LEGAL
Terms and Conditions
These terms and conditions govern all services provided by Ten Fast Feet. Please read them carefully before engaging our services. If you have any questions, contact us before work commences.
1. About Us
Ten Fast Feet ("we", "us", "our") is a web design and digital marketing agency operating in the United Kingdom. Our principal place of business is in Beccles, Suffolk. We can be contacted at hello@ten-fast-feet.com.
These terms apply to all contracts for the supply of services between Ten Fast Feet and the client ("you", "your") and form the basis of our contract with you unless otherwise agreed in writing.
2. Definitions
"Services" means any web design, web development, search engine optimisation, digital marketing, content creation, or related services we agree to provide.
"Project" means a defined scope of work agreed between us, as set out in a proposal, quotation, or statement of work.
"Deliverables" means the specific outputs we agree to produce as part of a Project.
"Intellectual Property" means all copyright, trade marks, design rights, database rights, and other intellectual property rights, whether registered or unregistered.
"Content" means any text, images, video, audio, data, or other material provided by you for use in connection with the Services.
3. Engagement and Proposals
A contract between us is formed when you accept our written proposal or quotation, either in writing or by paying a deposit. Our proposals are valid for 30 days from the date of issue unless otherwise stated.
We reserve the right to decline any project or end client relationship at our sole discretion, with reasonable notice, including for projects that conflict with our values or legal or regulatory requirements.
We may require a signed statement of work for projects above a certain value or complexity. Where we issue such a document, these terms shall be incorporated into it by reference.
4. Payment Terms
Deposits: Most projects require a non-refundable deposit of 50% before work commences. The specific deposit amount will be set out in your proposal. Payment of the deposit confirms your acceptance of these terms.
Milestone payments: For larger projects, we may agree staged payments tied to project milestones. Milestone payments become due upon completion of the relevant milestone, regardless of whether you have reviewed the deliverable.
Final payment: The balance is due upon completion of the project and before final files or login credentials are transferred to you. "Completion" means delivery of the agreed scope of work, not necessarily your complete satisfaction with every element.
Ongoing retainer services: Where we provide ongoing services (SEO, digital marketing, maintenance), fees are due monthly in advance on the date agreed. Retainer fees are non-refundable for the current month if services are cancelled mid-cycle.
Invoices: Invoices are due within 14 days of issue unless otherwise stated. We reserve the right to charge statutory interest on overdue invoices at 8% above the Bank of England base rate per annum, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
Expenses: Third-party costs incurred on your behalf (domain registration, hosting, stock photography, software licences, advertising spend) will be invoiced at cost unless otherwise agreed. We will seek your approval before incurring material third-party costs.
VAT: All quoted fees are exclusive of VAT unless explicitly stated otherwise. VAT will be added at the prevailing rate where applicable.
5. Your Responsibilities
The delivery and quality of our work depends on your prompt cooperation. You agree to:
- Provide all necessary content, materials, logins, and approvals in a timely manner
- Designate a single point of contact with authority to make decisions on your behalf
- Respond to requests for feedback within the timeframes we agree
- Ensure that any content you provide does not infringe third-party rights, is not defamatory, obscene, or unlawful, and complies with all applicable regulations
- Hold all necessary licences, permissions, and consents for any content you provide
- Notify us promptly of any changes to your requirements
Where delays are caused by your failure to meet these responsibilities, timelines will be adjusted accordingly and we may charge for additional time spent at our standard day rate.
6. Revisions and Changes
Our proposals include a specified number of revision rounds. A "revision round" means a consolidated set of feedback submitted in a single communication. Revisions that fall within the agreed scope will be made at no extra charge within the agreed number of rounds.
Additional revisions beyond those included, or changes that alter the agreed scope, will be quoted separately and invoiced accordingly. We will always seek your written approval before undertaking out-of-scope work.
Where you request significant changes after work has commenced that materially alter the agreed scope, we reserve the right to re-quote the project in full.
7. Timelines and Delays
We aim to deliver projects within the timelines set out in your proposal. However, timelines are estimates, not guarantees, and are contingent on your timely cooperation.
We are not liable for delays caused by: your failure to provide content or approvals on time; delays caused by third-party platforms or services; circumstances beyond our reasonable control (force majeure).
If we are unable to meet an agreed timeline for reasons within our control, we will notify you promptly and agree a revised schedule.
8. Intellectual Property
Your content: You retain full ownership of all content and materials you provide to us. You grant us a non-exclusive licence to use such content solely for the purpose of delivering the agreed Services.
Deliverables — upon full payment: Upon receipt of full payment for a project, we assign to you all Intellectual Property rights in the bespoke Deliverables created specifically for you under that project, including website designs, written content, and custom graphics created by us.
Third-party elements: Some Deliverables may incorporate third-party components (open-source software, licensed stock images, fonts, plugins, or templates). These remain subject to their original licences and are not transferred to you. We will disclose any significant third-party components and their licence terms.
Our pre-existing IP: We retain all rights to our pre-existing tools, methodologies, frameworks, and know-how. Where we incorporate our own pre-existing IP into Deliverables, we grant you a non-exclusive, perpetual licence to use it solely in connection with the relevant Deliverable.
Portfolio rights: Unless you specifically request otherwise in writing, we reserve the right to display the completed work in our portfolio, on our website, and in marketing materials.
Non-payment: All Intellectual Property rights in Deliverables remain with Ten Fast Feet until payment has been received in full. Use of Deliverables prior to full payment is a breach of these terms.
9. Confidentiality
Each party agrees to keep confidential all non-public information received from the other party in connection with the Services and not to disclose it to any third party without prior written consent, except as required by law.
This obligation does not apply to information that is publicly available, was already known to the receiving party, or was independently developed without reference to the confidential information.
Confidentiality obligations survive termination of the contract for a period of three years.
10. Limitation of Liability
Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Subject to the above, our total liability to you in connection with any contract under these terms (whether in contract, tort, breach of statutory duty, or otherwise) shall not exceed the total fees paid by you to us under the relevant project in the 12 months preceding the claim.
We are not liable for any: loss of profits; loss of business; loss of revenue; loss of data; indirect or consequential loss; or damage to reputation.
We make no guarantees regarding search engine rankings, website traffic, conversion rates, or revenue generated from the Services. Results depend on many factors outside our control, including search engine algorithm changes, market conditions, and your own business factors.
We are not responsible for the actions or failures of third-party platforms, hosting providers, or services we recommend or integrate with your project.
11. Warranties
We warrant that: we will provide the Services with reasonable skill and care; we have the right to provide the Services; the Services will not knowingly infringe any third-party Intellectual Property rights.
You warrant that: you have the right to provide all content and materials you supply to us; such content does not infringe any third-party rights or applicable laws; you have all necessary permissions, licences, and regulatory approvals for your business activities.
All other warranties, express or implied, are excluded to the maximum extent permitted by law.
12. Termination
By either party: Either party may terminate a retainer or ongoing service by giving 30 days' written notice. Notice must be given in writing to the other party's designated contact email.
For cause: Either party may terminate immediately by written notice if the other party: materially breaches these terms and fails to remedy the breach within 14 days of written notice; becomes insolvent or enters administration; or engages in conduct that makes continuation of the relationship impossible or inappropriate.
On termination: You shall pay for all work completed to the date of termination. We shall deliver any completed Deliverables for which payment has been received. Deposits and payments made for incomplete work are non-refundable unless we are in material breach.
Website hosting and maintenance: If we host your website and you terminate, we will provide a 30-day transition period during which you can migrate your site. After this period, we are not obligated to maintain the hosting and the site may be taken offline.
13. Consumer Contracts
If you are contracting as a consumer (not in the course of business), additional rights may apply under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015.
Consumers contracting for digital services have a right to cancel within 14 days of entering the contract. However, if you expressly request that work commence before the cancellation period expires and waive your cancellation right in writing, we may charge for any work completed up to the point of cancellation.
The majority of our clients are businesses and these terms are primarily drafted for business-to-business contracts.
14. Data Protection
We process personal data in accordance with UK GDPR, the Data Protection Act 2018, and our Privacy Policy, which is available at ten-fast-feet.com/privacy-policy.
Where we process personal data on your behalf in the course of providing the Services (for example, if we have access to your customer data), we act as a data processor and you act as the data controller. In such cases, we will: process data only on your documented instructions; implement appropriate technical and organisational security measures; not engage sub-processors without your written consent; assist you in meeting your obligations under applicable data protection law; and delete or return personal data upon termination.
Each party shall comply with its respective obligations under applicable data protection legislation.
15. Electronic Commerce
Where we build or manage an eCommerce website on your behalf, you are solely responsible for: ensuring your online store complies with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; providing legally compliant terms and conditions of sale; operating a compliant returns and refunds policy; paying all applicable taxes including VAT; age verification where required; and compliance with all sector-specific regulations applicable to the products or services you sell.
We are not responsible for the legality of your products or services, your trading practices, or your compliance with regulatory requirements applicable to your specific business.
16. General
Entire agreement: These terms, together with any proposal or statement of work, constitute the entire agreement between us and supersede all prior discussions, representations, and agreements.
Amendments: We may update these terms from time to time. The terms in force at the time a contract is formed apply to that contract. We will notify you of material changes.
Waiver: Failure to enforce any provision of these terms does not constitute a waiver of that provision.
Severability: If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force.
Assignment: You may not assign your rights or obligations under these terms without our prior written consent. We may assign our rights to a successor business.
Notices: Formal notices under these terms should be sent by email to the addresses on file, with confirmation of receipt requested.
Third parties: These terms do not confer any rights on third parties under the Contracts (Rights of Third Parties) Act 1999.
Governing law and jurisdiction: These terms are governed by the law of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Questions?
If you have any questions about these terms before engaging our services, please contact us at hello@ten-fast-feet.com before work commences.