Terms and Condtions

The following terms and conditions apply to all website development / design services provided by Mike Hoft Web Design to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client 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.

2. Charges

Charges for services to be provided by Mike Hoft Web Design are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 60 days. Mike Hoft Web Design reserves the right to alter or decline to provide a quotation after expiry of the 60 days.

All and any reasonable costs incurred by the Designer throughout the course of the project shall be met by the Client, subject to the prior approval of the Client or their representative in writing. The costs involved have been detailed as part of the online checkout process.

Such payments will be made by BACS or by PayPal on receipt of an invoice from the Designer.

All payments are due within 2 working days of receipt of notice or invoice by the Designer. Should payment be withheld without due cause, the Designer reserves the right to temporarily unpublish the site.

Should the Client wish for any work to be done in addition to the initial scope of the project throughout the course of the existing work or at the completion of the initial project, the cost of these alterations will be met by the Client and be charged at the Designer’s hourly rate of £40.00p/h with a minimum of two hours’ work, unless an alternate quotation has been provided by the Designer.

3. Client Review

Mike Hoft Web Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Mike Hoft Web Design otherwise within ten (10) days of the date the materials are made available to the Client.

After the handover of the site to the Client on completion of the project, the Designer will cease to be responsible for the content, design or maintenance of the site, without prior agreement. At this point, the Client will be given Admin access to the site content to allow for updates and editing as required. The Designer will ensure that the site software and security updates are scheduled and update as required automatically. Should the Client require the services of the Designer after this time for any reason, then a new quotation for any work required must be obtained.

4. Turnaround Time and Content Control

Mike Hoft Web Design will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Mike Hoft Web Design receiving initial payment, unless a delay is specifically requested by the Client and agreed by Mike Hoft Web Design.

In return, the Client agrees to delegate a single individual as a primary contact to aid Mike Hoft Web Design with progressing the commission in a satisfactory and expedient manner.

During the project, Mike Hoft Web Design will require the Client to provide website content; text, images, movies and sound files etc. to populate the website.

5. Failure to provide required website content:

Mike Hoft Web Design 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 your work is completed at the time arranged.

This is why we ask that you provide all the required information at least one (1) week prior to the agreed completion date. 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 agreed 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 before the agreed time, one (1) week prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

Mike Hoft Web Design agree to make periodical updates to any sites commissioned and hosted by Mike Hoft Web Design.  This is subject to a fair usage clause.  Mike Hoft Web Design reserve the right to refuse to update websites if such requests exceed 3 hours of development time per site per annum.

NOTE: Text content should be delivered as a Apple Pages, Microsoft Word, pdf file, 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.

If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself.

6. Payment

Invoices will be provided by Mike Hoft Web Design upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or £30 per month of the total amount due, whichever is greater.

7. Additional Expenses

Client agrees to reimburse Mike Hoft Web Design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins, etc.  This payment will be required prior to the purchase of the additional required materials.

8. Web Browsers

Mike Hoft Web Design 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. Firefox, Microsoft Edge, Google Chrome, etc.).  The client agrees that Mike Hoft Web Design cannot guarantee correct functionality with all browser software across different operating systems.

Mike Hoft Web Design cannot accept responsibility for web pages which do not display acceptably in obselete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, Mike Hoft Web Design 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.

9. 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 Mike Hoft Web Design’s Web space, Mike Hoft Web Design will, at its discretion, remove all such material from its web space. Mike Hoft Web Design 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 Mike Hoft Web Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Mike Hoft Web Design in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email.

At least thirty (30) days notice must be given for monthly paid subscriptions.

The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

All Mike Hoft Web Design services may be used for lawful purposes only. You agree to indemnify and hold Mike Hoft Web Design harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Mike Hoft Web Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Mike Hoft Web Design permission and rights for use of the same and agrees to indemnify and hold harmless Mike Hoft Web Design from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Mike Hoft Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. 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 (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Mike Hoft Web Design 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.

14. Design Credit

A link to Mike Hoft Web Design 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 20% of the total development charges will be applied. When total development charges are less than £500, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in Mike Hoft Web Design’s portfolio.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, Mike Hoft Web Design 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.

16. Post-Placement Alterations

Mike Hoft Web Design 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.

17. Domain Names

Mike Hoft Web Design can purchase domain names on behalf of the Client.  Payment and renewal of those domain names is the responsibility of the Mike Hoft Web Design. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of Mike Hoft Web Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

20. Refunds

If, either party at any time wishes to terminate this agreement as per clause 10 above, the Client may apply for a refund for services that have not been used. Refunds will be subject to Mike Hoft Web Design's absolute discretion and based on whether products paid for have already been used. For example, if a Client cancels this agreement and the Designer has already begun work on the site, a pro-rata refund may be considered for the initial setup fee, again at our discretion.

In the case of monthly subscriptions, e.g. Hosting Plans, no refund will be offered as the cost will have already been incurred by the Designer to provide the applicable hosting. Clients should ensure that there are no further recurring payments if they send notice of cancellation. 

19. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

20. Governing Law

This Agreement shall be governed by English Law.

21. Liability

Mike Hoft Web Design 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 Mike Hoft Web Design 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.

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABILE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.

22. 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 clause.


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