HiJack Web Design – Terms of Service & Project Agreement

This Agreement (“Agreement”) is made between you, the client (“you”, “your”) and DuelCloud Productions trading as HiJack Web Design (“I”, “my”, “me”). By purchasing a package from me, you agree to be bound by these terms.

1. The Service

I will provide the web design and development services as detailed in your chosen package (“the Project”). The specific features and deliverables are outlined on my pricing page at the time of purchase.

2. Your Responsibilities

For the Project to be successful, I rely on you to provide all necessary content (text, images), brand assets, and timely feedback. Project delays caused by a lack of communication or late delivery of content from you may result in the project timeline being extended.

3. Fees & Payment

  • 3.1 Outright Purchase: Payment is structured as 50% upfront to begin the Project, and 50% upon completion, prior to the website launch. The initial 50% deposit is non-refundable once work has commenced.
  • 3.2 Monthly & Annual Plans: These plans are subject to a minimum term of 24 months. Your first payment is due to begin the Project. The plan will renew automatically on the same day each month or year.

4. Project Process & Revisions

The Project includes a set number of design revision rounds as specified in your package. A “round of revisions” consists of you providing a single, consolidated list of feedback. Additional revision rounds beyond what is included in your package will be billed at my standard hourly rate, which I will confirm with you before proceeding.

5. Cancellation, Termination, and Refunds

  • 5.1 No Cooling-Off Period: You acknowledge that this is a bespoke service tailored to your specifications and that work (including research, planning, and design) begins soon after your first payment. To the fullest extent permitted by law, you agree to waive any statutory cooling-off period.
  • 5.2 Cancellation of Outright Purchase: If you choose to cancel the Project after work has begun, your 50% deposit will not be refunded to cover time and resources already expended. If cancellation occurs after a design concept has been approved or the Project is past the halfway point, you will be liable for the full project cost.
  • 5.3 Early Termination of Monthly/Annual Plans: If you cancel your Monthly or Annual plan before the 24-month minimum term is complete, you are required to pay an Early Termination Fee. This fee will be equal to the total remaining payments required to complete the 24-month term. This is because the full design and development work is provided upfront.
  • 5.4 Failure to Pay Early Termination Fee: If you fail to pay the Early Termination Fee, I reserve the right to immediately take down and permanently delete the website and all its content. You will not own the website or its content (as per Clause 6.2), and you will still be liable for the outstanding amount. I reserve the right to pursue legal action to recover the debt, and you agree to be liable for any costs incurred in this process.

6. Ownership of the Website

  • 6.1 Outright Purchase: You will be the full owner of the website and its design upon receipt of the final 50% payment.
  • 6.2 Monthly & Annual Plans: For these plans, I retain full ownership of the website, its design, and all content. Upon your successful completion and full payment of the 24-month minimum term, I will transfer full ownership to you.

7. Ongoing Upkeep (Hosting & Maintenance)

  • 7.1 Service: The ongoing upkeep plan includes the services as detailed in your package.
  • 7.2 Price Adjustments: I reserve the right to adjust the price of the ongoing Upkeep plan in the future to reflect changes in my own costs. I will provide you with at least 60 days’ written notice of any price changes.
  • 7.3 Cancellation of Upkeep: If you choose to cancel your Upkeep plan (after any minimum term is complete), you are solely responsible for migrating your website to a new hosting provider. I will provide reasonable assistance by giving you a backup of your site’s files and install a migration plugin for you if requested. If you do not arrange for new hosting and migration before your cancellation date, the website will be permanently deleted from my servers. You will also be responsible for obtaining licensing for any content including, but not limited to, stock photography, videos, premium plugins.

8. Limitation of Liability

To the fullest extent permitted by law, I will not be liable to you for any indirect, consequential, or special damages, including any lost profits or lost data, arising from your use of my services. My total liability for any and all claims arising out of this Agreement will not exceed the total amount you have paid to me under this Agreement.

9. General

  • 9.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
  • 9.2 Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. I shall have the right to amend the invalid provision to the extent necessary to make it valid and enforceable while preserving its original intent as closely as possible.
  • 9.3 Entire Agreement: This document constitutes the entire agreement between us and supersedes all prior communications. Any changes must be agreed upon by both parties in writing.