These Terms of Service ("Terms") constitute a legally binding agreement between you and Malcolm Solutions ("we," "our," or "us") regarding your use of our website www.malcolmsolutions.co.uk and our web development and design services.
By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.
Malcolm Solutions provides professional web development and design services, including but not limited to:
Specific services will be outlined in individual project agreements or service contracts.
All projects begin with a detailed proposal outlining scope, timeline, deliverables, and costs. Services commence only after written acceptance of the proposal and initial payment.
Any changes to the agreed project scope must be documented in writing and may result in additional charges and timeline adjustments.
Clients are responsible for providing:
Payment terms will be specified in individual project agreements. Typically:
Invoices are due within 30 days of issue. Late payments may incur a service charge of 1.5% per month. We reserve the right to suspend services for accounts more than 30 days overdue.
Deposits are non-refundable once work has commenced. Refunds for completed work are considered on a case-by-case basis and may be subject to a cancellation fee.
Upon full payment, clients own the final website design and custom code developed specifically for their project. This includes custom graphics, layouts, and written content created by Malcolm Solutions.
Websites may include third-party components (frameworks, plugins, stock images) governed by their respective licenses. Clients are responsible for compliance with these licenses.
Malcolm Solutions retains the right to display completed projects in our portfolio and marketing materials, unless specifically prohibited in the project agreement.
We warrant that our services will be performed in a professional manner consistent with industry standards. We provide a 30-day warranty on custom development work for bug fixes and functionality issues.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We disclaim all responsibility for third-party services, hosting providers, or external integrations beyond our direct control.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MALCOLM SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION.
Our total liability for any claim arising out of or relating to these Terms or our services shall not exceed the total amount paid by the client for the specific service giving rise to the claim.
If we provide hosting services, we will use commercially reasonable efforts to maintain uptime. However, we do not guarantee 100% uptime and are not liable for hosting-related downtime.
Ongoing maintenance services include security updates, performance monitoring, and technical support as outlined in maintenance agreements. Major redesigns or functionality changes are separate services.
While we maintain regular backups, clients are ultimately responsible for their data and should maintain independent backups of critical information.
We respect the confidentiality of client information and will not disclose confidential information to third parties without prior written consent, except as required by law.
Both parties agree to maintain the confidentiality of proprietary information shared during the course of our business relationship.
Clients may terminate services with 30 days written notice. Clients remain liable for all work completed and expenses incurred prior to termination.
We may terminate services immediately for non-payment, breach of terms, or if the project becomes technically unfeasible.
Upon termination, we will provide completed work upon receipt of payment. Clients must remove any Malcolm Solutions branding and may not use incomplete work without written permission.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
Before pursuing legal action, both parties agree to attempt resolution through good faith negotiations. If unsuccessful, disputes may be resolved through mediation or arbitration.
The prevailing party in any legal proceeding may be entitled to recover reasonable attorney fees and costs.
Users may not use our website for any unlawful purpose or in any way that could damage, disable, or impair our website or interfere with other users' enjoyment of the website.
Users are responsible for any content they submit through our website and must ensure they have the right to share such content.
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Clients agree to indemnify and hold Malcolm Solutions harmless from any claims, damages, or expenses arising from: (a) client's use of our services, (b) client's violation of these Terms, (c) client's infringement of any third-party rights, or (d) content provided by client.
We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a new "Last updated" date. Continued use of our services after changes constitutes acceptance of the modified Terms.
For ongoing service agreements, material changes will be communicated to clients with 30 days notice.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms remain in full force and effect.
These Terms, together with any signed project agreements and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior communications and proposals.
If you have questions about these Terms of Service, please contact us:
Malcolm Solutions
Email: legal@malcolmsolutions.co.uk
General Inquiries: info@malcolmsolutions.co.uk
Website: www.malcolmsolutions.co.uk
Response Time: We aim to respond to all legal inquiries within 5 business days.
These Terms of Service are effective as of January 2025 and apply to all users of Malcolm Solutions services.