Legal
Last updated: [EFFECTIVE_DATE]
Terms of Service
These terms apply to all website design, rebrand, and design mockup and planning work that Bloomfound Co does for clients. Please read them carefully before accepting a quote. If anything is unclear, ask me before you go ahead.
1. Who we are
- "I", "me", "my", "Bloomfound Co" means [REGISTERED_COMPANY_NAME], trading as Bloomfound Co, registered in [REGISTERED_IN] (company number [COMPANY_NUMBER]), registered office [REGISTERED_OFFICE_ADDRESS].
- "You", "your", "the client" means the business or person who accepts my quote.
- "Project" means the work described in your quote or proposal.
- "Deliverables" means the finished items I provide to you as part of the project (for example, a website, mockups, a logo or brand guidelines).
- "Quote" means my written quote or proposal for your project, including its scope, price and payment stages.
2. Business clients only
My services are for businesses only, including sole traders and organisations, acting for business purposes. By accepting a quote, you confirm that you are not entering into the contract as a consumer. This means consumer cancellation rights (such as the 14-day cooling-off period that applies to consumer contracts in the UK) do not apply. Cancellation is covered in section 12.
3. Quotes and how the contract starts
3.1 Quotes are free and valid for 30 days from the date they are sent, unless the quote says otherwise.
3.2 The contract between us starts when you accept the quote in writing (email is fine) and pay any deposit due. Until then I'm not obliged to start work or hold time for you.
3.3 The contract is made up of these terms and your quote. If the quote and these terms conflict, the quote wins.
4. Scope and changes
4.1 I will carry out the work described in your quote. Anything not listed in the quote is not included.
4.2 If you'd like to add to or change the scope (for example, extra pages, new features or a different direction after a design has been approved), I'll tell you whether it affects the price or schedule and send you an updated quote. I'll only do the extra work once you've agreed to it in writing.
5. What I need from you
To keep your project on track, you agree to:
- give me the information, content (text, images, logos, product details) and access (for example, to your domain, hosting or existing website) I reasonably need, in good time
- make sure you own, or have permission to use, any content you give me, and that it is accurate and lawful
- give clear, combined feedback and approvals within [FEEDBACK_DAYS] working days of my request, using the client portal where possible
- choose one main contact who can make decisions on your behalf
If I don't receive content, feedback or approvals I need, I may pause the project (see section 8). I'm not responsible for delays caused by late content or feedback.
6. Design rounds and approvals
6.1 Your quote will say how many rounds of revisions are included at each stage (for example, planning, mockups and build). A round means one set of combined changes that you send me together.
6.2 When I ask you to approve a stage (for example, a set of mockups in the client portal), your approval means you're happy for me to move on. Changes to an approved stage later on may be charged as extra work.
6.3 Extra revision rounds beyond those in your quote are charged at my hourly or day rate shown in the quote, or as separately quoted.
7. Prices and payment
7.1 Prices are as set out in your quote and are in pounds sterling (GBP) unless the quote states another currency. [If VAT registered: Prices exclude VAT, which will be added at the applicable rate.] [If not VAT registered: I am not currently registered for VAT, so no VAT is charged.]
7.2 Unless your quote says otherwise, I invoice as follows:
- a deposit of [DEPOSIT_PERCENT]% of the project price before work starts
- the balance before the website goes live or before final files are handed over
Larger projects may be split into more stages, as set out in your quote.
7.3 Invoices are due within [PAYMENT_DAYS] days of the invoice date. You're responsible for any bank, currency conversion or transfer fees so that I receive the full invoiced amount. Clients outside the UK are responsible for any local taxes or duties that apply to them.
7.4 If an invoice is overdue, I may pause work and withhold deliverables until it is paid. I may also charge interest and recovery costs on late payments as allowed under the Late Payment of Commercial Debts (Interest) Act 1998.
8. Timescales and pausing
8.1 Any dates in your quote are estimates. I'll do my best to meet them and will keep you updated through the client portal, but I'm not liable for delays outside my reasonable control or caused by late content, feedback or payment.
8.2 If I'm waiting on you for more than 30 days, I may pause the project. Restarting may depend on my availability and, if the project has been paused for more than [RESTART_DAYS] days, may involve a restart fee or a revised quote. If the project stays paused for more than [ABANDON_DAYS] days with no reply from you, I may treat it as cancelled by you under section 12.
9. Third-party costs and services
9.1 Unless your quote says otherwise, the price does not include third-party costs, such as domain names, hosting, email accounts, premium fonts, stock photos, plugins, apps, booking or e-commerce platforms, or payment processing fees. I'll explain any that you're likely to need. These are paid by you directly or recharged at cost.
9.2 Third-party services are provided under their own terms. I'm not responsible for their availability, pricing changes, security, or for problems caused by them.
9.3 Where possible, domains, hosting and other accounts should be set up in your name so that you stay in control of them.
10. Ownership of the work
10.1 Once you have paid all invoices for the project in full, you will own the copyright in the final deliverables created specifically for you (for example, your final website design, final logo and brand guidelines), and I will transfer those rights to you. Until then, I keep ownership and you have a licence to review the work only.
10.2 I keep ownership of:
- my pre-existing materials, tools, code, templates, components and know-how that I use across projects. You receive a permanent, non-exclusive licence to use them as part of your deliverables.
- design concepts, mockups or logo options that you didn't choose. These are not transferred to you.
10.3 Third-party materials (such as fonts, stock images, plugins and open-source code) remain owned by their creators and are licensed to you under their own licence terms. Where a licence must be bought in your name, I'll let you know.
10.4 Portfolio: unless you ask me not to in writing, I may show the finished work (and a description of the project) in my portfolio, on social media and in marketing, and may include a small "Designed by Bloomfound Co" credit link in your website footer, which you can ask me to remove. I won't share anything confidential.
11. Launch, warranty and support
11.1 Before launch, I'll test your website on common modern browsers and devices. You'll have a chance to review it before it goes live.
11.2 For 30 days after launch (or after final handover for design-only projects), I'll fix any errors in my work free of charge, where they are caused by me and not by changes made by you or a third party.
11.3 After that, ongoing support, updates, hosting management and maintenance are not included unless agreed separately in writing.
11.4 I'll design and build your site using good practice for search engines, speed and accessibility, but I can't guarantee particular search rankings, traffic, enquiries, sales or other business results.
12. Cancellation and ending the contract
12.1 You can cancel the project at any time by telling me in writing. You'll need to pay for all work done up to the date of cancellation (based on the work completed against the project price, or my hourly or day rate in the quote) and any costs I've already committed to on your behalf. If the deposit is more than this amount, I'll refund the difference; if it's less, I'll invoice you for the rest.
12.2 I can end the contract by giving you written notice if you don't pay an invoice within 14 days of a reminder, if you seriously breach these terms and don't fix the breach within 14 days of being asked, or if you become insolvent. I may also end the contract for any reason with 14 days' written notice, in which case I'll refund any money paid for work I haven't done.
12.3 On cancellation, once all amounts due are paid, I'll hand over the work completed so far, and section 10 will apply to it.
13. The client portal
13.1 I'll give you access to a private client portal to follow your project, share files, give feedback and approve designs. Approvals and messages in the portal count as written communication under these terms.
13.2 You're responsible for keeping access to the email address you use to log in secure, and for anything done under your account. Please only upload files you have the right to share.
13.3 I may keep project files in the portal for a reasonable time after the project ends but don't provide permanent file storage. Please download anything you want to keep.
14. Confidentiality
We'll each keep the other's confidential information private and only use it for the project. This doesn't apply to information that is already public, or that must be disclosed by law. Section 10.4 (portfolio) still applies unless you ask me not to.
15. Data protection
15.1 How I use your personal information is explained in my Privacy Policy.
15.2 If, as part of the project, I handle personal data that belongs to your business (for example, your customers' details submitted through a form on your website, or access to your existing site's database), I will act as your processor. I will only process that data on your documented instructions, keep it confidential and secure, use only reputable sub-processors, help you respond to data protection requests where reasonable, tell you without undue delay about any personal data breach, and delete or return the data at the end of the project. If needed, we'll sign a separate data processing agreement.
15.3 You're responsible for making sure your own website has an appropriate privacy policy and complies with data protection and cookie laws that apply to your business. I can help draft these on request, but you should get your own legal advice.
16. Liability
16.1 Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that can't legally be limited.
16.2 Otherwise, I'm not liable for any indirect or consequential loss, or for loss of profit, revenue, business, goodwill or data.
16.3 My total liability to you under or in connection with a project is limited to the total amount you have paid me for that project.
16.4 You agree to cover any losses I suffer as a result of claims that content you gave me infringes someone else's rights or breaks the law.
17. Events outside my control
Neither of us is responsible for delays or failure to perform caused by events outside our reasonable control (for example, serious illness, internet or hosting outages, or natural disasters). If such an event lasts more than 30 days, either of us may end the contract by written notice, and section 12.1 will apply to payment for work done.
18. General
18.1 Notices: we'll communicate by email or through the client portal, using the addresses we've each given.
18.2 Entire agreement: these terms and your quote are the whole agreement between us about the project.
18.3 Changes to these terms: I may update these terms for future projects. The version in force when you accepted your quote applies to your project unless we agree otherwise.
18.4 Transfer: neither of us may transfer the contract to someone else without the other's written agreement, except that I may transfer it as part of a sale or restructuring of my business.
18.5 Subcontractors: I may use trusted subcontractors for specialist parts of a project (for example, copywriting or photography). I remain responsible for their work.
18.6 Severability: if any part of these terms is found to be invalid, the rest still applies.
18.7 Third parties: no one other than you and me has any right to enforce these terms.
18.8 Law and jurisdiction: these terms, and any dispute about them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. This applies wherever in the world you are based.
Questions about these terms? Email [CONTACT_EMAIL] before accepting your quote.
