459Design Terms and Conditions

Last updated: 2025

These Terms and Conditions apply to the use of the 459Design website and to the purchase of any products or services supplied by 459Design.

By using this website, requesting a quotation, placing an order, accepting a quotation, making payment, or instructing 459Design to provide goods or services, you agree to be bound by these Terms and Conditions.

Where a quotation, proposal, order form or separate written agreement contains specific terms relating to a particular project or service, those terms will apply in addition to these Terms and Conditions. In the event of a conflict, the specific written agreement will take precedence over these Terms and Conditions.

The terms “459Design”, “459Design Company”, “we”, “us” and “our” refer to 459Design, the owner and operator of this website and its related domains and sub-domains.

The terms “Client”, “customer”, “you” and “your” refer to the person, business or organisation purchasing or receiving our goods or services.

1. Website Use

The content of this website is provided for general information and may be changed without notice.

We make reasonable efforts to ensure that information published on this website is accurate and current. However, we do not guarantee that the information is complete, accurate, current or suitable for any particular purpose.

Your use of information obtained from this website is at your own risk. You are responsible for determining whether any product or service meets your requirements.

459Design will not be liable for inaccuracies, omissions or errors in website content except where liability cannot legally be excluded.

This website may contain links to third-party websites. Such links are provided for convenience only and do not constitute an endorsement. 459Design has no control over third-party websites and accepts no responsibility for their content, availability, security or privacy practices.

You must not create a link to the 459Design website from another website, document or other medium without our prior written consent.

2. Intellectual Property and Website Content

Unless otherwise stated, the design, layout, graphics, text, photographs, logos, illustrations, code, software, documents and other material appearing on the 459Design website are owned by or licensed to 459Design.

You must not reproduce, copy, modify, distribute, publish or commercially exploit our website content without our prior written permission.

Unauthorised use of intellectual property may result in legal action where appropriate.

All third-party trademarks remain the property of their respective owners.

3. Privacy and Personal Information

459Design will process personal information in accordance with applicable UK data protection legislation and our Privacy Policy.

We will take reasonable steps to protect personal information supplied to us and will only use it for legitimate business purposes, including providing services, administering accounts, communicating with clients and processing orders.

We do not sell or rent customer personal information to third parties.

Where necessary to provide a service, information may be shared with appropriate suppliers, hosting providers, domain registrars, software providers, payment providers or subcontractors.

You may request that we stop sending non-essential marketing communications at any time.

4. Definitions

For these Terms:

“Client” means the person, company or organisation purchasing or receiving services from 459Design.

“Services” means any services provided by 459Design, including but not limited to website design, development, hosting, maintenance, SEO, website management, graphic design, logo design, email services, domain services, social media services, digital marketing and technical support.

“Works” means all design work, concepts, artwork, graphics, layouts, code, websites, documents, files, images, ideas and other materials created or supplied by 459Design.

“Third-Party Services” means products or services supplied by another company but purchased, arranged or managed by 459Design on behalf of the Client.

5. Acceptance of Orders and Quotations

459Design may provide the Client with a written quotation, estimate or proposal.

A quotation is valid for the period stated on the quotation. If no period is stated, 459Design may withdraw or amend the quotation at any time before acceptance.

A quotation may be accepted by:

signing and returning the quotation;
confirming acceptance by email;
placing an official order;
paying a deposit or other requested payment; or
instructing 459Design to commence work.

Any of these actions constitutes acceptance of these Terms and Conditions.

459Design is not required to commence work until the required acceptance and initial payment have been received.

Any terms supplied by the Client will not apply unless expressly accepted in writing by 459Design.

Where a person places an order on behalf of a company or organisation, that person confirms that they have authority to do so.

6. Deposits and Initial Payments

Unless otherwise stated in writing:

a 50% deposit is payable when a project quotation is accepted;
projects or packages valued at less than £100 may require payment in full before work commences; and
work may be paused until the required payment has been received and cleared.

Deposits are non-refundable where work has commenced, except where otherwise required by law.

The deposit may be used to cover work already undertaken, administration, project preparation, third-party costs and other costs incurred by 459Design.

7. Design Charges and Additional Work

Charges for design services will normally be stated in the quotation or proposal.

Any work requested by the Client outside the agreed quotation or package may be charged separately.

Additional work may include:

additional pages;
additional revisions;
additional design concepts;
additional functionality;
additional content;
image sourcing or editing;
additional SEO work;
additional website development;
additional meetings or consultation;
additional technical work; and
work exceeding an agreed management or support allowance.

Unless otherwise agreed:

Management package work: £40 per hour.

Non-management work: £60 per hour.

459Design may provide a quotation for additional work where appropriate. Where the Client specifically requests additional work and 459Design commences that work, the Client will be responsible for the applicable charges.

8. Third-Party Products and Services

459Design may use or recommend third-party products and services including, but not limited to:

hosting providers;
domain registrars;
email providers;
Google services;
Microsoft services;
software providers;
plugins;
themes;
payment providers;
stock image libraries;
printing companies; and
other suppliers.

459Design is not responsible for failures, price changes, service interruptions, security incidents, changes to terms, loss of service or other issues caused by third-party providers, except where liability cannot legally be excluded.

Third-party charges remain payable by the Client.

Where a third-party service requires renewal or payment, 459Design may require payment from the Client before arranging the renewal.

9. Packages and Exclusions

Package services are limited to the services and allowances specifically stated in the applicable package.

If the Client does not require an element included within a package, this does not automatically reduce the package price.

Additional pages, functionality, content, images, development, support or other work outside the package may incur additional charges.

Domain extensions included within packages may be restricted to those specified by 459Design.

459Design reserves the right to refuse a domain registration or service where we consider the domain, use or requested service unsuitable.

10. Client Delays and Unresponsiveness

The Client is responsible for providing content, information, approvals, access details and other materials required to complete a project.

459Design is not responsible for delays caused by the Client, including delays in:

providing content;
providing images;
providing login details;
providing approvals;
responding to questions;
approving designs; or
providing required information.

If a Client becomes unresponsive or a project is substantially delayed, 459Design may:

pause the project;
request payment for work completed;
charge reasonable administration costs;
require outstanding balances to be paid before work resumes; or
treat the project as completed or terminated where appropriate.

Additional work required as a result of a long project delay may be charged at the applicable hourly rate.

11. Payment

Invoices must be paid by the date stated on the invoice.

Unless otherwise agreed in writing, invoices are payable within 14 days.

For projects requiring final payment, the outstanding balance must be paid before final publication, launch, transfer or release of the completed work.

459Design is not required to publish, launch, transfer or release completed work until cleared funds have been received.

Where payment is overdue, 459Design may exercise the suspension rights contained in Section 12 of these Terms.

12. Late Payment

If an invoice is not paid by its due date, the account will be considered overdue.

For qualifying business-to-business transactions, 459Design reserves the right to claim statutory interest and compensation under applicable UK late-payment legislation.

Where permitted by law, 459Design may also recover reasonable costs incurred in recovering overdue debts, including reasonable administrative, legal and debt-recovery costs.

459Design may refer overdue accounts to a debt-recovery service or pursue recovery through the courts where appropriate.

Any payment received may first be applied against recovery costs, interest and other amounts due before being applied to the underlying invoice, where legally permitted.

13. Suspension of Services for Non-Payment

If any invoice or other amount owed to 459Design remains unpaid after its due date, 459Design reserves the right to suspend some or all Services provided to the Client.

This right applies to all Services supplied by 459Design, including but not limited to:

website design and development;
website updates;
website maintenance;
website hosting;
website management;
domain services;
DNS services;
SSL services;
website backups;
website security and updates;
email and business email services;
technical support;
SEO services;
social media services;
digital marketing services;
software and licence services;
subscriptions managed by 459Design; and
any other service supplied by 459Design.

459Design may suspend Services until all overdue amounts have been paid in full.

Unless immediate suspension is reasonably necessary to protect our systems, services, intellectual property or third-party accounts, 459Design will normally provide 7 days’ written notice of intended suspension.

The Client remains responsible for all amounts due during a suspension unless otherwise agreed in writing.

Suspension of Services does not cancel the Client’s obligation to pay outstanding invoices.

14. Website, Hosting and Email Suspension

Where 459Design provides or manages hosting, email, domain or other online services, failure to pay an overdue invoice may result in those services being suspended.

Suspension may include:

disabling website access;
restricting website functionality;
suspending hosting;
suspending email services;
restricting technical support;
suspending website updates;
suspending backups or maintenance;
restricting access to managed services; and
disconnecting other services supplied or managed by 459Design.

459Design will take reasonable steps to notify the Client before suspension where practicable.

459Design will not be responsible for losses caused by a lawful suspension resulting from non-payment.

15. Restoration of Suspended Services

Services suspended because of non-payment will normally only be restored once all overdue amounts have been paid in full.

This may include:

outstanding invoices;
applicable statutory interest;
recovery costs;
third-party charges; and
reasonable reinstatement or reconfiguration costs.

459Design may require payment to have cleared before restoring Services.

459Design may also require future services to be paid for in advance where a Client has previously failed to make payments when due.

16. Termination for Non-Payment

If an account remains unpaid after Services have been suspended, or where the Client repeatedly fails to pay invoices when due, 459Design may terminate some or all Services in accordance with these Terms and any applicable contract.

Termination will not remove the Client’s obligation to pay amounts already owed.

459Design reserves the right to pursue outstanding amounts, interest, recovery costs and other sums legally recoverable.

Where Services are terminated, the Client may be required to arrange alternative hosting, email, domain or other services.

17. Domains

Where 459Design registers or manages a domain on behalf of the Client, the Client remains responsible for applicable renewal charges.

Renewal payments must be received before the relevant renewal deadline.

Failure to pay renewal charges may result in non-renewal, suspension or loss of the domain.

459Design cannot guarantee that a domain can be recovered after expiry or cancellation.

Where the Client requests a domain transfer, any applicable third-party or administrative charges will be payable by the Client.

18. Hosting

Hosting services are subject to the terms and technical limitations of the hosting provider.

459Design reserves the right to suspend hosting where:

invoices remain unpaid;
the website is being used for illegal activity;
the website presents a security risk;
the website places unreasonable demands on shared hosting resources;
the Client breaches the hosting provider’s terms;
the Client uploads prohibited content; or
suspension is otherwise reasonably necessary to protect 459Design, its suppliers, systems or other customers.

459Design does not guarantee uninterrupted hosting availability.

459Design will not knowingly host material that is illegal, fraudulent, abusive, obscene or otherwise prohibited by applicable law or the hosting provider.

459Design may require a Client to move to alternative hosting where their requirements cannot reasonably be supported within a shared hosting environment.

459Design does not provide bespoke server configuration or client-specific coding within shared hosting environments where this is incompatible with the hosting service.

19. Renewals and Recurring Services

Where a Client has an ongoing hosting, management, maintenance, SEO, email or other recurring service, the applicable renewal or recurring charge remains payable in accordance with the agreed billing terms.

If payment is not received by the relevant due date, 459Design may suspend the applicable service in accordance with these Terms.

Where a Client wishes to leave 459Design, they should provide reasonable notice and allow sufficient time for domains, websites, email accounts and other services to be transferred.

Work required outside the agreed service or contract to assist with a transfer may be charged at the applicable hourly rate.

Unless otherwise agreed, transfer or migration work may require an initial payment before work commences.

20. Website Design

Where applicable, 459Design may require approval of a design or template before development begins.

Once a design has been approved, changes to the structure, navigation, colours, layout or functionality may incur additional charges.

Upon completion, the Client will be given an opportunity to review the website.

Unless otherwise agreed, minor amendments should be provided within 5 days of the review period beginning.

If no reasonable changes are requested within that period, 459Design may treat the design as approved.

Significant changes or redesign work may be charged separately.

21. Project Completion

A project may be considered complete when:

the agreed work has been completed;
the Client has approved the work;
the Client has confirmed approval by email;
the Client has published or begun using the work; or
the Client has failed to provide reasonable feedback within the agreed review period.

Additional services such as printing, hosting, uploading, publishing, SEO, maintenance or third-party services may be treated as separate services and charged accordingly.

22. Client Materials, Copyright and Trademarks

The Client confirms that they have the necessary rights, permissions and licences for any text, images, logos, photographs, video, audio, documents or other materials supplied to 459Design.

The Client is responsible for ensuring that materials supplied by them do not infringe copyright, trademark, privacy or other rights.

The Client agrees to indemnify 459Design against reasonable claims, losses and costs arising from materials supplied by the Client where the Client did not have the necessary rights or permissions.

Where appropriate, 459Design may grant the Client a licence to use completed work for the purpose for which it was created.

Payment of an invoice does not automatically transfer ownership of 459Design’s underlying intellectual property, source files, reusable code, design systems, templates, tools or other proprietary materials unless expressly agreed in writing.

23. Alterations and Client Changes

459Design is not responsible for problems caused by alterations made to a website, design, code or other work by the Client or another third party.

Where third-party changes require 459Design to investigate, repair or restore a website or other service, the work may be charged at the applicable hourly rate.

24. Access and Client Cooperation

The Client agrees to provide reasonable access to systems, accounts, websites, hosting environments and other information required to provide the Services.

The Client must provide information and access details in a timely manner.

459Design will take reasonable steps to protect login credentials and access information supplied to us.

The Client must not knowingly prevent 459Design from accessing systems necessary to provide contracted Services.

25. Project Timescales

Any project completion date or timescale supplied by 459Design is an estimate unless expressly agreed in writing as a fixed deadline.

459Design will not be responsible for delays caused by:

the Client;
third-party suppliers;
hosting providers;
domain registrars;
software providers;
payment providers;
technical problems outside our reasonable control;
changes requested by the Client; or
events beyond our reasonable control.

Project timescales normally begin once required payments, content, approvals and information have been received.

26. Design Credits and Portfolio Use

Unless otherwise agreed in writing, 459Design may display a reasonable design credit on websites or other work created by us.

459Design may also display completed work in its portfolio, website, social media, marketing materials and promotional material.

459Design will not knowingly disclose confidential information belonging to the Client when doing so.

27. Reviews and Testimonials

459Design may use genuine reviews and testimonials provided by Clients for marketing and promotional purposes, subject to applicable law.

459Design will not knowingly alter a Client’s review in a way that materially changes its meaning.

28. Right to Refuse Work

459Design reserves the right to refuse or remove content that we reasonably believe is illegal, fraudulent, defamatory, abusive, discriminatory, obscene, offensive or otherwise inappropriate.

Where content supplied by the Client creates a legal, security or reputational risk, 459Design may require the content to be removed or replaced.

459Design will not knowingly publish material that breaches applicable law.

29. Cancellation by the Client

The Client may request cancellation by email or other written communication.

Where a project is cancelled after work has commenced, the Client remains responsible for:

work already completed;
committed third-party costs;
purchased licences;
domain charges;
hosting charges;
materials purchased;
subcontractor costs; and
any applicable cancellation or administration charge agreed in the quotation.

Where applicable, a £100 cancellation/administration charge may apply.

For contracted projects, the Client may be required to pay for all work completed up to the date of cancellation.

30. Cancellation and End of Ongoing Services

Unless otherwise agreed in writing, ongoing services may be cancelled in accordance with the cancellation period stated in the relevant quotation, package or agreement.

Where no specific notice period has been agreed, reasonable notice should be provided.

The Client should provide sufficient notice to allow domains, websites, email services and other systems to be transferred where required.

459Design will not be responsible for loss caused by the Client failing to make suitable arrangements for the transfer or continuation of services.

31. Suspension and Termination for Other Reasons

459Design may suspend or terminate Services where reasonably necessary due to:

non-payment;
serious breach of these Terms;
illegal activity;
misuse of our systems;
security threats;
abuse or harassment of staff or contractors;
fraudulent activity;
repeated failure to cooperate; or
circumstances where continuing to provide the Service would create a material legal, financial, technical or security risk.

Where appropriate, 459Design will provide notice and an opportunity to remedy the issue.

32. Disclaimer

459Design will provide Services with reasonable care and skill.

However, except where liability cannot legally be excluded, 459Design does not guarantee:

uninterrupted website availability;
uninterrupted hosting;
uninterrupted email services;
search engine rankings;
specific SEO results;
specific sales or business results;
third-party service availability;
compatibility with every device, browser or software platform; or
that a website or service will be completely free from errors or security vulnerabilities.

459Design may use subcontractors, agents and third-party suppliers where reasonably required to provide the Services.

33. Limitation of Liability

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 legally be excluded or limited.

Subject to the above, 459Design will not be liable for indirect or consequential losses, loss of profits, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill or loss of opportunity arising from the Services, except where such liability cannot legally be excluded.

Subject to applicable law, 459Design’s total liability arising from a particular project or service will not exceed the total amount paid by the Client to 459Design for that particular project or service during the 12 months preceding the event giving rise to the claim.

Nothing in this clause affects the Client’s obligation to pay amounts properly due to 459Design.

34. Data Loss and Backups

459Design may provide backups as part of certain hosting or management packages.

Unless expressly agreed otherwise, the Client remains responsible for maintaining appropriate copies of important data and content.

459Design will take reasonable steps to maintain any backups included within a service but cannot guarantee that every backup will be complete or recoverable.

459Design will not be responsible for data loss caused by circumstances outside our reasonable control, except where liability cannot legally be excluded.

35. Force Majeure

459Design will not be responsible for failure or delay in providing Services where the failure or delay results from circumstances beyond our reasonable control.

This may include:

power failures;
internet failures;
cyber attacks;
hosting failures;
supplier failures;
strikes;
natural disasters;
government action;
war;
civil unrest;
pandemics;
software failures; or
other events beyond our reasonable control.

36. Debt Recovery

If an invoice remains unpaid, 459Design may take reasonable steps to recover the debt.

This may include:

payment reminders;
formal demands;
debt-recovery agencies;
legal proceedings;
claims through the appropriate court; and
other lawful recovery methods.

459Design reserves the right to recover statutory interest, compensation and reasonable recovery costs where permitted by law.

37. Changes to Services and Prices

459Design reserves the right to change prices for future Services.

Existing quotations will normally remain valid for the period stated on the quotation.

Recurring services may be subject to price changes where reasonable notice is provided.

Changes to these Terms will not automatically alter a contract that has already been completed or materially performed unless the Client agrees to the revised Terms or the change is otherwise permitted by the existing agreement or applicable law.

38. General

These Terms and Conditions, together with any applicable quotation, proposal or written agreement, form the agreement between 459Design and the Client.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

Failure by 459Design to enforce a provision of these Terms does not constitute a waiver of our right to enforce that provision later.

The Client may not transfer or assign its rights or obligations under an agreement with 459Design without our written consent.

459Design may use subcontractors, suppliers and service providers where reasonably necessary to provide the Services.

39. Governing Law and Jurisdiction

These Terms and any contract between 459Design and the Client are governed by the laws of England and Wales, unless otherwise agreed in writing or required by applicable law.

The courts of England and Wales will have jurisdiction over disputes, subject to any mandatory legal rights applicable to the Client.

40. Acceptance of These Terms

By accepting a quotation, placing an order, making a payment, instructing 459Design to commence work, or continuing to use an ongoing Service after receiving these Terms, the Client confirms that they have had an opportunity to read and accept these Terms and Conditions.

Where a separate quotation, proposal or contract is provided, acceptance of that document will also constitute acceptance of these Terms unless otherwise expressly agreed in writing.

459Design reserves the right to update these Terms for future orders and Services.

459Design

Website: www.459design.co.uk

Email: info@459design.co.uk

These Terms and Conditions should be read together with the 459Design Privacy Policy and any applicable quotation, proposal, package description or service agreement.