The terms, in plain English.

01About these terms

1.1Who I am

I’m Karl Chevalier, a sole trader based in the United Kingdom. In these terms, “I”, “me” and “my” mean me. My business address is Spring Bank Farm, Tan Yard Brow, Gorton, M18 8UJ. The quickest way to reach me about anything in these terms is the contact form on my website, or by replying to any email I’ve sent you.

1.2Who “you” are

“You” means the person or business ordering from me. If you’re ordering for a business, a management company or another person, you confirm that you’re authorised to agree to these terms on their behalf.

1.3What these terms cover

These terms apply to:

• website builds: for creators, Creator, Creator Commerce and Creator Membership; for businesses, Brochure, Business and E-commerce; plus any extras;
• Care, the monthly managed hosting and support service that comes with every website: Creator Care for creator websites and Website Care for business websites;
• SEO work, such as technical SEO audits, local SEO, website migrations and ongoing SEO;
• my referral programme and agency partnerships (section 16), including for people who refer someone to me without ordering anything themselves; and
• any other work I agree in writing to do for you.

1.4What makes up our contract

Our contract is made up of:

• these terms;
• your Order: the options, price and details confirmed at checkout, or a written quote you accept; and
• your Project Plan: the written plan and timeline I send after reviewing your Order.

If they conflict, the Project Plan takes priority over the Order, and the Order takes priority over these terms. Nothing in a Project Plan or Order reduces your rights under section 7 (cancellations and refunds) or section 13 (your legal rights as a consumer).

1.5Consumers and businesses

Some of these terms work differently depending on whether you’re a consumer or a business, and where they do, they say so. You’re a consumer if you’re an individual buying wholly or mainly for purposes outside your trade, business, craft or profession. If you’re buying a website for your business, as most clients are, you’re a business customer. If you’re not sure which you are, ask me.

1.6You need to be 18 or over

If you’re under 18, a parent or guardian must place the order, and they become the client under these terms. I’m happy to build for younger creators. The contract just needs to be with an adult.

1.7Language and copies

These terms and our contract are in English. I’ll email you a copy of these terms with your order confirmation, and you can print or save this page at any time.

1.8Changes to these terms

I may update these terms from time to time. The version in force when you place your Order applies to that build. Care continues month to month, so I may change the terms that apply to it to reflect changes in the law, in the providers I use or in how I run the service. I’ll give you at least 30 days’ notice by email. If you don’t want to continue under the new terms, you can cancel Care before they take effect, and the fee for taking your website with you won’t apply (5.11).

1.9A few words with set meanings

Care is the monthly hosting and care that comes with every website I build: Creator Care for creator websites and Website Care for business websites.

Launch is the day your new website goes live on your domain. A working day is Monday to Friday, excluding bank holidays in England. In writing includes email.

02How your order becomes a contract

2.1Ordering

You can order by configuring your website in the website builder for creators and completing checkout, or by accepting a written quote from me. Business websites are always quoted: ask for a quote and I’ll send one in writing, open for 30 days unless it says otherwise. Before you check out, the order summary shows everything you’ve chosen and the total. You can change any option, correct any detail or leave the page at any point before you pay. If you spot a mistake after checking out, email me straight away and I’ll correct it.

2.2When the contract is made

By completing checkout, you’re offering to buy your website build and Care on these terms. Our contract is made when I email you to confirm your Order, which I normally do straight after checkout. Payment is taken at checkout. If I don’t confirm your Order, I’ll refund your payment in full. If you accept a written quote, our contract is made when you accept it in writing, and I’ll confirm by email.

2.3Reviewing your project

Within three working days of your Order, I’ll review your brief, your channels and anything you’ve sent me. I’ll then either send you your Project Plan, which sets out in plain English what I’m building, in what order and the dates for each stage, or come back to you with questions first. If you’ve accepted a written quote, I’ve already reviewed your project, so I’ll send your Project Plan within five working days of receiving your first payment.

2.4If the price needs to change

The price in your Order is the price. The exception is when my review shows that something you’ve asked for is bigger than, or different from, what the builder’s options describe. Examples include an item marked “Quoted”, a site with more than 20 pages, or functionality that isn’t part of the build you chose. If that happens, I’ll tell you in writing, before any work starts, what needs to change and why. You can accept the new price, drop the item, or cancel for a full refund.

2.5If I can’t take your project on

I take on a limited number of projects at a time, and occasionally a project isn’t one I can do well. If, after reviewing it, I can’t take your project on, I’ll tell you within three working days of your Order. That might be because I’m fully booked for the dates you need, or because it isn’t something I can build to the standard I’d want. I may offer you a later start date. If that doesn’t suit you, or I can’t offer one, I’ll refund everything you’ve paid, in full, within 14 days.

2.6Quoted extras

I won’t start anything priced as “Quoted” in the builder, or any bespoke work you describe in your brief, until I’ve given you a fixed price in writing and you’ve accepted it. If you decide not to go ahead with a quoted item, it’s left out.

2.7A fixed price

Once I’ve confirmed the price of your build in writing, it won’t change unless you ask for something that isn’t in your Order or Project Plan (see 4.4).

03Prices and payment

3.1Prices

All prices are in pounds sterling and include any VAT that applies. Prices marked “from” on this website are starting prices. The price that applies to you is the one in your confirmed Order.

3.2Paying for your build

If you order through a website builder’s checkout, the build fee is paid in full at checkout. If you accept a written quote, you pay as the quote sets out. If it doesn’t say, half is due when you accept it and the rest when your website is ready to launch (4.9), whether or not you’re ready to launch it then. Invoices are due within 7 days. I start work once your first payment has arrived, and your website launches once every build payment has been made. If a payment is late, I may pause work until it’s paid, after telling you in writing, and the dates in your Project Plan move to my next available slot.

3.3Paying for Care

Care is paid monthly in advance. It starts on Launch day, and your first 30 days are free: the first payment is taken 30 days after Launch day, and the following payments on the same date each month. Payments are collected automatically by my payment provider (currently Stripe) using the payment method you give at checkout. Nothing is charged for Care before then.

3.4Costs paid to other companies

Some of the things your website relies on are billed to you directly by the companies that provide them, not by me. These include renewals for a domain you already own, email mailboxes, payment processing fees on your shop or memberships, a Shopify plan if your shop runs on Shopify, video hosting, and any paid apps, newsletter tools, fonts or stock images you choose to use. I’ll always tell you before you take on any of these costs. If I buy something on your behalf with your agreement, you’ll repay me what it actually cost, with no mark-up. A domain I register for you is different: I pay for it while I host your website, and it sits in my name until you move, when I transfer it to you free of charge (5.10).

3.5Referral, partner and charity discounts

A valid referral code takes a percentage off your build fee (currently 20%). A partner agency’s code takes a larger percentage off it instead (currently 25%, or more on a roster deal: 16.8). Neither applies to Care. Only one code can be used per Order, and not by the person or agency it belongs to. It must be entered at checkout, or given to me before you accept a written quote, and it can’t be added afterwards or exchanged for cash. If a refund is due, it’s worked out on what you actually paid.

A registered charity buying a business website for the charity itself can have a charity discount instead (currently 25% off the build fee). It’s for charities registered with the Charity Commission for England and Wales, the Scottish Charity Regulator (OSCR) or the Charity Commission for Northern Ireland. To claim it, tick the box when you ask for a quote and give the charity’s registered number. I check the number on the register before I send your quote, which shows the discount. If it isn’t there, or the charity isn’t the one buying, the discount doesn’t apply. The charity discount doesn’t apply to Care and can’t be used with a referral or partner code.

3.6If Care isn’t paid

Care is your website’s hosting, so your site only stays online while it’s paid. If a payment fails, my payment provider will retry it automatically and I’ll let you know.

• For 30 days from the date the payment was due, your website stays live. I’ll remind you at least 7 days before the 30 days are up.
• If it’s still unpaid after 30 days, your hosting stops, your website goes offline and Care ends. The unpaid amount is still owed.
• For a further 30 days, I’ll keep a copy of your site. Pay what’s owed within that time and I’ll put it back online. Your content and data are still yours to have (5.12).

3.7Late payment (businesses)

If you’re a business customer and an amount isn’t paid by its due date, I may claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.

3.8Changes to Care prices

I may change Care prices by giving you at least 30 days’ notice by email, and not more than once in any 12-month period. If you don’t want to pay the new price, you can cancel before it takes effect, and the moving fee won’t apply (5.11).

04Building your website, and SEO work

4.1What’s included

If you order through a website builder’s checkout, your build includes everything described for that build on this website when you placed your Order, and the options in your Order. If you accept a written quote, your build includes what the quote describes: what this website says each website usually includes is a general guide to what a quote covers, and the quote is what counts (if you’re a consumer, this doesn’t affect your rights in section 13). Either way, anything added in your Project Plan is included too. The Project Plan holds the detail: pages, features, stages and dates.

4.2How I’ll do the work

I’ll do the work myself, with reasonable care and skill, to a professional standard and in line with your Order and Project Plan. If I ever need specialist help with part of a project, such as illustration or copywriting, I’ll ask you first. You’ll get updates at each stage and a private preview link that updates as the build goes along.

4.3Design changes

You’ll see a first design concept early, before development starts, and we’ll settle the look together. Your Project Plan says how many rounds of design changes are included. If it doesn’t say, two rounds are included. Once you’ve approved the design, any further design changes are change requests (4.4).

4.4Change requests

If you ask for something that isn’t in your Order or Project Plan, such as a new page, a new feature or a change to an approved design, I’ll tell you in writing what it would cost and how it would affect the timeline before I do it. Nothing extra is charged unless you’ve agreed to it in writing, and email is fine for that.

4.5Timelines

The dates in your Project Plan are my honest estimate, and I work to meet them. They depend on you sending content, feedback and approvals on time (4.7). If I’m going to miss a date, I’ll tell you as soon as I know and give you a revised one. If you’re a consumer and I don’t complete the work within the agreed time, or within a reasonable time if no time was agreed, you have the rights in section 13.

4.6Rush delivery

If you’ve paid for rush delivery, we’ll agree a firm Launch date in your Project Plan. It depends on you sending content, feedback and approvals on time (4.7). If I miss it for a reason within my control, I’ll refund the rush delivery fee. If you’re a business, that refund is the full remedy for a missed rush date.

4.7What I need from you

To keep your project on schedule, you agree to:

• send the content, brand files, product details and logins your build needs by the dates in your Project Plan;
• give feedback and approvals within the times set out there, or within 5 working days if no time is set;
• make sure the information you give me is accurate; and
• name one person to make decisions, if more than one of you is involved.

4.8If the project stalls

If I’m waiting on you and the timeline slips, I’ll move your dates to my next available slot. If I haven’t heard from you for 30 days, despite at least two reminders by email, I may close the project by telling you in writing. That’s treated as if you’d cancelled on the day I close it: the cancellation charge in 7.4 for the stage your project has reached applies, and I’ll refund the rest. If you want to pick it up again later, I’ll quote for finishing it.

4.9Review and Launch

Before Launch, I’ll ask you to review the full site on the private preview. I won’t launch without your go-ahead. Once you give it and the site goes live, the build is complete. If the full site is ready on the private preview and you haven’t given me the go-ahead, or told me what needs changing, within 10 working days of my asking, the build counts as complete: any build payment still due becomes payable, and anything you ask to change after that is a change request (4.4). I’ll still only launch when you say so.

4.1030 days of aftercare

For 30 days after Launch, if anything doesn’t work as agreed in your Order or Project Plan, tell me and I’ll fix it free of charge, as a priority. Aftercare comes on top of Care and covers big fixes as well as small ones.

4.11After the aftercare period

If something I built later turns out not to have been built with reasonable care and skill, I’ll still put it right at no cost to you. Other problems are handled as Care small changes if they’re small, or quoted if they’re not. That covers changes to what we agreed, and problems caused by something other than my work, such as changes made by you or someone else, updates to other companies’ services, or new browser versions. If you’re a business, putting right something I built applies to problems you tell me about within 90 days of Launch; after that, they’re handled as Care small changes, or quoted.

4.12What I don’t provide

I’m a web professional, not a lawyer, accountant or tax adviser. I can set up the pages your website needs, such as a privacy policy, shop terms or a returns policy, using wording you provide or approve. I don’t give legal, tax or financial advice, and what those pages say is your responsibility (see 6.4).

4.13Upgrading later

If you upgrade to a bigger build, such as from Creator to Creator Commerce, you pay the difference between the build prices at the time you upgrade, plus any extras you add. A business website’s upgrade, such as from Brochure to Business, is quoted for the work it needs. Care moves to the matching level from the day the upgraded site goes live. Each upgrade is a new Order under these terms.

4.14My portfolio

I may show your finished website in my portfolio, case studies and marketing, with screenshots and a description of the work I did, unless you ask me not to. You can ask at any time, and I’ll take it down. I’ll only quote you, or share figures from your analytics or sales, with your permission, and never anything confidential (section 10).

4.15SEO work

If your Order includes SEO work, such as a technical SEO audit, local SEO, a website migration or ongoing SEO, your quote sets out what’s included. I’ll do it with reasonable care and skill, using recognised methods and the evidence available, such as your Search Console and analytics data. Audit reports and recommendations are yours to use in your business and to share with your team and your developer. My methods, templates and tools stay mine (8.4).

4.16No guaranteed results

Search engines decide rankings, and they change how they do it often. Results also depend on your competitors, your content, your website’s history and other things outside my control. So I don’t promise any particular ranking, amount of traffic, number of enquiries or level of sales, and SEO work isn’t refundable because results take longer than hoped or don’t arrive. That doesn’t affect your rights if the work itself wasn’t done with reasonable care and skill (7.8, and section 13 if you’re a consumer).

4.17When someone else works on your website

If your website is built, hosted or changed by someone else, I’m responsible for my advice and my own work, not for how they carry it out, for changes they make or for problems on their side. On a website migration for a website someone else is building, I provide the plan, the redirect map and the checks, and the developer is responsible for building and launching the website.

4.18Ongoing SEO

Ongoing SEO is paid monthly in advance. It runs for the minimum term in your quote, then month to month until either of us gives at least 30 days’ notice in writing. If you’re a business and you end it during the minimum term, the monthly fees for the rest of the minimum term are still due. If you’re a consumer, you can end it at any time with 30 days’ notice.

05Care, your domain and leaving

5.1Why it’s included

Every website I build is hosted and managed by me through Care, at the level that matches your build. Keeping your website on my own servers, with its domain managed alongside it, is how I keep it fast and secure and make your changes quickly, so it’s the only way I look after websites. Care is your website’s hosting: your site stays online while Care continues, and goes offline when it ends, unless you’ve moved it elsewhere (5.11). Care starts on Launch day and continues month to month until either of us ends it (5.9 and 5.14).

5.2What it includes

Care includes what the Creator Care page (for creator websites) or the Website Care page (for business websites) described for your care level when you placed your Order. I may change how I provide it, for example by moving to a better hosting provider, as long as that doesn’t reduce what you get. If I ever need to reduce what’s included, I’ll give you at least 30 days’ notice. You can cancel before the change, and the moving fee won’t apply (5.11).

5.3Small changes

Care includes reasonable small changes on request. A small change is a job rather than a project: updating text, swapping an image, changing a price, adding a link or posting an announcement. As a rough guide, it’s something that takes me no more than about 30 minutes. New pages, redesigns and new features aren’t small changes. I’ll quote for those, except landing pages for brand deals and campaigns, which have a fixed price (currently £295 each). I’ll always tell you which kind something is before I do it. As a guide, small changes in a month shouldn’t add up to more than about an hour on Brochure Care and Creator Care, or about two hours on the other Care levels. If they’re going to, I’ll tell you before doing more, and quote for anything further that month. Unused time doesn’t carry over.

5.4Response times

I aim to reply to Care messages within one working day, or on the same working day for Creator Membership Care. When you ask for a change, I’ll tell you when it will be done. These are targets I take seriously, not guarantees, and I’ll always tell you if something will take longer. Urgent problems always come first: your site being down, or checkout or logins not working.

5.5Availability

I aim to keep your website available at least 99.9% of the time. That’s a target, not a guarantee. Planned maintenance (which I’ll tell you about in advance where I can), failures of other companies’ services and events outside my control (section 14) can all cause interruptions. If something goes wrong, I’ll explain what happened in plain English, including when the cause was something I did.

5.6Backups

I keep daily backups for 30 days, and keep the published versions of your site so that any of them can be put back. Backups are a safety net, not a guarantee. Please keep your own copies of anything irreplaceable, such as original photos, videos and product information, and export your orders and member lists from time to time.

5.7Other companies’ services

Your website will use services that you have with other companies, such as payment providers, email providers, video hosts, newsletter tools and social platforms. Your use of them is covered by their terms, between you and them. I’ll set them up and help you with them, but I’m not responsible for their outages, their fees, decisions they make about your account (such as a payment provider holding funds) or changes they make to their services. If one of those changes breaks part of your site, fixing it is covered by Care if it’s a small change, and quoted if it’s not.

5.8Access

You’ll give me the access I need to look after your site, and I’ll use it only for that. I’ll never lock you out of your own accounts or change who owns them.

5.9Cancelling Care

You can cancel Care at any time by emailing me, or through the billing portal if I’ve given you one. There’s nothing to pay to cancel. Cancellation takes effect at the end of the monthly period you’ve already paid for, and I don’t refund part-months. Your website stays live until the end of that period. After that it goes offline, unless you’ve moved it elsewhere (5.11).

5.10Your domain

Your website’s address (its domain) is yours, whichever way it’s set up. While I host your website, I manage its domain settings, such as its DNS and security, alongside your hosting. That’s what keeps your site fast and secure, and lets me make changes quickly.

• If you already have a domain, it stays registered to you with your own domain company. You pay its renewal fees, and I manage its settings as part of Care. If you leave, it goes with you at no charge.
• If you don’t have one, I’ll register one for you and pay for it, including renewals, for as long as I host your website. While I host your site, it’s registered in my name so I can manage it for you, but it’s yours: I promise that when you move away, I’ll transfer it to you or your chosen domain company, free of charge. From then on, it’s registered to you and you pay its renewals.

This covers standard domains. If the name you want is a premium domain costing more than £50 a year, I’ll tell you the price before registering it, and we’ll agree in writing who pays for it.

Your website and any email addresses on your domain depend on it. If Care ends and you haven’t asked me to transfer a domain I registered for you, I’ll keep it registered for 12 months, so you can still ask me to. During that time I won’t use it for anything else or sell it to anyone else. After that, I may stop renewing it, and it will expire.

5.11Moving your website elsewhere

You can take your website to another host at any time. Your website and domain are already yours (section 8), so you never pay for them. The only cost is my time packing up your website and handing it over:

The Website Transfer Package. Once you’ve paid the £495 Website Transfer Fee, I’ll pack up your website and send it to you within 5 working days as a zip file, by a secure download link. It contains your website’s own files (its code, design files, images and content) and exports of its data, but not my own server code (8.4). The fee is for my time doing that work, not for the website itself, which is already yours (8.2). If I registered your domain, I’ll transfer it at the same time, free of charge.

Things may not just work somewhere else. I’ll happily pack up your website and send you everything that’s yours, but I can’t promise it will all work once it leaves my servers. Some features, such as forms, your shop’s checkout or member logins, may run on my own proprietary code on my servers. That code is mine and isn’t included in the package (8.4), so getting those features working elsewhere may mean rebuilding them or replacing them with another service, and some may need their own accounts with a new host.

What happens after that is up to you. I don’t set websites up with other hosting providers, move them for you, or support them once they’ve left Care. From the moment your website isn’t hosted by me, running it (hosting, security, updates, backups and fixes) is down to you or whoever you choose.

When the fee doesn’t apply. The £495 fee is waived if I end Creator Care (5.14), or if you leave because you don’t accept a change I’ve given you notice of under 1.8, 3.8 or 5.2 and you tell me before it takes effect.

5.12When your website leaves Care

Whatever the reason Care ends, your content and your website’s data are yours. Ask me before it ends, or within 30 days afterwards, and I’ll send you a copy free of charge. Your accounts with other companies, such as payment, analytics and email mailboxes, stay yours, and I’ll remove my access.

Your website goes offline when Care ends, unless you’ve moved it. I’ll delete my copies of your site and its data, including backups, within 30 days after Care ends, unless you ask me to keep them longer or the law requires me to. If you’d like a copy of the website itself before then, ask for the Website Transfer Package (5.11).

5.13Suspension

I may suspend part or all of Care:

1. straight away, if that’s needed to deal with a security threat, to protect your site or other sites I host, or to comply with the law; or
2. if your website is being used in a way that breaks section 9.

I’ll tell you why, keep any suspension as short and limited as I can, and restore the service as soon as the reason for it is resolved. What happens if Care isn’t paid is set out in 3.6.

5.14If I end Care

I can end Care by giving you at least 60 days’ notice in writing, for example if I’m winding down the business. If I do, I’ll send you the Website Transfer Package and transfer any domain I registered for you, free of charge. I can also end it by notice if you seriously break these terms and don’t put things right within 14 days of me asking you to, or straight away if you’ve seriously or repeatedly broken section 9. In those cases, the normal fee in 5.11 applies.

06Your content, accounts and customers

6.1Your content is yours

Everything you give me for your website stays yours: words, photos, videos, logos, products and data. You give me permission to use, copy, edit and publish it as needed to build and look after your website, for as long as I’m doing that.

6.2Your promises about your content

You confirm that:

• you own your content or have permission to use it on your website, including music, images, footage, fonts you supply, testimonials and the logos of brands you’ve worked with;
• it’s accurate and lawful, and doesn’t infringe anyone’s rights or defame anyone; and
• your website’s advertising and sponsored content will follow the rules that apply to you, such as the UK Code of Non-broadcast Advertising (the CAP Code) on making ads clearly identifiable.

6.3Accounts in your name

The accounts your website depends on, such as analytics, Search Console, payment and email accounts, are set up in your name, with you as the owner. I have administrator access to them; I never have ownership of them. Your domain is covered separately in 5.10. You’re responsible for keeping your own login details safe, and for changes you make yourself.

6.4Your own customers and members

When your website sells products, downloads or memberships, you are the seller, not me. That means you’re responsible for your relationship with your customers and members, including:

• your shop and membership terms, refund and returns policy, and privacy policy;
• delivery, customer service and product safety;
• any tax or VAT due on your sales; and
• following the consumer, data protection, e-commerce, subscription and online safety laws that apply to your business.

I’ll build the features you need, but I can’t take responsibility for how your business complies with the law.

6.5Content I can remove

If I reasonably believe that content on your website is unlawful, infringes someone’s rights, or puts your site or other sites I host at risk, I may remove or disable it. I’ll tell you as soon as I can, and I’ll restore it if it turns out to be fine.

07Cancellations and refunds

7.1Full refunds before work starts

You’ll get back everything you’ve paid, in full, if:

• I can’t take your project on (2.5); or
• the price needs to change and you decide not to go ahead (2.4).

7.2Your 14-day right to cancel

If you’re a consumer, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you the right to cancel our contract within 14 days without giving any reason. Business customers who order through a website builder’s checkout get the same 14 days, on the same terms. If you’re a business customer and you accept a written quote, this right doesn’t apply, and 7.4 applies from the day our contract is made. The 14 days start on the day after our contract is made (2.2), which is the day after I confirm your Order.

To cancel, you must tell me clearly that you want to. The easiest way is to send me a message through the contact form, or reply to any email I’ve sent you, and I’ll confirm by email that I’ve received it. You can use the model cancellation form at the end of these terms, but you don’t have to. As long as you send your message before the 14 days are up, you’ve cancelled in time.

7.3If you asked me to start straight away

At checkout, or when you accept a written quote, you can ask me to start work during the 14-day cancellation period. If you do and then cancel within the 14 days, you’ll pay for the work I’ve done up to the moment you tell me you’re cancelling, in proportion to the whole build, and I’ll refund the rest. As a guide, reviewing your project and writing your Project Plan is the first 10% of the work, the design stage takes it to 50%, development takes it to 90%, and Launch is the last 10%. I’ll show you how I’ve worked it out.

If you don’t ask me to start straight away, I’ll still review your brief and confirm your dates, but I won’t begin work on your website until the 14 days are up. If you cancel within them, you’ll get back everything you’ve paid.

7.4Cancelling after the 14 days

After the 14 days, you can still cancel your build by telling me in writing. I’ll stop work, and a cancellation charge applies, based on the stage your project has reached, as set out below. I’ll keep the charge and refund the rest.

Once your project is booked in, I set aside time for it and turn other work away, and I usually can’t fill that time at short notice. The charges cover the work I’ve done and that reserved time. Percentages are of the full build fee, after any discount, whether or not all of it has been paid yet: I’ll keep what you’ve paid up to the amount of the charge and refund the rest, and if the charge is more than you’ve paid, the difference is due. You’ll also pay for any quoted extras I’ve already completed, and repay any costs I’ve paid to other companies on your behalf, with your agreement, that can’t be refunded (such as a font licence).

7.5What you get when you cancel

When you cancel your build, and once anything you owe has been paid, I’ll send you the design files for the work you’ve paid for, and your content back. The work you’ve paid for is yours. If you’d also like the code of the unfinished website, I’ll pack it up and send it to you as the Website Transfer Package (5.11).

7.6Care

You can cancel Care at any time, with nothing to pay to cancel (5.9). It ends at the end of the month you’ve paid for. Payments already made aren’t refunded, including for part-months. If you cancel your build before Launch, Care never starts and you won’t pay anything for it.

7.7If I cancel

If I have to cancel your build for a reason that isn’t your fault, such as serious illness that means I can’t finish your project within a reasonable time, you’ll pay only for the work I’ve done, worked out as in 7.3. I’ll refund the rest and hand over all the work done so far, including your website’s own files, free of charge. If I end our contract because you’ve seriously broken these terms (5.14 or section 9), the cancellation charge in 7.4 for the stage your project has reached applies, as if you’d cancelled.

7.8If something isn’t right

If any of my work isn’t done with reasonable care and skill, or isn’t what we agreed, tell me and I’ll put it right at no cost, within a reasonable time. If I can’t, I’ll reduce the price fairly to reflect the part that isn’t right. If you’re a consumer, you also have the legal rights in section 13.

7.9How refunds are paid

I’ll refund you within 14 days of the day you tell me you’re cancelling, or the day I tell you I’m cancelling. The refund goes back to the payment method you used, and I won’t charge you a fee for it.

7.10Please talk to me first

If you’re unhappy, please contact me before raising a dispute with your bank or card provider. Sorting things out directly is almost always quicker. This doesn’t affect your right to raise one.

08Who owns what

8.1Your content and data

Your content (6.1), your website’s data (such as customers, orders, members and subscribers) and your accounts with other companies are yours. You can have a copy of your content and data at any time, free of charge.

8.2Your website’s design and code

Once you’ve paid for your build, I transfer to you the copyright and other intellectual property rights in your website’s design and in its own files: the code, images and content that make up its pages, which I create specifically for you. They’re yours to keep, change or sell, including if you sell your business. Code that runs on my servers isn’t part of your website’s files and stays mine (8.4). I won’t reuse your website’s bespoke design, or anything that identifies your brand, for anyone else. Until you’ve paid for your build in full, the work stays mine, and you can use it only to review it with me.

8.3A copy of your website

While I host your website, it runs on my hosting. If you want a copy to take elsewhere, I’ll pack it up and send it to you as the Website Transfer Package (5.11). You pay for that work, not for the website, and it’s free if I end Care (5.14) or have to cancel your build (7.7). The package holds your website’s own files, not my server code (8.4), so some features may need rebuilding to work elsewhere.

8.4My tools, server code and know-how

Some of what powers your website isn’t made only for you. That includes my own code libraries, components, tools, techniques and know-how, which I use across projects, and the proprietary code that runs on my servers to power features such as forms, checkout and member logins. I keep ownership of all of these.

• Anything of mine that’s part of your website’s own files (the files in the Website Transfer Package) you can keep using: I give you a perpetual, irrevocable, worldwide, royalty-free licence to use, copy, change and transfer it as part of your website, including if you sell your business.
• My server code stays on my servers, including any I write to power features on your site. It isn’t part of your website’s files, it isn’t included in the Website Transfer Package, and you can’t use it once your website leaves Care. That’s why some features may need rebuilding to work somewhere else (5.11).

8.5Other people’s components

Your website may use open-source software, fonts, icons or images that belong to other people. These are used under their own licences, and I’ll make sure those licences allow them to be used on your website. If a licence has to be bought in your name, I’ll tell you first (3.4).

8.6Moral rights

I waive my moral rights in the work I create for you, so you’re free to change it however you like without crediting me. The one exception is the credit on your link-in-bio page, which stays while I host your website (8.7).

8.7Credits

Your link-in-bio page shows a small “Website by Karl Chevalier” credit with a link to my website, so your followers can see who made it. It’s part of the page, and it stays there for as long as I host your website. On a business website, I add a small “Website by Karl Chevalier” credit with a link to my website in the footer. If you’d rather not have it, tell me and I’ll take it off. I won’t add a credit or link anywhere else on your website unless you’re happy for me to.

09Acceptable use

9.1What your website mustn’t be used for

You mustn’t use your website, or my services, to:

• break any law or regulation;
• infringe anyone’s intellectual property or other rights;
• publish content that’s defamatory, harassing, hateful, threatening or discriminatory;
• sell anything that’s illegal, or that your payment provider doesn’t allow;
• send spam, or spread malware or phishing;
• exploit or harm children in any way; or
• collect or use personal data unlawfully.

9.2What I can do

I can decline any project before I’ve confirmed it, and I can decline to publish or host content that breaks this section. If your website breaks this section, I may remove content (6.5), suspend the service (5.13) or end our contract (5.14).

10Confidentiality

10.1Keeping things private

We’ll each keep the other’s confidential information private, and use it only for our work together. That includes anything that’s clearly private, such as your earnings, brand deal rates, unannounced launches, and customer and member data, as well as anything described as confidential.

10.2Exceptions

This doesn’t apply to information that’s already public (unless it became public because one of us broke this clause), that we already had lawfully, or that the law requires us to disclose. This clause continues after our contract ends. If you need a separate non-disclosure agreement, I’m happy to sign a reasonable one.

11Data protection

11.1My use of your personal data

I use your personal data, as a client or as someone who has contacted me, as described in my Privacy Policy.

11.2Data on your website

Your website will collect personal data about your visitors, subscribers, customers or members. For that data, you are the controller and I’m your processor under the UK GDPR. You decide why and how it’s used, and I handle it on your behalf to host and look after your website. Clauses 11.2 to 11.5 are our agreement under Article 28 of the UK GDPR.

11.3The details

• What and why: hosting, storing, backing up, maintaining and supporting your website.
• How long: for as long as I provide Care, and for up to 30 days afterwards while my copies and backups are deleted.
• Kinds of data: contact details, account and login details, order and subscription history, messages and form submissions, and technical data such as IP addresses. Full card details are handled by your payment provider and never reach me.
• Whose data: your website’s visitors, enquirers, subscribers, customers and members.

11.4My commitments as your processor

I will:

1. use the data only on your documented instructions (these terms and your requests), unless the law requires otherwise, in which case I’ll tell you first unless the law prevents me;
2. tell you straight away if I think an instruction of yours breaks data protection law;
3. make sure that anyone I authorise to access the data is bound by confidentiality;
4. keep it secure with appropriate technical and organisational measures, including encrypted connections, access controls, two-factor authentication on the accounts involved, security updates and backups;
5. use other processors (sub-processors), such as hosting and infrastructure providers, only under a written contract that gives the same data protection obligations. You give me general permission to use them. I’ll tell you which ones I use for your site, and give you notice before adding or replacing one, so that you can object. I remain responsible to you for them;
6. transfer the data outside the UK only with the safeguards the UK GDPR requires;
7. help you respond to people exercising their data protection rights, and help you meet your obligations on security, breach notification and data protection impact assessments;
8. tell you without undue delay, and within 48 hours, after I become aware of a personal data breach affecting your website, with the information you need to deal with it;
9. when Care ends, for whatever reason, give you a copy of the data free of charge if you ask (5.12), and then delete it within 30 days, unless the law requires me to keep it; and
10. give you the information you need to show that these obligations are being met, and allow and contribute to reasonable audits, at reasonable times and on reasonable notice.

11.5Your responsibilities as controller

You’re responsible for having a lawful basis for the data your website collects, for a privacy policy on your website that explains it, for any consent your website needs (for example, for marketing emails or non-essential cookies), and for responding to people who contact you about their data. I’ll help with the technical side.

12Responsibility for loss

12.1What I’m always responsible for

Nothing in these terms limits or excludes my liability for death or personal injury caused by my negligence, for fraud or fraudulent misrepresentation, or for anything else the law doesn’t allow me to limit or exclude.

12.2If you’re a consumer

I’m responsible for loss or damage you suffer that’s a foreseeable result of me breaking this contract or failing to use reasonable care and skill. Loss is foreseeable if it’s obvious it will happen, or if we both knew it might happen when the contract was made. I’m not responsible for loss that isn’t foreseeable. Nothing in these terms limits your legal rights as a consumer (section 13).

12.3If you’re a business

I’ll carry out the work with reasonable care and skill. Beyond that, and subject to 12.1:

1. I won’t be liable to you for any loss of profit, revenue, sales, sponsorship or brand-deal income, business, opportunity, goodwill or reputation, or anticipated savings, or for any fall in search rankings or traffic, or for any indirect or consequential loss, however it arises;
2. if data is lost or corrupted, my liability is limited to restoring it from the most recent backup I hold;
3. my total liability to you under or in connection with our contract, however it arises (including through negligence), is limited to the greater of the build fee you paid and the total amount you paid me in the 12 months before the event that gave rise to the claim; and
4. terms implied by law are excluded, as far as the law allows.

12.4Things I’m not responsible for

Whether you’re a consumer or a business, I’m not responsible for loss caused by:

• your content, or changes made to your website by you or anyone other than me;
• your website once it’s no longer hosted by me (5.11);
• services you have directly with other companies (5.7);
• you not following my reasonable advice, such as a security recommendation; or
• events outside my control (section 14).

12.5Claims about your content (businesses)

If you’re a business, you’ll compensate me for any losses, costs (including reasonable legal fees) and claims I suffer because someone else claims that your content, or your website’s use of it, infringes their rights or breaks the law. This applies as long as I tell you about the claim promptly and let you deal with it.

13Your legal rights as a consumer

13.1What the law says

If you’re a consumer, the Consumer Rights Act 2015 says my services must be:

• carried out with reasonable care and skill;
• as described, including anything I’ve told you about them that you rely on; and
• if no price or time was agreed, provided for a reasonable price and within a reasonable time.

Any digital content I supply must also be of satisfactory quality, fit for purpose and as described.

13.2If I don’t meet these standards

You can ask me to redo the work or put it right, at no cost. If that isn’t possible, or I don’t do it within a reasonable time and without significant inconvenience to you, you can claim a price reduction, which can be up to a full refund. You may also have other remedies.

13.3These rights always apply

Nothing in these terms affects these rights. For free, independent advice, contact Citizens Advice (England and Wales), Advice Direct Scotland or Consumerline (Northern Ireland).

14Events outside my control

14.1What counts

I’m not responsible for delays or failures caused by events outside my reasonable control. Examples include major outages at internet or infrastructure providers, cyber attacks despite reasonable security, extreme weather, and serious illness or injury.

14.2What I’ll do

If one of these events happens, I’ll tell you as soon as I can and do what I reasonably can to limit its effect, including making sure you have what you need to keep your website running. If it delays your build by more than 30 days, you can cancel, and you’ll pay only for the work I’ve done, as in 7.7.

15Complaints and disputes

15.1How to complain

If you’re unhappy with anything, send me a message through the contact form, or reply to any email I’ve sent you, and tell me what’s happened. I’ll acknowledge your complaint within two working days and aim to resolve it within 14 days. If it’s going to take longer, I’ll tell you why and when you’ll hear from me.

15.2If we can’t resolve it

If you’re a consumer and we can’t resolve a complaint between us, I’ll tell you in writing about an alternative dispute resolution provider and whether I’m willing to use it. You can also get free advice from Citizens Advice.

15.3Which law applies

These terms and our contract are governed by the law of England and Wales. If you’re a consumer, you can bring proceedings in the courts of England and Wales. If you live in Scotland or Northern Ireland, you can also bring proceedings in your local courts and rely on the protection of your local law. If you’re a consumer living outside the UK, you keep any protection that the law of your country gives you and that can’t be excluded. If you’re a business, the courts of England and Wales have exclusive jurisdiction.

16Referrals and agency partners

16.1Who this section is for

This section applies to anyone who joins my referral programme or becomes an agency partner, whether or not you’ve ever ordered from me yourself. In it, “you” means the person or business making the referral, and “the creator” means the person or business you refer. You need to be 18 or over to join.

16.2Your code

When you join on my referrals or agency partners page, you get your own code straight away, and it works at once. It’s how I know that a creator came from you. A referral code gives the creator the discount in 3.5; an agency’s code gives the creators it represents the partner discount (16.8). Your code is linked to the name and email address you joined with. The code stays mine: I can turn it off if it’s misused (16.7).

16.3What counts as a referral

A referral qualifies when all of these are true:

• the creator is new to me: not already a client, and not already talking to me about a website before you referred them;
• they use your code when they order: entered at checkout, or given to me before they accept a written quote;
• they order a website build (Creator, Creator Commerce or Creator Membership) under these terms; and
• the creator isn’t you, or a business you own or run, and they don’t order with the email address you joined with.

Only one person can be rewarded for each creator: the one whose code is on their Order. The reward is for a creator’s first website build. Care, extras they order later and upgrades don’t earn another.

16.4Your reward, and when it’s paid

For each referral that qualifies, I’ll pay you £250, or the amount shown on my referrals page on the day the creator’s Order is confirmed if that’s different. It becomes due 30 days after I confirm the creator’s Order (2.2), as long as the Order hasn’t been cancelled by then. Those 30 days include the creator’s 14-day right to cancel (7.2). If the Order is cancelled before the reward is due, no reward is due.

I’ll email you when someone orders with your code, with the date your reward becomes due. Once that date has passed, reply with your bank details, or with an invoice if you’re a business, and I’ll pay the reward by bank transfer, in pounds sterling, within 7 days of receiving them. Once I’ve paid a reward, it’s yours to keep, even if the creator cancels later.

16.5Tax

Rewards are paid in full, with nothing deducted. Each reward includes any VAT that applies to it, and you’re responsible for any tax due on what you receive.

16.6Sharing your code

You can share a referral code with people you know and on your own channels: your bio, stories, posts and videos. Because you earn a reward when it’s used, wherever you share it publicly you must make that clear, for example by labelling the post “#ad”, as the Advertising Standards Authority expects. Please don’t:

• send unsolicited messages in bulk, or post your code in other people’s comments;
• post it on voucher or coupon websites, or in paid adverts that use my name;
• say or suggest that you are me, or that you work or speak for me; or
• tell people anything about my websites, prices or terms that isn’t on my website.

If you’re an agency, share your code with the creators you represent rather than publicly, and tell them that you’re paid for the introduction. Being a referrer or partner doesn’t make you my employee or agent, and you can’t make promises or agreements on my behalf.

16.7If something isn’t right

If a referral breaks this section, was made by misleading the creator, or isn’t genuine, I can refuse the reward and turn your code off, and I’ll tell you why. I won’t take back a reward I’ve already paid unless it was obtained dishonestly.

16.8Agency partners

An agency that represents creators can join as a Preferred Agency Partner on my agency partners page. Its code gives the creators it represents the partner discount: currently 25% off their build fee, or the percentage shown on that page on the day they order. The agency earns a commission of £250 for each website ordered with its code, on the same terms as a referral reward (16.3 to 16.7).

A Roster Partner deal is for five or more of an agency’s creators booked together: currently 35% off each website, with the same £250 commission for each one. We agree the plan, the build schedule and how it’s paid for in writing before work starts, so each website gets my full attention. Where a written agreement says something different from this section, the agreement applies. “Partner” is just a name: it doesn’t make us partners in law.

Partner pricing comes off the build fee only, never Care, and can’t be combined with a referral code or any other discount (3.5). Each creator who orders, or the agency if it orders for them (1.2), is my client under these terms.

16.9Your details

When you join, I save your name, email address and the details you give me, with your code, privately on my server, so that your code works straight away. I keep a record of the orders placed with it and the rewards I’ve paid you, and your bank details or invoices when a reward is due. I use them only to run the programme and keep the financial records the law requires. My Privacy Policy explains how.

16.10Changes, and leaving

I can change or end the referral programme by updating my website. A change won’t affect the reward for a creator whose Order was confirmed before it: that’s paid on the terms that applied when they ordered. You can leave whenever you like by telling me. I’ll turn your code off, and still pay rewards for creators who ordered before then.

17The legal small print

17.1Transferring this contract

I may transfer my rights and responsibilities under our contract to someone else, for example if I set up a limited company to run this business, and I’ll tell you in writing if that happens. If you’re unhappy with the transfer, you can end our contract, and you’ll pay only for the work done on your build, as in 7.7. You can transfer your rights only with my written agreement, which I won’t unreasonably refuse, for example if you sell your channel or business.

17.2Nobody else has rights under this contract

Our contract is between you and me. Nobody else can enforce it, under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

17.3If part of these terms is invalid

If a court finds part of these terms invalid, the rest still applies.

17.4Not enforcing something straight away

If I don’t insist straight away that you do something you’re required to do, or I delay taking action, that doesn’t mean I’ve given up the right to do so later. The same goes for you.

17.5Entire agreement (businesses)

If you’re a business, our contract (as described in 1.4) is the whole agreement between us about its subject, and replaces anything said before. You confirm that you haven’t relied on anything that isn’t in it. This doesn’t limit liability for fraudulent misrepresentation.

17.6Working independently

I work for you as an independent contractor, not as your employee, agent or partner.

17.7Notices

Notices under our contract can be sent by email to the addresses we use to work together. A notice counts as received when it’s sent, or on the next working day if it’s sent outside working hours, unless the sender gets a message saying it wasn’t delivered.

—Model cancellation form

Fill in and return this form only if you’re a consumer and want to cancel our contract within the 14-day period (7.2). You don’t have to use it. A message saying you want to cancel works just as well.