Terms of Service

Last updated: 26 February 2026

1. Introduction

These Terms of Service ("Terms") govern the provision of web design, web development, hosting, and related digital services by Forty Miles West ("FMW", "we", "us"), based at Fence Avenue, Macclesfield, Cheshire East, SK10 1LT, to you ("the Client").

By engaging our services, you confirm that you have read, understood, and agree to these Terms.

2. Definitions

  • "Services" means all web design, web development, hosting, SEO, automation, and related digital services provided by FMW.
  • "Deliverables" means all work product, including designs, code, content, and documentation, created as part of the Services.
  • "Project" means a specific engagement between FMW and the Client, as defined in an agreed proposal, statement of work, or written communication.

3. Proposals and Acceptance

  • All projects begin with a written proposal or statement of work, outlining the scope, deliverables, timeline, and fees.
  • A project is formally agreed when the Client provides written acceptance (including email) of the proposal and, where applicable, pays any required deposit.
  • Proposals are valid for 30 days from the date of issue, unless otherwise stated.

4. Scope of Work

  • FMW will deliver the Services as described in the agreed proposal.
  • Any requests that fall outside the agreed scope constitute "additional work" and will be quoted separately before commencement.
  • The Client acknowledges that changes to scope may affect timelines and fees.

5. Client Responsibilities

The Client agrees to:

  • Provide all content, assets, and information required for the project in a timely manner
  • Provide timely feedback on designs, prototypes, and staging environments
  • Nominate a single point of contact to manage communication with FMW
  • Ensure that all content provided does not infringe any third-party intellectual property rights
  • Maintain backups of any existing website or data before migration or development begins

6. Timelines and Delays

  • Estimated timelines are provided in good faith based on the agreed scope. They are not guaranteed unless explicitly stated as fixed deadlines.
  • If the Client delays providing content, feedback, or approvals, the timeline will be adjusted accordingly.
  • If a project is paused for more than 30 days due to Client inaction, FMW reserves the right to reschedule or re-quote the remaining work.

7. Design and Development Process

  • FMW follows a structured process: discovery, design, development, testing, and launch.
  • Design concepts are presented for Client review and feedback. Two rounds of revisions are included in the standard scope. Additional revision rounds will be quoted separately.
  • Development is based on the approved designs. Changes to design after development has begun may incur additional costs.
  • A staging environment will be provided for Client review before launch.

8. Testing and Launch

  • FMW will test all deliverables across current versions of major browsers (Chrome, Firefox, Safari, Edge) and common screen sizes.
  • The Client is responsible for reviewing and approving the staging site before launch.
  • Once the Client provides written approval, the site will be deployed to the live environment.
  • Any issues reported after launch that are within the original scope will be resolved under our post-launch support period (see Section 14).

9. Intellectual Property

  • Upon full payment, all intellectual property rights in the custom deliverables transfer to the Client.
  • FMW retains the right to use the project in its portfolio, case studies, and marketing materials unless the Client requests otherwise in writing.
  • Third-party software, themes, plugins, and libraries used in the project remain subject to their respective licences.
  • FMW retains ownership of any proprietary tools, frameworks, or code libraries used across multiple projects.

10. Payment Terms

  • Fees are as stated in the agreed proposal.
  • A deposit of 50% is required before work begins, unless otherwise agreed.
  • The remaining balance is due upon project completion and before the final site goes live.
  • For larger projects, milestone payments may be agreed in advance.
  • Invoices are payable within 14 days of issue.
  • Late payments may incur interest at 8% above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

11. Hosting and Ongoing Services

  • Hosting and maintenance services, where applicable, are governed by our separate Web Hosting Policy.
  • Hosting fees are billed separately from project fees and are typically invoiced monthly or annually.
  • The Client is free to host their website with any provider of their choosing. FMW will provide all necessary files and documentation for migration.

12. Confidentiality

  • Both parties agree to keep all confidential information shared during the project strictly confidential.
  • Confidential information includes business strategies, client lists, pricing, technical specifications, and any data marked as confidential.
  • This obligation continues after the conclusion of the project.

13. Data Protection

  • FMW processes personal data in accordance with the UK GDPR and the Data Protection Act 2018.
  • Our full privacy practices are described in our Privacy Policy.
  • Where FMW processes personal data on behalf of the Client, a Data Processing Agreement will be put in place.

14. Post-Launch Support

  • All projects include a 30-day post-launch support period at no additional charge.
  • During this period, FMW will fix any bugs or issues that fall within the original agreed scope.
  • New features, content changes, or requests outside the original scope will be quoted separately.
  • After the support period, ongoing support and maintenance can be arranged under a separate agreement.

15. Warranties

  • FMW warrants that all Services will be performed with reasonable skill and care.
  • FMW does not guarantee specific business outcomes, search engine rankings, or traffic volumes.
  • All third-party software and services are provided "as is" and subject to their own warranties and terms.

16. Limitation of Liability

  • FMW's total liability to the Client shall not exceed the total fees paid for the relevant project.
  • FMW is not liable for indirect, consequential, or incidental losses, including loss of profit, revenue, data, or business opportunities.
  • FMW is not responsible for losses caused by the Client's failure to maintain backups, provide timely information, or follow our recommendations.

17. Cancellation and Termination

  • Either party may terminate the agreement by providing 14 days' written notice.
  • If the Client terminates, fees for work completed to date are payable in full. Deposits are non-refundable.
  • FMW may terminate immediately if the Client breaches these Terms, fails to pay invoices within the agreed timeframe, or engages in conduct that brings FMW into disrepute.
  • Upon termination, the Client receives all completed deliverables (subject to full payment).

18. Force Majeure

Neither party shall be liable for failure to perform its obligations where such failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, utility failures, or cyberattacks.

19. Dispute Resolution

  • Both parties agree to attempt to resolve any disputes through good-faith negotiation in the first instance.
  • If negotiation fails, mediation may be pursued before any legal proceedings are initiated.
  • These Terms are governed by the laws of England and Wales, and any legal proceedings shall be subject to the exclusive jurisdiction of the courts of England and Wales.

20. Amendments

FMW reserves the right to update these Terms from time to time. Clients will be notified of material changes. Continued engagement after notification constitutes acceptance of the updated Terms.

21. Entire Agreement

These Terms, together with any agreed proposal or statement of work, constitute the entire agreement between FMW and the Client and supersede all prior discussions, representations, and agreements.

Contact

For questions about these terms, contact us at:

Forty Miles West
Fence Avenue, Macclesfield, Cheshire East, SK10 1LT
Email: [email protected]
Phone: 07476 485436