Legal Agreement

Terms & Conditions

Please read these terms carefully before using our services

Last updated: January 2026

1 Introduction

These Terms and Conditions ("Terms") govern the relationship between Cushty Websites ("we", "us", "our") and the client ("you", "your", "Client") for all website design, development, and hosting services provided.

By engaging our services, placing an order, or making a payment, you confirm that you have read, understood, and agree to be bound by these Terms in full.

We reserve the right to update these Terms at any time. Continued use of our services following any changes constitutes acceptance of the updated Terms.

2 Definitions

  • "Website" means the website designed and built by Cushty Websites for the Client.
  • "Platform" means the proprietary website building and hosting platform used to create and host all websites.
  • "Hosting Agreement" means the minimum 12-month hosting commitment required for all website packages.
  • "Setup Fee" means the one-time fee charged for website design and development.
  • "Monthly Hosting Fee" means the recurring monthly payment for website hosting, maintenance, and support.
  • "Contract Period" means the minimum 12-month period commencing from the date your website goes live.

3 Services

Cushty Websites provides the following services:

  • Custom website design and development
  • Mobile-responsive website builds
  • Website hosting and maintenance
  • SSL certificates and security
  • Content updates (as part of hosting package)
  • Basic SEO setup
  • Logo design (additional service)

Delivery: We aim to deliver websites within 24 hours on weekdays, subject to receipt of all required content and materials from the Client.

Revisions: We offer unlimited revisions during the initial design phase until the Client is satisfied. Once the website is live, minor content updates are included in your hosting package.

4 Technology & Hosting

Important: Please Read Carefully

All websites are built using our proprietary managed web development service. By engaging our services, you acknowledge and accept the following conditions regarding how your website operates and is hosted.

4.1 How Your Website is Built

Your website is designed and built using our proprietary web development system, which combines professional design expertise, custom development, and managed hosting infrastructure. This integrated approach provides you with a complete solution including reliable hosting, security, ongoing support, and performance optimization specifically tailored for your business.

Unlike DIY website builders or template-based platforms, we provide a fully managed service where we handle all technical aspects, allowing you to focus on your business while we ensure your website performs at its best.

4.2 Website Files & Export

Websites cannot be exported as HTML files or downloaded. Your website exists within our managed infrastructure and must remain hosted on our servers to function properly. This is a technical requirement of our development approach.

You cannot transfer your website to another hosting provider, WordPress, or any other platform. The website design, content, and functionality are integrated with our hosting infrastructure.

4.3 What This Means for You

  • You own the design, content, and intellectual property of your website
  • You own your domain name (registered in your name)
  • You can request any changes or updates to your website at any time
  • After 12 months, you can continue hosting month-to-month with no long-term commitment
  • You cannot download the website files
  • You cannot move the website to another hosting provider
  • You cannot convert it to WordPress or other platforms

4.4 Benefits of Our Approach

Our managed hosting solution allows us to offer professional, high-quality websites at significantly lower prices than traditional web development. It also provides faster delivery times, more reliable performance, and ongoing security updates without requiring technical knowledge from you.

4.5 Hosting Reliability & Uptime

We use enterprise-grade hosting infrastructure that maintains industry-standard uptime and reliability. Our infrastructure includes:

  • Enterprise-level hosting with redundant systems
  • 24/7 security monitoring and updates
  • Daily automated backups
  • SSL certificates and DDoS protection
  • Professional technical support

However, as with any web hosting service, we cannot guarantee 100% uptime. Occasional maintenance windows or technical issues may occur. Cushty Websites is not liable for any downtime, data loss, or issues arising from infrastructure providers or circumstances beyond our control. See Section 10 (Limitation of Liability) for more details.

4.6 If You Cancel After 12 Months

If you choose to cancel your hosting after the 12-month Contract Period, we can provide you with all your website content (text, images, videos) and design specifications in standard formats. However, you would need to have a new website built from scratch on a different platform if you wish to continue with an online presence elsewhere.

5 Hosting Agreement

12-Month Minimum Commitment

All website packages require a minimum 12-month hosting commitment. This commitment begins when your website goes live.

5.1 Contract Period

By purchasing a website from Cushty Websites, you agree to a minimum hosting period of 12 consecutive months ("Contract Period"). This period begins on the date your website is published and goes live.

5.2 Monthly Hosting Fees

Monthly hosting fees vary by package:

  • Starter Package: £40/month
  • Professional Package: £50/month
  • Ultra Package: £60/month

5.3 What's Included in Hosting

  • Secure website hosting
  • Free SSL certificate (HTTPS)
  • Daily backups
  • Security monitoring and updates
  • Technical support
  • Minor content updates
  • Uptime monitoring

5.4 After 12 Months

After completing the 12-month Contract Period:

  • You own your website (subject to platform limitations in Section 4)
  • Hosting continues on a rolling month-to-month basis
  • You may cancel with 30 days written notice
  • Monthly fees remain the same unless otherwise notified

5.5 Early Cancellation

There is no early cancellation of the hosting agreement. If you wish to cancel before completing the 12-month Contract Period, you remain liable for all remaining monthly fees until the end of the Contract Period. See Section 6 (Payment Terms) for more details.

6 Payment Terms

Important Payment Information

Failure to pay does not cancel your contract. You remain liable for all fees until the end of your Contract Period regardless of whether your website is active.

6.1 Setup Fee Payment

For website design and development:

  • 50% deposit required before work commences
  • Remaining 50% due upon completion, before website goes live
  • Website will not be published until full payment is received

6.2 Monthly Hosting Payment

Monthly hosting fees are due in advance on the same date each month. We accept payment by:

  • Direct Debit (preferred)
  • Standing Order
  • Bank Transfer
  • Debit/Credit Card

6.3 Late Payment

If a monthly payment is not received by the due date:

  • 7 days overdue: Payment reminder sent
  • 14 days overdue: Final notice sent
  • 21 days overdue: Website suspended (taken offline)

6.4 Website Suspension

If your website is suspended due to non-payment:

  • Your website will be taken offline and will not be accessible
  • Your domain may display a suspension notice
  • You remain liable for all monthly fees until the end of your Contract Period
  • Suspension does not cancel, pause, or reduce your payment obligations
  • Your website will be restored within 24 hours of payment being received

6.5 Outstanding Balances

You are contractually obligated to pay for the full 12-month Contract Period regardless of:

  • Whether your website is live or suspended
  • Whether you are using the website
  • Whether you have requested cancellation
  • Whether your business circumstances have changed

Outstanding balances may be referred to a debt collection agency and may affect your credit rating. We reserve the right to charge interest on overdue amounts at 8% above the Bank of England base rate.

6.6 Price Changes

Monthly hosting fees are fixed for your initial 12-month Contract Period. After this period, we may adjust prices with 30 days written notice. You may cancel at this point if you do not accept the new pricing.

7 Ownership & Intellectual Property

7.1 What You Own

Upon completion of the 12-month Contract Period and payment of all fees, you own:

  • The design and visual appearance of your website
  • All written content and copy
  • Any images you provided or purchased
  • Your domain name (if registered in your name)
  • Any custom logos we designed for you

7.2 What You Do Not Own

  • The underlying code or technical infrastructure
  • The hosting platform or its technology
  • Stock images (licensed for use on your website only)
  • Any third-party plugins, tools, or integrations

7.3 During the Contract Period

During the initial 12-month Contract Period, full ownership of the website design remains with Cushty Websites until all payments have been made. You have a license to use the website for your business purposes.

7.4 Portfolio Rights

Cushty Websites reserves the right to display your website in our portfolio and marketing materials unless you specifically request otherwise in writing.

7.5 Video Production Rights

If you purchase our professional video production service, you own the video completely. This includes:

  • Full ownership - the video is yours outright
  • Unlimited commercial use for your business forever
  • No restrictions - use on your website, social media, advertising, YouTube, TV, print, anywhere
  • Edit freely - you can modify or repurpose the video however you like
  • No ongoing fees - no royalties, licenses, or subscription costs
  • Keep forever - the video files are yours to download and store

The video is a permanent asset for your business. Unlike stock videos that require licenses, your custom video has no usage limitations or expiration dates.

8 Video Production

The following terms apply to our professional video production service.

8.1 Video Ownership

Upon full payment for video production services:

  • You own the video outright - full ownership transfers to you
  • You have unlimited usage rights for any purpose
  • You can use the video on your website, social media, advertising, or any other platform
  • You can edit, modify, or repurpose the video as you wish
  • There are no ongoing fees or royalties

8.2 Video Deliverables

You will receive:

  • The final video file in high-quality format (MP4)
  • A download link to access your video
  • The video embedded on your website (if applicable)

8.3 Video Revisions

Our video production package includes revisions to ensure you're happy with the final product. Major changes to the script or concept after production has begun may incur additional charges.

8.4 Third-Party Content

If your video includes licensed music, stock footage, or other third-party content, usage may be subject to the terms of those licenses. We will inform you if any restrictions apply.

8.5 Portfolio Rights

Cushty Websites reserves the right to showcase your video in our portfolio and marketing materials unless you specifically request otherwise in writing.

9 Client Responsibilities

As a client, you agree to:

  • Provide accurate and complete information for your website
  • Supply all required content, images, and materials in a timely manner
  • Respond to communications and approval requests promptly
  • Ensure all content you provide is legal and does not infringe any third-party rights
  • Keep your contact and payment details up to date
  • Not use the website for any illegal, fraudulent, or harmful purposes
  • Not attempt to access, modify, or download the website code or files
  • Pay all fees on time as per this agreement

9.1 Content Accuracy

You are responsible for the accuracy of all content on your website. Cushty Websites is not liable for any errors in content provided by you.

9.2 Prohibited Content

Your website must not contain:

  • Illegal or unlawful content
  • Defamatory, offensive, or discriminatory material
  • Content that infringes copyright, trademarks, or other IP rights
  • Malware, viruses, or malicious code
  • Adult content (unless specifically agreed)
  • Content promoting illegal activities

10 Cancellation & Termination

10.1 Cancellation Before Website Goes Live

If you wish to cancel before your website goes live:

  • If no work has commenced: Full refund of deposit
  • If work has commenced: Deposit is non-refundable as payment for work completed

10.2 Cancellation During Contract Period (First 12 Months)

You cannot cancel the hosting agreement during the initial 12-month Contract Period. If you stop paying or request cancellation:

  • Your website may be suspended
  • You remain liable for all monthly fees until the end of the Contract Period
  • Outstanding fees will be pursued as a debt

10.3 Cancellation After Contract Period

After completing the 12-month Contract Period, you may cancel your hosting with 30 days written notice. Upon cancellation:

  • Your website will be taken offline
  • We can provide your content (text, images) upon request
  • The website cannot be transferred to another platform
  • Your domain can be transferred to your control

10.4 Termination by Cushty Websites

We may terminate your agreement immediately if:

  • You breach these Terms
  • You use the website for illegal purposes
  • You fail to pay fees for more than 60 days
  • Your content violates our acceptable use policy

Termination by us does not relieve you of outstanding payment obligations.

11 Limitation of Liability

11.1 Service Provision

While we strive to provide reliable services, we do not guarantee:

  • 100% uptime or uninterrupted service
  • That the website will meet all your business objectives
  • Specific search engine rankings or business results
  • Protection against all security threats

11.2 Liability Cap

Our total liability to you for any claims arising from our services shall not exceed the total amount you have paid to us in the 12 months preceding the claim.

10.3 Exclusions

We are not liable for:

  • Loss of business, revenue, profits, or anticipated savings
  • Loss of data (we maintain backups but cannot guarantee data recovery)
  • Indirect or consequential losses
  • Third-party platform outages, downtime, or technical issues beyond our control
  • Third-party platform security breaches or data incidents
  • Permanent loss of website if the hosting platform ceases operations
  • Losses resulting from your breach of these Terms
  • Losses caused by content you provide

11.4 Force Majeure

Neither party shall be liable for delays or failures caused by circumstances beyond reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or third-party service failures.

12 General Terms

12.1 Governing Law

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the English courts.

12.2 Entire Agreement

These Terms constitute the entire agreement between you and Cushty Websites. Any prior discussions, representations, or agreements are superseded by these Terms.

12.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

12.5 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights to a successor or affiliate.

12.6 Notices

All notices should be sent to the contact details provided in Section 13. We will send notices to the email address you provided when ordering our services.

13 Contact Us

If you have any questions about these Terms and Conditions, please contact us:

By Using Our Services

You confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, please do not use our services.