Terms of Service

This agreement (“Terms”) is between Vanilla Websites (“we”, “us”, “Platform”, “Vanilla Websites”) and you, the user (“you”, “Customer”, “User”), and governs your use of our services (“Services”).

Outlined below are the conditions for using our Services, designed to ensure fair practice and mutual protection.

1. Acceptance of Terms

By engaging Vanilla Websites for website or related services, you agree to these Terms, which may be updated at our discretion. Continued use of our Services signifies acceptance of any changes.

2. Confidentiality

Both parties may share confidential information to facilitate this Agreement. Information marked as confidential must not be shared with third parties unless:

• It is already known to the recipient.
• It becomes public without breach of this Agreement.
• It is obtained legally from third parties.

3. Services Provided

Vanilla Websites offers website design, development, and third-party hosting services. We manage domain registration and renewal, which remain your responsibility. Additional services, such as graphic design, are available for an extra fee.

4. Licensing of Code

Any code, website files, or software developed by Vanilla Websites is licensed exclusively for your use on the agreed website(s) and only while hosting services are actively provided and fully paid for through Vanilla Websites. This license grants you access to the files in the public folder necessary to display the website, provided that hosting remains active and all associated fees are paid in full.

All underlying code, development repositories, command-line software, and build systems remain the exclusive property of Vanilla Websites and will not be provided. In the event of cancellation—whether due to non-payment, voluntary termination, or any other reason—the license is immediately revoked, and you must cease using any code, website files, or software created by Vanilla Websites. Ownership of the code, website files, or software does not transfer to you under any circumstances.

5. Pay-as-you-go Websites

• Setup Fee: A non-refundable setup fee will be charged to create and deploy a staging version of your website. This fee covers the time and resources required to set up the initial version of your site, as well as the reservation of a dedicated time slot in our schedule, secured at the cost of other potential bookings. Due to this commitment, cancellations at any stage will not be eligible for a refund.
• Monthly Fee: The agreed monthly fee will be charged upon publication of the first draft on the staging site.
• Amendments: Website amendments are free during the first week after the first draft is completed. After this period, amendments are charged at £60 per hour, billed to the nearest 15 minutes.
• Cancellation: You may cancel services via email at any time; however, no refunds will be given for services already provided. In the event of cancellation, Vanilla Websites is under no obligation to provide access to any completed work, nor the domain name if purchased on your behalf. Domain transfers incur a £15 fee, plus any outstanding design or service fees, which must be paid in advance of any transfer being carried out.
• Licensing & Access: The files required to display the website, contained within the public folder, will be provided to the client for use as long as this agreement remains active and all fees are paid. However, Vanilla Websites retains exclusive rights to the command-line software, repositories, and any underlying code or build systems used to generate or maintain the website. At no point will access to these systems, software, or repositories be granted to the client or any third party. This restriction ensures that the client’s access is limited to the final, publicly accessible website files only.

6. Prepaid Websites

• Setup Fee: A non-refundable setup fee will be charged to create and deploy the first draft of your website. This fee covers the time and resources required to set up the initial version of your site, as well as the reservation of a dedicated time slot in our schedule, which is secured at the cost of other potential bookings. Due to this commitment, cancellations at any stage will not be eligible for a refund.
• Additional Work: Any additional work requested after the first draft has been published will be invoiced on an ad-hoc basis as it is completed. Invoices must be paid within 14 days. Failure to pay may result in termination of the contract, and no refund will be given for any work completed to date.
• Cancellation: In the event of cancellation or non-payment, Vanilla Websites is under no obligation to provide access to any completed work, nor the domain name if purchased on your behalf. Any branding or content created will remain the property of Vanilla Websites until all outstanding fees are settled.
• Licensing & Access: The files required to display the website, contained within the public folder, will inherently remain acccessible by the client in the public folder as long as this agreement remains active and all fees are paid. However, Vanilla Websites retains exclusive rights to the command-line software, repositories, and any underlying code or build systems used to generate or maintain the website. At no point will access to these systems, software, or repositories be granted to the client or any third party. This restriction ensures that the client’s access is limited to the final, publicly accessible website files only.

7. General Account Cancellation

• Notice: You may cancel services at any time via email. No refunds will be provided for services already rendered.
• Domain Transfers: Domain transfers incur a £15 fee, along with any outstanding design or service fees, which must be paid in full before any transfer is processed.
• Access to Work: In the event of cancellation, Vanilla Websites is not obligated to provide access to any work completed, nor to transfer ownership of any domain name purchased on your behalf.
• Licensing of Code: Any code, website, or software created by Vanilla Websites for the client is licensed for the client’s use solely while their hosting is provided and paid for through Vanilla Websites. The code, website, and software always remain the property of Vanilla Websites.

8. SEO & Third-party Hosting

We do not guarantee search engine rankings and are not liable for service disruptions caused by third-party hosts.

9. Administrative Access

We retain administrative access to your website during service provision, including to password-protected areas.

10. Content Submission

You are responsible for providing copyright-free content for your website. If specialist content is required, a third-party copywriter may be hired at your expense.

11. Account and Payment

You are responsible for maintaining the security of your account and payment information. Late or failed payments may result in service suspension or termination without notice.

12. Responsibility for Content

We are not liable for errors in website content, and you are responsible for reviewing and ensuring its accuracy.

13. Suspension & Termination

If we suspend or terminate your account, we will retain your website files for one month, during which all outstanding fees must be paid. After this period, files will be permanently deleted.

14. Use of Website for Marketing

Vanilla Websites may use any website we create for marketing purposes without seeking permission.

15. Right to Withdraw Services

Vanilla Websites reserves the right to withdraw services, terminate agreements, and revoke all access to website files under any of the following conditions:

• Consistently poor communication from the client, preventing project progress
• Failure to provide relevant materials or information necessary for website development within agreed timelines
• Determination by Vanilla Websites that the direction of any project is fundamentally flawed or mismanaged
• Exhibiting rudeness, use of expletives in an aggressive manner during phone calls, or any unprofessional communication by the client
• Failure to pay invoices within seven days from the date of issue

16. Zero-Tolerance for Abuse

Verbal, physical, or any other form of abusive behaviour towards Vanilla Websites or its staff will not be tolerated under any circumstances. Any such behaviour will result in immediate termination of services and revocation of all website access.

17. Accountability

To ensure accountability and maintain a record of contractual activity, Vanilla Websites may record phone calls from time to time. These recordings serve as evidence for any contractual obligations and help uphold clear and professional communication.

18. Client Responsibility for Content Accuracy and Site Functionality

It is the responsibility of the client to ensure that the content on their website is accurate, up-to-date, and fully functional. If there are any errors or omissions on the website, the client must promptly notify Vanilla Websites and allow adequate time for resolution. Vanilla Websites will not be held responsible for any financial losses incurred due to errors or omissions at any time.

Any changes or updates requested after the first week following deployment may be charged at a rate of £60 per hour, rounded up to the nearest 15 minutes. These changes will be assessed and scheduled based on availability, and the client will be informed of any costs before work begins.

19. Limitation of Liability

Vanilla Websites shall not be liable for any indirect, incidental, consequential, punitive, or direct damages arising from the services provided, including but not limited to loss of data, revenue, or service downtime. Vanilla Websites is not responsible for any financial or operational losses resulting from technical issues, server outages, third-party interruptions, or any other cause. The client agrees that Vanilla Websites holds no liability for any losses, damages, or claims in connection with the use of our services.

20. Intellectual Property & Trademarks

All logos, trademarks, branding, and other intellectual property provided by the client remain the property of the client. Any code, website designs, or proprietary technology developed by Vanilla Websites remains the property of Vanilla Websites, except where otherwise specified in writing. The client grants Vanilla Websites a limited, non-exclusive right to use logos and branding as needed for marketing purposes or within the scope of service provision.

21. Amendment of Terms

Vanilla Websites reserves the right to amend these Terms at any time. Any changes will be posted on our website, and it is the client’s responsibility to review these Terms periodically. Continued use of our services following any amendments constitutes acceptance of the revised Terms.

22. Refund Policy

All fees paid to Vanilla Websites are non-refundable. Upon cancellation of services, no refunds will be issued for work completed or services rendered.

Acceptance of Work: In the instance that any work is completed in advance of payment, the client’s payment will signify full and complete acceptance of all work delivered up to that point. By making a payment, the client acknowledges satisfaction with the services rendered and waives any right to request a refund for any work completed up to and including the date of that payment, irrespective of whether it directly relates to the specific payment being made.

Any concerns or disputes regarding the quality or scope of work must be raised prior to making any payment. Once payment has been made, all work completed to date is considered accepted, and no refunds will be issued for any payments already made.

23. Hosting Fees and Non-Refundability

Hosting services for websites and emails maintained by Vanilla Websites are provided through third-party hosting providers. Clients have the option to pay for hosting on an annual or monthly basis.

• Annual Hosting Fees: If you choose to pay for hosting on an annual basis, the fee is non-refundable, even if services are cancelled partway through the year. The annual fee covers the reservation of server resources for a full year and is not eligible for proration or partial refund.
• Monthly Hosting Fees: If you choose to pay for hosting on a monthly basis, each payment is non-refundable. You may cancel at any time, but no refund will be issued for the current month of service.

By making any hosting payment, you acknowledge and agree to these non-refundable terms. Hosting will be maintained as long as payments are current. If payments are missed, Vanilla Websites reserves the right to suspend hosting services until all outstanding fees are paid.

24. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of England and Wales. In the event of a dispute, both parties agree to first attempt resolution through good faith negotiation. Should further resolution be required, the parties agree to engage in mediation or arbitration before pursuing any legal action in court.