Starter Website Terms and Conditions

1. 1.1
   These terms form the contract between Atom Digital Limited, a company registered in England and Wales (company number 13047276), whose registered office is at Flat 22 Oswald House, Juniper Crescent, London, England, SE10 8LG("Atom Digital", "we", "us"), and the business that orders the Starter Website("you").
2. 1.2
   The Starter Website is offered to businesses only. By ordering, you confirm that you are acting for the purposes of your trade, business or profession and not as a consumer.
3. 1.3
   These terms apply only to the Starter Website and its add-ons. Custom builds are governed by a separate written proposal and agreement.
4. 1.4
   If anything in your order confirmation conflicts with these terms, the order confirmation applies.

• Agreement Date: the date we confirm in writing that your design theme, page text and logo are agreed.
• Go-Live Date: the date your website is first made publicly available.
• Minimum Term: the 12 months starting on the Go-Live Date.
• Monthly Fee: £59 + VAT a month for hosting and maintenance.
• Platform: Atom Digital's themes, code, templates, hosting infrastructure and related software used to build and run your website.
• Your Materials: text, images, logos and other content you supply to us.

1. 3.1
   The contract starts when you accept our written order or quote and we receive the setup fee.
2. 3.2
   We may decline an order before the contract starts, in which case we will refund any payment.

1. 4.1
   For the setup fee and Monthly Fee, we provide:

   • Up to 5 pages. Based on a design theme you choose, in up to 3 of your brand colours.
   • Works on phones, tablets and computers. Built with modern web technology (Next.js) so your site looks right on any screen.
   • Contact form to your inbox. Every enquiry goes straight to your business email. Customers give their email address, so you can reply directly.
   • Logo design. We design a logo for you. If you'd rather use your own, just send it to us.
   • Domain connection. We set up the DNS so your domain name points to your new website. Buying the domain itself is not included.
   • Hosting and maintenance. For £59 + VAT a month, we host your website on our shared server (suitable for low to medium traffic) and keep it running and working properly. Edits and new features cost extra.
   • Backups. We back up your website every two weeks as part of hosting and maintenance.
   • Price fixed for 12 months. Your £59 + VAT monthly price is guaranteed not to rise during your 12-month minimum term.
2. 4.2
   Maintenance means keeping your website hosted, running and working as built. It does not include changes to content or design, new pages or new features. We will quote for these per task, and we will only do the work once you accept the quote.
3. 4.3
   Add-ons connect your website to software you already use, at £100 + VAT each. Setting up a new third-party tool for you, or building a full system, is not an add-on and needs a separate quote.

1. 5.1
   You will choose a design theme, confirm any add-ons and send us your page text and logo (unless we are designing your logo) promptly.
2. 5.2
   You are responsible for buying and renewing your domain name and for giving us the access needed to set up the DNS.
3. 5.3
   You confirm that you own or have permission to use Your Materials, that they are accurate and lawful, and that they do not infringe anyone else's rights.
4. 5.4
   You are responsible for any subscriptions to third-party software connected through add-ons, and for complying with that software's terms.

1. 6.1
   We aim to deliver the base Starter Website, without add-ons, within 10 days of the Agreement Date.
2. 6.2
   Add-ons, new features and other additional work are not covered by clause 6.1. We will agree a timeline for each with you separately.
3. 6.3
   If we are delayed because we are waiting for information, materials, approvals or access from you, the delivery date moves back by the length of that delay.

1. 7.1
   The setup fee of £495 + VAT and any add-ons (£100 + VAT each) are paid in full before work begins.
2. 7.2
   The first Monthly Fee is taken within 5 days of the Go-Live Date. Each Monthly Fee after that is billed monthly in advance.
3. 7.3
   All prices exclude VAT, which is added at the applicable rate.
4. 7.4
   The Monthly Fee will not increase during the Minimum Term. After the Minimum Term, we may change the Monthly Fee by giving you at least 30 days' written notice.
5. 7.5
   If a payment is late, we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. If a payment is more than 14 days late, we may suspend your website after giving you at least 7 days' written notice.
6. 7.6
   The setup fee and add-on fees are not refundable once work has begun.

1. 8.1
   The contract has a Minimum Term of 12 months from the Go-Live Date.
2. 8.2
   You may cancel during the Minimum Term by giving us written notice. If you do, you must pay an exit fee equal to the Monthly Fees for the rest of the Minimum Term. The exit fee is due within 14 days of your notice.
3. 8.3
   After the Minimum Term, the contract continues month to month. Either of us may end it by giving at least one month's written notice.
4. 8.4
   At the end of the Minimum Term, we may offer you a new fixed-term contract on different terms, which may include a lower Monthly Fee.
5. 8.5
   If we end the contract during the Minimum Term because you have not paid or have seriously breached these terms, the exit fee in clause 8.2 applies.

1. 9.1
   We host your website on a shared server suitable for low to medium traffic. If your traffic regularly exceeds this, we will discuss options with you.
2. 9.2
   We back up your website every two weeks.
3. 9.3
   We will use reasonable care and skill to keep your website available, but we do not guarantee uninterrupted or error-free operation. We may carry out planned maintenance, and we will try to do so at quiet times.

1. 10.1
   Report problems using the contact form on our website and choosing "Report a problem with my website": report a problem.
2. 10.2
   We will acknowledge your report by email and work to resolve it within a reasonable time.

1. 11.1
   Your website is built on and runs only on the Platform. We, or our licensors, own all rights in the Platform and in the website as built, including its code, design, theme and any logo we design for you.
2. 11.2
   While the contract is in force and you are paying the fees, we give you a non-exclusive, non-transferable licence to use the website and any logo we design for you for your business.
3. 11.3
   The website cannot be transferred to another host or developer. We will not supply its code, design files or a copy of the website, during or after the contract.
4. 11.4
   You keep all rights in Your Materials. You give us a licence to use them for the purpose of providing the Starter Website.
5. 11.5
   Your domain name remains yours at all times.

1. 12.1
   When the contract ends, we will take your website offline and your licence under clause 11.2 ends.
2. 12.2
   We will remove our DNS settings or cooperate with reasonable requests so that you can point your domain name elsewhere.
3. 12.3
   Any fees owed up to the end of the contract, and any exit fee, remain payable.

1. 13.1
   When your website's contact form collects personal data from your customers, you are the controller and we act as your processor under the UK GDPR and the Data Protection Act 2018.
2. 13.2
   We will process that data only on your documented instructions to provide the Starter Website; ensure that people who process it are bound by confidentiality; keep it secure using appropriate technical and organisational measures; only use sub-processors (such as hosting providers) under written terms that protect the data; help you respond to requests from individuals and meet your security obligations; tell you without undue delay if we become aware of a personal data breach; and give you the information reasonably needed to show compliance.
3. 13.3
   Enquiries are sent to your business email address. When the contract ends, we will delete personal data we hold for your website within 30 days, unless the law requires us to keep it. Copies in backups will be deleted as backups are overwritten.
4. 13.4
   Our handling of your own contact details is explained in our Privacy Policy.

1. 14.1
   Add-ons rely on third-party software. We are not responsible for the availability, changes, pricing or performance of third-party software.
2. 14.2
   If a third party changes or withdraws an integration, we will tell you and, where possible, suggest an alternative.

1. 15.1
   We may suspend or end the contract by written notice if you do not pay an amount due after the notice in clause 7.5, if you seriously breach these terms and do not put it right within 14 days of our notice, or if you become insolvent.
2. 15.2
   We may remove any content from your website that we reasonably believe is unlawful or infringes someone else's rights.

1. 16.1
   Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.
2. 16.2
   We are not liable for loss of profits, revenue, business, goodwill or data, or for any indirect or consequential loss.
3. 16.3
   Our total liability under or in connection with the contract is limited to the total fees you paid us in the 12 months before the event giving rise to the claim.

We are not responsible for delays or failures caused by events outside our reasonable control, such as failures of hosting or network providers, cyber-attacks, power cuts or natural events. If such an event continues for more than 30 days, either of us may end the contract by written notice without an exit fee.

We may update these terms by giving you at least 30 days' written notice. Changes will not alter the Monthly Fee, the Minimum Term or the exit fee for your current Minimum Term.

1. 19.1
   These terms and your order confirmation are the entire agreement between us about the Starter Website.
2. 19.2
   You may not transfer the contract to anyone else without our written consent.
3. 19.3
   No one other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
4. 19.4
   If a court finds part of these terms invalid, the rest will continue to apply.
5. 19.5
   Notices may be sent by email: to us at hello@atomdigital.london, and to you at the email address in your order.
6. 19.6
   These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.