Terms of Service

These terms govern the relationship between Tracer (“we”, “us”, “our”), a freelance web design and development business based in Kent, UK, and any individual or business (“you”, “the client”) engaging our services. By instructing us to carry out work, you agree to these terms.

Where you are a consumer (an individual acting outside of a trade, business, craft, or profession), additional rights apply to you under the Consumer Rights Act 2015. Nothing in these terms removes or limits your statutory rights.

1. Our Services

We provide the following services:

• Website design and development
• UI/UX design
• Graphic design and brand identity
• Related digital services as agreed in writing

All services are provided with reasonable care and skill, in accordance with the Consumer Rights Act 2015. The specific scope, deliverables, timeline, and price of each project will be agreed in writing (by email or formal proposal) before work begins.

2. Quotes and Pricing

All quotes are provided in GBP and are valid for 30 days from the date of issue unless otherwise stated. A quote does not constitute a contract until both parties have confirmed the project scope in writing.

If the scope of work changes materially after agreement, we reserve the right to provide a revised quote. We will notify you of any additional costs before proceeding.

3. Payment Terms

• A deposit (typically 50% of the project total) is required before work commences. The exact deposit amount will be stated in your project proposal.
• The remaining balance is due upon project completion and before final files or live deployment are delivered.
• Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing.
• Late payments may incur interest at 8% per annum above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998.
• We reserve the right to suspend work on any project where payment is overdue.

4. Project Process and Timelines

Estimated timelines are provided in good faith and are dependent on the timely supply of content, feedback, and approvals by the client. We are not liable for delays caused by late client responses or materials.

Projects placed on hold at the client's request for more than 30 days may be subject to a restart fee, and timelines will be reset accordingly.

5. Revisions

The number of included revision rounds will be specified in the project proposal. Revisions are amendments to the agreed scope. They are not opportunities to redefine the project direction. Requests that fall outside the agreed scope may be quoted separately.

6. Client Responsibilities

You agree to:

• Provide accurate, complete, and timely information, content, and materials needed for the project.
• Ensure that any materials you supply (text, images, logos, trademarks) do not infringe the intellectual property or other rights of any third party.
• Obtain all necessary licences, permissions, and consents for any third-party content you provide.
• Provide feedback and approvals within the timeframes agreed.

You accept full responsibility for any content you supply and indemnify us against any claims, losses, or expenses arising from your breach of this clause.

7. Intellectual Property

Before final payment: All work created remains our intellectual property. We retain full copyright until all outstanding invoices are paid in full.

After final payment: Full ownership of the final agreed deliverables transfers to you, except as noted below.

We retain the right to:

• Display completed work in our portfolio, case studies, and marketing materials unless you request otherwise in writing.
• Retain ownership of any reusable code libraries, frameworks, templates, or tools that were not created specifically and exclusively for your project.

Third-party assets (stock images, fonts, plugins, frameworks) are subject to their own licences. We will advise you of any licensing requirements affecting your use of the deliverables.

8. Hosting

Where a website is being built as part of our services, we recommend and work primarily with Vercel as a hosting platform, as it is optimised for the frameworks and technologies we use (including Next.js and React-based sites). Where applicable, we will advise on the most suitable hosting environment for your project.

You are not required to use our recommended hosting provider. However, if you choose to host your website with a third-party provider of your own choosing, you accept the following:

• It is your responsibility to ensure that your chosen hosting provider supports the technologies used in your website (for example, Node.js, server-side rendering, or specific runtime environments).
• We will advise you of the technical requirements of your website prior to completion. If your chosen hosting environment is incompatible, we are not liable for any additional development work required to make the site function on that platform.
• Any additional work required to adapt the website for an incompatible or non-recommended hosting environment will be quoted and charged separately.
• We cannot guarantee performance, uptime, or functionality of your website on a hosting platform we have not recommended or tested.

We are not responsible for issues arising from hosting provider outages, configuration decisions made by the client or their hosting provider, or changes made to the hosting environment after delivery.

10. Confidentiality

Both parties agree to keep confidential any sensitive business information shared during the project and not to disclose it to third parties without prior written consent, unless required by law. This obligation continues after the project ends.

10. Cancellation

By the client: If you cancel a project after work has commenced, you remain liable for payment of all work completed up to the cancellation date. The deposit is non-refundable where work has already begun.

Consumer cancellation right: If you are a consumer, you have the right to cancel within 14 days of entering into a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If you request that work begins within this 14-day window, you acknowledge that the cancellation right is waived once work is underway, and you agree to pay for any services delivered.

By us: We reserve the right to terminate a project if you act in a way that is abusive, unlawful, or makes continuing the project unreasonable. In such cases, payment is due for all work completed to date.

11. Limitation of Liability

To the fullest extent permitted by law, our total liability to you in connection with any project shall not exceed the total fees paid by you for that project.

We are not liable for:

• Indirect, consequential, or special losses, including loss of profits, revenue, or business opportunity.
• Losses caused by your failure to provide accurate information or comply with your obligations under these terms.
• Issues arising from third-party platforms, hosting providers, or software outside our control.
• Changes to search engine algorithms or rankings following delivery of a website.

Nothing in these terms limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

12. Warranties

We warrant that:

• Services will be provided with reasonable care and skill.
• We have the right to enter into this agreement and provide the services described.
• Deliverables will materially conform to the agreed specification.

We do not warrant that websites will be free from all errors or that they will be compatible with all browsers, devices, or third-party systems unless specifically agreed.

13. Complaints

If you are unhappy with our services, please contact us at Contact us at the earliest opportunity. We will acknowledge your complaint promptly and aim to resolve it fairly and within a reasonable timeframe.

Consumer clients who are not satisfied after raising a complaint with us may refer disputes to an Alternative Dispute Resolution (ADR) provider or seek redress through the courts of England and Wales.

14. Governing Law

These terms are governed by the laws of England and Wales. Any disputes arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Changes to These Terms

We may update these terms from time to time. The date at the top of this page reflects the most recent version. Any changes will not affect projects already underway at the time of the change.