable.

18.4 You are solely responsible for ensuring your chosen domain name does not infringe any trademarks or third-party rights. We accept no liability for domain name disputes.

19. Uptime and Availability

19.1 We use reliable Third-Party Services and aim to provide high availability for your Website.

19.2 However, we do NOT guarantee 100% uptime. Your Website may be unavailable from time to time due to:

  • Scheduled or emergency maintenance
  • Third-Party Service outages or issues
  • Internet connectivity problems
  • Circumstances beyond our reasonable control
  • Cyber attacks, DDoS attacks, or security incidents

19.3 We are not liable for any loss, damage, or inconvenience arising from Website downtime.

20. Limitation of Liability

20.1 To the fullest extent permitted by law:

  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • We shall not be liable for loss of profits, revenue, business, goodwill, data, or anticipated savings
  • Our total aggregate liability to you for any and all claims arising from these Terms or our Services shall not exceed the total fees you have paid to us in the 12 months immediately preceding the claim

20.2 Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be excluded or limited by law

21. Indemnity

21.1 You agree to indemnify, defend, and hold harmless SiteCherish and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

  • Content you provide or publish on your Website
  • Your breach of these Terms
  • Your violation of any applicable law or regulation
  • Your infringement of any third-party rights
  • Your use of the Website or Services

22. Confidentiality

22.1 We will treat all information you provide to us as confidential and will not disclose it to third parties except:

  • As necessary to provide our Services (e.g., to hosting providers)
  • As required by law, regulation, or court order
  • With your prior written consent

23. Data Protection

23.1 We process personal data in accordance with our Privacy Policy and applicable data protection laws including UK GDPR.

23.2 Where your Website collects personal data from visitors (e.g., via contact forms), you are the Data Controller and we act as a Data Processor. Our Data Processing Agreement sets out the terms of this arrangement.

23.3 You are responsible for ensuring your Website complies with data protection laws, including having an appropriate privacy policy.

24. Force Majeure

24.1 We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control ("Force Majeure Event").

24.2 Force Majeure Events include but are not limited to: natural disasters, acts of God, war, terrorism, riots, civil unrest, government action, pandemics, epidemics, internet or telecommunications failures, power outages, cyber attacks, and failures of Third-Party Services.

25. Waiver

25.1 If we fail to enforce any right or provision of these Terms, it does not constitute a waiver of that right or provision.

25.2 Any waiver of any provision of these Terms will only be effective if in writing and signed by us.

26. No Partnership or Agency

26.1 Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency between you and SiteCherish.

26.2 Neither party has authority to bind the other or make representations on the other's behalf.

27. Third Party Rights

27.1 These Terms are between you and SiteCherish only. No third party has any rights to enforce any provision of these Terms.

27.2 The Contracts (Rights of Third Parties) Act 1999 does not apply to these Terms.

28. Assignment

28.1 You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms without our prior written consent.

28.2 We may assign or transfer our rights and obligations under these Terms to another party (for example, if we sell the business), provided this does not materially reduce the quality of service you receive. We will notify you if this happens.

29. Variation

29.1 No variation or amendment to these Terms shall be valid unless agreed in writing by both parties.

29.2 We may update these Terms from time to time. We will notify you of material changes by email at least 30 days before they take effect. Your continued use of our Services after such notice constitutes acceptance of the updated Terms.

30. Dispute Resolution

30.1 If a dispute arises between us, both parties agree to first attempt to resolve it through good faith negotiation.

30.2 If the dispute cannot be resolved through negotiation within 30 days, either party may pursue other remedies available at law.

31. Governing Law and Jurisdiction

31.1 These Terms are governed by and construed in accordance with the laws of England and Wales.

31.2 Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

32. Severability

32.1 If any provision of these Terms is found by a court or competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If it cannot be modified, it shall be severed from these Terms.

32.2 The invalidity of any provision shall not affect the validity and enforceability of the remaining provisions.

33. Entire Agreement

33.1 These Terms, together with your Proposal, our Privacy Policy, and our Data Processing Agreement, constitute the entire agreement between you and SiteCherish regarding the Services.

33.2 These Terms supersede all prior agreements, representations, warranties, and understandings, whether written or oral.

33.3 You acknowledge that you have not relied on any statement, promise, representation, or warranty that is not set out in these Terms.

34. Notices

34.1 Any notice required under these Terms must be in writing and sent by email or post to the addresses provided.

34.2 Notices are deemed received:

  • If sent by email: on the day sent, provided no delivery failure notification is received
  • If sent by post: two working days after posting to a UK address

34.3 You must notify us promptly of any change to your contact details.

35. Business Clients Only

35.1 Our Services are intended for business clients only. By entering into these Terms, you confirm that you are acting for purposes relating to your trade, business, craft, or profession.

35.2 If you are a consumer (an individual acting for purposes outside your trade, business, craft, or profession), please contact us before proceeding, as different terms may apply.

36. Backups and Data Loss

36.1 While we and our Third-Party Services take reasonable precautions to protect your Website, we do not guarantee against data loss.

36.2 We recommend you maintain your own copies of all Content you provide to us.

36.3 We are not liable for any loss of data, Content, or Website files howsoever caused, including but not limited to hardware failure, software bugs, cyber attacks, or human error.

37. Portfolio and Marketing Rights

37.1 We may include your Website in our portfolio and use screenshots or descriptions for marketing purposes, unless you notify us in writing that you object.

37.2 We may include a small, unobtrusive credit link in the footer of your Website (e.g., "Website by SiteCherish"). You may request removal of this credit at any time.

38. Communication

38.1 Our primary method of communication is email. You agree to check your email regularly and respond to communications from us in a timely manner.

38.2 We may also communicate by phone, video call, or messaging apps where mutually agreed.

38.3 We operate during normal UK business hours (Monday to Friday, 9am to 5pm, excluding public holidays). We aim to respond to enquiries within one working day but do not guarantee response times.

39. Complaints

39.1 If you have a complaint about our Services, please contact us by email at billy.sawyer@sitecherish.co.uk.

39.2 We will acknowledge your complaint within 3 working days and aim to provide a full response within 14 working days.

39.3 If you are not satisfied with our response, you may escalate the complaint in accordance with the Dispute Resolution provisions of these Terms.

40. Survival

40.1 The following clauses shall survive termination of these Terms: Definitions, Code Ownership, Intellectual Property, Limitation of Liability, Indemnity, Confidentiality, Data Protection, Governing Law, and any other clause that by its nature should survive.

41. Contact Us

If you have any questions about these Terms, please contact us:

Agreement

By accepting a Proposal from SiteCherish, or by replying to confirm your acceptance of these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.