WEBSITES BY MIKE

WEBSITE DESIGN, HOSTING & MAINTENANCE AGREEMENT

IMPORTANT NOTICE

Please read this Agreement carefully before confirming acceptance.
By ticking the acceptance box and completing checkout, you agree to be bound by these terms and conditions.

Nothing in this Agreement affects your statutory rights where you are acting as a consumer under applicable law.

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1. PARTIES

This Agreement is between:

(a) Websites By Mike (“we”, “us”, “our”), and
(b) The person or organisation accepting these terms (“you”, “your”, “Client”).

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2. SERVICES

2.1 We provide website design, development, hosting and ongoing maintenance services as agreed in your proposal, order confirmation, or selected plan (“Services”).

2.2 Website design and build services are provided for a one-time upfront fee unless otherwise agreed.

2.3 Ongoing services, including hosting, updates and support, are provided on a recurring monthly basis.

2.4 Services may include:

• brochure-style websites
• e-commerce / WooCommerce websites
• hosting and server management
• core updates and maintenance
• basic support

2.5 Basic support includes minor updates such as text edits, image replacements, and routine plugin/theme updates. It does not include new features, redesigns, integrations, or custom development unless agreed separately.

2.6 Any work outside the agreed scope may be quoted separately.

2.7 We will use reasonable care and skill in providing the Services.

2.8 We do not guarantee any specific business results, including but not limited to search rankings, traffic, leads, or sales.

2.9 Any timelines provided are estimates only and are not guaranteed unless expressly agreed in writing. Delays caused by the Client (including late feedback or content delivery) may impact delivery timelines.

2.10 Reasonable revisions are included as part of the website build. However, excessive, repeated, or out-of-scope revision requests may be subject to additional fees.

2.11 Unless explicitly agreed in writing, we do not provide any service level agreement (SLA) or guaranteed uptime.

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3. OWNERSHIP OF WEBSITE, FILES AND DOMAIN

3.1 Upon full payment of the website design and build fee:

(a) You own the completed website design and content created specifically for you;

(b) This ownership relates to the website as delivered and does not include our underlying systems, frameworks, reusable components, plugins, themes, or development tools, which remain our property.

3.2 You are granted the right to use the website as delivered for your business or personal use.

3.3 Ongoing hosting environments, server configurations, optimisations and managed infrastructure remain our property.

3.4 If your monthly hosting/maintenance subscription is cancelled:

(a) Your website will be removed from our servers at the end of the notice period;
(b) We are not responsible for maintaining a live version of your website after this point.

3.5 Upon request, we can provide a full export of your website as a downloadable file.

(a) A fixed export fee of £99 applies;
(b) The export will typically be provided using a third-party tool (e.g. All-in-One WP Migration or similar);
(c) You are responsible for obtaining any required licences, plugins, or tools needed to import or use the exported website on another hosting provider;
(d) We are not responsible for compatibility issues, import failures, or configuration on third-party systems unless a separate migration service is agreed.

3.6 Full migration, setup, or support on a new hosting provider is not included and may be quoted separately.

3.7 If we register a domain on your behalf:

(a) Ownership may be transferred to you upon request;
(b) Transfer is subject to all outstanding fees being paid;
(c) An administrative transfer fee may apply.

3.8 If you supply your own domain, you retain ownership at all times.

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4. FEES AND BILLING

4.1 Website design and development fees are payable upfront unless otherwise agreed in writing.

4.2 Monthly fees apply for hosting, maintenance and ongoing services.

4.3 Monthly fees are payable in advance via recurring payment.

4.4 You authorise us to automatically collect recurring payments.

4.5 We reserve the right to change pricing. Reasonable notice will be provided before changes take effect.

4.6 If you do not agree to a pricing change, you may cancel your monthly services before the change takes effect.

4.7 All fees are non-refundable once work has commenced or services have been provided, unless otherwise required by law.

4.8 Where you are a consumer and have a statutory right to cancel within 14 days, you agree that if you request work to begin during this period, you may lose your right to a full refund once work has commenced.

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5. TERM AND CANCELLATION

5.1 Monthly services continue until cancelled.

5.2 You may cancel monthly services at any time by:

(a) submitting a cancellation request; or
(b) contacting us in writing.

5.3 A minimum of 30 days’ notice is required for cancellation of monthly services.

5.4 Services remain active and chargeable during the notice period.

5.5 We may suspend or terminate services:

(a) with 30 days’ notice; or
(b) immediately in cases of non-payment, breach of this Agreement, or unlawful use.

5.6 Upon cancellation or termination:

(a) Hosting and related services will cease at the end of the billing/notice period;
(b) We are not obligated to retain website data beyond a reasonable period following termination;
(c) Website export, migration, backup provision, or reinstatement may incur additional fees.

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6. NON-PAYMENT

6.1 Failed payments may be automatically retried.

6.2 We may suspend services if payment is not received within 7 days.

6.3 If payment remains outstanding for more than 30 days:

(a) Services may be terminated;
(b) The website may be taken offline;
(c) We may delete website data after termination in accordance with our data retention practices.

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7. YOUR RESPONSIBILITIES

7.1 You are responsible for:

(a) providing accurate content and ensuring you have permission to use it;
(b) ensuring your website complies with all applicable laws and regulations, including data protection, privacy policies, cookies, and consumer law;
(c) maintaining access to your account and contact details;
(d) maintaining independent backups of all critical data.

7.2 We may perform routine backups as part of the Services; however, you remain responsible for maintaining your own independent backups of important data.

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8. ACCEPTABLE USE

You must not use the Services for:

(a) unlawful or illegal purposes;
(b) hosting or distributing malicious software, spam, or harmful content;
(c) infringing third-party rights;
(d) any activity that may harm our systems, infrastructure, or reputation.

We reserve the right to suspend or terminate services for breach of this clause.

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9. CONTENT AND INTELLECTUAL PROPERTY

9.1 You retain ownership of all content you provide.

9.2 You grant us a licence to use your content for the purpose of delivering the Services.

9.3 We retain ownership of all proprietary systems, frameworks, codebases, and development tools.

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10. AVAILABILITY AND SUPPORT

10.1 We aim to provide reliable services but do not guarantee uninterrupted availability.

10.2 Planned maintenance may result in temporary downtime.

10.3 Basic support includes minor updates and general assistance only.

10.4 Support does not include major changes, redesigns, or new functionality unless agreed separately.

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11. THIRD-PARTY SERVICES

We are not responsible for failures, downtime, security issues, or changes caused by third-party services, including but not limited to hosting infrastructure, plugins, payment providers, or external platforms.

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12. LIMITATION OF LIABILITY

12.1 Nothing in this Agreement excludes or limits liability for:

(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) any liability that cannot be excluded under applicable law.

12.2 Subject to the above:

(a) We are not liable for any indirect or consequential loss, including loss of profit, revenue, business, or data;
(b) Our total liability shall not exceed the total fees paid by you in the previous one (1) month.

12.3 You agree that this limitation is reasonable given the nature and cost of the Services.

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13. INDEMNITY

You agree to indemnify and hold us harmless against any claims, damages, or liabilities arising from:

(a) your use of the Services;
(b) your content or data;
(c) any breach of third-party rights.

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14. FORCE MAJEURE

We are not liable for failure or delay in performing our obligations where such failure results from events beyond our reasonable control, including but not limited to acts of God, outages, cyber attacks, infrastructure failures, or third-party service disruptions.

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15. CHARGEBACKS AND PAYMENT DISPUTES

You agree to contact us first to resolve any billing issues before initiating a chargeback or payment dispute.

We reserve the right to suspend services and recover costs associated with unjustified chargebacks or payment disputes.

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16. CONTRACT VERSIONING AND ACCEPTANCE

16.1 Each acceptance of this Agreement records:

• Agreement version
• date and time
• your account details
• your IP address

16.2 We may update this Agreement from time to time.

16.3 Material changes will be notified. Continued use of the Services constitutes acceptance of updated terms.

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17. INVOICES

17.1 You will receive or have access to invoices for all payments.

17.2 You are responsible for retaining copies for your records.

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18. GENERAL

18.1 This Agreement constitutes the entire agreement between the parties.

18.2 If any provision is found invalid, the remainder remains enforceable.

18.3 You may not transfer this Agreement without our written consent.

18.4 This Agreement is governed by the laws of England and Wales.

18.5 The courts of England and Wales shall have exclusive jurisdiction.

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By ticking the acceptance box, you confirm that:

(a) you have read and understood this Agreement;
(b) you are authorised to enter into it;
(c) you agree to be bound by these terms.