Clear terms
for adefined job.

Parties and business status

“SitePhoenix”, “we” and “us” mean Tom Kinnaird trading as SitePhoenix, a sole trader. “Client”, “you” and “your” mean the business customer named in the written project scope or invoice.

The client confirms that it is purchasing the services wholly or mainly for purposes connected with its trade, business, craft, profession or organisation. These are business-to-business terms and do not create a contractual 14-day cooling-off period.

How the contract is formed

SitePhoenix will provide a written project scope before asking for the start payment. Before requesting that payment, SitePhoenix will also carry out a reasonable project-readiness check covering the client’s ability to retain and control the intended domain and the practical route to launch.

The contract is formed when the client pays the start payment, unless the written scope expressly states another acceptance method. SitePhoenix will not normally request the £299 start payment while domain control remains materially uncertain or subject to an unresolved ownership dispute.

The written scope deals with project-specific details. These terms deal with the general relationship. If there is a direct conflict, the expressly agreed project-specific wording in the written scope takes priority.

SitePhoenix Complete and the agreed scope

The standard SitePhoenix Complete price is £799 for the agreed rebuild. A normal project may include up to eight agreed core pages, a modern mobile-first redesign, restructuring and rewriting of core copy, stronger presentation of genuine trust signals, clearer enquiry paths, local SEO foundations, one full quality check, one consolidated revision round and launch support on the existing platform where practical.

The exact pages and deliverables are those listed in the written scope. The eight-page allowance is a maximum, not a promise that every project needs eight pages.

Unless expressly included, the fixed package does not cover large ecommerce catalogues, bespoke software or web applications, major third-party integrations, paid licence costs, photography or video production, major branding projects, large-scale legacy migrations, ongoing advertising, social media management, ongoing SEO campaigns or other work outside the written scope.

Price, VAT and payment

Unless the written scope says otherwise, the total price for SitePhoenix Complete is £799. SitePhoenix is not VAT registered and VAT is not charged.

Payments may be made using the payment method shown on the invoice or payment request. The client remains responsible for any normal charges payable directly to its own hosting provider, domain registrar, platform or other third party.

Cancellation and the start payment

Because these are B2B terms, there is no automatic contractual 14-day cooling-off period.

If the client cancels before substantive rebuild work begins, SitePhoenix will refund the start payment less any non-refundable third-party cost that the client expressly authorised in advance.

If the client cancels after substantive work has begun, SitePhoenix may retain all or part of the £299 start payment to reflect work already completed and costs incurred. If the value of completed work reasonably exceeds the start payment, SitePhoenix may invoice a reasonable proportion of the remaining project price, capped so that the total amount charged does not exceed the agreed project price.

If SitePhoenix is unable to complete the agreed work for reasons not caused by the client, SitePhoenix will refund any payment attributable to work not supplied.

What we need from the client

The client must provide reasonably accurate information, timely feedback, suitable access when required, and any logos, photographs, text, reviews or other materials that it wishes SitePhoenix to use.

The client confirms that it owns or has permission to use materials it supplies and that factual claims it asks SitePhoenix to publish are accurate. SitePhoenix may rely on factual information supplied by the client unless there is an obvious reason not to.

The client must tell SitePhoenix if the domain is used for business email or other important services and, where known, identify the relevant provider or account. The client is responsible for keeping account credentials secure and for maintaining appropriate copies of important business records. SitePhoenix will take reasonable care when working with existing websites and will use a separate working environment or backup where reasonably practical.

Timing and client delays

Any delivery date is an estimate unless SitePhoenix expressly agrees in writing that a date is fixed. Timings depend on the client providing requested information, access and feedback.

If the client does not respond when information or approval is needed, SitePhoenix may pause the project. A paused project will resume according to reasonable availability rather than automatically retaining its original place in the schedule.

Review, revision and approval

When the agreed rebuild is ready, SitePhoenix will present it for review. The client should either approve it or provide one consolidated list of reasonable changes within the agreed scope, normally within 10 business days.

One consolidated revision round is included. Correcting genuine errors or omissions needed to make the site materially match the written scope is not treated as optional extra work. New pages, new functionality or a substantial change of agreed design direction may be quoted separately.

After the included revision work is presented, the client should approve the project or identify any remaining objective failure to meet the agreed scope. Approval must not be unreasonably withheld where the work materially conforms to the written scope.

Silence is not approval for launch. However, if completed work has been presented and the client then fails to respond for 30 calendar days, SitePhoenix may treat the agreed rebuild as completed for billing purposes. The site will still not be launched without the client’s approval.

Final payment and launch

The £500 final balance is due after the agreed review process and before launch. SitePhoenix is not required to make the replacement site public, transfer final access or complete a production handover until cleared payment has been received.

If the client decides not to launch after the agreed work has been completed, that decision does not cancel payment properly due for the completed work.

Launch is carried out using the agreed platform and method where practical. SitePhoenix will take reasonable care, but some DNS, hosting, caching and third-party changes may take time outside SitePhoenix’s direct control.

Domains, hosting, platforms and third parties

The client retains ownership or control of its domain and its own third-party accounts. SitePhoenix does not require a platform move merely for convenience and will work with the existing setup where it can reasonably support the agreed result.

As part of the project-readiness check, SitePhoenix may identify the registrar, nameservers, DNS provider, current hosting and obvious domain-linked email services where reasonably possible. The purpose is to establish a practical launch route and reduce the risk of disrupting services that already work.

If the client owns or controls the domain but has lost account access, reasonable assistance with straightforward registrar, DNS or account-recovery steps may be provided within the standard project. Recovery must be completed, or the route to control demonstrated to SitePhoenix’s reasonable satisfaction, before the start payment is normally requested.

If domain ownership is disputed, the registrant appears to be an unrelated third party, a former supplier refuses to release control, or recovery would require a prolonged registrar dispute, Nominet dispute process, court action, solicitor involvement or similarly substantial work, SitePhoenix may pause or decline the project until the client resolves the issue. Such dispute work is outside the £799 fixed package and SitePhoenix is not obliged to conduct legal or ownership proceedings on the client’s behalf.

Before changing DNS or nameservers, SitePhoenix will take reasonable steps to identify existing records relevant to business email and other obvious services. SitePhoenix will not intentionally remove unrelated working DNS records merely to launch the new website.

SitePhoenix cannot guarantee the availability, pricing, security, policies or continued functionality of hosting companies, content-management systems, plugins, APIs, fonts, stock media or other third-party products and services. Paid third-party costs are not included unless the written scope expressly says they are.

Intellectual property and use of the finished website

Each party keeps ownership of intellectual property it already owned before the project. The client keeps its own branding, supplied content and other client materials.

After full payment, SitePhoenix grants the client a perpetual, worldwide, royalty-free licence to use, host, reproduce, adapt and modify the bespoke website deliverables created by SitePhoenix specifically for that client as part of the agreed project.

SitePhoenix retains ownership of its pre-existing methods, reusable code, frameworks, components, design systems, processes, know-how and other materials capable of reuse across projects. Third-party assets remain subject to their own licence terms.

If the parties specifically agree that ownership of particular copyright is to be assigned rather than licensed, that assignment will be documented separately in writing.

SEO, enquiries and commercial results

SitePhoenix Complete includes local SEO foundations such as sensible structure, metadata, internal linking and service/location relevance where appropriate. It does not include a guarantee of any particular search ranking, traffic level, number of enquiries, sales, revenue or return on investment.

Search engines, advertising platforms and customer behaviour are outside SitePhoenix’s control.

Liability

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for fraud or fraudulent misrepresentation, or death or personal injury caused by negligence.

Subject to that, SitePhoenix will not be liable for indirect or consequential loss, loss of anticipated profit, loss of business opportunity or losses caused by third-party services outside SitePhoenix’s reasonable control.

To the extent permitted by law, SitePhoenix’s total aggregate liability arising from a project will not exceed the total fees paid or payable to SitePhoenix for that project.

Late payment

If a business client fails to pay an amount properly due, SitePhoenix reserves its rights under applicable UK late-commercial-payment law, including the right to claim statutory interest and any applicable fixed recovery charge.

SitePhoenix may suspend work, launch or handover while an undisputed overdue amount remains unpaid.

Events outside reasonable control

Neither party is responsible for delay caused by events genuinely outside its reasonable control, including major outages, failure of third-party infrastructure, serious illness, fire, flood or other comparable events. The affected party should notify the other reasonably promptly and both sides should work in good faith to minimise disruption.

Law, disputes and changes to these terms

The parties should first try to resolve any disagreement directly and reasonably. These terms and each SitePhoenix project are governed by Scots law, and the Scottish courts will have jurisdiction.

The terms applying to a project are the version identified in the client’s acceptance email or written scope. SitePhoenix may update these public terms for future projects, but a later website update does not retrospectively change the terms already accepted for an existing project unless both parties agree in writing.