1About these terms
These terms apply to your use of kingswinford.digital, our free tools, the client dashboard, and the services provided by Kingswinford Digital (“we”, “us”, “our”), based in Kingswinford, West Midlands, United Kingdom.
By using the site or our services, you agree to these terms. If you are agreeing on behalf of a business, you confirm that you have authority to do so. Please also read our privacy policy, which explains how we handle your information.
2Proposals and agreeing to work
Every project we take on is bespoke, so there are no fixed prices on this site. After an enquiry, website plan or discovery call, we will send you a written proposal setting out the scope, timescales, price and payment schedule.
A contract is formed when you accept the proposal in writing (email is fine) or pay the first invoice. The proposal and these terms together make up our agreement. If anything in a proposal conflicts with these terms, the proposal wins.
Submitting an enquiry, completing a website plan, booking a call or running a free audit does not commit you to anything.
3Working together
To keep your project on track, you agree to:
- provide content, images, logins and feedback within reasonable timescales;
- make sure you have the right to use any text, images, logos or other material you give us;
- review and approve work at each agreed stage.
If a project is delayed because we are waiting on you, timescales will move accordingly. Changes that fall outside the agreed scope will be quoted separately before any extra work begins.
4Payment
Invoices are payable within the time stated on the invoice, or 14 days if none is stated. You can pay securely by card through your client dashboard or by the other methods shown on the invoice.
If an invoice is overdue, we may pause work or suspend related services until it is paid, after giving you notice. For business clients, we may also charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.
5Who owns the work
Once you have paid in full, you own the finished design and content we create specifically for your website. Until then, it remains ours.
Some parts of a website rely on third-party software, fonts, images or code that are licensed rather than owned. These stay with their owners and are used under their own licences. We keep ownership of our own general tools, techniques and reusable code, and grant you a permanent licence to use them as part of your website.
Unless you ask us not to, we may show your finished website in our portfolio and mention that we built it.
6Hosting, domains and email
If you use our hosting, domain or email services:
- These run for the period you have paid for and renew automatically unless you turn off auto-renewal or tell us to cancel before the renewal date.
- Domain names are registered in your name wherever possible, and you can ask to transfer them away at any time once any outstanding invoices are paid.
- We aim to keep services available at all times and monitor them around the clock, but we cannot guarantee uninterrupted service. Planned maintenance and issues with third-party providers may occasionally cause downtime.
- We take regular backups, but you should keep your own copies of any important content and emails.
You can cancel an ongoing service by emailing hello@kingswinford.digital. Cancellation takes effect at the end of the current paid period, and we will help you move your website, domain or email elsewhere.
7Acceptable use
You must not use our website, tools or services to:
- break the law or infringe anyone else’s rights;
- send spam, host malware, or carry out phishing or other fraud;
- publish material that is abusive, hateful, defamatory or obscene;
- try to gain unauthorised access to our systems or another client’s account;
- overload our free tools or forms with automated or excessive requests.
We may suspend or end access to any service that is used in breach of these rules.
8Your client account
You are responsible for keeping your login details secure and for everything done through your account. Tell us straight away if you think someone else has accessed it. We may suspend an account if we believe it has been compromised or misused.
9Free tools
Our free website audit, competitor comparison and website planner are provided free of charge and as they are. Audit scores come from automated tests and can vary between runs; they are a helpful guide, not a guarantee of how a website performs. Please only audit websites you own or have a legitimate interest in. We may limit or withdraw these tools at any time.
10Our responsibility to you
We will carry out our work with reasonable care and skill. If something we built does not work as agreed, tell us and we will put it right.
For business clients, our total liability for any claim relating to a project or service is limited to the amount you paid us for it in the 12 months before the claim. We are not responsible for loss of profits, revenue, data or business opportunity, or for problems caused by third-party services, changes made by someone other than us, or events outside our reasonable control.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
11If you are a consumer
If you are buying as an individual rather than a business, you have legal rights under the Consumer Rights Act 2015 that these terms do not affect.
You also have the right to cancel a contract within 14 days of agreeing to it, without giving a reason. If you ask us to start work within those 14 days, you will pay for the work done up to the point you cancel. To cancel, email hello@kingswinford.digital.
12Ending a project
Either of us may end a project by giving written notice if the other seriously breaks these terms and does not put it right within 14 days. If a project ends early, you pay for the work completed up to that point, and we will hand over everything you have paid for.
13General
We may update these terms from time to time. The version on this page applies to new work from the date shown at the top. Changes will not affect a proposal you have already accepted unless we both agree.
These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction over any dispute. Before going down that route, we will always try to sort things out with you directly.
Questions about this page?
Email us at hello@kingswinford.digital and one of us will get back to you, usually within two working days.
Read our privacy policy