Terms & Conditions

When you engage The Web Presence for any service, these Terms & Conditions — together with the written project proposal or service agreement issued to you — form the complete legal agreement between both parties. In the event of any conflict between these Terms and the proposal, the proposal takes precedence.

We reserve the right to assess and decline any project enquiry at our discretion prior to the commencement of work. An agreement is only formed once a proposal has been signed or a deposit has been received.

The exact deliverables, inclusions, and timeline for your project are defined in the written proposal or service agreement provided before work begins. Anything not explicitly listed in the agreed scope is considered out of scope.

If additional work is requested beyond the agreed scope, we will assess the request and issue a separate written quote. No out-of-scope work will begin until it has been formally agreed in writing and any required payment has been made.

Scope changes requested after a project phase has been completed and approved will be treated as new work and quoted accordingly. Requests to revisit or redo completed and accepted work fall outside the original agreement.

Work begins only after the deposit invoice has been paid and the payment has cleared. The project timeline outlined in the proposal is a good-faith estimate prepared based on information available at the time of proposal.

Timelines are not guaranteed and may be reasonably adjusted in the event of:

• Delays in receiving content, assets, credentials, approvals, or feedback from the client
• Client-requested changes to scope or direction after the project has commenced
• Third-party delays outside our control, including domain registrars, hosting providers, payment gateways, or app store review processes
• Technical dependencies on third-party platforms or APIs
• Force majeure, natural disasters, or other extraordinary circumstances beyond our control

A delay in delivery does not constitute a breach of contract on the part of The Web Presence, provided we are acting in good faith to complete the project. We will always communicate proactively if a timeline is at risk. In cases of significant delay caused solely by us, we will agree a revised timeline in writing and honour it.

A successful project is a collaboration. By engaging us, you agree to:

• Provide all required content, copy, images, logos, credentials, and materials in a timely manner and in the formats requested
• Respond to feedback requests, design approvals, or questions within 5 business days, unless a different timeframe is agreed in writing
• Assign a single point of contact on your side to avoid conflicting instructions
• Ensure that all materials provided — including images, text, logos, and third-party content — are legally owned by you or that you hold the appropriate licence to use them
• Have the legal authority to enter into this agreement on behalf of your business

If a client fails to provide required materials or approvals for 14 or more consecutive business days without prior communication, The Web Presence reserves the right to pause the project. Restarting after such a pause may be subject to a revised schedule and, where our team's capacity has changed, a re-activation fee.

At key stages of the project — including design sign-off, development completion, and final delivery — we will present deliverables for your review and written approval.

You will have 14 calendar days from the date of delivery to review and provide feedback on any deliverable. If we do not receive a response within 14 days, the deliverable will be deemed approved and accepted. Work proceeding after deemed acceptance will be treated as building on an approved foundation.

Once a stage or deliverable has been approved — whether expressly or by deemed acceptance — any subsequent request to change, redo, or revisit that stage is considered a new scope item and will be quoted separately.

Each project includes a defined number of revision rounds, as stated in the proposal. A revision round is defined as one single, consolidated set of feedback submitted at one time covering that stage of work.

The following do not count as revisions included in the package:

• Feedback submitted in multiple separate instalments after an initial round has already been actioned
• Requests to change design direction, content, or structure after a stage has been approved
• Changes requested that contradict previously approved decisions

Additional revisions beyond those included are billed at our standard hourly rate, communicated before work begins. No additional revision work will commence without your written approval of the associated cost.

Where you provide us with any materials — including images, videos, copy, logos, fonts, third-party content, data, or software — you warrant and represent that:

• You are the legal owner of those materials, or hold a valid licence to use and incorporate them into the project
• The use of those materials by The Web Presence on your behalf will not infringe the intellectual property, privacy, or other rights of any third party

In the event of any claim, legal action, or liability arising from materials provided by you, you agree to fully indemnify and hold The Web Presence harmless against all costs, damages, and legal fees incurred as a result.

All fees are quoted and invoiced in US Dollars (USD) unless otherwise agreed in writing between both parties.

Standard payment structure:

• 50% deposit due upfront before any work commences
• 50% final payment due upon project completion, prior to the release of final deliverables

For larger or phased projects, a milestone-based payment schedule may be agreed instead, as detailed in the proposal.

Invoices are due within 7 days of the date of issue unless otherwise stated. Overdue invoices will attract a late payment fee of 2% per month on the outstanding balance, applied from the due date. We reserve the right to pause all active work until outstanding invoices are settled.

International bank transfer fees, currency conversion charges, or any other transaction costs associated with payment are the sole responsibility of the client.

Final deliverables, source files, login credentials, and access will only be transferred upon receipt of full and cleared payment.

Upon receipt of full and final payment, the client receives full ownership of all custom deliverables created specifically for their project — including design files, custom code, written content produced by us, and other project-specific outputs.

The following are expressly excluded from transfer and remain the property of The Web Presence at all times:

• Proprietary tools, internal frameworks, development processes, and methodologies
• Pre-existing code libraries, components, or templates that were adapted for the project rather than built from scratch
• Internal documentation, project management records, and communication logs

Third-party assets including stock photography, icon libraries, fonts, plugins, or licensed software are governed by their respective licence agreements and are not owned by either party.

Until final payment is received in full, The Web Presence retains all rights to project deliverables. We reserve the right to withhold the delivery of final files, source code, or access credentials until all outstanding balances are cleared — without exception.

The Web Presence reserves the right to feature completed work in our portfolio, website, case studies, social media, and marketing materials. This may include screenshots, descriptions, project summaries, and links to live work.

If you require full confidentiality around your project, you must notify us in writing before the project commences. We will acknowledge this in writing and honour it. Confidentiality requests made after project completion cannot be guaranteed to be accommodated.

During the term of any project and for a period of 12 months following its completion or termination, you agree not to directly or indirectly solicit, employ, contract, or engage any individual who is or was a member of The Web Presence team involved in your project — whether as an employee, contractor, freelancer, or in any other capacity.

A breach of this clause entitles The Web Presence to seek damages equal to no less than 6 months' equivalent fees, in addition to any other legal remedies available.

Many projects involve third-party platforms, software, or services, including but not limited to hosting providers, domain registrars, payment gateways, CRM platforms, marketing tools, and software subscriptions. Unless explicitly stated otherwise in the proposal:

• All third-party platform costs, subscription fees, and licences are the client's responsibility
• We are not liable for service interruptions, downtime, pricing changes, or policy updates by any third-party provider
• We will advise on suitable providers but the final selection, account creation, and ownership rests with the client
• Where we set up accounts on your behalf, we will transfer full ownership and credentials to you upon project completion and final payment

Both parties agree to treat as strictly confidential all non-public information shared during the course of the project. This includes business strategies, technical details, pricing, personnel, and any information explicitly marked as confidential or that a reasonable person would understand to be confidential in nature.

Neither party will disclose confidential information to any third party without prior written consent, except where required by law. This obligation survives for a period of 2 years following the completion or termination of the project.

The Web Presence warrants that all services will be performed with reasonable skill, care, and professionalism, and that deliverables will materially conform to the agreed specification.

We do not warrant or guarantee specific business outcomes, including but not limited to search engine rankings, lead volumes, conversion rates, revenue increases, app store placements, or advertising performance. These outcomes depend on a wide range of factors beyond our control.

Any defects, bugs, or technical errors identified within 30 days of final delivery that fall within the original agreed scope will be addressed and resolved at no additional cost. Issues arising after this window, or resulting from client modifications, third-party changes, or factors outside our control, may be subject to a separate support quote.

To the fullest extent permitted by applicable law, The Web Presence's total aggregate liability to the client — whether in contract, tort, negligence, or otherwise — shall not exceed the total fees paid by the client for the specific project giving rise to the claim.

Under no circumstances shall The Web Presence be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of data, or reputational damage — even if we have been advised of the possibility of such damages.

Either party may terminate a project engagement by providing written notice to the other. Upon termination:

• All work completed up to the date of termination will be invoiced and is payable in full
• The 50% deposit is non-refundable under all circumstances once work has commenced
• Additional invoices for work completed beyond the deposit value must be settled before any project files or partial deliverables are transferred
• Any licences, accounts, or third-party services set up on the client's behalf will be transferred only upon receipt of all outstanding payments

The Web Presence reserves the right to terminate a project immediately and without liability where the client engages in abusive, threatening, or harassing behaviour toward our team, requests illegal or unethical deliverables, or commits a material breach of these terms.

In the event of a dispute, both parties agree to the following process before pursuing formal legal action:

• Step 1: The aggrieved party must raise the dispute in writing within 30 days of the issue arising, clearly describing the nature of the concern
• Step 2: Both parties will have 21 days from receipt of the written notice to attempt to resolve the matter through direct, good-faith communication
• Step 3: If the dispute remains unresolved after 21 days, both parties agree to engage a mutually agreed independent mediator before initiating any legal proceedings

Neither party may initiate formal legal proceedings until Steps 1 through 3 have been completed, except in cases requiring urgent injunctive relief.

These Terms & Conditions are governed by and construed in accordance with the laws of the jurisdiction agreed upon in the client contract or proposal. Where no jurisdiction is specified, the governing law will be determined by the jurisdiction most closely connected to the client's country of business.

These Terms & Conditions, together with the project proposal or service agreement, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior discussions, representations, understandings, and agreements — whether written or verbal.

No variation to these Terms shall be effective unless agreed in writing by both parties.

For any questions regarding these Terms & Conditions: hello@thewebpresence.com