Terms

1. Who these terms are between

These terms are between Albek Marketing Ltd, a company registered in England and Wales with company number 17156593, whose registered office is at Stanley House, Gresham, Norfolk, NR11 8AD (“I”, “me”), and the business buying the work (“you”).

They apply from the point you accept a price by email. If something specific is agreed in writing that contradicts a term here, the thing agreed in the email wins — I am not going to argue that a page you read once overrides something I actually said to you.

This is a business-to-business arrangement. Where you are a consumer rather than a business, consumer law gives you rights which nothing here removes or limits.

2. What is supplied

• A one-page site: a single web page, custom built for your business from your existing published content plus what you tell me by email. The finished files are supplied to you.
• A six-page site: the same, at six pages, of a scope agreed by email before it starts. Files supplied likewise.
• Hosting: keeping the site online with a TLS certificate that renews automatically. The site goes live immediately on a preview address I control. Moving it onto a web address you own is included in the monthly fee, at any time, at no additional charge.
• A transfer to your own hosting: where agreed, installing the finished files on hosting you already have.

A rough example built before any agreement exists is not a supplied website and is not sold to you. It is a demonstration, and section 5 covers it.

Anything not written into the email agreement is not included. That is not a trap — it is so that neither of us has to guess later.

3. Prices and payment

• £99, one-off, for a one-page site, including the files.
• £249, one-off, for a six-page site, including the files.
• £15 per month for hosting, billed monthly, including moving the site onto a domain you own whenever you ask.
• £49, one-off, to install the finished files on hosting you already have, if you would rather host it yourself.
• Anything larger than six pages is quoted per project by email, and the quoted figure is what you pay unless you ask for something added.

All prices are in pounds sterling. Albek Marketing Ltd is not currently VAT registered, so no VAT is charged. If that changes, VAT will be added to invoices issued after registration and I will tell you before it happens.

Payment is by bank transfer against an invoice. The one-off fee is invoiced once the finished site is built and you have said yes to it; nothing is payable before that, and nothing is payable for the rough example at any point. Monthly hosting is invoiced in advance. Invoices are due within 14 days.

If an invoice is unpaid 30 days after its due date I may suspend hosting, after telling you by email first. I will not delete anything without warning you.

4. Your content, and what you are confirming

The page is built out of material published on your own website: your wording, your service list, your business details, and any photographs or logo you send me.

By asking me to build or take live a page from that material, you confirm that you own it or are otherwise entitled to use it, and that publishing it does not infringe anybody else's rights. I have no way of knowing whether the photograph on your homepage was licensed properly in 2011, so that has to sit with you.

You are responsible for the accuracy of what the page says about your business. I build from what your site already says and from corrections you send me. If something is wrong, tell me and it gets fixed.

Nothing about your business is invented. No accreditation, qualification, award, membership or date appears on a page unless it appears on material you have published or supplied.

5. Rough examples

Before any agreement exists, I may build a rough example page from your public website in order to show you what is possible. It is a demonstration, not a finished website, and it is not what you would be buying. It is put together quickly from material already published on your site, so parts of it will be out of date or incomplete. The site you pay for is built afterwards, from what you tell me by email.

An example is not published in any meaningful sense: it sits on an unlinked web address of mine, carries instructions telling search engines not to index it, and is not advertised anywhere.

You owe nothing for an example, whether or not you go ahead. Ask for it to be deleted and it is deleted. If you do not respond, it is removed anyway.

6. Where the finished site goes

There are three ways the finished site can be published:

• Hosted by me, £15 a month. The site goes live immediately on a preview address I control. Moving it onto a web address you own is included in that monthly fee, at any time and at no additional charge, and requires the domain to be pointed at my hosting. It remains your domain and your property throughout; I will explain what the move involves before it is started, and I will not obstruct you taking it away later.
• On hosting you already have, £49 one-off. I install the finished files on your existing host. Where that host requires credentials, you provide them or make the upload yourself — whichever you prefer.
• You take the files. Included in the price of the site. What you or anyone else then does with them is entirely up to you.

Except where you have asked me to host the site and move your domain across, I do not require, request or accept your passwords — not for your domain, your registrar, your hosting or your Google account. Your existing website is not switched off, altered or moved by me. If you want it taken down, that is a matter between you and whoever hosts it.

7. Hosting, and stopping it

Hosting runs month to month at £15, and includes moving the site onto your own domain whenever you want it. There is no minimum term, no notice period and no cancellation fee. Tell me by email that you want to stop, and it stops at the end of the month you have paid for.

When hosting ends, the site comes off my server, and I will co-operate with moving your domain wherever you want it. You already have the files, so nothing is lost and nothing is held hostage. What I cannot do is keep a site online that is not being paid for.

I aim to keep sites available continuously, but I do not offer a guaranteed uptime figure, because a one-person business renting a server cannot honestly promise one. If something goes down, tell me and fixing it goes to the top of the list.

8. Changes and extra work

Corrections to the site while it is being built — things I got wrong, or that you spot on reading it — are part of building it and are not charged for.

Afterwards, small edits — changing opening hours, correcting a phone number, adding a service to a list — are part of hosting a site with me, and I will just make them.

Work that is genuinely a new piece of work — new pages, a redesign, writing content from scratch — is quoted first. You will always get a figure to approve before anything is done, not an invoice afterwards.

9. Who owns what

• Your content stays yours. Words, photographs, logo, business details: all yours, before and after.
• Once the work is paid for, the finished page or site is yours to keep, move, alter or hand to somebody else. You are sent the files as a matter of course, not on request, and there is no restriction on what you do with them afterwards.
• Underlying techniques, templates and code patterns remain mine to reuse on other work. What you are buying is your site, not exclusivity over the method.
• I may mention that I have worked with your business, and show the page as an example of my work, unless you tell me not to — in which case I will not.

10. What is not promised

Being explicit about this is more useful than the usual silence:

• No search rankings. I will build the site correctly — proper structure, sensible titles, a sitemap, fast pages — but nobody can promise a position in Google's results, and anybody who does is selling you something they cannot deliver.
• No traffic or enquiry figures. A faster, readable page removes an obstacle. It does not create demand that was not there.
• No guaranteed uptime percentage, for the reason in section 7.
• No third-party outcomes. How Google displays your business listing, and what it does with the link in it, is Google's decision and not mine.

11. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, my total liability to you in connection with the work is limited to the total amount you have paid me in the twelve months before the claim arose. I am not liable for loss of profit, loss of business, loss of anticipated savings, or any indirect or consequential loss.

I am not liable for problems caused by things outside my control: your domain registrar, your existing host, changes Google makes to its business listings, or a failure at the company whose servers the site runs on.

12. Ending the arrangement

You can stop at any time by email, as set out in section 7. I may end it too — for non-payment after warning, or if the material I am asked to publish is unlawful, misleading, or something I do not want my name attached to. If I end it for any reason other than non-payment, I will refund the part of the current month you have paid for and not used.

13. Governing law

These terms and any dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.