Last Updated: 7 January 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", "your") and Spark Media ("we", "us", "our") regarding your use of our website sparkmediawebsites.com (the "Website") and services.
By accessing or using our Website or services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must not use our Website or services. These Terms are governed by the laws of England and Wales.
Spark Media provides website design, development, maintenance, and related digital services ("Services") to businesses and individuals. Our Services include but are not limited to:
When engaging our Services, you agree to:
Provide accurate, complete, and timely information necessary for project completion
Respond to our communications and requests within reasonable timeframes
Provide content, images, and materials that you have legal rights to use
Not use our Services for any illegal, harmful, or prohibited purposes
Maintain the confidentiality of any login credentials we provide
All prices are quoted in British Pounds Sterling (GBP) and include VAT where applicable. We reserve the right to change our pricing at any time, but price changes will not affect projects already under contract.
Unless otherwise agreed in writing, payment terms are as follows:
Payments not received within 14 days of the due date may incur a late payment fee of £50 or 5% of the outstanding amount (whichever is greater). We reserve the right to suspend or terminate services for non-payment.
Deposits are non-refundable once work has commenced. If you cancel a project mid-way, you will be charged for work completed to date. Monthly subscription fees are non-refundable but you may cancel at any time to avoid future charges.
We strive to complete projects within the estimated timeframes provided. However, project timelines are estimates only and may be affected by:
We are not liable for any losses resulting from project delays, provided we have made reasonable efforts to meet agreed timelines.
You retain all rights to content, images, logos, and materials you provide to us. You grant us a non-exclusive licence to use these materials solely for the purpose of delivering our Services.
Upon receipt of full payment, you will own the final website design and custom code created specifically for your project. However, we retain ownership of our proprietary tools, frameworks, templates, and pre-existing intellectual property.
Your website may incorporate third-party software, fonts, images, or plugins. You are responsible for complying with any applicable licences for these elements. We will notify you of any such third-party components.
Unless you specifically request otherwise, we reserve the right to display your completed website in our portfolio, case studies, and marketing materials, and to identify you as a client.
We warrant that our Services will be performed with reasonable skill and care in accordance with industry standards. If you are not satisfied with any aspect of our work, please notify us within 30 days and we will make reasonable efforts to rectify the issue.
While we aim to create effective websites that drive results, we do not guarantee specific outcomes such as search engine rankings, traffic levels, conversion rates, or sales. Website performance depends on many factors beyond our control.
We are not responsible for the performance, availability, or functionality of third-party services, hosting providers, payment processors, or other external platforms that your website may rely upon.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARK MEDIA SHALL NOT BE LIABLE FOR:
Our total liability for any claim arising from or related to our Services shall not exceed the amount you paid us for the specific Service giving rise to the claim in the 12 months preceding the claim.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
You agree to indemnify, defend, and hold harmless Spark Media, its directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your breach of these Terms; (b) your violation of any law or third-party rights; (c) content or materials you provide to us; or (d) your use of the website or services we create for you.
You may terminate our Services at any time by providing written notice. You will be responsible for payment of all work completed to the date of termination. Deposits and payments for completed work are non-refundable.
We reserve the right to terminate our Services immediately if you: (a) breach these Terms; (b) fail to make payment when due; (c) engage in abusive or threatening behaviour toward our staff; or (d) use our Services for illegal purposes.
Upon termination, we will cease work immediately. For hosting and maintenance services, we will provide reasonable notice before discontinuing access. You remain liable for all outstanding payments.
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of our business relationship. This obligation continues for 2 years after the termination of services. This does not apply to information that is publicly available or independently developed.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, pandemics, government actions, or internet/telecommunications failures.
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our Website with a new "Last Updated" date. Your continued use of our Services after such changes constitutes acceptance of the modified Terms. For existing projects, the Terms in effect at the time of contract signing shall apply.
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
Any disputes arising from or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of England and Wales. However, we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property rights.
In the event of any dispute, controversy, or claim arising from these Terms, both parties agree to first attempt to resolve the matter through good faith negotiations. If the dispute cannot be resolved within 30 days, either party may pursue formal legal remedies.
We encourage clients to contact us directly to resolve any concerns before pursuing legal action. We are committed to finding fair and reasonable solutions.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
These Terms, together with any written agreement or proposal signed by both parties, constitute the entire agreement between you and Spark Media regarding the Services. These Terms supersede all prior discussions, negotiations, and agreements.
If you have any questions about these Terms of Service, please contact us:
By using our Website or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into these Terms on behalf of a company or organisation, you represent that you have the authority to bind that entity to these Terms.