Terms & Conditions.
At a Glance
These terms govern how we work together. They’re designed to be fair to both of us — protecting your investment while giving us the clarity we need to deliver great work. Here’s what matters most:
- Payment: Split equally over three months (33/33/34)
- Ownership: Your website is yours upon final payment
- Revisions: Two rounds of design revisions included as standard
- Warranty: 60-day bug fix guarantee after launch
- Timelines: We need your content and feedback to stay on track
- Flexibility: You can move your site elsewhere whenever you like
- Support: We’re here to help, with clear processes for changes and updates
If you have questions about anything below, just ask. We’d rather explain than have you agree to something you don’t fully understand.
1. Working Together
1.1 How These Terms Apply
When you accept a quotation or proposal from us — whether by signature, email confirmation, or beginning the project — these terms apply to our working relationship. We’ve written them to be clear and fair, so please read them before we begin.
1.2 Our Commitment to You
We’ll bring our expertise, creativity, and genuine care to your project. Every website we build, every SEO campaign we run, and every piece of work we deliver is approached with the same goal: helping your business thrive online.
We aim to respond to all emails within one business day. For urgent matters, give us a call — we’re always happy to chat.
1.3 Your Point of Contact
To keep things running smoothly, we’ll ask you to nominate one person as your primary contact. This helps us communicate efficiently and ensures decisions don’t get delayed.
2. Investment & Payment
2.1 Quotations
All quotations are valid for 30 days from the date of issue. After this period, we may need to revise pricing based on current availability and costs.
2.2 Payment Structure
Website Design Projects
Payment is split equally over three months:
- First payment (33%) — Due on acceptance of the proposal
- Second payment (33%) — Due 30 days after the first payment
- Third payment (34%) — Due 30 days after the second payment
We’ll need full payment before we publish your website or release final files.
Ongoing Services (SEO, Care Plans, Retainers)
These are billed monthly in advance via Direct Debit (GoCardless) or bank transfer, as agreed.
2.3 How to Pay
- Bank Transfer — Details provided on your invoice
- Direct Debit — Set up via GoCardless for recurring payments
Cheques can be sent to: Fertile.Digital, Office 1, Strawberry Fields Digital Hub, Euxton Lane, Chorley, PR7 1PS
2.4 Late Payments
We understand that cash flow can be challenging. If you’re having difficulty, please talk to us — we’d rather work something out than let things escalate.
Invoices unpaid after 30 days will incur a monthly service charge of 1.5% on the outstanding balance. If an account remains unpaid, we may need to pause services until the balance is cleared. We’ll always contact you before taking this step, as our goal is to resolve issues together.
2.5 Price Changes for Ongoing Services
We’ll give you at least 60 days’ written notice of any price increases to ongoing services like Care Plans or SEO retainers. This gives you time to budget accordingly or discuss alternatives with us.
2.6 Additional Costs
If your project requires items we haven’t quoted for — such as premium fonts, stock photography, or specialist integrations — we’ll get your approval before incurring any costs on your behalf.
3. Your Website Project
3.1 What We Need From You
To deliver your website on time, we’ll need:
- Text content — Provided as a Word document (or equivalent) with page titles matching the agreed sitemap
- Images and media — High-quality photos, videos, or graphics you’d like us to use
- Brand assets — Logos, colour codes, and any existing brand guidelines
- Feedback — Timely responses to our questions and design concepts
3.2 Content Deadlines
We’ll agree on content deadlines at the start of your project. We know gathering content takes time, so we’ll send friendly reminders as deadlines approach.
If content delivery is significantly delayed (more than 4 weeks beyond the agreed date), we may need to adjust your project timeline and potentially requote to account for rescheduling. We’ll always discuss this with you first and explore options together.
If we don’t hear from you at all for 30 days despite our attempts to reach you, we may need to pause the project. You’ll be invoiced for work completed to date, and reactivating will require a conversation about revised timelines.
3.3 Design Revisions
Your project includes two rounds of design revisions at each major stage (homepage concept, inner page templates). This gives you plenty of opportunity to refine the design to your liking.
A “revision round” means consolidated feedback on a design — so gather thoughts from your team and send them together rather than piecemeal. Additional revision rounds beyond the two included can be arranged at our standard hourly rate.
3.4 Review & Approval
We’ll share your website with you for review during the design phase and again before launch. You’ll have 10 days to provide feedback at each stage. After this period, or if you begin using the site commercially (accepting orders, sharing with customers, etc.), we’ll consider the work approved.
Once your website is complete, we’ll ask for final feedback within 21 days. If we don’t hear from you, we’ll mark the project as complete. Any changes after this point will be quoted as additional work.
3.5 Timelines
We’ll confirm your target launch date when you accept our proposal. This date assumes:
- Content is provided on time
- Feedback is given within agreed windows
- No significant scope changes during the project
3.6 Bug Fix Warranty
We stand behind our work. For 60 days after your website launches, we’ll fix any bugs in our code free of charge. This covers issues with functionality we built — not changes you’d like to make, third-party plugin issues, or problems caused by modifications made by others.
4. Ongoing Services & Renewals
4.1 Care Plans & Hosting
Our Care Plans include managed hosting, security updates, backups, and access to our premium plugin suite. These are billed monthly and can be cancelled with 30 days’ written notice
Included support hours are provided each month as specified in your plan. These don’t roll over to the following month — they’re there to ensure prompt attention to your requests rather than accumulating into larger projects. If you consistently need more time, we’ll suggest a plan that better fits your needs.
4.2 Plugin & Licence Renewals
Your website relies on various plugins and third-party tools to function properly. After the first year, we’ll renew these automatically to keep your site secure and working smoothly.
We’ll invoice you for renewals at the prevailing rates. If you’d like to change or cancel any renewals, just let us know in writing at least 30 days before the renewal date.
Please note: Removing certain plugins may affect how your site functions, and renewal fees can’t be refunded once processed. We’re happy to advise on the impact of any changes before you decide.
4.3 SEO & Marketing Services
SEO and digital marketing services are billed monthly. Results are cumulative — the longer we work together, the stronger your online presence becomes. We recommend a minimum 6-month commitment to see meaningful results, though services can be cancelled with 30 days’ written notice.
5. Changes & Additional Work
5.1 Scope Changes
If you’d like to add features or make changes beyond the original brief, we’re happy to help. We’ll provide a quote for any additional work before proceeding.
5.2 Hourly Rate
Work outside your agreed package is charged at £95 per hour, billed in 15-minute increments. Most additional projects are quoted on a fixed-price basis — we’ll always agree costs with you upfront.
5.3 What Counts as Additional Work
- New features or functionality not in the original brief
- Design revisions beyond the two included rounds
- Content updates beyond your Care Plan allowance
- Troubleshooting issues caused by third-party modifications
- Browser compatibility updates for new browser versions released after project completion
6. Ownership & Intellectual Property
6.1 Your Website Belongs to You
Upon final payment, full ownership of your website — including the design, code, and content we’ve created for you — transfers to you. You’re free to do with it as you wish.
What remains licensed (not owned):
- Third-party plugins and themes (licensed to you under their own terms)
- Stock images (licensed for your use, but you can’t resell them)
- Fonts (licensed according to their foundry’s terms)
6.2 Source Files
We’re happy to provide source files (Figma, PSD, or similar) upon request after final payment. These are yours as part of the project — no additional charge. Just ask and we’ll package them up for you.
6.3 Your Existing Materials
You retain full ownership of any content, logos, or materials you provide to us. By sharing them, you’re giving us permission to use them in delivering your project.
6.4 Third-Party Content
If you provide content that belongs to someone else (images, text, music, etc.), you’re responsible for ensuring you have permission to use it. We’ll take your word that proper permissions have been obtained, and we may ask for evidence if needed.
7. Showcasing Our Work Together
7.1 Portfolio & Case Studies
We’re proud of the work we do, and we’d love to showcase your project as an example of what’s possible. With your permission, we may:
- Feature your website in our online portfolio
- Create a case study highlighting the project’s goals, process, and results
- Share screenshots or project details on our social media channels
- Reference your project in proposals to prospective clients
- Include your logo in our client roster
7.2 How We'll Handle This
Before publishing any detailed case study or using specific results/metrics, we’ll share it with you for approval. For simple portfolio entries (screenshot, brief description, link to your site), we’ll proceed unless you’ve told us otherwise.
7.3 Opting Out
If you’d prefer we didn’t feature your project publicly — for confidentiality, competitive reasons, or any other reason — just let us know. We completely understand and will respect your wishes. You can opt out at any time, and we’ll remove any existing features within 14 days of your request.
7.4 Testimonials & Reviews
If you’re happy with our work, we’d be grateful for a testimonial or Google review. We may ask, but there’s never any pressure. If you do provide a testimonial, we may use it on our website and marketing materials, attributed to you and your company unless you’d prefer to remain anonymous.
8. Hosting & Migration
8.1 Your Freedom to Move
Your website is yours. You’re free to migrate to another host at any time. If you’d like our help with the handover, we’ll provide reasonable assistance subject to completion of our Transfer Request Form and payment of a £95 + VAT administration fee. This covers preparing backup files, coordinating the technical handover, and disconnecting any plugin licenses we manage on your behalf.
Please note that premium plugin licenses included in your Care Plan cannot be transferred to another hosting provider. You’ll need to arrange new licenses directly with the plugin vendors to keep these features active after your move. We’re happy to advise on what’s needed.
8.2 Our Hosting Service
If you host with us, we provide:
- UK-based managed hosting on premium infrastructure
- Daily backups with 30-day retention
- Security monitoring and malware protection
- 99.9% uptime target
Full hosting terms are detailed in our Care Plan documentation.
9. Search Engine Optimisation
9.1 When SEO Begins
SEO work and search engine submissions only begin after you’ve formally approved your website. We can’t be held responsible for visibility issues if approval is delayed.
9.2 What We Can (and Can't) Promise
SEO is a long-term strategy, not a quick fix. We’ll implement proven techniques to improve your visibility, but we can’t guarantee specific rankings — no legitimate SEO company can.
What we can promise:
- Transparent reporting on what we’re doing and the results we’re achieving
- Strategies based on current best practices
- Honest advice about what’s realistic for your market
10. How We Work
10.1 Our Team
We’re a UK-based agency. Your project may involve specialists from across our team, and we remain responsible for all work delivered.
10.2 AI-Assisted Tools
We use AI-assisted tools in our workflow for tasks such as content drafting, research, code assistance, and process automation. All AI-generated outputs are reviewed and refined by our team before delivery. These tools help us work efficiently while maintaining the quality and creativity you’d expect from a human-led agency.
10.3 Third-Party Services
Your project may involve third-party services (hosting providers, payment gateways, analytics platforms, etc.). These services have their own terms and conditions. We’ll help you understand what’s involved, but you’ll be entering into agreements with these providers directly.
11. Data Protection & Privacy
11.1 Your Data
We take data protection seriously. Here’s how we handle your information:
What we collect:
- Contact details and business information needed to deliver your project
- Website analytics and performance data
- Communication records
How we use it:
- To deliver and improve our services
- To communicate with you about your project
- To send relevant updates (you can opt out anytime)
How we protect it:
- Secure storage with access limited to team members who need it
- Regular security reviews and updates
- Encrypted connections for sensitive data
11.2 GDPR Compliance
We comply with the UK General Data Protection Regulation (UK GDPR). If we process personal data on your behalf (for example, handling enquiries through your website), we act as a Data Processor under your instruction.Your project may involve third-party services (hosting providers, payment gateways, analytics platforms, etc.). These services have their own terms and conditions. We’ll help you understand what’s involved, but you’ll be entering into agreements with these providers directly.
11.3 Data on Project Completion
When our working relationship ends:
- We’ll retain project files for 12 months in case you need them
- We’ll delete or return personal data upon request
- Some data may be retained for legal or accounting purposes
11.4 Your Website's Compliance
If your website collects personal data (contact forms, e-commerce, etc.), you’re responsible for ensuring it complies with data protection laws. We can advise on best practices and implement appropriate measures as part of your project.
12. Browser & Device Compatibility
12.1 What We Test
We design and test websites to work beautifully across:
- Current versions of major browsers (Chrome, Firefox, Safari, Edge)
- Mobile devices (iOS and Android)
- Tablets and desktops
12.2 Legacy Browsers
We don’t support Internet Explorer or other discontinued browsers. If you need legacy browser support, please let us know before the project begins — this may affect the quote.
12.3 Future Browser Updates
Technology moves fast. If a future browser update affects how your site displays, we’ll let you know and quote for any necessary updates.
13. If Things Don't Go to Plan
13.1 Project Cancellation
If you need to cancel:
- Before work begins: Full refund
- After work begins: You’ll be invoiced for work completed to date only
- After website delivery: No refund, but we’re happy to discuss how we can help going forward
If we need to cancel:
- We’ll give you as much notice as possible
- You’ll receive all work completed to date
- You’ll only be invoiced for work already delivered
13.2 Project Pauses
Life happens. If you need to pause your project, we’ll try to accommodate you. For pauses longer than 30 days, we may need to charge a reactivation fee (typically £250-£500) to cover the work of re-scoping the project, reallocating team resources, and getting back up to speed. We’ll discuss this with you before any charges apply.
13.3 Ending Ongoing Services
To end Care Plans, SEO, or other ongoing services, please give us 30 days’ written notice. Email is fine — just send it to support@fertile.digital.
14. Refunds
14.1 When Refunds Apply
- Before work begins: Full refund
- After work begins: No cash refund, but credit toward future work may be available
- After website delivery: No refund
14.2 Server Compatibility
If you’ve chosen to host elsewhere and encounter compatibility issues, we’ll provide up to 3 hours of troubleshooting support. Additional troubleshooting is charged at our standard hourly rate.
15. Liability & Indemnity
15.1 Our Liability
We care deeply about the quality of our work, but we need to be realistic about what we can be held responsible for.
Our total liability for any claim arising from our services is limited to the fees you’ve paid us in the 3 months before the claim arose.
We’re not liable for:
- Indirect or consequential losses (lost profits, lost data, business interruption)
- Issues caused by third-party services, hosting providers, or software
- Problems arising from modifications you or others make to our work
- Circumstances beyond our reasonable control
15.2 Your Responsibilities
You agree to:
- Ensure you have rights to any content you provide
- Use our services lawfully and ethically
- Maintain your own backups of critical business data
- Keep your website’s software updated (or use our Care Plan)
15.3 Indemnity
You agree to indemnify us against claims, costs, and damages arising from:
- Content you provide that infringes others’ rights
- Your use of the website or services we provide
- Any breach of these terms
15.4 Modifications by Others
If you or a third party modifies your website before formal project completion, we may not be able to identify whether issues stem from our work or subsequent changes. This may affect our troubleshooting obligations and bug fix warranty.
16. Things Beyond Our Control
We won’t be liable for delays or failures caused by circumstances beyond our reasonable control, including:
- Natural disasters, severe weather, or acts of God
- War, terrorism, or civil unrest
- Strikes, industrial action, or government actions
- Power failures, internet outages, or third-party service failures
- Pandemics or public health emergencies
We’ll always do our best to minimise disruption and keep you informed.
17. Warranties
17.1 What We Warrant
We warrant that our services will be delivered with reasonable skill and care, substantially in accordance with what we’ve agreed.
17.2 Our 60-Day Bug Fix Guarantee
For 60 days after your website launches, we’ll fix any bugs in code we’ve written, free of charge. This is our commitment to delivering work we’re proud of.
17.3 What We Don't Warrant
We can’t warrant that:
- Services will be uninterrupted or error-free
- Your website will achieve specific results (traffic, rankings, sales)
- Third-party software will be free from bugs or security issues
17.4 Third-Party Software
Any warranties for third-party software or plugins come from the manufacturer or developer, not from us.
18. General Terms
18.1 Changes to These Terms
We may update these terms from time to time. When we do, we’ll update the “Last Updated” date at the top. Continued use of our services after changes constitutes acceptance of the new terms.
18.2 Entire Agreement
These terms, together with your accepted quotation or proposal, form the complete agreement between us. They supersede any previous discussions or agreements.
18.3 Severability
If any part of these terms is found to be unenforceable, the rest remains in full effect.
18.4 No Waiver
If we don’t enforce a right under these terms, that doesn’t mean we’ve waived it.
18.5 Assignment
You can’t transfer your rights under these terms without our written consent. We may transfer our rights to a successor business.
18.4 No Waiver
These terms are governed by the laws of England and Wales. Any disputes will be resolved in the courts of England and Wales.
19. How to Contact Us
Fertile Frog Ltd t/a Fertile.Digital
Address:
Office 1, Strawberry Fields Digital Hub
Euxton Lane
Chorley
PR7 1PS
Phone: 020 4600 5040
Email: hello@fertile.digital
Support: support@fertile.digital
Company Registration: 08292824
VAT Registration: GB270085517
Questions?
We’ve tried to make these terms as clear as possible, but legal documents can still be confusing. If anything doesn’t make sense, please ask. We’re always happy to explain.
We’d rather you understood and felt comfortable with our working relationship than agreed to terms you hadn’t fully read.
These terms and conditions are effective from the date of your first order or agreement with us.