Lakeberry Terms & Conditions

These Terms & Conditions govern website design and development services provided by [FULL LEGAL NAME — ADD MANUALLY], trading as Lakeberry ("Lakeberry", "we", "us" or "our").

Address for service: [UK ADDRESS — ADD MANUALLY]
Email: [LAKEBERRY EMAIL — ADD MANUALLY]

By agreeing to proceed with a project and accepting these Terms & Conditions, you ("the Customer", "you" or "your") agree to be bound by them.

1. Business customers

Lakeberry provides website design and development services to businesses.

By entering into an agreement with Lakeberry, you confirm that you are purchasing our services wholly or mainly for the purposes of your trade, business, craft or profession and not primarily for personal use.

If this is not the case, you must tell us before making any payment.

2. Our service

Lakeberry provides website design and development services based on professionally designed website structures and components that are personalised for individual businesses.

Unless otherwise agreed in writing, our standard website service costs £795.

The standard service includes personalisation of the agreed website using information and materials supplied by the Customer, preparation of appropriate website content based on that information, responsive implementation, and two rounds of revisions as described below.

The precise content and functionality of a website will be based on the scope presented and agreed before the Customer proceeds.

Anything outside the agreed scope may be treated as additional work under section 8.

3. Payment

The standard £795 project price is paid in two equal instalments.

A 50% initial payment of £397.50 is required before work begins.

The remaining £397.50 becomes due once the Customer has reviewed and approved the finished website and before the website is launched, transferred or otherwise handed over.

Any agreed additional charges must also be paid when due.

Lakeberry is not required to launch or transfer the completed website or final project files until all amounts due for the project have been paid.

4. Questionnaire and starting the project

After the initial payment has been received, Lakeberry will provide the Customer with a questionnaire.

The questionnaire is used to collect the information, preferences and materials required to personalise the website.

The Customer is responsible for providing the information reasonably required for Lakeberry to begin the work.

The project delivery period does not begin merely because the initial payment has been made.

Unless otherwise agreed, the delivery period begins once Lakeberry has received the completed questionnaire and all information and materials reasonably required to begin producing the first personalised version.

5. First version and delivery time

Lakeberry will aim to provide the Customer's first personalised version for review within 5 working days after receiving the completed questionnaire and the information and materials reasonably required to begin.

This five-working-day period applies to delivery of the first version for review, not completion of the entire project.

The first version may be made available through a temporary preview hosted by Lakeberry. The preview is provided for Customer review and does not constitute final launch, transfer or handover of the website.

The overall project may take longer because it also includes Customer review, revisions, approval and final payment.

Any delivery date or timeframe may be reasonably extended where:

• the Customer delays in providing information, materials, access, feedback or decisions;
• the Customer requests additional or out-of-scope work;
• circumstances outside Lakeberry's reasonable control prevent or delay performance.

If Lakeberry needs further information before work can properly begin, we will tell the Customer.

6. Revisions

The standard £795 price includes two rounds of revisions.

A revision round means one consolidated set of requested changes provided by the Customer after reviewing the website or a revised version of it.

The Customer should review the website as a whole and provide the changes they would like made together as one revision round.

A revision round may include reasonable changes within the agreed scope of the website, such as changes to wording, supplied images, business information, service emphasis, colours or existing website content.

The Customer does not have to use both revision rounds if they are satisfied with the website sooner.

Corrections required because Lakeberry has incorrectly implemented agreed information or functionality do not count as a revision round.

Requests that materially expand or alter the agreed scope are not treated as ordinary revisions and may be treated as additional work under section 8.

Once the two included revision rounds have been used, any further revisions requested by the Customer are charged at £40 per hour.

Lakeberry will make the Customer aware where a request will incur an additional charge before carrying out chargeable additional work.

7. Approval

The Customer is responsible for reviewing the website before approval, including checking:

• business and contact information;
• services and service areas;
• written content;
• images;
• reviews and testimonials;
• certifications and accreditations;
• links;
• other information specific to the Customer's business.

Approval may be given in writing, including by email.

Once the Customer approves the website, the remaining project balance becomes due.

Changes requested after approval are not included within the standard project price unless they are required to correct an error made by Lakeberry.

8. Additional and out-of-scope work

The standard project price covers the agreed website and the work expressly included within that scope.

Additional work can include, for example:

• additional pages;
• new functionality;
• substantial redesigns;
• replacement of the agreed design or website structure;
• significant new sections;
• integrations or features not included in the agreed scope;
• work requested after the included revision rounds have been used.

Additional pages are charged at £75 per page, unless otherwise agreed.

Additional revisions after the two included rounds are charged at £40 per hour.

Other additional work will be priced or quoted separately.

Lakeberry will tell the Customer when a request is considered additional work and provide the applicable price or quote before carrying it out.

The Customer is not required to purchase additional work.

Additional work may extend previously indicated project timescales.

9. Customer delays and inactivity

Where Lakeberry sends the Customer a version of the website for review or otherwise requires information, feedback, approval or a decision, the Customer should respond within 7 days.

If no response is received, Lakeberry may send a first reminder.

If there is still no response, Lakeberry may send a second reminder approximately 7 days later.

If the Customer remains unresponsive after the second reminder, Lakeberry may pause the project.

While a project is paused:

• Lakeberry is not required to reserve production capacity for it;
• previous delivery estimates or deadlines no longer apply; and
• Lakeberry may continue work for other customers.

If the Customer has been inactive for 30 days, Lakeberry may notify the Customer that the project is being closed.

If the Customer later asks to reopen a closed project, Lakeberry may agree to do so subject to current availability. Where reopening creates additional work, Lakeberry may charge for that additional work after informing the Customer of the charge in advance.

Customer delays automatically extend any Lakeberry deadline affected by that delay.

Closing or pausing a project because of Customer inactivity does not automatically create an entitlement to a refund. Any amount retained or refunded will be determined by reference to the work completed and the applicable principles in section 10, subject to applicable law.

10. Cancellation by the Customer

The Customer may tell Lakeberry that they wish to cancel a project.

Before work begins

If the Customer cancels before submitting the questionnaire and before Lakeberry has begun project work, the £397.50 initial payment will be refunded in full.

After work begins but before the first version is delivered

If the Customer cancels after Lakeberry has begun work but before the first personalised version has been delivered, Lakeberry may deduct from the initial payment an amount reflecting:

• the proportion and reasonable value of the first-version work already completed; and
• any direct loss reasonably incurred as a result of the cancellation, taking into account losses or costs that Lakeberry has reasonably been able to avoid.

The amount retained will not exceed the £397.50 initial payment.

Any remaining part of the initial payment will be refunded.

If requested, Lakeberry will explain the basis on which the retained amount has been calculated.

After the first version has been delivered

Once the first personalised version has been completed and delivered for review, the work covered by the initial project stage has been substantially performed.

If the Customer chooses to cancel after that point, the £397.50 initial payment will ordinarily be retained in respect of work already completed, subject to applicable law and the circumstances of the cancellation.

The Customer will not ordinarily be required to pay the remaining £397.50 where the project is cancelled before final approval unless additional sums have separately become due for work already agreed and performed.

11. Cancellation by Lakeberry

Lakeberry may end a project where there is a reasonable basis to do so, including where the Customer:

• fails to make a payment when due;
• repeatedly fails to provide information or cooperation required to complete the project;
• requests unlawful, fraudulent or infringing content or activity;
• materially breaches these Terms & Conditions.

Where Lakeberry ends a project because of a Customer breach, amounts payable for work already carried out remain due.

If Lakeberry ends a project for reasons that are not caused by the Customer, Lakeberry will refund any payment received for work that has not been provided.

Nothing in this section allows Lakeberry to retain payment for services that have not been provided where doing so would be unlawful.

12. Customer-provided information and materials

The Customer is responsible for information and materials they provide to Lakeberry.

This can include:

• business names and branding;
• logos;
• photographs and images;
• written material;
• customer reviews and testimonials;
• certification and accreditation badges;
• business claims;
• service information;
• contact details;
• other files or content supplied for use on the website.

By supplying material to Lakeberry, the Customer confirms that they own it or otherwise have the rights, licences, permissions and authorisations reasonably necessary for it to be used on their website.

The Customer gives Lakeberry permission to use, reproduce, resize, crop, compress, convert, format and otherwise reasonably adapt supplied materials for the purpose of creating and delivering the website.

The Customer retains ownership of material they owned before supplying it to Lakeberry.

The Customer is responsible for ensuring that factual information supplied about their business is accurate and that they are legitimately entitled to display any certifications, registrations, memberships or accreditation badges they provide.

Where the Customer provides reviews or testimonials, the Customer is responsible for ensuring that they are genuine and may lawfully be reproduced.

Lakeberry may refuse, remove or replace material where we reasonably believe its use could infringe another person's rights, mislead website visitors or be unlawful.

If a third party raises a credible rights complaint about Customer-supplied material, the Customer agrees to reasonably cooperate in resolving the matter.

13. Material sourced by Lakeberry

Where Lakeberry independently obtains stock imagery, icons, software, fonts or other third-party materials for use in the website, Lakeberry is responsible for ensuring that we use those materials under an appropriate licence.

Third-party materials remain subject to the rights and licence terms of their respective owners.

The Customer does not acquire ownership of third-party intellectual property merely because it forms part of the website.

14. Website ownership and intellectual property

The Customer retains ownership of all intellectual property and materials that they owned before the project and supplied to Lakeberry.

Lakeberry uses reusable designs, templates, components, code, development techniques, systems and know-how in providing its services. These pre-existing and reusable materials remain the property of Lakeberry or their respective third-party owners.

The £795 service does not give the Customer exclusive ownership of Lakeberry's underlying reusable website template, general components, development methods or other material designed to be reused across projects.

After Lakeberry has received all amounts due for the project:

• the final website files will be transferred or made available to the Customer as agreed;
• the Customer may use, host, operate, modify and further develop their completed website;
• the Customer will own Customer-specific content created exclusively for their business to the extent that Lakeberry owns the relevant rights and those rights are capable of transfer; and
• Lakeberry grants the Customer a perpetual, worldwide, non-exclusive licence to use any Lakeberry-owned reusable template, code or component incorporated into the delivered website as part of that website.

This licence allows the Customer to continue using and modifying their own delivered website without paying Lakeberry an ongoing licence fee.

It does not prevent Lakeberry from using the same or similar templates, structures, components, techniques or code for other customers.

Where any further written document is reasonably required to give effect to an agreed transfer of Customer-specific intellectual property rights, the parties will reasonably cooperate in completing it.

Third-party materials remain subject to their applicable licences.

15. Domains

Domain registration is not included within the standard £795 website price unless expressly agreed.

Where requested, Lakeberry's domain registration and setup service costs £40.

This is a Lakeberry setup charge and does not include the domain provider's registration, renewal or other ongoing charges unless expressly stated.

The Customer is responsible for ongoing domain fees.

Wherever practical, domains arranged for a Customer will be registered in, or transferred into, the Customer's ownership or control.

After handover, the Customer is responsible for ensuring that their domain remains registered and renewed.

Lakeberry is not responsible for future domain expiry or renewal unless we have separately agreed in writing to manage it.

16. Hosting

Hosting is not included within the standard £795 website price unless expressly agreed.

Where requested, Lakeberry's hosting setup service costs £50.

This is a Lakeberry setup charge and does not include third-party hosting fees or subscriptions unless expressly stated.

The Customer is responsible for ongoing hosting charges.

Wherever practical, hosting accounts will be created in, or transferred into, the Customer's ownership or control.

After handover, the Customer is responsible for maintaining and paying for their hosting unless Lakeberry has separately agreed in writing to provide an ongoing service.

17. Third-party services and subscriptions

A website may use third-party services, platforms or subscriptions. These can include, for example, form-processing services such as Formspree, domain providers, hosting providers, email services or other external tools.

Unless expressly agreed otherwise:

• ongoing third-party fees and subscriptions are the Customer's responsibility;
• the Customer will pay the relevant third-party provider directly;
• Lakeberry does not charge or collect an ongoing monthly fee merely because a third-party service is used by the website;
• wherever practical, third-party accounts will be created in, or transferred into, the Customer's ownership and control.

Lakeberry will inform the Customer before setting up a paid third-party service that creates a recurring charge for the Customer.

Any Lakeberry setup charge is separate from the third party's own subscription, usage or renewal fees.

The Customer remains responsible for maintaining payment for third-party services required for continued website functionality after handover.

Lakeberry is not responsible for outages, service changes, price changes, discontinuation or other acts or omissions of third-party providers that are outside Lakeberry's reasonable control.

This does not exclude Lakeberry's responsibility for problems caused by Lakeberry incorrectly configuring a third-party service as part of the agreed project.

18. Account access and credentials

Where the Customer already has a domain, hosting account or other third-party service, Lakeberry may require appropriate access in order to complete the agreed work.

The Customer must provide required access within a reasonable time.

Customers should not submit passwords or sensitive account credentials through the Lakeberry business questionnaire.

Where account access is required, Lakeberry and the Customer should arrange an appropriate method separately.

Delays in providing necessary access may extend the project timeline under section 9.

19. Launch and handover

The website will not ordinarily be launched or transferred until:

• the Customer has approved the website;
• the final project balance has been paid; and
• any other agreed charges that are due have been paid.

Once these requirements have been satisfied, Lakeberry will complete the agreed launch or handover process.

Where relevant, control of Customer-specific domain, hosting and third-party accounts set up as part of the project will be provided or transferred to the Customer as appropriate.

20. Post-launch support

Lakeberry provides a 30-day technical warranty period beginning on the date the website is launched or handed over, whichever is applicable to the project.

During this period, Lakeberry will correct at no additional charge technical faults caused by Lakeberry's implementation of the website as approved.

This may include, for example:

• a button or agreed interaction not functioning correctly;
• an incorrectly implemented link;
• an agreed form failing because of Lakeberry's configuration;
• responsive layout problems caused by the delivered implementation;
• agreed functionality not behaving as it did or should have done at approval.

The 30-day technical warranty does not include:

• new content or copy changes;
• replacement images;
• new sections, pages or features;
• additional design changes;
• further revision requests;
• problems caused by changes made by the Customer or another third party after handover;
• failures or changes to third-party services outside Lakeberry's reasonable control;
• domain, hosting or subscription renewals;
• ongoing website maintenance.

Correcting an error made by Lakeberry is not treated as a paid revision merely because the Customer has already used their included revision rounds.

After the 30-day technical warranty period, Lakeberry has no obligation to provide ongoing maintenance or support unless separately agreed in writing.

The Customer may contact Lakeberry about additional work after this period, which will be subject to availability and any price agreed before the work begins.

21. Third-party services

Lakeberry cannot guarantee that a third-party platform, hosting provider, domain provider, form-processing service, email provider or other external service will operate continuously or remain available indefinitely.

Third-party services may change their functionality, terms, pricing or availability independently of Lakeberry.

Where a third-party change affects the website after handover, any work required to adapt the website is not automatically included within the original project price or 30-day technical warranty unless the problem was caused by Lakeberry's implementation.

22. Customer responsibility after handover

After handover, the Customer is responsible for the ongoing operation of the website and any accounts, subscriptions, domains or hosting services transferred to or controlled by them.

Lakeberry is not responsible for problems caused after handover by:

• changes to the website made by the Customer or another person;
• failure to renew or pay for required third-party services;
• loss or misuse of Customer account credentials;
• malware, security incidents or other events introduced after handover through changes outside Lakeberry's control;
• third-party services outside Lakeberry's reasonable control.

This section does not affect Lakeberry's obligations under the 30-day technical warranty.

23. Late payment

Invoices and payment requests must be paid by the date stated on them.

Where a qualifying business-to-business payment becomes overdue, Lakeberry reserves the right to exercise any statutory rights available in relation to late commercial payments, including applicable interest and debt-recovery costs.

Lakeberry may pause work while an undisputed payment remains overdue.

Pausing work because of an overdue payment may extend the project timeline.

24. Liability

Lakeberry will provide the services with reasonable care and skill.

Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to the above, Lakeberry is not responsible for losses caused by:

• inaccurate or unlawful information or materials supplied by the Customer;
• Customer failure to follow instructions or provide required information;
• changes made by the Customer or third parties after handover;
• third-party outages, service changes or failures outside Lakeberry's reasonable control;
• loss arising from the Customer's failure to maintain domains, hosting, subscriptions or account access.

Lakeberry does not guarantee any particular level of website traffic, search-engine ranking, enquiries, leads, sales, revenue or other commercial result from the website.

To the extent permitted by law, Lakeberry will not be liable for indirect or consequential losses or for loss of profit, revenue, business opportunity or anticipated savings arising indirectly from the services.

To the extent permitted by law, Lakeberry's total liability arising out of a project will not exceed the total amount paid or payable to Lakeberry for that project.

Any limitation or exclusion in these Terms applies only to the extent that it is lawful and reasonable to do so.

25. Events outside reasonable control

Neither party will be responsible for a delay or failure to perform an obligation where that delay or failure results from circumstances genuinely outside that party's reasonable control.

The affected party should inform the other party as soon as reasonably practical where such circumstances materially affect the project.

Any affected deadline will be extended by a reasonable period.

If such circumstances prevent the project from continuing for a prolonged period, the parties should discuss a reasonable way to conclude, suspend or reschedule the project, taking account of work already performed and payments already made.

26. Communications

Project communications and approvals may be made by email unless another method is agreed.

The Customer is responsible for providing an email address they monitor and for informing Lakeberry if their contact details change during the project.

Where these Terms require notice, notice may be given by email to the most recent email address provided by the relevant party unless the law requires another method.

27. Changes to these Terms

The Terms & Conditions that apply to a project are the version accepted by the Customer when the project is agreed.

Lakeberry may update these Terms & Conditions for future projects.

A later change published on the Lakeberry website will not retrospectively alter the agreed terms of an existing project unless Lakeberry and the Customer both agree to the change.

28. Entire agreement and variations

These Terms & Conditions, together with the agreed project scope and any written additional terms or quotation expressly agreed between Lakeberry and the Customer, form the agreement for the project.

If a project-specific written agreement expressly conflicts with these general Terms & Conditions, the specifically agreed project term will take priority for that matter.

Any material variation to the agreed project should be confirmed in writing.

29. Severability

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply so far as legally possible.

30. No waiver

If either party does not immediately enforce a right under these Terms & Conditions, that does not mean that the right has been waived.

31. Third-party rights

Unless expressly stated otherwise, a person who is not a party to the agreement has no right to enforce these Terms & Conditions.

32. Governing law and jurisdiction

These Terms & Conditions and any dispute or claim arising from them are governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction over disputes arising from the agreement, subject to any mandatory legal rights or jurisdictional rules that apply.

33. Questions and complaints

If the Customer has a question, concern or complaint about a project, they should contact Lakeberry at:

[LAKEBERRY EMAIL — ADD MANUALLY]

Lakeberry will aim to resolve concerns directly and reasonably wherever possible.

34. Acceptance

The Customer must be given an opportunity to read these Terms & Conditions before making the initial payment.

By expressly accepting these Terms & Conditions and proceeding with the initial payment, the Customer confirms that:

• they have read and agree to these Terms & Conditions;
• they are purchasing the service for business purposes;
• they understand the agreed price and payment structure; and
• they have had the opportunity to ask Lakeberry any questions before proceeding.