Website Terms & Conditions

Website Design, Development and Maintenance Terms

About These Terms

These terms apply to website design, development, redevelopment, support and maintenance services provided by Daniel Calbacho, a sole trader trading as RED Marketing UK, of 78 York Street, Marylebone W1H 1DP, United Kingdom, referred to in these terms as “RED Marketing”, “we”, “us” or “our”.

The person, company or organisation purchasing the services is referred to as the “Client”, “you” or “your”.

These terms should be read together with the relevant proposal, quotation, statement of work, invoice, letter of engagement or other written project agreement.

Where a project-specific document contains terms that differ from these standard terms, the project-specific document will take precedence.

Acceptance of a quotation, payment of a deposit, written instruction to begin work or supply of materials for a project will be treated as acceptance of these terms.

Project Scope

The services, deliverables, page quantities, functionality, integrations, copywriting, design requirements, timelines and fees included in a project will be set out in the approved quotation or project agreement.

Only the work expressly listed in the approved scope is included.

Any additional requirements may be treated as additional work, including:

Additional website pages
New functionality or integrations
Substantial changes to an approved design
Additional rounds of revisions
Additional copywriting or content creation
Data entry or content population beyond the agreed allowance
Migration of content not included in the original scope
Advanced troubleshooting or repair work
Urgent or out-of-hours support
Work relating to third-party platforms
Changes requested after final approval

We will provide an estimate or quotation for additional work before proceeding wherever reasonably possible.

Additional work will be charged at the rate stated in the project agreement or, where no specific rate has been agreed, at RED Marketing’s current applicable rate.

Client Responsibilities

The Client will provide all information, access and materials reasonably required to complete the project, including where relevant:

Website, hosting and domain credentials
Brand guidelines and approved logos
Copy, images, video and downloadable documents
Product, service or programme information
Legal policies and regulatory wording
Contact details and form-routing information
Third-party platform access
Analytics and Search Console access
Payment-gateway, booking or CRM information
Consolidated feedback and approvals

The Client confirms that all materials supplied to RED Marketing may lawfully be used for the project and do not infringe the intellectual-property, privacy or other rights of a third party.

The Client remains responsible for checking the accuracy, legality and completeness of all factual, financial, medical, legal, regulatory, product and service information appearing on the website.

RED Marketing will not be responsible for delays caused by missing content, delayed access, conflicting instructions or late feedback.

Project Timelines

Any delivery date is based on the scope, information and approvals available when the project is quoted.

Timelines depend on the Client:

Supplying materials and access promptly
Providing consolidated feedback
Approving designs and content within agreed timeframes
Making payments when due
Avoiding material changes to the scope

Where the Client causes a delay, the project timeline may be extended accordingly.

Where a project is inactive because the Client has not supplied feedback, content, access or approval for 30 days or more, RED Marketing may reschedule the work according to team availability.

If a project remains inactive for 60 days or more, we may close the active project and quote separately to restart or complete the outstanding work.

Design and Revision Process

RED Marketing will create the website in accordance with the approved scope and available brand direction.

The quotation will state how many design concepts or revision rounds are included.

Unless otherwise agreed:

Feedback must be supplied in one consolidated response
Revisions must remain within the approved brief
A revision does not include a complete redesign or a new creative direction
Changes requested after approval may be quoted separately

Approval of a design, wireframe, page, copy document or staging website confirms that the Client is satisfied with that stage of work.

Content and Copywriting

Copywriting, proofreading, photography, video, illustration and stock imagery are included only where expressly stated in the quotation.

Where the Client supplies copy or visual assets, RED Marketing may format, proofread or make minor editorial adjustments for presentation. This does not amount to full copywriting unless specifically included.

Where copywriting is included, the quotation will specify:

The pages covered
Approximate word limits
The number of revision rounds
Whether the copy is creative, SEO-focused or both

Content beyond the agreed word allowance or page scope may be quoted separately.

RED Marketing does not guarantee that website copy will produce a particular search ranking, enquiry level, sale or commercial result.

Search Engine Optimisation

A website will only include specialist SEO services where they are expressly listed in the approved quotation.

SEO services may include:

Keyword research
Search-intent analysis
SEO copywriting
Metadata
On-page optimisation
Technical SEO
Internal linking
Schema or structured-data recommendations
Search Console setup
Sitemap submission
Reporting and ongoing optimisation

An “SEO-ready” website means that the website is built using reasonable structural and technical practices. It does not mean that full keyword research, on-page optimisation or ongoing SEO implementation is included.

Search-engine rankings and traffic cannot be guaranteed because search platforms, competitors, algorithms and market conditions are outside RED Marketing’s control.

Third-Party Services

Websites may rely on third-party products and services, including:

WordPress
Plugins and themes
Hosting providers
Domain registrars
Email platforms
Payment gateways
Booking systems
CRM platforms
Analytics services
Fonts, stock imagery and licensed software
Social-media and embedded-content platforms

Third-party fees are not included unless expressly stated in the quotation.

The Client is responsible for maintaining any required third-party accounts, subscriptions and licences after handover.

RED Marketing is not responsible for:

Changes made by third-party suppliers
Service outages
Pricing changes
Platform closures
Plugin or integration incompatibility
Suspension of third-party accounts
Changes to external APIs or functionality

Where a third-party change requires redevelopment, troubleshooting or migration, this may be quoted separately.

Hosting, Domains and Email

Domain registration, website hosting and email hosting are separate services unless expressly included in the quotation.

Where RED Marketing assists with hosting or domain configuration, the Client remains responsible for the ongoing cost of the relevant external services.

The Client should retain ownership and control of its domain name wherever possible.

RED Marketing is not responsible for email-delivery problems, mailbox configuration, spam filtering or server issues unless email support is expressly included in the agreement.

Assistance with hosting, domains or email outside the agreed scope will be charged separately.

Staging, Testing and Launch

Where appropriate, development will take place on a staging or development environment.

The Client will be given an opportunity to review and approve the website before launch.

Testing may include reasonable checks across commonly used modern browsers and devices. RED Marketing cannot guarantee identical appearance or performance across every browser, operating system, device or future software version.

The Client is responsible for final review of:

Copy and spelling
Contact details
Forms and recipient addresses
Links
Prices and factual information
Legal notices
Images and brand assets
Booking, payment and third-party processes

Once the Client approves the website for launch, any later changes may be treated as additional work.

Fees and Payment

The project fee and payment schedule will be stated in the approved quotation or engagement agreement.

Unless otherwise agreed in writing:

A 50% deposit is required before work begins
The remaining balance is due on completion and before launch or final handover
Deposits reserve project capacity and are non-refundable once work has begun
Invoices are payable within the period stated on the invoice
VAT will be added where applicable

RED Marketing may pause work where an invoice is overdue.

The website may remain on staging and may not be launched, transferred or handed over until all amounts due for the project have been paid.

RED Marketing reserves its statutory rights in respect of late commercial payments, including interest and eligible debt-recovery costs.

Cancellation and Termination

Either party may terminate a project where the other party commits a material breach and does not remedy that breach within a reasonable period after written notice.

The Client may cancel a project by written notice.

Where the Client cancels after work has begun:

The deposit will not normally be refunded
All completed work and committed third-party costs will become payable
Work completed beyond the deposit value will be invoiced
Deliverables may be withheld until outstanding amounts are paid

RED Marketing may terminate or suspend the engagement where:

Payments are overdue
The Client repeatedly fails to provide required information or approval
The Client requests unlawful, misleading or infringing content
Working conditions become abusive or unreasonable
Continuing the project could expose RED Marketing to legal or reputational harm

Intellectual Property

The Client retains ownership of materials it supplies to RED Marketing.

Once all invoices relating to the project have been paid in full, the Client will own the final bespoke website designs, approved copy and project-specific creative deliverables produced specifically for the Client.

The transfer does not include:

RED Marketing’s pre-existing intellectual property
General methods, processes, know-how or frameworks
Reusable code, components or development techniques
Proposal and pricing templates
Third-party software
Open-source software
Plugins and themes
Stock photography, fonts or licensed assets
Materials supplied under a third-party licence

Third-party materials remain subject to their respective licence terms.

RED Marketing may display the completed work in its portfolio, website, proposals, awards entries and marketing materials unless the Client requests otherwise in writing for legitimate confidentiality reasons.

Confidentiality

Each party will keep confidential information received from the other party secure and will not disclose it except where required to perform the services or by law.

RED Marketing may share relevant project information with its employees, consultants and approved subcontractors who need access to complete the work, provided they are subject to appropriate confidentiality obligations.

This clause continues after the engagement ends.

Data Protection

Each party will comply with applicable UK data-protection legislation.

The Client is normally responsible for deciding what personal information its website collects, why it is collected and how it will be used.

Where RED Marketing processes personal information solely on the Client’s instructions, RED Marketing will:

Use the information only as required to provide the services
Take reasonable steps to protect it
Restrict access to people who need it for the project
Notify the Client of a material data-security incident affecting information under RED Marketing’s control
Delete or return project data where reasonably requested, subject to legal and operational retention requirements

The Client is responsible for providing suitable privacy notices, consent wording, cookie information and lawful processing instructions.

Any specialist legal, privacy or compliance advice is outside RED Marketing’s scope unless expressly agreed.

Security

RED Marketing will apply reasonable development and security practices appropriate to the agreed scope.

No website, hosting environment, plugin or online system can be guaranteed to be completely secure or continuously available.

The Client is responsible for:

Maintaining secure passwords
Limiting administrator access
Keeping licences and subscriptions active
Following security recommendations
Avoiding unapproved or unsupported changes
Informing RED Marketing promptly of suspected security issues

Security monitoring, malware removal, incident response and advanced protection are included only where specified in a maintenance or support agreement.

Website Maintenance and Support

Post-launch maintenance is not included unless expressly stated in the quotation.

Where a maintenance retainer is purchased, the applicable proposal will set out:

The monthly fee
Included services
Fair-usage or time allowance
Response expectations
Exclusions
Notice period

Maintenance may include services such as:

WordPress core and plugin updates
Backups
Light performance checks
Minor content updates using supplied materials
Plugin-conflict investigation
Routine technical support

Unless expressly included, maintenance does not cover:

Redesign work
New pages or functionality
Copywriting or content creation
SEO campaigns
Advanced development
Malware recovery
Repairs resulting from changes made by the Client or another supplier
Hosting or third-party licence costs
Out-of-hours support

Unused maintenance time does not roll over unless the relevant agreement expressly provides an annual fair-usage allowance.

Backups

Where backups are included, RED Marketing will take reasonable steps to maintain them according to the agreed plan.

Backups cannot be guaranteed to capture every real-time change or transaction.

The Client should retain independent copies of important website content, databases and business records.

Where a website issue is caused directly by maintenance work performed by RED Marketing, we will use reasonable efforts to restore the most recent suitable backup without an additional labour charge.

Where an issue results from the Client, another supplier, a third party, malware, hosting failure or circumstances outside RED Marketing’s control, recovery work may be charged separately.

Changes by the Client or Third Parties

RED Marketing is not responsible for defects, downtime or compatibility problems caused by:

Changes made by the Client
Changes made by another agency, developer or supplier
Unsupported plugins or themes
Expired licences
Hosting changes
Malware or unauthorised access
Third-party software updates
Failure to follow technical recommendations

Time spent identifying or correcting these issues will be charged at the applicable rate once approved.

Warranties and Results

RED Marketing will perform the services with reasonable care and skill.

We do not guarantee:

Specific search-engine positions
A particular volume of traffic, enquiries or sales
Continuous website availability
Compatibility with every future browser, device or platform
Performance of third-party services
Approval by advertising, payment, social-media or search platforms
Commercial success resulting from the website

The Client remains responsible for its business decisions and for confirming that the website is suitable for its operational and regulatory requirements.

Limitation of Liability

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to the above, RED Marketing will not be liable for:

Loss of profit, revenue, business, opportunity, goodwill or anticipated savings
Indirect or consequential loss
Loss caused by third-party services or hosting providers
Loss caused by Client-supplied content or instructions
Loss caused by unauthorised changes
Loss of data where the Client has not maintained appropriate independent records or backups

RED Marketing’s total liability arising from a project will not exceed the fees paid to RED Marketing for the specific service giving rise to the claim during the 12 months preceding the event, unless a different limit is stated in the project agreement.

Indemnity for Client-Supplied Materials

The Client will be responsible for claims arising from materials, instructions or data supplied by the Client that:

Infringe third-party rights
Are unlawful, defamatory or misleading
Breach privacy or data-protection obligations
Lack the required permissions or licences

This does not apply where the claim arises directly from RED Marketing’s unauthorised alteration or misuse of the supplied material.

Subcontractors

RED Marketing may use employees, freelancers, consultants and specialist subcontractors to deliver parts of the services.

RED Marketing will remain responsible for managing the agreed services and will take reasonable steps to ensure that subcontractors comply with relevant confidentiality and data-protection obligations.

Force Majeure

Neither party will be liable for delay or failure caused by circumstances beyond its reasonable control, including power or internet failure, hosting outages, cyber incidents, industrial action, illness, natural disasters, government restrictions or failure of a key third-party supplier.

The affected party will notify the other party and resume performance as soon as reasonably possible.

Notices

Formal notices relating to payment, cancellation, termination or legal matters should be sent by email to the contact stated in the quotation or engagement agreement.

A notice will be treated as received on the next working day after sending, provided no delivery-failure message is received.

Entire Agreement

The approved quotation, project agreement and these terms form the agreement between RED Marketing and the Client concerning the services.

They replace earlier discussions or representations relating to the same scope, except where both parties agree otherwise in writing.

No variation will be effective unless confirmed in writing by both parties.

Severability

If any provision is found to be invalid or unenforceable, the remaining provisions will continue in effect.

No Waiver

A delay or failure to enforce a right does not waive that right.

Governing Law

These terms and any dispute arising from them will be governed by the laws of England and Wales.

The courts of England and Wales will have exclusive jurisdiction, unless the project agreement expressly states otherwise.

Contact

Questions about these terms may be sent to:

Daniel Calbacho trading as RED Marketing UK
78 York Street
London
[Insert postcode]
United Kingdom

Email: info@redmarketing.biz
Telephone: +44 7874 160 831

Last updated: 26 June 2026