Terms & Conditions

1. Payment Terms

1.1 Custom & One-Off Projects: A non-refundable deposit of 50% is required prior to the commencement of any custom design or development work. The remaining 50% balance must be paid in full prior to website launch, deployment, or the transfer of administrative access.

1.2 Invoicing & Late Payments: Invoices are payable within 7 days of issue unless otherwise agreed in writing. Under the Late Payment of Commercial Debts (Interest) Act 1998, we reserve the right to charge interest at 8% above the Bank of England base rate on any overdue balances, alongside statutory recovery costs.

1.3 Accepted Methods: Payments are processed securely via Stripe or bank transfer.

2. Monthly and Annual Subscriptions

2.1 Scope: Subscription plans (Starter, Professional, Premium) grant you access to managed hosting, core maintenance, ongoing support, and specified website features as set out in your package agreement.

2.2 Billing Cycle: Subscriptions are billed automatically on a recurring monthly or annual basis via Stripe starting on the date of signup.

2.3 Minimum Term & Renewals: Subscriptions auto-renew unless cancelled in writing. Monthly plans require a minimum term of 3 months. Annual plans run for a 12-month period.

2.4 Default & Suspension: If a subscription payment fails, you will be given 7 days' grace to update your billing details. If payment is not received within 14 days of the due date, we reserve the right to suspend your website and email services without liability.

3. Project Scope & Scripting

3.1 Scope Definition: The project scope is strictly defined by the features, page counts, and deliverables explicitly listed in your initial quote or project agreement.

3.2 Scope Creep: Any additional features, pages, integrations, or structural revisions requested outside the agreed scope will be quoted separately as an add-on at our standard rate and must be paid prior to implementation.

4. Revisions & Approvals

4.1 Revision Allowance: Each project includes up to two (2) rounds of design and layout revisions during the design phase.

4.2 Exclusions: Revisions must align with the original project brief. Requests to change the original design direction, brand identity, or core architecture after sign-off will incur additional costs.

4.3 Additional Revisions: Any additional revision rounds beyond the included allowance will be charged at our hourly design rate.

5. Client Responsibilities & Timelines

5.1 Materials Supply: You are responsible for providing all necessary brand assets, logos, high-resolution media, written content, logins, and instructions within fourteen (14) days of project kick-off.

5.2 Review & Feedback: You agree to provide feedback, approvals, and testing responses within five (5) business days of receiving draft links or updates.

6. Cancellation & Termination

6.1 Cancellation by Client: One-Off Builds — You may cancel a project at any time prior to launch; however, the initial 50% deposit remains strictly non-refundable to cover labor and technical setup costs. Subscriptions — Subscription plans require a minimum written notice of 30 days prior to the next billing date via email to harveyddesigns@gmail.com.

6.2 Termination by Us: We reserve the right to terminate any project or service immediately if you breach these Terms, exhibit abusive behavior, fail to make timely payments, or fail to communicate for over thirty (30) consecutive days.

7. Refunds

7.1 Strict Policy: Due to the bespoke operational, technical, and labor costs associated with digital agency work, all payments (including deposits, monthly/annual subscription fees, and custom development fees) are non-refundable once work has commenced.

8. Website Ownership & Intellectual Property

8.1 Client Content: You retain full ownership of all copy, images, trade marks, and branding materials supplied by you.

8.2 Design & Source Code Ownership: Upon payment of all invoices in full, full ownership of the final visual website design is transferred to you.

8.3 Agency Work Product & Tools: Harvey Designs retains all underlying intellectual property rights, structural visual frameworks, custom code snippets, component libraries, design systems, and proprietary workflows used to build the website. You are granted a non-exclusive, non-transferable licence to use these elements solely as part of your live website.

8.4 Portfolio Rights: We reserve the right to showcase your completed website, screenshots, and business name in our agency portfolio, marketing collateral, and case studies unless explicitly agreed otherwise in writing.

9. Hosting, Uptime & System Performance

9.1 Hosting Infrastructure: Hosting services are provided through high-performance third-party cloud infrastructure (e.g., AWS, Vercel, Supabase).

9.2 Uptime Disclaimer: While we aim for 99.9% uptime, we do not guarantee uninterrupted hosting access. We are not liable for website downtime, server outages, speed fluctuations, hardware failure, or cyberattacks originating from third-party hosting providers.

10. Maintenance & Technical Support

10.1 Maintenance Scope: Active subscriptions include basic ongoing system maintenance (security updates, bug fixes, software compatibility checks, and minor text updates).

10.2 Exclusions: Maintenance does not cover rebuilding pages, adding major new functional modules, or repairing website breakages caused by third-party edits or client tampering.

10.3 Support Hours: Support requests are handled strictly via email (harveyddesigns@gmail.com) during normal business operating hours (09:00–17:00 UK time, Monday to Friday).

11. Third-Party Services & AI Workflows

11.1 Third-Party Software: Websites may incorporate third-party plug-ins, APIs, design systems, modern automation tooling, artificial intelligence tools, payment gateways (e.g., Stripe), and external software tools to optimize production and security.

11.2 Limitation of Third-Party Liability: We accept no liability for failure, policy changes, price increases, security breaches, or API deprecation caused by external third-party software providers or automated tooling engines.

12. Domain Names & GoDaddy Registration

12.1 Domain Management: Where domain registration or hosting management is requested, domain names are registered and managed via GoDaddy.com or transferred under our management accounts.

12.2 Domain Ownership: Domain names purchased on your behalf remain your property provided all associated registration fees and agency invoices are paid.

12.3 Renewal Responsibilities: It is your responsibility to maintain active payment details for ongoing domain renewals. Harvey Designs is not liable for lost domains, expired domain registrations, or associated loss of business caused by third-party GoDaddy system errors or missed renewal payments.

13. Content Provided by Client & Legal Compliance

13.1 Copyright Warranty: You explicitly warrant and represent that all text, images, logos, media, and data provided to Harvey Designs are owned by you or that you have secured full legal permission and licences to use them.

13.2 Indemnity: You agree to fully indemnify, defend, and hold harmless Harvey Designs against any claims, lawsuits, damages, or legal expenses (including full solicitor fees) arising from copyright infringement, trade mark breach, defamation, or illegal content provided by you.

14. Project Delays & Inactivity

14.1 Client Delays: If a project is delayed by more than twenty-one (21) calendar days due to your failure to supply content, feedback, or approvals, the project will be placed on hold.

14.2 Reactivation Fee: Reactivating a placed-on-hold project requires a £150.00 administrative fee and will be subject to current studio scheduling availability.

15. Limitation of Liability & Legal Jurisdiction

15.1 Cap on Liability: To the maximum extent permitted by UK law, the total liability of Harvey Designs to you for any loss, damages, breach of contract, or legal claim shall be strictly capped at the total amount actually paid by you to Harvey Designs for the specific project or subscription service during the preceding three (3) months.

15.2 Consequential Loss: In no event shall Harvey Designs be liable for any indirect, special, punitive, or consequential losses, including loss of income, loss of business revenue, loss of profits, lost data, or reputation damage.

15.3 Legal Jurisdiction: These Terms are governed by and construed in accordance with the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales.