Terms & Conditions

These terms, associated with any of our services via the website or by email, have the nature of a contract concluded between us and you.

1. What is in these terms

1.1 In the event that we have entered or concluded an additional contract in writing, these terms supplement the contractual provisions. In the event of any discrepancy, the individual provisions of the contract take precedence over the provisions of these terms.

2. Who we are

2.1 James Elsey (jameselsey.com and third-parties), referred to here by "We", "Us" or "Our".

2.2 We are a registered sole-trader who operates and based in the UK.

3. Usage of our website

3.1 By using our website and continuing to browse, you confirm that you accept these terms and that you agree to comply with them.

3.2 If you do not agree to these terms, you must not use our website. We recommend that you print a copy of these terms for future reference.

4. Other terms that apply

4.1 These terms refer to the following additional provisions, which also apply to your use of our website and services:

• Our Privacy Policy in line with GDPR regulations.
• Our Cookie Policy and technical use of our website.

5. Potential changes to these terms

5.1 We can amend these terms from time to time, so we recommend that you regularly review the terms and take note of any changes. Any amended terms shall apply to you upon any renewal of any service received or your maintenance plan(s). By continuing to use the services you accept any change made to the terms.

6. Suspension or withdrawal of our website

6.1 Our website is made available free of charge.

6.2 We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons.

6.3 You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and that they comply with them.

7. Transferring this agreement to someone else

7.1 We may transfer our rights and obligations under these terms to another organisation or individual. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.

8. Safety of account details

8.1 If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third-party.

8.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us at any time if you have failed to comply with any of these terms and conditions.

8.3 If you know or suspect that anyone other than you knows your user password, please report it to us immediately.

8.4 All customer account passwords to third-party services are stored in a password manager with end-to-end encryption. The password manager is only accessible by one person with two-factor authentication.

9. Usage of material on our website

9.1 We are the owner or the licensee of all intellectual property rights in our website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy and may download extracts of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

9.2 You must not in any way modify paper or digital copies of any materials you have printed off or downloaded from our website or communications. You must not use any illustrations, photographs, videos, or audio sequences separately from any accompanying text.

9.3 Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged. You must not use any part of the content on our website for commercial purposes without getting a licence to do so from us or our licensors.

9.4 If you print off, copy or download any part of our website, your right to use our website will cease immediately and you must return or destroy any copies of the materials you have made.

9.5 The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must get professional or specialist advice before taking, or refraining from, any action based on the content on our website.

9.6 Although we make reasonable efforts to update the information on our website, we make no representations, warranties, or guarantees, whether expressed or implied, that the content on our website is accurate, complete, or up to date.

10. Responsibility for viruses

10.1 We do not guarantee that our website will be secure or free from bugs or viruses.

10.2 You are responsible for configuring your information technology, computer programmes, and platform to access our website. You should use your own virus protection software.

10.3 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer, or database connected to our website.

10.4 You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with relevant authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

11. Rules about linking to our website

11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

11.2 You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

11.3 You must not establish a link to our website in any website that you do not own.

11.4 Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

11.5 We reserve the right to withdraw linking permission without notice.

11.6 If you wish to link to or make any use of content on our website other than that set out above, please seek permission beforehand.

12. Deliverables

12.1 With fixed quoted services, we will deliver the services and items detailed within the initial quote. These deliverables will be given a timeframe, which could change.

12.2 With maintenance plans, we offer Web Development, as described in more detail in our your personalised maintenance plan document.

12.3 With maintenance plans, we provide a tailored and agreed service level which is built to your specific needs and requirements.

13. Who can buy our services

13.1 We sell our services for both personal and business use. The recipients must comply with the local law for the country of delivery.

13.2 As we need to know who we are working with, you also agree not to misrepresent or omit any data for the creation and further use of your account. You agree to update such data to ensure it is current, complete, and accurate.

14. Choosing to have a maintenance plan

14.1 You can talk to us about different plan options; once we agree to a plan that suits your needs, you can contact us to proceed.

14.2 By accepting the maintenance plan quote, you explicitly authorise us to perform the ordered services.

14.3 We may, from time to time and at our own discretion, authorise a third-party (subcontractor) to help us with the supply of any services.

14.4 One maintenance plan will only serve one website (or domain name if you have staging and development sites).

15. Duration and cancellation of maintenance plans

15.1 Unless explicitly stated otherwise in a special offer or written contract between us, all maintenance plans shall commence upon the first invoice and shall continue, subject to remaining terms, until terminated by you or us.

15.2 If you cancel in the first 14 days, all services will be cancelled immediately and any work retained by us with no payment(s) required.

15.3 After 14 days, you have the option to cancel a maintenance plan at any time with a 30-day notice (excluding yearly, discounted deals). If you cancel a maintenance plan, it will remain active until the end of the current 30-day period from its initial setup date.

16. Payment terms

16.1 The cost of services or price of any maintenance plan will be indicated on the provided quote or maintenance plan document.

16.2 Prices and payments:

• All pricing and payments are in GBP(£) only.
• All pricing and payments are VAT exempt, therefore no VAT is added to any cost.
• All payments must be made within 30 days from the due date shown on the invoice.
• All payments should be made by direct bank transfer to the account shown on the invoice.
• We may terminate our cooperation with you with immediate effect by giving you written notice if you fail to pay any amount due under these terms on the payment due date.
• We will apply restrictions if any payments remain in default not less than 14 days after being notified in writing to make such payment.
• We reserve the right to suspend all services until payment has been made in full.
• There are no online payment gateways or automatic payment methods available at this time.

16.3 It is your responsibility to ensure that your payments are kept up to date for all recurring invoices and payments so that services are not disrupted.

16.4 Depending on the size and cost of the work, there might be an up-front payment required before work begins, this is usually 50% which will be deducted on your final invoice. The full balance is required no more than 30 days after your final invoice is received.

16.5 Pricing will be subject to change as part of an annual pricing review, often interpreted by external factors and will consider market pricing. Is pricing is increasing, we will notify you no less than 30 days in advance.

17. Our responsibilities

17.1 We as a provider undertake to:

• Perform the services professionally, with quality and with the care of a good expert and in accordance with applicable regulations, technical regulations, standards and norms provided for such work and taking into account all the specifics of the environment in which services are provided, taking into account good business practices; protecting reputation and the interests of you as the customer.
• Carry out obligations within the agreed deadlines specified in the correspondence between us.
• Comply with applicable data protection legislation.
• Inform you in writing form and in a timely manner about all circumstances that could affect or affect the proper and timely fulfilment of obligations.

17.2 You undertake to:

• At our request and if it deems that the working conditions allow it, participate in full disclosure and the testing of the work.
• Promptly provide us with all necessary information and materials for the smooth performance of services under these terms.
• Keep us informed of any changes that in any way affect the implementation of these terms.
• During the time of a project or maintenance plan, provide us with everything necessary for the successful solution of possible problems (remote access, availability, access to other tools, and online accounts).
• In the event of a misinterpretation of the product implementation, you undertake to warn us immediately and allow us a reasonable time to rectify the problem satisfactorily.
• You undertake to inspect the work performed as soon as possible after the normal course of events and to notify us immediately of any errors. If you find errors, you are obliged to inform us within 7 days.

18. Intellectual property rights

18.1 All intellectual property rights for completed work transfer to you upon final payment. Until payment is completed, we retain rights over all delivered materials. This includes designs, code, and digital assets. Sometimes, third-party software licensing is required, but this will be negotiated by you directly, with any payments being made directly to the software provider or licensee.

18.2 By purchasing our services, you explicitly allow us to refer to you or our cooperation in all publicity or advertising materials or use you as a reference customer, without disclosing any information of a confidential nature. You furthermore explicitly allow us to use your logo and any designs for all such publicity, advertising, or referencing purposes. If you do not wish for us to do so please make the request in writing via email.

19. Liability for performed services

19.1 Except as expressly and specifically provided in these terms:

• We shall not be liable for any indirect or direct losses from the use of any services, including; loss of business, loss of profits, loss of sales, loss of personal data or corruption of important data and information.
• We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with any service provided or any actions taken by us at your request.

20. Offers and discounted services

20.1 Discounted yearly pricing (as shown in the plan comparisons) only applies with a minimum term of 12 months.

20.2 Payments are split into 12 equal payments, which are invoiced and paid per month (not per year).