Our Terms of Service
These Terms of Service (“Agreement”) are entered into by and between Forty Miles West (“The Service Provider”), located at Unit 2 Bollinside, Macclesfield, SK11 7RN, UK, and the client (“The Customer”). By accepting any quote, proposal, or using our services, The Customer agrees to be bound by these terms. If The Customer does not agree to these terms, they should not use our services.
1. Services Provided
- Managed Web Hosting
- Web Design & Development
- Design & UX
- Video Production
- Drone Videography & Stills
- Technical SEO & Online Marketing
- Care Plans
2. Payment Terms
2.1 Fees: The Customer agrees to pay the fees specified in the order form for the initial term and any renewal terms.
2.2 Payment Schedule: Payment terms will be specified in individual service agreements.
2.3 No Refunds: Any upfront payments, deposits, or scheduled work retainers are non-refundable. No refunds will be issued for yearly paid hosting or project deposits unless otherwise agreed in writing.
2.4 Project Management Fees: Unless otherwise stated, all projects are subject to a project management fee of 15–20% of the total project value. This includes time spent on managing client expectations, planning, scheduling meetings, handling email correspondence, and all other activities necessary to effectively manage and progress the project. This is included in the overall project cost, whether or not itemised as a separate line item.
3. Video Production
3.1 Ownership: The Service Provider retains ownership of all original files and copyrights unless agreed otherwise. The Customer is granted an exclusive licence to use completed video works for their use, subject to the approved project scope.
3.2 Liability: The Service Provider is not financially responsible for data or revenue loss due to force majeure, accident, or equipment failure.
3.3 Data Storage: The Service Provider is not responsible for storing any data unless expressly agreed in writing.
4. Drone Videography & Stills
4.1 Weather Dependency: Drone operations are subject to weather conditions and aviation safety laws. If conditions are unsafe or unsuitable (e.g., high winds, rain, or restricted airspace), the scheduled work will be postponed, and a rescheduled date will be offered.
4.2 Deposits: Deposits for drone work are non-refundable but transferable to a rescheduled date. We’ll work with The Customer to find the next available date.
5. Web Hosting
5.1 Scope: Starter Hosting includes daily server backups and automatic WordPress plugin updates, unless otherwise agreed upon.
5.2 Security: The Service Provider is not liable for malware, breaches or server attacks unless otherwise agreed.
5.3 Client Responsibility: Clients cannot give third parties site access without security measures being put in place and consent from The Service Provider.
5.4 Plugin Issues: Plugins and compatibility issues are the Customer’s responsibility unless stated otherwise.
5.5 Premium Tools: Premium tools used by the Service Provider will require new license keys to be provided by the Customer if the service contract is terminated.
5.6 Downtime Liability: The Service Provider is not liable for data loss or revenue loss due to site downtime, natural disasters, or hacking.
5.7 Transactional Email: We typically offer a basic transactional email service for hosted websites, ensuring that form submissions and e-commerce receipts are delivered. This is not for newsletters, bulk emails, or unsolicited communications. Abuse of this service will result in the termination of your account. For more robust email delivery or marketing requirements, we can help implement a professional solution.
5.8 Email Hosting Disclaimer: Forty Miles West does not offer or manage email hosting services unless agreed in writing. We generally recommend Google Workspace or Fastmail. Clients are responsible for backing up their emails and ensuring continuity when changing providers. We do not accept liability for any data loss relating to email services.
6. Web Development & Design
6.1 Plugin & Theme Licences: We use a custom development stack for WordPress projects. While under our management, you benefit from significant cost savings as we provide access to developer licences for many premium plugins. If you choose to move your website elsewhere, these licences will be revoked. Your website will continue to function as normal, but to receive future updates, you or your new developer will need to purchase your own licences. You’re also welcome to buy and manage your own licences from the start if preferred.
6.2 Intellectual Property & Licensing: The Customer is granted an exclusive licence to use the website, bespoke code, photography or video content created by Forty Miles West solely for their use. For websites, this licence is strictly limited to use on one domain unless otherwise agreed in writing. Redistribution, resale, or use by third parties is strictly prohibited without prior explicit consent. No redistribution or use of custom elements, components, or backend systems is permitted without written permission.
6.3 External Teams: Third-party SEO or development agencies may be granted editor-only access. Changes to core functionality, theme files, or system settings (such as functions.php) are strictly prohibited unless written consent is provided. This is to protect both parties against IP infringement and potential security breaches.
6.4 Third-Party & White Label Agreements: Where Forty Miles West provides services to agencies, studios, or design teams acting on behalf of their clients, the receiving party agrees to be bound by these Terms of Service unless otherwise agreed in writing. Any reuse, redistribution, or modification of websites, code, or other deliverables beyond the agreed scope requires written consent. Forty Miles West accepts no liability for agreements made between agencies and their clients beyond the scope of our contracted work.
7. Revisions
The Service Provider offers two (2) rounds of revisions for small or reasonable changes at every key stage of design, UX, development or other service phases. Any further revisions or changes in concept, design direction, or primary scope will be treated as additional work and charged accordingly at the agreed-upon rate.
8. Websites Using Third-Party Scripts or Domains
Websites that rely on third-party tools or scripts such as Cloudflare, Google Analytics, Google Maps, fonts, external APIs, or other services are subject to the uptime and stability of those providers. If any of these services go offline or are disrupted, Forty Miles West is not responsible for the impact this may have on your website’s performance or availability. If the Service Provider requires technical time to debug, replace or work around these issues, this time will be chargeable at the standard hourly rate.
9. Care Plans vs Ad-Hoc
Clients on a care plan receive priority support, regular updates, and preventative maintenance. If you are not on a care plan and require ad-hoc changes, these will be scheduled around existing care plan commitments. Ad-hoc support is subject to availability and must be paid for in advance before any work is undertaken. The minimum charge for ad-hoc work is £75 per hour, with a minimum of 1 hour. Without a care plan, you are not entitled to priority scheduling or ongoing preventative measures.
10. General Terms
10.1 Additional Costs: Extra items (plugins, media, stock assets) procured by the Service Provider will include a 20% handling fee, agreed in advance.
10.2 Non-refundable Down Payments: All deposits and retainers are non-refundable. If a client cancels or delays the work, the deposit is retained to cover scheduling and planning costs.
10.3 Staff & Freelancer Availability: In the event of bereavement, illness, or unforeseen absence of key team members, an appropriate amount of time will be given for recovery or grieving. Another team member will be assigned where possible, but delays may occur if a specific input or style is required, and understanding is appreciated.
10.4 External Developer Access: To ensure secure practices, third-party developers/SEO should not be granted administrator access without notifying Forty Miles West in advance. Unauthorised backups or exports are also prohibited.
10.5 Client Responsibility: The Customer is responsible for delivering content, imagery, approvals, and any required information within reasonable timeframes to keep the project on schedule. Delays in communication, failure to provide materials or sign-offs, or lack of response for more than 30 days will be deemed a breach of contract. The Service Provider will issue a written 14-day notice to the Customer, requiring them to rectify the issue. If there is no communication or the delay exceeds 30 days, the project will be archived, and no refund will be due. A fee may be applied to resume work. Clients who have not signed a formal agreement but have commenced engagement will still be considered bound by these Terms of Service.
10.6 Portfolio Use: The Service Provider may use client work in its portfolio, social media, website, or other promotional material unless otherwise agreed upon.
11. Opening Hours & Support
Forty Miles West operates Monday to Friday, 9:00 am to 5:00 pm. Clients should contact us by phone only during these hours, unless otherwise agreed. For technical support, please email [email protected]. We will typically respond within a few hours. Emergency response times are dependent on the level of care or support plan you have. If you are not on a care plan, your enquiry will be responded to during working hours based on availability.
It is preferable to email us your query first, and then a phone call can be arranged at a time that suits both parties.
12. Data Protection
Both parties agree to comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 in the handling and processing all personal data.
13. Intellectual Property Indemnity
The Customer warrants that all materials provided to the Service Provider (including, but not limited to, text, images, fonts, videos, and branding) do not infringe upon any third-party rights. The Customer agrees to indemnify the Service Provider against any legal claims or liabilities arising from the use of such materials.
14. Subcontracting and Assignment
The Service Provider may subcontract elements of any service to trusted freelancers or third-party providers. The Customer may not transfer or assign this agreement without the written consent of the Service Provider.
15. Limitation of Liability
The Service Provider shall not be liable for indirect, incidental, special, consequential or punitive damages. Liability shall not exceed the total amount paid by the Customer in the twelve (12) months preceding the claim.
16. Force Majeure
Neither party shall be liable for any delay or failure to perform their obligations due to events beyond their control, including but not limited to acts of God, war, terrorism, labour disputes, pandemics, and governmental restrictions.
17. Termination
17.1 By Customer: Customers may terminate with written notice. No refunds will be given for deposits or prepaid services unless agreed in writing.
17.2 By Service Provider: The Service Provider may terminate the Service immediately if the Customer breaches any term and fails to resolve the issue within fourteen (14) days of receiving notice.
18. Governing Law
The laws of England and Wales govern this Agreement. Disputes will be handled in the courts of England and Wales.
19. Entire Agreement
This Agreement, along with any proposals or service agreements, constitutes the full understanding between the parties.
20. Amendments
The Service Provider reserves the right to update these terms at any time. Customers will be notified of significant changes. Continued use of services constitutes agreement to the updated terms. The latest version will always be available at fortymileswest.co.uk.
21. Contact Information
If you have any questions, please get in touch with us at:
Forty Miles West
Unit 2 Bollinside, Macclesfield, SK11 7RN, UK
Email: [email protected]