Terms & Conditions
Last updated: 31 July 2026
These Terms & Conditions are in two parts. Part A covers your use of this website. Part B is our full Website Design & Hosting Service Agreement, which applies if you subscribe to our website design, build, or hosting services. Please read both parts carefully before subscribing to our Services.
Website Terms
These general terms apply to anyone browsing this website, whether or not you go on to become a client.
A1. Acceptance of these terms
By accessing or using this website, you agree to be bound by Part A of these Terms & Conditions. If you engage us to provide website design, build, or hosting Services, Part B also applies to you and forms a binding contract between you and us from the point you place an order, sign a proposal, or otherwise instruct us to begin work, whichever happens first. If you do not agree with these terms, please do not continue to use this website or instruct us to provide Services.
A2. Who we are
This website is operated by Four Social Marketing & Web Design Ltd, a company registered in England and Wales.
- Company registration number: 16330359
- VAT registration number: 488 8897 84
- Registered office / business address: 36 Ropergate, Pontefract, West Yorkshire, England, WF8 1LY
- Email: kyle@thisisfoursocial.com
- Telephone: 07725 842496
References in these Terms to "we", "us", "our" and "the Company" mean Four Social Marketing & Web Design Ltd. References to "you", "your" and "the Client" mean the person or organisation using this website or engaging our Services.
A3. Use of this website
You may browse and use this website for lawful purposes connected with finding out about our services and contacting us. You must not:
- Use the site in any way that causes, or is likely to cause, damage to it or impairs its availability.
- Use any automated system, bot, or scraper to extract data from the site without our prior written permission.
- Attempt to gain unauthorised access to the website, servers, or any connected systems.
- Use the site to transmit any harmful, unlawful, or infringing material.
We may suspend or restrict your access to this website at any time, without notice, if we reasonably believe you are in breach of this section.
A4. Website content & intellectual property
Unless otherwise stated, the content, design, layout, graphics, and underlying code of this website are owned by Four Social Marketing & Web Design Ltd and are protected by copyright and other intellectual property laws. You may not reproduce, copy, distribute, or reuse any part of this site without our written consent, other than for your own personal, non-commercial reference.
Where we build a website or other deliverable for a client, ownership of and rights over that project work are set out separately in Part B of these Terms and in your individual client agreement or proposal, where one exists. Where there is a conflict between this section and an individual client agreement for a specific project, that individual agreement takes precedence for that project.
A5. Accuracy of information
We work hard to keep the information on this website accurate and up to date, including pricing shown on our pricing page. However, we do not guarantee that all content is complete, accurate, or current at all times, and we reserve the right to change or correct information without notice. Where pricing or package details shown on this website conflict with a signed proposal or order confirmation for your project, the signed proposal or order confirmation takes precedence.
A6. Third-party links
This website may contain links to third-party websites, including portfolio examples of client projects we have built. We do not control and are not responsible for the content, accuracy, availability, or privacy practices of those external sites, and including a link does not imply endorsement.
Website Design & Hosting Service Agreement
This is the contract that applies when you subscribe to our website design, build, and/or hosting Services. It applies alongside Part A above and, where relevant, your individual proposal or order confirmation.
B1. Application of Part B
B1.1. Part B applies to every Client who subscribes to our website design, build, hosting, or related digital services (the "Services"), and forms a legally binding agreement between you and us (the "Agreement") from the point you place an order, sign a proposal or order confirmation, make a first payment, or otherwise instruct us to begin work — whichever happens first.
B1.2. If we send you a specific written proposal, order confirmation, or statement of work for your project (a "Proposal"), that Proposal forms part of the Agreement. If there is a conflict between a Proposal and this Part B, the Proposal takes precedence for the matters it specifically addresses; this Part B governs everything else.
B1.3. If any provision of this Part B is inconsistent with a mandatory right you have as a consumer under UK law, your statutory right takes precedence to the extent of that inconsistency, and the rest of the Agreement remains in force.
B2. Definitions
- "Agreement"
- This Part B, together with Part A, any applicable Proposal, and our current Privacy & Cookie Policy.
- "Business Day"
- Any day other than a Saturday, Sunday, or public holiday in England.
- "Commencement Date"
- The date the Agreement is formed, as described in clause B1.1.
- "Content"
- Text, images, logos, videos, product data, and any other material supplied by you for use on the Website.
- "Fees"
- The subscription fees, one-off fees, and any other charges payable under the Agreement, as set out in your Proposal, invoice, or our then-current price list.
- "Minimum Term"
- The initial minimum period of your subscription, which is 24 months from the Commencement Date, unless a different period is stated in your Proposal.
- "Renewal Period"
- Each rolling monthly period that follows the end of the Minimum Term, as described in clause B5.
- "Services"
- The website design, development, hosting, domain management, and/or maintenance services we agree to provide, as described in clause B3 and any Proposal.
- "Website"
- The website(s) we design, build, and/or host for you under the Agreement.
B3. The Services
B3.1. Our Services are provided on a subscription basis and, depending on the package you choose, may include website design, development, hosting, domain name management, ongoing maintenance, and minor content updates.
B3.2. The specific scope of Services included in your package is set out in your Proposal or on our pricing page at the time you subscribe. Anything not expressly included in your package (for example, bespoke functionality, e-commerce features, copywriting, photography, paid advertising, or SEO campaign work) is out of scope unless separately agreed and paid for.
B3.3. We may use reputable third-party platforms, plugins, and infrastructure providers to deliver the Services (see clause B19). We will choose these in good faith but do not guarantee the availability or performance of any third-party product.
B4. The build process
B4.1. Following the Commencement Date, we will ask you to provide the Content and any login access, brand assets, or information reasonably required to design and build your Website. Timescales quoted to you assume this is provided promptly and in the format we request.
B4.2. Our standard packages include a reasonable number of design revision rounds, as set out in your Proposal. Additional rounds of revisions, or changes requested after a design or page has been approved, may be chargeable at our then-current rates.
B4.3. We will ask you to review and approve your Website before it is made live ("launch"). If you do not respond to a request for approval, feedback, or missing Content within 14 days, we may treat the Website as approved and proceed to launch, or pause the project, at our discretion, without affecting your obligation to pay Fees.
B4.4. We are not responsible for delays caused by your failure to provide Content, feedback, or approvals in good time, and such delays do not extend any payment obligation or entitle you to a refund or credit.
B5. Subscription, minimum term & renewal
B5.1. The Services are provided on a subscription basis, subject to a minimum contract term of 24 months from the Commencement Date (the "Minimum Term"), unless your Proposal states a different Minimum Term.
B5.2. After the Minimum Term ends, your subscription automatically continues on a rolling monthly basis (each a "Renewal Period"). Your monthly Direct Debit (or other agreed payment method) will continue to be collected each month during each Renewal Period, unless and until the subscription is cancelled by either party in accordance with clause B9 or B10 and the applicable notice period has ended.
B5.3. We will not increase your Fees during the Minimum Term, except to reflect a change in the scope of Services you have requested. After the Minimum Term begins its first Renewal Period, we may increase your Fees once in any 12-month period by giving you at least 30 days' written notice. If you do not wish to accept an increase, you may cancel your subscription with effect from the date the increase would take effect, by giving us written notice before that date, without paying an early termination fee under clause B8.
B6. Fees, payment & price changes
B6.1. Subscription Fees are payable monthly in advance, by direct debit, card, or other method we agree with you, unless your Proposal states different payment terms.
B6.2. One-off Fees (for example, an initial build fee) are payable as set out in your Proposal, typically in advance of or on completion of the relevant milestone.
B6.3. All Fees are quoted exclusive of VAT unless stated otherwise. VAT is charged at the applicable rate and added to your invoice.
B6.4. Except where required by the consumer cancellation rights in clause B12 or as otherwise expressly stated in this Agreement, Fees already paid are non-refundable.
B6.5. If you are a business customer, we may charge statutory interest and compensation on overdue amounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
B7. Late payment, suspension & accelerated fees
B7.1. If a payment is not received by its due date, we will try to contact you and give you at least 7 days' written notice to bring your account up to date before taking any further action.
B7.2. If any Fees remain unpaid more than 30 days after their due date, we may, without further notice: (a) suspend your Website, hosting, email, and any other Services, including taking your Website offline; and (b) treat the Agreement as terminated for your material breach.
B7.3. Where the Agreement is terminated under clause B7.2 during the Minimum Term, you agree to pay us, in addition to all Fees already accrued and unpaid: a sum equal to 100% of the Fees that would otherwise have fallen due for the remainder of the Minimum Term (the "Accelerated Sum"). The Accelerated Sum is payable as liquidated damages representing our genuine pre-estimate, as at the Commencement Date, of the loss we would suffer from an early, unplanned termination caused by your non-payment — including committed hosting and infrastructure costs, resource and staff time already allocated to your account for the remainder of the Minimum Term, and lost subscription revenue — and is not intended as a penalty. The Accelerated Sum becomes immediately due and is recoverable by us as a debt, including through legal action if necessary. This is without prejudice to any other rights or remedies available to us under this Agreement or under the law of England and Wales.
B7.4. If we later restore Services after suspension under clause B7.2, this does not waive our rights under this clause B7 or affect the Minimum Term.
B8. Voluntary early cancellation
B8.1. If you wish to cancel your subscription before the end of the Minimum Term for reasons other than our breach of this Agreement, you may do so by giving us written notice, provided you pay an early termination fee equal to 70% of the Fees that would otherwise have fallen due for the remainder of the Minimum Term (the "Early Termination Fee").
B8.2. The Early Termination Fee, together with any other Fees already accrued and unpaid, is payable before the Agreement ends and before we release your Website, Content, or domain name under clause B15.
B8.3. Once the Early Termination Fee and any other outstanding sums have been paid in full, the Agreement will end on the date we confirm in writing, and clause B11 (effect of termination) applies.
B9. Cancellation after the minimum term
B9.1. Once the Minimum Term has ended and your subscription has moved into a Renewal Period, your subscription continues to run, and your Direct Debit will continue to be collected, month by month until it is cancelled. Either you or we may cancel the subscription at any time by giving at least one calendar month's written notice (a minimum of 30 days) to the other party. Your Direct Debit will continue during the notice period, and collection will stop once the notice period has ended and the Agreement has terminated.
B9.2. No Early Termination Fee is payable for cancellation under this clause B9, provided all Fees accrued up to the end of the notice period are paid.
B10. Termination for other reasons
B10.1. We may suspend or terminate the Agreement immediately, by written notice, if you: (a) are in material breach of this Agreement (including under clause B17, Acceptable Use) and, where the breach is capable of remedy, fail to remedy it within 14 days of being asked to; (b) become insolvent, enter administration, liquidation, or an equivalent process; or (c) provide false information that is material to our decision to provide the Services.
B10.2. You may terminate the Agreement immediately, by written notice, if we are in material breach of this Agreement and fail to remedy that breach within 30 days of receiving written notice from you describing the breach.
B10.3. Termination under this clause does not limit either party's right to claim damages for any breach of the Agreement.
B11. Effect of termination
B11.1. On termination of the Agreement, however it arises:
- Your right to use the Website ends, and we may take the Website offline;
- Hosting, email, maintenance, and any other ongoing Services will stop;
- Any Fees, Accelerated Sum, or Early Termination Fee properly due under this Agreement remain payable;
- Domain name arrangements are dealt with under clause B15;
- We will retain a copy of your Content and Website files for 30 days following termination in case you wish to request an export, after which we may delete them in line with our data retention practices (see clause B16).
B11.2. Clauses which by their nature are intended to survive termination (including B7, B8, B14, B15, B16, B21, B22, B25, B27, and B29) continue to apply after the Agreement ends.
B12. Consumer cancellation rights (cooling-off period)
B12.1. If you are an individual consumer (not acting for purposes wholly or mainly related to your trade, business, craft, or profession) and you enter into this Agreement without meeting us in person (for example, online or by phone), you would normally have a 14-day "cooling-off" period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCR 2013") during which you can cancel for any reason.
B12.2. Because your Website is designed and built specifically for you, to your specification, we ask you to expressly request that we begin work during the 14-day cooling-off period, rather than waiting until it expires. By instructing us to proceed, making a first payment, or signing a Proposal, you make that express request.
B12.3. Once we have fully performed the design and build element of the Services and delivered your Website (for example, at launch), you acknowledge that you will lose the right to cancel that element of the Services under CCR 2013, in accordance with regulation 36(1) of those Regulations.
B12.4. If you cancel during the 14-day period before your Website has been fully delivered, we will refund any Fees paid, less a reasonable amount reflecting the design and build work already carried out at your request up to the point you told us you were cancelling. Ongoing hosting and subscription Services are a separate, continuous service; if you cancel during the cooling-off period after hosting has begun at your request, we may similarly charge for the proportion of that period already provided.
B12.5. Nothing in this clause B12 affects any other statutory right you have as a consumer that cannot lawfully be excluded or limited.
B13. Ownership and licence to use
B13.1. Unless your Proposal states otherwise, the website design, build, code, and hosting infrastructure we create and maintain for you remain the property of Four Social Marketing & Web Design Ltd.
B13.2. We grant you a non-exclusive, non-transferable licence to use your Website for the duration of your active subscription, for the purpose of operating your own business or organisation.
B13.3. On cancellation or expiry of your subscription, your right to use the Website and its associated design and code ends immediately, unless we agree otherwise in writing (for example, as part of a paid handover under clause B11 or B15).
B13.4. If you would like to purchase full, unrestricted ownership of your Website's design and code (for example, so you can move to another provider while keeping the same design), please contact us to discuss a handover fee, which reflects the work involved in preparing files for an independent host and the value of the design assets.
B14. Intellectual property rights
B14.1. All intellectual property rights in the website design, custom code, and hosting infrastructure we create (excluding Content you provide) remain the exclusive property of Four Social Marketing & Web Design Ltd, or our licensors.
B14.2. You retain ownership of all Content you provide for use on your Website, including your logo, brand assets, photography, copy, and product data. You grant us a licence to use that Content for the purposes of designing, building, hosting, and displaying your Website, and, unless you tell us otherwise in writing, for our own marketing purposes (for example, showcasing your Website in our portfolio, on social media, or in case studies). You confirm you have the right to give us this permission and that the Content does not infringe any third party's rights.
B14.3. If we license third-party assets on your behalf (for example, stock photography, premium plugins, fonts, or themes), those assets remain subject to the relevant third party's own licence terms, and your right to use them may be limited to the duration of your subscription or the licence period we have purchased.
B15. Domain names
B15.1. Where we register or manage a domain name for you as part of the Services, that domain is registered in the name of, and owned by, Four Social Marketing & Web Design Ltd for the duration of your subscription, including throughout the Minimum Term. We are responsible for renewing it while your subscription remains active and paid up.
B15.2. Once your Minimum Term has been completed, you may request that we transfer the domain name into your own name or account. We will action this free of charge, provided all Fees and other sums owed to us have been paid in full at the time of the request.
B15.3. If you wish to request a domain transfer before the end of the Minimum Term, this can normally only be arranged as part of an early termination under clause B8 (including payment of the Early Termination Fee), or otherwise at our discretion. A reasonable transfer administration fee, as set out in our then-current price list, may apply to transfers requested before the Minimum Term ends.
B15.4. If your subscription ends because of non-payment under clause B7, we are not obliged to transfer or renew the domain name, and it may lapse or be suspended. We will act reasonably and, where practical, give you the opportunity to resolve the outstanding balance and request a transfer before the domain expires.
B15.5. If you already own a domain name and simply want us to point it at the Website we host for you, you remain the registrant and are responsible for renewing that domain and keeping its settings (such as nameservers or DNS records) correctly configured, with our reasonable assistance.
B16. Data protection & GDPR
B16.1. Each party will comply with its obligations under UK GDPR and the Data Protection Act 2018 in connection with the Services.
B16.2. In relation to personal data that you, or visitors and customers of your Website, submit through forms, e-commerce checkouts, or other features of your Website (for example, a customer's name, email, or order details), we act as a data processor on your behalf, and you act as the data controller. You are responsible for having a lawful basis to collect that data, for your own privacy policy, and for responding to data subject requests relating to your customers, unless we separately agree to help with this.
B16.3. In relation to your own personal data as our client (for example, your name, contact details, and billing information), we act as the data controller. Our Privacy & Cookie Policy explains how we collect, use, and protect that data.
B16.4. We may use reputable sub-processors to deliver the Services, including our hosting provider and email/SMTP provider. We only give sub-processors the access they need to perform their function, and we take reasonable steps to ensure they protect personal data appropriately.
B16.5. Where technically possible, we host Website data on servers located in the UK or European Economic Area. If this changes, we will ensure appropriate safeguards are in place for any international transfer.
B16.6. Following termination of the Agreement, we will delete or anonymise personal data associated with your Website within a reasonable period (typically 30–90 days), except where we are required to retain it for longer to comply with a legal obligation (for example, financial record-keeping) or to establish, exercise, or defend legal claims.
B16.7. If you require a separate, signed Data Processing Agreement (for example, because of your own compliance requirements), please contact us and we will be happy to discuss this.
B16.8. If either party becomes aware of a personal data breach affecting data processed under this Agreement, it will notify the other party without undue delay and provide reasonable assistance to investigate and mitigate the breach.
B17. Acceptable use policy
B17.1. You must not use the Services, or allow the Services to be used, to store, publish, transmit, or link to content or material that:
- is illegal, or infringes any third party's intellectual property, privacy, or other legal rights;
- is defamatory, obscene, hateful, discriminatory, or intended to harass or threaten any person;
- contains malware, viruses, or code designed to disrupt, damage, or gain unauthorised access to any system;
- facilitates unsolicited bulk email ("spam"), phishing, or other unlawful marketing activity;
- relates to unlicensed gambling, or the unlawful sale of weapons, drugs, or other restricted goods;
- places an unreasonable load on our hosting infrastructure to the detriment of other clients.
B17.2. If we reasonably believe content on your Website breaches this clause and poses an urgent legal, security, or reputational risk, we may remove that content or suspend the Website immediately, and will notify you as soon as reasonably possible. For less urgent breaches, we will normally give you a reasonable opportunity to remove or correct the content before taking action.
B17.3. You are responsible for all Content on your Website and for ensuring you hold any necessary licences, consents, and permissions for it. You agree to indemnify us (see clause B21) against claims arising from Content you provide or from your breach of this clause.
B18. Service levels, backups & support
Availability
B18.1. We use commercially reasonable efforts to keep your Website and hosting available and performing well, and we target a high level of uptime. However, unless you have a separate written Service Level Agreement with us, we do not guarantee any specific uptime percentage, and availability may be affected by scheduled maintenance, third-party outages (including our hosting provider, domain registries, or upstream internet providers), or events outside our reasonable control (see clause B23, Force Majeure). We will give reasonable notice of planned maintenance likely to cause downtime, where practical.
Backups
B18.2. We take automated backups of hosted Websites on a regular basis (typically daily) and retain them for a reasonable period (typically up to 30 days), for disaster-recovery purposes. Backups are provided on a best-efforts basis and are not guaranteed to be complete, error-free, or available at every point in time. We recommend that you keep your own copies of critical Content, images, and data wherever practical. Restoring a backup outside the ordinary course of fixing a fault on our infrastructure (for example, to undo changes you have made) may be chargeable.
Support
B18.3. Standard technical support is available Monday to Friday, 9am–5pm (excluding bank holidays in England). We aim to respond to support requests within a reasonable time during these hours, but response and resolution times are not guaranteed unless set out in a separate Service Level Agreement. Support covers issues with the Services we provide; it does not cover training, bespoke development outside your package, or issues caused by third-party software, unauthorised changes, or misuse.
B19. Third-party services & software
B19.1. Your Website may rely on third-party software, platforms, and services, such as WordPress, page-builder plugins, premium themes, payment gateways, analytics tools, and other integrations. These are provided by, and remain subject to the terms of, their respective providers.
B19.2. We are not liable for outages, price changes, feature changes, security vulnerabilities, or discontinuation of any third-party product, though we will use reasonable efforts to keep your Website compatible with material changes where this falls within your package.
B19.3. Where a third-party service requires you to hold your own account (for example, a payment gateway or Google Business Profile), you are responsible for complying with that provider's own terms and for any fees they charge directly.
B20. Warranties & disclaimers
B20.1. We warrant that we will provide the Services with reasonable care and skill, in accordance with generally accepted industry standards.
B20.2. Except as expressly stated in this Agreement, and to the fullest extent permitted by law, all other warranties, conditions, and representations, whether express or implied by statute, common law, or otherwise (including as to satisfactory quality, fitness for a particular purpose, or that the Services will be uninterrupted or error-free), are excluded, save to the extent they cannot lawfully be excluded (including your statutory rights as a consumer under the Consumer Rights Act 2015, where applicable).
B20.3. We do not warrant or guarantee any particular search engine ranking, traffic level, conversion rate, or business outcome resulting from your Website, unless separately and expressly agreed in writing as part of a specific SEO or marketing engagement.
B21. Liability and indemnity
B21.1. Nothing in this Agreement excludes or limits either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
B21.2. Subject to clause B21.1, to the fullest extent permitted by law, we will not be liable to you for any indirect or consequential loss, or for loss of profit, revenue, business, anticipated savings, or data, arising out of or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise.
B21.3. Subject to clauses B21.1 and B21.2, our total aggregate liability to you arising out of or in connection with this Agreement in any 12-month period is limited to the total Fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.
B21.4. If you are a consumer, nothing in this clause B21 affects your statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection law.
B21.5. You agree to indemnify us against reasonable costs, claims, and losses we incur as a result of: (a) Content you provide infringing a third party's rights; (b) your breach of clause B17 (Acceptable Use); or (c) your misuse of the Services.
B22. Confidentiality
B22.1. Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party in connection with this Agreement, and to use it only for the purposes of the Agreement, except where disclosure is required by law or to that party's professional advisers.
B22.2. This clause does not apply to information that is or becomes publicly available other than through a breach of this clause, or that a party already lawfully held before disclosure.
B23. Force majeure
B23.1. Neither party will be liable for any failure or delay in performing its obligations under this Agreement (other than payment obligations) to the extent caused by events outside its reasonable control, including but not limited to internet or power outages, third-party hosting or infrastructure failures, acts of God, war, civil unrest, industrial action, or changes in law.
B23.2. If a force majeure event continues for more than 60 days, either party may terminate the Agreement by written notice, without either party being liable for that termination, save for Fees properly accrued up to that point.
B24. Assignment & subcontracting
B24.1. We may subcontract or delegate the performance of any part of the Services (for example, to a hosting provider or freelance specialist) without your consent, but we remain responsible for the Services being performed in accordance with this Agreement.
B24.2. We may assign, transfer, or novate this Agreement, in whole or in part, to another entity (for example, as part of a sale or restructuring of our business), provided this does not materially reduce the standard of Services you receive. You may not assign or transfer this Agreement without our prior written consent, not to be unreasonably withheld.
B25. Notices
B25.1. Any formal notice under this Agreement (for example, cancellation notice under clause B8 or B9, or notice of breach under clause B10) must be given in writing and sent by email to the address the other party has most recently provided, or by post to their registered office or last-known address. Our details for notices are set out in clause B30.
B25.2. A notice sent by email is treated as received on the next Business Day after sending, provided no delivery failure notification is received. A notice sent by post is treated as received 2 Business Days after posting.
B26. Complaints
B26.1. If you are unhappy with any aspect of the Services, please contact us in the first instance using the details in clause B30 so we can try to resolve things quickly and informally.
B26.2. If we cannot resolve a complaint between us, and you are a consumer, you may be able to refer certain disputes to an alternative dispute resolution provider; we will provide details of a relevant scheme if one applies at the time. This does not affect your right to bring a claim through the courts as described in clause B29.
B27. General provisions
B27.1. Entire agreement. This Agreement (Part A, Part B, any applicable Proposal, and our Privacy & Cookie Policy) is the entire agreement between us relating to the Services, and supersedes any prior discussions, representations, or agreements on that subject, except in the case of fraud or fraudulent misrepresentation.
B27.2. Severability. If any provision of this Agreement is found by a court or other competent authority to be invalid, illegal, or unenforceable, that provision will be treated as removed or modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
B27.3. No waiver. If either party fails to enforce any right under this Agreement, that failure is not a waiver of that right, and does not prevent that party from enforcing it later.
B27.4. Third-party rights. No one other than a party to this Agreement has any right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
B27.5. Independent contractors. Nothing in this Agreement creates a partnership, joint venture, or employment relationship between the parties.
B28. Changes to these terms
B28.1. We may update Part A of these Terms at any time to reflect changes in our website, services, or legal requirements; the current version will always be available on this page with a revised "last updated" date.
B28.2. We will not make material changes to Part B that reduce your rights or increase your obligations during your current Minimum Term or Renewal Period without giving you at least 30 days' written notice. If you do not agree to a material change, you may cancel your subscription with effect from the date the change would take effect, without paying an early termination fee under clause B8, by giving us written notice before that date. Continued use of the Services after a change takes effect constitutes acceptance of that change.
B29. Governing law and jurisdiction
B29.1. This Agreement, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims), is governed by and construed in accordance with the laws of England and Wales.
B29.2. The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement, save that if you are a consumer resident elsewhere in the UK, you may bring proceedings in your local courts, and mandatory consumer protections of your place of residence are not affected.
B30. Contact us
If you have any questions about these Terms & Conditions, or wish to give notice under this Agreement, please get in touch.
Four Social Marketing & Web Design Ltd
Company registration number: 16330359
VAT registration number: 488 8897 84
36 Ropergate, Pontefract, West Yorkshire, England, WF8 1LY
Email: kyle@thisisfoursocial.com
Phone: 07725 842496
Support hours: Monday–Friday, 9am–5pm (excluding bank holidays)
Terms and Conditions – Social Media Marketing & Management Service
Four Social Marketing & Web Design Ltd
1. Introduction
These Terms and Conditions (“Terms”) govern the provision of Social Media Marketing & Management Services (“Services”) by Four Social Marketing & Web Design Ltd (“we”, “us”, “our”) to the customer (“you”, “your”). By subscribing to our Services, you agree to comply with and be bound by these Terms.
2. Service Overview
2.1. Our Services include strategy development, content creation, scheduling, community engagement, performance monitoring, and reporting for agreed social media platforms.
2.2. Specific deliverables, platform coverage, and posting frequency are outlined in your individual service plan.
3. Subscription and Termination
3.1. The Services are provided on a subscription basis with no minimum term.
3.2. You may cancel your subscription at any time by providing 90 days’ written notice.
3.3. During the 90-day notice period, Services will continue, and all payments must be made in full.
3.4. We reserve the right to suspend or terminate Services for non-payment, breach of these Terms, or misuse of the Services.
4. Ownership and Rights of Use
4.1. All original content (e.g., graphics, copy, video) created by us remains the property of Four Social Marketing & Web Design Ltd until full payment for the relevant month has been received.
4.2. Upon receipt of full payment, ownership of content created for that billing period transfers to you, excluding any stock assets licensed by us (see Section 5).
4.3. Any content created by Four Social Marketing & Web Design Ltd during your subscription may only be used while an active subscription is in place. Use, reuse, or repurposing of such content without an ongoing subscription is strictly prohibited unless agreed otherwise in writing.
5. Intellectual Property and Third-Party Assets
5.1. We may use licensed stock images, music, or other media in your content. Such items are subject to the terms of third-party licenses and may not be reused outside of our Services unless you obtain appropriate rights.
5.2. You are responsible for ensuring that any materials or assets you provide do not infringe upon third-party rights.
6. Payments and Fees
6.1. Subscription fees are invoiced monthly in advance and payable by direct debit or another agreed method.
6.2. Late or missed payments may result in service suspension.
6.3. All fees are non-refundable, including during the 90-day cancellation notice period.
7. Client Responsibilities
7.1. You agree to provide timely access to necessary account credentials, brand assets, and any approvals required for us to deliver the Services effectively.
7.2. You remain responsible for any content you provide or approve.
8. Performance and Results
8.1. While we use best practices to improve visibility, engagement, and growth, we do not guarantee specific outcomes such as follower counts, lead generation, or revenue increase.
9. Liability and Indemnity
9.1. We shall not be liable for any loss or damage resulting from delays, interruptions, or errors in performance caused by third parties, platform outages, or circumstances beyond our control.
9.2. You agree to indemnify us against any claims arising from content you supply or actions taken via your social media accounts under your instruction.
10. Amendments
We may revise these Terms at any time. Continued use of the Services following notification of changes constitutes acceptance of the updated Terms.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Terms & Conditions
Last updated: 31 July 2026
These Terms & Conditions are in two parts. Part A covers your use of this website. Part B is our full Website Design & Hosting Service Agreement, which applies if you subscribe to our website design, build, or hosting services. Please read both parts carefully before subscribing to our Services.
Website Terms
These general terms apply to anyone browsing this website, whether or not you go on to become a client.
A1. Acceptance of these terms
By accessing or using this website, you agree to be bound by Part A of these Terms & Conditions. If you engage us to provide website design, build, or hosting Services, Part B also applies to you and forms a binding contract between you and us from the point you place an order, sign a proposal, or otherwise instruct us to begin work, whichever happens first. If you do not agree with these terms, please do not continue to use this website or instruct us to provide Services.
A2. Who we are
This website is operated by Four Social Marketing & Web Design Ltd, a company registered in England and Wales.
- Company registration number: 16330359
- VAT registration number: 488 8897 84
- Registered office / business address: 36 Ropergate, Pontefract, West Yorkshire, England, WF8 1LY
- Email: kyle@thisisfoursocial.com
- Telephone: 07725 842496
References in these Terms to "we", "us", "our" and "the Company" mean Four Social Marketing & Web Design Ltd. References to "you", "your" and "the Client" mean the person or organisation using this website or engaging our Services.
A3. Use of this website
You may browse and use this website for lawful purposes connected with finding out about our services and contacting us. You must not:
- Use the site in any way that causes, or is likely to cause, damage to it or impairs its availability.
- Use any automated system, bot, or scraper to extract data from the site without our prior written permission.
- Attempt to gain unauthorised access to the website, servers, or any connected systems.
- Use the site to transmit any harmful, unlawful, or infringing material.
We may suspend or restrict your access to this website at any time, without notice, if we reasonably believe you are in breach of this section.
A4. Website content & intellectual property
Unless otherwise stated, the content, design, layout, graphics, and underlying code of this website are owned by Four Social Marketing & Web Design Ltd and are protected by copyright and other intellectual property laws. You may not reproduce, copy, distribute, or reuse any part of this site without our written consent, other than for your own personal, non-commercial reference.
Where we build a website or other deliverable for a client, ownership of and rights over that project work are set out separately in Part B of these Terms and in your individual client agreement or proposal, where one exists. Where there is a conflict between this section and an individual client agreement for a specific project, that individual agreement takes precedence for that project.
A5. Accuracy of information
We work hard to keep the information on this website accurate and up to date, including pricing shown on our pricing page. However, we do not guarantee that all content is complete, accurate, or current at all times, and we reserve the right to change or correct information without notice. Where pricing or package details shown on this website conflict with a signed proposal or order confirmation for your project, the signed proposal or order confirmation takes precedence.
A6. Third-party links
This website may contain links to third-party websites, including portfolio examples of client projects we have built. We do not control and are not responsible for the content, accuracy, availability, or privacy practices of those external sites, and including a link does not imply endorsement.
Website Design & Hosting Service Agreement
This is the contract that applies when you subscribe to our website design, build, and/or hosting Services. It applies alongside Part A above and, where relevant, your individual proposal or order confirmation.
B1. Application of Part B
B1.1. Part B applies to every Client who subscribes to our website design, build, hosting, or related digital services (the "Services"), and forms a legally binding agreement between you and us (the "Agreement") from the point you place an order, sign a proposal or order confirmation, make a first payment, or otherwise instruct us to begin work — whichever happens first.
B1.2. If we send you a specific written proposal, order confirmation, or statement of work for your project (a "Proposal"), that Proposal forms part of the Agreement. If there is a conflict between a Proposal and this Part B, the Proposal takes precedence for the matters it specifically addresses; this Part B governs everything else.
B1.3. If any provision of this Part B is inconsistent with a mandatory right you have as a consumer under UK law, your statutory right takes precedence to the extent of that inconsistency, and the rest of the Agreement remains in force.
B2. Definitions
- "Agreement"
- This Part B, together with Part A, any applicable Proposal, and our current Privacy & Cookie Policy.
- "Business Day"
- Any day other than a Saturday, Sunday, or public holiday in England.
- "Commencement Date"
- The date the Agreement is formed, as described in clause B1.1.
- "Content"
- Text, images, logos, videos, product data, and any other material supplied by you for use on the Website.
- "Fees"
- The subscription fees, one-off fees, and any other charges payable under the Agreement, as set out in your Proposal, invoice, or our then-current price list.
- "Minimum Term"
- The initial minimum period of your subscription, which is 24 months from the Commencement Date, unless a different period is stated in your Proposal.
- "Renewal Period"
- Each rolling monthly period that follows the end of the Minimum Term, as described in clause B5.
- "Services"
- The website design, development, hosting, domain management, and/or maintenance services we agree to provide, as described in clause B3 and any Proposal.
- "Website"
- The website(s) we design, build, and/or host for you under the Agreement.
B3. The Services
B3.1. Our Services are provided on a subscription basis and, depending on the package you choose, may include website design, development, hosting, domain name management, ongoing maintenance, and minor content updates.
B3.2. The specific scope of Services included in your package is set out in your Proposal or on our pricing page at the time you subscribe. Anything not expressly included in your package (for example, bespoke functionality, e-commerce features, copywriting, photography, paid advertising, or SEO campaign work) is out of scope unless separately agreed and paid for.
B3.3. We may use reputable third-party platforms, plugins, and infrastructure providers to deliver the Services (see clause B19). We will choose these in good faith but do not guarantee the availability or performance of any third-party product.
B4. The build process
B4.1. Following the Commencement Date, we will ask you to provide the Content and any login access, brand assets, or information reasonably required to design and build your Website. Timescales quoted to you assume this is provided promptly and in the format we request.
B4.2. Our standard packages include a reasonable number of design revision rounds, as set out in your Proposal. Additional rounds of revisions, or changes requested after a design or page has been approved, may be chargeable at our then-current rates.
B4.3. We will ask you to review and approve your Website before it is made live ("launch"). If you do not respond to a request for approval, feedback, or missing Content within 14 days, we may treat the Website as approved and proceed to launch, or pause the project, at our discretion, without affecting your obligation to pay Fees.
B4.4. We are not responsible for delays caused by your failure to provide Content, feedback, or approvals in good time, and such delays do not extend any payment obligation or entitle you to a refund or credit.
B5. Subscription, minimum term & renewal
B5.1. The Services are provided on a subscription basis, subject to a minimum contract term of 24 months from the Commencement Date (the "Minimum Term"), unless your Proposal states a different Minimum Term.
B5.2. After the Minimum Term ends, your subscription automatically continues on a rolling monthly basis (each a "Renewal Period"). Your monthly Direct Debit (or other agreed payment method) will continue to be collected each month during each Renewal Period, unless and until the subscription is cancelled by either party in accordance with clause B9 or B10 and the applicable notice period has ended.
B5.3. We will not increase your Fees during the Minimum Term, except to reflect a change in the scope of Services you have requested. After the Minimum Term begins its first Renewal Period, we may increase your Fees once in any 12-month period by giving you at least 30 days' written notice. If you do not wish to accept an increase, you may cancel your subscription with effect from the date the increase would take effect, by giving us written notice before that date, without paying an early termination fee under clause B8.
B6. Fees, payment & price changes
B6.1. Subscription Fees are payable monthly in advance, by direct debit, card, or other method we agree with you, unless your Proposal states different payment terms.
B6.2. One-off Fees (for example, an initial build fee) are payable as set out in your Proposal, typically in advance of or on completion of the relevant milestone.
B6.3. All Fees are quoted exclusive of VAT unless stated otherwise. VAT is charged at the applicable rate and added to your invoice.
B6.4. Except where required by the consumer cancellation rights in clause B12 or as otherwise expressly stated in this Agreement, Fees already paid are non-refundable.
B6.5. If you are a business customer, we may charge statutory interest and compensation on overdue amounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
B7. Late payment, suspension & accelerated fees
B7.1. If a payment is not received by its due date, we will try to contact you and give you at least 7 days' written notice to bring your account up to date before taking any further action.
B7.2. If any Fees remain unpaid more than 30 days after their due date, we may, without further notice: (a) suspend your Website, hosting, email, and any other Services, including taking your Website offline; and (b) treat the Agreement as terminated for your material breach.
B7.3. Where the Agreement is terminated under clause B7.2 during the Minimum Term, you agree to pay us, in addition to all Fees already accrued and unpaid: a sum equal to 100% of the Fees that would otherwise have fallen due for the remainder of the Minimum Term (the "Accelerated Sum"). The Accelerated Sum is payable as liquidated damages representing our genuine pre-estimate, as at the Commencement Date, of the loss we would suffer from an early, unplanned termination caused by your non-payment — including committed hosting and infrastructure costs, resource and staff time already allocated to your account for the remainder of the Minimum Term, and lost subscription revenue — and is not intended as a penalty. The Accelerated Sum becomes immediately due and is recoverable by us as a debt, including through legal action if necessary. This is without prejudice to any other rights or remedies available to us under this Agreement or under the law of England and Wales.
B7.4. If we later restore Services after suspension under clause B7.2, this does not waive our rights under this clause B7 or affect the Minimum Term.
B8. Voluntary early cancellation
B8.1. If you wish to cancel your subscription before the end of the Minimum Term for reasons other than our breach of this Agreement, you may do so by giving us written notice, provided you pay an early termination fee equal to 70% of the Fees that would otherwise have fallen due for the remainder of the Minimum Term (the "Early Termination Fee").
B8.2. The Early Termination Fee, together with any other Fees already accrued and unpaid, is payable before the Agreement ends and before we release your Website, Content, or domain name under clause B15.
B8.3. Once the Early Termination Fee and any other outstanding sums have been paid in full, the Agreement will end on the date we confirm in writing, and clause B11 (effect of termination) applies.
B9. Cancellation after the minimum term
B9.1. Once the Minimum Term has ended and your subscription has moved into a Renewal Period, your subscription continues to run, and your Direct Debit will continue to be collected, month by month until it is cancelled. Either you or we may cancel the subscription at any time by giving at least one calendar month's written notice (a minimum of 30 days) to the other party. Your Direct Debit will continue during the notice period, and collection will stop once the notice period has ended and the Agreement has terminated.
B9.2. No Early Termination Fee is payable for cancellation under this clause B9, provided all Fees accrued up to the end of the notice period are paid.
B10. Termination for other reasons
B10.1. We may suspend or terminate the Agreement immediately, by written notice, if you: (a) are in material breach of this Agreement (including under clause B17, Acceptable Use) and, where the breach is capable of remedy, fail to remedy it within 14 days of being asked to; (b) become insolvent, enter administration, liquidation, or an equivalent process; or (c) provide false information that is material to our decision to provide the Services.
B10.2. You may terminate the Agreement immediately, by written notice, if we are in material breach of this Agreement and fail to remedy that breach within 30 days of receiving written notice from you describing the breach.
B10.3. Termination under this clause does not limit either party's right to claim damages for any breach of the Agreement.
B11. Effect of termination
B11.1. On termination of the Agreement, however it arises:
- Your right to use the Website ends, and we may take the Website offline;
- Hosting, email, maintenance, and any other ongoing Services will stop;
- Any Fees, Accelerated Sum, or Early Termination Fee properly due under this Agreement remain payable;
- Domain name arrangements are dealt with under clause B15;
- We will retain a copy of your Content and Website files for 30 days following termination in case you wish to request an export, after which we may delete them in line with our data retention practices (see clause B16).
B11.2. Clauses which by their nature are intended to survive termination (including B7, B8, B14, B15, B16, B21, B22, B25, B27, and B29) continue to apply after the Agreement ends.
B12. Consumer cancellation rights (cooling-off period)
B12.1. If you are an individual consumer (not acting for purposes wholly or mainly related to your trade, business, craft, or profession) and you enter into this Agreement without meeting us in person (for example, online or by phone), you would normally have a 14-day "cooling-off" period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCR 2013") during which you can cancel for any reason.
B12.2. Because your Website is designed and built specifically for you, to your specification, we ask you to expressly request that we begin work during the 14-day cooling-off period, rather than waiting until it expires. By instructing us to proceed, making a first payment, or signing a Proposal, you make that express request.
B12.3. Once we have fully performed the design and build element of the Services and delivered your Website (for example, at launch), you acknowledge that you will lose the right to cancel that element of the Services under CCR 2013, in accordance with regulation 36(1) of those Regulations.
B12.4. If you cancel during the 14-day period before your Website has been fully delivered, we will refund any Fees paid, less a reasonable amount reflecting the design and build work already carried out at your request up to the point you told us you were cancelling. Ongoing hosting and subscription Services are a separate, continuous service; if you cancel during the cooling-off period after hosting has begun at your request, we may similarly charge for the proportion of that period already provided.
B12.5. Nothing in this clause B12 affects any other statutory right you have as a consumer that cannot lawfully be excluded or limited.
B13. Ownership and licence to use
B13.1. Unless your Proposal states otherwise, the website design, build, code, and hosting infrastructure we create and maintain for you remain the property of Four Social Marketing & Web Design Ltd.
B13.2. We grant you a non-exclusive, non-transferable licence to use your Website for the duration of your active subscription, for the purpose of operating your own business or organisation.
B13.3. On cancellation or expiry of your subscription, your right to use the Website and its associated design and code ends immediately, unless we agree otherwise in writing (for example, as part of a paid handover under clause B11 or B15).
B13.4. If you would like to purchase full, unrestricted ownership of your Website's design and code (for example, so you can move to another provider while keeping the same design), please contact us to discuss a handover fee, which reflects the work involved in preparing files for an independent host and the value of the design assets.
B14. Intellectual property rights
B14.1. All intellectual property rights in the website design, custom code, and hosting infrastructure we create (excluding Content you provide) remain the exclusive property of Four Social Marketing & Web Design Ltd, or our licensors.
B14.2. You retain ownership of all Content you provide for use on your Website, including your logo, brand assets, photography, copy, and product data. You grant us a licence to use that Content for the purposes of designing, building, hosting, and displaying your Website, and, unless you tell us otherwise in writing, for our own marketing purposes (for example, showcasing your Website in our portfolio, on social media, or in case studies). You confirm you have the right to give us this permission and that the Content does not infringe any third party's rights.
B14.3. If we license third-party assets on your behalf (for example, stock photography, premium plugins, fonts, or themes), those assets remain subject to the relevant third party's own licence terms, and your right to use them may be limited to the duration of your subscription or the licence period we have purchased.
B15. Domain names
B15.1. Where we register or manage a domain name for you as part of the Services, that domain is registered in the name of, and owned by, Four Social Marketing & Web Design Ltd for the duration of your subscription, including throughout the Minimum Term. We are responsible for renewing it while your subscription remains active and paid up.
B15.2. Once your Minimum Term has been completed, you may request that we transfer the domain name into your own name or account. We will action this free of charge, provided all Fees and other sums owed to us have been paid in full at the time of the request.
B15.3. If you wish to request a domain transfer before the end of the Minimum Term, this can normally only be arranged as part of an early termination under clause B8 (including payment of the Early Termination Fee), or otherwise at our discretion. A reasonable transfer administration fee, as set out in our then-current price list, may apply to transfers requested before the Minimum Term ends.
B15.4. If your subscription ends because of non-payment under clause B7, we are not obliged to transfer or renew the domain name, and it may lapse or be suspended. We will act reasonably and, where practical, give you the opportunity to resolve the outstanding balance and request a transfer before the domain expires.
B15.5. If you already own a domain name and simply want us to point it at the Website we host for you, you remain the registrant and are responsible for renewing that domain and keeping its settings (such as nameservers or DNS records) correctly configured, with our reasonable assistance.
B16. Data protection & GDPR
B16.1. Each party will comply with its obligations under UK GDPR and the Data Protection Act 2018 in connection with the Services.
B16.2. In relation to personal data that you, or visitors and customers of your Website, submit through forms, e-commerce checkouts, or other features of your Website (for example, a customer's name, email, or order details), we act as a data processor on your behalf, and you act as the data controller. You are responsible for having a lawful basis to collect that data, for your own privacy policy, and for responding to data subject requests relating to your customers, unless we separately agree to help with this.
B16.3. In relation to your own personal data as our client (for example, your name, contact details, and billing information), we act as the data controller. Our Privacy & Cookie Policy explains how we collect, use, and protect that data.
B16.4. We may use reputable sub-processors to deliver the Services, including our hosting provider and email/SMTP provider. We only give sub-processors the access they need to perform their function, and we take reasonable steps to ensure they protect personal data appropriately.
B16.5. Where technically possible, we host Website data on servers located in the UK or European Economic Area. If this changes, we will ensure appropriate safeguards are in place for any international transfer.
B16.6. Following termination of the Agreement, we will delete or anonymise personal data associated with your Website within a reasonable period (typically 30–90 days), except where we are required to retain it for longer to comply with a legal obligation (for example, financial record-keeping) or to establish, exercise, or defend legal claims.
B16.7. If you require a separate, signed Data Processing Agreement (for example, because of your own compliance requirements), please contact us and we will be happy to discuss this.
B16.8. If either party becomes aware of a personal data breach affecting data processed under this Agreement, it will notify the other party without undue delay and provide reasonable assistance to investigate and mitigate the breach.
B17. Acceptable use policy
B17.1. You must not use the Services, or allow the Services to be used, to store, publish, transmit, or link to content or material that:
- is illegal, or infringes any third party's intellectual property, privacy, or other legal rights;
- is defamatory, obscene, hateful, discriminatory, or intended to harass or threaten any person;
- contains malware, viruses, or code designed to disrupt, damage, or gain unauthorised access to any system;
- facilitates unsolicited bulk email ("spam"), phishing, or other unlawful marketing activity;
- relates to unlicensed gambling, or the unlawful sale of weapons, drugs, or other restricted goods;
- places an unreasonable load on our hosting infrastructure to the detriment of other clients.
B17.2. If we reasonably believe content on your Website breaches this clause and poses an urgent legal, security, or reputational risk, we may remove that content or suspend the Website immediately, and will notify you as soon as reasonably possible. For less urgent breaches, we will normally give you a reasonable opportunity to remove or correct the content before taking action.
B17.3. You are responsible for all Content on your Website and for ensuring you hold any necessary licences, consents, and permissions for it. You agree to indemnify us (see clause B21) against claims arising from Content you provide or from your breach of this clause.
B18. Service levels, backups & support
Availability
B18.1. We use commercially reasonable efforts to keep your Website and hosting available and performing well, and we target a high level of uptime. However, unless you have a separate written Service Level Agreement with us, we do not guarantee any specific uptime percentage, and availability may be affected by scheduled maintenance, third-party outages (including our hosting provider, domain registries, or upstream internet providers), or events outside our reasonable control (see clause B23, Force Majeure). We will give reasonable notice of planned maintenance likely to cause downtime, where practical.
Backups
B18.2. We take automated backups of hosted Websites on a regular basis (typically daily) and retain them for a reasonable period (typically up to 30 days), for disaster-recovery purposes. Backups are provided on a best-efforts basis and are not guaranteed to be complete, error-free, or available at every point in time. We recommend that you keep your own copies of critical Content, images, and data wherever practical. Restoring a backup outside the ordinary course of fixing a fault on our infrastructure (for example, to undo changes you have made) may be chargeable.
Support
B18.3. Standard technical support is available Monday to Friday, 9am–5pm (excluding bank holidays in England). We aim to respond to support requests within a reasonable time during these hours, but response and resolution times are not guaranteed unless set out in a separate Service Level Agreement. Support covers issues with the Services we provide; it does not cover training, bespoke development outside your package, or issues caused by third-party software, unauthorised changes, or misuse.
B19. Third-party services & software
B19.1. Your Website may rely on third-party software, platforms, and services, such as WordPress, page-builder plugins, premium themes, payment gateways, analytics tools, and other integrations. These are provided by, and remain subject to the terms of, their respective providers.
B19.2. We are not liable for outages, price changes, feature changes, security vulnerabilities, or discontinuation of any third-party product, though we will use reasonable efforts to keep your Website compatible with material changes where this falls within your package.
B19.3. Where a third-party service requires you to hold your own account (for example, a payment gateway or Google Business Profile), you are responsible for complying with that provider's own terms and for any fees they charge directly.
B20. Warranties & disclaimers
B20.1. We warrant that we will provide the Services with reasonable care and skill, in accordance with generally accepted industry standards.
B20.2. Except as expressly stated in this Agreement, and to the fullest extent permitted by law, all other warranties, conditions, and representations, whether express or implied by statute, common law, or otherwise (including as to satisfactory quality, fitness for a particular purpose, or that the Services will be uninterrupted or error-free), are excluded, save to the extent they cannot lawfully be excluded (including your statutory rights as a consumer under the Consumer Rights Act 2015, where applicable).
B20.3. We do not warrant or guarantee any particular search engine ranking, traffic level, conversion rate, or business outcome resulting from your Website, unless separately and expressly agreed in writing as part of a specific SEO or marketing engagement.
B21. Liability and indemnity
B21.1. Nothing in this Agreement excludes or limits either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
B21.2. Subject to clause B21.1, to the fullest extent permitted by law, we will not be liable to you for any indirect or consequential loss, or for loss of profit, revenue, business, anticipated savings, or data, arising out of or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise.
B21.3. Subject to clauses B21.1 and B21.2, our total aggregate liability to you arising out of or in connection with this Agreement in any 12-month period is limited to the total Fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.
B21.4. If you are a consumer, nothing in this clause B21 affects your statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection law.
B21.5. You agree to indemnify us against reasonable costs, claims, and losses we incur as a result of: (a) Content you provide infringing a third party's rights; (b) your breach of clause B17 (Acceptable Use); or (c) your misuse of the Services.
B22. Confidentiality
B22.1. Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party in connection with this Agreement, and to use it only for the purposes of the Agreement, except where disclosure is required by law or to that party's professional advisers.
B22.2. This clause does not apply to information that is or becomes publicly available other than through a breach of this clause, or that a party already lawfully held before disclosure.
B23. Force majeure
B23.1. Neither party will be liable for any failure or delay in performing its obligations under this Agreement (other than payment obligations) to the extent caused by events outside its reasonable control, including but not limited to internet or power outages, third-party hosting or infrastructure failures, acts of God, war, civil unrest, industrial action, or changes in law.
B23.2. If a force majeure event continues for more than 60 days, either party may terminate the Agreement by written notice, without either party being liable for that termination, save for Fees properly accrued up to that point.
B24. Assignment & subcontracting
B24.1. We may subcontract or delegate the performance of any part of the Services (for example, to a hosting provider or freelance specialist) without your consent, but we remain responsible for the Services being performed in accordance with this Agreement.
B24.2. We may assign, transfer, or novate this Agreement, in whole or in part, to another entity (for example, as part of a sale or restructuring of our business), provided this does not materially reduce the standard of Services you receive. You may not assign or transfer this Agreement without our prior written consent, not to be unreasonably withheld.
B25. Notices
B25.1. Any formal notice under this Agreement (for example, cancellation notice under clause B8 or B9, or notice of breach under clause B10) must be given in writing and sent by email to the address the other party has most recently provided, or by post to their registered office or last-known address. Our details for notices are set out in clause B30.
B25.2. A notice sent by email is treated as received on the next Business Day after sending, provided no delivery failure notification is received. A notice sent by post is treated as received 2 Business Days after posting.
B26. Complaints
B26.1. If you are unhappy with any aspect of the Services, please contact us in the first instance using the details in clause B30 so we can try to resolve things quickly and informally.
B26.2. If we cannot resolve a complaint between us, and you are a consumer, you may be able to refer certain disputes to an alternative dispute resolution provider; we will provide details of a relevant scheme if one applies at the time. This does not affect your right to bring a claim through the courts as described in clause B29.
B27. General provisions
B27.1. Entire agreement. This Agreement (Part A, Part B, any applicable Proposal, and our Privacy & Cookie Policy) is the entire agreement between us relating to the Services, and supersedes any prior discussions, representations, or agreements on that subject, except in the case of fraud or fraudulent misrepresentation.
B27.2. Severability. If any provision of this Agreement is found by a court or other competent authority to be invalid, illegal, or unenforceable, that provision will be treated as removed or modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
B27.3. No waiver. If either party fails to enforce any right under this Agreement, that failure is not a waiver of that right, and does not prevent that party from enforcing it later.
B27.4. Third-party rights. No one other than a party to this Agreement has any right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
B27.5. Independent contractors. Nothing in this Agreement creates a partnership, joint venture, or employment relationship between the parties.
B28. Changes to these terms
B28.1. We may update Part A of these Terms at any time to reflect changes in our website, services, or legal requirements; the current version will always be available on this page with a revised "last updated" date.
B28.2. We will not make material changes to Part B that reduce your rights or increase your obligations during your current Minimum Term or Renewal Period without giving you at least 30 days' written notice. If you do not agree to a material change, you may cancel your subscription with effect from the date the change would take effect, without paying an early termination fee under clause B8, by giving us written notice before that date. Continued use of the Services after a change takes effect constitutes acceptance of that change.
B29. Governing law and jurisdiction
B29.1. This Agreement, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims), is governed by and construed in accordance with the laws of England and Wales.
B29.2. The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement, save that if you are a consumer resident elsewhere in the UK, you may bring proceedings in your local courts, and mandatory consumer protections of your place of residence are not affected.
B30. Contact us
If you have any questions about these Terms & Conditions, or wish to give notice under this Agreement, please get in touch.
Four Social Marketing & Web Design Ltd
Company registration number: 16330359
VAT registration number: 488 8897 84
36 Ropergate, Pontefract, West Yorkshire, England, WF8 1LY
Email: kyle@thisisfoursocial.com
Phone: 07725 842496
Support hours: Monday–Friday, 9am–5pm (excluding bank holidays)