TERMS AND CONDITIONS

1. Introduction

These Terms and Conditions govern the relationship between Mark Petty trading as Ranch Studios ("Service Provider," "we," "us," or "our") and clients ("Client," "you," or "your") who engage our services.

2. Services

2.1 Service Description

We provide web design and development services for brochure-style websites. Services may include website design, development, limited hosting services, and implementation of client-provided content.

2.2 Scope Limitations

Unless explicitly stated by us, our services do not include:

• Content creation
• Ongoing website maintenance
• Search engine optimisation
• Digital marketing
• Personal data processing beyond basic website functionality

3. Data Protection

3.1 Data Processing Role

When providing our services, we typically act in a limited capacity regarding personal data. Our exact role is defined in our Data Processing Addendum (available at https://ranchstudios.co.uk/a.html), which forms part of these Terms.

3.2 Client Responsibilities

Clients remain the data controller for all personal data collected through their website and are responsible for:

• Ensuring lawful collection and processing of personal data
• Providing appropriate privacy notices
• Securing appropriate consent where required
• Compliance with applicable data protection laws

3.3 Third-Party Services

We may implement third-party forms or tools at your request. You are responsible for reviewing and accepting the terms and privacy policies of these third-party services.

3.4 Data Processing Addendum

• All client projects require acceptance of our Data Processing Addendum before work begins
• This addendum clarifies our respective data protection responsibilities
• The Data Processing Addendum will be provided separately and requires explicit acceptance
• No work will commence until the Data Processing Addendum has been accepted

4. Payment Terms

4.1 Fees and Payment

• Our fees are as stated in project proposals or invoices
• Payment is required before work begins unless otherwise agreed
• Payment constitutes acceptance of these Terms and any referenced Data Processing Addendum

4.2 Late Payment

Overdue payments may result in:

• Work being suspended
• Retention of rights to withhold deliverables

5. Intellectual Property

5.1 Client Content

You retain all rights to content you already own that you provide for your website, including text, images, logos, and trademarks. By providing any content to us, you confirm that you own or have properly licensed all necessary rights to use such content and authorise us to incorporate it into your website.

5.2 Website Design

Upon full payment, you receive a license to use the website design we create. We retain the right to:

• Display the website in our portfolio
• Use non-confidential aspects in promotional materials
• Reuse coding elements

5.3 Third-Party Elements

Websites may include third-party elements (themes, plugins, images) that are incorporated under various licenses (such as MIT, GPL, or commercial licenses). These elements are not specifically licensed to you but are implemented under licenses that permit their use in your website. All third-party elements remain subject to their original license terms, and no ownership or specific license grant is transferred to you beyond the right to use them as part of your completed website.

6. Project Process

6.1 Timeline

Project timelines are estimates only and dependent on prompt client feedback. Significant delays in client communication may affect project completion dates.

6.2 Approval and Completion

• Final approval must be provided in writing (email confirmation is acceptable)
• The project is deemed complete upon any of the following events, whichever occurs first: your written approval, your use of the website in a live environment, website launch, failure to provide feedback within 7 business days of receiving deliverables, or payment of the final invoice

7. Limitation of Liability

7.1 Service Warranty

We warrant that services will be performed with reasonable skill and care appropriate to the nature of the services. This limited warranty is exclusive and in lieu of all other warranties. To the fullest extent permitted by law, we exclude all other warranties, guarantees, or representations, whether express, implied or statutory, including but not limited to warranties of satisfactory quality or fitness for a particular purpose.

7.2 Liability Cap

Our total liability shall not exceed the total amount paid for the specific task giving rise to the claim.

7.3 Exclusions

We are not liable for:

• Third-party service interruptions
• Content accuracy
• Loss of profits or data
• Consequential or indirect damages
• Client's failure to comply with data protection laws
• Client's failure to comply with any applicable laws, regulations, or industry requirements
• Client's failure to implement recommended security measures
• Client's failure to maintain appropriate licenses for third-party content or services
• Issues arising from client-directed modifications to the website
• Claims related to content provided or approved by the client

8. Termination

8.1 Termination Rights

Either party may terminate if:

• The other party breaches these Terms and fails to remedy within 14 days
• By mutual agreement in writing

8.2 Payment on Termination

Upon termination, you must pay for all work completed up to the termination date.

8.3 Data on Termination

Upon termination:

• If the project was completed and paid for in full, we will provide you with a copy of the completed website in a commonly used format
• We will delete any personal data processed on your behalf in accordance with UK GDPR requirements, unless legally required to retain it

9. General Provisions

9.1 Governing Law

These Terms are governed by the laws of England and Wales.

9.2 Dispute Resolution

Any disputes shall be resolved through good faith negotiation first, then through the courts of England and Wales.

9.3 Force Majeure

Neither party is liable for failure to perform due to events beyond reasonable control.

9.4 Entire Agreement

These Terms, together with any project proposal and Data Processing Addendum, constitute the entire agreement between us.

9.5 Contact Information

Ranch Studios
info@ranchstudios.co.uk

Last updated: 20.05.2025