We may make changes to these Terms of Use from time to time and may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Website.
This policy sets out the Terms and Conditions for all projects and services launched with us. Please read the following carefully to understand your contractual rights, terms, and obligations.
Definitions
In these Terms:
“Client”, “you” or “your” means the person or organisation ordering our services.
“We” means FreeWebsiteBuild.co.uk
“Services” means website design, website development, setup, configuration, hosting, maintenance or related services we agree to provide.
“Project” means bespoke, customised services described in our quotation, proposal or order confirmation.
“Third-Party Services” means services, software, platforms, plugins, hosting, domains, payment providers, fonts, stock assets or other products supplied by someone else.
Information about us
1. We are FreeWebsiteBuild.co.uk and operate the website freewebsitebuild.co.uk.
2. Contracts for the purchase of Services through our Website will be governed by the law of England & Wales. Any dispute arising from, or related to the Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between Launch For Free and the Customer.
Forming a contract
1. A contract is formed when you:
accept our quotation or proposal in writing;
place an order through our website;
pay an applicable deposit or fee; or
otherwise instruct us to begin work.
2. If there is a conflict between these Terms and a project-specific quotation or proposal, the project-specific document will take priority for that Project.
3. We may decline an order where we reasonably believe the requested content would be unlawful, misleading, harmful or likely to infringe someone else’s rights.
4. Certain Services may be subject to additional or service-specific documents, including hosting terms, service level agreements, acceptable-use policies, domain registration terms, data-processing agreements or support terms (“Additional Terms”).
5. Where applicable, we will provide or make the Additional Terms available to you before you order or use the relevant Service. By ordering or continuing to use that Service, you agree that the applicable Additional Terms form part of our agreement with you.
6. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will take priority only in relation to the specific Service they cover and only to the extent of the conflict.
7. We may update Additional Terms from time to time to reflect changes to our Services, suppliers or legal requirements. We will give you reasonable notice of any material change affecting an ongoing Service. If you do not accept a material change, you may cancel the affected Service by giving us written notice, subject to any applicable notice period or outstanding charges.
Your responsibilities
1. You must provide the information, text, images, branding, account access and other materials we reasonably need to provide Services to you.
2. You confirm that:
you own or have permission to use all materials you provide;
your content does not infringe copyright, trade marks, privacy rights or other rights;
your content is accurate and lawful; and
your website will comply with laws applicable to your business.
3. You are responsible for checking and approving all content, links, prices, contact details and functionality before services go live.
3. We are not responsible for delays caused by your failure to provide information, approvals or access on time. If a Project is delayed substantially for this reason, we may revise the delivery date or charge for additional work.
Our services
4.1 We will provide the Services described in your website brief, quotation, proposal, order confirmation or other written agreement.
4.3 Any additional work or features will be quoted separately and will require your approval before we begin.
4.4 We may use subcontractors or specialist suppliers to help provide the Services, but remain responsible for managing the Project.
License to Client Content
1. You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt and display any text, images, logos, videos or other materials you provide to us (“Client Content”) solely as necessary to design, build, host, maintain and support your website.
2. You confirm that you own or have obtained all necessary rights and permissions to use the Client Content and that its use by us will not infringe any third-party rights or applicable law.
3. The Customer will defend, indemnify and hold FreeWebsiteBuild.co.uk harmless against claims, anctions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising from or in connection to the Customer’s use of Services. This includes any claim or action where the Customer’s material infringes upon the intellectual rights of a third party.
3. We may share the Client Content with our hosting providers, subcontractors and service providers where reasonably necessary to provide the Services. This licence will continue for as long as we provide the Services and for a reasonable period afterwards to allow for backups, administration or the transfer of the website.
Timescales
1. We will use reasonable efforts to meet any estimated timescales, but dates are estimates unless we expressly agree a fixed deadline in writing.
2. We may refuse to provide Services until you supplied required access, content, or paid all applicable invoices.
Fees and payment
1. The costs of Services or Projects will be stated in our quotation, proposal or order confirmation.
2. Unless otherwise agreed:
invoices are payable within 7 days;
we may pause work if an invoice is overdue; and
we may charge interest on late business-to-business payments as permitted by law.
3. You may not withhold an undisputed payment because of a separate issue or disagreement.
Third-party services
1. Services we provide may depend on services provided by a third-party. Those services are subject to the relevant provider’s terms and privacy policies.
2. We are not responsible for a third party’s:
outage or service interruption;
price increase or policy change;
loss of data;
security incident;
withdrawal of a feature; or
failure to provide its service.
3. You are responsible for maintaining subscriptions and payment details for Third-Party Services registered in your name.
4. We do not guarantee that any website, plugin, integration or external service will remain available or compatible indefinitely.
If you are a consumer
This section applies only if you are a consumer. A consumer is an individual acting wholly or mainly outside their trade, business, craft or profession.
1. If you enter into a distance contract with us, you may generally cancel within 14 days after the contract is made, without giving a reason.
2. You may ask us to start the Services during that 14-day period. If you do so, you expressly request that we begin early. If you later cancel, you may have to pay a proportionate amount for the Services supplied up to cancellation.
3. If a service is fully performed during the cancellation period, your cancellation right ends only where:
you expressly asked us to begin during the cancellation period; and
you acknowledged that you would lose your cancellation right once the service was fully performed.
4. For digital content not supplied on a physical medium, your cancellation right may end when supply begins if you:
expressly consent to supply beginning during the cancellation period; and
acknowledge that you will lose your cancellation right when supply begins.
5. A bespoke website project does not automatically remove any statutory cancellation right. We will explain any applicable exception before the contract is formed.
6. To cancel, submit a ticket at my.freewebsitebuild.co.uk or email us at support@freewebsitebuild.co.uk with a clear statement that you wish to cancel.
7. We are not responsible for losses that are not foreseeable or that arise from your own actions, omissions or failure to follow our instructions.
Cancellation (Business)
This section applies only if you are a business customer. A business customer is an individual acting wholly or mainly inside their trade, business, craft or profession.
1. By ordering or using our Services, you confirm and warrant that you are acting wholly or mainly for the purposes of your trade, business, craft or profession, and not as a consumer.
2. As this is a business-to-business agreement, statutory consumer cancellation rights under the Consumer Contracts Regulations 2013 do not apply.
3. You may cancel the Services by giving us 14 days notice. Cancellation will not affect your liability for:
any fees or expenses incurred before the cancellation date;
any additional work already completed or authorised;
any outstanding hosting, domain or third-party service charges; or
any other amounts due under these Terms.
4. We may suspend or cancel the Services immediately if you fail to pay an amount due, provide unlawful content, misuse the Services, or otherwise materially breach these Terms. We may also cancel the Services by giving you notice at any time.
5. On cancellation, we may disable the website and hosting services on or after the effective cancellation date. Unless otherwise agreed in writing, we are not required to transfer, release or reproduce the website’s design, code or other materials for use with another provider.
6. Nothing in these Terms excludes or limits any rights that cannot legally be excluded or limited. If you are legally determined to be a consumer despite this confirmation, your statutory consumer rights will continue to apply.
7. Our total liability arising out of or in connection with a Project will not exceed 26 weeks of total payments made to us for services provided by us.
8. We will not be liable for:
loss of profit, sales, revenue or business;
loss of anticipated savings;
loss of contracts or opportunities;
loss or corruption of data where you failed to maintain suitable backups; or
indirect or consequential loss.
9. This section does not prevent either party from pursuing payment of sums properly due under the contract.
Timeframes
This section applies to all Services and Projects:
Within most circumstances, Services will be delivered to the Customer within the estimated timeline specified.
The timeframe included within the Proposal is an estimate, and may be delayed for reasons such as (but not limited to):
Where the scope of work changes
Where Services are added or removed from the Project
Where the Customer does not provide information, content, or material within a timely manner.
The Customer agrees that delays in requests for information, data, or material may result in changes to the estimated timeline.
Customer agrees to provide or procure the provision of information, data and material required for the purposes of fulfilling the Project in a timely manner.
Where information, data, or material is not provided in a timely manner, the Customer understands that the Project or Services may be delivered incomplete. Where this happens, the Customer is required to pay any remainder balance due as if the Project were completed.
Changes to this Agreement
We will notify the Customer of any changes to this Agreement via email.
Changes to this Agreement will be effective within 14 days of notification via email.
Unless the Customer informs FreeWebsiteBuild.co.uk of any objections to changes to the Agreement within 14 days, the Customer is deemed to accept the new Agreement.
Liability
FreeWebsiteBuild.co.uk does not provide legal advice, and communication between you and FreeWebsiteBuild.co.uk does not give rise to a solicitor/client relationship. Specialist legal advice should be taken in relation to your specific circumstances.
You agree that legal and regulatory requirements remain their responsibility.
FreeWebsiteBuild.co.uk shall not be liable for ensuring that there is not any material, data or information on the website which is illegal or unlawful, obscene, defamatory or otherwise infringes any third party rights whatsoever.
We do not monitor and will not have any liability for your material or any other communication the Customer transmits by virtue of Services provided by FreeWebsiteBuild.co.uk
Due to the public nature of the Internet, FreeWebsiteBuild.co.uk shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the internet or any network provider.
No guarantee or representation is given that Services will be free from security incidents or unauthorised users.
All conditions, terms, representations and warranties that are not expressly set out in this Agreement or supplemental documents are hereby expressly excluded.
FreeWebsiteBuild.co.uk does not exclude or limit liability:
for death or personal injury caused by negligence
under s.2(3) of the Consumer Protection Act 1987
for fraud or fraudulent misrepresentation
for any matter which it would be illegal for us to exclude, or attempt to exclude liability
FreeWebsiteBuild.co.uk will not be responsible for the following types of losses (whether direct, indirect, or consequential) and whether they are caused by negligence or otherwise:
loss of income or revenue,
loss of business,
loss of profits or contracts,
loss of anticipated savings,
loss of goodwill,
loss of software or data,
wasted expenditure, or
wasted management or office time.
Subject to this Agreement, the maximum aggregate liability of FreeWebsiteBuild.co.uk under, or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, shall not exceed 100% of the price the Customer has paid to Webfluencer Co for Services during 1 year preceding the event giving rise to the liability in question.
The Customer is advised to acquire business interruption insurance, or any other appropriate insurance, to protect their business in the event of interruption of Services.
Where any Services are provided via a third-party, the Customer shall be bound by the third-party’s terms and conditions. The Customer should consult such terms and conditions and obtain their own legal advice.
Events outside of our control
FreeWebsiteBuild.co.uk will not be liabble or responsible for any failure to perform, or delay in performance of any obligations under this Agreement that is caused by events outside their reasonable control (”Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of public or private telecommunications networks; and
the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under the Agreement will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
We are not responsible for delay or failure caused by events outside our reasonable control, including internet or hosting failures, cyber-attacks, illness, industrial disputes, government action, natural disasters or failures by third-party providers. We will notify you where reasonably possible and take reasonable steps to minimise the effect.
Severability
If any of these terms and conditions or any provisions of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Spam
FreeWebsiteBuild.co.uk does not tolerate the transmission of spam. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
Email Messages
Newsgroup postings
Windows system messages
Pop-up messages (aka "adware" or "spyware" messages)
Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
Online chat room advertisements
Guestbook or Website Forum postings
Facsimile Solicitations
Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number
If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any Service in connection with the Customer. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the Services are reactivataed.
We encourage all customers and recipients of email generated from our products and services to report suspected spam via contacting us.
Liquidated Damages. The Customer agrees that FreeWebsiteBuild.co.uk may immediately terminate any Account where it is believed, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of £1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Services.
Portfolio use
1. Unless you ask us not to in writing before the Project is completed, you allow us to identify you as a client and display screenshots or a link to the completed website in our portfolio, website and marketing materials.
2. We will not knowingly disclose confidential business information when doing so.
Website content and legal compliance
1. You are responsible for obtaining and maintaining any policies your website requires, including:
a privacy notice;
cookie notice or consent mechanism;
terms of sale;
accessibility information;
refund and cancellation information; and
sector-specific legal disclosures.
2. We can provide technical assistance with these items only where expressly included in the Project. We do not provide legal advice.
3. You are responsible for ensuring that the website, its content and its operation comply with laws and regulations applicable to your business.
Data protection
14.1 We will process personal data in accordance with applicable UK data protection law and our Privacy Policy, available at https://support.freewebsitebuild.co.uk/legal/privacy-policy
14.2 If we process personal data on your behalf as a data processor, the parties may need to enter into a separate data processing agreement.
14.3 You must not provide us with personal data unless you have a lawful basis to do so and are authorised to share it.
Confidentiality
Each party must keep confidential information received from the other party confidential and use it only for the purposes of the Project.
This obligation does not apply to information that:
is publicly available through no fault of the receiving party;
was already lawfully known;
is independently developed; or
must be disclosed by law or a court.
Suspension and termination
16.1 Either party may end the contract by written notice if the other party:
commits a serious breach and fails to remedy it within a reasonable period after being notified;
becomes insolvent or stops trading; or
engages in unlawful or abusive conduct.
16.2 We may suspend or terminate Services if you fail to pay an undisputed invoice, do not provide necessary information, or request unlawful work.
16.3 If the contract ends, you must pay for Services properly provided and approved additional work completed up to the termination date, subject to any applicable consumer cancellation or statutory rights.
16.4 Clauses concerning payment, intellectual property, confidentiality, liability and governing law will continue after termination where appropriate.
19. Complaints
If you have a complaint, please contact us at support@freewebsitebuild.co.uk
Please include:
your name and contact details;
the relevant Service, Product or Project;
details of the issue; and
the outcome you are seeking.
We will acknowledge your complaint within 14 working days and aim to respond substantively within 28 working days.
20. General
20.1 We may update these Terms for future Projects by publishing a new version on our website. The version in force when your contract was formed will apply to that Project unless we agree otherwise.
20.2 You may not transfer your contract to another person or business without our written consent.
20.3 If any provision is found to be invalid or unenforceable, the remaining provisions will continue in effect.
20.4 No failure or delay in enforcing a right means that we have waived that right.
20.5 These Terms and any documents referred to in them constitute the agreement between you and us concerning the relevant Project.
21. Governing law and jurisdiction
21.1 These Terms and any contract between you and us are governed by the law of England and Wales.
21.2 If you are a business, the courts of England and Wales will have exclusive jurisdiction over any dispute, unless we agree otherwise in writing.