These Terms & Conditions govern use of the BuildKind Web website. By using this website, you agree to these terms. If you do not agree, please do not use the website.
These website terms are separate from any written proposal, quotation, service agreement, or contract for website development. If you hire BuildKind Web, the signed or otherwise accepted project agreement governs the specific services, scope, price, payment schedule, and deliverables. Mandatory consumer or other legal rights are not excluded by these terms.
1. About BuildKind Web
BuildKind Web provides website design and development services for small businesses. Services may include static HTML websites, WordPress websites where agreed, landing pages, website migration, and website fixes. The exact services available for a project are defined in the relevant written quote or agreement.
2. Website information
We aim to keep website information accurate and up to date, but descriptions of services, examples, prices, and availability may change. Website content is general information and is not a binding offer for a specific project. A project begins only when its scope and terms are accepted through the agreed process.
3. Quotes and project scope
Before work begins, we will provide a written quote or proposal identifying the agreed deliverables, price, estimated timeline, revisions, client responsibilities, exclusions, and payment schedule. Work not expressly included in the quote is outside the agreed scope and may require a separate quote.
Any estimated schedule depends on timely receipt of content, access, feedback, approvals, and third-party services. Changes to the project or delays may affect delivery dates.
4. Fees and payment
Prices are quoted in the currency stated in the proposal, generally USD for the packages listed on this website. The standard payment arrangement is a 50% deposit to schedule the project and the remaining 50% before production launch and final handover, unless the written agreement states otherwise.
Invoices must be paid by the due dates shown. Work may be paused if a payment is overdue, subject to the project agreement and applicable law. Any lawful late-payment charges must be stated in the relevant agreement or invoice.
Refunds, cancellations, deposits, and payments for work already performed will be handled under the project agreement and applicable law. Nothing in these terms removes any non-waivable rights a customer may have.
5. Client responsibilities
The client is responsible for:
- Providing accurate business information, approved copy, logos, images, and other required materials.
- Ensuring they have permission or appropriate rights to use materials they supply.
- Providing necessary access and making timely decisions.
- Reviewing the preview and reporting issues within the agreed review period.
- Paying for domain registration, hosting, email, premium licences, stock assets, and third-party services unless expressly included in writing.
- Keeping their own account credentials secure and maintaining access to accounts they own.
If required content, access, feedback, or approvals are delayed, the project schedule may need to be revised.
6. Revisions and additional work
The number and type of included revision rounds will be stated in the project quote. Revisions apply to work within the agreed scope. Additional pages, new functionality, substantial changes in direction, new integrations, or work caused by changed requirements may be quoted separately.
7. Third-party services and licences
A project may rely on third-party hosting, domain registrars, form services, fonts, themes, plugins, APIs, payment providers, booking systems, or other tools. Those services are subject to their own terms, availability, pricing, and licence restrictions.
Unless stated otherwise, third-party fees are paid by the client and are not included in BuildKind Web's development price. We do not control third-party pricing, outages, policy changes, or service discontinuation. We will clarify known dependencies within the project scope.
Where practical, the client should own and control their domain, hosting, and third-party accounts. The client is responsible for renewals and compliance with third-party licence terms.
8. Preview, approval, launch, and handover
A preview link may be provided for review and may contain sample content or features that are not yet connected to live services. The client should not treat a preview as a production-ready service unless confirmed.
The final payment is due before production launch and final handover under the standard payment arrangement, unless the written agreement says otherwise. Launch depends on the availability and correct configuration of required client accounts and third-party services.
The project agreement will define the deliverables handed over, including any source files, access, documentation, or assets. Third-party software and assets remain subject to their licences.
9. Ownership and intellectual property
The project agreement should specify when ownership or usage rights in the bespoke deliverables transfer to the client, normally after full payment, subject to applicable law and third-party licences. BuildKind Web retains rights in pre-existing tools, reusable code, methods, templates, and know-how unless otherwise agreed in writing.
The client retains rights in materials they supply and grants BuildKind Web permission to use those materials solely as needed to perform the project. The client confirms they have the rights necessary to provide those materials.
Third-party fonts, stock images, themes, plugins, software, and other assets are governed by their own terms and may not be transferable to the client.
10. Portfolio use
BuildKind Web will not publicly identify a client or display a non-public project as a portfolio example without permission, unless the project agreement clearly provides otherwise. Clients should tell us in writing if there are confidentiality restrictions.
11. Website performance and SEO
We aim to build websites according to the agreed requirements and to check the agreed pages before handover. Website performance, search engine rankings, traffic, conversions, sales, and leads depend on many factors outside our control. We do not guarantee particular rankings, traffic levels, business results, or uninterrupted third-party services.
Compatibility can vary across browsers, devices, operating systems, and third-party embeds. Any specific compatibility or performance requirements must be agreed in writing.
12. Maintenance and ongoing support
Ongoing maintenance, updates, monitoring, backups, security response, content changes, and technical support are not included unless expressly stated in a maintenance agreement or project quote. Maintenance plans, where offered, have their own scope, limits, response expectations, and exclusions.
13. Acceptable use of this website
You agree not to misuse this website, attempt unauthorised access, interfere with its operation, transmit malicious code, or use the website in violation of applicable law.
14. Disclaimers
To the extent permitted by law, this website and its general information are provided on an “as available” basis. We do not warrant that the website will always be uninterrupted, error-free, or free from harmful components. This section does not exclude any guarantee or right that cannot lawfully be excluded.
15. Limitation of liability
To the maximum extent permitted by applicable law, BuildKind Web will not be liable for indirect or consequential losses arising from use of this website. Any limitations or exclusions relating to a paid project must be set out in the project agreement and will apply only to the extent permitted by applicable law. Nothing in these terms excludes liability that cannot legally be excluded.
16. Privacy
Our handling of personal information is described in our Privacy Policy. By submitting an inquiry, you should review that policy to understand how your information may be used and shared.
17. Changes to these terms
We may update these website terms from time to time. The latest version will be published on this page with a revised effective date. Changes to a project already under contract will be handled under that project agreement and applicable law.
18. Governing law and disputes
These terms are subject to the laws of [INSERT GOVERNING LAW AFTER LEGAL REVIEW], without limiting any mandatory rights that may apply to consumers or other customers in their place of residence. The parties will try to resolve disputes through good-faith communication before pursuing formal remedies, where legally appropriate.
19. Contact
Questions about these terms can be sent to: