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Terms & Conditions

Last updated: 30 August 2026

Kindling Web Services is a trading name of Titan Software Ltd, registered in England & Wales (company no. 17343028). These terms govern the supply of website design, build, hosting and related services (“Services”). In these terms, “we”/“us” means Titan Software Ltd; “you”/“the Client” means the person or business engaging us. By paying the deposit, you accept these terms.

1 Quotations & acceptance

  1. 1.1 Quotes are valid for 30 days from issue and set out the scope, deliverables and price for the project.
  2. 1.2 A contract is formed when you accept a quote (in writing or by email) and pay the deposit under clause 2. Work does not begin before then.
  3. 1.3 If you are entering into this contract as an individual, wholly or mainly for purposes outside any trade, business, craft or profession (a “Consumer”), please tell us before accepting the quote — clause 14 gives you additional rights that apply to you.

2 Fees & payment

  1. 2.1 A 50% deposit is payable before any work is undertaken. We begin work once the deposit clears.
  2. 2.2 The remaining 50% balance is due on completion, prior to hand-over / launch of the site. We may withhold launch, transfer of files, or transfer of live site access until the balance is paid in full.
  3. 2.3 The deposit is non-refundable, as it secures our time and covers work carried out from the start of the project — except where you are a Consumer exercising your cancellation rights under clause 14, in which case clause 14 applies instead.
  4. 2.4 Invoices are payable within 14 days. Overdue amounts may accrue interest at 4% above the Bank of England base rate, in line with the Late Payment of Commercial Debts (Interest) Act 1998.
  5. 2.5 Prices exclude any applicable taxes and third-party costs (e.g. domain registration, premium fonts, plugins, stock media), which are charged at cost or as quoted.

3 Project scope & changes

  1. 3.1 We will deliver the work described in the accepted quote. The quote includes one design concept and up to two rounds of revisions unless stated otherwise.
  2. 3.2 Requests outside the agreed scope (“change requests”) will be quoted separately and may affect the timeline and price.
  3. 3.3 We build every site to a high standard, but we do not promise business outcomes: search engine rankings, visitor numbers, enquiries, sales or revenue depend on factors outside our control and are not guaranteed unless expressly stated in the quote.
  4. 3.4 The site is treated as accepted when you approve it for launch or first use it for your business, whichever comes first. We will fix, free of charge, any defect in our work that you report within 30 days of launch; this does not affect your statutory rights.

4 Your responsibilities

  1. 4.1 You will provide all required content (text, images, logos, access credentials) and timely feedback.
  2. 4.2 You confirm you own or are licensed to use all materials you supply, and you indemnify us against claims arising from them.
  3. 4.3 You are responsible for the accuracy and legality of your content and for your business’s own compliance with the laws that apply to it — including sector-specific rules, advertising and pricing claims, and the wording of your privacy and cookie notices. We implement what you approve, and we do not provide legal advice.
  4. 4.4 Keep your own copies of all materials you supply to us — we are not an archive for your source content.
  5. 4.5 Delays in providing content or approvals may delay the project and, after 30 days of inactivity on your part, we may invoice for work completed to date.

5 Timelines

  1. 5.1 Timelines are estimates given in good faith and depend on timely input from you. We are not liable for delays caused by you or by third parties.

6 Domain names

  1. 6.1 Where a new domain is registered for you, it will be registered in your name as the legal owner (registrant). The domain is, and remains, your property.
  2. 6.2 We may manage the domain on your behalf (DNS, renewals) as part of the Services, but this does not affect your ownership. You may request administrative control or transfer of the domain at any time, subject to any registrar transfer process and settlement of sums due.
  3. 6.3 Where you supply an existing domain, you remain responsible for its ownership and renewal unless we agree otherwise in writing.

7 Hosting & ongoing services

  1. 7.1 Websites are hosted on hosting accounts operated by us. Hosting, maintenance and support are provided under a separate ongoing plan billed monthly or annually as agreed.
  2. 7.2 Hosting is a managed service: the underlying hosting infrastructure and accounts remain ours. You are not granted ownership of, or independent access to, our hosting accounts.
  3. 7.3 We aim for high availability but do not guarantee uninterrupted service, and are not liable for downtime caused by third-party providers, force majeure, or matters outside our reasonable control.
  4. 7.4 We operate an automated backup regime for hosted sites (currently nightly copies retained for 30 days and monthly copies for 13 months, stored with more than one provider) and will use reasonable efforts to restore your site and its data from the most recent good backup. Backups and restores are provided on a reasonable-endeavours basis and are not a guarantee against all data loss.
  5. 7.5 We take reasonable, industry-standard security measures to protect hosted sites, but no website can be warranted immune from attack. Provided we have taken reasonable care, we are not liable for loss caused by unauthorised third-party acts such as hacking, malware or denial-of-service attacks.
  6. 7.6 We may suspend hosting or support where fees remain unpaid after due notice. On termination of the hosting plan, we will provide you with an export of your site files to enable migration to another host.

8 Intellectual property

  1. 8.1 On receipt of full payment, ownership of the final delivered website design and bespoke content created specifically for you passes to you.
  2. 8.2 We retain ownership of all underlying tools, frameworks, libraries, pre-existing code and know-how, and grant you a licence to use these as part of your website.
  3. 8.3 Until full payment is received, all deliverables remain our property.
  4. 8.4 We may display the completed work in our portfolio and marketing, and may include a discreet “Made by Kindling” credit in the site footer, unless you ask us in writing to remove it.

9 Third-party services

  1. 9.1 The Services may rely on third-party products (e.g. registrars, CDNs, fonts, analytics). Your use of these is subject to their own terms, and we are not responsible for their performance.

10 Liability

  1. 10.1 Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot lawfully be excluded.
  2. 10.2 Subject to 10.1, our total liability arising from the Services is limited to the total fees paid by you for the project in the 12 months preceding the claim.
  3. 10.3 We are not liable for indirect or consequential loss, loss of profit, data, or business.
  4. 10.4 Loss of website data is governed by the backup and security commitments in clause 7 and the data protection commitments in clauses 12–13: where we have kept those commitments and taken reasonable care, we are not liable for the loss. You remain responsible for keeping copies of materials you supply (clause 4).
  5. 10.5 If you are a Consumer (clause 14), nothing in this clause 10 excludes or limits liability where it would be unlawful to do so, and your statutory rights — including under the Consumer Rights Act 2015 — are unaffected.

11 Termination

  1. 11.1 Either party may terminate a project with written notice. If you terminate, the deposit is retained and you will be invoiced for any work completed beyond it.
  2. 11.2 Ongoing hosting/maintenance plans may be cancelled with 30 days’ written notice.

12 Data protection & processing

  1. 12.1 Each party will comply with applicable data protection law, including the UK GDPR and the Data Protection Act 2018.
  2. 12.2 Where your website collects personal data about your customers (for example enquiries, bookings or reservations), you are the data controller and we act as your data processor. Clause 13 sets out the details of that processing and our approved sub-processors.
  3. 12.3 We will process your customers’ personal data only on your documented instructions — these terms, and the configuration of the features you ask us to build and operate, form those instructions — unless we are required by law to do otherwise.
  4. 12.4 Everyone we authorise to access personal data is bound by a duty of confidentiality, and we protect the data with appropriate technical and organisational measures, including encryption in transit and at rest, access controls, and automatic scheduled deletion.
  5. 12.5 You authorise the sub-processors listed in clause 13.5. We will give you prior written notice before adding or replacing a sub-processor, you may object on reasonable grounds, and we impose materially equivalent data protection obligations on every sub-processor we use.
  6. 12.6 Taking into account the nature of the processing, we will assist you in responding to individuals exercising their data protection rights, and with your security, breach-notification and impact-assessment obligations. If an individual contacts us directly about personal data on your website, we will forward the request to you without undue delay and act on your instructions.
  7. 12.7 If we become aware of a personal data breach affecting your customers’ personal data, we will notify you without undue delay — and in any event within 48 hours of becoming aware — with enough information for you to meet your own reporting duties.
  8. 12.8 When hosting ends, we will at your choice return your customers’ personal data to you as a database export and/or delete it from live systems within 30 days. Data may persist in backup copies for up to 13 months before expiring automatically; backups are held beyond use and are only ever restored for disaster recovery, in which case deletions are re-applied.
  9. 12.9 We will make available the information reasonably necessary to demonstrate our compliance with this clause and, at your reasonable cost, allow for and contribute to audits you require.
  10. 12.10 Where we decide how and why personal data is used — your contact details as our client, quotes, signed documents and payment records — we act as controller, and our Privacy Policy explains what we hold and for how long.

13 Details of processing

  1. 13.1 Subject matter and duration: the hosting and operation of your website and its interactive features (enquiry forms, booking or reservation systems and related notifications), for as long as we provide the Services.
  2. 13.2 Nature and purpose: collecting form submissions, storing them, displaying them to you in your admin area, sending confirmation and reminder emails, and deleting data on the agreed schedule — so that your website can take enquiries and bookings for your business.
  3. 13.3 Types of personal data: names, email addresses, phone numbers, postal addresses, booking details (dates, times, party size, service and notes), message content, and IP addresses used for spam prevention. Categories of data subjects: your customers and prospective customers who use your website.
  4. 13.4 Reminder and confirmation emails we send for you are strictly transactional. We do not send marketing to your customers, and marketing content must not be added to transactional emails without a lawful basis under the Privacy and Electronic Communications Regulations.
  5. 13.5 Approved sub-processors: Cloudflare (hosting, database and backup storage), Resend (transactional email delivery), GitHub (private off-site backup storage) and Google (push notifications to our admin devices). Where these providers process data outside the UK, transfers are protected by UK-approved safeguards.
  6. 13.6 Retention defaults: unless you instruct otherwise in writing, booking and reservation records are deleted 12 months after the booked date, enquiry messages 12 months after receipt, and rolling backup copies expire automatically — daily copies within 30 days, monthly copies within 13 months.

14 Consumers: cancellation rights

  1. 14.1 This clause applies only if you are entering into this contract as an individual, wholly or mainly for purposes outside any trade, business, craft or profession (a “Consumer”) under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCR”). If you are acting for the purposes of a trade, business, craft or profession — including as a sole trader or company buying a business website — you are not a Consumer, and this clause does not apply to you.
  2. 14.2 As a Consumer, you have a legal right to cancel this contract within 14 days of the day it is formed (clause 1.2), without giving any reason. To cancel, simply tell us clearly — for example by email to [email protected] — that you wish to cancel.
  3. 14.3 If you cancel within that 14-day period and we have not started work at your request under 14.4, we will refund your deposit in full within 14 days of being told of your decision to cancel.
  4. 14.4 Because timely delivery often means starting quickly, by accepting a quote and paying the deposit as a Consumer you expressly request and agree that we may begin work before the 14-day cancellation period ends. If you then cancel during that period, you will owe us an amount proportionate to the work carried out up to the point you told us you were cancelling, calculated by reference to the total price in the quote; any remaining deposit will be refunded. If you would prefer we did not start work early, tell us and we will wait until the 14-day period has expired.
  5. 14.5 If the Services are fully performed before the 14-day period ends, your right to cancel ends once performance is complete, provided you made the express request in 14.4 and acknowledged this consequence beforehand.
  6. 14.6 Before you accept a quote as a Consumer, we will give you the information the CCR requires — including our identity and address, the total price, the existence of this cancellation right, and the consequences of an early-start request — either in the quote itself or by referring you to this clause.
  7. 14.7 Nothing in this clause affects your other statutory rights as a consumer, including under the Consumer Rights Act 2015 (services to be performed with reasonable care and skill, within a reasonable time, and for a reasonable price where none is agreed).

15 General

  1. 15.1 Force majeure: neither party is liable for failure or delay caused by events beyond its reasonable control — including power or network failure, third-party platform outages, fire, flood, epidemic, or industrial action — provided reasonable steps are taken to mitigate the effect.
  2. 15.2 Entire agreement: the accepted quote, any signed contract or statement of work, and these terms form the entire agreement between us, and neither party relies on any statement not set out in them — though nothing limits liability for fraud or fraudulent misrepresentation.
  3. 15.3 Variation: changes to the agreement are binding only when agreed in writing (email is sufficient) by both parties.
  4. 15.4 Severance: if any provision of these terms is found invalid or unenforceable, the remainder continues in full force.
  5. 15.5 Assignment and subcontracting: you may not transfer the agreement without our written consent. We may use carefully selected subcontractors and third-party services, and remain responsible to you for the Services.
  6. 15.6 Third-party rights: no one other than the parties may enforce any part of the agreement under the Contracts (Rights of Third Parties) Act 1999.

16 Governing law

  1. 16.1 These terms are governed by the laws of England & Wales, and the courts of England & Wales have exclusive jurisdiction — except that, if you are a Consumer, you may also bring proceedings in the courts of the part of the UK where you live.

Questions about these terms? Email us at [email protected].