Introduction
Parties
Service provider: Toby Cates, trading as Toby Cates Web Design, Birmingham, UK. Contact: hello@tobycates.co.uk · 07394 264724 · tobycates.co.uk
Client: The individual or business engaging Toby Cates Web Design for services, as named in the project correspondence or invoice.
Agreement
A binding agreement is formed when the client pays the deposit invoice or provides written confirmation accepting a project proposal. From that point, both parties are bound by these terms.
These terms supersede any prior verbal or written discussions. Any amendments must be agreed in writing by both parties.
The Free Preview
Toby Cates Web Design offers a complimentary website preview to all prospective clients prior to any financial commitment. The purpose of the preview is to demonstrate the design direction, visual style, and quality of work that would be applied to the client's site.
- Following a preview enquiry, Toby Cates Web Design aims to respond by email within 24 hours to confirm that the preview is underway. This confirmation email will set out the expected timeline for delivery of the preview. The 24-hour response time relates to this confirmation email only and is not a guarantee that the preview itself will be delivered within 24 hours.
- The preview is capped at 4 hours of work and covers a partial build of the homepage only. It does not represent a complete or launch-ready website.
- No deposit or payment is required to receive a preview. The preview does not constitute a contract or obligation on either party.
- The preview remains the intellectual property of Toby Cates Web Design until a deposit is received.
- If the client wishes to request changes to the preview, this constitutes the beginning of the formal build process. A deposit must be paid before any further work is carried out.
- If the client declines to proceed after receiving the preview, no fee is owed and no further obligation exists on either side.
Packages & Scope of Work
Available packages
All web design services are provided under one of the following packages. The scope of each package is defined below and confirmed in writing prior to deposit payment.
| Package | Pages | Revision rounds included | Timeline |
|---|---|---|---|
| Essential | Up to 5 | 1 round | 2–3 weeks |
| Professional | Up to 10 | 2 rounds | 3–6 weeks |
| Prestige | Unlimited | 3 rounds | From 6 weeks |
Fixed-price commitment
The project fee for Essential and Professional packages is fixed. It will not increase unless the client explicitly requests work that falls outside the agreed package scope. There is no hours cap — the fee covers delivery of everything agreed, regardless of how long it takes.
All packages include
- Mobile responsive design
- Fast loading performance optimisation
- Contact forms and enquiry capture via WPForms
- Google Analytics 4 integration
- Google Search Console setup and XML sitemap submission
- Security and backup configuration
- Basic SEO setup including meta titles and descriptions
- LLM visibility optimisation (structured for inclusion in AI search tools)
- Client training and handover including onboarding PDF
Prestige pricing
The Prestige package is priced individually based on the specific requirements of each project. A detailed quote will be provided following a free consultation. The client is under no obligation to accept any quoted price. Work begins only upon written acceptance and payment of the deposit.
Out of scope
Any work not explicitly described in the agreed package or confirmed project proposal is considered out of scope and will be quoted separately before any work begins. This includes but is not limited to: additional pages beyond the package limit, e-commerce functionality on Essential or Professional packages, third-party integrations not discussed at the outset, and custom animations not included in the original brief. The agreed project fee will never increase due to the time taken to deliver the agreed scope — only due to client-requested additions. How out-of-scope work is priced and paid for depends on when it is requested; see section 4 for full details and worked examples.
Pricing & Payment
Project fees
| Package | Project fee | Monthly maintenance |
|---|---|---|
| Essential | £1,000 | £45/month |
| Professional | £2,000 | £65/month |
| Prestige | From £3,500 (quote-based) | Quoted individually |
Payment schedule
- 50% deposit is required before any work begins. Work does not commence until the deposit is received and cleared.
- 50% final payment is due upon project completion, before site credentials and handover materials are released.
- The final balance invoice is due within 7 days of the completion invoice date.
- All payments are made by bank transfer to the account details provided on the invoice. Please use the invoice number as your payment reference.
- The monthly maintenance retainer is paid by standing order and begins from the date the site goes live.
Additional work
The agreed project fee is fixed and covers everything within the package scope. The price will only increase if the client explicitly requests work that falls outside that scope. Out-of-scope work includes:
- Additional pages beyond the package limit
- Extra revision rounds beyond those included in the package
- New features or functionality not discussed or agreed at the outset
- Third-party integrations not included in the original brief
All out-of-scope work is quoted individually and agreed in writing before any work begins. It is priced at £50 per hour or a fixed fee agreed in advance, and paid according to the timing rules below. No additional charges will be applied without the client's explicit written approval.
Payment for out-of-scope features
Where a client requests a feature, page, or functionality that falls outside their chosen package, how it is paid for depends on when it is requested:
Agreed at the outset. If the additional feature is agreed before the project begins, its price is added to the package fee to form the total project fee. This combined total is then payable as 50% deposit and 50% on completion.
Requested mid-project. If the additional feature is requested after the deposit has been paid, it is treated as a separate charge payable in full, in advance, before that work is carried out. The original package fee remains split 50% deposit and 50% on completion, unchanged.
Worked examples
Agreed at the start: Essential (£1,000) plus a 5-hour animation (5 × £50 = £250) gives a £1,250 project fee — £625 deposit and £625 on completion.
Added mid-project: A client on Essential (£500 deposit paid, £500 due on completion) requests the same 5-hour animation. They pay £250 in full before it is built, then £500 on completion — £1,250 in total.
No out-of-scope work is carried out without the client's explicit written approval and, where payable in advance, receipt of that payment.
Late payment
Invoices unpaid after 7 days from the due date will accrue interest at 8% above the Bank of England base rate, as permitted under the Late Payment of Commercial Debts Act 1998. Toby Cates Web Design reserves the right to suspend active work on any project with an outstanding overdue balance.
VAT
Toby Cates Web Design is not VAT registered. All prices stated are the total amount due with no VAT applicable.
Deposit & Cancellation
Client cancellation after deposit, before significant work
If the client cancels after the deposit has been paid but before significant work has begun, a refund will be calculated as follows:
Cancellation refund formula
Refund = Deposit − (Hours worked × £50) − £100 cancellation fee
Example: Deposit of £700, 2 hours worked → Refund = £700 − £100 − £100 = £500
The £100 cancellation fee covers administrative costs and time spent on project setup, communication, and preview work not already billed.
In the formula above, “hours worked” refers only to hours spent on the originally agreed project scope. Hours spent on separately-paid mid-project additions are excluded, as that work has already been paid for in full.
Prepaid mid-project additions are non-refundable
Any out-of-scope feature requested after the deposit has been paid is charged separately and in full before work begins, as set out in section 4. This payment is non-refundable and is not included in the cancellation refund formula above.
Please note
If the client cancels, the refund is calculated solely on the original project deposit. Any amount paid for mid-project additions is retained in full, as that work was approved and commissioned separately by the client.
Client cancellation mid-project
If the client cancels after significant work has been carried out, Toby Cates Web Design is entitled to charge for all hours worked up to the full value of the agreed project fee. Any outstanding amount above the deposit already paid becomes due immediately upon cancellation.
Cancellation by Toby Cates Web Design
In the unlikely event that Toby Cates Web Design must cancel a project, the client will receive a full refund of any amounts paid, including the deposit. No further liability exists on either side.
Project abandonment
If a project has been inactive for 60 consecutive days due to no response from the client, despite reasonable attempts at contact, the project will be considered abandoned. Toby Cates Web Design reserves the right to close the project at that point. Any work completed up to that point will be billed for, deducted from the deposit per the formula above.
Client Responsibilities & Content
Content supply
The client is responsible for supplying all website content — including written copy, images, logos, brand assets, and any specific text — unless professional copywriting has been purchased as an add-on service. The project timeline begins from the date all required content is received.
Content deadline
The client has one month from the date the deposit is received to supply all required content. If content is not supplied within this period, a delay fee of £50 per month will apply until content is received and the project can begin.
Content quality and rights
- The client warrants that all content, images, and materials supplied are either owned by them or properly licensed for use on their website.
- Toby Cates Web Design accepts no liability for any third-party copyright infringement arising from client-supplied materials.
- Images sourced by Toby Cates Web Design on the client's behalf will be from licensed free-to-use sources (such as Unsplash) unless otherwise agreed.
Client cooperation
The client agrees to provide timely feedback, attend any agreed meetings or calls, and respond to communication within a reasonable timeframe. Delays caused by the client — including late content supply, slow feedback, or extended periods of no contact — will extend the project timeline accordingly and are not the responsibility of Toby Cates Web Design.
Account access
The client will be provided with an Editor-level account on Hostinger, granting access to update basic content such as pricing, testimonials, and text. A written onboarding guide will be provided at handover explaining how to use this account. The client agrees not to attempt to access or modify any aspect of the site beyond what is accessible via the Editor account.
Revisions
Included revision rounds
Each package includes a set number of revision rounds as part of the agreed fixed fee. These are included at no additional cost and have no hours cap — each included round covers whatever time is reasonably required to address the consolidated feedback submitted.
| Package | Included revision rounds | Additional rounds |
|---|---|---|
| Essential | 1 round | £50/hr |
| Professional | 2 rounds | £50/hr |
| Prestige | 3 rounds | £50/hr |
What constitutes a revision
A revision is defined as a major change to the site's existing structure or design. Examples include: changes to the colour scheme, typography, page layout, navigation structure, or overall visual theme. Each revision round may include multiple related changes communicated in a single consolidated brief.
Important
To avoid multiple revision rounds, clients are encouraged to submit all feedback for a given round together in a single document or email rather than piecemeal over time. Each formal submission of feedback counts as one revision round.
New feature requests
A new feature request is distinct from a revision. This includes any functionality, section, or capability not included in the original agreed scope — such as adding a booking system, an additional page, a new section type, or third-party integration. New feature requests are quoted individually and agreed in writing before any work begins. They are billed at £50 per hour or a fixed fee agreed in advance. No new feature work will be carried out without the client's explicit written approval.
Delivery Timeline
Estimated timelines
All delivery timelines are estimates and begin from the date all required client content is received, not from the date of deposit payment.
| Package | Estimated delivery |
|---|---|
| Essential | 2–3 weeks from content received |
| Professional | 3–6 weeks from content received |
| Prestige | From 6 weeks from content received |
Timeline extensions
- Timelines may be extended where content is supplied late, feedback is delayed, or the client requests significant additional work mid-project.
- Toby Cates Web Design will communicate any expected delays in a timely manner.
- Timelines are not guaranteed and Toby Cates Web Design accepts no liability for losses arising from a delayed launch.
Hosting & Maintenance Retainer
What the retainer covers
The monthly maintenance retainer covers technical maintenance only and includes the following:
- WordPress core updates
- Theme and plugin updates
- Security monitoring and configuration
- Regular site backups
- Website hosting via Hostinger
Not included in the retainer
Content editing, design changes, new pages, and any other modifications are not covered by the retainer. These are available at £50/hr upon request, or the client may make simple content edits themselves via their Editor account as described in the onboarding guide.
Cancellation of retainer
Either party may cancel the maintenance retainer by providing 30 days written notice by email. This means that if notice is given on any given day, the retainer continues and the next payment remains due, with the retainer ending 30 days from the date of notice. Simply cancelling a standing order without written notice does not satisfy this requirement and the outstanding amount remains due.
What happens when the retainer ends
Upon cancellation of the retainer — whether by notice, non-payment, or standing order cancellation — the following applies:
- Full WordPress Administrator credentials and Hostinger account access will be handed over to the client.
- Toby Cates Web Design accepts no further responsibility for the security, performance, or uptime of the site from the date of handover.
- If the retainer ends due to non-payment after 30 days, access will be handed over and no further services will be provided until any outstanding balance is settled.
Site modifications
If the client wishes to make changes beyond simple content edits after handover, they have two options:
- Contact Toby Cates Web Design to request a quote for the changes required. Work will be carried out and billed at the agreed rate.
- Request full ownership transfer by emailing hello@tobycates.co.uk stating that the client wishes to take full control of the website and will be cancelling the retainer. Full credentials will be provided and Toby Cates Web Design's responsibility ends immediately.
Intellectual Property
Ownership transfer
Upon receipt of the final payment in full, ownership of the completed website — including all custom design, code, and content produced specifically for the client — transfers to the client. Until that point, all work remains the intellectual property of Toby Cates Web Design.
Portfolio rights
Toby Cates Web Design retains the permanent right to display all completed client work in their portfolio, website, and marketing materials for the purposes of demonstrating design and development capabilities. This includes screenshots, live links, and descriptions of the project. The client agrees to this use by entering into this agreement.
Third-party components
Websites are built using third-party components including WordPress, the Kadence theme, plugins, and stock imagery. These remain subject to their respective licenses and are not owned by either the client or Toby Cates Web Design outright. The client is responsible for maintaining any required plugin or theme licenses after handover if applicable.
Client-supplied content
All content supplied by the client — including text, images, logos, and brand assets — remains the intellectual property of the client. The client grants Toby Cates Web Design a non-exclusive licence to use this content for the purposes of building and maintaining the agreed website.
Limitation of Liability
Liability cap
The total liability of Toby Cates Web Design to the client under or in connection with this agreement — whether in contract, tort, or otherwise — shall not exceed the total amount paid by the client for the project in question.
Exclusions
Toby Cates Web Design accepts no liability for:
- Indirect, consequential, or incidental losses including lost revenue, lost profit, lost business, or reputational damage
- Failures or downtime caused by third-party services including Hostinger, WordPress, Google, or any plugin provider
- Any loss arising from the client modifying the site themselves after handover
- Delays caused by the client failing to supply content or feedback in a timely manner
- Any copyright infringement arising from materials supplied by the client
No guarantees on results
Toby Cates Web Design makes no guarantee of specific search engine rankings, organic traffic levels, lead volumes, or commercial outcomes resulting from any website or SEO work provided. Digital results depend on a wide range of factors outside the control of Toby Cates Web Design.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
In the event of a dispute, both parties agree to attempt to resolve the matter in good faith through direct communication before pursuing any formal legal action.
If any clause or provision of these terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.
Service provider signature
Toby Cates — Toby Cates Web Design
Client signature
[Client name] — [Business name]