The terms, kept short.
The rules of engagement between you and Orb55, written in plain English where possible. If anything is unclear, ask.
Paying monthly
Deposit. A deposit of 25% of the tier's pay-in-full price is due after you approve the homepage design concept and before the full build begins. This counts towards the total price and is not an extra charge.
Monthly payments. The 24 monthly payments begin when your website launches. Each payment includes website design, development, hosting and Website Care. Website Care forms part of the monthly plan and cannot be cancelled separately.
Cancellation. There is no minimum term. You may cancel with 30 days' written notice. If you cancel before taking ownership, the website will be taken offline and will remain the property of Orb55 unless you pay the buyout price.
Buying out. You may take ownership at any time by paying the buyout price. This is calculated by deducting 50% of all cleared payments, including your deposit, from the tier's pay-in-full price, with a minimum buyout price of £0. Once all 24 monthly payments have cleared, ownership transfers automatically and no buyout payment is required.
Paying in full
Payment. A 50% deposit is payable before the website build begins. The remaining 50% is due when the website is complete. Once paid in full, you receive all website files and source code, giving you full ownership and the freedom to host or edit the website wherever you choose, subject to the ownership terms below.
Hosting and Website Care. Hosting and Website Care are not included in the build price. Website Care may be added as a separate monthly plan and cancelled with 30 days' written notice. Services continue throughout the notice period, provided all payments remain up to date.
After cancellation. Website Care services end when the notice period expires. Your website can remain online if you arrange your own hosting. Cancellation does not affect your ownership of a website already paid for in full.
Changes & extra work
Project scope. Your accepted quote or proposal sets out the agreed work, deliverables, payment method and any project-specific terms.
Design approval. Approval of the homepage design concept confirms the design direction for the whole website, including typography, colours, layout and animation.
Included changes. Wording changes, image replacements and corrections during the build are included where they remain within the approved design direction and agreed scope.
Additional work. Changes to the approved design direction or work outside the agreed scope will be quoted separately. Invoices for additional work are payable within 14 days.
Ownership
Pay-in-full projects. Ownership of the bespoke website design and source code transfers to you once the final payment has cleared.
Monthly projects. Ownership remains with Orb55 until the buyout price has been paid or all 24 monthly payments have cleared. Ownership then transfers without any further charge. Only cleared monthly payments count towards the 24 payments.
Hosting and care. Ownership covers the website design and source code, not ongoing services. Hosting, monitoring, backups, maintenance and security updates end when the monthly plan ends, unless you arrange to continue them through a standalone Website Care plan. Alternatively, you may arrange your own hosting.
Use of the website. Once ownership transfers, you may edit, extend, host or migrate the website. You may not resell or redistribute the bespoke source code or design as a standalone product or template.
Third-party assets. Fonts, software, libraries, plugins and other third-party assets remain subject to their respective licences.
If things go wrong
Missed payments. Monthly payments are due on the agreed date. If a payment fails, you have seven days to clear the outstanding amount. After seven days, Orb55 may suspend the website, hosting, Website Care and related services until your account is up to date. If payment remains outstanding for 30 days, Orb55 may cancel the monthly plan. The website will remain offline and ownership will remain with Orb55 unless the buyout price is paid. Orb55 is not required to reduce payments, spread arrears over future instalments, extend the payment arrangement or continue services while payments are overdue.
Project cancellation. You may cancel a project at any time. Your deposit becomes non-refundable once the build begins, whether you are paying in full or monthly. It is retained against work undertaken, time reserved and costs incurred, whether or not the website launches. Completed work remains the property of Orb55 until the payments required for ownership have cleared.
No response. If a completed website is awaiting content, access details, approval or another item from you, and you do not respond within 30 days of a written request from Orb55, the project may be treated as cancelled by you. Any deposit paid will be retained. Where ownership has not transferred, completed work remains the property of Orb55, and Orb55 may reuse or resell the design.
Unable to deliver. If Orb55 is materially unable to provide the agreed services, payments relating to work that has not been carried out will be refunded.
Liability. Services will be provided with reasonable care and skill. To the fullest extent permitted by law, Orb55's total liability arising from or connected with a project is limited to the total amount you have paid Orb55 for that project. Orb55 will not be liable for indirect or consequential losses, including loss of profit, revenue, business, bookings, enquiries, reputation or data.
Service suspension. To the fullest extent permitted by law, Orb55 will not be liable for losses resulting from a website or service being suspended or withdrawn in accordance with these terms because of cancellation, non-payment or a breach of these terms. You are responsible for paying on time and for the consequences of suspension caused by non-payment.
Legal exceptions. Nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.
The legal bits
About these terms. These terms apply to bespoke website design and development services provided by Orb55 to the client ("you" or "your").
Prices and payment. All prices are in GBP. Payment is made by bank transfer.
Timescales. Quoted delivery periods are measured in business days and begin once all required content, assets, approvals and access details have been received. Delays in supplying these items may extend the delivery or launch date. Any revised timescale will be communicated to you.
Portfolio. Unless you object in writing before launch, Orb55 may showcase the completed work in its portfolio, case studies and social media. This may include screenshots, extracts from the website and a brief project description. A small "Website by Orb55" credit, linking to orb55.com, will appear in the footer of your website. This can be removed on written request.
Governing law. These terms and any dispute arising from them are governed by the laws of England and Wales. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the courts of England and Wales.