Cloud Web Solutions Ltd trading as Bare Creative
11 Greville Road, Clutton, BS39 5EN
Company No. 09710822, registered in England and Wales
1. Introduction
These Website Terms & Conditions (“Terms”) govern all website design, development, hosting, support, and related services provided by Bare Creative (“we,” “us,” “our”) to clients (“you,” “your,” “Client”). By commissioning services from Bare Creative, you agree to these Terms.
2. Definitions
- Project – The scope of work agreed between Bare Creative and the Client.
- Support Package – A monthly maintenance or update arrangement purchased from Bare Creative.
- Hosting Services – Hosting provided by Bare Creative under these Terms.
3. Quotations & Acceptance
- All proposals or quotations are valid for 30 days.
- Acceptance may be via email or signed approval.
- Work commences only upon receipt of any required deposit.
4. Payment Terms
- A 50% non-refundable deposit is required to begin work (unless otherwise agreed).
- Remaining balances are due upon completion, before going live or delivery.
- All invoices are payable within 7 days.
- Late payments may result in suspension of services or interest charges.
- All fees are exclusive of VAT unless stated otherwise.
5. Scope & Revisions
- The agreed scope is set out in the proposal or statement of work.
- Any additional features, pages, or services outside the agreed scope will be quoted separately.
- Two rounds of design revisions and one round of development revisions are included unless otherwise stated.
6. Client Responsibilities
- Provide all content, images, and feedback promptly.
- Ensure supplied materials do not infringe third-party IP rights.
- The Client is solely responsible for the legality and compliance of their website content, including privacy, data protection, and accessibility requirements.
7. Intellectual Property
- All intellectual property created by Bare Creative remains our property until full payment is received.
- Upon full payment, the Client receives a non-exclusive, perpetual license to use the final deliverables.
- We reserve the right to display completed work in our portfolio unless the Client objects in writing.
8. Hosting Services
- Provision – Secure UK-based servers with SSL certificates and routine security measures.
- Fees & Billing – Hosting fees are billed monthly in advance. Payment must remain up to date to avoid suspension.
- Minimum Term – Hosting Services have a minimum initial term of 12 months. After this, they continue on a rolling monthly basis unless cancelled with 30 days’ written notice. Early cancellation within the first 12 months does not release the Client from paying the balance.
- Service Levels – We will use reasonable efforts to maintain uptime, perform backups, and maintain security. However, we do not guarantee uninterrupted availability.
- Third-Party Responsibility – We are not responsible for third-party infrastructure, domain registrars, or payment gateways.
- Migration & Termination – Upon termination, we will provide reasonable assistance to migrate the Client's website (fees may apply).
9. Support & Maintenance
- Support Packages – Optional packages (e.g. Essentials, Boost, Max) covering updates, backups, security scans, and content changes.
- Minimum Term – All Support Packages have a minimum initial term of 12 months. After this, they continue on a rolling monthly basis unless cancelled with 30 days’ written notice. Early cancellation within the first 12 months does not release the Client from paying the balance.
- Scope of Support – Any request outside the agreed scope or not covered by a Support Package will be billed at £50 per hour unless otherwise agreed.
- Response Times – Support requests are handled according to the response times defined in the chosen package.
- Updates, Backups & Security – We perform routine updates and backups but are not liable for data loss or breaches caused by third-party software or vulnerabilities beyond our control.
- Payment & Renewal – Support Packages are billed monthly in advance and auto-renew unless cancelled with notice.
- Unused Time – Any unused support or content update time cannot be carried over, accrued, or saved. Time allocations reset each month and unused time is forfeited.
10. Third-Party Software Disclaimer
Bare Creative is not responsible for malfunctions, vulnerabilities, or incompatibilities arising from third-party software but will take reasonable steps to mitigate risks.
11. Data Protection & Backups
While we perform backups under hosting or support packages, the Client remains responsible for keeping independent backups of their own content and data.
12. Service Suspension for Non-Payment
We reserve the right to suspend hosting or support services immediately if payment is overdue by more than 14 days.
13. Liability
- We will perform services with reasonable care and skill but do not guarantee specific outcomes.
- Our total liability for hosting or support service failures is limited to the total fees paid by the Client for the affected service in the preceding three months.
- We shall not be liable for indirect, consequential, or special damages.
14. Confidentiality
Both parties agree to maintain confidentiality of all proprietary or sensitive information disclosed during the project, except where disclosure is required by law.
15. Force Majeure
Neither party will be liable for delays or failures to perform caused by events beyond their reasonable control.
16. Right to Update Terms
Bare Creative reserves the right to update these Terms from time to time with 30 days' notice.
17. Governing Law & Dispute Resolution
- These Terms are governed by and construed under the laws of England and Wales.
- Both parties agree to attempt informal negotiation or mediation before pursuing legal action.
- Disputes are subject to the exclusive jurisdiction of the English courts.
