Terms and Conditions

1. About these terms

These Terms and Conditions govern:

• Your use of the SPA Web Design website;
• Website design, development, hosting, maintenance, support and design and print services supplied by SPA Web Design Limited;
• Downloads and use of free WordPress plugins;
• Purchases, licences, updates and support relating to paid WordPress plugins; and
• Purchases made through the website.

By using this website, accepting a quotation, instructing SPA Web Design to begin work, downloading a plugin or placing an order, you agree to the applicable parts of these terms.

A separate quotation, proposal, statement of work, licence description or written agreement may contain additional terms. If there is a conflict, the more specific written agreement will take priority for that particular service or purchase.

2. Business details

This website is operated by:

SPA Web Design Limited
Registered in England and Wales
Company number: 04655978
VAT registration number: GB 812 6494 30
ICO registration number: ZA914675

Registered office:
1623 Warwick Road
Knowle
Solihull
England
B93 9LF

Correspondence address:
52 Warwick Road
Southam
Warwickshire
England
CV47 0HW

Email: contact@spawebdesign.co.uk
Telephone: 01926 888 981

References to “SPA Web Design”, “we”, “us” or “our” mean SPA Web Design Limited. References to “you” or “your” mean the person, business or organisation using the website, purchasing a product or engaging our services.

3. Using this website

You may use this website for lawful purposes and to obtain information about SPA Web Design’s products and services.

You must not:

• Attempt to gain unauthorised access to the website, server, customer accounts or connected systems;
• Introduce malware, malicious code or other harmful material;
• Interfere with the operation or security of the website;
• Scrape, reproduce or commercially exploit website content without permission;
• Use forms to send spam, abusive, unlawful or misleading material;
• Misrepresent your identity or authority to act for another person or organisation; or
• Use the website in a way that infringes another person’s rights.

Access may be restricted or blocked where reasonably necessary to protect the website, its users or SPA Web Design.

4. Website information

SPA Web Design takes reasonable care to keep the information on this website accurate and current. However, general website content is provided for information only and should not be treated as professional, legal, financial or technical advice relating to your particular circumstances.

Website content, product features, prices and availability may be changed without notice. This does not affect an order or contract that has already been accepted.

5. Quotations and formation of a contract

Quotations are based on the information and requirements supplied at the time they are prepared. Unless the quotation states otherwise, it remains valid for 30 days.

A contract is formed when one of the following occurs:

• You accept a quotation or proposal in writing;
• You instruct SPA Web Design to begin work;
• You pay a requested deposit or invoice; or
• SPA Web Design confirms acceptance of your online order.

SPA Web Design may decline an enquiry or order before a contract has been formed.

Any work outside the agreed scope may require a revised quotation or additional charge. SPA Web Design will normally explain the additional work and obtain approval before proceeding.

6. Prices, VAT and payment

Prices will be stated in the relevant quotation, invoice or product page.

Unless expressly stated otherwise:

• Prices exclude VAT, which will be added at the applicable rate;
• Payment must be made by the date shown on the invoice;
• Deposits and staged payments will be set out in the quotation;
• Third-party costs may be charged separately; and
• Work may be paused if an invoice becomes overdue.

For business customers, SPA Web Design reserves the right to claim statutory interest and reasonable recovery costs on overdue payments where permitted by law.

You must notify SPA Web Design promptly if you believe an invoice is incorrect. Undisputed amounts remain payable by their due date.

7. Website design and development services

Website work will be completed according to the agreed quotation or project specification.

Unless included expressly, a website project does not automatically include:

• Copywriting;
• Logo or graphic-identity design;
• Professional photography;
• Ongoing search-engine optimisation;
• Paid advertising;
• Hosting or maintenance after launch;
• Premium themes, plugins or licences;
• Bespoke integrations;
• Data entry beyond the agreed allowance;
• Accessibility auditing or certification;
• Legal or regulatory advice; or
• Unlimited alterations.

SPA Web Design will exercise reasonable care and skill when providing services but cannot guarantee particular search rankings, visitor numbers, sales, enquiries or other commercial outcomes.

8. Your responsibilities

You agree to:

• Provide accurate instructions and information;
• Supply content, images, branding and access details when reasonably required;
• Respond to questions, proofs and approval requests within a reasonable time;
• Ensure that supplied material is accurate, lawful and suitable for publication;
• Obtain permission to use any material supplied to SPA Web Design;
• Review the website and report errors during the review period;
• Keep independent copies of important content and business information; and
• Pay agreed fees and third-party costs when due.

Delays in supplying information, access, feedback or approval may affect delivery dates. SPA Web Design will not be responsible for delays caused by matters outside its reasonable control.

9. Content supplied by you

You retain ownership of content, photographs, logos and other material that you supply.

You grant SPA Web Design permission to copy, edit, adapt and use that material as reasonably necessary to provide the agreed services.

You confirm that:

• You own the material or have permission to use it;
• Its use will not infringe copyright, trademark, privacy or other rights;
• It is not unlawful, defamatory, misleading or malicious; and
• Any personal information within it has been collected and supplied lawfully.

You are responsible for reviewing final wording, prices, contact details, legal notices and factual claims before publication.

10. Changes and revisions

The number and scope of revisions included in a project will be stated in the quotation.

Requests that materially change the agreed design, functionality, content volume or project scope may be treated as additional work. This may include reversing previously approved work or adding requirements that were not disclosed before the quotation was accepted.

Minor corrections identified during the agreed review stage will normally be completed as part of the project.

11. Approval and website launch

You will be given a reasonable opportunity to review the website before launch.

Approval may be given expressly or inferred where you instruct SPA Web Design to publish the website. Once approved and launched, subsequent changes may be chargeable unless covered by a maintenance agreement or required to correct a fault in the agreed work.

You remain responsible for checking the published website, particularly:

• Contact details;
• Prices and product information;
• Forms and email recipients;
• Legal wording;
• Dates and event information; and
• Links to third-party services.

12. Intellectual property

Unless otherwise agreed, ownership of bespoke website design and content created specifically by SPA Web Design will transfer to you once all related invoices have been paid in full.

The following do not transfer to you:

• Pre-existing SPA Web Design tools, code, methods and reusable components;
• Third-party software, themes, plugins, fonts, images and libraries;
• Open-source software;
• Software licensed rather than sold;
• Drafts, unused concepts and working files; and
• SPA Web Design’s name, trademarks and branding.

Third-party and open-source components remain subject to their respective licences.

Unless confidentiality has been agreed, SPA Web Design may identify itself in the website footer and display completed work in its portfolio and marketing. You may ask for this to be omitted where there is a reasonable commercial or confidentiality concern.

13. Third-party products and services

Websites may depend on services supplied by third parties, including:

• WordPress;
• Elementor;
• Themes and plugins;
• Domain registrars;
• Hosting companies;
• Payment providers;
• Email services;
• Google services;
• External APIs; and
• Printing and delivery companies.

Those services are governed by their providers’ own terms, availability and technical requirements.

SPA Web Design is not responsible for a third party changing, withdrawing or restricting its service, increasing its prices, introducing incompatibilities or suffering an outage. Where practical, SPA Web Design will help identify an appropriate solution, but resulting work or replacement licences may be chargeable.

14. Hosting and maintenance

Hosting, backups, software updates, security monitoring and ongoing support are only included where stated in the quotation or covered by a separate hosting or maintenance agreement.

No hosting service can guarantee uninterrupted availability or complete protection from malicious activity. Maintenance and security measures reduce risk but cannot eliminate every vulnerability, incompatibility or service interruption.

Where SPA Web Design does not provide ongoing maintenance, you are responsible after handover for:

• Renewing hosting, domains and licences;
• Maintaining secure passwords;
• Updating WordPress, themes and plugins;
• Maintaining suitable backups;
• Monitoring website security;
• Checking forms and email delivery; and
• Ensuring the website remains lawful and accurate.

Hosting or support may be suspended where invoices remain overdue, where continued operation presents a security risk or where the service is being used unlawfully.

15. Domains, email and licences

Domain names, email services and premium software licences may be registered or purchased on your behalf.

You are responsible for providing accurate registration details and paying renewal charges when due.

SPA Web Design is not responsible for the loss of a domain, email service or software entitlement caused by:

• Failure to pay a renewal charge;
• Incorrect contact information;
• Failure to respond to renewal notices;
• Suspension by the relevant provider; or
• A decision by the provider or registry outside SPA Web Design’s control.

Where possible, domains and accounts intended for your ownership will be registered in your name or transferred to you after outstanding invoices have been paid.

16. Design and print services

Design and print work will be produced according to the agreed specification and approved proof.

You are responsible for checking proofs carefully, including:

• Spelling and grammar;
• Names and contact details;
• Dates, prices and quantities;
• Page order;
• Dimensions and folds;
• Image quality; and
• Legal or regulatory wording.

Once a proof has been approved and sent for production, it may not be possible to amend or cancel the order.

Printed colours may vary from colours displayed on a monitor. Reasonable differences caused by printing processes, materials, finishing and screen calibration will not normally constitute a defect.

Delivery times are estimates unless expressly guaranteed. SPA Web Design is not responsible for delays caused by printers, couriers, supply shortages or circumstances outside its reasonable control, although reasonable efforts will be made to resolve problems.

If printed products are faulty or do not materially match the approved specification, notify SPA Web Design promptly and retain the products and packaging for inspection.

17. Free WordPress plugins

Free plugins are provided for use subject to the licence included with the relevant plugin.

Free plugins may have limitations, including limits on reports, features, exports, support, updates or the number of permitted installations.

Unless expressly stated:

• No customer account is required to download a Free plugin;
• Free support is provided at SPA Web Design’s discretion;
• No response or resolution time is guaranteed;
• Features may be changed, withdrawn or moved to a paid edition; and
• Compatibility with every theme, plugin, server or WordPress configuration is not guaranteed.

Nothing in these terms overrides rights granted under an applicable open-source licence.

18. Paid plugins and licence keys

Paid plugins are licensed, not sold outright. The relevant product page will state:

• The features included;
• The number of websites covered;
• The licence duration;
• Whether renewal is automatic;
• The price and billing frequency;
• The updates and support provided; and
• Any restrictions applying to the licence.

A licence key may be limited to the number of website activations included in the purchased plan. You must not share, sell or misuse a licence key or use it to obtain updates or support for installations not covered by the licence.

Where a subscription expires or is cancelled, the installed plugin may continue functioning unless otherwise stated. However, access to updates, downloads, licence activation and support may end. Continued use of an outdated plugin may create compatibility or security risks.

Any open-source code contained within a plugin remains subject to its applicable open-source licence. Licence-key restrictions relate primarily to access to commercial updates, services and support and do not remove rights granted by an applicable open-source licence.

19. Plugin requirements and compatibility

Plugin requirements will be stated on the relevant product page or documentation.

You are responsible for confirming that your website meets those requirements before installation. This may include an appropriate version of:

• WordPress;
• PHP;
• Formidable Forms;
• WooCommerce; or
• Other required software.

Before installing or updating a plugin, you should create a complete backup and, where practical, test the change on a staging website.

SPA Web Design does not guarantee compatibility with every hosting environment, theme, plugin, custom code or future third-party update.

Support for a SPA Web Design plugin does not include general support for WordPress, Formidable Forms, WooCommerce, hosting, email delivery or unrelated third-party products unless separately agreed.

20. Plugin updates and support

Updates may include compatibility changes, security improvements, corrections and new features.

Updates and support for paid plugins are available only while the relevant licence or subscription is active, unless the product page states otherwise.

Support is limited to the SPA Web Design plugin itself. It does not ordinarily include:

• Installing or configuring unrelated software;
• Repairing hosting or server problems;
• Resolving conflicts caused by third-party custom code;
• Bespoke modifications;
• Recovering lost data; or
• Training in third-party products.

Bespoke assistance may be available under a separate quotation.

21. Customer accounts

You are responsible for maintaining the confidentiality of your customer-account credentials and for activity carried out through your account.

You must provide accurate account information and notify SPA Web Design promptly if you believe your account or licence key has been compromised.

SPA Web Design may suspend an account where reasonably necessary to investigate fraud, misuse, a security incident, payment dispute or breach of these terms.

22. Online orders and payment

WooCommerce is used to manage online orders, accounts, downloads and licences. Payments are processed securely through Stripe.

An order acknowledgement does not necessarily mean an order has been accepted. A contract is formed when payment is accepted and SPA Web Design confirms the order or makes the purchased digital content available.

SPA Web Design may cancel and refund an order before fulfilment where:

• A product was incorrectly priced or described;
• Payment could not be authorised;
• Fraud or misuse is reasonably suspected;
• The product is unavailable; or
• The order cannot lawfully be completed.

You are responsible for ensuring that billing, email and account information is correct.

23. Digital delivery

Plugins and other digital products are normally supplied by account download, secure link or email after successful payment.

You are responsible for:

• Providing a valid email address;
• Retaining your order confirmation and account credentials;
• Downloading and safely storing purchased files;
• Checking technical requirements before installation; and
• Preventing unauthorised use of your account or licence key.

Delivery may occasionally be delayed by payment checks, technical faults, maintenance or security reviews.

24. Consumer cancellation rights

This section applies only where you are purchasing as a consumer rather than wholly or mainly for business purposes.

Consumers entering into a distance contract will normally have a 14-day cancellation period. Different rules apply once digital content is supplied or services begin.

Where you request immediate access to a plugin or another digital download during the cancellation period, you may be asked to:

• Give express consent for delivery to begin immediately; and
• Acknowledge that you will lose the statutory right to cancel once delivery begins.

Where you ask SPA Web Design to begin providing a service during the cancellation period, you may be required to pay a proportionate amount for work completed before cancellation.

Nothing in these terms affects statutory remedies where digital content, goods or services are faulty, not as described or not supplied with the standard required by law.

Before completing a digital purchase, the checkout should obtain the required express consent and acknowledgement. UK distance-selling rules require businesses to provide cancellation information before an order is placed. GOV.UK distance-selling guidance

25. Refunds

Refund eligibility depends on the product or service purchased, the reason for the request and whether work or digital delivery has begun.

Refunds will not normally be provided merely because:

• You changed your mind after consenting to immediate digital delivery;
• Your website does not meet published technical requirements;
• A third-party product or hosting environment causes a conflict;
• You no longer require the product; or
• You failed to cancel a clearly disclosed subscription before renewal.

This does not exclude any right to a refund, repair, replacement, price reduction or other remedy provided by applicable law.

Additional details may be provided in SPA Web Design’s separate Refund Policy, which forms part of these terms.

26. Cancellations of bespoke work

You may ask to cancel a website, design, print or other bespoke project by providing written notice.

You will be responsible for:

• Work completed up to the cancellation date;
• Time reasonably committed to the project;
• Non-refundable third-party costs;
• Products already ordered or sent to production; and
• Any cancellation charge set out in the accepted quotation.

Any unused balance will be refunded where appropriate after these amounts have been deducted.

SPA Web Design may terminate a project if you materially breach the agreement, fail to pay an invoice, repeatedly fail to provide required information or request unlawful or inappropriate work. Where practical, you will first be given an opportunity to resolve the issue.

27. Confidentiality

Each party will take reasonable care to protect confidential information received from the other and will not disclose it except:

• As necessary to provide or receive the services;
• To professional advisers or service providers under appropriate obligations;
• Where the information is already public through no breach of confidence; or
• Where disclosure is required by law.

You should use a secure method rather than ordinary email or website forms when providing passwords or particularly sensitive information.

28. Data protection

Personal information is processed as described in the SPA Web Design Privacy and Cookie Policy.

Where SPA Web Design processes personal information solely on your behalf as part of hosting, maintenance, website management or another service, additional data-processing terms may be required.

You remain responsible for ensuring that personal information collected through your website is processed lawfully and that your website has appropriate privacy information, cookie controls and security procedures.

29. Warranties and availability

SPA Web Design will provide paid services with reasonable care and skill.

However, except where the law provides otherwise, SPA Web Design does not guarantee that:

• The website or a plugin will always be available or error-free;
• Every defect or incompatibility can be corrected;
• A website will be immune from malicious activity;
• Third-party services will remain available;
• A plugin will remain compatible with every future software version; or
• Use of a website or plugin will produce a particular business result.

Planned maintenance, emergency repairs, third-party outages and circumstances outside reasonable control may temporarily affect availability.

30. Limitation of liability

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation; or
• Any statutory consumer right that cannot lawfully be excluded.

For business customers, SPA Web Design will not be liable for indirect or consequential loss or for loss of profit, revenue, business, anticipated savings, goodwill, opportunity or data, except where such exclusion is prohibited by law.

For business customers, SPA Web Design’s total aggregate liability arising from a particular product, project or service will not exceed the total amount paid to SPA Web Design for that product, project or service during the 12 months preceding the event giving rise to the claim, except where a different limitation is agreed in writing or such a limitation is prohibited by law.

You are responsible for maintaining appropriate backups, business-continuity arrangements and security procedures.

Consumer rights and remedies provided by law remain unaffected.

31. Events outside reasonable control

SPA Web Design will not be responsible for delay or failure caused by circumstances outside its reasonable control, including:

• Internet, hosting or infrastructure failure;
• Cyberattack or malicious activity;
• Failure of a third-party supplier;
• Industrial action;
• Fire, flood, severe weather or natural disaster;
• War, civil disturbance or governmental action;
• Changes in law or regulation; or
• Shortage or interruption of essential services.

SPA Web Design will take reasonable steps to reduce the effect of the event and resume performance where practicable.

32. External links

This website may link to third-party websites and services. Links are provided for convenience and do not imply endorsement.

SPA Web Design is not responsible for third-party content, security, availability, products, terms or privacy practices. You should review the relevant provider’s terms before using its service.

33. Changes to these terms

SPA Web Design may update these Terms and Conditions to reflect changes to services, products, providers, legal requirements or business practices.

The latest version will be published on this website with an updated date.

Changes will not retrospectively alter an existing contract unless agreed or required by law. Customers will be notified where a change materially affects an active subscription or service.

34. No waiver and severability

If SPA Web Design does not immediately enforce a provision of these terms, that does not waive the right to enforce it later.

If any provision is found to be invalid or unenforceable, the remaining provisions will continue in effect.

35. Third-party rights

Unless expressly stated otherwise, these terms do not give any person who is not a party to the relevant contract a right to enforce them.

36. Governing law and jurisdiction

These terms and any dispute or claim arising from them are governed by the laws of England and Wales.

For business customers, the courts of England and Wales will have exclusive jurisdiction.

If you are a consumer, you retain any mandatory right to bring proceedings in the part of the United Kingdom or other jurisdiction in which you live.

37. Contact

Questions about these terms should be sent to:

SPA Web Design Limited
52 Warwick Road
Southam
Warwickshire
England
CV47 0HW

Email: contact@spawebdesign.co.uk
Telephone: 01926 888 981