Terms of Business
These terms and conditions apply to all services, including website development and design services (the Services), provided by 404 Marketing Limited (404 Marketing) to the client (the Client), in conjunction with any relevant quotation supplied to the Client by 404 Marketing (the Terms), unless otherwise agreed in writing.
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1. Acceptance
It is not necessary for a Client to have signed an acceptance of these Terms for them to apply. If a Client accepts a quote, the Client will be deemed to have satisfied themselves that the Terms apply and to have accepted these Terms in full.
Please read these Terms carefully. Any use of our Services implies that you have read and accepted these Terms.
404 Marketing may update these Terms from time to time, and the Client is responsible for reviewing them periodically. Where a Client has an ongoing engagement with 404 Marketing, such as a Website Monthly Maintenance plan, the Terms that apply are those in force at the date the engagement was accepted, or at the date of its most recent renewal, unless 404 Marketing notifies the Client of a change. The date these Terms were last updated is shown above.
2. Charges
Charges for the Services are defined in the project quotation that the Client receives from 404 Marketing by email. Quotes are valid for a period of 30 days. 404 Marketing reserves the right to alter a quote, or to decline to provide the relevant Services, after the expiry of the 30 days.
If you are unsure about the payment terms that apply to your project, please get in touch with us.
404 Marketing reserves the right to invoice for services already completed and hours already worked if any of the following conditions are met:
- The Client withholds final sign-off and/or decides to cancel the project.
- There has been no response from the Client for 14 days, without prior reason given.
- The Client delays the project without reasonable cause.
- 404 Marketing deems that a sufficient proportion of the project has been delivered, and circumstances outside our control delay final completion.
404 Marketing reserves the right to take down or restrict the use of any intellectual property until such time as the full project amount has been paid.
The Client agrees to reimburse 404 Marketing for additional expenses necessary to complete the work. Expenses may include, but are not limited to, the purchase of domain names, specialist fonts and stock photography.
All charges are exclusive of VAT. Payment is due seven (7) days from the date of the invoice.
3. Invoicing and Payment
Invoices are issued in line with the payment schedule for the relevant service, as set out in the Charges section above or in the specific service section below (for example, in stages for Web Design, annually in advance for Hosting, or monthly for a Website Monthly Maintenance plan). Unless a different schedule applies, payment is due within seven (7) days of the invoice date.
Accounts unpaid thirty (30) days after the invoice date will be considered in default. Where an account is in default, 404 Marketing reserves the right to suspend or restrict access to any ongoing services, including hosting, email and a Website Monthly Maintenance plan, until the outstanding balance is paid in full. If a Client in default maintains any information or files on 404 Marketing’s web space, 404 Marketing may, at its discretion, remove all such material from its web space. 404 Marketing is not responsible for any loss of data resulting from the removal of the service. Suspension of services or removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
Clients with accounts in default agree to pay 404 Marketing’s reasonable expenses, including legal fees and the costs of collection by third-party agencies, incurred in enforcing these Terms.
Due to the nature of the services provided, no refunds are given.
4. Indemnity
All 404 Marketing services may be used for lawful purposes only. The Client agrees to indemnify and hold harmless 404 Marketing against all damages, losses and expenses arising from any actions or claims resulting from the Client’s use of 404 Marketing’s services.
The Client warrants that any content supplied to 404 Marketing for use on the website or in any other deliverable, including text, images, logos, video, audio and branding, is either owned by the Client or properly licensed for this purpose, and does not infringe the intellectual property rights of any third party. The Client agrees to indemnify and hold harmless 404 Marketing against all damages, losses, expenses and claims arising from any third-party claim that content supplied by the Client infringes their rights.
5. Ownership
All work created by 404 Marketing shall remain the intellectual property of 404 Marketing until such time as the full invoice amount is paid. At that time, the intellectual property shall transfer to the Client; however, 404 Marketing will retain a non-exclusive licence to use any assets created.
404 Marketing will deliver access to the final assets created to the Client. Any design files will remain the intellectual property of 404 Marketing.
404 Marketing may purchase domain names on behalf of the Client. Payment in relation to, and renewal of, those domain names is the responsibility of the Client. The loss or cancellation of a domain resulting from non-payment or late payment is not the responsibility of 404 Marketing. The Client should keep a record of payment due dates to ensure that payment is made in good time.
Your domain and website content remain your property throughout our engagement. Should you choose to move your website or domain elsewhere, 404 Marketing will facilitate the transfer at no additional charge, provided all outstanding balances have been settled.
6. Liability
Nothing in these Terms shall operate to exclude or limit either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.
404 Marketing shall not be liable, under or in connection with these Terms or any collateral contract, for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to, or corruption of data; (h) indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether resulting from negligence or any other cause, in the production of the website; or (j) loss or damage to the Client’s artwork or photographs supplied for the website, whether resulting from negligence or otherwise.
The entire liability of 404 Marketing to the Client, in respect of any claim or breach of this agreement, whether or not arising from negligence, shall be limited to the charges paid for the Services under this agreement to which the breach relates.
7. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations under these Terms where such failure or delay results from causes beyond their reasonable control, including but not limited to acts of God, fire, flood, war, governmental action, industrial action, internet or telecommunications failures, or the failure of third-party suppliers or service providers.
Where such an event continues for a prolonged period, either party may terminate the affected engagement by giving written notice to the other.
8. Severability
If any one or more of the provisions of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this agreement shall remain unimpaired, and the agreement shall not be void for that reason alone. Any such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable, valid, legal and enforceable provision that comes closest to the original intention of the parties.
9. Governing Law and Jurisdiction
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
10. Web Design
10.1 Charges
Payment for Web Design Services is as follows:
- 50% upfront on acceptance of the quote
- 30% on design presentation sign-off
- 20% on completion of the project
Where any stage payment is not received when due, 404 Marketing reserves the right to pause work on the project until payment has been made.
10.2 Client Review
404 Marketing will provide the Client with an opportunity to review the appearance and content of the website during the design phase, and again once the overall website development is complete.
On completion of the project, such materials will be deemed accepted and approved unless the Client notifies 404 Marketing otherwise within ten (10) days of the materials being made available to the Client.
Where the Client’s website is hosted with a third-party provider rather than through 404 Marketing’s Managed Hosting service, 404 Marketing provides a 14-day support period following launch or redesign. During this time, 404 Marketing will provide support for any issues or minor changes; complete redesigns or the creation of new content are not included within this 14-day period. Where the Client takes out a Managed Hosting service with 404 Marketing, ongoing support is instead provided as set out in the Hosting section below.
10.3 Turnaround Time and Content Control
404 Marketing will install and publicly launch, or otherwise supply, the Client’s website by the date specified in the project proposal, or by the date agreed with the Client on receipt of initial payment, unless a delay is specifically requested by the Client and agreed by 404 Marketing.
In return, the Client agrees to provide 404 Marketing promptly with all necessary co-operation, information, materials and data, access to staff, and timely decision-making, as may be reasonably required by 404 Marketing for the performance of the Services.
During the project, 404 Marketing will require the Client to provide website content, text, images, video, sound files, and any relevant background information.
10.4 Web Browsers
404 Marketing makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (for example, Firefox, Google Chrome and Microsoft Edge). The Client agrees that 404 Marketing cannot guarantee correct functionality with all browser software across different operating systems.
404 Marketing cannot accept responsibility for web pages that do not display acceptably in versions of browsers released after the website has been designed and handed over to the Client. As such, 404 Marketing reserves the right to quote for any work involved in changing the website design or code so that it works with updated browser software.
10.5 Search Engine Optimisation (SEO)
All 404 Marketing websites are optimised for SEO using Yoast for WordPress. Our standard optimisation includes:
- Implementing keywords, meta titles and meta descriptions
- Optimising image size and format
- Adding image alt tags and titles
- Creating a social share image
As part of our standard web development process, 404 Marketing will index new websites with Google through Google Search Console. For clients with a Website Monthly Maintenance plan, 404 Marketing will continue to monitor website indexing.
404 Marketing cannot guarantee any SEO performance, or give any indication of expected website traffic, based on any efforts made to optimise your website for SEO.
10.6 Design Credit and Marketing
A credit link to 404 Marketing will appear, either as small type or a small graphic, at the bottom of the Client’s website. If a graphic is used, it will be designed to fit with the overall site design. Where a Client would like the design credit removed, they can simply get in touch with 404 Marketing to arrange this.
The Client agrees that the website developed for them may be presented in 404 Marketing’s portfolio, and hereby grants 404 Marketing a worldwide, perpetual, non-exclusive licence to use the Client’s name, logo and branding for advertising, marketing and promotional purposes.
10.7 Post-Placement Alterations
404 Marketing cannot accept responsibility for any alterations made to the website, once installed, by the Client or a third party. Such alterations include, but are not limited to, additions, modifications or deletions.
10.8 Privacy Policy and GDPR
404 Marketing offers a basic website privacy policy; however, this should be reviewed by the Client and their legal representatives to ensure that it meets the required standard for the Client’s business.
As standard, 404 Marketing also adds a basic cookie consent pop-up to the website. This does not include a full technical cookie policy or cookie audit; where this is required, it should be arranged separately with a specialist provider.
404 Marketing cannot be held liable for any GDPR claims relating to information and personal data captured through activity on the Client’s website.
11. Hosting
11.1 What’s Included
Where a Client has a Managed Hosting service with 404 Marketing, this keeps the technical side of the website looked after, so it stays online, secure and backed up throughout the year. This includes:
- Annual website hosting
- SSL security certificate
- Daily website backups
- Website security monitoring and malware scanning
- Firewall protection
- A content delivery network (CDN), where the domain and DNS are managed through us
- Automatic WordPress, plugin and theme updates
- Breakdown support if something goes wrong
- Occasional minor content changes to existing pages
- Domain renewal, where managed through us
- One free 1GB email mailbox, where required
The following are not included as standard, and may be quoted for separately: new web page design or creation, larger design or layout changes, full website redesigns, ongoing website performance optimisation, blog writing or SEO content, and regular monthly website content updates.
11.2 Payment and Renewal
Managed Hosting is renewed annually, with payment required upfront before the renewal date.
Where payment is not received, 404 Marketing reserves the right to suspend the hosting service, as set out in the Invoicing and Payment section above.
11.3 Third-Party Servers
404 Marketing designs and tests websites to work on its own servers, and cannot guarantee correct functionality if the Client wishes to use a different, third-party server. Where the Client uses a third-party server, it is the responsibility of the Client and the relevant third-party host to ensure that the server is compatible with the website. 404 Marketing will assist the Client with server configuration where required, although this may be subject to additional charges.
If the Client’s website is to be installed on a third-party server, 404 Marketing must be granted temporary read/write access to the Client’s storage directories. Depending on the specific nature of the project, other resources may also need to be configured on the server.
11.4 Service Providers and Uptime
404 Marketing utilises the services of Hostinger to host client websites, which provides a 99% uptime guarantee. Occasional downtime, maintenance windows, technical issues or third-party service interruptions can still happen. 404 Marketing cannot be held liable for any downtime resulting from a systems failure at a third-party server, as this is outside of the control of 404 Marketing. Where possible, 404 Marketing will notify clients of any downtime and will assist with any server-related issues.
11.5 Mailboxes
The free email mailbox included with Managed Hosting has a 1GB storage limit. Additional mailboxes, or extra storage beyond this limit, can be arranged for an additional charge.
11.6 Cancellation
You may cancel your hosting service at any stage. However, as hosting is paid upfront to cover the annual costs incurred by 404 Marketing, refunds are not available once the hosting period has started. If you decide to move your website elsewhere, we will facilitate the transfer once all outstanding balances have been settled.
12. Website Monthly Maintenance
404 Marketing offers a Website Monthly Maintenance plan to ensure your website stays online and functions properly. Support is provided during normal working hours.
As with all website technology, the platform is constantly evolving and updating. If you choose not to take out a Website Monthly Maintenance plan, it will be your responsibility to ensure your website remains up to date and secure.
Our Website Monthly Maintenance plans run for a period of 12 months. You will be invoiced on the 21st of each month, with payment due seven (7) days later, on the 28th.
404 Marketing uses GoCardless to process all direct debit payments for Website Monthly Maintenance plans. You will be required to set up a direct debit for payment to be taken on a monthly basis; BACS payments are not accepted for monthly contracts.
Where payment is not received, 404 Marketing reserves the right to suspend the Website Monthly Maintenance plan, as set out in the Invoicing and Payment section above.
You have the right to cancel the agreement at any stage by providing 30 days’ written notice before the next billing period. However, should you cancel the agreement before the end of the 12-month period, a nominal charge may apply to cover costs already incurred by 404 Marketing for hosting, domain renewal and security software.
If you wish to move your domain and/or website away from 404 Marketing, we will provide the necessary details for your new provider to migrate these. We can assist with migration if required, although this would be subject to an additional charge.
13. Third-Party Products and Software
Where 404 Marketing supplies third-party software or products, these will be provided under the licensor’s own standard terms and conditions. Unless otherwise stated, any one-off licence fees are included within our charges. Certain third-party software or products may carry an ongoing or renewable fee, which will be clearly highlighted at the time of quoting.
14. Licensing
Where 404 Marketing provides stock imagery or video for your project, we will only use royalty-free or licensed assets. 404 Marketing is not liable for any third-party licensing claims relating to assets used.
15. Video
15.1 Delivery
Final videos will be delivered via WeTransfer, Telegram or Google Drive, according to the Client’s preference, to maintain optimal quality.
15.2 Usage Rights and Licensing
You are granted full usage rights for your own social media and promotional purposes. Redistribution or resale of the content is not permitted without written permission. 404 Marketing retains the right to use any final content for its own marketing and promotional purposes (for example, portfolio, social media and website).
15.3 Performance Disclaimer
While we aim to produce highly engaging, high-quality content, performance metrics (such as reach, engagement or follower growth) are ultimately dependent on social media algorithms and audience behaviour. We cannot, therefore, guarantee specific results.
15.4 Reshoots
If any additional filming or reshoots are required due to factors beyond our control, these will be charged separately. The cost will be agreed in advance.