Last updated: 23rd February 2023
Below are our full terms and conditions. Under each section we’ve included an ‘in summary’ box, which is an overview of the legal terms set out above it.
If you are unsure about any of our terms and conditions then please don’t hesitate to contact us. We’re also happy to provide a printed version of our terms and conditions, including in larger print.
Our mission is to provide organisations with high quality websites and digital marketing services to help them promote their business to new and existing customers.
1.1.1. Here are a few definitions of key words and phrases We use in these terms and conditions:
“You”/”Your”: Any person and/or company owner, employee, agent or subcontractor who purchases Our Services.
“We”/”Us”/”Our”: Open Door Digital.
“Services”: The products and services provided by Open Door Digital.
“Content”: Anything You provide to Us for use in providing Our Services. This includes, but is not limited to, text, designs, images, animations, videos, audio files, fonts and logos.
“Fees”: Any monies charged to You by Open Door Digital for provision of Our Services.
“Your End Users”: The end users of the Services We provide to You (for example, visitors to the website provided to You by Open Door Digital).
1.2. Governing law
1.2.1. This Agreement shall be governed by the law of England and Wales and You agree that the courts of England and Wales shall have exclusive jurisdiction.
1.3. ‘In summary’ information
1.3.1. Any explanation provided under the heading ‘In summary’ is provided only for Your convenience and in no way forms a legally binding part of this Agreement.
2. Hiring Open Door Digital
2.1. By purchasing Our Services You warrant that You have the necessary authority to enter into this Agreement, whether You are acting for Yourself or on behalf of another person or organisation, and You must be 18 years of age or older.
2.2. You acknowledge that any documentation or other communications relating to Your purchase of Our Services will be sent electronically to the email address You provided, unless You request otherwise. This includes, but is not limited to, all order confirmations and invoices.
2.4. Once You have placed Your order and We have provided written confirmation of Our acceptance of Your order then both We and You will have to comply with the terms and conditions of using Our Services.
2.5. Any information You provide to Us in relation to using Our Services, including Your contact information, must be full and accurate. You must not impersonate any person or entity, or falsely state or otherwise misinterpret Your affiliation to any person or entity.
2.6. Should the information You provided become out of date then You undertake to provide Us with updated information immediately. We may suspend Our Services to You should We reasonably believe that the information You have provided is inaccurate.
2.7. You acknowledge that in using Our Services You may have access to information about Open Door Digital which is not known publicly. You agree not to disclose any such information to any third party.
To purchase our services you need to be over 18 and have the necessary authority to purchase them (eg on behalf of the business you work for).
Please keep your contact details, and any other information you provide us with, up to date.
Any information which we share with you which isn’t in the public domain (eg on our website) mustn’t be shared with anyone else.
3. Our services
3.1. How We provide Our Services
3.1.1. Once Your order has been accepted We will provide You with Our Services as quickly as is reasonably practicable. You will inform You of any delays.
3.1.2. You acknowledge that it is not possible to guarantee the complete security of data transmitted via the internet and that We are not liable for any interception or corruption of Your Content, communications or other data transmitted via the internet in relation to Our Services.
3.1.3 Open Door Digital may license or sub-contract any or all of the services We provide to You with or without Your consent.
3.1.4. You understand that Open Door Digital does not provide any legal advice or recommendations with respect to any laws or requirements applicable to You or any of Your End Users, or Your compliance therewith.
3.1.5. You agree that We may use any version of the Services We have provided to You for Our marketing or promotional purposes, worldwide and in perpetuity.
3.1.6. We may occasionally send You promotional messages in relation to Your Open Door Digital account. If You would prefer not to receive such messages then please let Us know at any time. This will not affect the provision of any reporting or renewal information which We provide to You.
3.1.8. We always welcome feedback about Our Services. By providing Us with feedback You agree that We may, at Our discretion, use Your feedback in any Open Door Digital marketing or promotional activities.
3.2. Domain name
3.2.1. We do not make any warranty that any domain name You require will be available or accepted for registration.
3.2.2 We will register any domain names provided to You as part of Our Services and renew the registration thereof once Your annual renewal Fee has been paid.
3.2.3. You agree that any disputes arising from the registration of Your chosen domain name will be resolved as follows:
22.214.171.124. ~.uk domain name disputes will be resolved in accordance with the Nominet UK Dispute Resolution Services.
126.96.36.199. ~.com, ~.net, ~.org, ~.info, ~.biz and ~.name domain name disputes will be resolved in accordance with the Uniform Domain-Name Dispute-Resolution Policy.
3.2.4. If Your domain name is to be transferred between registrars then You will provide any assistance We or either registrar requires to carry out the transfer.
3.2.5. If You choose to register Your domain name outside of the Open Door Digital Services then We accept no responsibility for the payment of any costs arising nor for any renewal of such domain names.
3.2.6. If You choose to connect Services provided by Open Door Digital to an external domain name then Open Door Digital will not be liable for any Fees related to that domain name. You must ensure that the WHOIS database entry for that domain shows the domain registrar to be the same individual or organisation as has purchased the Open Door Digital Services.
3.3. Email (please note that We no longer offer email services to new clients)
3.3.1. The mailbox for any email address which We provide to You as part of Our Services will have a maximum capacity of 500mb of data. If Your mailbox reaches that capacity then no further emails will be sent or received until You take action to reduce the data. Open Door Digital is not responsible for the loss of any emails, or any resulting loss or damages, due to Your mailbox reaching 500mb.
3.4.1. Any code or data that is created by Open Door Digital remains the sole property of Open Door Digital.
3.5.1. You must own all rights in and to all Content You provide to Us for use in supplying You with Our Services. Open Door Digital reserve the right to determine the ownership of any Content You provide to Us. You must not submit Content which infringes the rights of Open Door Digital or any third party, including, but not limited to, intellectual property rights and privacy rights.
3.5.2. You are solely responsible and liable for the Content within the Services We provide to You and You must ensure that it fully complies with Your business requirements, all applicable laws and any other contractual terms, including those specific laws applicable to You or Your End Users in any of Your geographic locations.
3.5.3. If You have existing online marketing (including, but not limited to, a website, social media account or Google Ads account) and request that We use the Content from that online marketing, You warrant that You have full rights to such Content and authorise Us to access, copy, store, compile and use such Content for the purposes of providing You with Our Services.
3.5.4. You must not submit Content which may be considered to be defamatory, libellous, obscene, abusive, racist, offensive, deceptive or fraudulent.
3.5.5. Open Door Digital does not endorse or assume liability for any Content made available through Our Services.
3.5.6. If We receive a valid copyright infringement notice regarding Content You have provided or Your domain name then We reserve the right to suspend or terminate the Services We provide to You. How to send Us a copyright infringement notice.
3.6.1. If We supply You with any username and/or passwords in relation to Your Open Door Digital account or any third party accounts then it is Your responsibility to:
188.8.131.52. Keep such usernames and passwords safe and secure.
184.108.40.206. Change passwords regularly.
3.6.2. Where such usernames and/or passwords pertain to a third party’s service (for example Google or Facebook) then You shall adhere to their rules and best practice requirements for the security of Your account.
3.6.3. We accept no responsibility for any usage of password protected accounts once the password has been provided to You. This includes, but is not limited to, any data losses or security issues as a result of a third party accessing password protected accounts.
3.7. Third party services
3.7.1. Some parts of Our Services use third parties, such as, but not limited to, Google, Facebook or Twitter. By requesting such services through Open Door Digital, You agree that, if applicable, We shall open an account on Your behalf and that You will comply with the third party’s terms, rules and regulations.
3.7.2. You acknowledge that We cannot influence the services provided by third parties and therefore:
220.127.116.11. We cannot guarantee that a request to use such services on Your behalf will be accepted;
18.104.22.168. We are not responsible for the performance or non-performance of such services.
3.8. Service disruption
3.8.1. We aim to provide Your Services with minimal disruption, however We do not warrant that any Services will be continuous or uninterrupted.
3.8.2. We may temporarily suspend Your Services for essential maintenance or to deal with any hacking attempts or other attacks on Our Service.
3.8.3. If You notice any problems with the availability or functioning of the Services We have provided to You then You should notify Us immediately.
3.8.4. We backup Our servers regularly to ensure continuity of the Services We provide. Should We need to restore data from a backup copy then We may temporarily suspend Your Services while this is done.
3.9. Inappropriate use of Our Services
3.9.1. You must not submit any files containing malicious code including, but not limited to, viruses, Trojan Horses, spyware or malware.
3.9.2. If You or Your End Users make unusual and sustained high demands on Our disk space or bandwidth You may be required to reduce or optimise Your Content. If You do not make the required changes to reduce the demands on Our disk space or bandwidth then We may charge You an additional Fee, suspend Your account or terminate Your account at Our sole discretion.
3.9.3. The Services We provide are intended for Your use only and must not be resold, copied or given away to third parties in any way or form, unless agreed with Us in writing.
3.9.4. You must not imply that Open Door Digital in any way endorses Your Content or Your business.
3.9.5. You must not use Our Services for unethical purposes including, but not limited to, spam, fraud, phishing or pyramid schemes.
How we provide our services
We’ll have your website or digital marketing ready for you as quickly as possible and keep you up to date with our progress. We may use our work with you in our marketing, we may also use any feedback you give us in the same way.
We occasionally send promotional messages, so let us know if you’d prefer not to receive these.
We’ll do our best to obtain the domain name you require, but can’t guarantee we’ll be able to register it. If you have your own domain name registered already, and choose not to transfer it to us, then we won’t pay the registration costs for that domain name.
It’s really important that you own all the rights to any content you ask us to put on your website, ie it’s important that the content you send us doesn’t infringe someone else’s intellectual property rights. Copying text from another website, or using images (including photographs) without the proper licence or permissions is illegal, so be careful where you source things from.
We strongly recommend that you proof read any content we write for you as it’s your responsibility to check it’s correct.
Passwords and third party services
We’ll sometimes send you passwords, for example if we set up a Facebook account on your behalf. It’s important that you keep the passwords safe and change them regularly. When you use third party services such as Facebook, Twitter or Google you need to make sure you’re doing so according to their rules and regulations.
We ensure 24/7 monitoring of Your website and keep maintenance to a minimum so your services are available as continuously as possible, however we can’t guarantee that there won’t be any downtime.
We backup Your website every day, so even if there is a problem we can restore Your website with a backed up copy.
You mustn’t do anything to harm our business or our services, such as sending us files containing computer viruses or suggesting that we endorse the content of your website.
We manage the disk space and bandwidth available for your website so there should always be plenty available, however if you store too much information on your website (this would only happen if you have a blog or latest news section) or if you have an exceptionally high amount of traffic, this could use too much disk space or bandwidth. If this happens we’ll always get in touch with you to try and resolve the problem.
It’s important to us that the services we provide aren’t used in an illegal or unethical way, intentionally or accidentally.
4.1. Open Door Digital’s quoted Fee is binding upon Open Door Digital so long as You agree to said fee in writing, or make payment, within 60 days of receiving the quotation.
4.2. You agree to pay Our Fees when You submit Your order to Open Door Digital. The following payment types are accepted:
- Bank transfer
4.3. All Fees are payable in advance and are non-refundable. All Fees are stated in Great British Pounds (£).
4.4. We will issue an invoice for any Fees payable to Us or refunds which We make. Invoices will be issued electronically to the email address You have provided to Us for the management of Your account, or via Xero if You provide Us with a Xero network key.
4.5. VAT and other applicable taxes will be added to the Fees which You are due to pay. Whether or not such taxes were added and collected from You for previous Fee payments, such taxes may be added to the payment of any future Fees.
4.6. Any late Fee payments may result in a delay to delivering, or suspension of, Our Services. We reserve the right to charge a £20 per month late payment Fee to cover our administration costs.
4.7. Open Door Digital reserves the right to change its Fees at any time. We will tell You at least 14 days in advance of Your renewal date if such a change will affect Your renewal Fee.
4.8. If You received a discount from Us then, once the agreed discount period has terminated, We will automatically renew Your account at the full applicable Fee.
4.9. Renewal payments
4.9.1. Unless otherwise specified in writing Our Services are provided for a minimum contract term of 12 months. The Services We provide to You will be automatically renewed unless cancelled in accordance with clause 5 below.
4.9.2. We will send You an invoice for Your renewal Fee payment prior to Your renewal date.
4.9.3. It is Your responsibility to pay the renewal Fee prior to Your renewal date. If Your renewal Fee is not paid prior to Your renewal date then We may immediately suspend or terminate the Services We provide to You. You acknowledge that You shall not have any claim against Us for any damage or losses suffered as a result of such suspension or termination of Services.
4.9.4. If the Services We provide to You are suspended or terminated due to non-payment of renewal Fees Your use of such Services will not resume until the renewal Fee and any expenses incurred by Open Door Digital are paid in full.
4.10. If an ongoing payment is required to a third party, such as Google Ads or Facebook Ads, We may require You to make this payment directly with that third party. It will be Your responsibility to ensure that Your payment information is kept up to date.
We charge a one-off price to build your website and then an annual fee for continuing to use our services. Our digital marketing services may be subject to a one-off fee and/or ongoing monthly charges.
Our quotes are valid for 60 days.
We’ll automatically renew your services unless you contact us to cancel them. If you don’t pay your renewal fee in time then we may suspend your services until payment is made.
We’ll send you an invoice by email for any fees payable, so please ensure we have the correct email address to send this to.
All our prices are in GB£ and can be paid by bank transfer or cheque. VAT is added to all charges.
If your payment is late this may delay your project or lead to us suspending our services. We might also charge you a £20 per month late payment fee.
We may change our prices at any time. If this affects you (for example a change to your renewal price) then we will let you know about this at least 14 days in advance.
If you had a discount due to a special offer we’ll automatically renew your services at full price once the special offer period has expired.
We may require you to make payments directly to a third party, for example to fund the ‘click budget’ for a Google Ads campaign.
If you have any questions or concerns about a payment then please contact us so we can work with you to resolve any issues.
5.1. You may discontinue and request to cancel Your use of Our Services at any time.
5.2. Cancellation requests for website hosting must be received at least 14 days prior to the renewal date of Your contract with Us, otherwise Your renewal payment will not be refunded.
5.3. Cancellation requests for retained digital marketing services (including advertising) must be received at least 31 days in advance of Your required cancellation date.
5.4. Once We have received Your cancellation request We will provide You with written confirmation of cancellation.
5.5. If You purchase Our Services as a consumer (not for the purpose of conducting business) then You acknowledge that You have lost Your 14 day right to cancel this Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and that You give Us express consent to supply Our Services immediately.
5.6. If You require a full transfer of all Services to another provider then You must inform Us of this in writing when You submit Your cancellation request. By requesting a full transfer You agree to pay a transfer Fee of £130 to Open Door Digital to cover Our administration costs.
5.7. If You do not request a full transfer of all Services to another provider then, following confirmation of cancellation, We will:
5.7.1. Withdraw all Services We have provided to You, including Your website, digital marketing services, advertising services and any email addresses We have provided;
5.7.2. If We have registered a domain name for You then this will be lapsed unless You notify Us in writing of a domain registrar to transfer it to;
5.8. If You fail to comply with any of the Open Door Digital Terms and Conditions and/or to pay any due Fee shall entitle Open Door Digital to suspend (until full payment is made) or terminate Your account and Services, without any refund of Fees paid.
5.9. Open Door Digital shall not be liable in any way for any loss of Content or domain name registration that was included in Our Services to You as a result of the cancellation of Our Services (whether at Your request or Our discretion).
5.10. If You choose to re-activate Your account after written confirmation of cancellation has been provided You will be responsible for any charges We incur as a consequence of the account re-activation. We offer no warranty that Your original Service will still be available.
5.11. All Fees are non-refundable except in the following circumstances:
5.11.1. A pro-rata refund will be paid to You if We terminate Services provided to You for any reason other than a breach of this Agreement by You.
5.11.2. A pro-rata refund will be paid to You if You cancel Services due to a change We make in relation to clause 7.1 which would be reasonably considered to be to Your detriment.
You can cancel at any time, however we won’t give you a refund unless we cancel the service (unless we’ve done so because you’ve breached our terms and conditions) or if we’ve made a change to the service to your detriment (for example by putting prices up unreasonably).
To cancel our website services you must let us know at least 14 days before your annual renewal. To cancel our digital marketing services (including advertising) you need to let us know at least one month in advance.
If you are a consumer (ie not buying our services as a business) then the consumer protection regulations would usually give you a 14 day refund. However, this would mean that we couldn’t start work on your website for 14 days, just in case you decided to cancel. Therefore under this agreement you waive the right to cancel so we can provide you with services straight away. This legislation doesn’t apply to businesses.
When you cancel you have three options:
- We can just stop all your services.
- We can stop your services and, if appropriate, transfer your domain name to a registrar of your choice (so you keep your domain name but not your website), there is no charge for this.
- We can transfer all your services to a new provider (eg if you wanted to keep your website but transfer it to someone else to manage), but we charge £130 to do this, to cover our costs.
Please note that if you cancel and don’t transfer your domain name then we will lapse it and you might not be able to re-purchase it.
6. Disclaimers and limitations
6.1. We provide Our Services on an ‘as is’ basis and warranty-free.
6.2. Open Door Digital, its officers, directors, employees, affiliates and/or agents shall not be liable to You for any direct or indirect loss or damage of any nature which You suffer as a result of using Our Services, including:
6.2.1. Loss or corruption of data;
6.2.2. Loss of sales, revenue or profit;
6.2.3. Loss of goodwill or any other intangible losses;
6.2.4. Personal injury or property damage;
6.2.5. Any loss or damage due to interruption or suspension of Our Services;
6.2.6. Any loss or damage due to events beyond Our reasonable control, including any third party supplier failures, telecommunications failures, internet failures, equipment failures, power failures, strikes, riots or other civil commotions, shortages of labour, accidents, fires, floods, storms, earthquakes, explosions, acts of God, terrorism, war, government action, compliance with any government law or regulation, or similar force.
6.3. You agree to indemnify and hold harmless Open Door Digital, its officers, directors, employees, affiliates and/or agents against any and all claims and liabilities as a result of:
6.3.1. Your breach of any part of these Terms and Conditions or any other Open Door Digital terms;
6.3.2. Your violation of any third party’s rights, including copyright and privacy rights;
6.3.3.Claims that the any of Your use of Our Service caused damage to a third party.
6.4. If any part of this Agreement is found to be legally invalid or unenforceable, then that part will be considered severable and will not affect the validity and enforceability of the other parts of this Agreement. We will replace any such invalid parts with a valid and enforceable provision with the intent that it shall achieve the intentions of the original part.
6.5. You agree that Our failure to enforce any part of this Agreement does not affect Our right to enforce it at any time in the future.
We don’t offer any warranty on our services and we aren’t liable for any damages in relation to the services we provide. In addition, if any legal action is taken against us because of something you did, then you will be liable for any associated costs and damages.
7.2. If any change made in relation to clause 7.1 is likely to have a serious detrimental effect on the value or benefits You receive from Our Services then You can cancel Your use of Our Services according to the cancellation terms set out in clause 5.9.2.
7.3. By continuing to use Our Services You agree to be bound by any changes made in relation to clause 7.1.
From time to time we’ll change our terms and conditions or our services. If the change will have an impact on you we’ll let you know about it. If the change makes a very negative difference to the service we provide you then you have the right to cancel and get a pro-rata refund. By not cancelling you are indicating that you agree to the changes and will continue to use our services.
8.1. This Agreement represents the entirety of the agreement between You and Open Door Digital. You acknowledge that this Agreement replaces any other agreement, statement, promise, understanding or communication between You and Us in relation to the Services, whether oral or in writing.
This agreement overrides any previous agreements or conversations we have had. If you’re not sure whether something we’ve previously discussed is included in this agreement then please don’t hesitate to contact us to ask.
9. Transfer of rights
9.1. Open Door Digital may assign its rights and titles under this Agreement to another party without notifying You or obtaining Your consent.
This means that in the future we can transfer some or all of our business to another organisation. We’re not obliged to tell you if this happens.
10. Relationship between You and Open Door Digital
10.1. This Agreement does not constitute any sort of partnership, joint venture, or other relationship between You and Open Door Digital. This Agreement does not infer upon You any rights to act as Our agent.
This agreement is just for us to provide you with our website services, it doesn’t mean there’s any other sort of relationship between you and us.