1 About us
We are The Web Designer Group Limited, a company registered in England and Wales under company number: 11464444. Our registered office is at: 7 Herbert Terrace, Penarth, Wales CF64 2AH. Our VAT number is: GB300138760.
2 How to contact us
You can contact us by sending an email to: [email protected] or calling us on: 0800 905 5999 or +443333052155.
3 These terms
3.1 These terms apply to any purchases you make through our website or subsequently through engaging our services by email, or over the telephone. Please read these terms carefully before you place any orders with us, or commit to any project that we may undertake for you, as they set out important information about each of our rights and obligations. Please note that you must agree to these terms before you place your order/commission a project.
3.2 For the purposes of these terms, you are a ‘consumer’ if you are buying or engaging our services from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying or engaging our services through our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
3.3 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to The Web Designer Group Limited, and any reference to ‘you’ or ‘your’ is to the person or company placing an order on our site.
3.4 You must be at least 18 years old and a resident of the UK to place an order or engage our services through our site. If you are a business customer placing an order or engaging our services on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
3.5 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
3.6 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
3.7 Your use of our site is governed by our Website Terms of Use https://thewebdesignergroup.co.uk/terms-of-use.
4 Orders
4.1 Please check your order and specifications carefully and correct any errors before you submit it to us.
4.2 After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy services from us on these terms.
4.3 Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.
4.4 On acceptance of your order, we will allocate you an Account Manager who will provide you with an outline of the project and make sure that services ordered by you are delivered on time and in accordance with our terms and conditions. Your Account Manager will be your point of contact. As soon as your order is confirmed, your Account Manager will provide you with details to enable you to login to our support portal where you can find tutorials, guides, discount vouchers, third party products and services and other information that we think might be useful to you.
4.5 If we do not accept your order, for example because we are unable to take payment, the services are unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the services, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
5 Availability
All orders are subject to availability. We cannot guarantee that any service will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain services. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a refund of any advance payments made by you for any services that have not yet been provided. We are unable to refund you for any services which have already been delivered.
6 Making changes to your order
If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order. If it is not possible to accommodate the changes that you wish to make, you shall be entitled to cancel the order, in line with the cancellation provisions below.
7 Providing services
7.1 We offer a wide array of services which can be purchased separately or as part of package and which are more specifically described elsewhere on our website. Our services include website design, development and maintenance, digital marketing and advertising, domain hosting and registration as well as search engine optimisation.
7.2 We will provide the services at the time(s) and on the date(s) selected by you or within the period agreed with you during the order process.
7.3 For services provided over a period of time, any completion dates stated during the order process, or in your acknowledgment or confirmation emails, are estimates only and shall not be of the essence.
7.4 We will do all that we reasonably can to provide the services at the time(s) and date(s) or within the period agreed with you. If there might be a delay before we can start or restart the services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
7.5 We are not liable to you for any losses you incur where the services are delayed or cannot be performed because you fail to provide us with adequate instructions or information to allow us to perform the services.
7.6 If you are a consumer, the services are provided to you for your domestic and personal use only. You must not use our services for commercial or business purposes.
7.7 If you are a business customer, you confirm that you are purchasing the services for the purposes of your named business only and not for or on behalf of any third party.
7.8 Web Design:
- 7.8.1 Each of our web design options comes with a monthly fee which covers the hosting, ssl security, website maintenance and unlimited website changes;
- 7.8.2 You can end the subscription at any time, by giving 30 days written notice to us (by email is sufficient). If you are using a contract package which is for longer than 30 days, your 30 day notice must be given 30 days before the end of the contract period;
- 7.8.3 If you select any Web Design Add-Ons, this can be done at anytime during your subscription and the fee shall be payable immediately;
- 7.8.4 Prices of Web Design packages & Add-Ons are subject to change;
- 8.5 All requests for changes to site designs must be made through Secure Portal as a ticket request: https://portal.thewebdesignergroup.co.uk/submitticket.php;
- 7.8.6 You are entitled to unlimited changes to your website during your subscription, however, this is subject to those requests not being unreasonable in number or content;
- 7.8.7 If a request to change the site is deemed by us to be excessive, in our absolute discretion, we may apply a charge to reflect the level or work involved, or decline to make the change. Should we decline to make any such change, this should not be construed as our having breached the terms of our contract with you, and we will endeavour to work with you to facilitate a more reasonable change or to agree a charge payable for the change;
- 7.8.8 Any changes requested to your website may take up to 10 working days depending;
- 7.8.9 A small ‘Website Designed by The Web Designer Group’ link will appear at the bottom of your website’s pages, to help us promote our services. This can be removed by purchasing our Badge Removal Website Add-On.
7.9 Domains:
- 7.9.1 Domain names specified when placing an order with us, or engaging our services, are not confirmed until your site goes live. The availability checker is only an indication of potential availability and is in no way a guarantee that you will secure that domain;
- 7.9.2 All website packages include one domain name which we will register for you. The domain can be a .co.uk, .org.uk or .org. The website package includes one domain and does not cover sub-domains. Other top-level domains may incur additional fees which we will inform you of before registering them;
- 7.9.3 Domains which you have registered externally can be transferred to us or pointed to our servers. We will assist in the configuration of one domain externally, for additional domains we may charge a fee of £5 plus VAT to cover the configuration time. On some occasions we will not be able to configure external domains but in those instances, we will provide you with the information you will need to ask your current provider to make the required updates;
- 7.9.4 Additional domain names transferred to us or requested beyond the one included, will increase your monthly fee by £2.50 plus VAT per month, in the case of the standard top-level domains, or more for non-standard domains. For non-standard domains we will inform you of the costs.
7.10 Transfers:
- 7.10.1 Domain names we hold can be transferred subject to a £25 plus VAT admin fee. Transfers will only be commenced after any outstanding account balance is cleared;
- 7.10.2 If you want to transfer your website away from us, we will provide you with a full cPanel backup as long as the full website design balance has been paid. It is your responsibility to restore the cPanel backup with your new provider. We may remove any plugins relating to our Company or Server.
- 7.10.3 If you have opted to pay by monthly instalments, any remaining or outstanding monthly instalments need to be paid in full before we provide you with a full cPanel backup;
- 7.10.4 Cancellation is not confirmed until we contact you in writing to confirm, to ensure we have received your request and the account has been closed.
7.11 Copywriting:
- 7.11.1 You hereby acknowledge and agree that if you make an order or engage our copywriting services, you will NOT be eligible for any refund. We spend time and effort to deliver customised and bespoke copywriting services to meet your exact needs and therefore, we can not provide any refunds in case you are not satisfied or have an issue with our copywriting services. We may however, at our discretion, offer you a different professional copywriter from The Web Designer Group Limited, for your copywriting service.
7.12 Additional work and Changes to the Site:
- 7.12.1 Once your website project is completed, we will provide you with log in information to access your website administrator panel as well as our customer support portal. You can make any changes you want to your website using the website’s admin panel. Please note that we do not provide access to website’s cPanel.
- 7.12.2 If at any time you would like us to supply or perform an additional service or modification not falling within the scope of your subscription plan, order, or the services which you have engaged us to do in accordance with these terms, we will agree a fee with you before we proceed to undertake that work.
7.13 Content Supply:
- 7.13.1 The copyright and observation of other third party copyrighted material is your responsibility, unless we agree otherwise in writing.
- 7.13.2 It is also your responsibility to supply us with all text, photographs, images, artwork, audio, videos, logos, files and such other media or content as is necessary for the performance of the agreed website design, digital advertising or SEO services.
7.14 Logins and Access:
- 7.14.1 We will provide you with access to simple WordPress Editor as well as email login credentials which may be needed to access and manage the website and business email;
- 7.14.2 We will only provide access to the WordPress Administrator Access Level if you so require and we will not be liable for any damage to the website or website’s SEO work which result from any modifications made by you;
- 7.14.3 For the avoidance of doubt, we do not provide access to the website’s cPanel. If you would like to set up subdomains, we may require you to supply the DNS A records of the desired hosting server for sub domains.
7.15 SEO Services:
- 7.15.1 We provide on-demand and personalised SEO services. The content of SEO services will vary depending on your requirements, including for example: initial consultation, SEO strategy building, keyword research, content creation and optimisation, report generation, technical SEO and similar services;
- 7.15.2 We provide a SEO packages, with a 30-day cancellation notice requirement. Should you wish to cancel the package, you must email at least 30 days before your next payment is due. If no cancellation notice is received 30 days before your next due date, the subscription will renew automatically and you will be charged;
- 7.15.3 Because we have no control over search engines rules or ranking algorithms or the competitiveness of any specific keywords, we do not guarantee that your website will attain number one ranking or consistent top ten rankings during the term of any subscription for any specific keyword(s).
7.16 Social Media Services:
- 7.16.1 We can provide tailored social media services to suit your requirements. These will attract a monthly fee, payable in line with our monthly subscription terms set out below;
- 7.16.2 In order to provide on-demand and personalised Social Media services, we require your Social Media logins;
- 7.16.3 Should you wish to cancel this service, you will need to follow the cancellation procedure set out for our subscription packages, below.
7.17 Refer A Friend:
- 7.17.1 Referral attempts that do not use the referral link mechanism or do not provide the voucher code on the telephone prior to purchasing insurance will not qualify for the reward.
- 7.17.2 There is no limit to the number of referrals that can be made by an individual referrer.
- 7.17.3 Referral links will be generated by us and sent to potential referrers by email and in the My Account section, they can also be generated and sent to a referee (friend) on completion of our online form by the referrer at: thewebdesignergroup.co.uk/refer-a-friend;
- 7.17.4 Referral links can be shared by any means online provided that this does not involve paid advertising or the unauthorised use of our brand or intellectual property;
- 7.17.5 The referrer and the referee (friend) can not be the same person, if we believe it to be the same person, we will revoke the offer or any discounts or benefits applied;
- 7.17.6 The referral offer cannot be used in conjunction with any other offer.
8 Prices
8.1 Prices for our services are set out on our site. All prices are in pounds sterling (£)(GBP) excluding VAT at the applicable rate.
8.2 Prices for our services may change at any time. Except as set out in clause 8.3 below, such changes will not affect existing orders.
8.3 If there has been an error on the site regarding the pricing of any of our services and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
8.4 Where you are asking for a bespoke commissioned project, the specifications of which is not met by the packages that are set out on our site, we shall confirm the price in the confirmation email that is sent to you on acceptance of your order by us.
9 Payment
9.1 For one off fees, payment is due on receipt of our invoice.
9.2 For monthly subscription charges, we require the first payment on your receipt of our confirmation email and invoice. For all future monthly payments, we require you to set up a direct debit payment to us, and we shall take the fees due on or around the middle of the month (this may be subject to change).
9.3 For larger bespoke web design commissions, we will require an advance non-refundable payment of 50% of the total order cost when you place your order. We will take this payment from your card or you can transfer this amount to us, before we send you your order confirmation email.
9.4 We will invoice you for the remaining amount after we have completed the services. Your invoice will be sent to the email address you provided when you placed your order and must be paid within 5 days of receipt.
9.5 If any of your payments are unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and we reserve the right to immediately suspend your access to any platform. We will notify you of any such action by email.
9.6 If any payment is not received by us when due, we may charge interest on any balance outstanding at the rate of 8% per annum.
9.7 Our Store Credit shall not be redeemed for cash under any circumstances.
10 Consumer cancellation rights
10.1 This clause
- 10.1 only applies to you if you are a consumer.
- 10.1.1 You have 14 days from the date of your order confirmation email to change your mind and cancel your order.
- 10.1.2 We will not provide any services during the 14-day cancellation period unless you request for us to do so by notifying us when you place your order. We are under no obligation to accept your request.
- 10.1.3 If you request for us to start providing services during the 14-day cancellation period and we agree to do so, this will impact your cancellation rights as follows:
- i. you lose your right to cancel once the services are fully performed and will not be entitled to a refund even if the cancellation period has not expired;
- ii. if the services have not been fully performed, you will be required to pay for the services we provided up to the time that you told us that you want to cancel, for the avoidance of doubt, we are not required to account to you for any work undertaken up to the point of cancellation.
- 10.1.4 To cancel your order, please email us at: [email protected] or call us on 0800 905 5999. To help us process your cancellation more quickly, please have any paperwork or correspondence with us ready or include it in the email you send to us.
- 10.1.5 We will provide you with a refund as soon as possible and no later than 14 days after the day on which you told us that you want to cancel. If services have been provided during the cancellation period at your request, we will make deductions from any refund due to you as explained in clause 10.1.3 above.
- 10.1.6 We will issue your refund to the same payment method you used when you placed your order.
10.2 Cancellation – general:
- 10.2.1 To cancel your account with us, you must contact support on [email protected];
- 10.2.2 Notice of 30 days must be given for cancellation;
- 10.2.3 Any payment due within that 30 day period may still be charged and is not refundable;
- 10.2.4 Your cancellation is not confirmed until we contact you with a confirmation email;
- 10.2.5 If you cancel your account while your website is under construction you will not be entitled to a refund of any monies paid in advance;
- 10.2.6 If you chose to cancel after your order has been completed, you will remain liable for the full balance of the order and other fees incurred;
- 10.2.7 If you have received a discount or promotional extra as part of your package and wish to cancel during any of the phases prior to, and up to completion of your package, any outstanding balance will be calculated on the basis of the full cost of all items without discount or promotions applied;
- 10.2.8 Reactivation of cancelled accounts, will be charged at £150 plus VAT;
- 10.2.9 Once an account is closed, we provide no guarantee that the service can be restored as data from inactive accounts is periodically removed from our databases.
11 Faulty services—consumers
This clause 11 only applies to you if you are a consumer.
11.1 We must provide the services to you with reasonable care and skill.
11.2 If a service is not carried out with reasonable care and skill, you can ask us to repeat the service or to fix it, or get some money back if we cannot fix it.
11.3 This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 10 above. For more detailed information on your rights visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
11.4 If there is a problem with a service we have provided to you, please contact us as soon as reasonably possible.
12 Faulty services—business customers
This clause 12 only applies to you if you are a business customer.
12.1 We warrant that the services will be:
- 12.1.1 performed with reasonable care and skill within the meaning of section 13 of the Sale of Goods and Services Act 1982; and
- 12.1.2 free from material defects at the time the services are completed.
12.2 As your sole and exclusive remedy, we will (at our option) remedy, re-perform or refund any services that do not comply with clause 12.1, provided that:
- 12.2.1 you notify us by email to: [email protected] within 5 calendar days from the date that the services are completed; and
- 12.2.2 you provide us with sufficient information as to the nature and extent of the defects.
12.3 Except as set out in this clause 12, we give no warranties and make no representations in relation to the services, and all warranties and conditions (including the conditions implied by sections 12–16 of the Supply of Goods and Services Act 1982 and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
13 Events beyond our control
We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
14 Liability
14.1 Our liability to consumers
This clause 14.1 only applies to you if you are a consumer.
- 14.1.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
- 14.1.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
- 14.1.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
14.2 Our liability to business customers
This clause 14.2 only applies to you if you are a business customer.
- 14.2.1 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the services.
- 14.2.2 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for any of the following (whether direct or indirect):
- i. consequential, indirect or special losses,
- ii. loss of profit;
- iii. loss of opportunity;
- iv. loss of savings, discount or rebate (whether actual or anticipated); or
- v. harm to reputation or loss of goodwill.
- 14.2.3 Nothing in these terms will limit or exclude our liability for:
- i. death or personal injury caused by negligence;
- ii. fraud or fraudulent misrepresentation; or
- iii. any other losses which cannot be excluded or limited by law.
14.3 General exclusions:
- 14.3.1 If commissioning an ecommerce website, please note that we do not add all your products due to time constraints when building your site;
- 14.3.2 We retain the copyright on all materials produced, until receipt of all monies due, then copyright in the design work is transferred to you
- 14.3.3 We retain the right to include the produced work in our portfolio;
- 14.3.4 The website manager remains our intellectual property;
- 14.3.5 Stock images we provide are for use on your website only and allowances as part of your package and/or add-ons expire once your website is launched;
- 14.3.6 We accept no liability for errors such as spelling errors or inaccurate contact details once a service provided has been completed;
- 14.3.7 We do not proof read any content you provide for your website and accept no responsibility for typographical errors;
- 14.3.8 .Features of ongoing packages do not roll over, any allowances expire at the end of the contract period;
- 14.3.9 Unless otherwise stated, offers cannot be used in conjunction with other promotions;
- 14.3.10 We accept no responsibility should finished printed items not accurately reproduce colours, quality or contain errors;
- 14.3.11 Social Media set up upgrade we include the setup of LinkedIn, Instagram, Twitter and Facebook accounts only. You will need a personal Facebook account so that we can make you the owner of the Facebook Page we set up for you. Without a personal Facebook account, you will not be able to manage the Facebook Page. It is your responsibility to set up your personal account. Social Media setup is not required if you already have business pages / accounts set up and just want us to link to them from your new site;
- 14.3.12 For Ecommerce websites we only integrate with PayPal, Stripe, Sagepay and Worldpay gateways. As part of your setup, you may need to configure elements of the integration within the respective gateway’s systems. We will provide guidance as to any changes that need to be made, however support for specifics within those systems must come for the gateway themselves. We can sometimes make the changes on your behalf but reserve the right to charge a small fee for this;
- 14.3.13 The security and wellbeing of our staff is of paramount important. Abusive behaviour such as swearing or threatening a member of our team will not be tolerated. Should behaviour of this nature occur we reserve the right to terminate your contract immediately and you will lose any monies paid to date;
- 14.3.14 At our discretion we reserve the right to cancel the order and issue a full refund for any reason we deem as appropriate.
15 Your information
Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here https://thewebdesignergroup.co.uk/privacy-cookie-policy, which explains what information we collect and hold about you, and how we collect, store, use and share such information.
16 No third party rights
No one other than us or you has any right to enforce any of these terms.
17 Complaints
17.1 If you are unhappy with us or the services we have provided to you, please contact us at [email protected].
18 Governing law and jurisdiction
18.1 If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
18.2 If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
19 General terms
19.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
19.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
19.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
19.4 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
19.5 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.