Legal

Terms of Service

Last updated: June 2025

1. Acceptance of Terms

These Terms of Service ("Terms") govern the provision of web design and development services by Marktional Web (a trading name of Marktional), based in the United Kingdom ("we", "us", "our"), to clients ("you", "the client").

By engaging our services - whether by signing a project proposal, paying a deposit, or instructing us to commence work in writing - you agree to be bound by these Terms in full. If you do not agree to any part of these Terms, please do not proceed with a project engagement.

We reserve the right to update these Terms from time to time. The version in effect at the time a project is agreed will govern that engagement.

2. Services Provided

Marktional Web provides the following services:

  • Website design, including visual concept creation and design approval
  • Front-end and back-end web development
  • Website deployment and hosting setup
  • Domain configuration assistance
  • Post-launch support (as specified in the project agreement)

The specific scope, deliverables, and pricing for each project will be confirmed in a written project proposal or agreement prior to commencement. Only the services listed in that agreement are included. Any additional work requested outside the original scope will be treated as a new or amended engagement and may be subject to additional charges.

3. Project Process

All projects follow a four-stage process:

  • Discovery - we gather information about your business, goals, and target audience through a brief or consultation. You are responsible for providing accurate and complete information at this stage.
  • Design - we produce design concepts for your review. Work on the development stage will not commence until you have provided written approval of the agreed design.
  • Build - we develop the website in accordance with the approved design and project specification. You will be given the opportunity to review the build before launch.
  • Launch - following your final written sign-off, we deploy the website. Our post-launch support period (where included) begins at this point.

Timelines are estimates and may be affected by delays in receiving client approvals, content, or feedback. We will notify you promptly if a timeline is at risk.

4. Payment Terms

  • A non-refundable deposit of 50% of the total project fee is required before any work commences. The deposit secures your project slot and confirms your acceptance of these Terms.
  • The remaining balance is due on completion of the project, prior to the final website files or access credentials being transferred to you.
  • Payment must be made in full before the website is launched to a live domain or handed over to the client.
  • Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing.
  • We reserve the right to suspend work on a project if a payment becomes overdue by more than 14 days. Work will resume once payment is received.
  • We reserve the right to charge interest on overdue invoices at 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

5. Revisions Policy

Each service package includes a set number of revision rounds, as specified in your project proposal:

  • Landing Pages - 1 round of revisions included.
  • Business Websites - 2 rounds of revisions included.
  • Custom Web Apps - revisions are managed as part of an agreed feedback cycle specified in the project brief.

A revision round means one consolidated set of feedback submitted in writing via email. Multiple individual feedback messages do not constitute a single round. Additional revision rounds beyond those included may be requested and will be charged at our current hourly rate.

Revision requests that constitute a change to the agreed project scope - such as adding new pages, substantially changing the design direction, or introducing new functionality - will be treated as additional work and quoted separately.

6. Client Responsibilities

To enable us to complete your project on time and to a high standard, you agree to:

  • Provide all required content (text, images, logos, brand assets) by the agreed deadline. Delays in providing content may push back the project timeline and we accept no liability for this.
  • Provide timely feedback and approvals at each stage. If we do not receive a response within 14 days of sending a design or build for review, we may treat the stage as approved.
  • Ensure that any content you provide to us does not infringe the intellectual property rights of any third party, and that you have the right to use it.
  • Provide a single point of contact for the project to avoid conflicting instructions.
  • Ensure any third-party platforms, accounts, or credentials we require access to (e.g. domain registrar, hosting accounts) are made available at the appropriate stage.

7. Intellectual Property

  • Upon receipt of full payment for the project, ownership of all original website design and code created by us for your project transfers to you. You will own the final deliverables outright.
  • Until full payment is received, all work produced remains the intellectual property of Marktional Web.
  • We retain the right to display work completed for you in our portfolio, case studies, and marketing materials, unless you request otherwise in writing prior to project completion.
  • Any third-party assets used in your project (such as stock photography, icon libraries, or fonts) remain subject to their respective licences. We will advise you of any licences you need to obtain or maintain.
  • We retain ownership of any general methodologies, tools, frameworks, or techniques used or developed during the project that are not bespoke to your project.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of a project. This includes business plans, unreleased products, pricing strategies, and any information marked as confidential.

Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, or that the receiving party was already aware of prior to disclosure.

This obligation of confidentiality continues for a period of two years following the completion or termination of a project.

9. Limitation of Liability

To the fullest extent permitted by applicable law:

  • Our total liability to you in connection with any project shall not exceed the total fees paid by you for that project.
  • We shall not be liable for any indirect, consequential, incidental, or special loss or damage, including loss of profits, loss of business, loss of data, or loss of goodwill, however caused.
  • We are not responsible for the performance, availability, or security of third-party services, platforms, or software used in connection with your project (such as hosting providers, analytics tools, or payment gateways).
  • We do not warrant that your website will be free from errors or uninterrupted in its operation following handover, as post-launch conditions (including server configuration, third-party integrations, and client modifications) are outside our control.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

10. Termination

  • Either party may terminate a project engagement by giving 14 days' written notice to the other party.
  • In the event of termination by the client, the deposit paid is non-refundable. If work has commenced beyond the deposit stage, you will be invoiced for all work completed to the date of termination at a pro-rata rate based on the agreed project fee, less any deposit already paid.
  • In the event of termination by us (other than for client breach), we will refund any payments made beyond what is owed for work completed to the date of termination.
  • We reserve the right to terminate a project immediately and without notice if the client is in material breach of these Terms, including failure to make payment, or if the client requests that we produce content that is illegal, defamatory, or infringes third-party rights.
  • Upon termination, all work produced up to that point will be delivered to the client only upon receipt of all outstanding payments.

11. Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any disputes arising under or in connection with these Terms.

If you have any questions about these Terms, please contact us at hello@marktional.com.