1. About these terms
These terms apply to web design, web development, hosting and related services provided by Tom Dunham, a sole trader trading as Good Fruit Creative.
“Good Fruit Creative”, “I”, “me” and “my” refer to Tom Dunham. “Client”, “you” and “your” refer to the person or business purchasing the services.
By accepting a proposal, paying a deposit or instructing me to begin work, you agree to these terms together with the details in your project proposal.
2. Project proposals
Before work begins, I will provide a written proposal or project summary describing the agreed services, price, anticipated timescale and anything specifically excluded from the project.
If a proposal conflicts with these general terms, the details in the proposal will apply to that project.
Estimates and proposed timescales depend on the information available at the time and may change if the scope or requirements change.
3. Payment
Unless agreed otherwise in writing, a 50% deposit is required before work begins. The remaining 50% is due when the website is ready for launch.
The website will not be launched, transferred or released for use until all outstanding project invoices have been paid.
Invoices must be paid by the due date shown on the invoice. If an invoice becomes overdue, I may pause work, withhold delivery or suspend services until payment is received.
4. Deposits and cancellations
Deposits reserve time in my schedule and become non-refundable once work has started.
Either party may end a project by giving written notice. If you cancel after work has started, you must pay for all work completed and any non-refundable costs incurred up to the cancellation date. If this exceeds the deposit already paid, I will issue a final invoice for the difference.
I may end or pause a project if payment is overdue, communication has stopped for a prolonged period, required materials are not supplied, or continuing the project would be unlawful or unreasonable.
5. Changes and revisions
The standard packages include:
- One revision round for a Launch Page
- Two revision rounds for a Business Website
- The number of revisions stated in the proposal for bespoke work
A revision round means one consolidated set of reasonable amendments to the work already presented. Unused revision rounds have no monetary value.
New pages, changed requirements, new functionality or substantial changes to an agreed direction may be treated as additional work. I will explain any additional cost and obtain your approval before carrying it out.
6. Your responsibilities
You agree to:
- Provide accurate information, content, images and feedback when reasonably required
- Confirm that you have permission to use all content and materials you supply
- Review work carefully and provide feedback within agreed timescales
- Check and approve spelling, claims, prices, legal wording and other factual information before launch
- Keep login details and account credentials secure
- Comply with laws and regulations applying to your business and website
Delays in supplying content, decisions or feedback may move the delivery date and affect my availability.
7. Content and legal compliance
Unless specifically included in the proposal, you are responsible for providing the final website content.
I may help organise, edit or improve content, but you remain responsible for its accuracy and legality. You are also responsible for obtaining professional advice about privacy, accessibility, consumer law, industry regulations, cookies and any other legal requirements applying to your business.
8. Search engines and results
Where included, I will apply sensible technical and on-page search engine optimisation practices and help make the website available for indexing.
Search engines and third-party platforms are outside my control. I cannot guarantee rankings, traffic levels, enquiries, sales or other commercial results.
9. Ownership and intellectual property
You retain ownership of the original content, branding and materials you provide.
Once the project has been paid for in full, you may use the final website and its bespoke visual design for your business. Until full payment is received, all work created by Good Fruit Creative remains my property.
Third-party software, fonts, images, plugins and services remain subject to their own licences and terms. Ownership of those items does not transfer to you.
Unless agreed otherwise in writing, I retain ownership of my reusable code, development methods, internal tools, templates and general techniques. You receive the right to use those elements as part of the completed website.
10. Portfolio use
Unless you ask me not to in writing before launch, I may display the completed project in my portfolio, social media and marketing materials and may include a discreet Good Fruit Creative credit on the website.
Confidential or commercially sensitive information will not be shared without permission.
11. Hosting
Where managed hosting is included, it is charged at £5 per month unless a different price or introductory offer is confirmed in writing.
Hosting charges cover the hosting arrangement and reasonable management of the website deployment. Domain registration, paid software, premium services, email hosting and substantial website updates are not included unless stated in the proposal.
Hosting fees are payable monthly in advance. Either party may end the hosting service by giving 30 days' written notice. Fees already paid for the current billing period are non-refundable.
If hosting payments become overdue, I may suspend the website after giving reasonable notice. I will provide reasonable assistance if you decide to move the website elsewhere, although migration work may be chargeable.
I use third-party hosting infrastructure and cannot promise uninterrupted availability. I will take reasonable steps to investigate and resolve issues within my control.
12. Third-party services
Websites may depend on third-party services such as Vercel, Supabase, Google, payment providers, booking systems or external APIs.
Those services operate under their own terms and may change, suspend or discontinue their products. I am not responsible for failures or changes outside my reasonable control, but I can provide a separate quotation if changes are needed as a result.
13. Testing and approval
I will test the website on current versions of commonly used browsers and at appropriate screen sizes. Identical presentation across every browser, device or operating system cannot be guaranteed.
You will have an opportunity to review the website before launch. Your written approval, instruction to launch or use of the website will be treated as acceptance of the completed work.
If you report a fault caused by my work within 30 days of launch, I will investigate and correct it without an additional charge. This does not cover new requirements, content changes, third-party failures or changes made by somebody else.
14. Liability
I will provide the services with reasonable care and skill. However, I do not guarantee that a website will be completely error-free, uninterrupted or suitable for a purpose that was not disclosed and agreed before work began.
To the extent permitted by law, I will not be responsible for indirect or consequential losses, loss of profit, loss of business, loss of data or damage caused by third-party services, client-supplied materials, unauthorised access or changes made by someone other than Good Fruit Creative.
Nothing in these terms excludes liability that cannot lawfully be excluded. Subject to that restriction, my total liability relating to a project will not exceed the total amount you paid to Good Fruit Creative for the service giving rise to the claim.
15. Confidentiality
Both parties agree to take reasonable care of confidential information received during the project and not disclose it unnecessarily to other people.
This does not prevent disclosure required by law or sharing information with professional advisers and service providers who need it to support the project.
16. Events outside our control
Neither party will be responsible for delays caused by events outside their reasonable control. The affected party should communicate the issue promptly and take reasonable steps to minimise disruption.
17. Changes to these terms
I may update these terms occasionally. The version accepted when your project begins will continue to apply to that project unless we agree otherwise in writing.
18. Governing law
These terms are governed by the laws of England and Wales. The courts of England and Wales will have jurisdiction over disputes, subject to any rights that cannot legally be restricted.
19. Contact
Questions about these terms can be sent to:
Tom Dunham trading as Good Fruit Creative
Worthing, West Sussex
United Kingdom
hello@goodfruitcreative.co.uk