WEBSITE TERMS OF USE

1. About these Terms

These Website Terms of Use explain the terms on which you may access and use the Mastered by Design website.

The website is operated by:

Stephen Salisbury trading as Mastered by Design

Trading name: Mastered by Design

Legal status: Sole trader

Service address:

Mastered by Design

Grosvenor House

3 Chapel Street

Congleton

Cheshire

CW12 4AB

Email: enquiries@masteredbydesign.com

By using this website, you agree to these Terms.

If you do not agree to these Terms, you should stop using the website.

2. These Terms apply to the website only

These Terms govern your access to and use of the Mastered by Design website.

They do not form the contract under which Mastered by Design provides website design, development, digital or related client services.

Submitting an enquiry, requesting a quotation or discussing a potential project does not by itself create a contract between you and Mastered by Design.

If we agree to undertake work for you, the project will be governed by the separate proposal, quotation, client agreement and/or other project documentation agreed between us.

If there is any conflict between these Website Terms and an expressly agreed client contract relating to paid services, the client contract will govern that project.

3. About Mastered by Design

Mastered by Design provides website design, development and related digital services.

Information about our services, packages, pricing and capabilities is provided through this website to help prospective clients understand the types of work we offer.

We reserve the right to develop, change or withdraw services from time to time.

Nothing on this website guarantees that we will accept a particular project or be available to undertake work within a particular timeframe.

4. Website information and enquiries

We take reasonable care to ensure that information published on the website is useful and accurate.

However, website content is provided for general information and promotional purposes and may be updated from time to time.

Submitting a Start a Project form or otherwise contacting Mastered by Design:

• is an enquiry only;

• does not constitute an order;

• does not require you to proceed;

• does not require Mastered by Design to accept the project; and

• does not create a binding agreement for services.

A project becomes binding only when the relevant scope, price and contractual terms have been agreed in accordance with the client documentation applicable to that project.

5. Packages and pricing

The website may display indicative or fixed starting prices for Mastered by Design services.

Current website packages may include Business, Growth and Signature website options together with optional extras, Website Care plans and other services.

Where a price is stated as “From”, the final cost will depend on the particular scope, requirements, functionality and complexity of the project.

The exact price and deliverables for an individual project will be confirmed before work begins.

Prices displayed on the website may be updated from time to time. Changes to general website pricing do not retrospectively change the price of a project that has already been formally agreed.

VAT

Mastered by Design is not currently registered for VAT. VAT is therefore not currently added to the prices shown on this website.

If our VAT status changes in future, pricing information will be updated as appropriate.

Additional costs

Where stated, costs relating to matters such as:

• website platforms or hosting;

• domain names;

• paid third-party applications;

• software licences;

• integrations; or

• other external services

may be charged separately from Mastered by Design's own fees.

Any project-specific charges will be dealt with in the relevant proposal, quotation or client agreement.

6. Intellectual property rights

Unless otherwise stated, the content of this website is owned by, or licensed to, Mastered by Design.

This may include:

• branding and logos;

• written content;

• website layouts;

• visual designs;

• illustrations and artwork;

• graphics;

• animation;

• interactive experiences;

• HTML;

• CSS;

• JavaScript;

• WebGL and other code;

• photographs;

• videos;

• downloadable materials; and

• other creative or technical content.

You may access and view the website for your own lawful personal or business evaluation purposes.

You must not, without our prior written permission:

• copy substantial parts of the website;

• reproduce or republish our content;

• commercially exploit our designs or code;

• distribute copies of our proprietary content;

• modify our work and present it as your own;

• remove copyright, attribution or proprietary notices;

• reproduce our website layouts, artwork, animations or interactive experiences for unauthorised commercial use; or

• use our proprietary content in any other way that would require our permission under applicable intellectual property law.

Nothing in these Terms transfers any intellectual property rights to you.

Nothing in these Terms restricts any use that is expressly permitted by applicable law.

7. Automated extraction, scraping and reuse

You must not use automated systems to access, extract or reproduce substantial parts of the website in a way that:

• interferes with the website;

• places an unreasonable load on our systems;

• circumvents technical protections;

• copies proprietary content for unauthorised commercial reuse;

• reproduces our designs, code or creative work without permission; or

• otherwise infringes our legal rights.

This includes, where applicable, scraping, data mining, automated extraction and similar techniques.

You must not use our proprietary content for commercial model training, content generation or competing commercial products where doing so would require our permission under applicable law, unless we have given that permission.

Nothing in this section limits rights that cannot lawfully be restricted.

8. Client and third-party materials

The website may display examples of work created for clients or other organisations.

Names, logos, photographs, trademarks, copy and other materials belonging to clients or third parties remain the property of their respective owners where applicable.

Their appearance on the Mastered by Design website does not mean that Mastered by Design claims ownership of third-party intellectual property.

Any use of client work in our portfolio is subject to the rights and permissions applicable to that work.

9. Mastered by Design branding

The Mastered by Design name, logo, visual identity and associated branding must not be used in a way that:

• suggests a partnership, endorsement or association that does not exist;

• misrepresents the source of services;

• creates confusion about the identity of a business; or

• otherwise infringes applicable intellectual property or passing-off rights.

No licence to use Mastered by Design branding is granted merely because you access this website.

10. Acceptable use

You may use the website only for lawful purposes.

You must not:

• use the website unlawfully or fraudulently;

• attempt to gain unauthorised access to the website, server or connected systems;

• probe, scan or test vulnerabilities without authorisation;

• interfere with the proper operation of the website;

• deliberately introduce viruses, malware, malicious code or harmful material;

• carry out denial-of-service or similar attacks;

• attempt to bypass security controls;

• use the website to infringe the rights of another person;

• impersonate Mastered by Design or another person;

• misuse forms or contact facilities; or

• use automated systems in a manner that materially disrupts the website.

We may restrict or block access where reasonably necessary to protect the website, our systems, our rights or other users.

11. Linking to this website

You may link to publicly accessible pages of the Mastered by Design website provided that you do so fairly and lawfully.

A link must not:

• falsely suggest that Mastered by Design endorses or is associated with you;

• damage our reputation;

• misrepresent the nature of our relationship; or

• present our content in a misleading context.

You must not frame the Mastered by Design website within another website or service in a way that suggests our content forms part of that other service without our permission.

We may withdraw linking permission where reasonably necessary.

12. Third-party links

The website may include links to third-party websites, platforms or services.

These links are provided for convenience or additional information.

Mastered by Design does not control third-party websites and is not responsible for their availability, content, security, privacy practices, products or services.

A link does not necessarily mean that we endorse the third party.

You should review the terms and privacy information of any third-party service you choose to use.

13. Website availability

We aim to keep the website available and operating correctly, but we do not guarantee uninterrupted or error-free access.

We may temporarily suspend, restrict or withdraw access for reasons including:

• maintenance;

• technical problems;

• security issues;

• platform outages;

• updates;

• changes to the website; or

• circumstances outside our reasonable control.

We may also change, update, remove or replace website content without notice where appropriate.

14. Website performance and interactive features

The Mastered by Design website uses bespoke visual effects, animation, JavaScript and other interactive technologies.

The appearance and performance of these features may vary depending on:

• your device;

• browser;

• screen size;

• connection speed;

• accessibility settings; and

• technical capabilities.

Some effects may be reduced, simplified or replaced on particular devices in order to maintain accessibility, performance or usability.

15. No professional advice

The website provides information about Mastered by Design and our services.

Unless expressly stated otherwise, website content is not legal, financial, accounting, tax or other regulated professional advice.

You should obtain appropriate professional advice where your circumstances require it.

16. Security

We take reasonable steps to operate and maintain the website securely.

However, no internet-connected website or online service can be guaranteed to be completely secure or free from harmful material.

You are responsible for using appropriate security measures on your own devices and systems.

You must not knowingly introduce malicious or technologically harmful material to the website.

17. Our responsibility to you

Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

In particular, nothing excludes or restricts liability for:

• death or personal injury caused by negligence where liability cannot lawfully be excluded;

• fraud or fraudulent misrepresentation; or

• any other liability that cannot legally be excluded or restricted.

If you are using the website for business purposes

To the fullest extent permitted by law, Mastered by Design will not be liable for losses arising solely from your use of, or inability to use, this informational website where those losses are:

• indirect or consequential;

• loss of profit;

• loss of revenue;

• loss of anticipated savings;

• loss of business opportunity;

• loss of goodwill; or

• loss caused by reliance on general website information rather than an agreed client service.

This section relates to use of the public website only.

Liability arising under a paid client engagement is governed by the separate agreement relating to that project.

If you are a consumer

If you use this website as a consumer, we are responsible for losses caused by our breach of these Terms or failure to use reasonable care and skill where the loss was reasonably foreseeable.

We are not responsible for business losses arising from consumer use of the website.

Nothing in these Terms affects statutory rights that cannot lawfully be excluded or restricted.

18. Privacy and cookies

Our handling of personal information is explained in our Privacy Policy.

Our use of cookies and similar technologies is explained in our Cookie Policy.

Those policies form separate notices and should be read alongside these Terms where relevant.

19. Changes to these Terms

We may update these Website Terms from time to time to reflect:

• changes to the website;

• changes to our services;

• changes to our business;

• changes in technology; or

• changes in applicable law or regulation.

The Last updated date at the top of this page will show when the Terms were most recently revised.

Updated Website Terms apply to use of the website from the date they take effect.

Updating these Website Terms does not retrospectively amend a separate client contract already agreed between Mastered by Design and a client.

20. If part of these Terms is invalid

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary.

The remaining provisions will continue to apply.

21. No waiver

If Mastered by Design does not immediately enforce a right under these Terms, this does not mean that the right has been waived.

22. Third-party rights

Unless expressly stated otherwise, a person who is not a party to these Terms has no right to enforce them.

23. Governing law and jurisdiction

These Website Terms and any dispute arising from the use of the Mastered by Design website are governed by the laws of England and Wales.

If you are using the website for business purposes, the courts of England and Wales will have jurisdiction in relation to disputes arising from these Website Terms, subject to any mandatory legal rules that apply.

If you are a consumer, you may have the right to bring proceedings in the courts applicable to where you live, and nothing in these Terms removes any mandatory consumer rights available to you.

24. Contact us

Questions about these Website Terms can be sent to:

Stephen Salisbury trading as Mastered by Design

Service address:

Mastered by Design

Grosvenor House

3 Chapel Street

Congleton

Cheshire

CW12 4AB

Email: enquiries@masteredbydesign.com