Terms & Conditions

Terms & Conditions last updated 24/08/25

These Terms & Conditions govern the use of this website and the provision of services by Thanks Tom Web Design (“we”, “us”, “our”). By using our website or engaging our services, you (“the client”, “you”) agree to these Terms & Conditions.

1. About Us

Thanks Tom Web Design is based in Dorset, UK, specialising in web design, hosting, SEO, and digital consultancy for small and medium-sized businesses.

Website: https://thankstom.co.uk

Email: tom@thankstom.co.uk

Phone: 079491 82953

2. Website Use

  • You agree to use this website lawfully and not to attempt to gain unauthorised access to it.
  • All content on this website (including text, images, logos, and code) is owned by or licensed to Thanks Tom Web Design and may not be reproduced without permission.
  • We take care to ensure the accuracy of information on this site but do not warrant that it is error-free. Use of this site is at your own risk.

3. General Client Service Terms

3.1 Payment Terms

  • Web Design & Projects: One-third deposit (non-refundable) to secure the booking, one-third midway, and the balance on delivery before go-live.
  • Audits/Reports: Full payment upfront unless otherwise agreed.
  • Hosting & Domains: Payable annually or monthly in advance. Services auto-renew unless cancelled with 30 days’ notice.
  • Custom Work/Consultancy: Charged at our standard hourly rate, invoiced on completion or monthly in arrears.

3.2 Non-Payment & Suspension

  • Invoices are due within 14 days.
  • If unpaid after 30 days, we may suspend services, restrict access, or withhold delivery of work until full payment (including any late fees) is made.
  • Late payments incur interest at 8% above the Bank of England base rate, plus a fixed compensation charge under the Late Payment of Commercial Debts (Interest) Act 1998.
  • The client is liable for any costs of debt recovery.

3.3 Refunds

  • Deposits/booking fees are non-refundable.
  • Services already delivered (e.g. audits, completed design phases, hosting periods commenced) are non-refundable.

3.4 Ownership & Intellectual Property

  • Ownership of final deliverables passes to the client only after full payment.
  • Pre-existing materials, third-party licences, or proprietary tools (e.g. plugins) remain the property of their respective owners and are licensed, not transferred.
  • We retain the right to reuse general know-how, code snippets, and techniques.
  • We reserve the right to showcase completed work in our portfolio and marketing.

3.5 Credit Link

  • A discreet credit link (“Website by Thanks Tom Web Design”) will appear in the site footer unless otherwise agreed.
  • If a client wishes to remove the link, an additional fee is payable.

3.6 Client Responsibilities

  • Provide all content, images, and materials promptly, in the agreed format and quality.
  • Warrant that you own or have the right to use all supplied materials.
  • Content that is unusable or poor quality may require rewriting or re-sourcing, billable at our hourly rate.
  • Ensure lawful use of any websites or services provided.

3.7 Maintenance & Updates

  • After final handover, responsibility for ongoing updates, plugin renewals, and security rests with the client unless covered by a support plan.
  • Ad-hoc updates or fixes requested outside of a support plan will be billed as custom work.

3.8 Hosting & Domains

  • Hosting is provided on a best-efforts basis and may depend on third-party suppliers.
  • We do not guarantee uninterrupted service and are not liable for downtime, data loss, or third-party failures.
  • Clients are responsible for maintaining independent backups unless otherwise agreed.
  • Missed domain renewals due to non-payment are the client’s responsibility.

3.9 Third-Party Licences

  • Plugins, themes, fonts, APIs, or other software remain under their own licences.
  • Where the client pays directly, they are responsible for renewals.
  • Where we provide licences under a hosting/maintenance package, use is permitted only while on that package.

3.10 Subcontracting

We may subcontract or delegate services to trusted third parties. Responsibility for overall delivery remains with us.

3.11 Warranties

  • Services will be provided with reasonable skill and care.
  • We do not guarantee error-free websites, uninterrupted service, or specific results (e.g. SEO rankings, sales).
  • Issues reported within 30 days of handover will be corrected if within scope. Beyond this, corrections are billable.

3.12 Indemnity

The client indemnifies Thanks Tom Web Design against claims, damages, or costs arising from:

  • Client-supplied content that infringes third-party rights, is unlawful, or defamatory.
  • Client misuse of the website or services.
  • Any breach of these Terms & Conditions.

3.13 Non-Exclusivity

We may provide services to other clients, including in the same industry, unless an exclusivity agreement is separately arranged.

3.14 Support & Availability

Unless under a support plan, support is provided during normal business hours on a reasonable-efforts basis, without guaranteed response times.

3.15 Termination for Breach

We may suspend or terminate services immediately if the client:

  • Fails to pay invoices.
  • Breaches these Terms.
  • Uses services unlawfully or abusively.
  • Makes continuation unreasonably difficult.

Fees for work completed remain payable and deposits are non-refundable.

4. Legal Clauses

4.1 Limitation of Liability

  • Our total liability is capped at the total fees paid to us.
  • We are not liable for indirect or consequential losses (e.g. lost sales, profits, data).
  • We are not liable for issues caused by third-party providers or force majeure events.

4.2 Confidentiality & Data Protection

  • Both parties will keep confidential information secure.
  • We comply with UK GDPR and the Data Protection Act 2018.
  • Clients remain responsible as “data controllers” for personal data collected via their own websites.

4.3 Force Majeure

We are not liable for delays or failures caused by events beyond our control (including natural disasters, pandemics, power outages, supplier failure, government action, etc.).

4.4 Severability

If any clause is found invalid, the rest of these Terms remain in force.

4.5 Amendments & Entire Agreement

  • We may update these Terms & Conditions from time to time.
  • These Terms, along with any written proposal or quote, form the entire agreement between us and the client.

4.6 Non-Solicitation

Clients shall not directly engage or employ any subcontractor introduced by us for 12 months following completion, without written consent. A fee of 25% of the annualised engagement value applies for breaches.

4.7 Dispute Resolution

Both parties agree to attempt to resolve disputes through good faith discussions and, if necessary, mediation before legal proceedings.

4.8 Governing Law & Jurisdiction

These Terms are governed by the laws of England and Wales, and disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

If you have any questions about these Terms & Conditions, please contact:

Website: https://thankstom.co.uk

Email: tom@thankstom.co.uk

Phone: 079491 82953