website and project terms.
Last updated: 4th April 2024: Addition and amendment made to website hosting & maintenance packages section.
acceptance
It is not necessary for any Client to have signed these terms and conditions for them to apply. If a Client uses Our Site (hellohubble.co.uk) or accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of Our services implies that you have read and accepted our terms and conditions. It is recommended that you print a copy of these Terms and Conditions for your future reference.
The following document also applies to your use of Our Site:
Our Privacy Policy, available here.
definitions
The Client: The company or individual requesting the services of Hubble.
Hubble: Primary designer & developer.
The Project: Web design, software development or other services (design or otherwise) being provided to the Client by Hubble.
Project Completion: Completion of components outlined in project breakdown.
Launch: Upload to the server, website live, or release of materials to the Client.
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
“We/Us/Our” means Hubble.
agreement
Hubble will carry out work only where an agreement is provided either by email, telephone, online contracts, mail or any other written forms. An ‘order’ is deemed to be a written or verbal contract between Hubble and the client, this includes telephone and email agreements.
Please ensure that you read the project design, breakdown, quote and terms & conditions properly and that all details of the work are included, understood and mutually agreed on.
timeframes
Timeframes vary vastly and will depend on the scope of the project. Timeframes for the project will be discussed with the client before the project commences, however, the timeframe will likely be depended on timely feedback from the clients at key milestones. If timely feedback is not received from the Client then Hubble cannot be held accountable for any delay to project completion. Hubble will do their best to complete the project as soon as reasonably possible and the Client will be told of key milestone dates to allow them to respond in a timely manor.
For a high standard of quality to be produced, please allow sufficient time for the project to be completed.
content
During the project, Hubble will require the Client to provide website content; text, images, movies and sound files. Hubble is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that the Client’s work is completed at the time arranged.
This is why we ask that the Client provides all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.
Please Note: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
standard media delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Hubble to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
client review
Hubble will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall project development is completed, but before upload to a server or release of the materials to the Client. The client must inform Hubble of any amendments required within 7 days of design completion and within 7 days project development completion. At the completion of the project, such materials will be deemed to be accepted and approved.
web design
The website, graphics, deployed programming code and files on the server remain the property of Hubble (or agents employed by Hubble) until all outstanding accounts are paid in full, unless provided by the client previously.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Hubble cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it from the day of launch due to the ever changing nature of software. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Hubble remain the copyright of Hubble (or any agents employed by Hubble) and may only be commercially reproduced or resold with the permission of Hubble.
Hubble cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of Hubble and where no charge is made by Hubble for such additions, Hubble accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Hubble all materials required to complete the site to the agreed standard and within the set deadline.
Hubble will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Hubble will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. Hubble will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. Hubble will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
Important conditions and exclusions for website development:
We accept no responsibility and accept no liability for software changes made by third party platforms used to host (or otherwise linked with) your website. We will endeavour to provide support but do not have influence over software changes or updates and we reserve the right to charge for any support required.
Whilst We provide Search Engine Optimisation services, We cannot guarantee the action taken by Google or any other Search Engines. A website technical report will be provided in cases where there is unusual behaviour by a search engine. Any technical issues that could cause inaction by a search engine will be rectified, otherwise guidance will be provided to You as the website owner.
We accept no responsibility for Browser updates on devices affecting the rendering or display of your website from the day of launch.
30 days of technical support is provided for all website builds. During this time technical support will be provided. Outside of this window it is Your responsibility to maintain Your website with the support of your platforms help centre.
If You do not feel confident maintaining Your website then ongoing support packages can be arranged.
Any advice or guidance given is current, to the best of Our knowledge. There may be alternative solutions available.
We can offer templates for the legal pages on Your website. We accept no liability for the use of these templates. It is Your responsibility to ensure Your company is compliant with regulations in the Countries that you operate and within your industry.
The following services are not included as standard but may be quoted for:
CMS (Content Management System) training, either in person or remotely.
SEO strategy, keyword research or anything that goes above essential structural SEO services included in every website build;
Marketing strategy (including AdWords and the like), business strategy, copywriting, or legal compliance;
Usability auditing, speed auditing, SEO auditing, or performance auditing (offered as a separate service);
Purchasing of domains or web servers;
Email setup or configuration;
Assisting with server configurations, bugs, upgrades or any kind of account management related to the server or domains’
IT support, either in-person or remotely (setting up computers, emails or any other software/hardware);
All source code, tools/software or design files used to build the website belongs to the developer, and are not supplied. All deployed code and files on the server belong to the client;
Setup or registration of trackers, web accounts (Google or others), API codes, widgets, or any other web software or web accounts you wish to utilise on the website. It is assumed you will supply any trackers, scripts or login details for the above, as required;
Compatibility with out-dated or defunct browsers or devices;
Migration of your existing copy, settings or the database of an existing website;
Significant additions or alterations to the original design, functionality, or content of the website as outlined in the brief and supplied designs;
On-going maintenance (security, updates, backups, etc.) or administration of the website or website content in general (please get in touch for ongoing packages);
Persona testing, user testing or user research.
database, application and e-commerce development
Hubble cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Where applications or sites are developed on servers not recommended by Hubble, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Hubble before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Hubble will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
In the instance that Hubble provide support creating/managing/maintaining email marketing software and lists, Hubble accept no responsibility for data protection pertaining to the clients email list. It remains the responsibility of the list owner to gain the correct authorisation and compliance with GDPR/data processing laws within the regions they operate.
web browsers
Hubble makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Mozilla Firefox, Microsoft Edge, Google Chrome, etc.). Client agrees that Hubble cannot guarantee correct functionality with all browser software across different operating systems.
Hubble cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Hubble reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
passing of rights
Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services outlined in these terms.
No such rights as described in above will pass until all amounts due to us from you are paid. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.
design credit
A link to Hubble will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Hubble’s portfolio and other marketing material.
access requirements
If the Client’s website is to be installed on a third-party server, Hubble must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
post-placement alterations
Hubble cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
domain names & subscription services
Hubble may purchase domain names, website hosting or other subscription services, on behalf of the Client. Payment and renewal of those domain names, website hosting, and other subscription services is the responsibility of the Client. The loss, cancellation or otherwise of the domain name, website hosting or other subscription services, brought about by non or late payment is not the responsibility of Hubble. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
website hosting & maintenance packages
Our diverse maintenance packages are tailored to suit businesses of all sizes, ensuring both flexibility and affordability. Get in touch with our Head of Digital to explore our packages now and take the first step toward a worry-free, reliable, and high-performance online presence. Your success begins with a seamlessly maintained website and we are here to help.
We provide a number of packages for Wordpress websites. Our foundation package (hosting only) is now available on an annual plan with associated discount and terms, please see below. All other packages are billed monthly and not available at a discounted rate. Please note all prices quoted by Hubble exclude VAT (VAT will be added to your invoice at rate of 20%).
Termination terms:
Monthly plan: if you opt for a monthly plan then we kindly ask for 2 months written notice to terminate the contract. If you would like to keep your website live after the two month notice period then it is your responsibility to arrange for the migration of the website to the destination server prior to the contract end. Should you wish for help in migrating your website to an alternative server then this will be charged at an hourly rate.
Annual plan (foundation package only): To secure the discount available on this plan, you commit to 12 months of hosting. If you wish to terminate the contract before the 12 months have ended, there is no refund for remaining months. If you wish to terminate hosting with us at the end of the 12 months then we require two months written notice. At the end of 12 months, you can renew on an annual plan, move to a monthly plan or move your website elsewhere (though we’ve never had this happen!) and we'll send you a reminder before your 12 months is up!
charges
Charges for services to be provided by Hubble are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of thirty (30) days. Hubble reserves the right to alter or decline to provide a quotation after expiry of the thirty (30) days. Prices quoted are only an estimate, and may be subject to change during the process of design and build. This can be caused by the client choosing to amend any aspect of their requirements or any third party costs which occur beyond Hubble’s control.
Any charges incurred by international payments or international bank transfers are not the responsibility of Hubble. Therefore, any such charges must be paid, by the client, in addition to the amounts invoiced by Hubble. Consequently, Hubble does not accept ‘shared charges’ for international bank transfers or international payments.
payment of accounts
Any delays to the estimated project timeframe which are caused by the Client, will not extend the deadline of the payment of the remaining balance or any milestone payments. Any delays to project completion which are caused by the client, will not extend the deadline of the payment of the remaining balance.
If accounts are not settled or Hubble have not been contacted regarding the delay, access to the related website may be denied, work carried out removed and web pages removed, we will then pass such cases to the court to pursue payment, non-payment can result in court judgements being added to the client’s credit rating.
Following consistent non-payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Hubble’s Web space, Hubble will, at its discretion, remove all such material from its web space. Hubble is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Hubble reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Hubble in enforcing these Terms and Conditions.
additional work and expenses
If the client would like any services in addition to those outlined in the quote before the project commences, this can be provided for an additional cost. Please confirm immediately if any changes need to be made to the project breakdown and quote given. Any changes made after approval of the quote, including designs and any other material will incur a further charge.
Any additional work required by the Client on a previously completed project, will be considered as a separate project and will therefore incur charges of its own.
Client agrees to reimburse Hubble for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc.
privacy policy
We will only use your personal information as set out in in our privacy policy, please read it for more information.
abuse
We may limit or deny your access to support or terminate services if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or services, or abuse of Hubble team members.
termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for project work completed to the date of first notice of cancellation for payment in full within thirty (30) days. Terms associated with the termination of website hosting and maintenance packages can be found above.
If the client has paid in advance, no refunds will be issued for the project work which has already been completed to the date of the first notice of cancellation or termination.
Termination of services by the Client, may also incur additional charges, such as: the cost of transferring website hosting, domain names or other services away from Hubble, to another provider.
general
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of an advance fee or acceptance of a quote, constitutes agreement to and acceptance of these Terms and Conditions.
governing Law
This Agreement shall be governed by English Law.
liability
Hubble hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Hubble to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid provision.
changes to terms
We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page and displayed for one week. As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site or services the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
use of Our website
How you may use Our Site and content (Intellectual Property Rights);
All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
You may print one copy and download extracts of any page(s) from Our Site for personal use only.
You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.
You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
Links to Our Site;
You may link to any page on Our Site
Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.
You must not frame or embed Our Site on another website without Our express written permission.
You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
Links to other sites;
Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
Disclaimers;
Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
Our liability;
Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
Our Site is intended for non-commercial use only. If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.
Viruses, malware, and security;
We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
By breaching these terms, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
Acceptable Usage of Our Site
You may only use Our Site in a lawful manner:
You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply
You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
For more information about anything in these terms, please get in touch.