The Website Architect – Terms and Conditions

1. Introduction

These Terms and Conditions apply to all services provided by The Website Architect, including but not limited to website design, website development, website hosting support, maintenance, BusinessOS services, CRM setup, automations, funnels, consulting, coaching, and related digital services.

By accepting a proposal, paying an invoice, signing a contract, or using any of our services, you agree to these Terms and Conditions.

2. Definitions

For the purposes of these Terms and Conditions:

“The Website Architect”, “we”, “us”, or “our” means The Website Architect.

“Client”, “you”, or “your” means the business, company, organisation, or person purchasing services from The Website Architect.

“Website Project” means any one-off website design, redesign, development, launch, migration, or related website work.

“BusinessOS Services” means any CRM, automation, funnel, lead management, AI-assisted, messaging, reporting, workflow, or business systems service provided by The Website Architect.

“Monthly Services” means any recurring service billed monthly, including care plans, maintenance, CRM support, BusinessOS support, hosting-related support, optimisation, or similar retained services.

“Third-Party Providers” means any external provider or platform used in the delivery of the service, including but not limited to hosting providers, CRM platforms, email providers, SMS providers, AI providers, payment processors, analytics providers, domain registrars, and software vendors.

3. What Both Parties Agree To Do

You confirm that you have the authority to enter into this agreement on behalf of your company, business, or organisation where applicable.

You agree to provide all content, images, logins, access, approvals, information, and materials needed for us to complete the work, in the format requested and within agreed timescales.

You agree to review our work, provide feedback, request revisions, and approve deliverables in a timely manner. Project deadlines work both ways, and you agree to meet any dates or response times agreed between us.

You also agree to pay all invoices in line with the agreed payment terms.

We confirm that we have the experience and ability to perform the services agreed and that we will carry out the work in a professional and timely manner.

We will always do our best to meet agreed deadlines, but we cannot be responsible for delays caused by late content, delayed approvals, lack of access, third-party provider issues, or any circumstances outside of our control.

We will maintain the confidentiality of any sensitive information you provide to us, except where disclosure is required by law or necessary for the delivery of the agreed services.

4. General Service Terms

The exact scope of the service will be set out in your proposal, quotation, invoice, onboarding documentation, or other written agreement.

Any work outside the agreed scope will be treated as additional work and may be quoted and charged separately.

We may ask for requests, approvals, or amendments to be provided in writing so that changes can be clearly tracked.

If the nature, scope, or function of the project changes significantly after work has begun, we reserve the right to:

• pause the existing work;

• issue a revised quote;

• revise the project timeline;

• treat the current scope as complete up to that point; or

• consider the original project cancelled and require a new agreement for the revised work.

In such cases, all work completed up to that point will be chargeable and payable.

5. Client Responsibilities

You are responsible for:

• ensuring that all content, materials, instructions, and information supplied to us are accurate and lawful;

• supplying all required content, approvals, and access on time;

• reviewing and approving work promptly;

• ensuring that your own internal processes, disclaimers, contracts, privacy documentation, and legal compliance are appropriate for your business;

• backing up any data, emails, content, or systems before migrations, transfers, or changes;

• ensuring your staff or team use any delivered system or training correctly after handover.

Where access to third-party systems is required, you are responsible for ensuring we are granted the necessary permissions and access rights.

6. Website Projects

6.1 Design

Where we are designing your website or application, we will create the design for the look, feel, layout, and functionality based on the agreed brief.

Unless otherwise stated in writing, a standard website project includes one main design concept and up to two rounds of revisions.

If you are not happy with the work at that stage, you will pay for all work completed up to that point. You may then either end the project or continue with further revisions at our standard rate.

6.2 Development, HTML and CSS

Where a project includes development work, we will build the site using modern development practices appropriate to the agreed project.

We test websites on current versions of major desktop browsers and on commonly used modern devices. We design and build for current technology, not outdated software.

Users of older or less capable browsers or devices may experience a version of the site that is limited by the capabilities of their software.

Unless otherwise agreed in writing, we do not test or support old, outdated, or abandoned browsers.

6.3 Text Content

Unless explicitly included in the quote or proposal, copywriting, copy editing, and content entry are not included in the project price.

If we assist with writing, formatting, or entering text content, this may be quoted and charged separately.

6.4 Images and Photographs

You are responsible for supplying photographs and images in suitable digital format unless otherwise agreed.

If stock image sourcing is required, any time spent sourcing or licensing imagery may be charged separately unless included in your proposal.

You are responsible for ensuring you have the right to use any images, text, logos, trademarks, or other materials you ask us to include.

6.5 Testing and Launch

We will test the website before launch based on the agreed scope. Once the website has been tested and is ready to go live, it will be treated as complete for invoicing purposes, even if you have not yet supplied final content and placeholder content remains in place.

Where placeholder content is used because final content has not been supplied, this does not mean the work is incomplete.

7. Small Business and Start-Up Websites

Where a project is sold as a small business website, start-up website, or budget website package, the following terms apply unless otherwise stated in writing:

• 75% of the total project fee is payable upfront before work begins;

• the remaining 25% is payable before the website goes live;

• one round of revisions is included;

• all revision requests must be submitted together in one email or one written list;

• any further changes after that revision round will be chargeable.

We will keep the website updated and check for errors for the first 30 days after launch unless otherwise agreed. After that period, responsibility passes to the website owner unless a maintenance or care plan is in place.

8. BusinessOS, CRM, Automation and Monthly System Services

Where The Website Architect provides BusinessOS services, CRM setup, pipeline creation, workflow automations, forms, funnels, calendars, AI-assisted tools, reporting dashboards, lead management systems, messaging systems, or related digital systems, the following terms apply in addition to the rest of this agreement.

8.1 Scope of BusinessOS Services

The exact scope of BusinessOS services will be set out in your proposal, invoice, onboarding documentation, or written agreement.

BusinessOS services may include, but are not limited to:

• CRM setup;

• pipeline creation;

• workflow automations;

• lead management systems;

• forms and surveys;

• landing pages and funnels;

• calendar integrations;

• email, SMS, or messaging automations;

• reporting dashboards;

• AI-supported tools;

• system optimisation and support.

Any work outside of the agreed scope will be treated as additional work and may be quoted separately.

8.2 Client Responsibilities for BusinessOS Services

You agree to provide all information, approvals, logins, access, and materials needed for us to complete the setup and ongoing delivery of BusinessOS services.

This may include access to:

• your website;

• domain and DNS;

• hosting platform;

• email systems;

• phone numbers;

• calendars;

• social media accounts;

• advertising accounts;

• payment systems; and

• third-party software connected to the service.

You are responsible for:

• ensuring the information you provide is accurate and up to date;

• reviewing and approving messaging, workflows, automations, forms, and customer communications where approval is requested;

• ensuring your business processes and customer communications are legally compliant;

• making sure your staff use the system correctly after training or handover.

8.3 Third-Party Platforms and Providers

BusinessOS and related services may depend on third-party software, integrations, email providers, SMS providers, AI providers, hosting providers, calendar platforms, payment processors, or other external services.

We are not responsible for outages, downtime, account restrictions, delivery failures, integration failures, price increases, service changes, policy changes, suspended accounts, or the conduct of third-party providers.

Any costs, fees, subscriptions, usage charges, or licence fees charged by third-party providers may be your responsibility unless expressly included in writing.

8.4 Data Protection and Customer Data

You remain responsible for all customer, lead, prospect, and business data collected, stored, or processed through your website, CRM, forms, automations, funnels, or connected systems.

Where we handle personal data on your behalf as part of providing the service, we do so only as needed to provide the agreed services.

You are responsible for ensuring that:

• you have the appropriate lawful basis to collect and use personal data;

• you have appropriate privacy notices and policies in place;

• you have any required permissions or consents for marketing communications;

• your use of personal data complies with applicable data protection and marketing laws.

We will take reasonable care when handling data and access, but we are not responsible for your legal compliance, your privacy documentation, or the way your business uses the system once it is live.

8.5 Marketing, Email, SMS and Messaging

Where BusinessOS services include email campaigns, SMS campaigns, WhatsApp messaging, reminders, lead nurture sequences, follow-up automations, or related communications, you are solely responsible for ensuring that your contact lists have been obtained lawfully and that you have the right permissions or lawful basis to contact those individuals or businesses.

We are not responsible for complaints, penalties, account restrictions, spam complaints, deliverability problems, or claims arising from the way you collect, store, or use your contact data or communications.

8.6 AI and Automation Tools

Where AI-generated content, automated responses, summaries, workflows, chat tools, or decision-support automations are included, these are support tools only.

AI and automation are not guaranteed to be accurate, complete, compliant, suitable for every purpose, or error-free. You remain responsible for reviewing customer-facing messaging, business decisions, pricing, sensitive communications, and operational outputs before use.

We are not liable for loss, damage, missed opportunities, or claims arising from inaccurate, incomplete, delayed, or inappropriate AI or automated outputs.

8.7 No Guarantee of Results

We do not guarantee any particular commercial outcome from BusinessOS or related services.

This includes, but is not limited to:

• lead volumes;

• sales;

• bookings;

• customer response rates;

• marketing performance;

• email open rates;

• deliverability;

• SEO rankings;

• cost savings;

• business growth; or

• return on investment.

Results depend on many factors outside our control, including your offer, pricing, team, sales process, follow-up, market conditions, advertising, usage of the system, and the quality of your own business operations.

8.8 Intellectual Property and Licence

You own your own business data, contact records, and content that you provide to us.

We retain ownership of our internal methods, systems, templates, frameworks, automation logic, workflows, snapshots, code, setup methods, training materials, and proprietary processes unless expressly assigned in writing.

You are granted a non-exclusive, non-transferable licence to use the delivered setup for your own business only, subject to all invoices being paid in full.

You may not copy, reproduce, resell, distribute, sub-license, or reuse our systems, templates, workflows, frameworks, or service structure for any commercial purpose without written permission.

8.9 Monthly Services and Rolling Agreements

Where BusinessOS or related support is provided on a monthly basis, the service will continue on a rolling monthly basis unless otherwise agreed in writing.

Unless otherwise set out in your proposal or invoice:

• monthly services renew automatically each month;

• 30 days’ written notice is required to cancel;

• fees remain payable during the notice period;

• fees are payable whether or not you actively use the system during the billing period.

8.10 Non-Payment and Suspension

If any invoice remains unpaid, we reserve the right to suspend some or all of the service immediately.

This may include:

• CRM access;

• automations;

• forms and landing pages;

• support;

• connected services;

• reporting tools;

• messaging systems; or

• related software access.

If payment is not brought up to date, we may disable services, remove access, or terminate the agreement.

Any reactivation, restoration, troubleshooting, or rebuild work required following suspension may be chargeable.

8.11 Offboarding and Handover

If you choose to end your BusinessOS or monthly service, we will provide reasonable handover information once all outstanding invoices have been paid.

Unless otherwise agreed in writing:

• handover support is chargeable;

• exports and migration support are chargeable;

• we are not responsible for rebuilding your setup on another platform;

• we are not responsible for third-party transfer issues, downtime, or losses during migration;

• licences, templates, and tools owned by us may be removed at the end of the service.

9. Hosting, Technical Support and Third-Party Environments

You may already have your own hosting or technical setup. If your hosting environment does not support the agreed solution, we may recommend or help set up a suitable third-party hosting provider.

Any one-off setup or installation work may be charged separately.

Unless expressly included in a care plan or monthly service agreement, ongoing hosting support, email support, server management, technical support, and third-party service support are not included.

We are not a hosting company and cannot accept responsibility for the actions, failures, downtime, security issues, policy changes, or service issues of third-party providers.

10. Malware, Security, Attacks and Backups

While we take reasonable care and use current tools and practices where possible, no website, software, hosting environment, plug-in, or online system can ever be guaranteed to be completely secure or free from risk.

It is the responsibility of the website or system owner to ensure that their site or system is properly maintained, backed up, secured, and monitored after handover or outside the scope of any agreed maintenance package.

We are not responsible for malware, hacks, attacks, viruses, data breaches, corrupt files, service interruptions, or loss caused by third-party systems, outdated software, weak passwords, client-side changes, or failures to maintain the system.

Where we provide maintenance or care plans, we will take reasonable care to keep agreed software updated within the scope of that package, but we do not guarantee that attacks, malware, or security incidents will never occur.

No refunds will be given if a site or system becomes subject to attack.

11. Transfers to Our Server

If your website, DNS, or related services are transferred to a provider recommended or used by us, we will do our best to make the process as smooth as possible.

However, technology and third-party providers can be unpredictable, and we cannot guarantee an instant or disruption-free transfer.

Domain, DNS, and email changes can take time to propagate and may sometimes take up to 24 hours or longer.

We accept no liability for downtime, delay, or disruption caused during the transfer process where this is outside our control.

You are responsible for backing up your emails, files, content, and systems before any transfer begins.

We are not liable for lost emails, lost time, lost sales, or disruption caused during a migration or transfer process.

12. Transfers Away from Our Server or Systems

If you choose to move your website, hosting, or other services away from our recommended providers or systems, we will do our best to support a smooth transition where reasonably possible.

Unless otherwise agreed in writing:

• we will provide your website files and database where applicable once all outstanding invoices have been paid;

• we are not responsible for uploading your website or systems to your new provider;

• setup on a new server or system is your responsibility unless separately quoted;

• we will remove backups and data from our systems within a reasonable period after transfer unless required to retain them for legal or administrative purposes.

If your site relies on licences, premium tools, or software owned or paid for by us, including but not limited to Elementor Pro or similar licences, we reserve the right not to renew or continue those licences once the service ends.

If you wish to continue using any such software, you may need to purchase your own licence or pay the applicable renewal fee where offered.

13. Monthly Maintenance Packages and Care Plans

Where you purchase a monthly maintenance package or care plan, we will provide the support specifically included within that package.

Unless otherwise agreed in writing:

• monthly maintenance and care plans are rolling monthly services;

• they renew automatically each month;

• 30 days’ written notice is required to cancel;

• the notice period runs from the date notice is received or from the next billing cycle, depending on the structure of the package;

• fees remain payable throughout the notice period.

Care plans and maintenance packages only cover the items specifically included in that plan and do not include redesigns, redevelopment, new features, major content changes, or strategy work unless stated.

14. Coaching and Consulting

Where coaching, consulting, advisory work, or strategy sessions are provided, we will use our experience and judgement to support you to the best of our ability.

However, we cannot guarantee specific outcomes, business results, performance improvements, revenue increases, rankings, or success of any kind.

You remain solely responsible for the decisions you make in your business and for any actions you take based on our advice.

15. SEO and Search Visibility

Unless SEO services are specifically included in your quote or proposal, a website project does not include ongoing SEO strategy, ongoing search optimisation, or any guarantee of rankings.

We may build your website in a way that supports good SEO foundations, but this does not mean your website will appear on page one of Google or in any particular position in search results.

SEO is an ongoing and long-term activity affected by many factors outside our control, including competition, content, backlinks, user behaviour, search engine algorithms, and market conditions.

We do not guarantee rankings, traffic, leads, or any search result position.

16. Emails and Email Setup

Where email services or migrations are part of the project, we may assist with transitions and provide guidance where possible.

However, unless expressly agreed in writing, we are not responsible for configuring email accounts on your devices, computers, phones, or internal systems.

We may provide tutorial materials or guidance, but the final setup of email accounts on your devices is your responsibility.

You are responsible for backing up your emails and ensuring continuity before any migration or DNS change.

17. Your New Website After Launch

At the end of every website project, there is a 30-day support period unless otherwise agreed.

During this period, we will fix genuine bugs or technical issues relating to the agreed scope, provided they are reported to us promptly.

This support period does not include:

• new features;

• redesigns;

• content changes;

• additional pages;

• new functionality;

• strategy changes; or

• issues caused by client edits, misuse, or third-party changes.

If you choose not to take out a maintenance or care plan after launch, you are responsible for keeping your website and software updated, secure, and maintained.

If you or your team make changes that break the website, any fixes will be chargeable.

18. Project Delays and Dormancy

If you fail to provide content, approvals, information, access, or feedback needed to progress the work for 30 days or more, we may pause the project.

If the project remains inactive for 60 days or more, we may treat it as dormant or closed.

Any restart of a dormant project may require:

• a revised schedule;

• a revised quote;

• additional fees; and/or

• a new agreement.

Any work already completed up to that point remains chargeable.

19. Intellectual Property and Copyright

You guarantee that any elements of text, images, graphics, logos, trademarks, designs, or other materials you provide are either owned by you or that you have permission to use them.

Once final payment has been received in full:

• you own the final graphics and visual elements created specifically for your project, unless otherwise agreed;

• you own your own text content, photographs, and materials supplied by you;

• we retain ownership of our own code, frameworks, methods, templates, systems, workflows, and proprietary materials unless expressly assigned in writing.

We grant you a licence to use any code, systems, or materials supplied by us only for the project or service for which they were created, unless otherwise agreed.

We reserve the right to display completed work in our portfolio, marketing, case studies, social media, presentations, and promotional materials, and to write about the project unless otherwise agreed in writing.

We are not required to store your files indefinitely or provide native source files unless agreed.

20. Payment Terms

The payment terms for your service will be set out in your proposal, invoice, or written agreement.

Unless otherwise agreed in writing, one of the following structures will apply depending on the service purchased.

20.1 Standard Website Projects

For standard website projects:

• 50% deposit is payable upfront before work begins;

• 30% is payable once design and functionality have been agreed;

• 20% is payable once the website has been tested and is ready to go live.

20.2 Small Business or Start-Up Website Projects

For small business or start-up website packages:

• 75% is payable upfront before work begins;

• 25% is payable before the website goes live.

20.3 Alternative Written Agreements

Where a proposal, invoice, or written agreement states a different payment schedule, that written agreement will take precedence for that service.

20.4 Monthly Services

Monthly services are billed in advance unless otherwise agreed and must be paid on time in accordance with the invoice.

20.5 Final Invoices and Placeholder Content

If a website has been built, tested, and is ready to launch, we may issue the final invoice even if final content has not been supplied and placeholder content remains in place.

Once the final invoice is paid, we will hand over the completed work or provide the agreed next steps.

If final invoices are not paid by the due date, we are under no obligation to continue the project, keep the site on any testing server, provide access, complete launch, or provide handover.

20.6 Late Payments

Payments must be made by the due dates shown on the invoice.

We reserve the right to charge interest on overdue invoices at a rate of 4% above the Bank of England base rate, in accordance with applicable law.

20.7 Non-Payment

If you default on any payment, we reserve the right to pause or suspend ongoing services, hosting-related support, website access, CRM access, automations, maintenance, care plans, and other active services until payment is cleared.

Where a payment plan has been agreed and you fail to maintain repayments, we reserve the right to invoice the full outstanding balance, payable within 7 days.

21. Refunds

All deposits are non-refundable.

Monthly fees are non-refundable once the billing period has started.

Where work has already been booked, scheduled, partially completed, completed, delivered, or made available, refunds will not be given for that portion of the service.

If you request a refund, you must raise this promptly in writing. Any refund offered will be at our sole discretion unless otherwise required by law.

If you pay a deposit but do not begin work or schedule the project within 6 months, we reserve the right to re-quote the work or charge again when you are ready to begin.

22. Limitation of Liability

We will always act in good faith and with reasonable care.

However, we cannot guarantee that websites, automations, forms, integrations, hosting environments, email systems, AI tools, software, or completed digital services will always be uninterrupted, secure, or error-free.

To the fullest extent permitted by law, The Website Architect will not be liable for:

• loss of profit;

• loss of business;

• loss of savings;

• loss of data;

• lost opportunities;

• lost leads;

• interrupted service;

• downtime;

• missed launch dates caused by factors outside our control; or

• indirect, incidental, special, or consequential losses.

This applies even if you have advised us of the possibility of such losses.

23. Legal Compliance

You are responsible for ensuring that your own business, website content, offers, communications, policies, disclaimers, data practices, marketing activities, and legal documentation comply with the laws and regulations relevant to your business.

Nothing provided by The Website Architect constitutes legal advice, financial advice, or regulatory advice.

24. Severability and Transfer

If any provision of this agreement is found to be unlawful, invalid, or unenforceable, that provision will be treated as severable and the remainder of the agreement will continue in full force.

You may not transfer, assign, or pass this agreement to another person or business without our written permission.

25. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of England and Wales.

Any dispute arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.