Version: November 2026

These Terms and Conditions govern the provision of website design, website development, web hosting, domain registration, email services, website maintenance, security services and associated digital services supplied by DS Creative Limited.

They apply to services purchased through DS Creative and DS Internet where DS Creative Limited is the contracting supplier.

These Terms and Conditions are separate from those governing printing and graphic design services.

1. Definitions and Interpretation

1.1 "Company", "we", "us" and "our" mean DS Creative Limited.

1.2 "Customer", "Client", "you" and "your" mean the individual, business, organisation or other legal entity purchasing Services.

1.3 "Services" means the website design, website development, web hosting, domain registration, email, maintenance, security and associated digital services agreed between the Company and the Customer.

1.4 "Website" means the website, associated files, databases, software and content covered by the Agreement.

1.5 "Hosting Services" means the provision of hosting resources and associated facilities using third-party infrastructure.

1.6 "Security and Updates Package" means a separately purchased service covering the maintenance and security activities specified in the relevant package description or agreement.

1.7 "Content" means text, images, photographs, video, documents, databases and other information supplied or authorised by the Customer.

1.8 "Third-Party Provider" means an external supplier of hosting, software, domain registration, email, security or associated services.

1.9 "Agreement" means the accepted quotation, proposal, order, applicable service description, these Terms and Conditions and any separately agreed contractual documents.

1.10 Headings are included for convenience and do not affect interpretation.

2. General Conditions and Acceptance

2.1 These Terms and Conditions apply where properly incorporated into the Agreement.

2.2 By accepting a quotation, placing an order or entering into an Agreement, the Customer accepts the applicable terms made available before or at the time of contracting.

2.3 An order constitutes an offer to purchase Services. The Company may accept the offer by written confirmation, issuing an invoice following acceptance or commencing the agreed work.

2.4 The Company may decline an order before a contract has been formed.

2.5 Where a separately negotiated written agreement conflicts with these terms, that agreement shall prevail to the extent of the inconsistency.

2.6 The Company may amend these terms for future orders. Changes affecting existing agreements shall be subject to the applicable contractual variation provisions and legal requirements.

2.7 Nothing in these terms removes statutory rights or liabilities which cannot lawfully be excluded.

3. Quotations and Specifications

3.1 Quotations remain valid for 30 days unless otherwise stated.

3.2 Quotations are based on the information and requirements supplied by the Customer.

3.3 The agreed scope of work shall be defined by the quotation, proposal or other written specification.

3.4 Services not expressly included shall not be assumed to form part of the Agreement.

3.5 Additional pages, functionality, integrations, alterations or technical requirements may be subject to additional charges.

3.6 Where requested changes materially affect the price or delivery timetable, the Company shall notify the Customer and seek agreement before proceeding.

4. Website Design and Development

4.1 The Company shall exercise reasonable skill and care in designing and developing websites.

4.2 Development shall be undertaken in accordance with the agreed specification.

4.3 The Customer is responsible for supplying accurate content, branding, images, product details and other materials required for the project unless otherwise agreed.

4.4 Delays caused by the Customer's failure to provide required information, access or approvals may result in revised project timescales.

4.5 The Company cannot guarantee identical appearance or performance across every browser, device, operating system or screen size.

4.6 The Company shall nevertheless exercise reasonable skill and care to meet the agreed functionality and compatibility requirements.

4.7 The Company may use suitably qualified subcontractors, subject to its contractual and legal responsibilities.

4.8 Website functionality may depend on third-party software and services which may change over time.

5. Website Content and Customer Responsibilities

5.1 The Customer is responsible for the accuracy, legality and suitability of Content it supplies or approves.

5.2 The Customer warrants that it has the necessary rights and permissions to use supplied Content.

5.3 The Customer shall not knowingly provide unlawful, defamatory, fraudulent or infringing material.

5.4 The Customer is responsible for checking business information, product details, pricing and other website content before publication.

5.5 Unless expressly agreed, the Company does not provide legal approval of website content.

5.6 The Customer remains responsible for its own commercial, regulatory and data protection obligations, except where the Company has expressly agreed to provide particular compliance services.

5.7 In business-to-business agreements, the Customer shall indemnify the Company against reasonable losses and third-party claims arising from unlawful or infringing Content supplied or authorised by the Customer, except to the extent caused by the Company's own breach, negligence or unlawful acts.

6. Website Testing and Approval

6.1 The Customer shall be given a reasonable opportunity to review and test the website before final approval.

6.2 The Customer is responsible for checking content, functionality, forms, spelling, contact details and matters reasonably apparent during review.

6.3 Identified defects or omissions should be reported within a reasonable period.

6.4 The Company shall remedy defects attributable to its failure to meet the agreed specification or exercise reasonable skill and care, subject to the Agreement and applicable law.

6.5 Changes requested after approval which fall outside the agreed specification may be separately chargeable.

6.6 A website shall be considered substantially complete when it meets the principal requirements of the specification and is ready for Customer review or use, notwithstanding minor outstanding matters.

6.7 Approval or payment does not remove statutory rights or remedies which cannot lawfully be excluded.

7. Website Development Payments

7.1 Unless otherwise agreed, a deposit of 50% of the website development price is required when placing an order.

7.2 The Company is not obliged to commence development until the deposit has been received.

7.3 The remaining balance becomes payable upon substantial completion of the agreed project.

7.4 Invoices are payable by the specified due date, normally within 30 days unless otherwise agreed.

7.5 Additional work outside the agreed specification may be invoiced separately.

7.6 The Company may suspend further development work where payment remains overdue, subject to reasonable notice and applicable law.

7.7 VAT shall be applied where legally required.

7.8 For overdue business invoices, the Company may recover statutory interest and applicable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998, as amended.

8. Project Delays and Cancellation

8.1 Project timescales are estimates unless expressly agreed as binding deadlines.

8.2 Timescales depend upon timely provision of content, approvals, access credentials, payments and other Customer responsibilities.

8.3 Where a project is delayed by the Customer, the Company may revise the timetable.

8.4 Where the Customer has not responded to reasonable requests for information or approval for 30 days, the Company may place the project on hold following written notice.

8.5 The Company may invoice for work reasonably completed and agreed expenses incurred.

8.6 Where a project is cancelled after commencement, the Company may recover reasonable charges for completed work, agreed third-party expenses and other amounts properly recoverable under the Agreement and applicable law.

8.7 Cancellation and refund rights remain subject to applicable consumer protection legislation.

8.8 The Company shall not automatically retain an entire deposit where doing so would be unlawful or disproportionate to its recoverable losses.

9. Website Ownership and Intellectual Property

9.1 The Customer retains ownership of Content, branding, trade marks, photographs and other intellectual property it supplies.

9.2 Unless otherwise agreed, copyright in original designs, bespoke code, templates and other materials created by the Company remains with the Company.

9.3 Following payment of all amounts properly due for website development, the Customer receives a perpetual, non-exclusive licence to use the completed website and the Company's incorporated project materials for their intended purposes.

9.4 Any assignment of copyright or other intellectual property rights must be expressly agreed in writing.

9.5 Third-party software, themes, plugins, fonts and licensed components remain subject to their respective licensing conditions.

9.6 The Company retains ownership of its pre-existing materials, reusable code, proprietary tools, methodologies and development resources.

9.7 Editable source files and proprietary working materials are not automatically included unless expressly agreed.

9.8 The Customer authorises the Company to use and reproduce Customer Content to the extent necessary to perform the agreed Services.

10. Web Hosting Infrastructure

10.1 The Company provides website hosting through established third-party infrastructure providers, including 20i.

10.2 The Company does not own or directly operate the physical servers or underlying data centre infrastructure used to host Customer websites.

10.3 Hosting Services are subject to the resources, features and limitations of the relevant hosting package.

10.4 Hosting depends upon external hardware, software, networks, telecommunications systems, data centres and security infrastructure.

10.5 The Company shall exercise reasonable skill and care in selecting and administering its hosting arrangements.

10.6 The Company cannot guarantee uninterrupted availability or complete freedom from technical faults and cyber security incidents.

10.7 The Company may change its hosting provider where reasonably necessary, provided that the change does not materially reduce the agreed Services and applicable data protection obligations are observed.

10.8 Where a failure originates with a Third-Party Provider, the Company's responsibility shall depend upon its own contractual and legal obligations and the circumstances of the incident.

10.9 Use of third-party infrastructure does not remove legal liabilities which the Company cannot lawfully exclude.

11. Hosting Availability

11.1 The Company shall use reasonable endeavours to maintain Hosting Services.

11.2 Temporary disruption may result from maintenance, software failures, infrastructure faults, network issues, cyber attacks or other events.

11.3 Unless a separate written Service Level Agreement has been agreed, no guaranteed minimum uptime percentage is provided.

11.4 Where reasonably practicable, advance notice shall be given of planned maintenance expected to cause significant disruption.

11.5 Emergency maintenance may be undertaken without advance notice where reasonably necessary.

11.6 The Company shall use reasonable endeavours to investigate reported outages and coordinate with its infrastructure provider.

11.7 Unless expressly agreed, automatic service credits are not provided for downtime.

11.8 Nothing in this clause removes remedies available under applicable law.

12. Hosting Resources and Acceptable Usage

12.1 Hosting accounts are subject to the storage, bandwidth, processing, memory and other resource limits of the purchased package.

12.2 Customers must not use resources in a way that materially interferes with other hosted services.

12.3 Hosting accounts must be used for legitimate website and associated business purposes.

12.4 Unless expressly permitted, accounts must not be used principally for general file storage, unrelated backup repositories, unauthorised file distribution or other activities outside the intended package.

12.5 Hosting must not be used for malware distribution, unlawful activity, spam, unauthorised network services or attempts to access restricted infrastructure.

12.6 Where usage persistently exceeds the agreed allocation, the Company may require the Customer to reduce usage or move to a suitable package.

12.7 Where reasonably practicable, notice shall be provided before imposing restrictions.

12.8 Immediate restrictions may be applied where necessary to protect security or service stability.

12.9 Additional resources may be chargeable where agreed.

13. IP Addresses and Technical Configuration

13.1 IP addresses allocated through Hosting Services remain under the control of the relevant infrastructure provider or lawful rights holder.

13.2 Customers do not acquire ownership of IP addresses through the purchase of Hosting Services.

13.3 IP addresses may be changed where reasonably necessary for technical, security or infrastructure management purposes.

13.4 Reasonable endeavours shall be made to minimise resulting disruption.

13.5 Customers must not alter restricted infrastructure settings or attempt unauthorised access to systems.

14. Website Security and Cyber Threats

14.1 The Customer acknowledges that websites, hosting platforms, email systems and online applications are exposed to cyber security risks.

14.2 Such risks include hacking, malware, ransomware, phishing, malicious scripts, software vulnerabilities, denial-of-service attacks, unauthorised access and data breaches.

14.3 The Company shall exercise reasonable skill and care in performing security-related Services expressly included within the Agreement.

14.4 No website, server, hosting environment or software application can be guaranteed to be completely secure.

14.5 The Company does not guarantee that all attacks can be prevented or every vulnerability identified.

14.6 The occurrence of a cyber security incident does not, by itself, demonstrate negligence or failure to exercise reasonable skill and care.

14.7 The Company shall not be responsible for incidents to the extent that they arise outside its agreed responsibilities and are not caused or contributed to by its breach of contract, negligence or other legal obligations.

14.8 The responsibilities of the parties following an incident shall depend upon the services agreed, the circumstances and applicable law.

15. Website Maintenance and Software Updates

15.1 Standard website hosting does not include ongoing WordPress core updates, theme updates, plugin updates, security monitoring, malware removal or ongoing software maintenance unless expressly stated in the purchased package or separately agreed in writing.

15.2 The Company provides ongoing website maintenance and security updates only where the Customer purchases an applicable Security and Updates Package or another expressly agreed maintenance service.

15.3 Customers who do not purchase such a package are responsible for arranging their own website maintenance and security updates.

15.4 The Company strongly recommends ongoing updates and security maintenance for all WordPress and other content-managed websites.

15.5 The Customer acknowledges that outdated software, themes and plugins can increase the risk of hacking, malfunction, incompatibility and data loss.

15.6 Where the Company provides a paid maintenance package, it shall exercise reasonable skill and care in performing the activities included within that package.

15.7 The Company does not guarantee that every update will be compatible, successful or free from unforeseen problems.

15.8 Where a Customer has not purchased maintenance, the Company shall have no obligation to carry out routine WordPress, theme or plugin updates, except where otherwise required by the Agreement or applicable law.

15.9 The Company shall not be responsible for problems arising solely from maintenance activities outside its agreed responsibilities, provided that it has fulfilled its own contractual and legal obligations.

15.10 Additional investigation, repair, malware removal or restoration work may be separately chargeable where not covered by an existing service agreement.

16. Security and Updates Package

16.1 The Company offers a separately chargeable Security and Updates Package for Customers who require ongoing website maintenance and security services.

16.2 The services included shall be those expressly identified in the applicable package description, quotation or service agreement.

16.3 The Company may undertake an initial inspection before accepting a website into the package.

16.4 Where existing vulnerabilities, outdated software or compatibility problems require remedial work before the package can commence, that work may be separately quoted.

16.5 Depending upon the purchased package, services may include:

(a) WordPress core updates;

(b) Plugin and theme updates;

(c) Software compatibility checks;

(d) Website security monitoring;

(e) Malware scanning;

(f) Investigation of security incidents;

(g) Website backups and restoration arrangements;

(h) Other technical support expressly included in the package.

16.6 Where a purchased package expressly includes daily backups retained for 30 days, the Company shall provide those backups in accordance with the agreed service arrangements.

16.7 Where a purchased package expressly includes a next-working-day response to security incidents, the Company shall use reasonable endeavours to commence investigation and remedial action within that period.

16.8 A response commitment does not guarantee that an incident will be fully resolved within that period.

16.9 Where appropriate, restoration from an available suitable backup may be considered, subject to technical feasibility and the agreed service.

16.10 Restoration may result in the loss of information created or amended after the relevant backup.

16.11 The Customer shall provide reasonable administrative access required for maintenance.

16.12 Commercial software licences and subscriptions may be separately chargeable.

16.13 The Customer remains responsible for securing passwords and administrative access within its control.

16.14 The Security and Updates Package must be renewed in accordance with the applicable agreement to maintain continuous service.

16.15 Following expiry or cancellation, the Company shall have no obligation to continue routine updates, monitoring or other package activities, except where otherwise required by the Agreement or applicable law.

16.16 A further inspection or remedial work may be required before maintenance services recommence.

16.17 The package does not guarantee that a website will be immune from hacking, malware or other cyber security incidents.

17. Cyber Liability, Data Breach Insurance and Customer Risk

17.1 The Company strongly recommends that all Customers consider obtaining and maintaining appropriate cyber liability and data breach insurance to protect their own websites, online operations, information systems and business activities.

17.2 The Company particularly recommends such insurance for Customers whose websites collect, store, process or transmit personal data, customer records, payment information, confidential information or commercially sensitive business data.

17.3 The Customer acknowledges that a cyber security incident may result in financial losses even where reasonable technical security measures have been implemented.

17.4 Such losses may include website downtime, lost business, loss or corruption of data, restoration costs, investigation expenses, customer claims and associated legal expenses.

17.5 The Company recommends that Customers seek independent advice from a suitably qualified insurance broker regarding appropriate insurance protection.

17.6 Depending upon the nature of the Customer's business, suitable insurance may include cover for:

(a) Hacking, malware and ransomware;

(b) Personal data breaches and unauthorised disclosure;

(c) Cyber incident investigation and response;

(d) Website downtime and business interruption;

(e) Data recovery, restoration and system repair;

(f) Third-party cyber liability claims;

(g) Legal defence costs and regulatory investigations;

(h) Notification and other costs arising from personal data breaches;

(i) Other financial consequences of cyber security incidents.

17.7 The Company does not provide insurance advice and makes no representation that any particular insurance product, policy or level of cover will meet the Customer's needs.

17.8 The Customer remains responsible for considering its own insurance requirements and deciding whether to obtain appropriate cover.

17.9 Unless expressly agreed in writing, payments to the Company for website design, hosting, maintenance or security services do not include insurance protecting the Customer against its own financial losses.

17.10 The provision of website hosting, maintenance or security services by the Company does not constitute a guarantee against cyber attacks, data breaches or business interruption.

17.11 The Company's recommendation that Customers obtain cyber insurance is intended to encourage appropriate risk management and does not transfer to the Customer any liability which properly rests with the Company under the Agreement or applicable law.

17.12 The Customer's decision not to obtain cyber insurance shall not increase the Company's contractual obligations or liabilities beyond those otherwise arising under the Agreement or applicable law.

17.13 The Company shall not be responsible for losses to the extent caused solely by events outside its contractual or legal responsibilities.

17.14 Nothing in this section excludes or restricts the Company's liability for negligence, breach of contract or statutory obligations where such liability cannot lawfully be excluded or restricted.

17.15 Customers are encouraged to review their insurance arrangements periodically and following material changes to their website functionality, data processing activities or online business operations.

18. Website Backups and Data Recovery

18.1 Customers are strongly advised to maintain independent, secure and up-to-date copies of important website files, databases, Content and other business information.

18.2 Backups provided as part of standard hosting, where available, shall be subject to the facilities and retention arrangements of the purchased hosting package.

18.3 Infrastructure disaster recovery backups may not provide the same functionality as an individual website backup and restoration service.

18.4 Dedicated backup and restoration services shall be included only where expressly stated in the purchased hosting package, Security and Updates Package or other written agreement.

18.5 Unless expressly agreed, the Company does not guarantee that every file, database, transaction or item of information can be recovered following corruption, accidental deletion, hacking or system failure.

18.6 The Company shall exercise reasonable skill and care in performing backup and restoration services it has agreed to provide.

18.7 Individual restoration may be chargeable where not included within the applicable service package.

18.8 Customers should not rely exclusively upon hosting-provider backups to preserve commercially important information.

18.9 Nothing in this section removes responsibility for backup or restoration obligations expressly accepted by the Company.

19. Customer Account Security

19.1 Customers are responsible for managing passwords, login credentials and administrative access within their control.

19.2 Customers shall take reasonable steps to ensure authorised users maintain appropriate account security.

19.3 Strong passwords and multi-factor authentication should be used where supported and appropriate.

19.4 Customers shall promptly notify the Company of suspected compromised credentials or unauthorised access affecting services supplied by the Company.

19.5 The Company may require appropriate security measures where reasonably necessary to protect hosted systems.

19.6 Customers shall not knowingly share administration credentials with unauthorised persons.

19.7 The Company shall not be responsible for incidents to the extent caused by the Customer's failure to protect accounts within its control, provided that the Company has fulfilled its own obligations.

20. Acceptable Use Policy

20.1 Hosting Services must be used for lawful purposes.

20.2 Customers must not use the Services to:

(a) Distribute malware or malicious software;

(b) Send spam or unlawful unsolicited communications;

(c) Conduct phishing, fraud or other unlawful activity;

(d) Infringe copyright or intellectual property rights;

(e) Publish unlawful material;

(f) Attempt unauthorised access to networks or systems;

(g) Interfere with other hosted services;

(h) Operate unauthorised server processes;

(i) Circumvent security or resource restrictions.

20.3 The Company may investigate suspected misuse.

20.4 Where reasonably necessary, the Company may restrict or suspend services used for unlawful or seriously harmful activity.

20.5 Except where immediate action is necessary, reasonable notice and an opportunity to remedy the breach shall be provided.

20.6 In business-to-business contracts, the Customer shall indemnify the Company against reasonable losses and third-party claims arising from misuse of the Services by the Customer, except to the extent caused by the Company's own breach, negligence or unlawful acts.

21. Email Services

21.1 Email hosting, forwarding, mailbox provision, authentication configuration and related services shall be supplied only where included within the agreed package.

21.2 Email delivery depends upon external networks, receiving servers, DNS configurations, spam filtering systems and other third-party infrastructure.

21.3 The Company cannot guarantee successful delivery or receipt of every email.

21.4 Where SPF, DKIM, DMARC or other email authentication configuration is included within the agreed service, the Company shall exercise reasonable skill and care in carrying out the work.

21.5 Customers are responsible for passwords, mailbox storage usage and authorised access within their control.

21.6 Email accounts are subject to the storage and usage limits of the purchased package.

21.7 Customers are advised to retain copies of important correspondence and maintain alternative communications arrangements where email is business-critical.

21.8 Email accounts may be suspended or deleted following lawful termination or expiry of the relevant service in accordance with Section 26.

22. Domain Name Registration and Administration

22.1 The Company may register, renew, administer or configure domain names on behalf of Customers.

22.2 Registration is subject to availability and acceptance by the relevant registry or registrar.

22.3 A domain shall not be considered registered until confirmation has been received.

22.4 The Customer is responsible for supplying accurate registrant information and complying with applicable registry requirements, including Nominet rules for relevant UK domains.

22.5 Unless otherwise agreed, domain names registered for Customers shall use their appropriate registrant information and remain under their beneficial control.

22.6 Customers are responsible for paying applicable registration and renewal charges.

22.7 The Company shall exercise reasonable skill and care when undertaking agreed registration and renewal services.

22.8 Continued registration cannot be guaranteed where the Customer fails to provide required payment, information or authorisation, or where a registry takes action outside the Company's control.

22.9 The Customer is responsible for determining whether the chosen domain infringes third-party rights.

22.10 Where DNS, nameserver or email routing services are included, the Company shall exercise reasonable skill and care when making agreed changes.

22.11 DNS changes may cause temporary website or email disruption.

22.12 The Company shall reasonably cooperate with the transfer of Customer-owned domains, subject to registry rules and lawful contractual obligations.

22.13 Additional migration or technical assistance may be separately chargeable where agreed.

23. Data Protection and Article 28 Agreement

23.1 The Company and Customer shall comply with their respective obligations under applicable data protection legislation, including the UK GDPR and Data Protection Act 2018.

23.2 The Customer is generally responsible for determining the purposes and lawful basis of processing personal data collected through its website where it acts as the data controller.

23.3 The Customer remains responsible for providing required privacy information and meeting its own obligations concerning lawful processing, retention and data subject rights.

23.4 Unless expressly agreed, the Company does not provide legal advice or guarantee that the Customer's website complies with every applicable privacy, cookie, consumer protection or sector-specific requirement.

23.5 Where the Company processes personal data on behalf of the Customer, the processing shall be governed by a separate Data Processing Agreement entered into by the parties in accordance with Article 28 of the UK GDPR.

23.6 The Data Processing Agreement shall identify the relevant processing activities, responsibilities, security arrangements, authorised subprocessors and applicable procedures.

23.7 Where a Data Processing Agreement is legally required, the parties shall ensure that the necessary contractual arrangements are in place before the relevant processing takes place.

23.8 The Company may use authorised subprocessors, including hosting infrastructure providers such as 20i, in accordance with applicable legislation and the Data Processing Agreement.

23.9 Each party shall implement appropriate technical and organisational measures to protect personal data within its responsibility.

23.10 Where the Company becomes aware of a personal data breach affecting information it processes on behalf of the Customer, it shall notify the Customer without undue delay and provide assistance required by applicable law and the Data Processing Agreement.

23.11 The parties shall cooperate reasonably in responding to relevant regulatory enquiries, data subject requests and legally required procedures.

23.12 Where these Terms and Conditions conflict with the Data Processing Agreement concerning the processing of personal data, the Data Processing Agreement shall prevail to the extent required by applicable data protection legislation.

23.13 Nothing in these terms excludes or restricts statutory data protection obligations.

24. Security Incidents and Emergency Action

24.1 Where the Company reasonably believes a website, hosting account or email service has been compromised or presents a material security risk, it may take proportionate action to protect affected services.

24.2 Action may include restricting access, disabling affected software, suspending functionality or temporarily placing a website offline.

24.3 Where reasonably practicable, the Company shall notify the Customer before taking action.

24.4 Emergency action may be taken without advance notice where reasonably necessary.

24.5 The Company shall seek to restore services once the relevant risk has been adequately addressed.

24.6 Investigation, malware removal, restoration or other remedial work outside the Company's agreed obligations may be separately chargeable.

24.7 Both parties shall cooperate reasonably in investigating incidents and fulfilling applicable legal duties.

25. Hosting Charges, Renewals and Refunds

25.1 Hosting Services are supplied for the billing period specified in the relevant order or agreement.

25.2 Hosting charges shall be payable in advance unless otherwise agreed.

25.3 Hosting subscriptions may renew automatically where this has been clearly disclosed and agreed, subject to applicable cancellation and consumer protection requirements.

25.4 The Company may review hosting charges for future renewal periods and shall provide reasonable advance notice of material increases.

25.5 Where payment is not received by the renewal date, services may be suspended in accordance with Section 26.

25.6 Where an annual hosting service is cancelled before the end of its agreed term, a pro-rata refund shall not automatically be payable unless required by applicable law or expressly agreed.

25.7 Domain registrations and certain third-party services may be non-refundable once ordered or activated, subject to statutory rights and any expressly agreed refund provisions.

25.8 The Company does not provide a general discretionary money-back guarantee unless a specific refund arrangement has been expressly agreed in writing.

25.9 Nothing in this section removes statutory cancellation, refund or other consumer rights.

26. Hosting Suspension, Expiry and 14-Day Data Deletion

26.1 Hosting Services must be renewed and paid for by the applicable renewal date.

26.2 Where a hosting service has not been renewed by its expiry date, the Company may disable or suspend the affected service.

26.3 The Company shall use reasonable endeavours to send renewal notifications to the Customer's nominated email address before expiry.

26.4 The Customer is responsible for maintaining accurate contact details and arranging timely renewal.

26.5 Hosting account data may be permanently deleted 14 days after the expiry date of the relevant service.

26.6 This may include website files, databases, email accounts, associated configuration and other information stored within the expired hosting account.

26.7 The Company shall use reasonable endeavours to notify the Customer of expiry and potential deletion, using the available contact information.

26.8 Customers wishing to retain their website or data must arrange renewal, migration or retrieval before the deletion deadline.

26.9 After deletion, the Company cannot guarantee that information will remain recoverable.

26.10 The Company shall not be responsible for loss of information solely resulting from the Customer's failure to renew or retrieve data within the applicable period, provided that the Company has complied with its contractual and legal obligations.

26.11 Where the Company processes personal data on behalf of the Customer, deletion or return of that information shall be subject to the applicable Data Processing Agreement and legal requirements.

26.12 The 14-day period refers to the normal expiry and deletion process for the hosting account. Any remaining information in infrastructure backups shall be handled according to applicable backup retention policies and data protection obligations.

26.13 Where Services have been suspended because of a security incident, contractual dispute or other circumstances unrelated to ordinary expiry, any deletion shall be subject to the relevant contractual and legal requirements.

27. Hosting Transfers and Migration

27.1 Customers may request the transfer of their website or hosting service to another provider.

27.2 The Company shall reasonably cooperate with the transfer of Customer-owned files, Content and domain names.

27.3 Website migration, database exports, DNS configuration, email migration and additional assistance may be separately chargeable where agreed.

27.4 Unless otherwise agreed, the Customer is responsible for arranging replacement hosting and continuity during migration.

27.5 The Company shall not unreasonably obstruct lawful transfers.

27.6 The Company cannot guarantee compatibility or performance following migration to infrastructure outside its control.

28. Third-Party Software and Licensing

28.1 Websites may incorporate WordPress, plugins, themes, fonts, payment integrations and other third-party software.

28.2 Such software may be subject to separate licences, subscription charges, support arrangements and technical restrictions.

28.3 The Company does not control the continued availability, development or compatibility of third-party products.

28.4 The Company shall exercise reasonable skill and care in selecting, installing or configuring software within the agreed scope of work.

28.5 Future changes to software or licensing arrangements may require additional work or charges.

28.6 The Company shall not be responsible for failures outside its reasonable control except to the extent that it has failed to meet its own contractual or legal obligations.

29. Limitation of Liability

29.1 The Company shall exercise reasonable skill and care in providing its Services.

29.2 Nothing in these Terms and Conditions excludes or restricts liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability which cannot lawfully be excluded or restricted.

29.3 Where Services are defective or fail to meet the agreed specification, the Company shall have a reasonable opportunity to investigate and remedy the matter, without prejudice to the Customer's applicable legal rights.

29.4 For contracts with business Customers, the Company's aggregate liability arising from a single website development project, whether in contract, negligence or otherwise, shall, subject to clause 29.2, applicable law and the enforceability of the limitation, be limited to the greater of:

(a) The total fees paid or payable for the relevant project; or

(b) £5,000.

29.5 For business Customers purchasing recurring hosting, maintenance or related Services, the Company's aggregate liability arising from the affected recurring Services during any consecutive 12-month period shall, subject to clause 29.2, applicable law and the enforceability of the limitation, be limited to the greater of:

(a) The fees paid or payable for those Services during the relevant 12-month period; or

(b) £5,000.

29.6 These limits are intended to represent a reasonable allocation of commercial risk having regard to the nature, value and price of the Services.

29.7 Customers requiring higher contractual liability limits may request a separately negotiated agreement.

29.8 Subject to applicable law and any applicable reasonableness requirement, the Company shall not be liable to business Customers for indirect or consequential losses, or for loss of anticipated profits, business opportunities or goodwill, except where such losses cannot lawfully be excluded or the parties have expressly agreed otherwise.

29.9 The Company shall not be liable to the extent that loss or damage is caused by the Customer's own acts or omissions, unauthorised third-party alterations or matters outside the Company's contractual or legal responsibilities.

29.10 Each party shall take reasonable steps to mitigate losses arising from an actionable breach or other event.

29.11 These limitations are subject to applicable legislation, including the Unfair Contract Terms Act 1977 and Consumer Rights Act 2015 where relevant.

29.12 Nothing in this section affects the statutory rights of Customers acting as consumers.

30. Termination

30.1 Either party may terminate an Agreement in accordance with its agreed cancellation or termination provisions.

30.2 Either party may terminate where the other commits a material breach and fails to remedy it within a reasonable period following written notice, where the breach is capable of remedy.

30.3 Immediate termination may be justified where serious unlawful activity, fraud, material security threats or other breaches incapable of remedy occur.

30.4 Any insolvency-related termination right shall be exercised only where permitted by applicable law.

30.5 Termination does not affect rights or obligations accrued beforehand.

30.6 Charges properly incurred before termination shall remain payable.

30.7 Return, transfer and deletion of Customer data shall be governed by the relevant agreement and data protection requirements.

31. Confidentiality

31.1 Each party shall take reasonable steps to protect confidential information received from the other.

31.2 Confidential information shall not be disclosed to unauthorised persons except where necessary to fulfil the Agreement or comply with applicable law.

31.3 These obligations do not apply to information lawfully available publicly, independently developed or lawfully obtained from another source without confidentiality restrictions.

31.4 Confidential information may be disclosed to employees, contractors, professional advisers and authorised suppliers where reasonably necessary and subject to appropriate protection.

31.5 Either party may request the return or secure deletion of confidential information following termination, subject to legal retention requirements and reasonable business records.

31.6 A separate Non-Disclosure Agreement may be used where additional protection is required.

32. Force Majeure

32.1 Neither party shall be responsible for delay or failure to perform obligations to the extent caused by circumstances beyond its reasonable control.

32.2 Such events may include severe weather, fire, flooding, war, major infrastructure failures, telecommunications outages, industrial disputes and government restrictions.

32.3 The affected party shall take reasonable steps to minimise disruption and notify the other where reasonably practicable.

32.4 Extended disruption may give rise to termination rights under the Agreement or applicable law.

32.5 This clause does not remove obligations to pay amounts already properly due or liabilities which cannot lawfully be excluded.

33. Assignment and Subcontracting

33.1 The Company may use suitable subcontractors and Third-Party Providers in delivering the Services.

33.2 The Company remains responsible for meeting its contractual and legal obligations.

33.3 Neither party shall assign the Agreement in a manner which unlawfully prejudices the rights of the other.

33.4 Any assignment or change of supplier shall comply with applicable contractual and legal requirements.

34. Notices and Communications

34.1 Notices concerning Services, renewals, invoices, security incidents and contractual matters may be sent to the Customer's nominated contact details.

34.2 Customers are responsible for keeping their contact details accurate and up to date.

34.3 The Company may communicate operational and contractual information by email or through the applicable customer account portal.

34.4 Marketing communications shall comply with applicable electronic marketing and data protection legislation.

34.5 Notices shall be treated as received in accordance with the Agreement and relevant law.

35. Severance and Entire Agreement

35.1 If any provision is found invalid, unlawful or unenforceable, the remaining provisions shall continue in effect to the extent permitted by law.

35.2 The Agreement constitutes the contractual arrangements relating to the relevant Services, subject to separately agreed written terms and rights which cannot lawfully be excluded.

35.3 Amendments affecting existing agreements shall be subject to the applicable variation procedure and legal requirements.

35.4 Failure to enforce a provision on one occasion does not automatically waive the right to enforce it subsequently.

36. Governing Law and Jurisdiction

36.1 These Terms and Conditions shall be governed by the laws of England and Wales.

36.2 Subject to mandatory jurisdictional rules and applicable consumer protection legislation, disputes arising from business-to-business contracts shall be subject to the courts of England and Wales.

36.3 The parties shall endeavour to resolve disputes through reasonable communication before commencing formal proceedings where practicable.

37. Contact Details

37.1 DS Creative Limited
Unit 23, President Buildings Office Park
Savile Street East
Sheffield
S4 7UQ

37.2 Telephone: 0114 266 9000

37.3 Email: info@dscreative.co.uk

37.4 Website: https://dscreative.co.uk/

37.5 Hosting website: https://dsinternet.co.uk/

End of Terms and Conditions