1. Introduction
These Terms and Conditions govern the provision of software, web and mobile application development, website development and design services by Timeless Web Services ("we", "us" or "our") to clients ("you" or "Client").
By engaging our services, whether through a signed proposal, written agreement or payment of a deposit, you agree to be bound by these Terms. If you do not agree, please do not proceed with an engagement.
2. Services
We will provide the services described in the proposal or statement of work ("SOW") agreed by both parties before work starts.
Additional work outside the agreed scope will be quoted separately and will not start until both parties have agreed the cost and timeline in writing.
We may engage suitably qualified subcontractors to help deliver services where necessary. We remain responsible for the quality of all work delivered.
3. Quotations and pricing
All quotations are in pounds sterling (GBP) and are valid for 30 days from the date of issue unless stated otherwise.
Quotations are based on the information provided at the time of enquiry. Material changes to the brief after acceptance may result in revised pricing. We may adjust pricing to reflect changes in scope, additional requirements, or significant delays caused by the Client.
4. Payment
Unless otherwise agreed in writing:
- A non-refundable deposit of 50% of the total project fee is due before work starts.
- The remaining balance is due on completion, before final delivery or go-live.
Invoices are due within 14 days of issue. Late payments may incur interest at 8% per annum above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998. We may suspend or withhold delivery where invoices remain unpaid beyond their due date.
5. Client responsibilities
The Client agrees to provide all content, materials and information required for the project in good time. Delays caused by late materials may affect the timeline and could result in additional charges.
The Client warrants that any materials supplied (including text, images and logos) do not infringe third-party intellectual property rights and that the Client has the right to use them. The Client indemnifies us against any claims arising from their use.
The Client is responsible for reviewing and approving all deliverables. Written approval (including by email) constitutes acceptance. We are not liable for errors or omissions identified after approval.
6. Intellectual property
On receipt of full payment, all intellectual property rights in the final delivered work (including code, designs and graphics) transfer to the Client, except as noted below.
We retain ownership of pre-existing tools, frameworks, libraries and methods used to create the work. Open-source software and third-party libraries remain subject to their own licences.
We may display completed work in our portfolio and name the Client as a client, unless the Client asks us not to in writing.
7. Confidentiality
Both parties will keep confidential any non-public information received from the other in connection with the project. This does not apply to information that is publicly available or that either party is required by law to disclose.
8. Revisions and changes
Each project includes the number of revision rounds specified in the SOW. Further revisions are charged at our standard hourly rate at the time.
We are not responsible for changes made to the delivered work by the Client or third parties after handover.
9. Limitation of liability
To the maximum extent permitted by law, our total liability for any loss or damage arising from these Terms or our services shall not exceed the total fees paid for the specific project giving rise to the claim.
We are not liable for any indirect, special or consequential loss, including loss of profit, revenue, data or business opportunity.
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited by English law.
10. Termination
Either party may end the engagement by written notice. On termination:
- The Client pays for all work completed to the date of termination.
- The non-refundable deposit is retained.
- We deliver all work completed to date in a format suited to the stage of the project.
We may terminate immediately where the Client is in material breach of these Terms or where payment is outstanding more than 30 days after its due date.
11. Warranties
We warrant that services will be performed with reasonable skill and care. We do not warrant that services will be error-free or uninterrupted, or that any website or application will achieve particular search rankings, conversion rates or business outcomes.
12. Governing law
These Terms and any dispute arising from them are governed by the law of England and Wales, and both parties submit to the exclusive jurisdiction of its courts.
13. Changes to these Terms
We may update these Terms from time to time. The "last updated" date on this page reflects any changes. Continuing to use our services after a change means you accept the updated Terms. Questions? Email [email protected].