Terms of Service & Project Agreement
This Agreement is between you (“you”, “your”) and DuelCloud Productions trading as HiJack Web Design (“I”, “me”, “my”). By purchasing any plan or service, you agree to these terms.
1) Services & Scope
Plans offered:
- Local SEO + AI (rolling monthly)
- New Website + SEO (12-month minimum)
- Redevelopment + SEO (12-month minimum)
Typical inclusions and examples are shown on the website at the time of purchase.
Not included by default: paid media budgets, paid sponsorship/advertorial inventory, premium stock assets, paid directory fees, third-party subscriptions, bespoke integrations, new sections/pages or major feature builds beyond scope. These can be quoted separately.
Change control. Work outside the agreed scope will be quoted and agreed in writing before it begins.
2) Your Responsibilities
- Access & information: provide timely content, approvals, and necessary logins.
- Feedback windows: consolidated feedback within 5 business days unless otherwise agreed.
- Legality & accuracy: you are responsible for accuracy and legal compliance of materials you supply.
3) Fees & Payment
- Billing method: monthly via Stripe (cards, bank debits where available, supported wallets). Invoices renew on the same day each month.
- Minimum terms: Local SEO + AI is rolling monthly; New Website + SEO and Redevelopment + SEO carry a 12-month minimum because the build/rebuild is delivered up-front and amortised.
- Price ranges: published prices may be shown as ranges reflecting industry, location, and competitiveness; your specific rate is confirmed in the proposal.
- Price adjustments: I may adjust monthly fees with 60 days’ written notice. You may cancel per §6 if you do not wish to continue at the new rate.
- Failed/late payment: if a payment fails, I’ll notify you; services may pause after 7 days. Persistent non-payment may result in suspension/termination per §6.4.
- No setup fees unless explicitly stated in a written order.
4) Process, Timelines & Revisions
Indicative timelines are provided in your proposal and depend on prompt feedback and asset supply. Each milestone includes at least one consolidated round of revisions unless stated otherwise. Additional rounds or material changes may be quoted.
5) Ownership, Licences & Deliverables
- Website & Redevelopment (12-month minimum):
- During the minimum term: I retain ownership of the website build, templates, and licensed components; you receive a licence to use them while your account is in good standing.
- After completing 12 months in full: ownership of the website files and content transfers to you. I’ll support a smooth transition if you later move away (see §6).
- Local SEO + AI (rolling): you own your original content and data you supply. Process docs, internal frameworks and proprietary methods remain mine; deliverables using them are licensed for your business use.
- Third-party licences: some plugins, fonts or libraries are licensed via my developer accounts. If you leave, you may need to purchase your own licences to continue updates/support.
- Portfolio credit: I may display a discreet footer credit and showcase non-confidential work unless you ask me not to in writing.
6) Cancellation, Termination & Pauses
- Cooling-off waiver: this is bespoke work that starts quickly; to the fullest extent permitted by law, you waive any statutory cooling-off period.
- Local SEO + AI (rolling): cancel any time with 30 days’ written notice. Service continues through your current billing period; future renewals stop.
- Website/Redevelopment (12-month minimum): early termination before 12 months incurs an Early Termination Fee equal to the remaining months of the 12-month term, due immediately.
- Non-payment/breach: I may suspend or terminate services after written notice. For non-payment, I may disable hosting and remove files from my servers. You remain liable for sums due, including any Early Termination Fee.
- Handover on exit: if you leave after completing the minimum term (or after paying any Early Termination Fee in full), I’ll provide reasonable handover of site files/database. Migration execution and third-party re-licensing are outside scope and can be quoted.
7) Hosting, Maintenance & Support
- Included: managed hosting, updates, backups, security hardening, performance monitoring, and reasonable minor content tweaks as documented on plan pages.
- Fair use: “minor tweaks” = small edits within reasonable monthly limits. New pages/sections, custom functionality, migrations, or large content batches are quoted.
- Uptime & SLAs: I use reputable providers but do not guarantee uninterrupted service; I will act promptly on incidents and restoration.
8) Promotional Offers (incl. Black Friday / Cyber Monday)
- General: from time to time I may offer promotions (including Black Friday / Cyber Monday). Unless expressly stated otherwise:
- Offers are time-limited and quantity-limited and may be withdrawn at my discretion.
- Offers do not combine with any other discount, credit, or promotion.
- Reductions apply only to the period stated (e.g., first month) and standard rates apply thereafter.
- Monetary amounts are published on pricing/deals pages; this Agreement intentionally does not fix amounts.
- Eligibility: I may verify eligibility and decline or revoke an offer if terms are misapplied or abused.
9) Right of Refusal & Project Fit
I reserve the right not to take on a client (or to discontinue a proposal) if, in my professional judgment, your business model and/or location and/or market competitiveness is not a suitable fit for HiJack’s services or expected outcomes.
10) Confidentiality & Data Protection
- Confidentiality: I’ll keep non-public information you share confidential and use it only to deliver services.
- Data protection: each party will comply with applicable data protection laws. You are the controller for your customer data; I act as a processor only where applicable.
11) Acceptable Use & Legal Compliance
You are responsible for ensuring your website and content comply with applicable laws/regulations (consumer law, accessibility, advertising standards, sector rules). I do not provide legal advice.
12) Warranties & Disclaimers
I provide services with reasonable care and skill. SEO and visibility depend on factors outside my control (algorithms, competitors, seasonality, reviews, market). No specific ranking or revenue outcomes are guaranteed. I am not liable for outages or actions of third-party providers (hosts, CDNs, payment gateways, directories, ad platforms).
13) Limitation of Liability
To the fullest extent permitted by law, I will not be liable for indirect or consequential losses (including lost profits, opportunities, or data). My total aggregate liability under this Agreement is limited to the fees you have paid in the 3 months preceding the event giving rise to the claim.
14) Notices
Notices should be sent by email to the addresses specified in the proposal or most recent correspondence and are deemed received on the next business day.
15) Governing Law & Disputes
This Agreement is governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
16) Severability
If any provision is held invalid or unenforceable, the remainder remains in force. The invalid provision will be modified to the minimum extent necessary to be enforceable while preserving its intent.
17) Entire Agreement & Changes
This Agreement, together with any referenced proposal/statement of work, is the entire agreement between us and supersedes prior discussions. Any changes must be agreed in writing.
Company Details
HiJack Web Design (DuelCloud Productions)Orwell Gardens, Stanley, County Durham, DH9 6QA, United Kingdom
Tel: +44 7878 359147 • Email: [email protected]
Opening hours: Mon–Sat 08:00–22:00, Sunday closed.
