Terms & Conditions

1. Services Provided

Webolicious offers a variety of services, including but not limited to:

• Website Development: Custom website design and development services tailored to clients’ needs, including e-commerce websites.
• Website Hosting: Web hosting solutions for personal and business websites, including domain registration, storage, and management.
• Website Care Plans and Development Hours (Support and Maintenance Retainers): Ongoing support and updates for websites, including bug fixes, security patches, and content management.
• White Labelling: Providing website development services under other companies’ brands (white labelling).

These services may be subject to change, and we reserve the right to update or modify the scope and availability of services at any time.

2. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information necessary for us to deliver our services.
• Ensure that all content provided for the website (text, images, video, etc.) is owned by you or you have permission to use it.
• Where content, images, or other materials are carried over, migrated, or reused from your existing or previous website (including where sourced or transferred by Webolicious at your request), you warrant that you hold the necessary rights or licences for that content, regardless of who originally created the previous website.
• Ensure timely payments for the services provided.
• Cooperate in a timely manner with our team during the development process, including providing feedback and approvals as needed.
• For e-commerce projects, thoroughly test all payment, checkout, and order-processing functionality prior to launch and confirm sign-off in writing (see Section 5j).

3. Payment Terms

• Hourly Rate: Our standard development rate is £75 per hour.
• Payment Schedule: Payment is due upon receipt of an invoice. For larger projects, we may require a deposit prior to beginning work, with the balance due upon completion.
• Late Payments: Payments not received within 30 days of the due date may incur a late payment fee calculated at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998 (currently the Bank of England base rate plus 8% per annum), together with a fixed late payment compensation fee, or as otherwise specified in the contract.

4. Intellectual Property

• Ownership of Work: Upon full payment for services rendered, you will own the intellectual property rights to the website and associated materials. Webolicious retains the right to use any work produced for promotional purposes unless otherwise agreed upon in writing.
• Licence for Tools: Some tools, software, or code used in the development process may be licensed from third parties. These licences remain the property of the third-party providers, and their usage may be subject to separate terms.
• Third-Party and Inherited Content: Webolicious does not verify the licensing or copyright status of content, images, or other materials inherited, migrated, or carried over from a client’s existing or previous website, or supplied by a client’s previous developer or agency. Responsibility for confirming that such content is properly licensed rests with the client.

5. Web Design and Development

By engaging Webolicious for WordPress web design services, you agree to the following terms and conditions.

a. Discovery Meeting and Project Scope

All development work begins with a discovery meeting to understand your requirements. Following this, a detailed project scope will be provided for your approval. Work will commence once the scope is signed off.

b. Additional Work and Charges

Any requests beyond the agreed-upon scope will incur additional charges. Such work will only proceed after obtaining your approval.

c. Warranty on Development Work

Webolicious provides a 2-month warranty on all development work from the date of project completion. During this period, we will fix any bugs or technical issues that arise as a result of our development at no additional cost.

The warranty does not cover:

• Issues caused by third-party plugins, hosting changes, or user modifications.
• Feature requests or enhancements beyond the original scope.
• Issues arising from WordPress core, theme, or plugin auto-updates occurring after project completion.
• Issues caused by third-party services integrated into the website, including but not limited to payment gateways, booking systems, CRMs, or marketing tools.

d. Project Timeline

Estimated project timelines are contingent upon your cooperation and timely feedback. Delays in communication or content provision may result in adjusted deadlines.

e. Supply of Materials

You are responsible for providing all necessary materials, including text, images, and other content, in a timely manner. Delays in supplying these materials may affect project timelines.

f. Approval of Work

Upon project completion, you will have the opportunity to review the work. Any feedback or revisions should be communicated within 7 days. If no feedback is provided within this period, the work will be deemed approved.

g. Payment Terms

A 50% deposit is required to initiate the project, with the remaining balance due upon completion. Invoices are payable within 14 days of receipt.

h. Termination and Refunds

Either party may terminate the agreement with 30 days' written notice. Refunds for work completed will be assessed on a case-by-case basis.

i. Intellectual Property

Upon full payment, ownership of the website design and associated materials will transfer to you. We reserve the right to showcase the work in our portfolio unless otherwise agreed.

j. E-Commerce, Payment Gateways, and Pre-Launch Testing

• Webolicious is not liable for lost sales, revenue, transactions, or business arising from errors, downtime, outages, or changes made by third-party payment gateways or processors (including but not limited to Stripe, PayPal, and WooCommerce Payments), except where such errors are directly caused by Webolicious’s own development work.
• For e-commerce projects, the client is responsible for thoroughly testing all payment, checkout, and order-processing functionality before the website goes live, and must provide written sign-off confirming this testing has been completed prior to launch.
• Once written sign-off has been provided, responsibility for any subsequent payment or checkout issues not caused by Webolicious's development work passes to the client.
• Webolicious does not guarantee, warrant, or certify PCI-DSS compliance, or compliance with any other payment industry standard, unless this is separately agreed and contracted in writing.
• The client is responsible for re-testing payment and checkout functionality following any changes to third-party payment gateways, plugins, or hosting environments made after launch.

Any liability arising under this clause remains subject to the limitations, warranty period, and third-party modification provisions set out in Section 12.

k. Warranty Period and Third-Party Modifications

The following applies to all development work, not only e-commerce or payment-related functionality:

• Webolicious's liability for any defect or fault in its development work applies only where the defect is identified and reported within the applicable warranty period, which is 2 months from the date of project completion, or 2 months from the date of the most recent chargeable update performed by Webolicious, whichever is later.
• A fault that first manifests after the warranty period has expired is treated as out of warranty, regardless of when the underlying cause may have originated, and falls outside Webolicious's liability under these terms.
• Webolicious's warranty and liability for any part of the website are void from the date that any code, configuration, plugin, hosting environment, or integration is modified by any party other than Webolicious, unless that modification was carried out by Webolicious or with Webolicious's prior written involvement.
• Webolicious is not obliged to investigate or accept liability for a fault where it cannot reasonably verify, from its own records, that no unauthorised modification occurred.

6. Website Hosting

Webolicious provides hosting and maintenance services through third-party providers. We will manage your hosting environment, but we are not responsible for issues beyond our control, such as service outages or server malfunctions.

Maintenance services include updates, backups, and security patches, but any additional work beyond the scope of the contract may incur additional charges.

By purchasing our hosting services, you agree to comply with and be bound by the following terms and conditions. Please review them carefully.

a. Services Provided

Webolicious offers various hosting plans, including:

• The Starter Buzz Plan: 1 GB Storage, 5 GB Bandwidth, Fully Managed, Free SSL Certificate, Daily Backups, Standard Email Support, 3 Free Email Accounts, LiteSpeed Powered, cPanel, 99.9% Uptime Guarantee, 30-day money-back guarantee.
• The Business Beast Plan: 5 GB Storage, 30 GB Bandwidth, Fully Managed, Free SSL Certificate, Daily Backups, Standard Email Support, 6 Free Email Accounts, One-click WordPress Installation, Enhanced Caching for Speed, LiteSpeed Powered, cPanel, 99.9% Uptime Guarantee, 30-day money-back guarantee.
• The Pro Powerhouse Plan: 25 GB Storage, Unlimited Bandwidth, Fully Managed, 2 Subdomains, Free SSL Certificate, Daily Backups, Premium Email & Telephone Support, Unlimited Free Email Accounts, One-click WordPress Installation, Enhanced Caching for Speed, Premium Site Security, Staging Area for Safe Development, LiteSpeed Powered, Memcache & Redis Enabled for Speed, cPanel, Power Boosts, 99.9% Uptime Guarantee, 30-day money-back guarantee.
• The Enterprise Titan Plan: 50 GB Storage, Unlimited Bandwidth, Fully Managed, Unlimited Subdomains, Free SSL Certificate, Daily Backups, 24/7 Email & Telephone VIP Support, Unlimited Free Email Accounts, One-click WordPress Installation, Enhanced Caching for Speed, Premium Site Security, Staging Area for Safe Development, Priority Support, LiteSpeed Powered, Memcache & Redis Enabled for Speed, cPanel, Power Boosts, 99.9% Uptime Guarantee, 30-day money-back guarantee, Includes the Essential Care Plan.

b. Account Registration

To use our services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

c. Acceptable Use Policy

You agree not to use our services for any unlawful or prohibited activities, including but not limited to:

• Hosting, storing, or transmitting any content that is illegal, harmful, or infringes on the rights of others.
• Engaging in activities that could harm or disrupt our services or infrastructure.
• Sending unsolicited emails (spam) or engaging in any form of harassment.

Violation of this policy may result in suspension or termination of your account.

d. Payment and Billing

All hosting plans are billed either monthly or annually, as per your selection during the purchase. Payments are due in advance of the service period. Failure to pay may result in suspension or termination of services.

e. Refund Policy

We offer a 30-day money-back guarantee on all hosting plans. If you are not satisfied with our services within the first 30 days, you may request a full refund.

f. Data Backups

While we perform daily backups, it is your responsibility to maintain your own backups of your data. We are not liable for any loss of data.

g. Termination

We reserve the right to suspend or terminate your account, with 30 days' written notice, if you violate these terms or engage in any conduct that we deem harmful to our interests or other users, except in cases of illegal activity, security threats, or non-payment (see 6h), where we may act immediately.

h. Termination for Non-Payment

Invoices are due upon receipt. If payment is not received within 7 days of the due date, a reminder will be issued. Should the payment remain outstanding for an additional 7 days (totaling 14 days past the original due date), Webolicious reserves the right to suspend or terminate all associated services without further notice.

Suspension or termination of services due to non-payment may result in loss of data, website downtime, or other service interruptions. Webolicious shall not be held liable for any consequences arising from such actions.

To reinstate services after termination, all outstanding balances must be settled in full. Reinstatement may also be subject to additional fees and will be processed at Webolicious's discretion.

7. Website Care Plans and Development Hours (Support and Maintenance Retainers)

By subscribing to our Care Plans and Development Hours services, you agree to comply with and be bound by the following terms and conditions. Please review them carefully.

a. Services Provided

Webolicious offers various Care Plans and Development Hours packages, including:

Care Plans:

• Essential Care Plan: WordPress core, theme, and plugin updates; daily website backups; security monitoring and malware scanning; monthly performance checks and reports; email support.
• Pro Care Plan: Includes all features of the Essential Care Plan plus uptime monitoring with instant alerts; broken link monitoring and fixes; 1 hour of development time per month; priority email support.
• Business Care Plan: Includes all features of the Pro Care Plan plus weekly performance optimisation; advanced security measures (firewall, brute-force protection); 3 hours of development time per month; priority support via email and phone.
• Elite Care Plan: Includes all features of the Business Care Plan plus daily performance optimisation; eCommerce-specific checks (cart functionality, checkout process); 5 hours of development time per month; dedicated account manager; quarterly WordPress Security Audits.

Development-Only Plans:

• Starter Boost Plan: 5 hours of expert development.
• Growth Accelerator Plan: 10 hours of expert development.
• Performance Powerhouse Plan: 15 hours of expert development.
• Ultimate Edge Plan: 20 hours of expert development.

b. Support SLA (Service Level Agreement)

Webolicious offers support services in accordance with the following SLAs:

• Support Hours: Monday to Friday, 9am to 5pm (UK time), excluding public holidays.
• Response Time: We aim to respond to support tickets within 48 hours (working days) from the time of submission.
• Resolution Time: While we strive to resolve issues as quickly as possible, resolution times may vary depending on the complexity of the issue.

Priority Support (Applicable to Business and Elite Plans)

• High Priority Issues (e.g., website down, security breaches): Response within 12 hours.
• Standard Issues (e.g., plugin conflicts, minor bugs): Response within 24 hours.
• Low Priority Issues (e.g., content updates, general queries): Response within 48 hours.

Note: Support is available via email for all plans. Phone support is included in Business and Elite Care Plans.

c. Account Registration

To use our services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

d. Payment and Billing

• All plans are billed monthly in advance.
• Payments are due prior to the commencement of the service period.
• Failure to pay may result in suspension or termination of services.

e. Development Hours Usage

• Development hours included in Care Plans or Development-Only Plans should be used within the same billing month. Unused hours may be carried over for up to 3 months, provided the plan remains active and has not been cancelled.
• Any additional work outside the allotted hours will be charged at our standard hourly rate, which will be communicated and agreed upon before proceeding.

f. Cancellation and Refund Policy

• Our plans operate on a month-to-month basis with no long-term contracts.
• You may cancel your subscription at any time by providing 30 days' notice.
• Refunds are not provided for partial months or unused services.

g. Service Limitations

While we strive to provide comprehensive support, certain services may not be included in your selected plan. Additional services beyond your plan's scope may incur extra charges, which will be communicated and agreed upon before proceeding.

8. White-Label Services

By engaging Webolicious for white-label web development, hosting, or support services, you agree to the following terms and conditions. These services are provided exclusively to agencies and resellers, enabling them to offer our expertise under their brand.

a. Scope of Services

Webolicious provides white-label services, including but not limited to:

• Custom WordPress web development
• Website maintenance and support
• Managed WordPress hosting
• Performance optimisation
• Website security enhancements

b. Project Scope and Approvals

• All development work is subject to an initial discovery meeting.
• A detailed scope of work will be provided and must be signed off before any work begins.
• Any work outside the agreed scope will require additional approval and may incur extra charges.

c. Branding and Confidentiality

• Webolicious provides unbranded services, allowing agencies to resell them as their own.
• We will not contact or engage directly with your clients unless explicitly agreed upon.
• All projects and work delivered remain confidential unless otherwise specified.

d. Support and Service Level Agreements (SLAs)

• Support is available Monday to Friday, 9am to 5pm (UK time), excluding public holidays.
• Standard response time: Within 48 working hours.

Priority support (for ongoing retainers):

• Critical issues (website down, security breaches): Response within 12 hours.
• General support requests: Response within 24 hours.
• Support covers bug fixes and general assistance but does not include new feature requests outside the scope.

e. Revisions and Approvals

• Upon project completion, agencies have 7 days to review and request revisions.
• If no revisions are requested within this period, the work will be considered approved and finalised.

f. Payment Terms

• A 50% deposit is required before starting any project. The remaining balance is due upon completion.
• For ongoing retainers or support services, payments are billed monthly in advance.
• Late payments beyond 14 days may result in service suspension.

g. Warranty on Development Work

Webolicious provides a 2-month warranty on all development work. The warranty covers bug fixes and technical issues that arise due to our development.

It does not cover issues caused by:

• Third-party plugin updates or changes
• Client modifications
• External hosting or server issues

h. Termination and Cancellation

• Either party may terminate an agreement with 30 days' written notice.
• Refunds, if applicable, will be assessed based on work completed.

9. Refund and Cancellation Policy

• Refunds: We do not offer refunds for services rendered. If you are dissatisfied with the work, we will make reasonable efforts to resolve the issue based on feedback provided.
• Cancellations: You may cancel any project at any time, provided that you pay for work completed up until the cancellation date. If you have signed a contract for services, you will be bound by the terms outlined in that contract regarding cancellation.

10. Privacy and Data Protection

• Webolicious respects your privacy and is committed to protecting your personal information.
• We will only use your information to deliver the services outlined in the contract and comply with legal obligations.
• All data collected is subject to our Privacy Policy, which outlines how your data is stored, protected, and used.

11. Confidentiality

Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party during the course of the engagement, and not to disclose such information to third parties without prior written consent, except where required by law.

12. Limitation of Liability

Webolicious will not be liable for any indirect, special, incidental, or consequential damages resulting from the use of our services, including but not limited to loss of profit, loss of revenue, loss of business, loss of anticipated savings, or loss of data.

Our liability for any direct damages will be limited to the amount paid for the services rendered during the one (1) month prior to the event that caused the damage.

All liability for development faults is further limited by the warranty period and third-party modification provisions set out in Section 5k.

Without limiting the above, Webolicious will not be liable for losses arising from third-party services, platforms, or integrations (including payment gateways, hosting providers, plugins, or APIs) that are beyond our direct control.

Nothing in these terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under UK law.

13. Indemnity

The client agrees to indemnify and hold Webolicious harmless against any claims, damages, losses, or costs (including reasonable legal fees) arising from:

• Content, images, text, or other materials supplied, approved, or requested by the client for use on the website, including any content migrated, carried over, or reused from the client's existing or previous website;
• Any breach by the client of these terms, including the warranties given in Section 2 regarding ownership and licensing of content; or
• Any claim that content supplied or approved by the client infringes the intellectual property rights of a third party.

This indemnity applies regardless of whether the previous website was built by Webolicious, the client, or a third-party developer.

14. Force Majeure

We are not responsible for delays or failures in our performance due to causes beyond our reasonable control, including, but not limited to, acts of God, natural disasters, strikes, or service disruptions.

15. Governing Law

These terms shall be governed by and construed in accordance with the laws of England and Wales.

16. Dispute Resolution

In the event of a dispute, both parties agree to first attempt to resolve the matter through good-faith discussion. If the dispute cannot be resolved within 30 days, either party may propose mediation before pursuing formal legal proceedings.

17. Modifications to Terms

Webolicious reserves the right to update or modify these terms and conditions at any time. Any changes will be posted on our website with the updated effective date. Continued use of our services after any such changes indicates your acceptance of the new terms.

18. General

• Entire Agreement: These terms, together with any signed project scope or agreement, constitute the entire agreement between the parties and supersede any prior discussions or agreements on the subject matter.
• Severability: If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Assignment: The client may not assign or transfer their rights or obligations under these terms without Webolicious's prior written consent.

19. Contact Information

For any questions regarding these terms and conditions, please contact us at:

Webolicious

T. 01245 377 635E. hello@webolicious.co.uk