WeMakeWeb Terms and Conditions

Last updated: 3rd September, 2024

Terms and Conditions Contents

Please ensure you read WeMakeWeb terms and conditions thoroughly as it covers your rights whilst using our services and limits our liability to you. By purchasing services from us, you are deemed to have accepted the terms and conditions outlined in this document.

Definitions

In these Conditions, the following terms shall have the following meaning:

Services or Website Services: Website Design, Website Development, Website Support and Maintenance, or our website packages.
Company or The Company: WeMakeWeb.
Data Protection Legislation: All applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations, and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced, or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).
Data Subject: An individual who is the subject of Personal Data.
Personal Data: Any information relating to an identified or identifiable natural person.
You, Your, Client, or Customer: Refers to you.

Scope of Terms and Conditions

These Conditions cover your relationship with WeMakeWeb and will come into force immediately when you purchase a service from us or engage in a conversation with us.

Any typographical, clerical, or other error or omission in any sales literature, quotation, marketing, pricelist, invoice, or other documentation issued by WeMakeWeb shall be subject to correction without any liability on its part.

Data Protection Legislation

To the extent that WeMakeWeb processes Personal Data disclosed by you, it warrants that:

It will only use information as set out in this clause.
It has appropriate security measures against unlawful or unauthorized processing of Personal Data and against the loss or corruption of Personal Data.
It will not transfer or permit the transfer of Personal Data outside the EEA without your prior written consent.

WeMakeWeb shall follow appropriate backup procedures for Personal Data. In the event of any loss or damage to Personal Data, WeMakeWeb will revert to the latest backup. WeMakeWeb shall not be responsible for any loss or alteration to data during this process.

WeMakeWeb will hold Personal Data about you as set out in this clause and in WeMakeWeb’s Privacy Policy. We use the information as follows:

To provide you services.
To make you aware of WeMakeWeb’s services and other similar offers, unless you have notified us that you wish to opt out of receiving such information.
For research purposes (in which your details will be anonymous).
For business making decisions (in which your details will be anonymous).
To deal with any disciplinary matters in respect to you.
As otherwise permitted by the Data Protection Legislation.

You consent to WeMakeWeb destroying or otherwise disposing of any of the Personal Data in its possession in accordance with GDPR unless WeMakeWeb receives, no later than ten days after the termination of this agreement, a written request for your most recent customer data, in which case WeMakeWeb shall use appropriate measures to deliver the backup to you within 30 days of the written request.

For more information on how we process and store your data, please refer to our Privacy Policy.

Confidentiality

WeMakeWeb will hold in confidence all confidential information received from you and will not divulge the confidential information to any person outside of the organization, unless required by law.

The following information, for the purpose of this agreement, is not considered as confidential information:

Information that is known to either of the parties prior to the date that it was received from the other party.
Information known to be public or generally available to the public prior to the date that it was disclosed by either of the parties.
Information which becomes known to the public or becomes generally available to the public after the date that it was disclosed by either of the parties.
Information which either of the parties, in writing, authorizes the other to disclose.

Purchasing Services from WeMakeWeb

By purchasing services from WeMakeWeb, you agree that:

Any typographical, clerical, or other error or omission in any sales literature, quotation, marketing, pricelist, invoice, or other documentation issued by WeMakeWeb shall be subject to correction without any liability on its part.
Any stated completion dates are estimates and may change.
Payment must be made before or on the day of the expected payment. Delayed payments may result in:

Additional late costs
Loss of service until payment is provided

You will pay the full amount before work commences unless paying via a payment plan, and the stated deposit amount is non-refundable.
You will not reuse or redistribute license keys provided by WeMakeWeb. Should this occur, WeMakeWeb reserves the right to:
- Suspend ongoing services
- Revoke license keys
On the rare occasion where WeMakeWeb does not own a license within its vast array of licenses, it is your responsibility to cover the cost and renewal (if applicable) of the license which will be discussed prior to the purchase of the license.
By using the spread the cost payment option, you acknowledge that you do not own the website until the final payment has been made and that the website must remain hosted with WeMakeWeb until the final payment has been completed.

Fair Usage Policy

To ensure fair usage of WeMakeWeb’s services for all clients, the following limits and restrictions apply:

Email Limits: WeMakeWeb reserves the right to limit the number of emails sent via our email services to prevent spam and ensure fair usage across our client base. Excessive use of email resources may result in a temporary suspension of email services. If you require a higher email sending limit, please contact us to discuss upgrading your plan.
Resource Limiting: WeMakeWeb may impose limits on certain resources (e.g., bandwidth, storage, processing power) to ensure that no single client monopolizes these resources, affecting the service quality for other clients. If your usage exceeds the allocated resources, WeMakeWeb may contact you to discuss upgrading your plan or may limit your resource usage to ensure fair access for all clients.

Illegal Content and Activities

WeMakeWeb maintains a zero-tolerance policy regarding illegal content and activities conducted through our services:

Prohibited Content: Hosting, distributing, or transmitting illegal content, including but not limited to content that violates copyright laws, promotes violence, or contains harmful or malicious software, is strictly forbidden.
Illegal Email Usage: The use of WeMakeWeb’s email services to send illegal emails, such as those involving spam, phishing, or other harmful activities, is prohibited.
Service Suspension:Should WeMakeWeb discover or be informed of any illegal content or activities associated with your account, we reserve the right to immediately suspend or terminate the affected services without prior notice.
Reporting: WeMakeWeb reserves the right to report any illegal activities to the appropriate authorities and provide necessary information as required by law.

Refunds

We do offer refunds on occasion.

Full Refund: In cases where the project has not been started, we will provide a full refund of the amount paid bar the initial deposit.
Partial Refund: If you feel the work produced does not meet your initial brief, a partial refund may be given, which will be the amount paid minus any expenses already incurred.
No Refund: If the website has been approved and completed, no refund is payable.

Once a refund has been requested, you agree that:

You will not use any work supplied by WeMakeWeb unless stated otherwise.

Limitation of Liability of WeMakeWeb

WeMakeWeb excludes liability for:

Any loss of data, corruption of data, hardware, or software malfunction.
Any loss of data, corruption of data, hardware, or software malfunction caused by a third-party plugin, or an email you receive from a third party via our email system.
Any financial consequences or indirect consequences you may suffer should an outage or technical issue occur.
Infringement of copyright law arising from any text or images used on your site. At the time of creation, WeMakeWeb will perform the necessary checks to ensure your content is copyright-free.
Changes to content made on your website after our services are completed.
Third-party plugin cost increases.
Expiration of domains purchased by the Client resulting in loss of service.
Changes in the search algorithm which may affect your ranking.
Changes in ranking due to a client’s change on their website.
WeMakeWeb shall not be liable to you or be deemed in breach of these terms and conditions by reason of any delay in performing its services if the delay or failure was due to any cause beyond its reasonable control, including but not limited to:

Act of God, explosion, flood, tempest, fire, or accident.
War or threat of war, sabotage, insurrection, civil disturbance, or requisitions.
Acts, restrictions, by-laws, prohibitions, or measures of any kind on the governmental, parliamentary, or local authority.
Strikes, lockouts, or other industrial actions or trade disputes (whether involving our employees or those of a third party).
Power or equipment failure (including system outages).
Website security.

Any issues that arise from security vulnerabilities, unauthorized access, malware, phishing attacks, or other cyber threats.
Any repercussions that occur should a business be unregistered with either the ICO (Information Commissioner’s Office) or the Government.

In the event of any liability falling on WeMakeWeb that has not been excluded, its maximum liability for any one claim or for the total of all claims arising from any one act is the total amount you have paid within the last 3 months. Should a liability be found, WeMakeWeb reserves the right to refuse service/cancel any existing active services.

Termination of Your Contract

WeMakeWeb may terminate your contract at any time by written notice in the event of any of the following:

You breach any of these conditions or conditions specified in any documents or policies issued by WeMakeWeb.
You fail to pay any outstanding fees.
You have given any false or misleading information to WeMakeWeb, whether directly or indirectly.
Any of the instances set out in the Physical or Verbal Abuse section of this document occur.

Should WeMakeWeb terminate your contract at any point, it shall not be responsible to make any refund of any amount previously paid by you.

Physical or Verbal Abuse

WeMakeWeb will not tolerate verbal or physical abuse of its employees or contractors.

Any such incident of abuse may lead to:

A prevention in taking out additional services.
In cases which WeMakeWeb, at its sole discretion, considers to be serious or in repeat cases of physical or verbal abuse, ongoing services may be terminated.

WeMakeWeb also reserves the right to report instances of verbal or physical abuse to crime prevention agencies and the police.

Intellectual Property

All intellectual property rights in the work created by WeMakeWeb will remain with WeMakeWeb until full payment has been received. Once payment is completed, the rights will transfer to you.

Modification of Terms

WeMakeWeb reserves the right to modify these terms and conditions at any time. We will notify you of any changes by posting the new terms and conditions on our website. Your continued use of our services after such changes constitutes your acceptance of the new terms and conditions.