Introduction

1. Thank you for choosing Free Website Foundry. These Terms of Service explain the agreement between you and us when you sign up for our website design, hosting and support services through www.freewebsitefoundry.co.uk.
2. Please read these terms carefully before signing up. By ticking the box confirming your acceptance during registration, you confirm that you have read and agree to be legally bound by these Terms of Service. If you are signing up on behalf of a company or another organisation, you confirm that you have authority to enter into this agreement on its behalf.
3. Our Privacy Policy explains how we collect, use and protect your personal information.
4. Free Website Foundry is a trading name of AI Creative Ltd, a limited company registered in England and Wales under company number 16212156.
5. Our registered office is: 65 Ellerbeck Way, Coppull, Chorley, PR7 5XN
6. Throughout these terms, “we”, “us” and “our” refer to AI Creative Ltd trading as Free Website Foundry. “You” and “your” refer to the customer entering into the agreement.
7. If you have any questions about these terms, please contact us using the contact form on our website.
8. We may update these Terms of Service from time to time. The latest version will be published on our website, with the date of the most recent update shown above. The version you accept when signing up will apply to your agreement. If we propose changes affecting your existing service, we will notify you directly in advance, explaining the changes, when they would take effect and any options available to you.

Intellectual property and website ownership

1. During the initial 12-month minimum term, we retain ownership of the intellectual property rights in the bespoke website design, written content and other original materials we create specifically for your website. This excludes customer-owned materials and third-party materials described below.
2. During this period, you have permission to use the website and the materials we create for the purposes of your business, subject to this agreement. You may operate your website and update its content, but this permission does not transfer ownership to you.
3. Once you complete the initial 12-month minimum term, we will transfer to you the intellectual property rights we own in the bespoke work created specifically for your website. We will provide written confirmation of that transfer, signed on behalf of AI Creative Ltd. You may continue using our hosting and support service or move your website to another provider, subject to the cancellation and notice provisions in these terms.
4. If you cancel the service before completing the initial 12-month minimum term, ownership of the bespoke work we created remains with us unless we agree otherwise in writing. Early cancellation does not transfer those rights to you. Any continuing permission to use that work will be governed by the termination provisions of this agreement.
5. You retain ownership of materials you supply, including your logo, photographs, written content and other business assets. You give us permission to use these materials to build, host and maintain your website, and confirm that you have the necessary rights or permission to provide them.
6. Your domain name remains registered in your name and is not subject to the 12-month ownership restriction.
7. WordPress, third-party themes, plugins, stock images, fonts and other licensed materials remain subject to their respective owners’ rights and licence terms. They are not transferred into your ownership under this agreement.
8. Our existing tools, reusable code and systems remain ours. Where these are incorporated into your website, we grant you an ongoing, non-exclusive licence to use them as part of that website following the ownership transfer.
9. If you move to another provider, some third-party subscriptions or licences may need to be replaced or purchased separately. We will explain any applicable requirements as part of the handover.

Small changes and ongoing support

1. While your hosting and support subscription remains active, we will help with small changes to your website, such as replacing an image, updating existing text or explaining how to use the website editor.
2. The service is intended to accommodate around two small update requests each month. This is a guide to normal use rather than an entitlement to a fixed amount of development time. We will accommodate additional small requests where reasonably possible.
3. Substantial redesigns, new pages created by us, new functionality, extensive content changes and troubleshooting unrelated third-party additions are outside this routine support. We will explain any additional work and agree its cost with you before proceeding.
4. Unused support requests do not accumulate or carry forward. Errors in work we have delivered will not be counted as routine update requests.
5. You may also manage your own website content. We will provide appropriate access and guidance, but please discuss significant technical changes or additional plugins with us beforehand so that we can explain any effect on ongoing support.

When your subscription starts

1. Your monthly billing and initial 12-month minimum term begin on the date your completed website goes live with your approval. We will confirm this date and your payment schedule in writing.
2. Authorising your GoCardless mandate during registration allows us to prepare for payment collection. It does not, by itself, start your monthly billing or the 12-month minimum term.
3. Your subscription costs £40 per calendar month, with a total subscription cost of £480 over the initial 12-month term. It continues at £40 per calendar month thereafter unless ended in accordance with these terms.

Overdue payments and suspension

1. If a payment fails or remains unpaid, we will notify you in writing and give you at least seven days from that notice to resolve the issue before suspending the affected services.
2. Suspension may make your website unavailable and may affect other services we provide, including email where applicable. We will explain the services affected in our notice.
3. A suspension does not itself end your agreement. Subscription charges continue during a suspension caused by your failure to pay while we retain your website and reserve the resources needed to restore the service. We will not charge a separate suspension or reactivation fee unless expressly agreed.
4. Once the overdue payment and its underlying cause have been resolved, we will restore the affected services as soon as reasonably practicable.
5. If the issue remains unresolved, we may send a further written warning giving you at least seven additional days to put matters right before terminating the agreement.

Cancellation by you

1. You may give cancellation notice through our website contact form or by replying to a service email from us. Notice takes effect when received; it does not depend on us choosing to acknowledge it. We will confirm the service end date and any final charges in writing.
2. After the initial 12-month minimum term, you may end the service by giving at least 30 days’ written notice. You may also give notice before the minimum term expires for the service to end on its final day, provided you give at least 30 days’ notice.
3. If you choose to end the service before the initial minimum term expires, an early-exit fee will apply. This is calculated as 80% of the remaining subscription charges between the service end date and the end of the initial term.
4. For example, if six full months remain, the remaining subscription charges would be £240 and the early-exit fee would be £192.
5. We will account for payments already made and calculate any partial month proportionately. We will not charge both an early-exit fee and monthly subscription charges for the same period.
6. The early-exit fee does not apply if we end the agreement on 30 days’ notice without a breach by you, or if you end it because of a material breach by us that we have failed to remedy within a reasonable period following written notice.
7. The subscription early-exit calculation does not apply before your website goes live, because the minimum term has not begun. Any separately commissioned paid work remains subject to its own agreed terms.
8. Payment of an early-exit fee does not itself transfer ownership of the bespoke website work. Ownership remains governed by the intellectual property provisions and the exceptions below.

Liability

1. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
2. Subject to the paragraph above, our total aggregate liability to you arising out of or in connection with this agreement, whether in contract, negligence, breach of statutory duty or otherwise, is limited to £250.
3. Subject to the same exceptions, we will not be liable for indirect or consequential losses, or for loss of profit, revenue, anticipated savings, business opportunity or goodwill.
4. We do not guarantee particular search rankings, inclusion in AI-generated answers, visitor numbers, enquiries, sales or other commercial outcomes.
5. Where an event outside our reasonable control prevents us from performing an obligation, we will notify you and take reasonable steps to minimise its impact. This does not excuse failures caused by our own lack of reasonable care or appropriate preparation.
6. Nothing in these terms removes any rights or remedies that cannot lawfully be excluded, or limits the rights of individuals or regulators under applicable data-protection law.

General provisions

1. Your registration confirmation, these Terms of Service and the Hosting and Support Policy supplied when you sign up form the agreement. Any later changes must follow the updates procedure in these terms. The data-processing provisions take priority where necessary to address personal-data processing.
2. If a provision is found to be unenforceable, the remaining provisions will continue to apply. A delay in exercising a contractual right does not, by itself, waive that right.
3. Except where expressly stated, this agreement does not give third parties rights to enforce its provisions under the Contracts (Rights of Third Parties) Act 1999. This does not affect rights arising independently under data-protection law.
4. This agreement is governed by the law of England and Wales. Subject to any mandatory legal requirements, disputes will be dealt with by the courts of England and Wales.