{"id":546,"date":"2024-09-19T12:26:22","date_gmt":"2024-09-19T12:26:22","guid":{"rendered":"https:\/\/optsearchsolutions.com\/home\/contact-copy\/"},"modified":"2026-08-15T17:12:26","modified_gmt":"2026-08-15T17:12:26","slug":"terms-and-conditions-for-web-development","status":"publish","type":"page","link":"https:\/\/optsearchsolutions.com\/home\/terms-and-conditions-for-web-development\/","title":{"rendered":"Terms and Conditions For Web Development"},"content":{"rendered":"\n
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Website Services<\/div>

Website Design & Development \u2013 Terms & Conditions<\/span><\/h1><\/div> <\/div>\n<\/div>\n <\/div>\n <\/div>\n <\/div>\n
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Website Design & Development \u2013 Terms & Conditions<\/h2>\n

These Terms & Conditions apply to website design, development and related services supplied by OptSearch Solutions<\/strong> (the \u201cDeveloper\u201d<\/strong>) to the person or business accepting a quotation, proposal or order (the \u201cClient\u201d<\/strong>).<\/p>\n

The agreement consists of the accepted quotation, proposal or Order Form together with these Terms & Conditions. If there is any inconsistency, the specific terms stated in the accepted quotation or Order Form will take priority.<\/p>\n<\/div>\n\n

1. Definitions<\/h3>\n

In these Terms:<\/p>\n

    \n
  • Additional Services<\/strong> means services requested by the Client which are outside the agreed Specification or quotation.<\/li>\n
  • Client Materials<\/strong> means all text, images, logos, data, files, product information and other materials supplied by or on behalf of the Client.<\/li>\n
  • Development Services<\/strong> means the website design, development, configuration and related services described in the accepted quotation or Order Form.<\/li>\n
  • Fees<\/strong> means the charges stated in the quotation, Order Form or otherwise agreed in Writing.<\/li>\n
  • Order Form<\/strong> includes an accepted quotation, proposal, written scope of work or other written confirmation of the project.<\/li>\n
  • Specification<\/strong> means the agreed description, features, pages, functionality and deliverables for the Website.<\/li>\n
  • Third Party Services<\/strong> includes hosting providers, domain registrars, WordPress, themes, plugins, payment gateways, Google services, email providers, APIs, stock-image services and other third-party products or platforms.<\/li>\n
  • Website<\/strong> means the website or digital solution to be created under the agreement.<\/li>\n
  • Writing<\/strong> includes email and other written electronic communications.<\/li>\n<\/ul>\n\n

    2. Services and Scope<\/h3>\n

    2.1 The Developer will provide the Development Services described in the accepted quotation or Order Form.<\/p>\n

    2.2 The project price covers only the work included in the agreed Specification.<\/p>\n

    2.3 Additional pages, functionality, integrations, design changes or other work requested outside the agreed Specification may be treated as Additional Services and quoted separately.<\/p>\n

    2.4 Minor reasonable amendments during development may be included where appropriate. Substantial redesigns, repeated revisions or changes to previously approved work may incur additional charges.<\/p>\n\n

    3. Client Responsibilities<\/h3>\n

    3.1 The Client shall provide all information, approvals, access credentials and Client Materials reasonably required to complete the project.<\/p>\n

    3.2 The Client is responsible for checking the accuracy, spelling, legality and suitability of Client Materials supplied for publication.<\/p>\n

    3.3 The Client warrants that it owns, or has permission to use, all Client Materials and that their use will not infringe the rights of any third party.<\/p>\n

    3.4 The Client shall provide feedback and approvals within a reasonable time so that the project can progress.<\/p>\n\n

    4. Project Timescales and Client Delays<\/h3>\n

    4.1 Any completion date or timetable is an estimate unless expressly agreed in Writing as a fixed deadline.<\/p>\n

    4.2 The Developer will use reasonable efforts to meet agreed timescales but will not be responsible for delays caused by circumstances outside its reasonable control.<\/p>\n

    4.3 Where the Client delays providing content, information, access, feedback or approval, the project timetable may be extended accordingly.<\/p>\n

    4.4 If a project is substantially delayed by the Client, the Developer may reschedule the work according to availability.<\/p>\n\n

    5. Fees, Deposits and Payment<\/h3>\n

    5.1 The project Fees and payment stages will be stated in the quotation or Order Form.<\/p>\n

    5.2 Where a deposit or initial payment is required, work may not begin until that payment has been received.<\/p>\n

    5.3 Unless otherwise agreed in Writing, any outstanding development balance must be paid before final launch, transfer, handover or release of the completed Website.<\/p>\n

    5.4 Third-party costs, licences, premium plugins, stock assets, domains, hosting or other external charges are not included unless expressly stated in the quotation.<\/p>\n

    5.5 If the Client requests Additional Services or changes to the agreed scope, the Developer may provide a revised quotation or charge at an agreed hourly or fixed rate.<\/p>\n

    5.6 Where the Client is acting in the course of business, overdue payments may be subject to any statutory interest and recovery costs available under applicable UK late-payment legislation.<\/p>\n\n

    6. Acceptance, Testing and Defects<\/h3>\n

    6.1 The Client is responsible for reviewing and testing the Website when it is presented for approval.<\/p>\n

    6.2 The Client should notify the Developer promptly in Writing of any material error or failure to comply with the agreed Specification.<\/p>\n

    6.3 Unless otherwise agreed, the Developer will correct genuine development defects reported within 90 days<\/strong> of launch or delivery where those defects relate directly to work carried out by the Developer.<\/p>\n

    6.4 The 90-day defect period does not cover new functionality, content changes, third-party failures, browser or platform changes occurring after delivery, malware, hosting issues outside the Developer’s control or changes made by the Client or another third party.<\/p>\n\n

    7. Website Launch and Handover<\/h3>\n

    7.1 The Website will normally be launched or handed over once the agreed work has been completed, the Client has provided final approval and all amounts due have been paid.<\/p>\n

    7.2 The Developer may withhold launch, transfer, credentials or final deliverables while undisputed Fees remain outstanding.<\/p>\n

    7.3 The Client is responsible for reviewing the live Website following launch and reporting any genuine launch-related issue promptly.<\/p>\n\n

    8. Hosting, Maintenance and Ongoing Support<\/h3>\n

    8.1 Website development does not automatically include ongoing hosting, maintenance, security monitoring, content updates or technical support unless these services are expressly included in the quotation or covered by a separate maintenance agreement.<\/p>\n

    8.2 Hosting and maintenance plans may be renewed separately and may have their own pricing and service terms.<\/p>\n

    8.3 Where the Client chooses not to purchase ongoing maintenance, responsibility for future updates, backups, security and general website management passes to the Client following handover.<\/p>\n\n

    9. Third Party Services<\/h3>\n

    9.1 Websites may rely on Third Party Services that are not owned or controlled by the Developer.<\/p>\n

    9.2 The Developer is not responsible for changes, outages, discontinuation, pricing changes, security incidents or other failures caused by third-party providers outside the Developer’s reasonable control.<\/p>\n

    9.3 Where paid third-party licences or subscriptions are required, responsibility for ongoing renewal will be stated in the quotation or handover information.<\/p>\n\n

    10. Cancellation and Termination<\/h3>\n

    10.1 Either party may terminate the agreement if the other commits a material breach and, where the breach can be remedied, fails to remedy it within a reasonable period after written notice.<\/p>\n

    10.2 The Client may cancel a project by giving written notice. The Client will remain responsible for reasonable Fees for work already completed and any non-recoverable costs or commitments incurred for the project, subject to applicable law.<\/p>\n

    10.3 If the Client fails to pay an undisputed amount when due, the Developer may suspend work after giving reasonable notice.<\/p>\n

    10.4 Termination does not affect rights or payment obligations that arose before termination.<\/p>\n\n

    11. Intellectual Property<\/h3>\n

    11.1 The Client retains ownership of Client Materials supplied to the Developer.<\/p>\n

    11.2 Once all Fees have been paid, the Client may use the final bespoke website design and content created specifically for the project for the operation of the Website.<\/p>\n

    11.3 The Developer retains ownership of its pre-existing tools, methods, reusable code, templates, development techniques and other materials not created exclusively for the Client.<\/p>\n

    11.4 Third Party Services, themes, plugins, fonts, stock images and other licensed materials remain subject to the licences and terms of their respective owners.<\/p>\n\n

    12. Portfolio and Accreditation<\/h3>\n

    12.1 Unless the Client asks otherwise in Writing, the Developer may include a discreet website credit and may display the completed Website, Client name and publicly available project information in its portfolio and marketing materials.<\/p>\n\n

    13. Data Protection<\/h3>\n

    13.1 Each party shall comply with applicable UK data protection law, including the UK GDPR and the Data Protection Act 2018, where relevant to the Services.<\/p>\n

    13.2 Where the Developer processes personal data on behalf of the Client as a data processor, the parties will put in place any additional data-processing terms required by applicable law.<\/p>\n

    13.3 The Client remains responsible for determining the lawful basis for personal data collected through its Website and for maintaining appropriate privacy information, cookie information and other compliance documentation unless the Developer has expressly agreed to provide those services.<\/p>\n\n

    14. Confidentiality<\/h3>\n

    14.1 Each party shall keep confidential any confidential business, technical or commercial information received from the other in connection with the project.<\/p>\n

    14.2 This obligation does not apply to information that is already public, was lawfully obtained from another source or must be disclosed by law.<\/p>\n\n

    15. Warranties and Compatibility<\/h3>\n

    15.1 The Developer will perform the Services with reasonable care and skill.<\/p>\n

    15.2 The Developer does not guarantee that a Website will achieve any particular search-engine position, visitor level, sales volume, conversion rate or commercial result.<\/p>\n

    15.3 The Developer will take reasonable steps to support current mainstream browsers and devices at the time of development but cannot guarantee continued compatibility with future browser, operating-system or third-party platform changes.<\/p>\n\n

    16. Liability<\/h3>\n

    16.1 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.<\/p>\n

    16.2 Subject to clause 16.1, the Developer will not be liable for indirect or consequential loss, loss of anticipated profits, loss of business opportunities or loss resulting from third-party services where such loss was not reasonably foreseeable.<\/p>\n

    16.3 Subject to clause 16.1 and to the fullest extent permitted by law, the Developer’s aggregate liability arising from the Development Services shall not exceed the total Fees paid or payable for the project giving rise to the claim.<\/p>\n\n

    17. General<\/h3>\n

    17.1 Neither party will be liable for delay or failure caused by circumstances beyond its reasonable control.<\/p>\n

    17.2 No amendment to the agreed Specification or these Terms will be binding unless agreed in Writing.<\/p>\n

    17.3 If any provision is found unenforceable, the remaining provisions will continue in effect.<\/p>\n

    17.4 A failure to enforce a right immediately does not waive that right.<\/p>\n

    17.5 These Terms, together with the accepted quotation or Order Form, constitute the agreement between the parties in relation to the project.<\/p>\n\n

    18. Governing Law<\/h3>\n

    18.1 These Terms are governed by the laws of England and Wales and, subject to any mandatory legal rights that apply, the courts of England and Wales shall have jurisdiction.<\/p>\n\n

    \nImportant:<\/strong> These Terms should be read together with the quotation or Order Form for each project, which sets out the specific scope, price, payment schedule and any additional project-specific conditions.\n<\/div>\n<\/div> <\/div>\n<\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n\n\n\n

    <\/p>","protected":false},"excerpt":{"rendered":"","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-546","page","type-page","status-publish","hentry","has-post-title","has-post-date","has-post-category","has-post-tag","has-post-comment","has-post-author",""],"builder_content":"Website Services

    Website Design & Development \u2013 Terms & Conditions<\/h1>\n

    Website Design & Development \u2013 Terms & Conditions<\/h2>

    These Terms & Conditions apply to website design, development and related services supplied by OptSearch Solutions<\/strong> (the \u201cDeveloper\u201d<\/strong>) to the person or business accepting a quotation, proposal or order (the \u201cClient\u201d<\/strong>).<\/p>

    The agreement consists of the accepted quotation, proposal or Order Form together with these Terms & Conditions. If there is any inconsistency, the specific terms stated in the accepted quotation or Order Form will take priority.<\/p>\n

    1. Definitions<\/h3>

    In these Terms:<\/p>

    • Additional Services<\/strong> means services requested by the Client which are outside the agreed Specification or quotation.<\/li>
    • Client Materials<\/strong> means all text, images, logos, data, files, product information and other materials supplied by or on behalf of the Client.<\/li>
    • Development Services<\/strong> means the website design, development, configuration and related services described in the accepted quotation or Order Form.<\/li>
    • Fees<\/strong> means the charges stated in the quotation, Order Form or otherwise agreed in Writing.<\/li>
    • Order Form<\/strong> includes an accepted quotation, proposal, written scope of work or other written confirmation of the project.<\/li>
    • Specification<\/strong> means the agreed description, features, pages, functionality and deliverables for the Website.<\/li>
    • Third Party Services<\/strong> includes hosting providers, domain registrars, WordPress, themes, plugins, payment gateways, Google services, email providers, APIs, stock-image services and other third-party products or platforms.<\/li>
    • Website<\/strong> means the website or digital solution to be created under the agreement.<\/li>
    • Writing<\/strong> includes email and other written electronic communications.<\/li> <\/ul>\n

      2. Services and Scope<\/h3>

      2.1 The Developer will provide the Development Services described in the accepted quotation or Order Form.<\/p>

      2.2 The project price covers only the work included in the agreed Specification.<\/p>

      2.3 Additional pages, functionality, integrations, design changes or other work requested outside the agreed Specification may be treated as Additional Services and quoted separately.<\/p>

      2.4 Minor reasonable amendments during development may be included where appropriate. Substantial redesigns, repeated revisions or changes to previously approved work may incur additional charges.<\/p>\n

      3. Client Responsibilities<\/h3>

      3.1 The Client shall provide all information, approvals, access credentials and Client Materials reasonably required to complete the project.<\/p>

      3.2 The Client is responsible for checking the accuracy, spelling, legality and suitability of Client Materials supplied for publication.<\/p>

      3.3 The Client warrants that it owns, or has permission to use, all Client Materials and that their use will not infringe the rights of any third party.<\/p>

      3.4 The Client shall provide feedback and approvals within a reasonable time so that the project can progress.<\/p>\n

      4. Project Timescales and Client Delays<\/h3>

      4.1 Any completion date or timetable is an estimate unless expressly agreed in Writing as a fixed deadline.<\/p>

      4.2 The Developer will use reasonable efforts to meet agreed timescales but will not be responsible for delays caused by circumstances outside its reasonable control.<\/p>

      4.3 Where the Client delays providing content, information, access, feedback or approval, the project timetable may be extended accordingly.<\/p>

      4.4 If a project is substantially delayed by the Client, the Developer may reschedule the work according to availability.<\/p>\n

      5. Fees, Deposits and Payment<\/h3>

      5.1 The project Fees and payment stages will be stated in the quotation or Order Form.<\/p>

      5.2 Where a deposit or initial payment is required, work may not begin until that payment has been received.<\/p>

      5.3 Unless otherwise agreed in Writing, any outstanding development balance must be paid before final launch, transfer, handover or release of the completed Website.<\/p>

      5.4 Third-party costs, licences, premium plugins, stock assets, domains, hosting or other external charges are not included unless expressly stated in the quotation.<\/p>

      5.5 If the Client requests Additional Services or changes to the agreed scope, the Developer may provide a revised quotation or charge at an agreed hourly or fixed rate.<\/p>

      5.6 Where the Client is acting in the course of business, overdue payments may be subject to any statutory interest and recovery costs available under applicable UK late-payment legislation.<\/p>\n

      6. Acceptance, Testing and Defects<\/h3>

      6.1 The Client is responsible for reviewing and testing the Website when it is presented for approval.<\/p>

      6.2 The Client should notify the Developer promptly in Writing of any material error or failure to comply with the agreed Specification.<\/p>

      6.3 Unless otherwise agreed, the Developer will correct genuine development defects reported within 90 days<\/strong> of launch or delivery where those defects relate directly to work carried out by the Developer.<\/p>

      6.4 The 90-day defect period does not cover new functionality, content changes, third-party failures, browser or platform changes occurring after delivery, malware, hosting issues outside the Developer's control or changes made by the Client or another third party.<\/p>\n

      7. Website Launch and Handover<\/h3>

      7.1 The Website will normally be launched or handed over once the agreed work has been completed, the Client has provided final approval and all amounts due have been paid.<\/p>

      7.2 The Developer may withhold launch, transfer, credentials or final deliverables while undisputed Fees remain outstanding.<\/p>

      7.3 The Client is responsible for reviewing the live Website following launch and reporting any genuine launch-related issue promptly.<\/p>\n

      8. Hosting, Maintenance and Ongoing Support<\/h3>

      8.1 Website development does not automatically include ongoing hosting, maintenance, security monitoring, content updates or technical support unless these services are expressly included in the quotation or covered by a separate maintenance agreement.<\/p>

      8.2 Hosting and maintenance plans may be renewed separately and may have their own pricing and service terms.<\/p>

      8.3 Where the Client chooses not to purchase ongoing maintenance, responsibility for future updates, backups, security and general website management passes to the Client following handover.<\/p>\n

      9. Third Party Services<\/h3>

      9.1 Websites may rely on Third Party Services that are not owned or controlled by the Developer.<\/p>

      9.2 The Developer is not responsible for changes, outages, discontinuation, pricing changes, security incidents or other failures caused by third-party providers outside the Developer's reasonable control.<\/p>

      9.3 Where paid third-party licences or subscriptions are required, responsibility for ongoing renewal will be stated in the quotation or handover information.<\/p>\n

      10. Cancellation and Termination<\/h3>

      10.1 Either party may terminate the agreement if the other commits a material breach and, where the breach can be remedied, fails to remedy it within a reasonable period after written notice.<\/p>

      10.2 The Client may cancel a project by giving written notice. The Client will remain responsible for reasonable Fees for work already completed and any non-recoverable costs or commitments incurred for the project, subject to applicable law.<\/p>

      10.3 If the Client fails to pay an undisputed amount when due, the Developer may suspend work after giving reasonable notice.<\/p>

      10.4 Termination does not affect rights or payment obligations that arose before termination.<\/p>\n

      11. Intellectual Property<\/h3>

      11.1 The Client retains ownership of Client Materials supplied to the Developer.<\/p>

      11.2 Once all Fees have been paid, the Client may use the final bespoke website design and content created specifically for the project for the operation of the Website.<\/p>

      11.3 The Developer retains ownership of its pre-existing tools, methods, reusable code, templates, development techniques and other materials not created exclusively for the Client.<\/p>

      11.4 Third Party Services, themes, plugins, fonts, stock images and other licensed materials remain subject to the licences and terms of their respective owners.<\/p>\n

      12. Portfolio and Accreditation<\/h3>

      12.1 Unless the Client asks otherwise in Writing, the Developer may include a discreet website credit and may display the completed Website, Client name and publicly available project information in its portfolio and marketing materials.<\/p>\n

      13. Data Protection<\/h3>

      13.1 Each party shall comply with applicable UK data protection law, including the UK GDPR and the Data Protection Act 2018, where relevant to the Services.<\/p>

      13.2 Where the Developer processes personal data on behalf of the Client as a data processor, the parties will put in place any additional data-processing terms required by applicable law.<\/p>

      13.3 The Client remains responsible for determining the lawful basis for personal data collected through its Website and for maintaining appropriate privacy information, cookie information and other compliance documentation unless the Developer has expressly agreed to provide those services.<\/p>\n

      14. Confidentiality<\/h3>

      14.1 Each party shall keep confidential any confidential business, technical or commercial information received from the other in connection with the project.<\/p>

      14.2 This obligation does not apply to information that is already public, was lawfully obtained from another source or must be disclosed by law.<\/p>\n

      15. Warranties and Compatibility<\/h3>

      15.1 The Developer will perform the Services with reasonable care and skill.<\/p>

      15.2 The Developer does not guarantee that a Website will achieve any particular search-engine position, visitor level, sales volume, conversion rate or commercial result.<\/p>

      15.3 The Developer will take reasonable steps to support current mainstream browsers and devices at the time of development but cannot guarantee continued compatibility with future browser, operating-system or third-party platform changes.<\/p>\n

      16. Liability<\/h3>

      16.1 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.<\/p>

      16.2 Subject to clause 16.1, the Developer will not be liable for indirect or consequential loss, loss of anticipated profits, loss of business opportunities or loss resulting from third-party services where such loss was not reasonably foreseeable.<\/p>

      16.3 Subject to clause 16.1 and to the fullest extent permitted by law, the Developer's aggregate liability arising from the Development Services shall not exceed the total Fees paid or payable for the project giving rise to the claim.<\/p>\n

      17. General<\/h3>

      17.1 Neither party will be liable for delay or failure caused by circumstances beyond its reasonable control.<\/p>

      17.2 No amendment to the agreed Specification or these Terms will be binding unless agreed in Writing.<\/p>

      17.3 If any provision is found unenforceable, the remaining provisions will continue in effect.<\/p>

      17.4 A failure to enforce a right immediately does not waive that right.<\/p>

      17.5 These Terms, together with the accepted quotation or Order Form, constitute the agreement between the parties in relation to the project.<\/p>\n

      18. Governing Law<\/h3>

      18.1 These Terms are governed by the laws of England and Wales and, subject to any mandatory legal rights that apply, the courts of England and Wales shall have jurisdiction.<\/p>\nImportant:<\/strong> These Terms should be read together with the quotation or Order Form for each project, which sets out the specific scope, price, payment schedule and any additional project-specific conditions.","_links":{"self":[{"href":"https:\/\/optsearchsolutions.com\/home\/wp-json\/wp\/v2\/pages\/546","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/optsearchsolutions.com\/home\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/optsearchsolutions.com\/home\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/optsearchsolutions.com\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/optsearchsolutions.com\/home\/wp-json\/wp\/v2\/comments?post=546"}],"version-history":[{"count":13,"href":"https:\/\/optsearchsolutions.com\/home\/wp-json\/wp\/v2\/pages\/546\/revisions"}],"predecessor-version":[{"id":797,"href":"https:\/\/optsearchsolutions.com\/home\/wp-json\/wp\/v2\/pages\/546\/revisions\/797"}],"wp:attachment":[{"href":"https:\/\/optsearchsolutions.com\/home\/wp-json\/wp\/v2\/media?parent=546"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}