Terms & Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern the use of services provided by Indigo Cube Web Design (“we,” “us,” or “our”) to the client (“you” or “Client”). By engaging our services, you agree to comply with these Terms.

Indigo Cube Web Design is based in the United Kingdom. Our contact email is hello@indigocube.co.uk.

Websites created by Indigo Cube Web Design may include a small link in the footer crediting “Indigo Cube.” By using our services, you agree to the inclusion of this link unless explicitly agreed otherwise in writing.

Indigo Cube Web Design retains the right to showcase completed projects in our portfolio unless you request otherwise in writing before the project is completed.

2. Definitions

• Client: The individual or organisation purchasing our services.
• Services: The web development, web maintenance, web consultations, and any other services provided by Indigo Cube Web Design.
• Deliverables: The products or outcomes we create for you, such as websites or performance reports.
• Agreement: The contract formed between Indigo Cube Web Design and the Client.

3. Services Provided

We offer the following services:

• Web Development: Custom website design, development, and optimisation.
• Web Hosting: Secure hosting, including installing SSL certificates, homepage health checks, and performance monitoring.
• Web Consultations: Recommendations regarding new or existing websites.

Details of the agreed-upon scope will be outlined in your specific project proposal.

4. Hosting and Domain Terms

1. Websites built by Indigo Cube Web Design will be hosted and maintained by us with annual hosting charges invoiced 30 days before renewal. Payments must be made in full before the renewal date to avoid service disruption.
2. Domain names renewed by us will also be invoiced 30 days before the renewal date and must be paid in full before renewal.
3. If you wish to transfer a domain name to or from another provider, a £25 administration fee will apply. If transferring the domain to Indigo Cube Web Design, additional domain registration charges may apply. You will be notified of these charges, and full payment will be required before the domain can be transferred.
4. At Indigo Cube Web Design we use WordPress, an open-source platform that is free to use. When you engage us, you are paying for the design, development, and customisation services we provide using the WordPress platform, not for the platform itself. If your project requires or includes premium plugins, these will be specified in your proposal and charged annually. Premium plugins are provided under their respective third-party licenses and are non-transferable.
5. If you decide to transfer your website to another provider, a £100 administration fee will apply. This fee covers the process of preparing and exporting your website as a static version (HTML, CSS, and JavaScript files), which will be provided to your new provider in a zip file. Please note that the WordPress platform, including any custom themes or plugins, will no longer be accessible once the website is exported. All outstanding balances must be fully settled before the transfer can be completed.

5. Deposits and Payment Terms

1. Web Development: A 50% non-refundable deposit is required to commence work, with the outstanding balance to be paid within two weeks of the website going live unless agreed otherwise.
2. Website Transfers to Indigo Cube Web Design: A 50% non-refundable upfront payment of the quoted transfer cost is required, along with 100% of domain and hosting charges. The outstanding balance must be paid within two weeks of the website going live unless agreed otherwise.
3. Web Consultations: Fees will be quoted and agreed upon via email. Invoices will be issued upon completion, with payment due within 14 days.

6. Client Responsibilities

You agree to:

1. Provide your logo, brand guidelines and all necessary content, images and feedback promptly to avoid delays.
2. Grant us access to any required systems, such as domain registrars or hosting accounts.
3. Review and approve deliverables within agreed timelines.
4. Ensure all provided content complies with copyright and other legal standards.

7. Delivery Timelines

1. We aim to deliver projects within the timelines agreed upon in the proposal. Delays caused by the Client (e.g. late feedback or content submission) may result in adjusted deadlines.
2. In some cases, unforeseen circumstances beyond our reasonable control may result in minor delays. While we make every effort to adhere to agreed schedules, we cannot be held responsible for such delays.
3. We are committed to meeting your desired timeframes. However, we cannot accept responsibility for missed launch dates or deadlines if materials are not supplied on time or if approvals and sign-offs are delayed.

8. Revisions and Changes

1. We will design the layout for the homepage of your website, which will serve as the foundation for the rest of the site. Once you have approved this layout, we will implement the design across the entire website. Approval for the homepage design must be provided via email and must not be unreasonably withheld or delayed.
2. The project includes up to two rounds of amendments across the entire website design. These amendments are intended to refine and finalise the design based on your feedback. Any additional revisions beyond the two rounds will be charged at our standard hourly rate of £50 per hour.
3. An email confirmation is also required to sign off on the final site before it goes live. Once the website is launched, any further changes will be chargeable at our standard hourly rate of £50 per hour, unless you have a hosting package that includes monthly updates.

9. Hosting Packages

We offer three hosting packages: Bronze, Silver, and Gold, all of which include the following:

1. Standard Performance Hosting: 1 CPU, 2GB RAM, 25 EP.
2. Daily Backups: Stored for 7 days.
3. Basic SSL Certificate: Free SSL from Let’s Encrypt. If a different SSL is required, additional charges will apply based on the certificate. A quote will be provided, and payment must be made before the certificate is installed.
4. Homepage Health Checks: We periodically assess the website’s homepage using tools like Google Lighthouse. If significant degradation is identified, we investigate the root cause and notify you of any issues. Fixes may incur additional charges, which will be discussed in advance.

Package-Specific Features

• Bronze: WordPress core, plugin, and theme updates once per month. Annual homepage health check.
• Silver: Updates twice per month. Quarterly homepage health check.
• Gold: Weekly updates. Monthly homepage health check.

10. Intellectual Property

1. Upon full payment, you will own the exported static website files (HTML, CSS, JavaScript). These files are the final deliverable you will receive if you choose to transfer your website to another provider, and you have full rights to use and distribute them as you wish. The original WordPress platform, including custom themes, plugins, and any dynamic features tied to the WordPress setup, is not included in the static export. While you own the static files, you will not retain access to or ownership of the WordPress platform, its functionality, or any associated plugin licenses, as these are non-transferable and will need to be repurchased if used in a new environment.
2. Third-party assets, such as stock images, remain subject to their respective licenses.

11. Indemnity

You agree to indemnify and hold harmless Indigo Cube Web Design from any claims, damages, liabilities, or expenses arising from:

1. Content you provide, including copyright violations or unlawful material.
2. Breach of these Terms by you.
3. Misuse of the services provided.

12. Cancellation and Termination

1. Either party may terminate the agreement with 30 days’ notice.
2. In the event of termination, any work completed up to that point will be invoiced and must be paid before deliverables are transferred.
3. Cancellations before the end of the 12-month hosting term are non-refundable. The website may remain online until the subscription year ends unless the Client explicitly requests that the site be taken offline.
4. No refunds will be provided under any circumstances.

13. Confidentiality

1. Both parties agree to keep confidential any proprietary or sensitive information shared during the project.

14. Liability and Disclaimers

1. Indigo Cube Web Design is not liable for:
   • Losses caused by third-party services.
   • Indirect or consequential damages.
2. Our liability is limited to the amount paid for the specific service.

15. Data Protection and Privacy

We handle personal data in compliance with applicable data protection laws. For more details, see our Privacy Policy.

16. Third-Party Services

We may integrate third-party services into your project. We are not responsible for the performance or reliability of these services.

17. Force Majeure

We are not liable for delays or failure to perform due to events beyond our control, such as natural disasters or technical failures.

18. Dispute Resolution

Disputes will be resolved through mediation. If unresolved, the matter will be subject to the jurisdiction of the courts of England and Wales.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.

20. Amendments to the Terms

We reserve the right to update these Terms. Clients will be notified of significant changes via email or our website.

21. Entire Agreement

These Terms, along with the project proposal, constitute the entire agreement between us.

22. Acceptance of Terms

By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

If you have any questions or concerns, please contact us at hello@indigocube.co.uk.