Macintosh Creative — Terms & Conditions

Last updated: 28/08/2026
 

These Terms & Conditions ("Terms") govern the supply of services by Macintosh Creative, a sole trader business operated by Mac Macintosh, trading as Macintosh Creative, of Sawbridgeworth, Hertfordshire, CM21 ("we", "us", "the Business") to any client who engages our services ("you", "the Client").

By signing a Service Agreement, paying an invoice, or instructing us to begin work, you accept these Terms in full.

 

1. Definitions

• "Service Agreement" means the individual contract, quotation, or order confirming the specific services, fees, and payment schedule agreed with you.

• "Website" means the website, and any associated content, code, and design, built and hosted for you under a Service Agreement.

• "Upfront Fee" means the one-off payment due before work begins, as set out in your Service Agreement.

• "Monthly Retainer" means the recurring monthly fee covering hosting, ongoing amends, and the SEO/GEO work described in your Service Agreement.

• "Client Content" means text, images, logos, and other material you supply to us for use on the Website.

• "Business Day" means any day other than a Saturday, Sunday, or UK bank holiday.
   

2. Our Services

2.1 We provide, as agreed in your individual Service Agreement, some or all of the following:

• Design and build of a website using Wix Editor (Developer Mode) or Wix Studio

• Professional photography for use on the Website and your Google Business Profile

• Optimisation of your Google Business Profile

• Search engine and AI/GEO (generative engine) optimisation, including schema markup

• Ongoing monthly amends, hosting, and search visibility work under the Monthly Retainer

2.2 We build sites using genuine, verifiable data. We do not fabricate statistics, reviews, or claims in your copy or listings. Where we cannot verify a figure or fact, we will tell you rather than guess.

2.3 We will keep you informed of progress but do not guarantee delivery by a specific date. Website build timelines and, in particular, SEO results depend on factors outside our control (search engine indexing, competitor activity, algorithm changes). We will be honest with you about realistic timescales at the outset and will not promise results we cannot deliver.
 

3. Your Obligations

3.1 You will provide, in good time, any content, access, or information reasonably requested by us to carry out the work, including:

• Business content (service descriptions, pricing, testimonials, logos)

• Access to relevant accounts (e.g. Google Business Profile, existing domain registrar)

• Timely feedback and sign-off during the build process

3.2 Delays in providing the above will delay the corresponding delivery timescale, and we are not responsible for delays caused by late or incomplete information from you.

3.3 You are responsible for the accuracy of any Client Content you supply, and for ensuring you hold the necessary rights and permissions to use it (including any third-party images, logos, or copy).
 

4. Fees and Payment

4.1 Fees are as set out in your individual Service Agreement and typically comprise an Upfront Fee and an ongoing Monthly Retainer.

4.2 We do not require large upfront payments. The Upfront Fee is kept deliberately low; the majority of the cost is recovered through the Monthly Retainer over time.

4.3 The Upfront Fee is non-refundable once work has commenced, reflecting the time and resource committed to your project (design, photography, and build work).

4.4 The Monthly Retainer is payable in advance and continues until the Service Agreement is terminated in accordance with Clause 9.

4.5 Invoices are payable within 14 days of issue. Late payment may result in suspension of services, including the Website itself, until payment is received (see Clause 8).

4.6 All fees are stated exclusive of VAT unless we are VAT-registered and state otherwise on the invoice.
 

5. Website Ownership

5.1 Macintosh Creative retains ownership of the Website, including its design, code, and build, at all times, both during and after the term of your Service Agreement. This includes the Wix site itself and any custom code or schema markup built into it.

5.2 You are granted a licence to use the Website for your business for as long as your Monthly Retainer remains active and paid.

5.3 Client Content (your text, logos, and images you provided) remains your property. Professional photography taken by us as part of your package is licensed to you for use in connection with your business, unless otherwise agreed in writing.

5.4 If you wish to take ownership of the Website outright — for example, to move it to your own Wix account or another provider — this can be discussed and agreed separately, and may be subject to an additional fee reflecting the work already invested.

5.5 We reserve the right to include a small, unobtrusive credit link to Macintosh Creative in the website footer, which will not be removed without our written agreement.
 

6. Cancellation and Termination

6.1 Either party may terminate the Service Agreement by giving [30] days' written notice.

6.2 If you cancel, the Website will remain live for the remainder of any notice period already paid for, after which it will be taken offline, in line with Clause 5.1.

6.3 We may suspend or take down the Website immediately if the Monthly Retainer falls more than 14 days overdue, after reasonable attempts to contact you.

6.4 We may terminate the Service Agreement immediately if you use the Website for any unlawful purpose (see Clause 7).
 

7. Unlawful Content

You will ensure that any Client Content does not infringe any applicable law, regulation, or third-party right. You will indemnify us against any claim, loss, or expense arising from Client Content that does so.
 

8. Warranties

8.1 We warrant that we will carry out our services with reasonable care and skill.

8.2 We warrant that the Website, once delivered, will operate correctly for 30 days from go-live. If a genuine defect (not a Client-requested change) arises in that period, we will fix it at no additional cost.

8.3 We do not provide legal advice, and we do not warrant that your Website or its content will not give rise to legal liability on your part — that responsibility sits with you in respect of your own business content and claims.

8.4 We do not guarantee specific search rankings, enquiry volumes, or AI/voice search citations. We will always report honestly on what is and isn't working.
 

9. Limitation of Liability

9.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or anything else that cannot lawfully be limited or excluded.

9.2 Subject to Clause 9.1, our total liability to you arising from these Terms or your Service Agreement will not exceed the total amount you have paid to us in the three months immediately preceding the claim.

9.3 We are not liable for loss of profits, loss of business, or loss of anticipated savings arising from the use, or inability to use, the Website.

9.4 We are not liable for delays or failures caused by events outside our reasonable control, including third-party platform outages (e.g. Wix, Google), internet failures, or changes to search engine algorithms.
 

10. Data Protection

10.1 Where we process personal data on your behalf (for example, enquiry form submissions from your Website), we will do so only on your instructions and will hold it securely.

10.2 You are responsible for ensuring your own use of any customer data collected via the Website complies with UK GDPR and the Data Protection Act 2018.
 

11. Confidentiality

Each party will keep confidential any information reasonably understood to be confidential (such as pricing, business strategy, or login credentials) and will not disclose it to third parties, except as required by law.
 

12. General

12.1 Governing law. These Terms are governed by the laws of England and Wales, and any dispute will be subject to the exclusive jurisdiction of the courts of England and Wales.

12.2 Assignment. We may subcontract elements of the work (for example, specialist photography editing) but remain responsible for delivery. You may not assign your Service Agreement to another party without our written consent.

12.3 Entire agreement. These Terms, together with your Service Agreement, constitute the entire agreement between us and supersede any prior discussions or representations.

12.4 Severability. If any clause is found unenforceable, the remainder of these Terms will continue to apply.

12.5 Changes to these Terms. We may update these Terms from time to time; the version in force is the one published on our website at macintoshcreative.co.uk at the time of your Service Agreement.
 

Contact

Macintosh Creative, Parkview, High Wych Lane, Sawbridgeworth, Hertfordshire, CM21 0JJ
mac@macintoshcreative.co.uk
07720 524015