Terms of Service

This website is operated by Whitwell Media, 2 Whitwell Villas, Langley Moor, Durham, DH7 8PE. You can contact us at ja@whitwellmedia.com or 07884 251622.

Using the website means you agree to the website-use sections of these terms. Browsing the site or sending an enquiry does not itself create a contract for paid services.

You may use the site for lawful purposes and to learn about or enquire about our services. You must not attempt to gain unauthorised access, introduce malicious code, interfere with the site, scrape it in a way that harms its operation, or use its content unlawfully.

We may change, suspend or withdraw any part of the site. We aim to keep it available and accurate, but do not promise uninterrupted access or that general website content will always be complete, current or suitable for your particular circumstances.

Website descriptions and discussions are invitations to enquire, not binding offers. A services contract is formed only when both parties accept a written proposal, statement of work, order form or other written agreement.

That project agreement will set out the scope, deliverables, timetable, fees, payment schedule and any service-specific assumptions. If it conflicts with these terms, the project agreement takes priority.

We will provide the agreed services with reasonable care and skill. Timings are estimates unless the project agreement expressly makes a deadline binding. Dates may move where feedback, access, content, approvals or payments are delayed.

Search rankings, traffic, leads, revenue, advertising results and third-party platform decisions depend on factors outside our control. We do not guarantee a particular ranking or commercial result, but we will perform the agreed work with reasonable care and skill.

You agree to provide accurate information, timely feedback, required access and materials you are entitled to use. You remain responsible for approving deliverables, factual claims, legal or regulatory wording, and the way completed work is used in your business.

You must not send passwords or payment-card details through public enquiry forms. Where credentials are required for a project, we will agree a more appropriate method.

Fees, deposits, recurring charges, expenses, taxes and payment dates are those in the project agreement. Unless that agreement says otherwise, invoices are due within 14 days. We may pause work on reasonable notice while an overdue undisputed amount remains unpaid.

Work outside the agreed scope requires written approval and may affect the fee and timetable. Where possible, we will explain the effect before carrying out additional chargeable work.

Either party may end services as set out in the project agreement. If no termination provision is stated, either party may end ongoing services on 30 days’ written notice. Either party may end immediately for a serious breach that is not remedied within a reasonable written cure period, insolvency, illegality or material misuse.

On termination, you must pay for work properly completed and approved non-cancellable costs incurred up to the end date. We will provide completed paid-for deliverables and reasonable handover material, subject to third-party licence terms.

If you contract as a consumer, any statutory cancellation or other consumer rights that apply are not restricted by these terms.

Each party keeps ownership of material it owned before the project. You give us permission to use materials you supply as needed to perform the services and confirm you have the necessary rights to do so.

Ownership or licence rights in new deliverables will be set out in the project agreement. Unless it says otherwise, after full payment you receive ownership of bespoke final deliverables created specifically for you, excluding our pre-existing tools, methods, know-how, reusable code and third-party materials. We grant you a continuing licence to any embedded pre-existing material needed to use the final deliverables for their intended purpose.

Open-source software, fonts, stock assets, plugins and platform services remain subject to their own licences. Drafts, rejected concepts and working files are not transferred unless expressly agreed.

Each party will use reasonable care to protect confidential information received from the other and use it only for the project or as the law requires.

Once work is publicly launched, we may identify you as a client and display public-facing deliverables in our portfolio unless the project agreement says otherwise or you ask us in writing not to do so.

Projects may use hosting, domains, content-management systems, plugins, analytics, advertising or other third-party services. Their own terms, charges and availability apply. We are not responsible for a third party’s independent acts, service changes or outages, but we remain responsible for services we directly agree to provide.

Nothing in these terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or rights that cannot legally be excluded.

For business clients only, neither party is liable for indirect or consequential loss, or loss of profit, revenue, anticipated savings, goodwill or data, except where the project agreement states otherwise. Subject to the paragraph above, our total liability arising from a project will not exceed the fees paid or payable for the services giving rise to the claim during the 12 months before the event.

Consumer statutory rights are unaffected. Any limitation is applied only to the extent it is fair and lawful in the circumstances.

Neither party is responsible for delay caused by events outside its reasonable control, provided it takes reasonable steps to reduce the effect. A failure to enforce a term is not a waiver. If a term is unenforceable, the rest remain in effect. Neither party may transfer the agreement without the other’s written consent, except as part of a genuine sale or reorganisation of the business.

The project agreement and incorporated documents form the entire agreement about the services and replace earlier discussions about the same subject, without limiting liability for fraud.

Please contact us first so we can try to resolve a concern promptly. These terms and non-contractual disputes are governed by the law of England and Wales.

If you are a business, the courts of England and Wales have exclusive jurisdiction. If you are a consumer, you may bring proceedings in the courts applicable under your statutory rights, including where you live in the UK.

We may update the website-use terms from time to time. Changes do not retrospectively alter an existing services contract unless both parties agree in writing.