TERMS OF BUSINESS
1. Definitions
1.1. In these Terms, the following definitions apply:
“Agency” means White Room.
“Client” means the person, firm, or corporate body receiving services from the Agency.
“Hourly Rate” means the fee White Room charges per hour.
“Third Party Company” refers to any external entity not employed by White Room.
“Beta” means a feature-complete project ready for Client testing but not yet for public release.
2. The Contract
2.1. These Terms constitute the entire agreement between the Agency and the Client and are deemed accepted by the Client upon use of the Agency’s services.
2.2. These Terms override any alternative terms proposed by the Client unless explicitly agreed in writing by a senior manager of the Agency.
2.3. If the Client is a consumer, they have the right to cancel within 14 days of signing this contract unless work has already commenced with their consent.
3. Projects
3.1. Only the work detailed in a paid invoice will be carried out. Any requested additions or changes must be agreed in writing and invoiced separately.
3.2. Unless specified in the invoice, projects do not include text, copywriting, proofreading, images, image manipulation, video, video manipulation, product uploads, repetitive pages, delivery, travel, expenses, support, training, or marketing.
3.3. If no script is specified in the invoice, the Agency will use one of the following Third Party scripts: WordPress or WooCommerce. Only default script features are included; additional features or upgrades will be charged at the Agency’s Hourly Rate.
3.4. The Agency does not liaise with Third Party Companies on behalf of the Client.
3.5. Meetings are included only for projects exceeding £3000, covering one design brief and one final sign-off meeting. Additional meetings are chargeable at the Hourly Rate.
3.6. After the design phase, the Client will receive the project in Beta mode, allowing for two sets of CSS or HTML change requests. These changes may include browser compatibility adjustments for the latest versions of Internet Explorer, Firefox, Safari, and Google Chrome on PCs, laptops, tablets, and mobiles. Compatibility adjustments for outdated or unsupported browsers will be charged at the Agency’s Hourly Rate. Additional changes or non-CSS/HTML requests will also be charged at the Hourly Rate.
4. Intellectual Property Rights
4.1. The Agency retains the right to use work, or parts of it, for promotional purposes, including portfolio, marketing, and case studies.
5. Programming Warranty
5.1. The Agency provides a 3-month warranty on new websites hosted on the Agency’s servers, covering issues within the original project scope but excluding third-party scripts, software, or modifications made by the Client or third parties. The warranty period begins from the date the Agency delivers the website to the Client, either when login details are provided to the Client or when the website is made live, whichever comes first.
6. Support and Training
6.1. The Agency provides 1 month of free support via its ticketing system or via email at [email protected] for Clients with active hosting on the Agency’s servers. This support begins from the date the Agency delivers the website to the Client, either when login details are provided to the Client or when the website is made live, whichever comes first. Ongoing support is chargeable at the Hourly Rate.
6.2. Training sessions are limited to 5 participants per session.
6.3. Cancellations within 48 hours receive a 50% refund; cancellations within 24 hours are non-refundable. Sessions can be rescheduled with at least 48 hours’ notice.
7. Payments
7.1. Prices are guaranteed for 28 days from the issue date.
7.2. All payments are non-refundable, except where required by law or where the Agency fails to deliver the agreed services.
7.3. Minimum chargeable time is one hour, except for the 30-minute Developer Ticket service.
7.4. Final project payment is due after the Client’s second round of Beta revisions or 28 days from the first Beta delivery email, whichever is sooner. The Client has 14 days from the date of receiving the first Beta email to submit their changes to the Agency. Additionally, the Client has 14 days from the date the Agency completes the first set of Beta changes to submit their second round of revisions. If either 14-day period elapses without the Client submitting their changes, any outstanding balance will be due for payment.
7.5. The Client’s project cannot go live until full payment is received.
7.6. If the Client is unresponsive for 30 days or more, the project will be closed, and any outstanding balance will be due.
7.7. The Agency’s fees are payable via all major debit cards, credit cards, direct debit, or bank transfer. For invoices over £500, a non-refundable initial payment of 50% must be paid before work begins, with the remaining 50% due upon completion. Invoices under £500 must be paid in full before work commences. All invoices are due for payment within 14 days. Late payments will incur an 8% late fee. Any invoice outstanding beyond this period will be referred to Daniels Silverman Limited and will be subject to a surcharge of 15% plus VAT to cover the collection costs incurred. This surcharge, together with all other charges and legal fees incurred, will be the responsibility of the customer and will be legally enforceable.
8. Termination Provision
8.1. If the Client terminates a project, all fees incurred remain payable. If the Client is unresponsive for 30 days, the project will be automatically terminated.
9. Hosting and Domains
9.1. Free domains and hosting begin from the first invoice date and are chargeable thereafter.
9.2. Hosting accounts with a backup service include one free restoration per month; additional restorations are chargeable at the Hourly Rate.
9.3. Hosting accounts and subscriptions can only be canceled by email to [email protected], provided there is no active subscription period or outstanding balance.
9.4. When a hosting account is canceled, all website data will be permanently deleted. The Agency does not retain backups, and it is the Client’s responsibility to ensure their website data is backed up prior to cancellation.
9.5. The Agency provides hosting and domain services through Third Party Companies. If the Client causes the Agency to breach a third-party agreement, the Agency reserves the right to discontinue service.
9.6. Client hosting accounts in arrears will be suspended and, after 50 days, may be deleted from the Agency’s servers without notice.
10. Service Contracts
10.1. Unused service contract hours do not roll over to the following month.
10.2. Service contracts require a minimum 3-month subscription from the first payment date.
10.3. Service contracts can only be canceled by submitting an Account Cancellation Request via email to [email protected] with no active subscription period or outstanding balance. Cancellation requests must be received 30 days prior to the next billing cycle.
11. Liability
11.1. The Agency is not liable for any loss, delay, costs, or damages arising from its services, except for liability which cannot be excluded under law (e.g., death or personal injury caused by negligence).
12. Force Majeure
12.1. The Agency is not liable for delays or failures caused by factors beyond its control, including but not limited to natural disasters, cyber-attacks, power failures, or government restrictions.
13. Severability
13.1. If any provision of these Terms is deemed unenforceable, the remaining provisions remain in full effect.
14. Changes to Terms
14.1. The Agency reserves the right to amend these Terms at any time. Clients must periodically review the Terms. Continued use of services implies acceptance of the latest Terms.
15. Governing Law and Dispute Resolution
15.1. These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
16. Questions or Suggestions
16.1. For any queries regarding these Terms, please contact [email protected].
