Terms of Service

1. Agreement to Terms

By accessing and using the WebPunch website ("Website") at webpunch.co.uk and engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website or services.

Service Provider: WebPunch, Aberdeen, Scotland, UK

2. Services

WebPunch provides web design, web development, SEO, branding, digital marketing, and website maintenance services ("Services"). The specific scope, deliverables, timelines, and fees for each project will be outlined in a separate project agreement or proposal.

3. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information necessary for project completion
• Respond to requests for information or feedback within reasonable timeframes
• Provide all content, images, and materials required for the project
• Ensure you have the legal right to use all materials provided to us
• Review and approve deliverables within agreed timeframes
• Make timely payments according to the agreed schedule
• Notify us promptly of any concerns or issues

4. Payment Terms

4.1 Fees and Invoicing

Project fees will be agreed upon in writing before work commences. Payment terms will be specified in the project agreement and may include:

• Upfront deposits (typically 50% of project value)
• Milestone payments
• Final payment upon project completion
• Monthly retainers for ongoing services

4.2 Late Payments

Late payments may incur interest charges and may result in suspension of services or project delays. We reserve the right to withhold delivery of work until payment is received in full.

4.3 Refunds

Deposits are non-refundable once work has commenced. Refunds for completed work will be assessed on a case-by-case basis.

5. Project Timeline

Project timelines are estimates and may be subject to change based on:

• Client response times and approval delays
• Scope changes or additional requests
• Technical challenges or third-party delays
• Force majeure events

We will make reasonable efforts to meet agreed timelines and will communicate any potential delays promptly.

6. Intellectual Property Rights

6.1 Client-Provided Materials

You retain all rights to content, images, logos, and materials you provide to us. You grant us a license to use these materials solely for the purpose of completing your project.

6.2 Work Product

Upon receipt of full payment, you will own the final deliverables created specifically for your project (e.g., custom website design, logos, graphics). This ownership transfer is contingent on full payment being received.

6.3 Pre-existing Materials and Code

We retain ownership of:

• Pre-existing code, frameworks, and tools
• General techniques, methodologies, and processes
• Template-based designs and components
• Third-party licensed software and plugins

6.4 Portfolio Rights

We reserve the right to display completed work in our portfolio, case studies, and marketing materials unless otherwise agreed in writing.

7. Revisions and Changes

Each project includes a specified number of revision rounds as outlined in the project agreement. Additional revisions beyond the agreed scope may incur additional fees.

Significant changes to project scope after work has commenced will be treated as change requests and may result in timeline extensions and additional charges.

8. Website Hosting and Maintenance

Unless otherwise agreed:

• You are responsible for securing your own hosting services
• We can recommend hosting providers but are not responsible for hosting performance
• Ongoing maintenance and support services are available under separate maintenance agreements
• You are responsible for maintaining backups of your website

9. Third-Party Services

Our services may involve third-party tools, plugins, or services (e.g., payment processors, analytics, hosting). We are not responsible for:

• Third-party service availability, performance, or pricing changes
• Third-party terms of service or privacy policies
• Costs associated with third-party services

You are responsible for complying with all third-party terms of service.

10. Warranties and Disclaimers

10.1 Our Warranty

We warrant that:

• Services will be performed with reasonable skill and care
• Work will be substantially as described in the project agreement
• We will correct errors in our work at no additional charge for a period of 30 days after project completion

10.2 Disclaimer

Except as expressly stated above, our services are provided "as is" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Guarantees of specific business results or outcomes
• Guarantees of website traffic, search rankings, or conversions
• Absolute website security or freedom from technical issues

11. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claims arising from our services shall not exceed the total fees paid by you for the specific project giving rise to the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We are not liable for loss of profits, revenue, data, or business opportunities
• We are not liable for issues arising from client-provided content or third-party services

12. Confidentiality

Both parties agree to:

• Keep confidential any proprietary or sensitive information disclosed during the project
• Use confidential information only for the purpose of completing the project
• Not disclose confidential information to third parties without consent

This obligation does not apply to information that is publicly available or independently developed.

13. Termination

13.1 Termination by Client

You may terminate the project at any time by providing written notice. You will be responsible for payment for all work completed up to the termination date.

13.2 Termination by WebPunch

We may terminate services if:

• You fail to make payments when due
• You materially breach these Terms
• You fail to provide necessary materials or feedback for an extended period
• Continuing the relationship becomes impractical or unreasonable

13.3 Effect of Termination

Upon termination:

• You must pay for all work completed to date
• We will provide work completed up to the termination date upon receipt of payment
• We may retain deposits already paid

14. Indemnification

You agree to indemnify and hold WebPunch harmless from any claims, damages, or expenses arising from:

• Your use of the delivered work or Website
• Content or materials you provide to us
• Your breach of these Terms
• Your violation of any third-party rights

15. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, pandemics, war, strikes, or government actions.

16. User Accounts and Security

If you create a client account on our Website:

• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access
• You must not share your account credentials with others

17. Acceptable Use

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Request work that infringes on third-party intellectual property rights
• Provide false or misleading information
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Use our services to distribute malware or harmful code

18. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page with a new "Last updated" date. Continued use of our Website or services after changes constitutes acceptance of the modified Terms.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Scotland and the United Kingdom. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the Scottish courts.

20. Entire Agreement

These Terms, together with any project agreement or proposal, constitute the entire agreement between you and WebPunch regarding our services and supersede all prior agreements and understandings.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

22. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: hello@webpunch.co.uk
• Address: Aberdeen, Scotland, UK
• Website: webpunch.co.uk