Website Project
Terms & Conditions

These Terms And Conditions (“Terms”) are agreed by Wild Agency Ltd (“We” or “Us”) and the entity agreeing to these Terms (“You”). If You are acting on behalf of another entity, You represent and warrant that You have the legal authority to commit that entity to these Terms.

The “Proposal” refers to the digital website proposal submitted to you in which these Terms and Conditions pertains to.

The “Website Project” refers the work proposed by Wild Agency Ltd which is set out in “the Proposal”.

The “Scope of Work” refers to the final specification of the entire Website Project you agree to.

Upon signing the Scope of Work for the Website Project, you agree to the Website Project Terms and Conditions.

  1. Agreement
    • The Proposal is valid for 30 days from date of issue.
    • A Service Level Agreement will be submitted to You, along with the Website Project Terms and Conditions, for You to sign.
    • Upon agreeing the Scope of Work, You agree to purchase the Website (the “Website”) from Us.
    • You agree to supply Us with content for use in the design of the Website in a timely manner.
    • You agree to maintaining a good working relationship with Us throughout the Website Project.
    • You agree to the review and approval of work submitted by Us to You in good time to enable Us to keep to the agreed timelines and deadlines.
    • You agree that the Website developed for You may be presented in Wild Agency Ltd’s, and Associates, portfolio of work.
  2. Hosting

Your website will be hosted by Wild Agency Ltd via Stablepoint, unless otherwise agreed.  The Hosting & Maintenance package is detailed in The Proposal.

  1. Domain
    • If You already own the domain You wish to point Your new Website to, We shall provide You with the necessary details for changing the DNS settings of Your current domain. If Your domain is registered with Us, we will update the DNS.
    • New domains are purchased on Your behalf in Your name unless otherwise agreed.
    • The cost of the domain is detailed in the Proposal. This will be agreed with You in writing before purchase.
    • The domain will remain the property of You, the Client.
    • Domains are registered for a minimum of 12 months from the date of registration. The renewal date will be provided to You when the domain has been purchased and we will notify you 30 days prior to the expiry date to arrange payment for the next agreed term of registration.
  1. WordPress CMS
    • Your Website will be built Using WordPress CMS.
    • We cannot be held responsible for issues out of our control that occur due to WordPress updating their software after the build of Your Website is complete. We always endeavour to address any issues which arise due to WordPress updates or changes.
  1. WordPress Plugins
    • Free and/or premium Plugins may be installed on Your Website to enable necessary functionality.
    • We cannot be held responsible for issues out of our control that occur due to Plugin software updates after the build of Your Website is complete. We always endeavour to address any issues which arise due to Plugin updates or changes
  1. SSL Certificate
    • An SSL Certificate provided by ‘Let’s Encrypt’, ‘Amazon CloudFlare’ or another of our recommended providers will be activated on the Website unless you specify you wish to purchase a 3rd Party SSL Certificate. In which case, we will install your SSL Certificate on your domain. A cost for installing Your SSL Certificate may be incurred depending on Your provider.
    • We cannot be held responsible for issues that occur due SSL Certificates changing their conditions after the build of the Website is complete. We always endeavour to address any issues which arise due to SSL Certificate changes.
  1. Intellectual Property
    • You agree that by submitting content to Us for use on Your Website You grant Us a perpetual, non-exclusive, worldwide, royalty-free licence to reproduce, modify, adapt, publish, and distribute such content for Your Website. You represent and warrant that You have the necessary rights to grant such rights to Us.
    • By law, content, including but not limited to, copy, photographs, images and designs cannot be taken from 3rd party sources such as websites without the exclusive consent of the copyright owner. Wild Agency Ltd will not check if content provided is taken from other sources. Wild Agency Ltd cannot be held liable for breaches of copyright due to the Client providing unlicenced or unauthorised content.
    • Stock Images and Stock Videos, (Stock Assets)
      • We may sublicense content (“Stock Assets”) to You from third parties (“Stock Suppliers”) for Use on Your Website. You understand that such licences prohibit the Use of Stock Assets outside of Your Website, including but not limited to Use in printed matter, on social media or on other Websites which You may operate now or in the future. You agree not to Use Stock Assets in a manner that would place Us in violation of Our contractual agreements with the Stock Suppliers concerned.
      • Stock Asset Limited Sublicenses are non-transferable.
      • You do not hold the copyright or license to re-sell, re-distribute or manipulate any Stock Assets purchased and provided by Us.
    • Photographs, Videos and Graphical Images (Bespoke Assets)
      • Wild Agency Ltd is and will remain the Owner of all Bespoke Assets created by Us on the website.
      • A copyright licence of the Bespoke Assets created by Us used on the Website will be granted to You on final payment of the Website Project.
      • Upon the copyright licence being granted to You, You withhold the right to use these Bespoke Assets for commercial use for your business.
      • Bespoke Asset licenses are non-transferable.
      • You do not hold the copyright license to re-sell or re-distribute any Bespoke Assets owned by Us used on the Website.
    • Copyright of the website and its images, layout, pages, code and source files created by Us are transferred to the Client upon receipt of the final invoice payment for the website.
  1. Technical support

Technical support for services and accounts owned and/or purchased by You is not provided by Us, unless agreed prior.  This includes, but is not limited to, changing DNS settings on servers not managed by Us, email configuration on servers not managed by Us, domain transfers and Google tools.

  1. Price and Payment
    • Payment for the Website must be made by Bank Transfer. Payment details will be provided on Your Invoice.
    • 50% deposit of the total estimated cost detailed in the agreed Scope of Work must be paid in full before work on Your Website commences.
    • If We are registering a new domain for Your Website, the fee for a minimum of 12 months of registration will be added to the first invoice.
    • Interim invoices may be submitted to You at stages throughout the Project.
    • The final balance will be due once the Website Project is deemed as “Complete” by You and Us.
    • Additional work You request, or work that is deemed necessary by Us that is not specified in the agreed Scope of Work, is subject to an additional Proposal and/or Estimate on agreement of the specification. If the work is needed as part of the Website Project, then this may affect the time scale and overall delivery time of the Website Project.
    • The final balance may include additional costs for products and services not within the agreed Scope of Work. For example, additional stock images, amends beyond the “Amends Process”, technical support, travel costs and additional meetings.
    • Travel costs are charged at £0.45 per mile and are not included in the Website Project cost.
  1. Cancellation
    • You may give notice of Your intention to cancel the Website Project SLA at any time without giving any reason. The date upon which this agreement terminates (“Cancellation Date”) is determined solely from the date on which We receive Your notice (“Notice Date”). Should You cancel this agreement prior to the completion of the Website Project, We will invoice You for work carried out up to the cancellation date, less Your 50% deposit.
    • We reserve the right to cancel this agreement at any time if you fail to uphold your agreement as detailed in section 1. The “Notice Date” and “Cancellation Date” shall then be the date on which We give notice of Our cancellation. Should We cancel this agreement prior to the completion of the design of the Website, We will invoice You for work carried out up to the cancellation date, less Your 50% deposit.
  1. Website Project Process
    • On Your initial approval of the Proposal and upon your instruction to proceed with the Website Project, We will provide You with a Scope of Work detailing the refined scope and cost, the Service Level Agreement to sign and a copy of the Wild Agency Ltd Website Project Terms and Conditions.
    • Your Website Project is classed as ‘ordered’ once You have submitted to us the signed Service Level Agreement and paid the first invoice for 50% of the estimated cost for the Website Project.
    • We will schedule the Website Project only after 12.2 has been actioned.
    • We will commence the Website Project once all the required assets and information detailed (“Content”) we have specified have been received by Us.
    • Additional work, products and services not included in the Proposal may be proposed to You at stages throughout the Website Project.
    • The Website Project Amendments Process
      • Pages or Areas of the Website may be submitted to you at stages throughout the Project for initial approval and amend requests.
      • One round of design and text amendments per area of the website is included in the estimated cost during the approval stage. Further amends are possible; however, they may incur additional costs depending on the work involved. This can be estimated on request.
      • Your amendments will be implemented and re-submitted to You for final approval. On final approval, the area of the Website will be deemed as Complete. Any further amends to Completed areas are not included in the estimated cost and therefore may incur an additional charge.
    • The Website Project will be deemed as “Complete” once You and We have agreed in writing that the Website meets the criteria detailed in the Scope of Work.
  1. Parked ProjectsIf we encounter extensive delays, after repeated requests by Us to obtain feedback, content, or information from You, resulting in Us being unable to complete your project due to the lack of provision of such information from You, we reserve the right to park your project until such a time that You are more ready for it to continue. In this instance, we will notify you in writing that your project is parked and raise an invoice for the balance due for work carried out to date. When we receive the required feedback, content, or information from You and You wish for Us to continue with your website project, we will provide you with a revised timeline and the dates scheduled for recommencement of the project.
  2. Defects

We will inform You once the design of the Website has been completed. It is Your responsibility to inform Us of any errors in the functionality, in the design or content of the Website. If the design of the Website is not in accordance with this agreement for any reason Your sole remedy is limited to Us making good any errors or omissions.

  1. Improper Use
    • The Website, Software, and any other services We provide to You (collectively “Services”) may only be Used for lawful purposes. You agree to indemnify Us and hold Us harmless from any and all claims resulting from unlawful use of the Services.
    • We reserve the right to modify or restrict access to the Website, without giving notice, if We have reason to believe that the Website may be in breach of relevant legislation. We will incur no liability in relation to this action, even if the Website is subsequently determined not to be in breach of relevant legislation.
  1. Exclusions of Liability
    • We will incur no liability for loss or damage to the Website and any of its parts if You download, export, delete or change any aspect of the Website code, functionality, design or hosting.
    • We will incur no liability for any errors in Your instructions or the Content not corrected by You. You take full responsibility for ensuring that Your instructions and the Content are correct.
    • We will incur no liability for your Website not conforming to the General Data Protection Regulation. You take full responsibility for ensuring that Your Website adheres to the law.
    • You are responsible for maintaining the confidentiality of Your passwords and for restricting access to any device You use to access accounts associated with Your Website. We will incur no liability for any consequence of Your failure to ensure such confidentiality and access restrictions. You agree to indemnify Us and hold Us harmless from any and all claims resulting from unlawful actions carried out through Your account.
    • We may provide You with an estimated timeline for the Website Project. Such estimates are strictly advisory and are not guarantees. We will incur no liability for delays in the design of the Website.
    • We make no guarantees in relation to the availability of the Website, and will incur no liability if the Website is temporarily unavailable for whatever reason.
    • We will incur no liability if any aspect of the Website that is dependent on a third-party service ceases to function, or if any material We produce for Use with a third-party service ceases to be usable, due to the actions of that third party.
    • In the event of any breach of contract by Us, the remedies available to You are limited to damages. Under no circumstances shall Our liability exceed the amount paid.
  1. Force Majeure

We shall not be held liable for failure to perform Our obligations under this agreement due to act of God, war, civil war, sabotage, act of terrorism, government sanction, embargo, import regulation, export regulation, labour disputes (including strikes, lockouts, boycotts, or other industrial action), failure in the transportation of equipment, machinery or personnel, failure in the provision of any utility (including power, gas, water, or communication services), or any event or circumstance beyond Our reasonable control.

  1. Disputes

In the event of any dispute with Us, please email Us at [email protected]

  1. Assignment

You may not assign the benefits of this agreement to any other party.

  1. Notices
    • A notice required or permitted to be given by Us to You under these Terms shall be delivered to the e-mail address You have specified in Your account. Notice shall be considered to be received by You within 24 hours of the time it is e-mailed to You. We will incur no liability for Your failure to receive such a notice due to any errors in Your specified contact details not corrected by You.
    • A notice required or permitted to be given by You to Us under these Terms shall be delivered in writing to Our email [email protected]
  1. Changes to Terms and Conditions
    • We may at any time, and at Our sole discretion, modify these Terms (a “Change”) by giving notice of the Change and providing a revised version of this agreement to You.
    • A Change will take effect one calendar month after We give notice, except where the Change is required by law or the Change neither reduces Your rights nor increases Your responsibilities. In such cases, the Change will be made without notice and shall take effect immediately.
  1. Validity

If any provision of these terms and conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the terms and conditions in question shall not be affected and shall remain in full force.

  1. Governing Law

The law of England and Wales governs this contract and the parties submit to its exclusive jurisdiction.