Effective Date: [Insert Date]
These Terms and Conditions (“Terms”) govern all agreements and interactions between Red Telephone Box Productions (“we,” “us,” “our”) and our clients (“you,” “your,” “the Client”) in connection with website hosting, website design, website maintenance, and related digital services.
By commissioning our services, signing a proposal, or using our hosting and design services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1. Definitions
For the purposes of these Terms:
- “Services” means any website hosting, website design, maintenance, consultancy, or related services we provide to you.
- “Deliverables” means the final work product, such as completed websites, graphics, code, or other materials.
- “Project” refers to the specific scope of work agreed upon in writing.
- “Force Majeure Event” means any event beyond our reasonable control, including but not limited to natural disasters, server failures, strikes, cyber-attacks, government action, or internet outages.
2. Scope of Services
2.1 We will provide the Services as described in your written agreement, proposal, or invoice.
2.2 Any changes to the agreed scope must be confirmed in writing and may result in revised timelines and/or additional fees.
2.3 We reserve the right to refuse or discontinue Services if, in our reasonable opinion, a Project is unlawful, unsafe, or likely to damage our reputation.
3. Client Obligations
3.1 You must provide all required content, data, branding materials, imagery, and written text in a timely and usable format.
3.2 You are responsible for ensuring all content you supply is:
- Accurate, lawful, and non-defamatory
- Free from viruses or malicious code
- Licensed for use in the Project (with written evidence if requested)
3.3 You agree to review Deliverables promptly and provide feedback within agreed timelines. Delays in providing feedback or materials may result in project delays.
3.4 You are responsible for backing up any materials you supply to us.
4. Fees, Invoicing, and Payment
4.1 All fees are specified in your proposal, contract, or invoice and are exclusive of VAT unless stated otherwise.
4.2 Payment is due within 14 calendar days of the invoice date unless otherwise agreed in writing.
4.3 Hosting services must be paid in advance for the agreed term (e.g., monthly, quarterly, annually).
4.4 We reserve the right to suspend work or hosting services if payment is not received by the due date.
4.5 Late payments may incur interest at 10% per month or the statutory maximum, whichever is lower, plus any costs incurred in recovering the debt.
5. Hosting Services
5.1 We will use reasonable care and skill to provide reliable hosting services and target 99% uptime each calendar month, excluding planned maintenance and Force Majeure Events.
5.2 We may perform planned maintenance outside of standard business hours, with reasonable notice where possible.
5.3 You must not use hosting services for:
- Distribution of malware or illegal content
- Spamming or unsolicited mass emails
- Activities that cause disruption or excessive resource use on our servers
5.4 We reserve the right to suspend or terminate hosting without prior notice if you breach these obligations.
6. Website Design & Development
6.1 We will deliver the website or other Deliverables in accordance with the agreed scope, specifications, and timelines.
6.2 Unless otherwise stated, the Project includes 2 rounds of design revisions. Further revisions are billable at our standard hourly rate.
6.3 We are not responsible for content errors, outdated information, or broken links unless a separate maintenance agreement is in place.
6.4 Testing will be carried out on modern versions of major web browsers. Compatibility with older or obscure browsers may require additional work at extra cost.
7. Intellectual Property Rights
7.1 We retain ownership of all intellectual property, source code, and design assets until full payment is received.
7.2 Upon full payment, you are granted a non-exclusive, perpetual, and non-transferable licence to use the Deliverables for their intended purpose.
7.3 Any third-party stock images, fonts, plugins, or licensed software used in the Project remain the property of their respective owners and are subject to their own licence terms.
7.4 We may reuse general design concepts, code snippets, and development tools created during your Project in other work, provided this does not disclose confidential information.
8. Warranties and Limitations
8.1 We warrant that we will perform the Services with reasonable care and skill.
8.2 We do not warrant that:
- The Services will be uninterrupted or error-free
- The Deliverables will be immune from hacking or cyber-attacks
- Any website we build will achieve specific business outcomes (e.g., sales, rankings)
8.3 Our total liability in respect of any claim shall not exceed the total fees paid by you to us for the Service in question during the preceding 12 months.
8.4 We are not liable for indirect, incidental, or consequential losses.
9. Data Protection & Privacy
9.1 Both parties agree to comply with all applicable data protection laws, including the UK GDPR where applicable.
9.2 We will process personal data only in accordance with our Privacy Policy.
9.3 You are responsible for ensuring your website’s compliance with data protection laws, including having an appropriate privacy policy and cookie notice.
10. Confidentiality
10.1 Both parties agree to keep confidential all business, technical, and financial information disclosed during the Project.
10.2 This obligation does not apply to information already in the public domain or required to be disclosed by law.
11. Termination
11.1 Either party may terminate the agreement with 30 days’ written notice.
11.2 We may terminate immediately if you:
- Fail to make payment when due
- Breach these Terms and fail to remedy the breach within 7 days of notice
- Engage in illegal activities using our Services
11.3 Upon termination, all outstanding fees become immediately due and payable.
12. Force Majeure
We are not liable for any delay or failure to perform our obligations due to events beyond our reasonable control.
13. Governing Law & Dispute Resolution
13.1 These Terms are governed by the laws of the United Kingdom.
13.2 Any disputes will first be attempted to be resolved through good-faith negotiations. If unresolved, they shall be submitted to the exclusive jurisdiction of the courts in the United Kingdom.
14. Amendments to These Terms
14.1 We may update these Terms from time to time.
14.2 Updated Terms will be posted on our website and apply to new and ongoing Services from the date of posting.
Contact Details
Red Telephone Box Productions
25 Winchester Street, Overton, Hampshire, RG25 3HR
rob@rtbproductions.co.uk
07722 085656