B2B WEBSITE SERVICES TERMS

Straightforward terms.

These terms apply only where a business customer expressly accepts them together with a written EarnKind scope/order. By accepting, the customer confirms it is acquiring the services wholly or mainly for purposes relating to its trade, business, craft or profession.

1. Service

EarnKind provides website design, refinement, launch and ongoing website-management services. The agreed scope is the concept, pages, features and deliverables in the written scope/order. Ecommerce, complex booking systems, bespoke software, integrations, paid advertising, ongoing SEO/content campaigns, photography/video, major brand redesign and substantial new page creation are excluded unless expressly agreed.

2. Proof-first concept

An unofficial speculative prospect concept does not create a client relationship or imply endorsement. If a customer proceeds, the concept becomes the basis of a controlled customer build and business facts, claims, contact details and content rights are re-verified before publication.

3. Fees

The standard launch fee is £750 and the standard website-management fee is £59/month unless the written scope/order states otherwise. The launch fee is due before production launch and within 7 days of invoice, whichever comes first. EarnKind is not required to publish until cleared payment is received.

4. Monthly management

Management includes hosting/technical operation of the agreed static website, routine maintenance and security/availability housekeeping, ordinary minor factual/content changes within the existing structure, and reasonable support for minor presentation/factual corrections. Material redesign, significant new pages, ecommerce, integrations, SEO/content campaigns, advertising management, photography/video and material third-party charges are outside standard scope and are agreed separately.

5. Customer responsibilities

The customer must provide accurate details and timely approvals, confirm the accuracy of business claims/prices/qualifications/reviews, have rights to supplied logos/photos/copy, identify regulated or sensitive claims requiring specialist approval, and keep its account credentials secure. EarnKind may refuse content reasonably believed unlawful, misleading or infringing.

6. Content and intellectual property

The customer retains ownership of materials it supplies and permits EarnKind to use them to provide the service. EarnKind retains its pre-existing tools, reusable components, methods, templates and generic code. Once the launch fee is paid, the customer receives a perpetual licence to use the customer-specific finished website for its business. If management ends, a reasonable static export may be requested; migration/re-platforming assistance may be quoted separately.

7. Domains and third parties

Where possible the customer should own or control its domain. Third-party services remain subject to their own terms. EarnKind is not responsible for outages outside its reasonable control but will take reasonable steps to assist where an issue affects a managed service.

8. Acceptance and launch

Before production launch EarnKind completes functional and multi-device visual QA and may ask the customer to confirm factual content. The customer remains responsible for the accuracy and legality of information about its own business.

9. Payments

One-off invoices are payable on their due date. The £59 monthly service is intended to be collected automatically on the agreed billing date when the payment provider is active. Raw card details are not stored by EarnKind. Persistent failed payment may result in suspension after reasonable notice.

10. Cancellation

Monthly website management may be cancelled on 30 days’ written notice. Charges already due remain payable. Either party may terminate for material unremedied breach or where continuing would be unlawful.

11. Refunds

If a customer cancels after instructing EarnKind to proceed but before launch, any refund is assessed fairly against work completed and non-recoverable costs. If EarnKind cannot deliver the agreed site for reasons within its control, it will refund the portion attributable to undelivered work.

12. Confidentiality and data

Each party will protect the other’s non-public confidential information. Each party is responsible for data-protection law applicable to its activities. EarnKind’s handling of personal information is described in the Privacy Notice. Additional data-processing terms will be considered if a customer site requires EarnKind to process personal information on the customer’s behalf beyond ordinary administration.

13. Liability

Nothing excludes liability that cannot legally be excluded, including death/personal injury caused by negligence, fraud or fraudulent misrepresentation. Subject to that, neither party is liable for indirect or consequential loss or loss arising from information supplied/approved by the other party where not caused by the first party’s breach. EarnKind’s aggregate liability in any 12-month period is limited to fees paid by the customer to EarnKind in that period, except where unlawful.

14. General

Neither party is liable for delay caused by events beyond reasonable control. Changes to scope, pricing or these terms must be agreed in writing. Operational notices may be sent by email. These terms and the written scope/order form the agreement for the services. English and Welsh law applies and the courts of England and Wales have jurisdiction unless expressly agreed otherwise.