Terms & Conditions of business
1. About These Terms
These terms and conditions apply to all services supplied by Tinpeas, including web design, website development, graphic design, branding, search engine optimisation, website hosting, domain management, website maintenance, technical support, WordPress training, print management and associated creative or digital services.
In these terms, “Tinpeas”, “we”, “us” and “our” refer to Tinpeas. “The Client”, “you” and “your” refer to the individual, business or organisation purchasing services from Tinpeas. “The Project” refers to the work, services or deliverables described in our quotation, proposal, estimate, email or other written agreement.
By accepting a quotation, paying a deposit, instructing us to begin work or continuing to use our services, the Client agrees to these terms and conditions. Where a quotation or written project agreement contains terms that differ from these general conditions, the terms in that quotation or project agreement will take priority.
2. Fees and VAT
All prices, quotations, estimates, fees and charges issued by Tinpeas are exclusive of VAT unless expressly stated otherwise. VAT will be added to all services, labour, project fees, hourly charges, hosting, support, maintenance, reactivation fees and other chargeable work at the prevailing rate.
Any third-party costs, licences, subscriptions, printing charges, stock materials, postage or other expenses will also be subject to VAT where applicable.
3. Quotations and Project Scope
All quotations are based on the information and requirements supplied by the Client at the time they are prepared. Unless otherwise stated, quotations are valid for 30 days from the date of issue. Tinpeas reserves the right to withdraw or amend a quotation after this period.
The quotation will describe the work included within the agreed price. Any work requested outside that scope may be treated as additional work and charged separately at our standard hourly rate.
The Client is responsible for checking that the quotation accurately reflects their requirements before approving it. Any changes to the agreed specification, functionality, content, structure or design may affect the cost and completion schedule. We will notify the Client where additional charges are likely to apply.
4. Payment Terms for Website Projects
Unless otherwise agreed in writing, website projects will be invoiced in three stages, with VAT added to each invoice at the prevailing rate:
- 30% of the agreed project cost is payable before work begins.
- A further 30% is payable before the completed website is made live or transferred to its final hosting environment.
- The remaining 40% is payable no later than 14 days after the website is made live.
The initial payment secures the Project within our schedule and allows work to begin. Tinpeas is not required to commence work until this payment has cleared. The second-stage payment must be received before the website is launched, and we reserve the right to postpone launch until it has been paid in full.
The final payment is not dependent on the Client beginning to use the website, completing their own content, promoting the website or receiving any particular level of traffic, enquiries or sales. Where a Project is delayed for more than 30 days because the Client has not supplied content, feedback, approval, access details or other required information, Tinpeas may invoice for work completed up to that point.
5. Other Invoices and Payment
Unless different payment terms are shown on the invoice or agreed in writing, all other invoices are payable within 14 days of the invoice date. Invoices must be paid in pounds sterling using one of the payment methods shown on the invoice.
The Client must notify Tinpeas promptly if they believe an invoice is incorrect or disputed. Raising a query does not entitle the Client to withhold payment for any undisputed part of the invoice. Tinpeas may pause ongoing work where an invoice has become overdue.
6. Late Payment and Suspension of Services
Where an invoice remains unpaid for 45 days after its due date, Tinpeas reserves the right to suspend any website, email account, hosting service, domain service, maintenance service, support service or other facility that we provide or manage for the Client.
Where reasonably practical, we will attempt to notify the Client before suspending a service. However, the Client remains responsible for monitoring and paying invoices by their due dates. Tinpeas will not be responsible for any loss of revenue, enquiries, email, data, search visibility, reputation or other loss arising from a suspension caused by non-payment.
All overdue invoices must be paid in full before suspended services are restored. A reactivation fee of £50 plus VAT will be charged where Tinpeas is required to reactivate a website, email service, hosting account or any other service following suspension for non-payment. Additional time required to restore, repair, investigate or reconfigure a service may also be charged at our standard hourly rate.
Tinpeas reserves the right to charge statutory interest and applicable debt recovery costs on overdue business-to-business invoices.
7. Standard Hourly Rate
Unless a different rate has been agreed in writing, work that falls outside a fixed-price quotation will be charged at our standard rate of £45 per hour plus VAT.
Chargeable work may include website updates, technical support, troubleshooting, content entry or formatting, additional design revisions, work outside an agreed project specification, restoration or repair work, liaison with third-party suppliers, training, consultancy, investigation of issues caused by software, hosting, user actions or third-party services, and emergency or out-of-hours work.
Work may be charged in reasonable time increments. Where appropriate, Tinpeas may provide an estimate before carrying out additional work. An estimate is not a fixed quotation unless expressly described as one. Our hourly rate may be reviewed periodically and Clients will be notified before a revised rate is applied to new work.
8. Working Hours and Emergency Support
Our standard working hours are Monday to Friday, 9.00am to 5.00pm, excluding public holidays and periods of notified annual leave. Emails, telephone calls and support requests received outside these hours will normally be reviewed during the next working day.
Tinpeas may be available outside standard hours and at weekends for genuine emergencies, subject to availability. Emergency support may include situations where a website or essential online service is completely unavailable, has suffered a serious security incident or has developed a critical fault that prevents normal business operation.
Routine content changes, design amendments, new functionality, non-urgent email configuration and general enquiries are not normally treated as emergencies. Out-of-hours and weekend support may be charged at a higher rate where this has been agreed with the Client before work begins. Availability outside standard working hours is not guaranteed unless a separate support agreement states otherwise.
9. Support Requests and Turnaround Times
For website work and support services, Tinpeas aims to provide a turnaround time of up to 48 working hours. This timeframe applies during our standard working days and hours only. Weekends, public holidays, annual leave and office closure periods are not counted as working time.
The 48-hour timeframe is a target for responding to, assessing or completing ordinary support requests and is not a guaranteed completion deadline. Turnaround times remain subject to current workload, staff availability, the nature and complexity of the request, receipt of clear instructions and access details, testing requirements, and the actions or availability of third-party suppliers.
Where a request cannot reasonably be completed within 48 working hours, we will provide an update or indicate what further action is required. Urgent requests will be prioritised where possible, but priority work is subject to availability and may incur an additional charge.
10. Client Responsibilities
The Client agrees to provide all information, materials, access credentials, instructions, approvals and feedback reasonably required to complete the Project. Unless otherwise agreed, the Client is responsible for supplying final written content, photographs, product information, pricing, policies, legal notices and other materials required for their website or marketing work.
The Client must ensure that information supplied to Tinpeas is accurate, current and lawful. The Client warrants that they own, or have permission to use, all text, photographs, logos, fonts, illustrations, videos, trademarks and other materials supplied to us.
The Client agrees to indemnify Tinpeas against claims arising from materials supplied by the Client that infringe another party’s copyright, trademark, privacy or other legal rights. The Client is responsible for retaining copies of all original content and materials supplied to Tinpeas.
11. Timescales and Delays
Any project schedule or completion date provided by Tinpeas is an estimate unless expressly agreed as a fixed deadline in writing. Project timescales depend upon the Client supplying content, feedback and approvals promptly. Delays by the Client may result in the completion date being moved.
Where the Client does not respond or provide required materials for 30 days or more, Tinpeas may place the Project on hold and reallocate the scheduled production time. Restarting a paused Project will be subject to our current availability and we cannot guarantee that work will resume immediately.
Where a Project remains inactive for more than 90 days because of Client delays, Tinpeas may close the Project and invoice for all work completed. Restarting the Project may require a revised quotation. Tinpeas will not be liable for delays caused by circumstances outside our reasonable control.
12. Design, Revisions and Approval
The number of design concepts and revision stages included in a Project will be stated in the quotation or project agreement. Revisions must relate to the agreed brief and scope. A request to substantially change an approved direction, introduce new requirements or restart the design process may be charged as additional work.
The Client is responsible for reviewing all designs, content, spelling, contact details, prices, links and functionality before providing approval. Approval may be given by email or another agreed communication method.
Once the Client has approved a design, page, document or website for publication, printing or launch, any subsequent corrections or amendments may be chargeable. Tinpeas will take reasonable care when preparing work but cannot accept responsibility for errors that the Client has approved or failed to identify during the review process.
13. Website Testing and Launch
Tinpeas will test websites using current versions of commonly used browsers and devices where reasonably practical. We cannot guarantee that a website will display identically on every device, screen size, browser, operating system or legacy technology. Differences in rendering are a normal part of responsive web design.
Before launch, the Client will be given an opportunity to review the website and notify us of faults or errors relating to the agreed specification. The website will be considered accepted when the Client confirms approval in writing, instructs Tinpeas to launch it, begins actively using it, or fails to report any material fault within 14 days of being invited to review it.
Minor errors that do not prevent the website from operating will not normally justify delaying payment or launch.
14. Content Management and Client Changes
Where a website includes a content management system, Tinpeas may provide the Client with access to update content. The Client is responsible for changes made by themselves, their employees, contractors or other authorised users.
Tinpeas is not responsible for faults, data loss, layout problems, security issues or service interruption caused by unauthorised or unsuitable changes made by the Client or a third party. Work required to investigate or correct such problems will be charged at our standard hourly rate.
The Client must keep login credentials secure and ensure that access is removed when a member of staff or contractor no longer requires it.
15. Hosting, Domains and Email Services
Where Tinpeas supplies or manages website hosting, domain names or email services, these services may depend on third-party suppliers. Tinpeas will take reasonable care in selecting and managing suppliers but cannot guarantee uninterrupted or error-free availability.
Hosting, domain and email services are normally renewed annually unless otherwise stated. Renewal fees must be paid before the renewal date. Tinpeas is not responsible for the loss of a domain name or interruption to a service where the Client has failed to pay a renewal invoice, provide accurate registrant information or respond to a renewal request.
Third-party providers may alter their prices, services, technical requirements or terms. Tinpeas reserves the right to pass on reasonable increases in supplier charges. Email services are subject to storage limits, spam filtering, security controls and acceptable use policies, and no email system can guarantee that every legitimate message will be delivered or that every unwanted message will be blocked.
16. Backups and Data
Where hosting or maintenance services include backups, Tinpeas will take reasonable steps to operate the stated backup arrangements. Backups are intended as a recovery measure and should not be treated as the Client’s only copy of important business data.
The Client remains responsible for retaining independent copies of business-critical content, customer records, emails, documents and other data. Tinpeas does not guarantee that every backup will be complete, current or capable of restoring every part of a service in all circumstances.
Restoration work may be chargeable unless it is required as a direct result of an error by Tinpeas or is expressly included within a support agreement.
17. Website Security and Maintenance
Tinpeas will use reasonable professional care when designing, hosting, maintaining or supporting a website. However, no website, hosting platform, email service or software application can be guaranteed to be completely secure or continuously available.
Unless the Client has an active maintenance agreement, the Client is responsible for arranging software updates, security monitoring, backups and ongoing technical maintenance after launch. Tinpeas is not responsible for security incidents, malware, software conflicts, outdated plugins, unsupported systems or data loss arising after launch where ongoing maintenance has not been commissioned.
Where Tinpeas identifies a serious security issue, we may temporarily restrict or suspend affected services to protect the Client, other customers or our systems. Emergency security and recovery work may be charged at our standard or agreed emergency rate.
18. Search Engine Optimisation
Tinpeas will use reasonable professional skill when providing SEO services or building an SEO-conscious website. Search engine rankings are controlled by third parties and are affected by many factors outside our control.
Tinpeas cannot guarantee a particular ranking position, placement on the first page of a search engine, a particular level of website traffic, a specific number of enquiries or sales, continued rankings following a search engine update, or the inclusion of every page within a search engine’s index.
SEO results may take time to develop and can fluctuate. The Client must not use hidden text, artificial links, copied content, keyword stuffing or other techniques that could damage the website’s search performance. Tinpeas is not responsible for penalties or ranking losses caused by actions taken by the Client or another supplier.
19. Third-Party Software and Services
Websites may use third-party systems, plugins, themes, fonts, stock imagery, payment gateways, APIs, analytics tools, booking systems or other external services. These services are subject to their own terms, licences, availability and pricing.
Tinpeas is not responsible for a third party changing, withdrawing or discontinuing a product or service. Where a third-party change requires alterations to the Client’s website, the necessary work may be charged separately. The Client is responsible for ongoing subscriptions, transaction charges and licence fees unless the quotation expressly states that they are included.
20. Intellectual Property
Unless otherwise agreed, Tinpeas retains ownership of all preliminary concepts, rejected designs, development methods, source materials, working files, templates, reusable code, processes and tools created or used during the Project.
Once all invoices relating to the Project have been paid in full, the Client will receive the agreed rights to use the final approved deliverables for their intended purpose. No intellectual property rights transfer to the Client until full payment has been received.
Third-party materials remain subject to their original licence terms and cannot be transferred beyond the rights granted by their supplier. Unless confidentiality has been agreed in writing, Tinpeas may display completed work in our portfolio, website, social media, awards submissions and promotional material.
21. Confidentiality
Both Tinpeas and the Client agree to keep confidential information received from the other party secure and not disclose it unnecessarily. This obligation does not apply to information that is already publicly available, was lawfully known before disclosure, is received lawfully from another source, or must be disclosed by law or a competent authority.
Tinpeas may share necessary information with employees, contractors and suppliers involved in delivering the services, provided appropriate confidentiality obligations apply.
22. Data Protection
Each party will comply with applicable UK data protection legislation when handling personal information. The Client is normally responsible for deciding how and why personal information collected through its website is used, including information submitted through contact forms, online orders, bookings, mailing lists and customer accounts.
The Client is responsible for ensuring that its website has appropriate privacy information, cookie controls, consent wording, data retention arrangements and internal procedures. Tinpeas can provide general implementation assistance but does not provide legal advice or guarantee that a website will meet every legal or regulatory requirement applicable to the Client’s business.
Where Tinpeas processes personal information on the Client’s behalf, additional data-processing terms may be required.
23. Legal and Regulatory Content
The Client is responsible for ensuring that its business, website, products, services, advertising and content comply with all laws, regulations and industry rules that apply to it. This includes privacy notices, cookie information, terms of sale, accessibility requirements, copyright notices, product descriptions, pricing, regulated claims and sector-specific wording.
Tinpeas may assist with formatting or publishing material supplied by the Client, but this does not constitute legal, financial or regulatory advice. The Client should obtain professional advice where required.
24. Cancellation and Termination
Either party may terminate an ongoing service by giving the notice stated in the relevant quotation, service agreement or renewal terms. Where no separate notice period is stated, either party may terminate an ongoing monthly service by giving 60 days’ written notice.
The Client may cancel a project before completion, but all work completed, expenses incurred and non-refundable third-party costs will become payable immediately. Initial project payments are non-refundable once work has begun, except where Tinpeas agrees otherwise in writing or where required by law.
Tinpeas may terminate or suspend services immediately where the Client fails to pay an overdue invoice, uses a service unlawfully or abusively, places our systems or other customers at risk, repeatedly breaches these terms, supplies unlawful, infringing or harmful content, or behaves in a threatening, abusive or seriously unreasonable manner.
Termination does not remove the Client’s obligation to pay amounts already due.
25. Transfer to Another Supplier
Where requested, Tinpeas will take reasonable steps to assist with the transfer of a website, domain or service to another supplier once all outstanding invoices have been paid.
Time spent preparing files, creating backups, transferring services, supplying technical information or liaising with the new supplier may be charged at our standard hourly rate. Third-party transfer fees may also apply.
Tinpeas cannot guarantee the operation of a website or service after it has been transferred to an environment that we do not control.
26. Limitation of Liability
Tinpeas will provide its services with reasonable skill and care. To the fullest extent permitted by law, Tinpeas will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of anticipated savings, loss of goodwill or loss of data.
Tinpeas will not be liable for loss arising from Client-supplied content or instructions, delayed approvals or materials, third-party software or services, search engine decisions or ranking changes, hosting, internet or email failures outside our reasonable control, unauthorised changes made by the Client or another supplier, cyberattacks or malicious activity that could not reasonably have been prevented, the Client’s failure to maintain independent backups, or suspension resulting from unpaid invoices.
Subject to any liability that cannot legally be excluded or limited, Tinpeas’ total liability relating to a Project or service will not exceed the total fees paid by the Client to Tinpeas for that Project or service during the 12 months immediately preceding the event giving rise to the claim.
Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence.
27. Force Majeure
Neither party will be liable for delay or failure caused by events beyond its reasonable control. These may include severe weather, fire, flood, epidemic, pandemic, war, civil disturbance, industrial action, utility failure, internet failure, cyberattack, government action, illness, supplier failure or disruption to essential infrastructure.
The affected party will take reasonable steps to reduce the impact and resume its obligations when reasonably possible.
28. Changes to These Terms
Tinpeas may update these terms periodically to reflect changes to our services, working practices, supplier arrangements or legal obligations. The terms applying to a fixed-price Project will normally be those accepted when the Project was commissioned.
Updated terms may apply to renewed or ongoing services after reasonable notice has been given to the Client.
29. Notices and Communication
Notices relating to a Project, payment, cancellation or termination should be provided in writing by email or letter. The Client is responsible for keeping its contact and billing information up to date.
An email will be treated as received on the working day it is sent, provided the sender does not receive a delivery failure notification. Emails sent outside standard working hours may be treated as received on the next working day.
30. Severability
If any provision of these terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue in effect. Where possible, the affected provision will be interpreted or adjusted only to the extent necessary to make it valid and enforceable.
31. No Waiver
A delay or failure by Tinpeas to enforce any right under these terms does not mean that the right has been waived. Any waiver must be confirmed in writing and will apply only to the particular circumstances for which it is given.
32. Governing Law and Jurisdiction
These terms and any dispute or claim arising from them will be governed by the laws of England and Wales. The courts of England and Wales will have jurisdiction over any dispute or claim, unless applicable law requires otherwise.
33. Contact Details
Tinpeas
32 Codlins Lane
Beccles
Suffolk
NR34 7BB
Telephone: 01502 801237
Email: info@tinpeas.co.uk
Website: www.tinpeas.co.uk
Client Acceptance
By accepting a quotation, paying a deposit, instructing Tinpeas to begin work or continuing to use Tinpeas services, the Client confirms that they have read, understood and agreed to these Terms and Conditions of Business.
