Terms of Service

1. Scope and Statement of Work (SOW) Relationship

These Terms of Service govern all web design, development, cloud hosting, search optimisation, and continuous website maintenance services provided by Endurance Digital ("we", "us", "our") to the client ("you", "your").

Every project is governed by a specific Statement of Work (SOW), proposal, or package specification (such as our Endurance Micro Website package or custom project scope) agreed upon via written communication or formal sign-off. In the event of any conflict between these Terms and an agreed SOW, the terms of the specific SOW shall take precedence regarding project deliverables and pricing.

2. Payment and Project Commencement

Project commencement for fixed-price packages (such as the £250 Micro Website build fee) requires receipt of the agreed upfront payment unless alternative milestones are explicitly set out in a written SOW.

A recurring monthly fee applies only where it is expressly agreed for the relevant service in writing. The £15/month fee is specific to the eligible Micro care plan and does not automatically apply to Custom projects. Any hosting, maintenance, support or ongoing development for a Custom project must be described and priced separately in the written proposal or Statement of Work. Monthly fees are billed in advance according to the agreed billing arrangement. If agreed recurring fees are not paid, we may suspend the relevant hosting or ongoing services after reasonable notice and subject to applicable law.

3. Client Responsibilities and Content Delivery

To ensure efficient delivery, you agree to provide all necessary project inputs—including final text, imagery, branding assets, logos, and account credentials—in a timely manner.

You warrant that all materials, text, and images supplied to Endurance Digital are owned by you or that you possess full legal authorisation to use, publish, and distribute them. Endurance Digital accepts no liability for copyright infringement arising from client-supplied assets.

4. Legal and Content Responsibility

You retain sole editorial and legal responsibility for all content, claims, trading practices, regulatory compliance (such as industry-specific licences or professional accreditations), and legal notices published on your website.

While we implement standard technical frameworks and standard GDPR cookie/privacy notices as part of our builds, you remain fully responsible for ensuring your business operations and published website comply with applicable UK laws and regulations.

5. Scope Changes and Micro Package Boundaries

The Endurance Micro Website package covers up to 10 standard informational pages built using our design system and component architecture. Additional pages, substantial layout changes, advanced backend functionality, e-commerce, integrations and work outside the Micro specification require a separate written quote. Custom work is limited to deliverables explicitly listed in the agreed proposal or Statement of Work. Existing websites and CMS platforms may be assessed for suitability before quoting. We do not offer complete bespoke CMS platform builds, and we cannot guarantee that every third-party CMS, plugin, theme or legacy site can be safely or economically modified.

6. Hosting and £15/Month Website Care

The £15/month Micro care plan applies only to eligible Micro websites where expressly agreed. It covers hosting, SSL and routine technical oversight, plus occasional minor text or image updates to existing pages. Updates must be small, use content or images supplied by you, and are handled within reasonable limits and normal working hours. New pages, redesigns, structural or layout changes, bulk or frequent edits, copywriting, design work, new functionality, integrations, CMS or plugin troubleshooting, third party fees, domain charges and work on other websites are excluded and require a separate quote. We will confirm any additional charge and obtain your approval before starting out of scope work. The plan is not unlimited editing, development or on demand support.

Updates are occasional and limited to small text or image changes on existing pages. They cannot be accumulated or carried forward. Requests outside this scope require a separate quote, which we will obtain your approval for before starting.

7. Intellectual Property and Reusable Code Ownership

Upon receipt of full payment for the initial build fee, you receive a non-exclusive, perpetual licence to use the completed website for your business.

Endurance Digital retains exclusive, unencumbered ownership of all underlying source code, proprietary frameworks, design system components, CSS styles, Python utilities, and development tools created or used by us. You acquire no ownership rights in our underlying technical architecture or reusable code libraries.

8. Launch, Sign-Off, and Acceptance

For Micro projects, one consolidated round of amendments before launch is included. Custom projects include only the review and revision rounds expressly stated in the written proposal or Statement of Work. Unless otherwise agreed, the client should provide one consolidated list of feedback within 5 business days of preview delivery. Further rounds, new requirements, or feedback that changes the agreed scope may be quoted separately. Launch or written approval may indicate acceptance of the delivered scope. Any review period or acceptance process in this section does not remove rights or remedies that cannot lawfully be excluded or restricted.

9. Defects Versus Change Requests

For work delivered by Endurance Digital, defects that materially prevent an expressly agreed deliverable from functioning as described should be reported in writing within 30 days of launch or delivery so we can investigate promptly. This reporting request does not limit any statutory rights or legal time limits that apply. We will assess and, where the issue is within our control and covered by the agreed scope, correct it at no additional charge. This does not cover issues caused by client changes, third-party services, hosting providers, unsupported plugins, browser or platform updates, misuse, or work outside our control.

Requests to alter layout structures, rewrite completed copy, introduce new features, or redesign previously approved sections are classified as change requests and will be billed separately or quoted as a separate task depending on scope.

10. Third-Party Services and Dependencies

Our websites integrate with third-party cloud infrastructure, domain registrars, analytics providers, and form-handling services such as Web3Forms and Google Analytics.

We accept no liability for service interruptions, outages, API changes, or policy modifications originating from third-party vendors or external platforms beyond our direct operational control.

11. Privacy and Data Protection

Both parties agree to comply with applicable data protection laws, including the UK GDPR. We process personal data strictly in accordance with our Privacy Policy.

You are responsible for obtaining appropriate visitor consents for cookies, analytics, and data collection tools deployed on your website.

12. Security and Backups

We take reasonable steps to maintain the hosting environment and provide routine technical oversight for active monthly care clients. Specific backup arrangements may depend on the underlying hosting service.

However, we do not guarantee absolute immunity against sophisticated cyber-attacks, malicious breaches, or unauthorised third-party interference. Clients operating their own hosting or refusing monthly maintenance retain full security responsibility.

13. Limitations of Liability

To the maximum extent permitted by applicable law, Endurance Digital shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, business interruption, or loss of data, arising out of or in connection with our services.

Our total aggregate liability for any direct claim arising under these Terms shall be strictly limited to the total fees paid by you to Endurance Digital in the preceding 12 months. Nothing in these Terms excludes or restricts liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law. If you are a consumer, nothing in these Terms affects your statutory rights.

14. Client Indemnity

You agree to indemnify, defend, and hold harmless Endurance Digital, its founders, contractors, and employees from and against any claims, liabilities, damages, losses, or legal expenses (including reasonable legal fees) arising out of your breach of these Terms, third-party intellectual property claims regarding client-supplied content, or illegal business operations.

15. Suspension and Termination

Either party may terminate the monthly care retainer by providing 30 days' written notice. Upon cancellation of monthly care, ongoing updates and managed hosting cease, and the website files can be transferred or exported upon request.

We reserve the right to immediately suspend or terminate services without refund if you breach payment terms, engage in abusive conduct toward our team, or use the website for unlawful activities.

16. Force Majeure

Endurance Digital shall not be held liable for any failure or delay in performing our obligations under these Terms resulting from events beyond our reasonable control, including acts of God, utility or telecommunication failures, cyber-attacks, internet outages, labor disputes, or government restrictions.

17. Confidentiality

Both parties agree to protect and maintain the confidentiality of any proprietary business information, operational strategies, or unreleased project assets shared during the course of the engagement.

18. Portfolio and Promotional Rights

Unless explicitly agreed otherwise in writing prior to project commencement, Endurance Digital retains the right to showcase completed projects, design elements, and case studies within our online portfolio, marketing materials, and award submissions.

19. Complaints and Dispute Resolution

If you have any concerns or complaints regarding our services, please contact us directly at hello@endurance-digital.co.uk. We are committed to working collaboratively to resolve any issues swiftly and fairly.

20. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of Scotland. Both parties irrevocably submit to the exclusive jurisdiction of the Scottish courts.