TERMS & CONDITIONS

Terms and Conditions of Business – PCW Designs

 

1. About these Terms

1.1 These terms (“Terms”) apply to all web design, development, hosting, and related digital services (“Services”) provided by PCW Designs, a subsidiary of PC Workshop Ltd Company registered in England & Wales (company number 09804091, whose registered office is at 1 Salters Road, Gosforth Newcastle upon Tyne NE3 1DH (“we”, “us”, “the Company”). 

1.2 By instructing us, whether via signed proposal, email, or online checkout, you (“Client”) agree to be bound by these Terms. 

1.3 Any different or additional terms proposed by the Client are expressly rejected unless we agree in writing.

 

2. Quotations & Proposals

2.1 Quotations are valid for 30 days unless stated otherwise. 

2.2 A proposal becomes a contract only when signed by both parties or accepted by paying the required deposit. 

2.3 All prices are exclusive of VAT (which will be added at the prevailing rate) and any third‑party costs (e.g., stock images, premium plugins, hosting fees).

 

3. Deposit & Payment Terms

3.1 A non‑refundable deposit of 50%is due before work commences. 

3.2 The balance is due upon completion and before final delivery or launch. 

3.3 For projects over £2,000, staged invoices may be issued (e.g., 50% deposit, 25% at design sign‑off, 25% before launch). 

3.4 Payment is due within 7 days of invoice date. Late payments incur interest at 8% above the Bank of England base rate (Late Payment of Commercial Debts (Interest) Act 1998). 

3.5 We may suspend all work and hosting access until overdue invoices are paid in full.

 

4. Client Responsibilities

4.1 The Client must provide all content (text, images, logos) in a timely, digital format. Delays may extend the project timeline. 

4.2 The Client warrants that they own or have a valid licence for all content supplied and that it does not infringe any third‑party rights (e.g., copyright, trademarks, data protection). 

4.3 The Client is responsible for obtaining any necessary consents under UK GDPR for collecting personal data via the website.

 

5. Design & Development Process

5.1 A specification (“Scope”) will be agreed in the proposal. Any additional features requested after sign‑off will be charged at our then‑hourly rate (£48+ VAT). 

5.2 The Client has 7 days to review and provide feedback on initial designs. After sign‑off, further design changes are chargeable. 

5.3 We test sites in modern browsers (latest two versions of Chrome, Firefox, Safari, Edge). We do not guarantee identical appearance in older browsers.

 

6. Hosting & Third‑Party Services

6.1 Hosting is provided as a separate service under a separate Hosting Agreement or these Terms if stated. 

6.2 We do not guarantee 100% uptime but will use reasonable endeavours to maintain 99.9% availability (excl. scheduled maintenance). 

6.3 We are not liable for downtime, data loss, or security breaches caused by third‑party hosting providers, domain registrars, or CDNs.

 

7. Intellectual Property 

7.1 Ownership of code & design: Upon full payment of all sums due, we assign to the Client the intellectual property rights in the bespoke code and visual design we create (excluding any open‑source software, frameworks, or third‑party assets). 

7.2 We retain the right to display the completed website in our portfolio and case studies unless the Client requests confidentiality in writing before launch. 

7.3 Any pre‑existing tools, libraries, or our proprietary “boilerplate” code remain our property, licensed to the Client for use solely on their website.

 

8. Warranties & Limitation of Liability 

8.1 We warrant that Services will be performed with reasonable skill and care in accordance with industry standards. 

8.2 No other warranties:  To the maximum extent permitted by law, we exclude all implied warranties (e.g., fitness for a particular purpose, error‑free or uninterrupted operation). 

8.3 Limitation of liability:

   - We are not liable for any indirect or consequential loss (e.g., lost profits, reputation, data, or business interruption). 

   - Our total liability for any claim arising from these Terms (whether in contract, tort, or otherwise) is capped at the total fees paid by the Client for the specific project during the 12 months before the claim. 

   - Nothing in these Terms excludes liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by UK law.

 

9. Cancellation & Refunds 

9.1 The Client may cancel within 14 days of signing only if they are a consumer (business clients have no statutory cooling‑off period). 

9.2 For business Clients: if you cancel after work has begun, you must pay for all work completed up to cancellation at our hourly rate, and the deposit is non‑refundable. 

9.3 No refunds will be given for digital deliverables already provided (e.g., designs signed off, code delivered).

 

10. Data Protection (UK GDPR) 

10.1 Both parties comply with data protection law. Our privacy policy is at [URL]. 

10.2 We act as a data processor when we handle any personal data on your behalf (e.g., storing contact form entries, client logins). Our Data Processing Addendum (available on request) applies. 

10.3 We will notify you promptly of any personal data breach affecting your website.

 

11. Termination 

11.1 Either party may terminate with 30 days’ written notice if the other commits a material breach (e.g., non‑payment for 30 days) and fails to remedy within 14 days of written notice. 

11.2 Upon termination, we will provide a final invoice for all work done plus any termination fees (e.g., costs to transfer hosting/files). Source code will be released upon full payment.

 

12. Force Majeure

We are not liable for delays or failures caused by events outside reasonable control (e.g., strikes, cyber‑attacks, changes in law, failure of third‑party software providers).

 

13. Governing Law & Jurisdiction 

These Terms are governed by the laws of England & Wales. Any dispute shall be submitted to the exclusive jurisdiction of the courts of England & Wales (or, if the Client is a consumer, the courts where the Client lives).

 

14. Entire Agreement

These Terms, together with the signed proposal and any agreed addenda, constitute the entire agreement between the parties, superseding all prior discussions.

 

15. Changes to these Terms 

We may update these Terms from time to time for legal or operational reasons. Continued use of our Services after notice of changes constitutes acceptance.

 

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Schedule – Optional Extras

Maintenance Retainer: £25 + VAT per month (includes up to 30 minutes of changes, security updates, weekly backups). 

SEO Monthly Package: From £50 + VAT (includes on‑page optimisation, performance reporting).