Terms & Conditions.

These Terms and Conditions (“Terms”) set out the basis on which Swift Web Design provides web design, development, hosting and related digital services to our clients and the terms on which you may use our website.

By using our website or instructing us to provide any services, you agree to be bound by these Terms.

1. About us

1.1 Swift Web Design (“Swift Web Design”, “we”, “us”, “our”) is a partnership established in England.

1.2 Our correspondence address is:

Swift Web Design
Office 11538
182–184 High Street North
East Ham
London
E6 2JA
United Kingdom

1.3 Swift Web Design is the trading name of Joshua Horton and Harry Johnson, who trade in partnership. Legal documents can be served on us at the address in clause 1.2.

1.4 We are not currently VAT-registered, so UK VAT is not charged on our fees at the time of publication of these Terms. If that changes, we will update these Terms and notify clients where required.

1.5 You can contact us by email at info@swiftwebdesign.co.uk, by phone on +44 7366 102126, or using the details on our website’s Contact page.

1.6 Swift Web Design holds professional indemnity insurance, cyber and data insurance, and legal expenses insurance. Further details of our coverage can be provided to clients upon request.

2. Definitions

In these Terms:

• “Client”, “you”, “your” means the person, business or organisation purchasing services from us.
• “Contract” means the agreement between you and us for the supply of services, comprised of these Terms, any proposal or quotation we issue, and any other document we expressly agree forms part of the agreement.
• “Services” means web design, development, hosting, support, maintenance, consultancy and any other services we agree in writing to provide.
• “Deliverables” means websites, designs, code, graphics, documents and other outputs we create for you under the Contract.
• “Working Day” means Monday to Friday, excluding UK public holidays in England and Wales.

3. When these Terms apply

3.1 These Terms apply to all agreements between Swift Web Design and the Client. Any terms proposed by you that are inconsistent with or in addition to these Terms will not apply unless we expressly agree to them in writing.

3.2 By accepting a proposal, paying an invoice, sending written confirmation to proceed, or otherwise instructing us to begin work, you accept these Terms.

3.3 We may update these Terms from time to time. The version in force when you accept a proposal or place an order will apply to that particular Contract.

4. Proposals, quotations and orders

4.1 Any proposal or quotation we provide is an invitation to treat only and is not legally binding until you accept it and we confirm acceptance.

4.2 Proposals and quotations are typically valid for 30 days from the date of issue, unless we state otherwise. After that period, we may need to review and update them.

4.3 The scope of work is defined by the combination of:

• the proposal or quotation;
• any agreed specification or sitemap; and
• any written clarifications we confirm by email.

4.4 If there is any conflict between documents, the following order of priority applies (highest first):

1. Any specific written variation agreed between us;
2. The proposal or quotation;
3. These Terms.

5. Scope of work, revisions and changes (change control)

5.1 Our fees are based on the agreed scope of work. Unless stated otherwise in the proposal:

• Website builds include 5 rounds of revisions at no extra cost. Further rounds beyond that are billed at a discount off our standard Pay-As-You-Go rate, shown on our pricing page.
• Branding services (logo, brand guidelines and similar) have their own revision counts, which vary by service and are listed on our pricing page.
• A “revision” means adjustments to the existing design or content, not a completely new concept.

5.2 Requests that fall outside the agreed scope – including additional functionality, pages, integrations, complex content migration, or further design concepts – will be treated as change requests and may incur additional fees.

5.3 We will always tell you in advance if a requested change is likely to increase the price or alter timescales, and will not proceed with chargeable changes without your approval.

5.4 If you ask for something outside the agreed scope, we will confirm in writing what it involves, what it will cost, and how it affects your delivery date, before any of it is charged. Work on a change request starts once you approve that in writing. Until then we carry on with the originally agreed scope so the project keeps moving.

5.5 Where timeframes are discussed, they are estimates only. We will act reasonably to meet them, but we are not responsible for delays caused by:

• your late provision of content, feedback or approvals;
• delays caused by third parties (e.g. hosts, registrars, plugin authors); or
• events beyond our reasonable control (see Force Majeure below).

5.6 Any delivery date we give assumes you supply the content, assets, feedback and approvals we ask for by the dates we agree together. If something we need is still outstanding after 10 working days, we may pause your project and restart it at the next available slot in our schedule. We will always warn you before that happens, and there is no restart fee the first time a project is paused.

6. Client responsibilities

6.1 You are responsible for:

a. Content and materials

Providing all text, images, logos, branding assets and other materials needed for the project in a timely manner and in suitable formats.

b. Permissions and rights

Ensuring you have obtained all necessary permissions, licences and rights to use any content you supply (including fonts, images, logos, videos, copy, and any third-party materials), and that using them will not infringe the rights of any third party.

c. Accuracy and compliance

Ensuring that all information you provide for your website is accurate and complies with all applicable laws and regulations relevant to your business or sector (for example, advertising rules, financial promotions, medical claims, or professional regulations).

d. Approvals

Reviewing proofs, test links and drafts carefully and giving feedback and approvals within the timeframes we reasonably request.

6.2 We may rely on your approvals (including approvals given by email) as confirmation that you are happy for us to proceed to the next stage. You are responsible for checking for any errors or omissions at each stage.

6.3 You agree not to use our Services or any Deliverables for any illegal or unlawful purpose.

7. Fees, deposits and payment terms

7.1 Our fees for Services will be set out in our proposal, quotation, invoice, or agreed email.

7.2 Unless otherwise agreed in writing, our standard payment structure for project work is:

• Deposit: a deposit of 20% of the total project fee, payable in advance to book your project slot and before we begin substantial work. It covers the time we reserve for you and our planning and set-up work. If you are a business and you cancel, we keep the deposit. We refund it if we cancel the project or fail to provide the Services as agreed. If you are a consumer, clause 17 applies; and
• Balance: the remaining balance payable on completion of the project and before the website is made live, or as otherwise set out in the proposal.

7.2A You may instead choose to pay the full project fee in one payment up front. If you do, 20% of that payment is the non-refundable deposit described above, and the remaining 80% is treated as a balance payment, including for refunds and cancellations under our Refund Policy. If you are a consumer, clause 17 applies to the whole payment.

7.3 Hosting, domain renewals and other recurring services are usually billed in advance for the period stated (for example, monthly or annually) if not included with another package.

7.4 Invoices are payable within 14 days of the invoice date, unless stated otherwise. Payment details will be shown on each invoice.

7.5 If an invoice is still unpaid 14 days after the due date, and we have sent you a written warning, we may, without prejudice to any other rights:

• suspend or cease work on your project;
• take your website or hosting offline (we keep your files, so it can go back up once you have paid); and/or
• withhold Deliverables, files and login details until payment is received.

7.6 If you are a business and an invoice is paid late, we may charge interest at 8% a year above the Bank of England base rate from the day after the due date until payment, plus the fixed sum set by the Late Payment of Commercial Debts (Interest) Act 1998 (£40, £70 or £100, depending on the size of the invoice) and our reasonable costs of recovering the debt. These charges apply to business clients only.

7.7 You are responsible for any bank charges, currency conversion fees or other fees incurred in making payment.

7.8 All fees are in pounds sterling (GBP) unless we state otherwise.

8. Domains, hosting and email

(This section applies where we register, manage or host domains or websites for you.)

8.1 Domains

8.1.1 We can assist with domain name registration or management. Unless otherwise agreed in writing:

• Domains purchased on your behalf are registered in your name or your business’s name where possible;
• You are ultimately responsible for renewing your domain(s) before expiry.

8.1.2 We will normally send a reminder one month before renewal is due, giving you that month to pay the renewal cost, but it is your responsibility to ensure that renewal fees are paid in good time. If payment is not received in time, the domain will not be renewed and may become available to others. We are not liable if a domain lapses or is lost because renewal instructions or payment were not received in time.

8.1.3 If you choose to transfer a domain away from us, we will co-operate with the transfer within reasonable timescales. We may charge a reasonable administration fee for handling transfers.

8.2 Hosting

8.2.1 Where we provide hosting, this will be through a third-party hosting provider chosen by us. While we select reputable providers, we cannot guarantee 100% uptime or uninterrupted service.

8.2.2 Hosting fees typically include server space and access but may not include:

• email services;
• advanced security services;
• complex server-side changes; or
• significant development or troubleshooting work.

8.2.3 Any work outside the standard hosting plan (for example, major troubleshooting, performance work, complex migrations or emergency recovery caused by third-party changes) may be charged at our then-current hourly or fixed rates.

8.2.4 We may suspend hosting or take your website offline (temporarily or permanently) if:

• an invoice is still unpaid 14 days after the due date, after a written warning;
• we reasonably believe your site is being used for unlawful or harmful purposes; or
• necessary for urgent security or maintenance work.

We will give you as much notice as reasonably possible, except in an emergency.

8.3 Moving away from our hosting

8.3.1 You are free to move your website to another host at any time, provided all outstanding invoices have been paid. Clause 9.5 explains how to end hosting or a Plus plan.

8.3.2 We can provide a copy of your website files and/or database where applicable. Any time spent packaging, assisting with or performing the migration may be chargeable.

9. Support and maintenance

9.1 Any ongoing support or maintenance (for example, updates, small content changes, backups) will be described in your plan or proposal.

9.2 Unless you are on a defined support or maintenance plan, our obligation to provide support after launch is limited to fixing genuine bugs in the work we have produced that are reported to us within a reasonable period (for example, 30 days) of launch. If you are a consumer, this does not affect your legal rights.

9.3 Support does not normally include:

• new features or functionality;
• significant redesigns;
• third-party software conflicts caused by changes or plugins added after launch without our involvement; or
• issues caused by you or a third party editing or modifying the site.

9.4 We will normally respond to support requests during our usual working hours and within reasonable timescales. We do not offer an emergency or 24/7 response service unless expressly agreed in writing. Where out-of-hours support is agreed, it is charged at our Out-of-Hours Support Rate of £80 per hour, and it is not offered on 24 to 26 December or 31 December to 1 January.

9.5 Plus plans and hosting

9.5.1 Monthly Plus plans (Web+, Content+, SEO+ and SWD+) run for a 2-month minimum term, then roll on month to month. Hosting on its own runs month to month. Both are billed monthly in advance.

9.5.2 Annual Plus plans run for 12 months from your start date and are paid in advance. They renew for another 12 months unless you cancel before the renewal date. We email you at least 30 days before an annual plan renews, and you can switch to monthly or cancel before the renewal date.

9.5.3 To end a monthly plan or hosting, email us at info@swiftwebdesign.co.uk at least 1 week before your next billing date. A monthly Plus plan can end once its 2-month minimum term is over. We can end a plan or hosting by giving you at least 30 days’ notice.

9.5.4 When a plan or hosting ends, hosting and any monthly allowance stop at the end of the period you have paid for. Anything already agreed and in progress is still finished or handed over. If we host your website, we keep it online until then and, if you ask, give you a copy of your files under clause 8.3 so you can move it. After that we take the website offline and may delete our copy, so ask for your files before the plan ends.

9.5.5 We may change our Plus or hosting prices by giving you at least 30 days’ notice. If a change is to your disadvantage, you can cancel before it takes effect without charge, even during a minimum term. If you are a consumer, a price rise applies to you only if you agree to it in writing. If you don’t agree, you keep paying the old price until you end the plan, or we end it by giving you 30 days’ notice.

10. Intellectual property

10.1 Our rights before payment

10.1.1 Unless otherwise agreed in writing, we retain all intellectual property rights (including copyright and database rights) in all Deliverables, designs, layouts, code and materials we create until you have paid in full for the relevant Services and the website is live.

10.1.2 Until then, you are granted a limited, revocable licence to use any test or development versions of the Deliverables solely for review and testing. You may not publish, share, sell, sub-license or transfer them.

10.2 Rights once paid in full and live

10.2.1 Once you have paid in full for a project and the website is live, and subject to these Terms, we assign to you the copyright in the design, content and code we created specifically for your project, and you own the finished website. We will send you a short signed confirmation of this assignment when the website goes live.

10.2.1A We keep the rights in our own pre-existing tools, code libraries, frameworks and templates, and in third-party and open-source components. We give you a permanent, free licence to use them as part of your website, so you can move, edit or rebuild your site with anyone you choose.

10.2.2 You acknowledge that modern websites commonly include open-source software and third-party components, which are used under their own licences and cannot be transferred or assigned by us.

10.3 What we keep

10.3.1 We retain:

• all rights to our pre-existing materials, tools, code libraries, frameworks, templates, scripts and processes;
• the right to reuse non-client-specific parts of our work for other projects; and
• the right to reference our work for you in our portfolio, case studies and marketing materials, including screenshots, unless you specifically ask us not to (for example, for confidential projects).

10.3.2 We add a small “Website by Swift Web Design” credit and link to your website’s footer. If you would rather not have it, we will remove it, or leave it off from the start, for a one-off fee of £10. Otherwise the credit stays in place.

10.4 Third-party rights

10.4.1 You confirm that you have obtained all necessary permissions and licences for any materials you supply. If a third party brings a claim alleging that content you provided infringes their rights, you will be responsible for dealing with that claim and for any losses we suffer as a result.

11. Third-party services, plugins and SEO

11.1 Our Services may involve integrating third-party tools and services such as:

• plugins, themes and extensions;
• analytics tools;
• payment gateways;
• fonts and icon sets;
• email marketing or CRM systems; or
• external APIs and scripts.

11.2 These services are subject to their own terms and conditions and privacy policies, which you are responsible for reviewing and complying with.

11.3 We cannot guarantee the availability, pricing, performance or continued operation of any third-party service. If a third-party service changes, is withdrawn, or introduces issues, we are not responsible for resulting disruption, but we will assist you in finding alternatives and implementing changes as a chargeable service.

11.4 We may carry out basic search engine optimisation (SEO) best practice as described in your proposal. However, we do not guarantee any particular search engine ranking, position, traffic level or business outcome.

12. Data protection and data processing

12.1 Both parties will comply with applicable data protection law, including the UK GDPR and the Data Protection Act 2018, in relation to any personal data processed under the Contract.

12.2 Typically:

• you are the data controller for personal data collected through your website and related services; and
• we act as your data processor when we host, maintain or access that data on your behalf.

12.3 Our obligations as a processor

When acting as a processor, we will:

1. Only process personal data in accordance with your documented instructions (including those set out in these Terms and any related agreement), unless required to do otherwise by law.
2. Take appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction or damage.
3. Ensure that persons authorised to process personal data are subject to appropriate confidentiality obligations.
4. Only engage sub-processors (for example, hosting providers, backup services or email delivery services) under a written contract which imposes similar data protection obligations; and remain responsible for their performance.
5. Notify you without undue delay if we become aware of a personal data breach affecting your data, and provide reasonable assistance with investigations and notifications, at your cost where appropriate.
6. Provide reasonable assistance (at your cost, where appropriate) to help you respond to data subject requests and comply with data protection impact assessments where the Services reasonably require it.
7. On termination of the Contract, at your choice, delete or return personal data we hold on your behalf and delete existing copies, within reasonable timescales, unless the law requires us to keep it.

12.4 Further details of how we handle personal data are set out in our Privacy Policy, which forms part of these Terms.

12.5 Data processing for your website

When we act as your processor (clause 12.2), these details also apply:

• What and how long: we host, maintain, back up and support your website and its forms, for as long as we provide those Services. This means storing, backing up and sending the data, and technical support.
• The data and the people: contact details, messages and other information that your website’s visitors, customers, enquirers or staff submit through it, plus your website’s user accounts and logs.
• Your instructions: we act only on your documented instructions (these Terms and your written requests), including about transfers outside the UK, unless the law requires otherwise. If it does, we will tell you first unless the law forbids it. We will tell you straight away if we think an instruction breaks data protection law.
• Sub-processors: you give general written authorisation for us to use AlwaysHosting (UK) for hosting and backups. Your website’s forms send enquiries straight to your own email provider, which you choose and pay for yourself, so it is not our sub-processor. We will tell you at least 14 days before adding or replacing one, and you can object. If we can’t resolve your objection, you can end the affected Services without penalty. Each sub-processor is bound by written terms giving the same protection, and we remain responsible for them.
• Help: taking into account the nature of the processing, we will help you meet your duties under UK GDPR Articles 32 to 36 (security, telling the Information Commission and individuals about breaches, impact assessments and consulting the regulator) and respond to requests from individuals.
• Information and audits: we will give you the information you need to show we meet this clause, and allow and contribute to reasonable audits by you or an auditor you appoint, on reasonable notice.

13. Acceptable use and content standards

13.1 You must not use our Services or any Deliverables to:

• break any law or regulation;
• distribute malware, viruses or other harmful code;
• send unsolicited bulk emails or spam;
• promote hate, violence, discrimination, or illegal activities;
• publish unlawful, defamatory, obscene or infringing content; or
• infringe the rights of any other person or organisation;
• engage in resource-intensive activities that degrade server performance or reputation, such as cryptocurrency mining, unauthorised scraping, or hosting malicious scripts.

13.2 If we reasonably believe that your website or content breaches this clause, we may:

• suspend or remove the offending content;
• temporarily suspend hosting or Services; or
• in serious cases, terminate the Contract (see Termination).

We will, where lawful and reasonably possible, inform you of the issue and give you an opportunity to resolve it.

14. Warranties and disclaimers

14.1 We warrant that we will provide the Services with reasonable care and skill, using appropriately skilled personnel.

14.2 If you are a business, all other warranties, conditions and terms implied by law are excluded as far as the law allows. If you are a consumer, nothing in these Terms affects your legal rights, including your right to services carried out with reasonable care and skill, as described, for a reasonable price and within a reasonable time.

14.3 You acknowledge that:

• technology evolves quickly, and no website can be guaranteed to be error-free or secure against all threats;
• browser behaviour and device compatibility change over time;
• third-party software (plugins, themes, platforms) may introduce issues when updated.

14.4 We do not warrant that any website or service will be:

• continuously available or free from interruptions;
• compatible with every device or browser version;
• free from all vulnerabilities; or
• successful in achieving any particular business result.

14.5 We may use software tools, including AI-assisted tools, to help with code and drafted written content. Everything is reviewed and refined by us before it goes into your project. We do not use AI image generation tools to create any branding material.

15. Limitation of liability

15.1 Nothing in these Terms limits or excludes either party’s liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any other liability which cannot lawfully be limited or excluded.

15.2 Subject to clause 15.1, we will not be liable for:

• loss of profit, revenue, sales or anticipated savings;
• loss or corruption of data, except where we have agreed to back up your website (for example on a Plus plan), in which case our responsibility is to restore it from our most recent backup at no charge;
• loss of business, contracts, opportunities or goodwill;
• any indirect or consequential loss or damage; or
• any loss arising from your failure to keep security credentials (such as passwords) confidential.

If you are a consumer, clause 15.2 does not affect your legal rights.

15.3 Subject to clauses 15.1 and 15.2, if you are a business, our total aggregate liability arising under or in connection with any Contract (whether in contract, tort, negligence or otherwise) will not exceed the greater of the total fees paid or payable by you to us under that Contract and £100,000.

15.4 If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or failing to use reasonable care and skill. We are not responsible for business losses. Nothing in this clause limits your legal rights as a consumer.

16. Term and termination

16.1 A Contract between us is made when you sign our agreement electronically, or when you accept our proposal in writing and we confirm by email. It continues until the Services are completed, or the Contract is terminated in accordance with this clause.

16.1A To sign online, open the link we email you, enter the 6-digit code we send you, read the agreement, type your name, choose whether you are buying for your business or yourself, tick the box and press the button (“Sign agreement”, or “Sign and agree to pay” if you are buying as a private individual). Until you press it, you can change anything you have entered. If something in the agreement itself is wrong, don’t sign: email us and we will send a corrected one. We keep the signed agreement and email you a copy, and you can download it from the same link at any time. Agreements are in English.

16.2 Either party may terminate a Contract on written notice if the other party:

• commits a material breach of the Contract which is not remedied within 14 days of written notice requiring it to be remedied; or
• becomes insolvent, enters bankruptcy or similar proceedings.

16.3 We may terminate or suspend a Contract immediately if:

• an invoice is still unpaid 14 days after the due date, after a written warning;
• your use of the Services breaches our acceptable use standards or is unlawful; or
• continuing to provide the Services would mean hosting or publishing unlawful content, or would expose us to a real risk of legal action.

16.4 On termination for any reason:

• all sums you owe us become immediately due and payable;
• your right to use our Services (including hosting) ends;
• we may take down any websites hosted by us on your behalf; and
• we will, on request and subject to payment of all outstanding fees and any agreed migration fees, provide reasonable assistance in handing over files or data.

16.5 Termination does not affect any rights or obligations which have accrued up to the date of termination.

17. Consumers and the 14-day cancellation period

(This clause applies only if you are a consumer, meaning you are buying for yourself and not for a business.)

17.1 If you agree a Contract with us online, by email, by phone or by signing electronically, you can cancel it within 14 days without giving a reason. The 14 days start the day after the Contract is made.

17.2 Our websites and designs are made to order for you, but the law treats them as a service, so the 14 days still apply. We will not start work during the 14 days unless you ask us to. When you sign, you can tick a box asking us to start straight away.

17.3 If you asked us to start straight away and then cancel within the 14 days, you pay only a fair share of the total price for the work done up to the time you tell us. We refund everything else, including any deposit, within 14 days of the day you tell us, using the same payment method you used.

17.4 If you asked us to start straight away and we finish the work within the 14 days, you can no longer cancel once it is complete.

17.5 To cancel, tell us clearly, for example by email to info@swiftwebdesign.co.uk or by post to the address in clause 1.2. You don’t need to give a reason or use particular words. You can use the form below, but you don’t have to.

17.6 Clauses 7.2 and 7.2A and the deposit and design-approval rules in our Refund Policy do not reduce your rights under this clause. Your other legal rights as a consumer are not affected by these Terms.

17.7 If you are a consumer and you cancel after the 14 days, you pay for the work done and costs we have already committed to (such as third-party licences) up to the time you tell us, and we refund anything you have paid above that, including any unused part of the deposit.

18. Force majeure

18.1 We are not liable for any failure or delay in performing our obligations under a Contract where that failure or delay is caused by events beyond our reasonable control, including but not limited to:

• power or internet failures;
• failures or outages of third-party hosting providers;
• strikes, lock-outs or other industrial disputes;
• acts of God, natural disasters, epidemics or pandemics;
• war, terrorism, riots or civil commotion; or
• actions of government or regulatory authorities.

18.2 If such an event continues for more than 30 days, either party may terminate the affected Contract by written notice.

19. General

19.1 Governing law and jurisdiction

These Terms and any Contract between us are governed by the laws of England and Wales, and the courts of England and Wales will have exclusive jurisdiction, except that consumers may also bring claims in their local courts where mandatory consumer law allows.

19.2 Entire agreement

Each Contract, together with these Terms and any documents expressly referred to in them, constitutes the entire agreement between us and supersedes all previous discussions, correspondence or understandings. If you are a consumer, this does not affect your legal rights, including your right to rely on what we told you about our services.

19.3 Assignment and subcontracting

You may not assign or transfer your rights or obligations under a Contract without our prior written consent. We may assign or subcontract our rights and obligations, provided that this does not materially adversely affect your rights.

19.4 Third-party rights

Unless expressly stated, nothing in these Terms is intended to confer any benefit on any person who is not a party to the Contract, and no third party has any rights to enforce any term of the Contract.

19.5 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

19.6 No waiver

If either party fails to enforce any right or remedy under these Terms, that failure does not waive the right or remedy and does not prevent it from being enforced later.

19.7 Variation

Any variation to these Terms for a specific Contract must be agreed in writing by both parties.

20. Contact

If you have any questions about these Terms or how they apply to you, please contact us using the details on our website’s Contact page.

If a concern is about a refund or cancellation specifically, our Refund Policy sets out how we handle these, including where consumers can get free independent advice if we can’t resolve things between us.

If you have a complaint, email info@swiftwebdesign.co.uk. We’ll acknowledge it within 5 working days and aim to give you a full reply within 14 days. We’re not a member of an alternative dispute resolution scheme.

We encourage you to review this page occasionally to stay informed.