Who we are

The Spark Creative is a trading name of Justirie Limited, company number 14012194, registered in England and Wales. Our registered office address is on our company information page.

“We” and “us” means The Spark Creative. “You” means the business we’re doing the work for. We work with businesses only, not consumers.

When these terms apply

These terms apply once you accept our quote or proposal, or pay a deposit or invoice. The price and what’s included are set out in your quote, proposal or the messages where we agreed them, and those form part of these terms. If the price or what’s included that we’ve agreed with you is different from these terms, what we’ve agreed wins. Estimates and hopes we share along the way, such as timings or results, don’t change these terms.

What we do

We design, build and launch websites, and offer monthly plans such as hosting and search engine optimisation (SEO).

What’s included in your project is what we’ve agreed with you. For a new website, that normally covers the design, writing, build and launch, pointing your old page addresses to the new pages, and submitting your sitemap to Google. Anything outside that is extra, and we’ll agree the price with you before we start it.

Timings

Any timings we give are our best estimate. They depend on you sending us the information, content, photos, logins and feedback we need. If you’re waiting on us, we’ll tell you why. If we’re waiting on you for more than 30 days, we may move your project back in our schedule.

What we need from you

Information that’s accurate and up to date. Photos, logos and text you have the right to use. Access to your domain, current website and Google Business Profile where we need it. Feedback within a reasonable time. And one person who can make decisions.

You confirm you have the right to use everything you send us, such as photos, logos and text, and you’re responsible if someone else claims it’s theirs.

What your website says

It’s your responsibility to make sure the information shown on your website is accurate. That includes guarantees and warranty lengths, accreditations and registrations, prices, finance, opening hours, areas covered and reviews. If something changes, please tell us so we can update it.

Sign off and changes

Once the full design is ready, you can ask for up to 12 changes before launch. A change is one specific edit, such as swapping a photo or rewording a paragraph. Your approval by email, text or WhatsApp counts as sign off.

If we haven’t heard from you within 60 days of sending you the finished design, and we’ve chased you in that time, we’ll treat it as signed off. Extra changes, new pages, or bigger changes after sign off are quoted separately.

Prices and payment

Prices are in pounds. We’re not VAT registered, so we don’t charge VAT. If that changes, we’ll give you at least 30 days’ notice before VAT is added to any monthly fees.

We take payment through Stripe, by card or Direct Debit. Invoices are due within 7 days.

Your price includes the fonts and photos we choose for your site. You pay for your own domain name and email. If we register or renew a domain for you, we’ll agree the yearly cost with you first.

Paying for a new website

New websites are paid in full before we start, unless we’ve agreed to split it into a deposit and a final payment. If it’s split, the final payment is due at sign off, and the site goes live once it’s cleared.

Website payments are non-refundable, as they secure your place in our schedule and cover the planning and design work.

Monthly plans

Monthly plans, such as hosting and SEO, run month to month with no minimum term. They’re paid monthly in advance through Stripe. By signing up, you agree to us collecting each payment automatically on the same date each month.

To cancel a monthly plan, including SEO and hosting, you need to give us 30 days’ notice in writing. Payments continue during the notice period. We may change monthly prices by giving you at least 30 days’ notice.

If a payment is missed

If a payment fails or an invoice isn’t paid, we’ll let you know and give you 14 days to sort it. If it’s still unpaid after that, we may pause work until it’s paid. If it’s unpaid for 30 days, we may take the website offline or stop the service until it’s paid. We’ll always tell you before we do.

Who owns what

Once you’ve paid for your website in full, the design, the words we’ve written for you and the site files are yours. Until then, they stay ours and can’t be used without our permission.

Things from other companies, such as fonts, photos, plugins and software, stay under their own licence terms. Our own tools, templates, processes and know-how stay ours, and you’re free to keep using anything of ours that’s built into your site. We may show your site in our portfolio unless you ask us not to.

Your domain and hosting

Your domain name should be registered in your name, in an account you control. We’ll need access to it to connect your website. If someone else holds it, such as a previous web company, we’ll help you get access, and timings may move while you do. You’re responsible for renewing any domain held in your account.

Before we connect your domain to your new site, we’ll check your email settings so your email keeps working. Your email accounts stay yours to manage.

While you’re on a monthly plan that includes hosting, we host your site. We can’t promise it will never go down, but we’ll fix any problems on our side as quickly as we reasonably can.

If you leave, we’ll send you a copy of your site files once everything you owe has been paid, so you can host it elsewhere. Some licences we hold, such as for fonts or photos, may not transfer, so you may need your own.

Results

We’ll do the work we’ve agreed and report on it honestly. Google, Google Maps, AI search tools and your competitors are outside our control, so we can’t guarantee rankings, positions, traffic, calls, enquiries or sales.

How we use tools and software

We use a range of tools and software including AI tools to help with research, writing and building. A person at The Spark Creative checks everything before it’s used. Your new website won’t go live until you’ve signed it off. On monthly plans, routine updates are part of the agreed work, and we’ll check anything significant with you first.

Data protection

Enquiries that come through your website are yours. When we handle personal data for you, such as form submissions or website analytics, you’re the controller and we’re the processor under UK data protection law.

That means we only use it to provide our service and on your instructions. We keep it confidential and secure, only use trusted providers to run our services (such as our hosting and email providers), help you respond to requests from the people it’s about, tell you without delay if there’s a data breach, and delete or return it when our work for you ends. We never sell it.

This covers the names, contact details and messages people send through your website, and visitor data from your website, for as long as we look after your site. Anyone at The Spark Creative who handles it keeps it confidential. The providers we use have to protect it in the same way, and we’ll let you know before we add or change one so you can raise any concerns. If any of it is stored outside the UK, we make sure the protections UK law requires are in place. If you need it, we’ll give you the information to show we’re following these terms and help with any checks.

We set up and test your forms at launch, but email and online forms can occasionally fail, be delayed or land in spam, so please check your enquiries regularly and tell us straight away if they stop.

Confidentiality

We’ll keep your business information private. Our quotes, proposals, research and presentations are shared with you in confidence and stay ours.

Our liability

We’ll carry out our work with reasonable skill and care. Our total liability to you for anything to do with our work is limited to the amount you’ve paid us in the 12 months before the claim.

We’re not liable for loss of profit, revenue, business or data, or for any indirect loss. We’re not responsible for problems caused by other companies’ services, such as Google, domain or email providers, Stripe, or the companies we use to host your site. Nothing in these terms limits any liability that can’t be limited by law.

Things outside our control

Neither of us is responsible for delays caused by things outside our reasonable control, such as major outages, illness or extreme weather. We’ll keep each other informed and pick things back up as soon as we can.

Ending our work

You can end a project at any time by telling us in writing. Payments you’ve already made aren’t refunded, and you pay for any work we’ve done beyond what you’ve paid. If we need to end a project for a reason that isn’t down to you, we’ll refund any payment for work we haven’t done.

Either of us can end a monthly plan with 30 days’ notice in writing. Either of us can end things straight away if the other seriously breaks these terms and doesn’t put it right within 14 days of being asked.

Changes to these terms

We may update these terms. The version you accepted applies to your current project. For monthly plans, we’ll give you at least 30 days’ notice of any change.

General

These terms, together with what we’ve agreed with you in writing, are the whole agreement between us. If any part can’t be enforced, the rest still applies. These terms are governed by the law of England and Wales, and the courts of England and Wales deal with any dispute.

Questions

Email [email protected] or use the enquiry form.