Terms & conditions

1. Key Definitions

These Terms and Conditions (the "Terms") govern the services provided by The AI Web Company ("we," "us," or "our"), a UK-based unregistered partnership, to you, the client ("you" or "your"), a UK-based business or sole trader. By using our services, you agree to these Terms. Please contact us at hello@theaiwebcompany.co.uk or by phone at 07734 581645.

• "Business Hours": 9am–5pm GMT (or BST) Mon–Fri, excluding UK bank holidays.
• "Capital Order Fee": The upfront payment for website or project setup.
• "Cancellation Fee": A fee charged if you cancel services after a certain period (see Schedule 1).
• "Content": Text, images, logos, etc., provided by you, uploaded by you or generated by our AI tools. You own your Content, and we own AI-generated output. You are responsible for ensuring the legality of all content.
• "Contract": The agreement between us, including these Terms, your Quotation, and any related documents.
• "Demonstration": A presentation of our services.
• "Deposit": An initial payment made to begin work.
• "Documentation": Materials we provide to you.
• "Flat Design": The creative look of your website.
• "Hosting": Our service of hosting your website and content using reputable hosting providers (such as Cloudflare or Vercel).
• "Hosting Fee": The ongoing fee for hosting.
• "Monthly Ongoing Fee": The monthly fee for ongoing services.
• "Review": The requirement for You to review the Services, provide information and/or complete an activity at specified milestones as advised by Us.
• "Review Period": The period of time in which You shall conduct a Review and which will be two (2) weeks unless otherwise notified by Us in accordance with Clause 4.2.
• "SEO Services": Search engine optimization services we provide.
• "Services": The website design, hosting, SEO, social media, software development and other services provided by us.
• "Software": Any bespoke software, application, automation, integration, AI tool or system we develop, configure or connect for you, including its code, settings and workflows.
• "Website Discovery Document": A document detailing your specific needs for the project.

2. Agreement & Starting Work

2.1 Following your free Website Discovery Meeting, your acceptance of our Quotation and payment of the Deposit creates a legally binding Contract under the laws of England and Wales.

2.2 These Terms take precedence over any conflicting terms in your purchase orders or other documentation.

2.3 We may use subcontractors but are responsible for their work.

2.4 We will start work after the signed Order Forms are received and the Deposit is cleared into our account. We shall schedule delivery of the Services in accordance with Our then-current workload. We do not guarantee timescales for any element of works.

2.5 You may request additional changes before the Services are complete. Changes may affect costs and timelines and require a written agreement. We may refuse changes that impact the quality of work or that breach IP rights. If your actions lead to a change of requirements or circumstances, this constitutes a change request and must be agreed in writing (including email). We are not obliged to deliver changes that have not been agreed in writing.

2.6 Selected projects. Where we agree in writing to cover the cost of the initial Services (so that no fee is payable for them), the Contract is formed when you accept our written proposal, and no Deposit is required. Clauses about fees apply only to charges agreed in writing. Before any work begins, we will explain any potential future costs (for example hosting or third-party services), and none will apply unless you agree to them in writing.

3. Our Services

3.1 We provide website design, hosting, SEO, social media, software development (including AI tools, automation and connecting your systems) and related services. The specific scope of services will be detailed in your Quotation.

3.2 If your project requires specific elements or functionality, it's your responsibility to confirm this in writing before work commences.

3.3 We will require your cooperation and provision of necessary information and content to complete the project effectively.

3.4 If we are required to rearrange implementation, we will do so by mutual agreement, where possible, with a minimum of 7 days notice.

4. Website Design

4.1 Our website design process consists of the following phases: (a) Discovery Phase: initial consultation and requirements gathering (ending with a Review); (b) Design Phase: creation and approval of website visual design (ending with a Review); (c) Development & Testing Phase: building of website functionality and quality assurance (ending with a Review); (d) Launch Phase: website deployment and final checks; (e) Ongoing services.

4.2 You are responsible for reviewing the Website Discovery Document and notifying us of any issues or discrepancies before final agreement. For each Review We will notify You that You need to either: (a) review the Website and sign off the Review as accepted, or notify Us in writing of any changes required because in Your reasonable opinion the Website Services do not meet the description in the Website Discovery Document; (b) provide Us with the information We have requested; or (c) complete the action or activity We have requested. If You do not respond within the Review Period, We may suspend provision of the Services and put them On Hold, and any expenses We incur shall be added to the consideration and time-scales delayed accordingly.

4.3 If you require us to use existing design elements, you will be required to indemnify us against any third party intellectual property claims should you be unable to prove ownership of all intellectual property rights for those elements. We cannot guarantee an exact reproduction of any existing website or graphic design.

4.4 You will be given a final review period before the site is launched and it is Your responsibility to check the operation of the Website within the Review Period.

4.5 If you request changes outside of the agreed scope of work, there will be an additional cost, outlined in a separate written quotation.

4.6 Whilst We endeavour to provide estimates of when the Website will be ready to go live (“Go Live Date”), We do not guarantee any Go Live Date and You should not make arrangements dependent on a fixed Go Live Date. Any such arrangements are at Your own risk and We shall have no liability if the Go Live Date is not achieved.

4.7 Review Process. The website development process includes three (3) rounds of revisions at each major milestone: (a) Design concept; (b) Development staging; (c) Pre-launch testing. Each revision round includes a follow-up review session if requested. Additional revision rounds may be purchased at our standard hourly rate.

4.8 Mobile Responsiveness. All websites will be developed to be responsive across devices with minimum viewport widths of 320px. It is not possible to test on all device/system combinations. We provide basic tests on current versions of major browsers (Chrome, Firefox, Safari, Edge) on a reasonable endeavours basis. Support for legacy browsers or specific devices must be agreed in writing.

4A. Software Development

4A.1 Where the Services include Software, we will develop it to the specification agreed in writing, for example in your Quotation or Website Discovery Document. Changes to that specification are handled as change requests under clause 2.5.

4A.2 Testing and acceptance. We will make the Software available for you to test, and the Review process in clause 4.2 applies. The Software is accepted when you confirm acceptance in writing, when you start using it in live operation, or when the Review Period ends without you notifying us of a material defect.

4A.3 Defects. We will fix defects in Software we have written that you report to us within 30 days of acceptance at no extra charge. After that, fixes and changes are provided under any support arrangement we have with you, or at our standard hourly rate.

4A.4 Third-party services. Software may rely on third-party platforms, APIs and AI services (for example calendar, booking, payment, email, social media or AI model providers). These are provided under their own terms. We are not responsible for their availability, performance, pricing or changes, and any usage charges they make are payable by you unless we agree otherwise in writing. If a provider changes or withdraws a service, we will tell you and agree with you any work needed to adapt the Software.

4A.5 AI features. Where Software uses artificial intelligence to generate content, suggestions or decisions, its outputs may be inaccurate or incomplete. You are responsible for reviewing outputs before relying on them, publishing them or sending them to your clients, particularly for anything relating to health, safety or professional advice.

4A.6 Access and security. You will give us the access, accounts and permissions we reasonably need to deliver the Software. You are responsible for keeping your own passwords and credentials secure and for keeping appropriate backups of your data.

4A.7 Ownership of and your right to use the Software are set out in clause 9.

5. Hosting

5.1 We will host your website for the length of the contract, subject to payment of Hosting Fees. We will not Host other content or programs as part of this service.

5.2 You agree to our Acceptable Use Policy (AUP – Annex 1), which forms part of this agreement, and to indemnify Us against all damages, losses, costs, fines and liabilities arising from Your breach of this Clause and/or the AUP. If We reasonably believe You are in breach We may, at Our option, suspend the Hosting until the breach is remedied, or treat it as a material breach and terminate the Contract.

5.3 If We become aware that the Website is being used for any unlawful purpose, or that the Content contains material of an offensive or unlawful nature, We reserve the right to request the hosting provider to remove access to the Website and to delete all such offending or unlawful material without prior notice or reference to You.

5.4 For the avoidance of doubt We do not guarantee any specific level of server uptime or performance. We reserve the right to move or suspend the Website to carry out maintenance, repair or improvements. While We will endeavour to notify You of planned maintenance by email, emergency maintenance may be required without prior notice.

5.5 Website speed is affected by the page Content and navigation functions. We regularly assess speed performance, but because You manage the Content and navigation functions, We are not responsible for any loss of speed as a result of heavy Content or navigation functions. Upon request we can recommend changes, and for an additional fee can optimise content and improve page speed.

5.6 We endeavour to implement reasonable security measures to protect the Hosting; however You accept that no Hosting environment is 100% secure and We do not warrant to protect Your Hosted Website or Content against all possible security breaches or unauthorized access.

6. SEO Services

6.1 We will provide SEO services as outlined in the SEO Program Document.

6.2 Search engine rankings and performance depend on numerous factors, including algorithms, competitor activity, and your compliance with our recommendations. While we will apply reasonable industry practices to improve your website's visibility, we do not guarantee specific rankings or measurable outcomes, such as traffic or conversions. You acknowledge that SEO is a long-term process and results may vary.

6.3 We may make changes to your website content for SEO purposes in accordance with reasonable industry practices.

6.4 You are responsible for providing accurate, complete, and timely content, information, and access required for the development and marketing of your website. Delays, errors, or omissions in providing this material may affect timelines and outcomes, for which we cannot be held liable.

7. Support

7.1 We provide technical support as outlined in our Support Policy (Annex 2).

7.2 You agree to use our defined support channels (WhatsApp and email, or our support desk system) for all support requests.

8. Your Responsibilities

8.1 You must provide us with information, content, and feedback in a timely manner. We are not responsible for delays caused by your lack of response.

8.2 You are responsible for the accuracy and legality of all Content you provide, or that we generate on your instructions, and are responsible for indemnifying us from any claims arising from this content.

8.3 You agree that if you do not perform your obligations under these Terms and Conditions and such non-performance affects our ability to perform, we will not be in breach of contract, and you will remain obligated to pay us as provided under these terms.

9. Intellectual Property

9.1 We, as a partnership, own the website design, Software and underlying code, created by us or licensed through third parties. You have a limited licence to use the website and Software as described in this agreement.

9.2 You own the Content that you supply to us for use on your website.

9.3 You will indemnify us against any third party intellectual property claims arising due to Content or design elements you supply or direct us to use.

9.4 Licence Terms. Upon full payment (or, for Selected projects under clause 2.6, on acceptance), you receive a non-exclusive, perpetual licence to use the website design, Software and functionality, modify content within the content management system, and create derivative works based on your content. You may not resell or sublicense the website design, extract or reuse the underlying code, or remove copyright notices or attributions.

9.5 Third-Party Elements. The website may incorporate third-party software, themes, or plugins under separate licenses. We will provide details of all third-party licenses affecting your usage rights. You are responsible for maintaining any required third-party licenses after launch.

9.6 AI-Generated Content. “AI-generated output” means any content, code, or design elements created using artificial intelligence tools. We retain ownership of AI-generated output but grant you a non-exclusive license to use it within your website.

10. Payments

10.1 You will pay the Capital Order Fee following the Discovery Meeting and before further work begins.

10.2 Monthly Ongoing Fees are payable in advance.

10.3 Invoices are payable within 14 days of the invoice date unless otherwise specified. All payments to be made in GBP.

10.4 We may charge interest at 8% above Barclays Bank base rate, and a debt collection fee of £50 for late payments. We may suspend services if fees are overdue. We reserve the right to claim interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, which applies to businesses, including partnerships.

11. Warranties & Liabilities

11.1 We warrant that we will provide the Services with reasonable skill and care.

11.2 We do not provide any guarantee of specific results, including but not limited to website traffic or search engine rankings.

11.3 Our total liability to you under or in connection with the Contract, whether in contract, tort (including negligence) or otherwise, is limited to the greater of (a) the fees you have paid us for the Services in the 12 months before the event giving rise to the claim, and (b) £100. As a partnership, this liability is shared by the partners.

11.4 To the fullest extent permitted by law, we will not be liable for any indirect, consequential, special, or punitive damages, losses or costs, including but not limited to loss of data, profits, revenue, business opportunity, goodwill or reputation.

11.5 You are responsible for how you use the Services and any Software in your organisation, including any clinical, health, safety, financial or professional decisions. The Services are not a substitute for professional advice, and we are not liable for decisions you or your clients make based on content, outputs or systems we provide.

11.6 You confirm that you are entering into the Contract for the purposes of your business, trade, charity or organisation, and not as a consumer.

11.7 Any claim against us must be notified to us in writing within 12 months of the date you became aware (or ought reasonably to have become aware) of the facts giving rise to it.

11.8 Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

12. Termination

12.1 Either party may terminate this agreement immediately in the event of a material breach of contract that is not remedied within 30 days of written notice.

12.2 You may terminate this agreement, or any service, by providing 30 days written notice.

12.3 If you terminate this agreement or any service, you agree to pay any outstanding balances, plus the sum of all monthly ongoing fees for the remaining term of that service (typically 30 days unless stated).

12.4 We may terminate any or all services at the renewal date, giving you at least 30 days written notice.

12.5 If the Contract is terminated before the website goes live, depending on the stage reached: (a) we will provide You with the Flat Design Guide and grant a perpetual, royalty-free license to use such elements in the Flat Design; (b) we will export any Content that We can reasonably access, in a format advised by Us and charged at Our usual hourly rate (We may not be able to export all Content); (c) we may invoice You at Our usual hourly rate for time spent delivering the Website design services provided.

13. Data Protection

13.1 For the purpose of this clause, 'Personal Data', 'Data Controller', 'Data Processor', 'Data Subject', 'Processing', and 'Personal Data Breach' shall have the meanings given to them in the UK General Data Protection Regulation (“UK GDPR”) and the UK Data Protection Act 2018.

13.2 You acknowledge that, in the provision of the Services, we are acting as a Data Processor and You are acting as the Data Controller. You warrant that all Personal Data provided to us, or that we process under your instructions, has been obtained lawfully and that you are entitled to provide it to us to process under this agreement.

13.3 As a Data Processor, we agree to comply with all applicable UK Data Protection Legislation, including the UK GDPR and the UK Data Protection Act 2018, and to ensure that all processing of Personal Data by us, our staff and sub-contractors is lawful, fair, and transparent.

13.4 We will only process personal data on your documented instructions unless required by applicable UK Law. We will process your contact details and any data that you instruct us to add to your website or Software, held for as long as you use our services, only for the purpose of delivering the Services defined in this contract.

13.5 We will implement and maintain appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including (but not limited to):

• Pseudonymisation and encryption of personal data.
• The ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services.
• The ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.
• A process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of processing.

13.6 We will, where appropriate, assist you in your obligations to respond to requests from Data Subjects to exercise their rights under UK Data Protection legislation. This support is limited to providing access to data; we reserve the right to charge for support beyond this at our standard hourly rate.

13.7 We will ensure that all of our staff, agents, and sub-contractors who process Personal Data have committed themselves to confidentiality and are under similar legal obligations, and that we have an appropriate data processing agreement with any third-party sub-processor.

13.8 In the event of a Personal Data Breach, We will notify you without undue delay after becoming aware of it, providing sufficient information to allow you to take appropriate action.

13.9 Our hosting and service providers may process Personal Data in data centres outside the UK and the European Economic Area (EEA), including in the United States. Where they do, we ensure appropriate safeguards are in place, such as the UK Extension to the EU–US Data Privacy Framework or the UK International Data Transfer Addendum.

13.10 Where you transfer personal data to us that originates outside of the UK or the EEA, you are responsible for ensuring that data transfer complies with all applicable legislation.

13.11 You warrant that you will comply with all applicable Data Protection Laws, and will, upon request, provide us with any information that we require to demonstrate your compliance.

13.12 You agree to indemnify us against all claims, liabilities, losses, damages and expenses arising from our adherence to your instructions where such instructions have caused us to breach the data protection legislation.

13.13 We will retain active client data for the duration of the contract plus 6 months.

13.14 On request, we will tell you which sub-processors we use and the transfer safeguards that apply to each.

13.15 Where You inform Us that processing is likely to result in high risk to individuals, we will conduct Data Protection Impact Assessments (DPIAs) in consultation with you. DPIA results will be shared upon request.

13.16 We will notify you of any personal data breach within 24 hours of discovery during business hours, including an initial assessment of risk and impact, regular updates until resolution, and a final incident report within 5 business days.

14. Confidentiality

14.1 "Confidential Information" means any information (written, oral, or electronic) shared between us that a reasonable person would consider to be of a confidential nature, including but not limited to business plans, customer data, pricing, technical information, or trade secrets.

14.2 Both you and we agree to keep each other's Confidential Information confidential and secure. We agree not to disclose, copy, or modify this information, or permit others to do so, unless required by the contract.

14.3 We may use your Confidential Information only for the purposes of performing our obligations under this Contract.

14.4 Our confidentiality obligations do not extend to any information that is already in the public domain (unless due to a breach of this clause); is already in the possession of the receiving party prior to disclosure; is received from a third party who was free to disclose it; or is required to be disclosed by law.

14.5 The obligations under this clause shall remain in effect during and after the termination of this Contract for a period of 5 years.

15. Design Credit

15.1 Unless otherwise agreed, your website will include a small credit to Our Website, placed at the bottom of the page, as either a discreet text link or a small graphic matching your website's design. Should you request removal of this design credit, a fee will apply, equivalent to 10% of your total development charges, or £300 for projects where the total development charge was less than £3000. You also grant Us permission to showcase your website in our portfolio and other marketing materials.

16. General

16.1 You cannot assign or transfer your rights under this agreement without our written consent.

16.2 Any legal notices must be in writing, sent by email to hello@theaiwebcompany.co.uk or to any postal address we give you in writing.

16.3 We agree to use our reasonable endeavours to attempt to resolve any disputes via mediation, prior to any legal action.

16.4 Force Majeure. Neither party shall be liable for any failure or delay in performance (other than a failure to pay) due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, pandemics, or governmental actions. If such circumstances persist for more than 30 days, either party may terminate the agreement with written notice.

16.5 Dispute Resolution. This agreement and any dispute arising from it will be governed by English law and the jurisdiction of the courts of England and Wales. The parties agree to attempt to resolve disputes in good faith through negotiation; if unresolved within 90 days, to submit to mediation with a mutually agreed mediator; and if mediation fails, to resolve the dispute by arbitration in accordance with the rules of a CIArb approved arbitrator, whose decision shall be final and binding.

16.6 Material changes to the services require a written change request, impact assessment, cost and timeline estimates, and mutual written agreement. Emergency changes may be implemented immediately for security or stability reasons.

16.7 Partnership Status. We operate as a UK-based unregistered partnership, and these Terms are entered into and enforceable on that basis.

Schedule 1: Fees & Obligations

• Cancellation Fee: If you cancel with less than 2 weeks’ notice, we reserve the right to apply a charge of 10% of the value of the order.
• Abusive Behaviour: We reserve the right to terminate the Contract if we believe your behaviour to be abusive or offensive. We reserve the right to determine what constitutes abusive and/or offensive behaviour.

Annex 1: Acceptable Use Policy (AUP)

• You agree not to engage in any illegal or abusive activity when using our services. You must not use our services for anything that contravenes UK law.
• You are responsible for the security of your systems and for ensuring that they are not a vector for any malicious intent or activity.

Annex 2: Support Services & Hosting

• Support hours are Monday to Friday, 9am–5pm, excluding UK bank holidays.
• We may close support calls where the issue cannot be replicated, no other customers report a similar issue, or you are not able to provide clear instructions on how the issue occurs.
• Expected response times (working hours only) are a guide we work towards, not a guarantee, although even at peak times we aim to do our best for Priority 1 calls:
• Priority 1, Urgent (e.g. website down): 8 hours.
• Priority 2, High (time-critical, high impact): 1 day.
• Priority 3, Standard: 3 days.
• Priority 4, Scheduled work: as per the agreed schedule.