Terms & Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between CMX Web Design ("CMX", "we", "us" or "our"), a business operating from Tamarisk, 13 Grenville Road, Padstow, Cornwall, PL28 8EX, United Kingdom, and the individual or legal entity ("Client", "you" or "your") engaging our services through cmxwd.com or otherwise. By purchasing, subscribing to or using our services, you confirm that you have read, understood and agree to be bound by these Terms.

1. Services

1.1 CMX provides bespoke website design, development, hosting, maintenance and ongoing support services ("Services") in accordance with the package purchased by the Client.

1.2 All Services are provided subject to the specifications, features and limitations described on cmxwd.com at the time of purchase.

2. Setup and Delivery

2.1 Setup Timeline. CMX shall complete the initial setup and launch of the Client's website within one (1) calendar month from the date the Client's purchase is confirmed and the setup fee has been received in full ("Purchase Date"), provided that the Client has supplied all reasonably requested materials, content, brand assets and feedback within the timeframes requested by CMX.

2.2 Client Delay. Where the Client fails to provide required materials or feedback within reasonable timeframes, the setup timeline in clause 2.1 shall be extended by a period equivalent to the delay caused by the Client. CMX shall not be held responsible for delays arising from the Client's acts or omissions.

2.3 Acceptance. The Client shall have seven (7) days from the date of project completion notification to review and accept the website. Failure to respond within this period shall constitute deemed acceptance.

3. Amendments and Changes

3.1 Monthly Amendment Allowance. Under the ongoing monthly support subscription, the Client is entitled to one (1) amendment request per calendar month. An amendment is defined as a reasonable content update, text change, image replacement or minor layout adjustment, not exceeding two (2) hours of CMX's time.

3.2 Unused Allowance. Amendment allowances do not accumulate and cannot be carried over to subsequent months. Any unused allowance shall expire at the end of each calendar month.

3.3 Additional Amendments. Amendments beyond the monthly allowance, or works exceeding two (2) hours, shall be quoted separately and charged at CMX's then-current hourly rate. No additional works shall commence without the Client's written approval of the quote.

3.4 Major Revisions. Major redesigns, new pages, new features or structural changes to the website are not covered by the monthly amendment allowance and shall be quoted as separate projects.

4. Fees and Minimum Contract Term

4.1 Setup Fee. The one-off setup fee of £999.99 (inclusive of applicable taxes) shall be payable in full prior to commencement of any work.

4.2 Monthly Subscription. The monthly subscription fee for hosting, maintenance and ongoing support is £74.99 (inclusive of applicable taxes) per calendar month.

4.3 Minimum Contract Term. The monthly subscription is subject to a minimum contract term of twenty-four (24) consecutive calendar months commencing on the Purchase Date ("Minimum Term"). By purchasing the monthly subscription, the Client irrevocably commits to paying the full Minimum Term, representing a minimum total commitment of £1,799.76 in subscription fees, in addition to the setup fee.

4.4 Early Termination. If the Client seeks to terminate the monthly subscription before expiry of the Minimum Term, the Client shall remain liable for the full remaining balance of the Minimum Term, payable immediately upon termination. CMX reserves the right to pursue any outstanding balance through debt collection, legal proceedings, or any other lawful means.

4.5 Renewal. Upon expiry of the Minimum Term, the subscription shall automatically renew on a rolling monthly basis until terminated by either party upon thirty (30) days' written notice.

4.6 Price Changes. CMX reserves the right to adjust subscription pricing upon thirty (30) days' prior written notice, except during the Minimum Term, during which the price shall remain fixed.

5. Payment Terms

5.1 All payments shall be made in pounds sterling (GBP) via the payment methods offered by CMX, which may include Stripe card payments and GoCardless Direct Debit.

5.2 Monthly subscription fees shall be collected in advance on the same calendar day each month as the Purchase Date.

5.3 Failed Payments. In the event of a failed payment, CMX shall notify the Client and reattempt collection. If payment remains outstanding for more than seven (7) days, CMX reserves the right to suspend the Client's website and all associated services without further notice until payment is received. Late payments shall accrue interest at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998.

5.4 Chargebacks. Unjustified chargebacks by the Client shall constitute a material breach of these Terms, and the Client shall be liable for all associated fees, administrative costs and legal expenses incurred by CMX.

6. Client Responsibilities

6.1 The Client warrants that all content, materials, images, text, logos and trademarks supplied to CMX are lawfully owned or licensed by the Client, and that the use of such materials on the Client's website shall not infringe any third party's intellectual property, privacy or other rights.

6.2 The Client shall indemnify and hold CMX harmless against any claims, losses, damages, liabilities or expenses arising from a breach of the warranty in clause 6.1.

6.3 The Client shall provide timely feedback, content and approvals as reasonably requested by CMX.

6.4 The Client shall maintain confidentiality of any login credentials provided by CMX and shall promptly notify CMX of any suspected unauthorised access.

7. Intellectual Property

7.1 All intellectual property rights in the website design, code, graphics and materials created by CMX shall remain the exclusive property of CMX until full payment of the setup fee has been received, at which point CMX grants the Client a perpetual, worldwide, non-exclusive licence to use such materials for the operation of the Client's business website.

7.2 CMX retains the right to use the Client's website, brand and project details in its portfolio, marketing and promotional materials, unless the Client requests otherwise in writing.

7.3 Third-party components (such as WordPress core, plugins, fonts and stock imagery) remain the property of their respective owners and are subject to their own licence terms.

8. Hosting and Availability

8.1 CMX shall use commercially reasonable efforts to ensure the Client's website is available and accessible. CMX targets an uptime of 99.5% per calendar month, excluding scheduled maintenance, third-party outages and events of force majeure.

8.2 CMX does not guarantee uninterrupted or error-free service and shall not be liable for any losses arising from temporary unavailability.

8.3 CMX reserves the right to perform scheduled maintenance, during which the website may be temporarily inaccessible. Reasonable notice shall be given where practicable.

9. Data Protection and Privacy

9.1 CMX shall process personal data in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003.

9.2 Where CMX processes personal data on behalf of the Client, CMX acts as a data processor and the Client acts as the data controller. Both parties shall comply with their respective obligations under applicable data protection law.

9.3 Further details of how CMX handles personal data are set out in the CMX Privacy Policy, available on cmxwd.com.

10. Limitation of Liability

10.1 Nothing in these Terms shall exclude or limit CMX's liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability that cannot lawfully be excluded or limited under English law.

10.2 Subject to clause 10.1, CMX's total aggregate liability to the Client arising from or in connection with these Terms or the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total fees paid by the Client to CMX in the twelve (12) months preceding the event giving rise to the claim.

10.3 CMX shall not be liable for any indirect, special, consequential, punitive or exemplary damages, loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data or loss of anticipated savings, howsoever arising.

11. Termination

11.1 Either party may terminate these Terms immediately upon written notice if the other party commits a material breach and fails to remedy such breach within fourteen (14) days of being notified in writing.

11.2 CMX may terminate the Services immediately if the Client:

(a) fails to pay any sum due within seven (7) days of its due date;
(b) uses the Services for any unlawful, fraudulent, defamatory, obscene or otherwise objectionable purpose;
(c) becomes insolvent, enters administration, or has a petition for winding up presented against it.

11.3 Termination shall not relieve the Client of any outstanding obligations under the Minimum Term set out in clause 4.3.

11.4 Upon termination, CMX may delete the Client's website, data and backups after a reasonable grace period.

12. Force Majeure

12.1 Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government action, labour disputes, power failures, internet outages, cyber-attacks, pandemics or natural disasters.

13. Confidentiality

13.1 Each party shall keep confidential all information of a confidential nature received from the other party in connection with these Terms, and shall not disclose such information to any third party without prior written consent, except as required by law.

14. Assignment

14.1 The Client shall not assign, transfer or sub-contract any of its rights or obligations under these Terms without CMX's prior written consent. CMX may assign or transfer its rights and obligations freely.

15. Entire Agreement

15.1 These Terms, together with any order confirmation and any documents referenced herein, constitute the entire agreement between the parties and supersede all prior agreements, representations and understandings, whether written or oral.

15.2 The Client acknowledges that in entering into these Terms, it has not relied on any statement, representation or warranty not set out in these Terms.

16. Severability

16.1 If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

17. Waiver

17.1 No failure or delay by either party to exercise any right or remedy under these Terms shall constitute a waiver of that right or remedy, nor shall it preclude the future exercise of such right or remedy.

18. Notices

18.1 Any notice required under these Terms shall be given in writing and sent by email to charlie@cmxwd.com (for notices to CMX) or to the email address provided by the Client at the time of purchase (for notices to the Client).

19. Governing Law and Jurisdiction

19.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.

19.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute or claim arising out of or in connection with these Terms, including any non-contractual disputes or claims.

20. Consumer Rights

20.1 Where the Client is a consumer (as defined under the Consumer Rights Act 2015), nothing in these Terms shall affect the Client's statutory rights, including the right to a fourteen (14) day cooling-off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, where applicable.

20.2 The Client acknowledges and agrees that, where CMX has commenced work on the Services during the cooling-off period at the Client's express request, the Client shall be liable for a proportionate amount reflecting the work completed.

21. Contact

For questions regarding these Terms, please contact:

CMX Web Design
Tamarisk, 13 Grenville Road
Padstow, Cornwall, PL28 8EX
United Kingdom
Email: charlie@cmxwd.com
Phone: (+44) 7891975239

By purchasing or using our Services, you acknowledge that you have read, understood and agreed to these Terms and Conditions in their entirety.