Terms & Conditions

These Terms govern the provision of services by Scream Max Studios Ltd, trading as Scream Digital. Please read them carefully before engaging our services.

1. Introduction

These Terms and Conditions (“Terms”) govern the provision of services by Scream Max Studios Ltd (trading as “Scream Digital”), a company registered in England. By engaging our services, requesting a quote, or placing an order, you (“the Client”) agree to be bound by these Terms. These Terms supersede any prior agreements or representations. If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.

2. Definitions

• “We”, “Us”, “Our” refers to Scream Max Studios Ltd trading as Scream Digital
• “Client”, “You”, “Your” refers to the individual or business engaging our services
• “Services” refers to any work undertaken by us including web design, development, branding, e-commerce, hosting, and maintenance
• “Deliverables” refers to any work product, designs, code, content, or materials created as part of the Services
• “Project” refers to the specific scope of work agreed between both parties
• “Quote” refers to the written proposal or estimate provided for the Services
• “Working Days” refers to Monday to Friday, excluding UK bank holidays

3. Scope of Services & Quotes

All projects are based on a written quote or proposal outlining the agreed scope of work.

• Quotes are valid for 30 days from the date of issue unless otherwise stated
• A quote is an estimate based on information provided; the final cost may vary if requirements change
• Any work requested outside the original scope will be quoted and charged separately
• Verbal agreements are not binding; all changes must be confirmed in writing (including email)
• We reserve the right to decline any project at our discretion
• Quoted prices are exclusive of VAT unless explicitly stated otherwise

4. Website Design & Development

Our website design and development services include custom design, front-end and back-end development, content integration, and deployment.

• All website designs are created bespoke for the Client based on their stated requirements and approved brief
• The Client must provide all necessary content (text, images, logos, branding assets) in a timely manner
• Revisions are included as specified in the quote; additional revision rounds will incur charges at our hourly rate
• Delivery timescales are estimates and depend on prompt Client feedback, content provision, and sign-off
• We build websites to current web standards but cannot guarantee compatibility with all browsers, devices, or future technologies
• Websites are developed for the latest versions of major browsers (Chrome, Firefox, Safari, Edge)
• We reserve the right to showcase completed projects in our portfolio and marketing materials
• The Client is responsible for reviewing and approving all content before the website goes live
• Post-launch amendments outside the agreed scope will be charged at our standard hourly rates

Free Website Design Offer

• Limited to 1-4 pages only (e.g., Home, About, Services, Contact)
• Additional pages beyond 4 will be charged at our standard rates
• Does not include e-commerce functionality, custom features, or advanced integrations
• Client must commit to our hosting services (minimum 18 months)
• Standard support and maintenance packages apply
• Custom domain registration is not included in the free design offer
• Offer is subject to availability and may be withdrawn at any time
• One free website per Client/business; the offer cannot be combined with other promotions

5. E-Commerce Services

Our e-commerce solutions include online store setup, payment gateway integration, product catalogue management, and ongoing support.

• E-commerce websites include product catalogue, shopping cart, checkout, and payment gateway integration
• The Client is responsible for all product data, descriptions, images, pricing, and stock management
• Payment gateway fees, transaction charges, and merchant account costs are the Client’s responsibility
• We provide training on managing products, orders, inventory, and customer data
• The Client must comply with all relevant e-commerce laws including the Consumer Contracts Regulations 2013 and Distance Selling Regulations
• SSL certificates are mandatory for e-commerce sites and are included with our hosting packages
• We are not responsible for any losses arising from payment processing failures, fraud, or chargebacks
• Product listings, prices, and availability shown on the Client’s website are the Client’s sole responsibility
• The Client must ensure compliance with PCI DSS requirements for handling payment card data
• Shipping, returns, and refund policies on the Client’s store must be created and maintained by the Client

6. Branding & Creative Design

Our creative services include logo design, brand identity packages, graphic design, print materials, and visual assets.

• All design concepts and drafts remain our intellectual property until full payment is received
• The number of initial concepts and revision rounds will be specified in the quote
• Additional revisions beyond the agreed number will be charged at our hourly creative rate
• Final files will be provided in agreed formats (e.g., AI, EPS, SVG, PNG, JPG, PDF)
• We retain the right to use completed designs in our portfolio and promotional materials
• Stock images, fonts, or illustration licences may require separate fees payable by the Client
• Turnaround times are estimates and depend on prompt Client feedback and approvals
• The Client must ensure they have the rights to any materials (images, text, logos) provided to us for use in designs
• Print-ready files are provided as specified; printing costs and quality are the responsibility of the Client’s chosen printer
• Brand guidelines documents, if included, outline recommended usage only and are not legally binding standards

7. Website Hosting Services

Hosting Fee: From £15.99 per month (billed monthly or annually)

Domain Name: Charged separately at cost (typically £8-15 per year depending on extension)

• Hosting includes website storage, bandwidth, email accounts, and technical support during business hours
• Domain name registration and annual renewal fees are separate from hosting fees
• We reserve the right to suspend hosting services for non-payment, breach of terms, or illegal activity
• Regular backups are performed as part of our hosting service, but the Client should maintain independent backups
• We are not liable for data loss, downtime, or service interruptions caused by factors beyond our reasonable control
• Hosting can be cancelled with 30 days’ written notice to the end of the current billing period
• Upon cancellation, website files will be provided upon request; we retain no responsibility thereafter
• Excessive bandwidth usage, resource consumption, or storage may result in additional charges or plan upgrade requirements
• We do not host content that is illegal, defamatory, obscene, or infringes on any third-party rights
• Email hosting is provided as a courtesy; we do not guarantee email deliverability and recommend dedicated email services for business-critical communications
• Hosting infrastructure and server locations may change; we will endeavour to minimise disruption

8. Web Maintenance & Support

Our maintenance packages provide ongoing care to keep your website secure, updated, and performing optimally.

• Maintenance plans are billed monthly and can be cancelled with 30 days’ written notice
• Plans include regular software updates, security patches, backups, and performance monitoring as detailed in the plan description
• Support requests are handled during business hours (Monday to Friday, 9am-5pm) unless an enhanced plan is in place
• Emergency out-of-hours support may be available and will be charged at our emergency hourly rate
• Maintenance does not cover major redesigns, new feature development, or content creation unless specifically included
• We will use reasonable efforts to maintain uptime but do not guarantee uninterrupted service
• If a website has not been maintained for an extended period, a remediation fee may apply before standard maintenance resumes
• Third-party plugin or platform updates may occasionally cause temporary compatibility issues; we will resolve these promptly

9. Custom WordPress Plugin Development

Custom WordPress plugin development is scoped and quoted individually based on the functionality required, as set out in the agreed proposal.

• Ownership of the custom plugin’s source code transfers to the Client upon receipt of payment in full
• We do not guarantee compatibility with future versions of WordPress, third-party plugins, or hosting environments not specified at the time of development
• Any third-party libraries or APIs integrated into the plugin remain subject to their own licensing terms
• Ongoing plugin support and updates are not included beyond any free support period specified in the proposal, unless a separate maintenance plan is in place
• Significant changes to requirements after development has begun may be quoted and charged separately

10. Client Responsibilities

The Client has certain obligations to ensure the smooth delivery of Services.

• Provide all requested content, materials, and information in a timely manner and in the agreed format
• Respond to communications, feedback requests, and approvals within 5 working days unless otherwise agreed
• Ensure that all content and materials provided are accurate, legal, and do not infringe any third-party rights
• Maintain the confidentiality of all login credentials, passwords, and access details provided
• Notify us promptly of any changes to project requirements, business details, or contact information
• Obtain all necessary permissions and licences for content provided to us (e.g., images, text, music)
• The Client indemnifies us against any claims, damages, or expenses arising from Client-provided content
• Failure to provide content or feedback within agreed timescales may result in project delays and additional charges
• If a project is paused for more than 60 days due to Client inaction, we reserve the right to archive the project and charge a reactivation fee

11. Payment Terms

General Payment Terms

• A deposit (typically 50% of the project cost) is required before work commences
• The remaining balance is due upon project completion and before final delivery or website launch
• For ongoing services (hosting, maintenance), payment is due on the date specified on the invoice
• Payment terms are Net 14 days from invoice date unless otherwise agreed in writing
• Final files, designs, source code, or website access will not be released until full payment is received
• We accept bank transfer (BACS), debit/credit card, and online payment methods
• For larger projects, staged milestone payments may be agreed in the project proposal
• All prices are quoted in GBP (£) and are exclusive of VAT unless stated otherwise

Late Payment & Non-Payment

A £25 administration fee will be applied to any invoice that remains unpaid after the due date.

• This charge is in addition to statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998
• Interest will be charged at 8% above the Bank of England base rate on overdue amounts
• Continued non-payment may result in immediate suspension of all services including hosting
• We reserve the right to remove or take down any website or materials for which payment is outstanding
• We reserve the right to pursue legal action and/or use debt recovery services to recover outstanding debts
• The Client will be liable for all reasonable costs incurred in recovering unpaid debts
• Recurring service payments (hosting, maintenance) that fail will be retried; services may be suspended after 14 days of non-payment

Refunds & Cancellations

• Deposits are non-refundable as they cover initial research, planning, and design time
• If the Client cancels a project mid-way, all work completed to date must be paid for at our standard rates
• Hosting and maintenance fees are non-refundable for the current billing period
• Refunds for annual hosting paid in advance will be calculated on a pro-rata basis minus any applicable discounts

12. Project Timelines & Delivery

• Estimated delivery dates are provided in good faith but are not guaranteed deadlines
• Timelines depend on prompt Client feedback, content provision, approvals, and payment
• Delays caused by the Client (late content, delayed feedback, scope changes) will extend delivery timescales accordingly
• We will notify the Client promptly of any anticipated delays on our part and provide revised estimates
• Force majeure events (including but not limited to natural disasters, pandemics, utility failures, cyber attacks, and government actions) beyond our reasonable control excuse performance delays
• Projects requiring urgent or expedited delivery may be subject to a rush fee of up to 50% of the project value
• If the Client does not provide required content within 30 days of request, we may proceed with placeholder content or pause the project
• We aim to respond to support requests within 1 working day; complex issues may take longer

13. Intellectual Property Rights

Ownership & Licensing

• All work, designs, code, and Deliverables remain our intellectual property until payment is received in full
• Upon full payment, the Client receives a non-exclusive, perpetual licence to use the Deliverables for the agreed purposes
• Full copyright transfer is not included unless explicitly agreed in writing and may incur additional fees
• We retain the right to use completed work in our portfolio, case studies, award submissions, and marketing materials
• Any bespoke code, frameworks, or tools developed by us remain our property and may be reused in other projects
• Open-source components used in projects are subject to their respective licences

Client Materials

• The Client warrants they own or have valid licences for all content, images, and materials provided to us
• The Client indemnifies us against any claims, losses, or damages arising from the use of Client-provided materials
• We are not responsible for verifying the ownership or licensing status of Client-provided content
• Any materials created by us based on Client-provided content (e.g., edited images) do not transfer ownership of the underlying assets

14. Third-Party Software, Plugins & Integrations

Many websites and applications include third-party plugins, extensions, APIs, or software components to enhance functionality.

• We select third-party components in good faith from reputable providers but do not control their development or maintenance
• Scream Digital is not responsible for failures, bugs, security vulnerabilities, or data breaches arising from third-party software
• We are not liable for compatibility issues caused by updates, changes, or discontinuation of third-party products
• Plugin and software functionality and availability are controlled by their respective developers and vendors
• We will make reasonable efforts to resolve third-party issues but cannot guarantee fixes or workarounds
• Alternative solutions may be recommended if a plugin or service becomes unsupported, insecure, or problematic
• The Client acknowledges that third-party software is subject to its own terms, conditions, and privacy policies
• Additional charges may apply for replacing, rebuilding, or migrating functionality if third-party tools are discontinued
• We are not liable for changes to third-party pricing, licensing, or feature availability that may affect the Client’s website
• Integration with third-party services (payment gateways, CRMs, marketing tools) may require the Client to hold their own accounts and subscriptions

15. Data Protection & Confidentiality

Data Protection

• We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018
• Our full Privacy Policy is available at screamdigital.co.uk/privacy-policy
• We act as a Data Processor when handling Client customer data and will process it only as instructed
• We implement appropriate technical and organisational measures to protect data
• In the event of a data breach affecting Client data, we will notify the Client without undue delay
• The Client is responsible for ensuring their own website complies with data protection laws (cookie consent, privacy notices, etc.)
• We may use anonymised, aggregated data for statistical analysis and service improvement

Confidentiality

• Both parties agree to keep confidential any proprietary or sensitive information shared during the project
• Confidential information shall not be disclosed to third parties without prior written consent
• This obligation survives the termination of the agreement for a period of 2 years
• Confidentiality does not apply to information that is publicly available, independently developed, or required by law to be disclosed

16. Website Content & Acceptable Use

The Client is responsible for all content published on their website.

• We are not responsible for the accuracy, legality, or appropriateness of content provided by or published by the Client
• The Client must not use our services or hosting to publish content that is illegal, defamatory, obscene, discriminatory, or infringes intellectual property rights
• Websites must not be used for spamming, phishing, distributing malware, or any fraudulent activity
• We reserve the right to remove or suspend access to any content or website that violates these terms without prior notice
• The Client is responsible for ensuring website content complies with the Equality Act 2010, Consumer Rights Act 2015, and advertising standards (ASA/CAP codes)
• Search engine optimisation (SEO) advice or implementation does not guarantee specific rankings or results
• We are not responsible for content changes made by the Client or unauthorised third parties after project handover
• Websites must comply with WCAG 2.1 accessibility guidelines where reasonably practicable; additional accessibility work may be quoted separately

17. Warranties & Disclaimers

• We warrant that Services will be performed with reasonable skill and care in accordance with industry standards
• We do not warrant that websites will be error-free, uninterrupted, or compatible with all hardware, software, or future technologies
• We do not guarantee specific results from Services including traffic, conversions, sales, or search engine rankings
• All express warranties are limited to the terms stated in the project proposal or quote
• To the maximum extent permitted by law, all implied warranties and conditions are excluded
• Any defects reported within 30 days of project completion will be remedied at no additional cost, provided they fall within the original project scope
• Warranty does not cover issues caused by Client modifications, third-party interference, or hosting environment changes

18. Limitation of Liability

• Our total aggregate liability for any claim arising from or related to the Services shall not exceed the total amount paid by the Client for the specific Service giving rise to the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages including but not limited to loss of profits, revenue, data, business opportunities, or goodwill
• We are not responsible for losses arising from third-party services, platforms, hosting providers, or payment processors
• We are not liable for any downtime, data loss, or service interruption caused by factors outside our reasonable control
• The Client is responsible for maintaining independent backups of their own data, content, and website files
• We are not liable for losses resulting from the Client’s failure to follow our recommendations or maintain their website
• Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law

19. Termination & Suspension

Termination by Client

• The Client may terminate a project by providing written notice; all work completed to date must be paid for
• Ongoing services (hosting, maintenance) can be cancelled with 30 days’ written notice
• No refund will be provided for the current billing period of recurring services

Termination by Us

• We may terminate or suspend Services immediately for non-payment, breach of these Terms, or illegal activity
• We may terminate with 30 days’ notice for any other reason, providing a pro-rata refund for prepaid services
• Upon termination, we will provide reasonable assistance to transfer website files and data to the Client or their new provider

Effects of Termination

• All outstanding invoices become immediately due and payable upon termination
• Clauses relating to intellectual property, limitation of liability, confidentiality, and indemnification survive termination
• We may retain copies of work for our records and portfolio purposes
• Domain names registered on behalf of the Client will be transferred upon request and full payment of any outstanding fees

20. Domain Names

• Domain names registered on behalf of the Client are the Client’s property but may be held in our registrar account for management purposes
• Domain registration and renewal fees are payable annually and are separate from hosting fees
• We are not liable for the loss, expiry, or unavailability of domain names if renewal fees are not paid promptly
• Domain name transfers to another registrar can be arranged upon request; transfer fees may apply
• We are not responsible for domain name disputes, trademark conflicts, or ICANN/Nominet proceedings
• The Client is responsible for ensuring their chosen domain name does not infringe any third-party trademarks or rights

21. Communication & Feedback

• Our primary communication channels are email and our client portal; we may also communicate via phone or video call
• The Client must designate a single point of contact for the project to streamline communication and decision-making
• Feedback and approvals provided via email or our client portal are considered binding instructions to proceed
• We are not responsible for delays or misunderstandings arising from unclear, conflicting, or late feedback
• Meeting recordings may be made for reference purposes with prior notice; these remain confidential
• Support requests should be submitted through our client portal or email for proper tracking and prioritisation

22. Changes to These Terms

• We reserve the right to update these Terms at any time; changes will be posted on our website
• Existing projects will continue under the Terms agreed at the time of engagement unless the Client agrees to updated Terms
• For ongoing services, updated Terms will apply from the next billing cycle after publication
• Continued use of our Services after Terms are updated constitutes acceptance of the revised Terms
• We will make reasonable efforts to notify Clients of significant changes via email

23. Complaints & Dispute Resolution

• If the Client is unhappy with any aspect of our Services, they should contact us in writing as soon as possible
• We will acknowledge complaints within 2 working days and aim to resolve them within 14 working days
• Both parties agree to attempt to resolve disputes through good-faith negotiation before pursuing formal proceedings
• If informal resolution fails, both parties agree to consider mediation before litigation
• Nothing in this clause prevents either party from seeking urgent injunctive relief from the courts

24. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes arising under or in connection with these Terms.

Questions About These Terms?

If you have any questions about these Terms and Conditions, or need clarification on any clause, please do not hesitate to contact us:

Email: scream@screamdigital.co.uk
Phone: 0330 043 6454

Scream Max Studios Ltd trading as Scream Digital. Registered in England.