1. About these terms
These terms are issued by Green Tide, based in Essex, United Kingdom. References to “we”, “us” and “our” mean Green Tide. References to “you” and “your” mean the person, business or organisation using the website or buying services from us.
These terms apply alongside any written quotation, proposal, statement of work, order confirmation, project schedule or service description we provide. Where a project document expressly conflicts with these terms, the project document will take priority for that specific point. Nothing in these terms removes any legal rights that cannot lawfully be excluded or restricted.
2. Definitions
In these terms:
- Deliverables means the designs, website pages, code, graphics, written materials or other work specifically listed in our quotation.
- Project means the agreed website design, development or related work.
- Services means the Project and any hosting, maintenance, support, content, branding or related services we agree to provide.
- Customer Content means text, images, logos, videos, data, trademarks and other materials supplied or approved by you.
- Third-Party Services means products or services supplied by somebody other than us, including domain registrars, hosting providers, analytics platforms, fonts, plugins, booking systems, payment services and social-media platforms.
3. Using this website
You may use this website for lawful purposes and to learn about our services, review our work and contact us. You must not misuse the website, attempt to gain unauthorised access, introduce malicious code, interfere with its operation, scrape it at an unreasonable scale, impersonate another person, or use the website in a way that infringes the rights of another person.
Website content is provided for general information. It is not legal, financial, regulatory or professional advice. Although we try to keep information accurate and current, we do not promise that every page will always be complete, error-free or available without interruption.
4. Quotes and proposals
A quotation or proposal is normally valid for the period stated in it. If no period is stated, it is valid for 30 days from its date. A quote is based on the information available when it is prepared. We may revise it if the scope, assumptions, timetable, required functionality, volume of content, integrations or technical circumstances change.
Estimates are not fixed prices unless we expressly describe them as fixed. Third-party fees, taxes, domain charges, premium fonts, licences, stock media, paid plugins, advertising spend and similar external costs are excluded unless the quotation specifically says otherwise.
5. When a contract is formed and what is included
A contract is formed when you accept our quotation or proposal in writing, pay a requested deposit, instruct us to begin, or otherwise confirm that you wish to proceed. The contract covers only the work expressly described in the accepted quotation and these terms.
Examples, concept descriptions, mock-ups and discussions are not an agreement to provide every feature shown or mentioned unless that feature is included in the agreed scope. We may use reasonable technical methods, tools and suppliers of our choice to deliver the Services.
6. Your responsibilities
You agree to:
- provide accurate instructions, decisions, access details, content and feedback within a reasonable time;
- appoint a person with authority to approve work and make decisions;
- check names, prices, claims, contact details, opening hours, legal wording and all other factual content before approval;
- keep copies of important business data and credentials supplied to us;
- obtain all permissions, licences and consents needed for Customer Content;
- tell us about any regulatory, accessibility, security or industry-specific requirement that applies to your business; and
- use the completed website lawfully and maintain any licences, notices or consents required for your own activities.
We are not responsible for delay, additional cost or reduced performance caused by late, incomplete or inaccurate information, inaccessible accounts, delayed approvals or a failure to meet these responsibilities.
7. Content, claims and materials
You are responsible for the legality, accuracy and suitability of Customer Content and for any products, services, claims or statements promoted on the website. You warrant that our possession and use of Customer Content for the Project will not infringe copyright, trade marks, privacy, confidentiality or any other rights.
Where we help draft or edit content, that assistance does not transfer responsibility for checking factual accuracy, mandatory disclosures, professional claims or sector-specific compliance. We may refuse to use content that appears unlawful, misleading, defamatory, discriminatory, unsafe or infringing.
8. Fees, deposits, invoices and payment
You must pay the fees and instalments stated in the quotation. Unless stated otherwise, invoices are due within 14 days. Deposits reserve project time and allow work to begin. We may pause work, withhold files, prevent launch, suspend hosting or remove access to unpaid Services if an invoice is overdue.
Fees are exclusive of VAT unless expressly stated otherwise. You are responsible for bank charges, currency conversion fees and any taxes or duties properly payable by you. We may charge statutory interest and reasonable recovery costs on overdue commercial debts where permitted by law.
9. Revisions, changes and work outside scope
The quotation may include a stated number of design revisions. A revision means a reasonable adjustment to the agreed direction; it does not include a new concept, a substantial redesign, additional pages, new functionality or a change of brief after work has begun.
We will tell you when a request appears outside scope. Additional work may be quoted separately or charged at an agreed hourly or daily rate. We are not required to begin additional work until its price and effect on the timetable have been agreed.
10. Project timings and delays
Any delivery date is an estimate unless we expressly agree in writing that it is a fixed deadline. Timings depend on prompt content, feedback, approvals, payment and third-party availability. If you delay a Project, we may move it to the next available production slot and revise the delivery schedule.
If a Project remains inactive because we are waiting for you for more than 30 days, we may invoice completed work, close the active production slot and require a restart fee before resuming.
11. Free first design or concept work
Where we offer a free first design, it is a limited introductory concept intended to demonstrate a possible direction. It is not a complete website, a promise to provide unlimited alternatives, or permission to copy, publish, rebuild or commission another supplier to reproduce the concept.
Unless we agree otherwise in writing, all rights in unpaid concept work remain with us. You receive rights to use the final agreed Deliverables only after the applicable contract has been accepted and all relevant invoices have been paid.
12. Testing, approval and launch
Before launch, you must review the website on suitable devices and browsers and notify us of material errors within the review period we provide. Approval may be given expressly or inferred when you instruct us to launch, publish the website yourself, or fail to raise material issues within a reasonable review period.
After approval, corrections to items that match the approved work may be treated as additional work unless covered by an agreed warranty or maintenance service. Minor differences between browsers, devices and screen sizes are normal and are not necessarily defects.
13. Intellectual property and portfolio use
You retain ownership of Customer Content. We retain ownership of our pre-existing methods, reusable code, systems, templates, know-how, utilities and development tools. Once all relevant fees are paid, we grant or transfer the rights in the final bespoke Deliverables described in the quotation to the extent stated there.
Third-party assets remain subject to their own licences. Unless you ask us in writing before the Project begins and we agree otherwise, we may identify ourselves in a discreet website credit and display non-confidential work in our portfolio, proposals, social media and marketing materials.
14. Third-party services, software and integrations
A website may depend on Third-Party Services. Their availability, security, pricing, features and terms are controlled by their providers. We do not guarantee that a third-party product will remain available, unchanged or compatible forever.
You may need to create accounts, accept provider terms and pay ongoing fees directly. We are not liable for a third party’s outage, data loss, policy change, suspension, security incident or service withdrawal, although we will provide reasonable assistance where that assistance is included in your support plan or separately agreed.
15. Domains, hosting, email and account access
Domain names and hosting services may be registered in your name, our name or through a supplier, depending on the agreed arrangement. Domain availability is not guaranteed until registration is complete. Renewal fees must be paid when due to avoid suspension or loss.
Hosting is provided subject to reasonable usage, security and supplier restrictions. No internet service can be guaranteed to be continuously available or completely secure. Email delivery and inbox placement are also affected by external networks, sender reputation and recipient systems, and cannot be guaranteed.
16. Search engines, advertising and commercial results
We may apply good-practice technical and content structures, but we do not guarantee a particular search ranking, traffic level, number of enquiries, conversion rate, revenue figure, advertising result or return on investment. Search engines and advertising platforms use systems that we do not control and may change them without notice.
17. Maintenance, support and security
Ongoing maintenance, content changes, backups, software updates, monitoring and security work are included only where stated in the quotation or an active support plan. Without ongoing maintenance, you are responsible for keeping the website, accounts and third-party tools current and secure after handover.
Support does not include unlimited redevelopment, recovery from changes made by you or another supplier, or work required because a third-party platform has materially changed, unless expressly included.
18. Consumer cancellation rights
Most of our customers buy services for business purposes. If you are an individual buying wholly or mainly outside your trade, business, craft or profession, you may have statutory consumer rights, including a 14-day cancellation period for certain distance contracts.
If you expressly ask us to begin Services during that cancellation period and then cancel, you may have to pay a proportionate amount for Services supplied up to cancellation. Where the Services are fully performed after your express request and acknowledgement, the statutory right to cancel may end. This section does not limit any non-excludable consumer right.
19. Suspension and termination
Either party may terminate a Project if the other commits a serious breach and, where the breach can be corrected, does not correct it within 14 days after written notice. We may suspend or terminate immediately for unlawful use, abusive conduct, security risk, insolvency, repeated late payment or non-payment.
On termination, you must pay for work completed, committed third-party costs and any non-cancellable services up to the termination date. Rights already granted remain conditional on full payment. Provisions intended to continue, including payment, confidentiality, intellectual property and liability provisions, will survive termination.
20. Warranties and limitation of liability
We will provide the Services with reasonable care and skill. Except for rights and obligations that cannot lawfully be excluded, all other terms, conditions and warranties implied by law are excluded to the fullest extent permitted.
We are not liable for indirect or consequential loss, loss of profit, revenue, business, opportunity, goodwill, anticipated savings or data, or for losses caused by Customer Content, your instructions, third-party services, unauthorised changes, malware introduced outside our control, or failure to maintain backups and security.
Our total aggregate liability arising from a Project will not exceed the total fees paid or payable to us for that Project during the 12 months preceding the event giving rise to the claim. Nothing in these terms excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot legally be excluded or limited.
21. Confidentiality, notices and general terms
Each party must keep the other party’s confidential information secure and use it only for the contract, except where disclosure is required by law or to professional advisers and suppliers who need the information and are bound by appropriate duties.
We may subcontract parts of the Services while remaining responsible for our contractual obligations. You may not transfer the contract without our written consent. A delay in enforcing a right is not a waiver. If a provision is invalid, the remaining provisions continue in force. No person other than the parties has a right to enforce the contract under the Contracts (Rights of Third Parties) Act 1999.
We are not responsible for failure or delay caused by circumstances outside our reasonable control. These terms and the agreed project documents form the entire agreement concerning the Services and replace earlier discussions about the same subject.
English law governs the contract. The courts of England and Wales have jurisdiction, subject to any mandatory consumer right to bring proceedings elsewhere. Questions or formal notices should be sent to hello@greentide.co.uk or to our stated business address.