Terms of Service

1. Agreement Overview

These Terms of Service ("Terms") govern the contract between Next Step Modern Solutions Ltd ("Agency," "we," "us," "our") and any individual or business entity ("Client," "you," "your") who engages our web design, development, and sales funnel services.

Services: Website design, website development, sales funnel creation, e-commerce solutions, and related digital marketing assets.

By engaging our services, you agree to these Terms. If you do not accept, do not proceed with payment or project commencement.

2. Services Scope and Deliverables

2.1 Scope of Work

The services we provide are detailed in your project proposal and specification document. Standard deliverables include:

• Website design mockups (2 revision rounds included)
• Fully functional, responsive website
• Content management system setup
• Testing and bug fixes (2 rounds)
• Deployment to live hosting
• Basic user documentation

2.2 Client Responsibilities

You are responsible for providing:

• All content (text, images, videos)
• Brand guidelines and assets
• Timely feedback and approvals
• Access to hosting and third-party services
• Clear project requirements

3. Project Timeline

Project timelines are estimated based on project complexity, typically 8–16 weeks. This assumes:

• Client provides content within agreed deadlines
• Client approves deliverables within 5 business days
• No significant scope changes occur
• Client responds promptly to requests

Client-caused delays will extend the project timeline accordingly. We are not liable for missed deadlines due to client delays.

4. Payment Terms

4.1 Pricing Structure

Project fees are outlined in your proposal. Standard payment structure:

• 50% deposit: Due at project sign-off to secure timeline
• 50% balance: Due upon project completion and go-live

4.2 Additional Work

Work beyond the agreed scope is billed at our hourly rate (£75–£150/hour depending on complexity). Examples include:

• Additional pages or functionality
• Design changes beyond included revisions
• Third-party integrations not originally specified
• Content creation or optimization

4.3 Late Payment

If payment is not received within agreed terms:

• 1.5% monthly interest (18% per annum) applies to overdue amounts
• Project work may be suspended
• Final deliverables will be withheld until full payment

5. Intellectual Property Rights

5.1 Client Ownership

Upon full payment, you own:

• Final website design and code
• Content created exclusively for your project
• Website and all underlying files

5.2 Our Retained IP

We retain ownership of:

• Pre-existing templates, frameworks, and code libraries
• General methodologies and processes
• Reusable components (with your branding removed)

5.3 Third-Party Assets

You are responsible for ensuring you have rights to all content you provide. We are not liable for intellectual property infringement claims arising from client-provided materials.

6. Data Protection

You are the Data Controller for any personal data collected through your website (e.g., customer emails, contact forms). We are the Data Processor.

You must:

• Ensure lawful basis for collecting customer data
• Display a clear Privacy Policy on your website
• Implement cookie consent mechanisms
• Comply with UK GDPR and data protection laws
• Respond to data subject access requests

A separate Data Processing Agreement (DPA) will be provided if your website collects personal data. See our Privacy Policy for how we handle your business data.

7. Liability and Warranties

7.1 Our Warranties

We warrant that:

• Website will be functional and responsive as specified
• Code will be tested and free from known bugs
• Website will be compatible with modern browsers
• Security measures will meet industry standards

7.2 Limitation of Liability

Our total liability is limited to the amount you paid us in the 12 months preceding the claim, or £10,000 (whichever is lower). We are not liable for:

• Indirect or consequential damages (lost profits, lost revenue)
• Business interruption or operational losses
• Data loss due to your failure to maintain backups
• Third-party service failures

Exception: This cap does not apply to gross negligence, willful misconduct, data breaches caused by our security failures, or intellectual property infringement.

7.3 Client Indemnification

You agree to indemnify and hold us harmless from claims arising from your website content, intellectual property infringement, or misuse of the website.

8. Revision and Approval Process

Included revisions: 2 rounds of design revisions and 2 rounds of testing/bug fixes are included in your project.

Approval timeline: You must provide feedback within 5 business days of each milestone delivery. If no feedback is received, the deliverable is deemed approved and we proceed to the next phase.

Additional revisions: Changes beyond included revisions are billed at our hourly rate.

9. Post-Launch Support

9.1 Complimentary Support (30 Days)

For 30 days after go-live, we provide:

• Bug fixes related to our development
• Minor content updates (up to 3 hours)
• Email support with 48-hour response time

9.2 Ongoing Maintenance (Optional)

After 30 days, we offer optional maintenance packages starting at £50/month, including:

• Monthly development support hours
• Security updates and patches
• Performance optimization
• Priority support

9.3 Your Responsibilities

After the 30-day support period, you are responsible for:

• Paying hosting and domain fees
• Keeping CMS software updated
• Running regular backups
• Installing security patches

10. Termination

10.1 Cancellation by Client

Before project start (within 5 days of deposit): 80% refund (20% admin fee retained)

After project start: No refund; you pay for all completed work to date

10.2 Termination by Agency

We may terminate with 10 business days' notice if:

• Payment is not received within 30 days of invoice
• You provide illegal or harmful content
• You are non-responsive for more than 30 days
• You materially violate these Terms

Upon our termination for cause, you remain liable for all fees to the termination date.

11. Confidentiality

Both parties agree to keep confidential:

• Project details and costs
• Business strategies discussed
• Technical specifications
• Unpublished website content before launch

Either party may reference the other as a client/partner unless confidentiality is requested in writing.

12. Dispute Resolution

12.1 Informal Resolution

If a dispute arises, we will first attempt informal resolution through discussion.

12.2 Mediation

If informal resolution fails, either party may request non-binding mediation before pursuing legal action.

12.3 Governing Law

These Terms are governed by English law. Any legal proceedings will be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Website Legality and Compliance

You warrant that your website content is:

• Legal and does not violate any laws
• Not defamatory, fraudulent, or harmful
• Compliant with advertising standards
• GDPR-compliant if collecting personal data

We reserve the right to refuse projects or content we believe is illegal or unethical.

14. Consumer Rights

If you are a Consumer (individual purchasing for non-business purposes), you may have additional rights under the Consumer Rights Act 2015, including:

• 14-day cancellation right from contract acceptance (if work has not commenced)
• Right to services performed with reasonable care and skill
• Right to services performed within reasonable time

To exercise cancellation rights, email hello@nextstepmod.com within 14 days.

15. Changes to Terms

We may update these Terms for future clients. Changes do not apply to existing projects unless you consent in writing. Material changes will be communicated via email or website notice.

16. Contact Information

Next Step Modern Solutions Ltd

Email: hello@nextstepmod.com

For legal notices or inquiries about these Terms, please contact us at the email address above.

17. Acknowledgment

By engaging our services and paying the deposit, you confirm that you have read, understood, and agree to be bound by these Terms of Service.