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Web Design Terms and Conditions
Athena Media T/A Athena Creative Media Ltd
Company No.: 14011864 – VAT No.: 432 3389 05
Office 8, Dale Street Mills, Longwood, Huddersfield, HD3 4QY
1. Definitions
- “We/Us/Our” refers to Athena Creative Media Ltd.
- “Client/You/Your” refers to the individual or company purchasing services.
- “Project” means the agreed web design work as outlined in the quotation or proposal.
2. Quotations & Payment Terms
- All quotations are valid for 30 days from the date of issue.
- A 50% deposit is required to commence work. The remaining balance is due upon completion of the Project and prior to the website being made live.
- If a Project extends beyond the suggested timelines through Client delay or inaction, we reserve the right to invoice up to the full remaining balance.
- Payment must be made in full before transfer of ownership or administrative access.
3. Ownership & Intellectual Property
- We retain full ownership of all design, code, and materials until full payment is received.
- Upon full payment, ownership of the website passes to the Client, excluding third-party software, plugins, stock assets, or proprietary tools.
- The Client is responsible for securing all rights, licenses, and permissions for any text, images, or content they provide.
4. Content & Client Responsibilities
- The Client must supply all required content (text, images, logos, etc.) in a timely manner.
- Where content is not provided, we may use stock photography or placeholder text. Responsibility for final accuracy remains with the Client.
- By approving the final website, the Client accepts full responsibility for all published content.
5. Revisions
- The Project includes a reasonable number of revisions within the scope of the original brief.
- Revisions that constitute a change of scope, additional functionality, or ongoing amendments beyond the original agreement will be chargeable at our standard hourly rate.
6. Hosting & Domain Services
- If hosting is purchased through us, the hosting account remains our property.
- Hosting includes daily backups, SSL certificates, and email accounts (subject to third-party provider terms).
- Hosting services may be suspended or permanently removed in cases of non-payment.
- Transfer of files or access will only be provided once all outstanding invoices are settled.
7. Third-Party Services & Integrations
- We may recommend or use third-party services (e.g., plugins, booking systems, or payment gateways).
- We are not responsible for uptime, pricing changes, discontinuation, or security issues relating to third-party services.
- Any ongoing fees or licenses are the responsibility of the Client unless otherwise agreed.
8. Liability & Warranty
- We are not liable for loss, damage, or disruption caused by third-party service providers, force majeure events, or issues outside of our control.
- We provide lifetime bug fixes for errors attributable to our original work.
- If the Client or a third party edits, alters, or misconfigures the website, any repair work will be chargeable.
9. Timelines & Delivery
- Estimated timelines are provided as guidance only. We are not liable for delays caused by Client delays in providing content, feedback, or approvals.
- If delays exceed 30 days due to Client inaction, we reserve the right to invoice the remaining balance in full.
10. Termination
- Either party may terminate the Project at any time.
- In the event of termination, all work completed to date will be invoiced, and all unpaid invoices must be settled before files, assets, or access are provided.
11. Portfolio Rights
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We reserve the right to showcase the completed website (including screenshots, name, and logo) in our portfolio, marketing, and case studies unless otherwise agreed in writing.
12. Force Majeure
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We will not be liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, illness, power outages, third-party failures, or government restrictions.
13. Disputes & Governing Law
- We aim to resolve disputes quickly and professionally. If resolution cannot be reached, we reserve the right to pursue the matter through the courts.
- These Terms & Conditions are governed by the laws of England and Wales.
Website Maintenance Terms & Conditions
Athena Media T/A Athena Creative Media LTD
Company No.: 14011864 – VAT No.: 432 3389 05
Office 8, Dale Street Mills, Longwood, Huddersfield, HD3 4QY
1. Scope of Services
- Athena Media provides website maintenance services which may include (but are not limited to) updates, fixes, content changes, performance improvements, security monitoring, and technical support.
- Maintenance is provided in pre-agreed blocks of hours.
- The scope of each block will be agreed in writing before work begins.
2. Hours & Flexibility
- Hours can go up or down month-to-month depending on client needs.
- Any unused hours may be rolled over at Athena Media’s discretion.
- It is the client’s responsibility to request an update on remaining hours. Athena Media records hours internally and does not provide live access to tracking documents.
- If hours used exceed the prepaid allocation, the client will go into a “minus balance.”
- This may be carried forward and averaged out over future months.
- If a minus balance continues or occurs regularly, Athena Media may request that the client either upgrades their hours package or makes a one-off payment to bring the account back to zero.
3. Payment Terms
- Website maintenance is payable in advance via GoCardless direct debit.
- Clients must maintain an active GoCardless mandate for this service.
- Work will only be carried out against pre-paid or agreed hours.
- Where payments fail, services may be suspended until payment is successfully collected.
4. Cancellation
- Maintenance services may be cancelled at any time with written notice.
- Cancellation requires the account balance to be brought to zero hours (i.e. all used hours must be paid for).
- Any unused prepaid hours at the point of cancellation are non-refundable.
5. Client Responsibilities
- The client must provide clear and timely instructions for maintenance tasks.
- If access credentials (hosting, CMS, etc.) are required, the client is responsible for ensuring they are up-to-date and functional.
- Any delays caused by the client in providing access or instructions may extend delivery times.
6. Liability & Limitations
- Athena Media will take reasonable care in performing maintenance tasks but will not be liable for issues caused by third-party hosting providers, plugins, integrations, or client interference.
- Any issues arising from unauthorised changes by the client or a third party will be chargeable to fix.
- Athena Media does not guarantee specific performance outcomes unless agreed in writing.
7. Ownership & Access
- The client retains full ownership of their website.
- Where Athena Media provides hosting, accounts remain under Athena Media’s control and may be suspended for non-payment.
- Access to hosting or backups may only be provided once all payments are settled.
8. Termination by Athena Media
Athena Media reserves the right to terminate services immediately if:
- The client fails to maintain a valid GoCardless mandate or payment, or
- The client engages in behaviour deemed abusive, unlawful, or damaging to Athena Media’s reputation.
9. Portfolio Rights
- Unless otherwise agreed in writing, Athena Media reserves the right to showcase maintenance projects, results, or screenshots in its portfolio and marketing materials.
10. Force Majeure
- Athena Media shall not be liable for delays or failure in performance resulting from circumstances beyond reasonable control, including but not limited to: power failures, hosting outages, strikes, or acts of God.
11. Disputes & Governing Law
- Any disputes will be handled under UK law, with jurisdiction in the courts of England & Wales.
- Athena Media will pursue unpaid hours or balances, including statutory interest and late payment fees under the Late Payment of Commercial Debts (Interest) Act 1998.
SEO Services Terms & Conditions
1. Service Scope
Athena Media provides Search Engine Optimisation (SEO) services designed to improve the visibility of a client’s website in search engine results. Services may include, but are not limited to:
- On-site optimisation (technical and content-based improvements).
- Off-site optimisation (such as backlinks or citations).
- Keyword research and analysis.
- Reporting on agreed metrics.
2. Payment Terms
- All SEO services are billed on a monthly basis via GoCardless Direct Debit.
- Payment must be active and up to date before work commences.
- Athena Media reserves the right to suspend SEO services if payments fail or are cancelled.
3. No Guarantee of Results
- SEO is an ongoing process influenced by factors outside Athena Media’s control, including but not limited to: search engine algorithms, competitor activity, and client-provided content.
- While Athena Media undertakes SEO work with the intention of improving search engine rankings and traffic, no guarantees are made regarding specific positions, traffic levels, or revenue.
4. Client Responsibilities
- Clients must provide timely access to their website, hosting, analytics, or other systems as required.
- Clients must approve or provide content (text, images, blog posts, etc.) in a timely manner where needed.
- Failure to provide required access or materials may impact the effectiveness of SEO services.
5. Liability
- Athena Media is not liable for any loss of rankings, traffic, or revenue resulting from algorithm changes, competitor actions, or other factors beyond its control.
- Athena Media is not liable for issues caused by third-party services, plugins, or providers.
6. Termination by the Client
- SEO services may be cancelled by the client at any time by giving one month’s notice in writing.
- Any unpaid balances must be settled in full before cancellation is effective.
7. Termination by Athena Media
Athena Media reserves the right to terminate services immediately if:
- The client fails to maintain a valid GoCardless mandate or payment, or
- The client engages in behaviour deemed abusive, unlawful, or damaging to Athena Media’s reputation.
8. Portfolio & Marketing Rights
Athena Media reserves the right to reference SEO work undertaken for clients in its portfolio and marketing materials, unless otherwise agreed in writing.
9. Force Majeure
Athena Media shall not be held responsible for delays or failure to provide services due to events beyond its reasonable control, including but not limited to internet outages, third-party service disruptions, natural disasters, or changes in law.
Web Hosting Terms & Conditions
Athena Media T/A Athena Creative Media LTD
Company No.: 14011864 – VAT No.: 432 3389 05
Office 8, Dale Street Mills, Longwood, Huddersfield, HD3 4QY
1. Service Description
- Athena Media provides managed web hosting that may include server space, bandwidth, SSL certificates, routine server monitoring, and mailbox provisioning. Hosting is provided via reputable third-party infrastructure which Athena configures and manages for the client.
2. Term & Provisioning
- Hosting is supplied on a rolling monthly or annual basis (as agreed). Services begin once payment is received and configuration is completed. Accounts are provisioned under Athena Media’s master platform; root access is not provided.
3. Payment Terms
- Hosting is payable in advance via GoCardless direct debit (monthly) or via invoice (annually).
- Clients must maintain an active GoCardless mandate for this service if on the monthly plan.
- Where payments fail, Athena may retry collection. If not resolved within 7 days, services may be suspended until payment clears.
- Pricing may be updated with 30 days’ notice.
4. Suspension, Termination & Data Deletion
- Athena may suspend services for non-payment, breach of these terms, security or abuse issues, or legal/requests from authorities.
- If an account remains unpaid, Athena may terminate and permanently delete data 30 days after suspension.
- On termination for any reason, all outstanding sums become immediately due.
5. Backups & Data Retention
- Daily backups are taken on a best-efforts basis (backup schedules and retention vary by platform). Backups are not guaranteed and are not a substitute for the client’s own off-site backups.
- Restore assistance is provided at Athena’s rates unless caused by Athena’s error.
6. Support Scope
- Hosting support covers server availability, control-panel/mailbox creation, DNS pointing, SSL certificate provisioning, and basic incident response.
- Code/content changes, malware clean-ups, performance tuning, plugin/theme fixes, and site edits fall under paid maintenance/development services.
7. Acceptable Use
- Prohibited uses include: unlawful content, phishing/malware, bulk unsolicited email (spam), resource abuse (e.g., crypto-mining, DDoS), copyright infringement, and anything that breaches provider policies or UK law.
- Violations may lead to immediate suspension and potential termination without refund.
8. Resource Limits & Fair Use
- Accounts must remain within the storage, inode, CPU, RAM, and bandwidth limits typical for shared/managed hosting. Athena may throttle, isolate, or request an upgrade if usage degrades platform stability or repeatedly exceeds fair-use thresholds.
9. Email & Deliverability
- Mailbox services are provided where included. Deliverability (spam filters, blacklists, recipient policies) cannot be guaranteed. Bulk mailing must use compliant ESPs; using hosting mailboxes for campaigns is prohibited.
10. SSL Certificates
- Standard SSL (e.g., Let’s Encrypt) is included where supported. Renewal depends on correct DNS/hosting configuration; client changes that break validation may interrupt renewal. Premium/EV certificates are available at additional cost.
11. Security & Updates
- Athena secures the hosting platform and applies server-level updates. Application-level security (CMS/plugin/theme updates, passwords, user access, content) is the client’s responsibility unless contracted under a maintenance plan.
- Athena is not liable for compromise arising from weak credentials, outdated software, or third-party code.
12. Domains & DNS (If Managed by Athena)
- At the client’s request, Athena can register/renew domains and manage DNS. Fees are separate and payable in advance. Failure to pay may result in lapse or loss; Athena accepts no liability for missed renewals where invoices are unpaid or approvals delayed.
- Unless agreed otherwise, domains are registered in the client’s name; transfer out requires settlement of all outstanding sums.
13. Ownership & Access
- The website content and IP belong to the client (subject to any third-party licences).
The hosting account itself remains under Athena Media’s control. For migrations, - Athena will provide a standard site/archive export or temporary access once all outstanding balances are paid.
- Third-party licences used on Athena’s platform (e.g., server tools) are not transferable.
14. Third-Party Services, Uptime & SLA
- Hosting relies on third-party infrastructure. While Athena will use reasonable care and reputable vendors, uptime and performance are not guaranteed by Athena. Any provider credits/SLA remedies, if received, may be passed through at Athena’s discretion as the client’s sole remedy.
15. Data Protection
- For hosting, the client is the data controller; Athena acts as a processor (and may use sub-processors such as the underlying hosting provider).
- Athena will implement appropriate technical and organisational measures, report notifiable breaches without undue delay, and process personal data only on the client’s instructions. A data-processing addendum can be provided on request.
16. Liability & Indemnity
- Athena is not liable for loss of profit, revenue, data, goodwill, or any indirect or consequential losses.
- Except for death/personal injury caused by negligence or fraud, Athena’s total liability arising from hosting in any 12-month period is limited to the fees paid for hosting in that period.
- The client indemnifies Athena against claims arising from the client’s content, actions, or breaches of these terms.
17. Cancellation by Client
- Clients may cancel at any time with written notice. No refunds are due for part-used billing periods. Post-cancellation, data will be deleted per clause 4 unless migration is requested and completed with all sums settled.
18. Termination by Athena Media
Athena may terminate immediately if:
- The client fails to maintain a valid GoCardless mandate or payment; or
- The client engages in abusive, unlawful, or reputation-damaging behaviour; or
- Continued service would breach provider policies or law.
19. Force Majeure
- Athena is not liable for delays or failures due to events beyond reasonable control, including power/network failures, provider outages, strikes, acts of God, or governmental actions.
20. Disputes & Governing Law
- These terms are governed by UK law with exclusive jurisdiction in the courts of England & Wales.
- Athena will pursue unpaid balances, including statutory interest and fixed late-payment compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
Pay Monthly Web Design Terms & Conditions
Athena Media T/A Athena Creative Media LTD
Company No.: 14011864 – VAT No.: 432 3389 05
Office 8, Dale Street Mills, Longwood, Huddersfield, HD3 4QY
1. Service Description
Athena Media offers a “Pay Monthly Web Design” service whereby a website is designed, built, and maintained for the client in exchange for a fixed monthly subscription fee.
The service includes:
- Initial design and development of a website (WordPress unless otherwise agreed).
- Hosting, SSL, and routine maintenance/technical upkeep.
- Basic on-site SEO and device optimisation.
The service does not include ongoing content updates, redesigns, or new functionality. Such work may be purchased separately under maintenance or development agreements.
2. Ownership & Licensing
- The website and all associated files remain the property of Athena Media for the duration of the subscription.
- The client is granted a non-exclusive licence to use the website while the subscription is active and fully paid.
- The client has no right to request access to, download, transfer, or copy the underlying files, databases, or configurations.
- Full ownership of the website can only be transferred if a separate buyout fee is agreed and all outstanding balances are paid in full.
3. Deposits
- A non-refundable deposit is required to secure the work. This covers design preparation, scheduling, and initial development costs.
4. Payment Terms
- The service is payable monthly in advance via GoCardless direct debit.
- Clients must maintain an active GoCardless mandate for this service.
- Payments are continuous and recurring until the service is cancelled in accordance with these terms.
- Failure to maintain payment may result in immediate suspension of the website.
5. Contract Term & Cancellation
- The Pay Monthly Web Design service is ongoing with no fixed minimum term unless otherwise agreed in writing.
- Clients may cancel at any time with written notice. Upon cancellation:
- The website will be taken offline immediately.
- The client will lose all rights to the website, including content, files, and configurations.
- No data, backups, or files will be provided to the client.
- Any outstanding payments or arrears must be settled before cancellation is finalised.
6. Revisions & Scope
- The initial design phase includes a reasonable number of revisions at Athena Media’s discretion. Excessive or repeated revisions beyond normal practice may be chargeable.
- Any requests outside the agreed initial scope (e.g., additional pages, features, integrations) will be quoted and invoiced separately.
7. Client Responsibilities
- The client must provide content (text, images, media, etc.) in a timely manner. If content is not provided, Athena Media may use placeholder or stock material.
- The client is responsible for ensuring that all content provided complies with applicable laws and does not infringe third-party rights.
8. Hosting & Maintenance
- Hosting, SSL certificates, and routine maintenance are included in the monthly subscription.
- Ongoing content edits, blog posts, redesigns, or feature requests are not included and will be chargeable separately.
9. Suspension & Termination by Athena Media
Athena Media reserves the right to suspend or terminate the service immediately if:
- The client fails to maintain a valid GoCardless mandate or payment, or
- The client engages in abusive, unlawful, or reputation-damaging behaviour.
10. Liability & Limitations
Athena Media will take reasonable care in providing the service but is not liable for:
- Third-party outages (hosting providers, plugins, external services).
- Issues caused by client interference or unauthorised third parties.
- Loss of profit, revenue, data, or any indirect/consequential loss.
Athena Media’s liability is limited to the fees paid for the Pay Monthly service in the preceding 12 months.
11. Portfolio Rights
- Unless otherwise agreed in writing, Athena Media reserves the right to showcase Pay Monthly websites, screenshots, or case studies in its portfolio and marketing materials.
12. Force Majeure
- Athena Media shall not be liable for delays or failures caused by circumstances beyond its control, including hosting outages, strikes, or acts of God.
13. Disputes & Governing Law
- These terms are governed by UK law with exclusive jurisdiction in the courts of England & Wales.
- Athena Media will pursue unpaid balances, including statutory interest and late payment compensation under the Late Payment of Commercial Debts (Interest) Act 1998.