Terms of service

1. About these terms

These terms are between you and Nod & Co, 61 Bridge Street, Kington, HR5 3DJ, United Kingdom (“we”, “us”). Contact us at hello@nodandco.co.uk.

Our services are for businesses. By approving work or choosing a plan, you confirm you're acting for your business and that you can agree to these terms for it. The written summary of what we'll build, which you agree on a private link, forms part of these terms; if it says something different, the summary wins.

2. The free preview

• We build a preview of your website or logo before you pay anything. You don't owe us anything for it.
• You can ask for changes, and we'll make a reasonable number of them. A completely different business, set of services or design direction after we've agreed the first is a new brief, and we'll tell you before starting on it.
• You can stop at any point before you approve it, for any reason, and owe nothing.
• The preview, the designs and any files remain our property until they're paid for. You may not copy or use them until then.

3. Giving it the nod

When you're happy, you approve the work on its private link (“giving it the nod”). The link records the name you give and the date. That approval is your acceptance of the work as shown and of these terms, and, for a website, of the plan you've chosen.

4. Paying

• After you approve, we send a payment link with the amount, what it's for, our bank details and a reference. Payment is due by bank transfer within seven days.
• We don't take card payments and never take payment on our website.
• We launch your site, or send your logo files, once payment has arrived.
• Prices are those on our pricing page on the day you approve. We are not VAT-registered, so no VAT is added. If that changes, we'll tell you before your next payment period.
• Our bank details will never change by email or WhatsApp. If you receive a message saying they have, don't pay: contact us using the details on this website.

5. Monthly website plans

• A plan starts on the day your site launches. It is paid in advance, every six months or every year, as you choose. There is no separate build fee: the build is paid for through the plan, which is why the first payment period is the minimum.
• Each plan includes what's listed for it on our pricing page. Small changes, such as new prices, opening hours, photos and text, are included; we'll tell you before starting anything that's bigger than that, and whether it's covered.
• Before each new period starts, we send a payment link. You can change plan at the start of any period.
• Payments already made for a period aren't refunded if you leave part-way through it; your plan simply runs to the end of the period you've paid for.
• If a payment is more than 14 days late, we may take the site offline until it's paid. We'll warn you first.
• Your domain: we register, renew and look after your domain name for you, in your name, at no charge for the work. The domain's own yearly fee is yours to pay; we tell you what it is before you start and send a payment link before each renewal. If a renewal fee isn't paid, the domain can lapse, so we'll remind you in good time.

6. Logos and branding

• Logos and branding packages are a single payment, made after you've approved the design.
• Once paid in full, you own the copyright in the final approved logo and brand artwork, and we send you the files listed in your package.
• Concepts we showed you but you didn't choose stay ours. Fonts are licensed by their makers; we use fonts you're free to use for your business, or tell you if one needs a licence.
• Every logo we design is original work. We don't carry out trade mark searches, so if you plan to register your logo or name as a trade mark, search the UK register first or ask a trade mark attorney; we'll happily point you to where to look.
• We may show the finished work in our portfolio. If you'd rather we didn't, tell us and we won't.

7. Ads, social media and online shops

• Ads: you pay Google or Meta directly for your ads, from an account in your name. Our fee is 20% of the amount your ads spend in each period, worked out from the platform's own figures, and we send a payment link for it with those figures. The same fee applies to every client who runs ads with us, including e-commerce partners.
• Social media: your accounts stay in your name; we're added as a manager. Each month's posts are sent to you for approval in writing before anything is published.
• E-commerce partnership: your customers pay you, into a payment account in your business's name that we connect to your shop. We don't collect, hold or take payments on your behalf. You pay us the share of sales from what you receive; the share, how it's worked out and when it's paid are set out in a separate written agreement before we start.

8. What's yours

• Your domain: Registered in your name. We handle it for you: registering it, renewing it and pointing it at your site. The domain's own yearly fee is the one cost you pay separately. If you already have a domain, it stays where it is and we point it at your new site.
• Your words, photos and logo: Everything you give us, and every word we write for your site, is yours to use anywhere, during the plan and after it.
• Your customers' details: Enquiries that come through your site are yours. We only handle them to run the site for you, and you can have a copy whenever you ask.
• Your accounts: Google Business Profile, Analytics, Search Console and social accounts are set up in your name, with us added as a manager.
• Leaving: Tell us before your next payment is due and the plan ends when the period you've paid for ends. Within 14 days we send your words, photos and enquiries and help you move the domain.
• The design and code: Your site runs on our own platform, so the code stays ours. If you'd like to take the design with you when you leave, ask and we'll quote for it.

9. Leaving

Tell us in writing before your next payment is due. Your plan ends at the end of the period you've paid for, and within 14 days of that we send you your words, photos and the enquiries your site received, and help you move your domain to wherever you choose. Accounts in your name stay yours; we remove our own access.

We may end a plan if you seriously break these terms and don't put it right within 14 days of us asking, or at the end of any period with at least 30 days' notice. Either way, section 8 still applies.

10. What we need from you

• Answers, content and access when we ask for them, so we can keep to the dates we give you.
• Only content you're allowed to use: your own photos and words, or ones you have permission for. You're responsible for the accuracy of claims about your own business, such as qualifications, memberships and prices.
• Nothing unlawful, defamatory or misleading on your site.

11. What we can't promise

We do the work described in your plan carefully and show you every month what we did. But nobody outside Google, Bing or Meta controls where you appear in their results or how many people see your ads, so we don't guarantee rankings, traffic, enquiries or sales. Search engines and platforms change their rules; we adapt your site to them, but can't prevent the changes.

12. Liability

• Our total liability to you under these terms is limited to the amount you've paid us in the 12 months before the claim.
• We aren't liable for loss of profit, business, revenue or data, or for indirect losses, or for problems caused by services we don't control, such as your domain registrar, Google or Meta.
• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow us to limit.

13. Personal data

How we handle your information is in our privacy notice. For the personal data of your customers that passes through a site we run for you, you are the controller and we are your processor. We will: only process it on your instructions to run your site; keep it confidential and secure; only use the providers named in our privacy notice, under written terms that protect it; help you respond to requests from your customers; tell you without undue delay if it's ever compromised; and, when our work ends, return or delete it as you choose, unless the law requires us to keep it.

14. General

• We may update these terms. Changes apply from your next payment period, and we'll tell you about any that matter before then.
• Neither of us is responsible for delays caused by events outside our reasonable control.
• These terms are governed by the law of England and Wales, and the courts of England and Wales can deal with any dispute. We'd always rather talk it through first.