STANDARD TERMS AND CONDITIONS FOR DIGITAL SERVICES

Last Updated: 5th May 2026

 

These Terms and Conditions (“Terms”) govern all digital services provided by Robert Drane trading as YO7 Media (“we”, “us”, “our”, or “Provider”) to the client (“you”, “your”, or “Client”).

By accepting a quotation, proposal, or statement of work (the “Order”), paying an invoice, or ticking a box indicating acceptance, you agree to be legally bound by these Terms. Because these Terms apply flexibly to various services – including hosting, development, design, and maintenance – only the clauses relevant to the specific Services in your Order shall apply.

 

  1. INTERPRETATION

1.1 Definitions:

In these Terms, the following definitions apply:

  • Services: The specific digital services (e.g., design, development, hosting, support, bug fixing, consultancy, maintenance) as defined in the Order.
  • Deliverables: The specific outputs (code, websites, plugins, configurations, graphics) produced as part of the Services.
  • Client Data: All data, including personal data, customer databases, eCommerce transaction records, CRM integrations, user credentials provided by the Client or processed through the Services.
  • Third-Party Services: Any external software, plugins, themes, hosting providers, cloud infrastructure, APIs, Content Delivery Networks (CDNs), or other third-party systems used to deliver the Services.
  • Specification: The description of Services and Deliverables set out in the applicable Order.

1.2 Modular Application: These Terms are designed to be flexible. Only the clauses relevant to the Services actually purchased in the Order shall apply. For example, if Web Hosting is not in the Order, Clause 7 shall not apply.

 

  1. CONTRACT STRUCTURE

2.1 These Terms apply to all Services provided by us as a sole trader.

2.2 The contract between the parties consists of: (a) the applicable Order; and (b) these Terms.

2.3 In the event of conflict, the Order shall prevail over these Terms.

2.4 These Terms supersede all previous agreements, representations, or understandings.

2.5 Our Services are intended exclusively for business, commercial, or professional use. By accepting an Order or these Terms, you warrant and represent that you are acting in the course of a business, trade, or profession and are not purchasing the Services as a consumer. The parties agree that consumer protection legislation shall not apply to this agreement.

 

  1. PROVISION OF SERVICES & CLIENT RESPONSIBILITIES

3.1 We shall perform the Services using reasonable skill and care.

3.2 You acknowledge that digital services rely on complex, distributed systems and uninterrupted or error-free operation cannot be guaranteed.

3.3 You shall:

(a) provide all content, branding materials, and credentials within seven (7) days of request;

(b) ensure all materials provided are lawful and do not infringe third-party rights;

(c) provide accurate information and be responsible for the accuracy of all content;

(d) maintain appropriate security over credentials, access permissions, and internal systems;

(e) promptly notify us of any suspected security incident or unauthorised access.

3.4 Domains, DNS, and Email Responsibility: Unless expressly agreed in writing, you remain solely responsible for domain name registration/renewal, DNS configuration, email deliverability/spam filtering, and third-party licence fees. We accept no liability for disruption, misconfiguration, data loss, or failure relating to such systems.

3.5 Delays: Failure to provide required materials or approvals within fourteen (14) days may result in revised timelines. Delays exceeding thirty (30) days may result in suspension, re-quotation, or additional fees.

3.6 Compliance and Legal Content: You are solely responsible for ensuring that your website and its content comply with all applicable laws and regulations, including but not limited to the Privacy and Electronic Communications Regulations (PECR) and UK GDPR. This includes, but is not limited to, the drafting, accuracy, and legal sufficiency of Privacy Policies, Cookie Policies, and Terms of Use. While we may provide technical tools, templates, or general guidance (including cookie consent mechanisms or policy templates), these are provided for convenience only and do not constitute legal advice. We make no representations or warranties that such tools or templates are legally sufficient or compliant with applicable law. You should seek independent legal advice where required.

 

  1. FEES, PAYMENT, INCREASES & SUSPENSION

4.1 Fees are as set out in the Order and are exclusive of VAT unless stated otherwise.

4.2 Invoices are payable within thirty (30) days of the invoice date unless otherwise agreed.

4.3 Annual Price Review: Recurring fees for hosting, support, maintenance, and email services shall automatically increase annually on the anniversary of the Order by three percent (3%) plus the prevailing rate of the UK Consumer Prices Index (CPI).

4.4 Discretionary Hosting Increases: Without prejudice to Clause 4.3, we may increase fees for hosting and third-party infrastructure services at any time by providing not less than thirty (30) days’ written notice. If you do not accept such increase, you may terminate the affected Services by giving at least fourteen (14) days’ written notice before the increase takes effect. Termination under this clause shall not incur any early termination fees.

 

4.5 Overdue Payments: If payment is overdue, we may:

(a) suspend or terminate Services (including taking websites/hosting offline) on seven (7) days’ notice;

(b) charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 at 8% above the Bank of England base rate;

(c) recover reasonable debt recovery costs.

4.6 Where Services are suspended due to your breach of these Terms, including non-payment, we shall not be liable for any loss of data, business interruption, or other losses arising directly from such suspension, provided that the suspension was carried out in accordance with these Terms and applicable law.

4.7 No Refunds: Fees are non-refundable except where we are in material breach of these Terms and fail to remedy such breach within a reasonable period following written notice. No refunds shall be provided for unused time, hosting periods, maintenance services, or where Services are terminated due to your breach.

 

  1. DESIGN, DEVELOPMENT & ACCEPTANCE

5.1 Development & Scope: Where applicable, we shall develop Deliverables in accordance with the Specification. Any work outside the agreed scope (including out-of-scope bug fixing or feature creep) shall be strictly chargeable at our standard hourly rates.

5.2 Web Design & Revisions: Where the Services include web design, UI/UX, graphic design or custom coding, the Order will specify the allowed number of revision rounds. If no number is specified, the Client is entitled to two (2) rounds of minor revisions per design phase. Revisions requested beyond this limit, or complete redesigns after initial concepts have been approved, will be subject to additional fees.

5.3 Custom Coding: Where we develop custom themes, plugins, or bespoke code:

(a) The code is developed to be compatible with the core software (e.g., WordPress) and server environment versions specified at the time of development.

(b) We are not responsible for subsequent conflicts, errors, or breakages caused by updates to the core CMS, third-party plugins, themes, or changes to the server environment after the code has been delivered.

(c) Custom code built upon open-source frameworks (such as WordPress) will remain subject to the applicable open-source licenses (e.g., GNU GPL).

5.4 Third-Party Services: Websites and systems may include Third-Party Services. Ongoing licence or subscription costs for premium plugins, fonts, APIs, themes or other Third-Party Services are your responsibility unless agreed otherwise in the Order.

5.5 Acceptance: Deliverables shall be deemed accepted fourteen (14) days after delivery unless rejected in writing, or immediately upon being used in a live/production environment. Minor defects or cosmetic snags shall not prevent acceptance.

5.6 No Performance Guarantees: We do not guarantee search engine rankings (SEO), website traffic, user engagement, revenue, or specific business outcomes.

5.7 Browser & Device Compatibility: We develop for the latest stable versions of major modern browsers (Chrome, Firefox, Safari, Edge). We do not guarantee backward compatibility with legacy browsers (e.g., Internet Explorer) or obscure mobile devices unless specifically scoped in the Order.

5.8 Change Control: Any request for work outside the agreed Specification shall constitute a change request. We shall not be obliged to commence such work until scope, timing, and fees have been agreed in writing. Unless otherwise agreed, such work shall be charged at our standard hourly rates.

 

  1. LIMITED WARRANTY

6.1 We warrant that custom-developed Deliverables will materially conform to the Specification for thirty (30) days following launch.

6.2 During this period, we shall use reasonable efforts to correct reproducible defects in our custom code.

6.3 Exclusions: This warranty explicitly excludes Third-Party Services, updates to third-party systems (e.g. CMS or plugin updates), hosting environment changes, or modifications made by you or other third parties.

 

  1. WEB HOSTING

7.1 Infrastructure: We routinely utilise Third-Party Services (e.g. external cloud infrastructure, CDNs, shared servers) to provide hosting. You authorise us to engage such providers and to migrate or modify infrastructure at our discretion.

7.2 Availability & Downtime: Unless expressly set out in a written SLA, no uptime guarantee applies. Websites and hosting may experience downtime due to technical issues, hardware failures, routine maintenance, cyber incidents, or third-party outages. We are not liable for business interruption or lost sales resulting from downtime.

7.3 Hosting-Only Scope: Web hosting covers only the provision of server space and infrastructure. Unless explicitly stated in the Order, it does not include website maintenance, software updates, content management, or technical support.

  1. EMAIL HOSTING

8.1 Service Scope: Where email hosting is specifically detailed in the Order, we shall provide mailbox storage up to the limits agreed upon.

8.2 Mass Mailing & Anti-Spam Prohibition: Standard email hosting is designed strictly for day-to-day business correspondence. You shall not use our infrastructure to send unsolicited communications (spam), mass marketing campaigns, or bulk newsletters. Any bulk mailing activities must be conducted through a dedicated third-party mailing platform (e.g., Mailchimp, SendGrid). We reserve the right to immediately suspend or terminate your email services without notice or liability if we detect bulk mailing activity that risks damaging our server reputation or IP address deliverability.

8.3 Deliverability: You are responsible for ensuring your email use complies with all applicable anti-spam legislation (including PECR). We do not guarantee that emails sent will bypass third-party spam filters or consistently reach the intended recipient’s inbox.

8.4 Storage & Management: If mailbox storage limits are exceeded, inbound emails may bounce or be rejected. You are solely responsible for managing mailbox quotas, archiving important correspondence, and maintaining independent backups of your emails.

8.5 No SLA & Limited Support: Email hosting is provided on an “as-is” and reasonable endeavours basis. No uptime guarantee or Service Level Agreement (SLA) applies, and we accept no liability for any business interruption, lost sales, or damages resulting from delayed, lost, or inaccessible emails. Technical support for email is strictly limited to providing the necessary server details (IMAP/SMTP settings); we do not provide ongoing IT support for configuring, troubleshooting, or managing third-party mail clients (e.g., Microsoft Outlook, Apple Mail, Gmail) on your local devices.

 

  1. MAINTENANCE & SUPPORT

9.1 Service Scope: Where a maintenance plan is purchased in the Order, we will provide routine software updates (e.g., WordPress core, themes, plugins) and general technical support up to a maximum of one (1) hour per calendar month, unless a different allowance is specified in the Order.

9.2 Unused Time: Monthly support hours are strictly “use it or lose it” and do not roll over to subsequent months.

9.3 Exclusions: Maintenance includes reasonable technical assistance but does not include custom development, redesigns, new integrations, or disaster recovery from client-caused errors or malware.

9.4 Maintenance Standard: We shall perform maintenance services using reasonable skill and care. You acknowledge that maintenance services are carried out periodically and not on a continuous or real-time basis. We do not guarantee that all vulnerabilities, security risks, or software defects will be identified or resolved, nor that updates will be applied immediately upon release. The timing and application of updates may be subject to compatibility testing, staging processes, and operational constraints.

  1. COMPLIMENTARY SERVICES

10.1 “Nice-to-Have” Features: From time to time, we may provide complimentary services or features (such as SEO reports, uptime monitoring, website analytics, or site audits) alongside your paid Services.

10.2 No Guarantees: These complimentary features are provided strictly “as-is” and entirely at our discretion, without any warranty, performance guarantee, or SLA. We reserve the right to modify, suspend, or permanently withdraw these services at any time, without prior notice and without any liability or recourse to you.

 

  1. SECURITY, CYBER RISK & BACKUPS

11.1 No Guarantee Against Hacks: While we implement reasonable technical and organisational security measures, no digital environment is impervious. We do not guarantee protection from cyberattacks, hacking, malware, DDoS attacks, or unauthorised access.

11.2 Limitation of Cyber Liability: We implement reasonable technical and organisational measures to protect systems and data. However, you acknowledge that no system can be made completely secure. We shall not be liable for any loss, damage, or unauthorised access arising from cyber incidents, hacking, malware, or security breaches, including (but not limited to) those affecting third-party infrastructure, hosting providers, content delivery networks, or other external services used in connection with the Services. We shall also not be liable for any such loss arising from your failure to maintain appropriate security practices, including but not limited to the use of weak passwords, failure to implement multi-factor authentication where available, or failure to keep systems, plugins, or integrations up to date. Nothing in this clause excludes or limits our liability to the extent that such loss arises directly from our negligence or wilful default, and in all cases our liability shall be subject to the limitations and exclusions set out in Clause 15.

11.3 Incident Remediation: Incident response, forensic work, malware removal, and recovery are strictly chargeable services unless explicitly covered by a dedicated ongoing maintenance SLA.

11.4 Backups: Unless a specific backup SLA is purchased: (a) backups are provided on a reasonable endeavours basis only; (b) they are not guaranteed to be complete or error-free; and (c) restoration services may be chargeable. You are solely responsible for maintaining independent, off-site backups of your Client Data.

 

  1. ACCEPTABLE USE

12.1 You shall not use the Services to store or transmit material that is unlawful, pornographic, racist, or defamatory. The storage or distribution of “Hate Speech,” material inciting violence, or discriminatory content is strictly prohibited. You are further prohibited from distributing malware, infringing intellectual property, or sending unsolicited communications (spam). We reserve the right to suspend or terminate Services immediately, without notice or liability, for any breach of this clause.

 

  1. INTELLECTUAL PROPERTY

13.1 Upon receipt of full payment of all undisputed fees, you shall own the intellectual property rights to the bespoke visual design elements (such as front-end UI/UX graphics and custom branding) created specifically for you as part of the Deliverables. However, the Provider retains all ownership and intellectual property rights in: (a) any pre-existing materials, code, scripts, or software libraries used to develop the Deliverables; (b) any proprietary code, plugins or modules developed by the Provider that are not specific to the Client’s branding; and (c) all “know-how” and methodologies used in the provision of the Services. We grant you a perpetual, worldwide, non-exclusive, royalty-free licence to use these underlying elements solely as integrated into the final Deliverables.

13.2 Non-Solicitation: You shall not, during the term of this agreement and for a period of twelve (12) months thereafter, directly or indirectly attempt to employ, entice away, or contract with any employee or subcontractor of the Provider. In the event of a breach of this clause, you agree to pay us a sum equivalent to 50% of the individual’s current annual salary or annualised contracting fees. Both parties agree that this sum represents a genuine and reasonable pre-estimate of the significant disruption, recruitment, and training costs we would incur, and does not constitute a penalty.

13.3 Open Source & Third-Party Licences: Notwithstanding Clause 13.1, your ownership of the Deliverables is subject to the terms of any “Open Source” or “Third-Party” licences integrated into the Services (e.g., WordPress, GNU GPL, MIT License). You agree to comply with the terms of all such licences. We provide no warranty for third-party software and shall not be liable for any changes to their licensing models or the withdrawal of their services.

 

  1. DATA PROTECTION & UK GDPR (DATA PROCESSING)

14.1 Roles: Where the website or hosting processes personal data (including but not limited to eCommerce purchases, user logins, CRM integrations, and customer databases), you act as the Data Controller and we act as the Data Processor under UK GDPR.

14.2 Controller Warranties: You warrant that you have lawful grounds, necessary consent, and appropriate privacy policies in place for capturing and processing all Client Data on the website.

14.3 Processor Obligations: Where acting as a Data Processor, we shall: (a) process personal data only on your documented written instructions; (b) implement appropriate technical and organisational security measures to protect the data; (c) assist you, at your reasonable cost, in responding to data subject rights requests or regulatory inquiries; and (d) delete or return all personal data to you upon termination of the Services, unless we are legally required to retain it.

14.4 Sub-processors: You grant general authorisation for us to appoint third-party sub-processors (e.g., hosting providers, CDNs) to deliver the Services, subject to appropriate international data transfer safeguards.

 

  1. LIMITATION OF LIABILITY

15.1 Nothing excludes liability for death, personal injury, or fraud.

15.2 To the fullest extent permitted by law, our total aggregate liability arising under or in connection with these Terms (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) shall not exceed the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim.

15.3 To the fullest extent permitted by law, we shall not be liable for: (a) loss of profits, revenue, or business; (b) loss of contracts or eCommerce sales; (c) loss or corruption of Client Data or databases; (d) loss of goodwill; (e) loss of anticipated savings; or (f) any indirect or consequential losses.

 

  1. INDEMNITY

You shall indemnify and hold us harmless against all claims, damages, losses, and expenses arising from: (a) materials or content provided by you; (b) unlawful data processing or GDPR breaches caused by your role as Data Controller; or (c) any breach of these Terms by you.

 

  1. TERM, TERMINATION & EXIT

17.1 Minimum Term & Notice for Hosting: For all web hosting, ongoing maintenance, and email services, the initial minimum contract term is twelve (12) months from the commencement of the Order. Upon the expiry of the initial term, and each anniversary thereafter, the Agreement shall automatically renew for a successive twelve (12) month period (each a “Renewal Term”) unless either party provides written notice of non-renewal at least ninety (90) days prior to the end of the then-current term.

17.2 Notice for Other Services: For development, design, or ad-hoc consultancy Services not subject to a minimum term, either party may terminate on thirty (30) days’ written notice.

17.3 Material Breach: Either party may terminate for material breach not remedied within thirty (30) days.

17.4 Immediate Termination: We may terminate immediately for non-payment or breach of Acceptable Use (Clause 12).

17.5 Termination for Insolvency: We may terminate this Agreement with immediate effect by giving written notice to you if:

(a) you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due;

(b) you enter into any compromise or arrangement with your creditors;

(c) a petition is filed, a notice is given, or an order is made, in connection with your bankruptcy, insolvency, winding up, or administration;

(d) a creditor or encumbrancer attaches or takes possession of the whole or any part of your assets.

17.6 Termination on Notice: Notwithstanding any minimum term set out in Clause 17.1 or 17.2, we reserve the right to terminate this Agreement, or any specific Services within an Order, by providing you with no less than sixty (60) days’ written notice. In such an event, we will continue to provide the Services up to the date of termination, and you will only be liable for fees incurred up to that date.

17.7 Post-Termination: Upon termination, all outstanding fees shall become immediately due. Client Data will be made available for a period of thirty (30) days following termination, after which it may be permanently deleted. You are responsible for extracting your data within this period. Any assistance required to package, transfer, or migrate data or systems shall be chargeable at our standard hourly rates.

17.8 Early Termination Fee: Where a project is terminated by you before completion (other than due to our material breach), you shall pay for all work completed up to the termination date, together with any non-cancellable commitments, third-party costs, and a reasonable allocation of scheduled time and resources.

 

 

  1. GENERAL

18.1 Force Majeure: Neither party is liable for events beyond reasonable control (including infrastructure outages).

18.2 Severability: If any provision is deemed invalid, it shall not affect the remainder of the Terms.

18.3 Entire Agreement: These Terms and the Order constitute the entire agreement.

18.4 Death or Severe Incapacity: As the Provider operates as a sole trader, the provision of these Services involves personal service. In the unfortunate event of the Provider’s death, severe illness, or permanent incapacity: (a) this Agreement shall immediately terminate without penalty; (b) the Provider’s estate, executors, or representatives shall have no obligation to continue providing the Services (including maintaining active hosting environments); and (c) the Provider’s estate shall not be held liable for any unperformed Services, data loss, website downtime, or resulting business interruption. We strongly advise you to maintain your own independent, off-site backups of all Client Data (as per Clause 11.4) to protect against unexpected service cessation.

18.5 Variation: We may update these Terms from time to time to reflect changes in law, best practice, or our service offerings. We will provide you with at least thirty (30) days’ notice of any material changes via the email address associated with your account. Your continued use of the Services after the expiry of this notice period will constitute your acceptance of the updated Terms.

18.6 Succession & Assignment: We reserve the right to assign or transfer our rights and obligations under these Terms to a successor entity (for example, upon the incorporation of the Provider as a Limited Company). You agree that such a transfer shall not require your further consent, provided the service levels remain materially the same.

18.7 Governing Law: These Terms are governed by the laws of England and Wales, and subject to the exclusive jurisdiction of its courts.