Terms and Conditions
By accessing or using our website and services, you agree to comply with the following terms and conditions. Please read them carefully before using our site.
1. DEFINITIONS
1.1 “Company” means Website Club, a trading style of Website Club Ltd, with its principal place of business at 184 Main Street, Prestwick KA9 1PG including its successors and assigns.
1.2 “Client” means the individual or entity that has engaged the Company to provide services.
1.3 “Services” means website design, development, hosting, maintenance, domain registration, and any other services offered by the Company.
1.4 “Deliverables” means all materials, including but not limited to websites, designs, code, content, and documentation created by the Company for the Client.
1.5 “Agreement” means these Terms and Conditions, together with any proposal, quotation, statement of work, or other document provided by the Company and accepted by the Client.
2. ACCEPTANCE OF TERMS
2.1 By engaging the Company’s services, requesting a quote, signing a contract, making any payment, or using any aspect of the Services, the Client acknowledges they have read, understood, and agree to be bound by these Terms and Conditions.
2.2 If the Client does not agree to these Terms and Conditions, they must not proceed with the Services.
3. SERVICES
3.1 The Company agrees to provide the Services with reasonable skill and care, in accordance with industry standards.
3.2 The scope of Services shall be limited strictly to what is outlined in the agreed proposal or quotation. Any additional services requested shall be subject to additional fees.
3.3 The Company reserves the absolute right to refuse any aspect of a project that it deems inappropriate, offensive, potentially illegal, or beyond its technical capabilities.
3.4 Time estimates provided for completion of Services are estimates only and not binding deadlines. The Company shall not be liable for any loss or damage arising from any delay.
4. CLIENT RESPONSIBILITIES
4.1 The Client shall provide all content, information, and feedback necessary for the Company to perform the Services in a timely manner.
4.2 Delays in providing required materials shall result in corresponding delays to project timelines, with no liability to the Company.
4.3 The Client is solely responsible for the accuracy, legality, and quality of all materials provided to the Company.
4.4 The Client must review and approve deliverables promptly. Failure to provide feedback within seven (7) days shall constitute automatic approval.
5. FEES AND PAYMENT
5.1 The Client agrees to pay all fees as specified in the proposal, quotation or invoice.
5.2 An initial non-refundable deposit of 50% of the total project cost is required before work commences.
5.3 The remaining balance shall be paid according to the agreed payment schedule, or in full upon project completion, whichever is earlier.
5.4 Monthly subscription fees shall be paid via direct debit or standing order, due on the same day each month as specified in the Agreement.
5.5 Late payments shall incur interest at 8% per annum above the Bank of England base rate, calculated daily.
5.6 The Company reserves the right to suspend or terminate Services for accounts with payments more than 14 days overdue.
5.7 All fees are subject to annual review and may be increased with 30 days’ notice.
5.8 The Client shall reimburse the Company for all reasonable expenses incurred in performing the Services.
5.9 In the event of early termination by the Client, all outstanding fees for the remainder of the minimum term shall become immediately due and payable in full.
6. DOMAIN NAMES
6.1 All domain names registered by the Company on behalf of the Client shall remain the property of the Company until: (a) The Client has completed the minimum subscription term of 24 months; (b) All outstanding invoices have been paid in full; and (c) A domain transfer fee has been paid.
6.2 The Company reserves the right to refuse any domain name request if the cost or availability is deemed prohibitive at the Company’s sole discretion.
6.3 The Company makes no representation or warranty regarding the availability or suitability of any domain name.
6.4 If the Client fails to renew their subscription, the Company reserves the right to retain, repurpose, or sell the domain name without further notice.
6.5 Domain transfer requests must be submitted in writing with at least 30 days’ notice.
7. SUBSCRIPTION TERMS
7.1 All services are subject to a minimum subscription term of 24 months.
7.2 Subscription fees shall be paid monthly, with the first payment due on the service commencement date.
7.3 After the initial 24-month term, subscriptions shall automatically renew for successive 12-month periods unless terminated by either party with at least 90 days’ written notice prior to the renewal date.
7.4 The Company reserves the right to increase subscription fees upon renewal with 30 days’ notice.
7.5 Early termination by the Client during the minimum term shall result in all remaining subscription fees becoming immediately due and payable as liquidated damages.
8. INTELLECTUAL PROPERTY
8.1 All intellectual property rights in the Deliverables shall remain the exclusive property of the Company until: (a) The Client has completed the minimum subscription term; (b) All outstanding invoices have been paid in full; and (c) An intellectual property release fee has been paid.
8.2 The Company grants the Client a non-exclusive, non-transferable licence to use the Deliverables solely for the Client’s business purposes for the duration of the agreement.
8.3 The Company reserves the right to use any designs, concepts, or code created during the project for its own portfolio, promotional purposes, or in other client projects.
8.4 The Client warrants that all materials provided to the Company do not infringe any third-party intellectual property rights.
8.5 The Company retains ownership of all development methods, techniques, processes, and source code used to create the Deliverables.
9. HOSTING AND MAINTENANCE
9.1 Website hosting is provided subject to these Terms and applicable third-party provider terms.
9.2 The Company does not guarantee continuous or uninterrupted access to hosting services.
9.3 The Company reserves the right to suspend hosting services for maintenance or upgrades with or without prior notice.
9.4 The Client shall not exceed allocated bandwidth or storage limits. Additional usage shall incur additional charges.
9.5 The Company is not responsible for any data loss, business interruption, or damages resulting from hosting service issues.
9.6 The Company shall perform routine maintenance at its discretion. Extensive maintenance or modifications shall incur additional charges.
10. WEBSITE CONTENT AND USAGE
10.1 The Client is solely responsible for all content published on their website.
10.2 The Client shall not upload or publish any content that is illegal, defamatory, offensive, or infringes third-party rights.
10.3 The Client shall indemnify and hold harmless the Company from any claims arising from website content or use.
10.4 The Client shall not use the website for any illegal purposes or in ways that may damage the Company’s reputation.
10.5 The Company reserves the right to remove any content it considers inappropriate without notice.
11. LIMITATION OF LIABILITY
11.1 The total liability of the Company for any claim under this Agreement shall not exceed the amount paid by the Client in the 12 months preceding the claim.
11.2 The Company shall not be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to: (a) Loss of profit, revenue, anticipated savings, or business opportunity; (b) Loss of goodwill or reputation; (c) Loss of, damage to, or corruption of data; or (d) Business interruption.
11.3 The Company makes no warranties or representations regarding search engine rankings, traffic, sales, conversions, or business performance resulting from the Services.
11.4 The Company shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control.
11.5 No action arising out of this Agreement may be brought by the Client more than one (1) year after the cause of action has accrued.
11.6 These limitations apply to all claims, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory.
12. TERMINATION
12.1 The Company may terminate this Agreement immediately by written notice if: (a) The Client fails to pay any sum due within 14 days of the due date; (b) The Client breaches any provision of this Agreement; (c) The Client becomes insolvent, enters administration or liquidation, or is unable to pay its debts; or (d) The Company reasonably believes the Client is engaging in fraudulent, illegal, or inappropriate activities.
12.2 Upon termination: (a) All licences granted to the Client shall terminate; (b) All outstanding fees shall become immediately due and payable; (c) The Company may disable or remove the Client’s website and delete all associated data; and (d) The Client shall cease using all Company materials and intellectual property.
12.3 Termination shall not affect any rights, remedies, obligations, or liabilities that accrued prior to termination.
13. NO WARRANTIES
13.1 Except as expressly stated in this Agreement, all warranties, conditions, and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
13.2 The Company does not warrant that the Services will meet the Client’s specific requirements or that operation of the website will be uninterrupted or error-free.
13.3 The Client acknowledges that the Company cannot guarantee outcomes in terms of search engine rankings, website performance, or business results.
14. INDEMNIFICATION
14.1 The Client shall defend, indemnify, and hold harmless the Company, its directors, employees, and agents from and against all claims, actions, proceedings, losses, damages, expenses, and costs arising out of or in connection with: (a) The Client’s breach of this Agreement; (b) The Client’s use of the Services or Deliverables; (c) Client-provided content or materials; or (d) Any claim that Client-provided content infringes third-party intellectual property rights.
15. CONFIDENTIALITY
15.1 Each party shall maintain the confidentiality of all confidential information disclosed by the other party.
15.2 The Company may disclose the fact that the Client is a customer and include the Client’s name and logo in marketing materials, unless the Client requests otherwise in writing.
16. DISPUTE RESOLUTION
16.1 The parties shall attempt to resolve any dispute through good faith negotiations.
16.2 If negotiations fail, disputes shall be resolved through binding arbitration conducted by a single arbitrator in accordance with the rules of the Arbitration Act 1996.
16.3 The place of arbitration shall be Prestwick, and the language shall be English.
16.4 The decision of the arbitrator shall be final and binding on both parties.
17. GENERAL PROVISIONS
17.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, representations, or understandings.
17.2 Amendments: The Company reserves the right to amend these Terms and Conditions at any time. Changes will be posted on the Company’s website and shall be effective immediately.
17.3 No Waiver: Failure by the Company to enforce any provision of this Agreement shall not be construed as a waiver.
17.4 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17.5 Assignment: The Client may not assign or transfer any rights under this Agreement without the Company’s prior written consent. The Company may assign its rights to any successor or affiliated entity.
17.6 Notices: All notices shall be in writing and delivered by email, registered mail, or courier to the addresses specified in the Agreement.
17.7 Force Majeure: Neither party shall be liable for failure to perform due to events beyond their reasonable control.
17.8 No Partnership: Nothing in this Agreement shall create a partnership, joint venture, agency, or employment relationship between the parties.
17.9 Third-Party Rights: No person who is not a party to this Agreement shall have any rights to enforce any term of this Agreement.
18. GOVERNING LAW
18.1 This Agreement shall be governed by and construed in accordance with the laws of Scotland.
18.2 The parties submit to the exclusive jurisdiction of the Scottish courts for all purposes relating to this Agreement.
BY ENGAGING THE COMPANY’S SERVICES, THE CLIENT ACKNOWLEDGES THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Last Updated: 13 May 2025
