Terms and Conditions

These terms apply to all services provided by Calaweb (a trading name of Adam Engberg). By engaging Calaweb for any service, you agree to these terms. Nothing in these terms affects your statutory rights under English law.

1. Web Design and Development

1.1 Specification and Sign-off

Before any work begins, Calaweb will prepare a written specification and, where appropriate, a wireframe or visual mock-up. This document describes the agreed scope, features and design direction of your project.

Your written sign-off of the specification forms the basis of the contract between you and Calaweb. Work will not begin until sign-off is received.

1.2 Quotation and Payment

All projects are quoted on a fixed-price basis, derived from the agreed specification. The quote will be confirmed in writing before work begins.

Payment is structured as follows:

• 50% of the quoted price is due before work begins. Work will not commence until this payment is received.
• The remaining 50% is due on completion. By agreeing to the project, you commit to both payments. The second payment is not optional: engaging Calaweb on a project constitutes an agreement to pay the full quoted amount, subject to the terms below.
• The completed website will not be made live, transferred or handed over until the final payment has been received in full.
• The final invoice is payable within 14 days of issue. If payment is not received within this period, Calaweb reserves the right to charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.

1.3 Scope Changes

The fixed quote applies to the specification as signed off. If you request changes to the scope of work during the project, this may affect the price. Where a scope change will result in additional cost, Calaweb will notify you of the likely additional charge before proceeding. You must confirm agreement to any additional cost in writing before that work is carried out. The agreed additional amount will be added to your final payment.

Where scope changes are substantial, Calaweb may require 50% of the additional amount to be paid before the additional work begins.

1.4 Technical Limitations

If Calaweb is unable to deliver a specific feature or element of the project due to unforeseen technical constraints, we will contact you promptly and offer one of the following:

• Delivery of the project without the affected feature, at a reduced price to be agreed and deducted from the final payment.
• Cancellation of the project, with a full refund of all payments made.

Calaweb will not retain any payment if a project is cancelled under this clause.

1.5 Client-Supplied Materials

Where you supply materials for use in your project, including text, images, logos, video or any other content, you confirm that you own or have appropriate rights to use those materials and that their use by Calaweb will not infringe any third-party intellectual property rights. Calaweb accepts no liability for any claim arising from the use of client-supplied materials.

1.6 Project Timelines

Any timelines provided by Calaweb are estimates and are contingent on you supplying required materials, feedback and approvals within reasonable timeframes. Calaweb accepts no liability for delays caused by late supply of content or feedback from the client.

1.7 Ownership of Work

All website assets created by Calaweb, including code, graphics, design and other materials, remain the intellectual property of Calaweb until payment has been received in full. On receipt of full payment, ownership of all assets created specifically for your project transfers to you. Calaweb retains the right to display the project in its portfolio.

1.8 Mock-ups and Proposals

If Calaweb prepares a specification, wireframe, visual mock-up or design proposal and you decide not to proceed with the project, you may not use any part of that work, including the visual design, layout, look and feel, or functionality concepts, to brief or commission a similar website from another party. These materials are created as part of Calaweb's design service and remain Calaweb's intellectual property unless and until a project is completed and paid for in full.

2. Domain Name Registration

Calaweb can register domain names on your behalf using third-party registrars, including but not limited to Nimbus Hosting and Namecheap. Calaweb is not itself a domain registrar.

Domain registration and renewal fees must be paid in advance. These fees are passed on at cost and are non-refundable.

All domain names registered on your behalf are owned by you, not by Calaweb. You may transfer your domain to a different registrar at any time. Calaweb will assist with this transfer on request.

3. Web Hosting

3.1 Service

Calaweb provides web hosting services using third-party infrastructure providers. Two plans are available: Hosted and Hosted Pro. The features and pricing of each plan are as published on the Calaweb website at the time of sign-up.

3.2 Uptime

Calaweb targets 99.9% uptime, measured over any rolling 12-month period. This equates to approximately 8.7 hours of downtime per year.

If Calaweb fails to meet the 99.9% uptime target in any 12-month period, your sole remedy will be a credit of up to one month's hosting fees, applied to your next invoice. This credit is the maximum liability Calaweb accepts in respect of downtime.

3.3 Pricing and Changes

Hosting is billed monthly, in advance. There is no minimum contract term. You may cancel at any time.

If Calaweb makes any change to the features or pricing of a hosting plan, you will be given at least 30 days' written notice before the change takes effect.

3.4 Cancellation

You may cancel your hosting plan at any time. On cancellation:

• Your hosting service will remain active until the end of the period you have already paid for.
• No refund will be issued for any unused portion of a monthly billing period.

Calaweb may cancel your hosting plan with 30 days' written notice, for any reason. No reason need be given. Calaweb may cancel your hosting plan immediately and without notice if you are in breach of these terms, including but not limited to the acceptable use provisions in clause 3.8.

3.5 Non-Payment

If your hosting renewal payment is not received by the due date, you will be given three days to make payment. If payment is not received within this period, your website will be suspended.

Your website will be reinstated on receipt of outstanding payment.

If a website remains suspended for more than three months, Calaweb may permanently delete it from our systems. Where reasonably practicable, Calaweb will provide written notice before deletion and will make a backup available to you on a best-endeavours basis. Due to the nature of some hosting configurations, a complete backup may not always be possible, and any backup provided may not include all data or resources.

3.6 Fair Use

Hosting plans are subject to the following fair use limits:

• Monthly bandwidth: 50GB
• Storage: 10GB

The majority of small websites will not approach these limits under normal use. If your usage consistently exceeds these thresholds and results in additional cost to Calaweb, we will notify you with at least 30 days' notice and agree revised terms before passing on any additional charges.

In cases of abnormal or abusive resource usage, including but not limited to traffic spikes that appear malicious, automated abuse or runaway processes generating exceptional costs, Calaweb reserves the right to suspend your service immediately and without notice as an emergency measure. We will contact you promptly in such cases to discuss reinstatement.

3.7 Custom Resource Plans

Some websites require resources beyond those included in a standard hosting plan, such as AI API tokens, managed database query charges or other third-party service costs. These sites will be hosted under a custom plan at an agreed monthly price.

If a site on a custom plan exceeds the agreed resource usage, the additional costs will be charged on an ad hoc basis on 14-day payment terms.

If resource usage on a custom plan vastly exceeds agreed levels, the website may be suspended until a revised hosting agreement is in place and any outstanding charges are settled.

3.8 Acceptable Use

You may not use Calaweb's hosting services to publish, distribute or facilitate any content or activity that:

• Is sexually explicit or pornographic in nature
• Promotes, incites or glorifies hatred, discrimination or violence against any individual or group on the basis of race, ethnicity, religion, gender, sexual orientation, disability or any other characteristic
• Constitutes harassment, bullying or targeted abuse of any individual
• Is unlawful under English law or the law of the jurisdiction in which it is accessed
• Infringes the intellectual property rights of any third party
• Distributes malware, spyware or other malicious code
• Facilitates spam or unsolicited bulk communications

Calaweb reserves the right to determine, at its sole discretion, whether content or activity breaches this clause, and to act accordingly.

4. Limitation of Liability

Calaweb's total liability to you in connection with any service, whether in contract, tort or otherwise, will not exceed the total amount paid by you to Calaweb for the service in question.

Calaweb will not be liable for any indirect, consequential or economic loss, including but not limited to loss of revenue, loss of business, loss of data or damage to reputation, arising from any failure or deficiency in our services.

Nothing in these terms limits Calaweb's liability for death or personal injury caused by negligence, fraud or any other liability that cannot be excluded by law.

5. Disputes and Governing Law

These terms are governed by the law of England and Wales. Any dispute arising from these terms or from any service provided by Calaweb will be subject to the exclusive jurisdiction of the courts of England and Wales.

If you have a complaint, please contact us in the first instance at hello@calaweb.co.uk. We will aim to respond within five working days.

6. Changes to These Terms

Calaweb may update these terms from time to time. Where a change materially affects your rights or obligations, we will give you at least 30 days' written notice. Continued use of our services after that period constitutes acceptance of the revised terms.

The current version of these terms is always available at calaweb.co.uk.

Calaweb
A trading name of Adam Engberg
Aston Magna, GL56 9QJ, England
hello@calaweb.co.uk