Terms of Service

1. Business Identification and Contact Information

NeuroForgeDesign is the trading name of Ben Worthington, a sole trader based at:

181 Upper Aughton Road
Southport
PR8 5EX
United Kingdom

For any questions or notices under these Terms, contact us via email at info@neuroforgedesign.com or by post at the address above. We carry public liability insurance for our operations.

2. Services Provided

NeuroForgeDesign offers digital services including:

• Web Design & Development (front-end and full‑stack)
• Accessibility Consulting (WCAG compliance)
• Application Design & Prototyping
• Full Stack Implementations (database, server, UI)
• Future Services: SEO and Web Page Management subscriptions

Services will be detailed in individual project agreements. We commit to reasonable skill and care in accordance with industry standards.

3. Client Obligations and Acceptable Conduct

By engaging our services, you agree to:

• Provide Materials Promptly: Deliver content, images, credentials, and feedback on schedule. Delays beyond 60 days may lead to suspension or termination.
• Ensure Legality: Confirm all supplied materials are lawful and you hold usage rights.
• Maintain Professional Conduct: Communicate respectfully and avoid harassment.
• Comply with Third‑Party Terms: Abide by licenses for any external software or APIs included.
• Use Deliverables Lawfully: Do not use websites or software for illegal purposes or to distribute harmful content.

4. Quotes, Deposits and Payment Terms

4.1 Quotes

Valid for 30 days. Binding once accepted and invoiced.

4.2 Deposits

50% upfront by default, or as agreed. Non‑refundable once work begins.

4.3 Payment Schedule

Balance due on completion, before launch or handover. Interim invoices only if agreed in writing.

4.4 Currency & Taxes

GBP. Fees exclude VAT unless stated. Any VAT will be added where applicable.

4.5 Invoice Terms

14 days from invoice date. Late payments incur statutory interest above the Bank of England base rate.

4.6 Refund Policy

Deposits non‑refundable after work begins. Refunds for unstarted work phases at our discretion. Final payments refundable only if we terminate without cause.

4.7 Payment Methods

Bank transfer (BACS) or alternative methods by agreement. Client covers any transfer fees.

5. Project Timeline and Service Level Expectations

• Scheduling: Timelines start after deposit receipt and all materials delivered. Time is not of the essence unless agreed in writing.
• Client Feedback: Pauses for approval extend timelines.
• Communication: We aim to respond within 1–2 business days (9 am–5 pm UK time, Mon–Fri).
• Testing: We conduct compatibility and functionality tests. You receive milestone reviews and may request revisions within scope.
• Post‑Launch Support: 14-day grace period for bug fixes within original scope. Further work billed separately.
• Hosting & Downtime: We are not liable for third‑party hosting issues unless under a separate agreement.

6. Intellectual Property Rights

6.1 Ownership

Deliverables transfer to you upon full payment. Until then, we retain ownership and may withhold deliverables.

6.2 License & Usage

You receive perpetual, worldwide rights to use deliverables. Resale prohibited unless part of your site or app.

6.3 Client Materials

You retain rights to materials you supply and grant us license to use them for the project.

6.4 Reuse of Code

We may reuse generic code, templates, or techniques developed during the project.

6.5 Portfolio & Credit

We may showcase your project in our portfolio with your permission. You may opt‑out of visible credit.

6.6 Third‑Party IP

Licenses for stock assets or plugins pass to you or remain subject to vendor terms.

7. Limitation of Liability and Disclaimers

7.1 As‑Is Services

All services and deliverables are provided “as is,” without warranties beyond those required by law.

7.2 Liability Cap

Our total liability for any claim is capped at the fees paid for the relevant service.

7.3 No Indirect Damages

We exclude liability for indirect or consequential losses (e.g., profit, data, goodwill).

7.4 Client Legal Responsibility

You are responsible for legal compliance of your site (e.g., GDPR, accessibility).

7.5 Third‑Party Issues

Not liable for delays or failures caused by external providers or force majeure.

7.6 Public Liability Insurance

We carry public liability insurance; professional indemnity under consideration.

7.7 Disclaimer of Warranties

We disclaim implied warranties of merchantability or fitness.

7.8 Indemnity

You indemnify us against claims from your materials, misuse of deliverables, or breach of these Terms.

8. Termination and Cancellation

8.1 By Client

You may cancel any time. Deposit forfeited once work begins. You pay for work delivered.

8.2 By Us

We may terminate for your breach, insolvency, or illegal content. If we cancel without cause, we refund unearned fees.

8.3 Effects

Cease using unpaid deliverables. Return or destroy confidential materials. Surviving clauses: IP, confidentiality, liability, indemnity.

9. Future Subscription Services

• Structure: Monthly GBP fee billed in advance.
• Minimum Term: Six months unless stated.
• Cancellation: 30 days’ notice post‑term; no pro‑rata refunds.
• Scope: Defined per plan; out‑of‑scope work billed separately.
• SEO Disclaimer: No guaranteed rankings.
• Adjustments: Terms may change with 30 days’ notice.

10. Amendments and Changes to Terms

We may update these Terms. Major changes notified 30 days in advance. Continued use indicates acceptance. Active projects governed by Terms in force at project start, unless agreed otherwise.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising from these Terms.

12. Entire Agreement

These Terms, together with project proposals and statements of work, form the entire agreement between you and NeuroForgeDesign. No other terms apply unless agreed in writing.

Acceptance: By paying a deposit or instructing us to begin work, you confirm that you have read, understood, and agree to be bound by these Terms of Service in full.