These Website Terms of Use govern your access to and use of the Woodhams Web Design website and its public features.
In these terms, “Woodhams Web Design,” “we,” “us,” and “our” refer to Woodhams Web Design. “You” and “your” refer to any person or organization accessing or using the website.
These website terms do not replace a signed project or service agreement. A separate agreement will control when you hire Woodhams Web Design.
Agreement
Acceptance of these terms
By accessing or using the website, you acknowledge that you have read and understood these terms and agree to comply with them.
If you do not agree with these terms, you should not use the website or its forms, account features, brief workflow, file upload features, or other interactive functions.
Your use of the website is also subject to the Woodhams Web Design Privacy Policy, which explains how information may be collected, used, stored, and shared.
Accepting these terms allows you to use the public website. It does not require you to purchase services and does not require Woodhams Web Design to accept your project.
Public information
Website purpose
The website provides information about Woodhams Web Design, website development services, managed services, project processes, portfolio work, articles, and related topics.
The website may also allow you to:
- Contact Woodhams Web Design.
- Submit a general project inquiry.
- Complete, save, resume, and submit a website brief.
- Upload project materials.
- Review a proposed solution, project scope, optional services, pricing, or payment options.
- Access client account or project features when those features are available.
Website content is provided for general business and informational purposes. It should not be understood as legal, tax, accounting, financial, cybersecurity, or other professional advice outside the specific website development services offered by Woodhams Web Design.
Authority
Eligibility and authority
You must be at least 18 years old and legally capable of entering into an agreement to use website features that require acceptance of terms or submission of business information.
When using the website on behalf of a business, organization, employer, or other person, you represent that you have authority to provide the information submitted and to act on that party’s behalf.
You are responsible for ensuring that the information you submit is accurate and that your use of the website complies with any obligations you owe to another person or organization.
Website conduct
Acceptable use
You may use the website only for lawful purposes and in accordance with these terms.
You may not:
- Use the website in a way that violates applicable law or the rights of another person.
- Submit false, misleading, fraudulent, unlawful, defamatory, threatening, or abusive information.
- Upload malware, malicious code, corrupted files, or content intended to damage, disrupt, monitor, or obtain unauthorized access to a system.
- Attempt to bypass authentication, authorization, security controls, rate limits, or access restrictions.
- Attempt to access accounts, records, administrative areas, databases, files, or website functions that you are not authorized to access.
- Interfere with the operation, availability, performance, or security of the website.
- Use automated tools to scrape, extract, copy, index, test, or interact with the website in a manner that creates an unreasonable burden or violates applicable restrictions.
- Impersonate another person or misrepresent your identity, affiliation, or authority.
- Use website forms to send spam, advertisements, solicitations, or unrelated bulk messages.
- Reverse engineer, decompile, disassemble, or attempt to discover nonpublic source code, except where such a restriction is prohibited by law.
- Copy or use website content to create a confusingly similar service, website, business identity, or commercial product.
Security research or testing must not be conducted against the website without prior written authorization from Woodhams Web Design.
Intellectual property
Ownership of website content
Unless otherwise stated, the website and its original content are owned by or licensed to Woodhams Web Design.
This may include:
- Website copy, articles, guides, and written explanations.
- Branding, names, logos, graphics, icons, and visual elements.
- Page layouts, design systems, component arrangements, and original interface designs.
- Source code, software, scripts, configuration, and technical implementations.
- Project workflows, proposal structures, questionnaires, templates, and other original business materials.
These terms give you a limited, revocable, nonexclusive, nontransferable right to access and use the public website for its intended purpose.
You may not reproduce, publish, distribute, sell, license, modify, create derivative works from, or commercially exploit website content without prior written permission, except where allowed by law.
Portfolio materials
Portfolio images, customer names, trademarks, screenshots, photographs, and other materials may belong to their respective owners. Their display on the website does not transfer ownership or grant permission for further use.
Code examples and articles
Any code examples or educational materials published on the website are provided for general information unless a separate license is clearly displayed.
Customer materials
Information and materials you submit
You retain ownership of the original information, files, images, logos, text, documents, and other materials you submit through the website.
By submitting materials, you grant Woodhams Web Design a limited permission to receive, store, review, reproduce, organize, modify, and use those materials as reasonably necessary to:
- Respond to your inquiry.
- Evaluate your requested project.
- Prepare recommendations, estimates, solution designs, or proposals.
- Communicate with you about the project.
- Provide requested services under a separate agreement.
- Operate, secure, and maintain the website and submission systems.
This permission does not transfer ownership of your materials to Woodhams Web Design.
Your responsibility for submitted materials
You represent that you own the materials you submit or have sufficient permission to provide and use them for the requested project.
You must not submit materials that:
- Infringe another person’s copyright, trademark, privacy, publicity, confidentiality, or other rights.
- Contain confidential information that you are not authorized to disclose.
- Contain malware or harmful code.
- Are unlawful, fraudulent, defamatory, threatening, or intentionally misleading.
- Contain unnecessary highly sensitive personal information.
Do not submit passwords, payment card numbers, bank credentials, government identification numbers, medical records, or similar sensitive information unless a secure process specifically requests it.
Project planning
Briefs, estimates, and proposals
Completing or submitting a website brief helps Woodhams Web Design understand your goals and evaluate a potential project. A brief does not guarantee that the project will be accepted.
A website brief, preliminary recommendation, pricing illustration, payment calculator, estimate, proposal preview, or other planning material does not create a binding obligation unless it is expressly incorporated into a separate agreement accepted by both parties.
Preliminary information
Preliminary project information may change after further review, discovery, technical investigation, content review, third party pricing confirmation, or clarification of the requested scope.
Estimates
An estimate is an informed projection based on the information available at the time it is prepared. It is not a guaranteed final price unless the applicable proposal or agreement clearly states that the price is fixed.
Optional services
Optional features, services, integrations, subscriptions, or recurring items are not included unless they are selected and incorporated into the applicable agreement.
Third party pricing
Prices for hosting, domain names, software, platforms, payment processing, messaging, email, licenses, integrations, and other third party services may change independently of Woodhams Web Design.
Proposal availability
A proposal may include an expiration date. If no expiration date is provided, Woodhams Web Design may revise or withdraw the proposal before it is accepted through the required process.
A client relationship begins only after both parties accept the applicable project or service agreement and any required starting conditions are completed.
Separate agreements
Client services
Website development, application development, design, hosting, maintenance, managed services, support, and other paid services are governed by a separate written agreement.
That agreement may address:
- Project scope and deliverables.
- Responsibilities of each party.
- Pricing, deposits, payment schedules, and recurring charges.
- Project timelines and dependencies.
- Revision and approval processes.
- Change requests and additional work.
- Content, licenses, and third party services.
- Ownership of custom work and reusable development materials.
- Hosting, maintenance, support, and service availability.
- Cancellation, suspension, termination, and refunds.
If these website terms conflict with a signed agreement covering paid services, the signed agreement controls for those services.
Project results
Unless expressly promised in a signed agreement, Woodhams Web Design does not guarantee specific sales, revenue, leads, traffic, search rankings, conversion rates, business growth, platform approval, or other commercial results.
Website performance depends on many factors outside Woodhams Web Design’s control, including the customer’s content, market, products, pricing, reputation, advertising, operations, competition, and third party platforms.
External providers
Third party services and links
The website may contain links to or integrations with services operated by other organizations.
These may include:
- Hosting and infrastructure providers.
- Authentication, database, and file storage providers.
- Analytics and security services.
- Email and communication providers.
- Social media platforms.
- Customer websites and portfolio examples.
- External articles, tools, services, and reference materials.
Third party websites and services have their own terms, privacy practices, security controls, pricing, and availability. Woodhams Web Design does not control and is not responsible for their independent actions or content.
A link or integration does not necessarily represent an endorsement, partnership, warranty, or guarantee.
Website availability
Disclaimers
The website and its public content are provided on an “as available” basis.
Woodhams Web Design works to provide useful, accurate, and reliable information but does not promise that:
- The website will always be available, uninterrupted, secure, or free of errors.
- Every page, feature, link, file, article, or description will always be complete or current.
- Website content will be suitable for every business, project, or situation.
- Errors or unavailable features will always be corrected immediately.
- The website will be free from every harmful component introduced by third parties or events outside reasonable control.
Public website content does not amend a signed agreement or expand a specific project scope unless the agreement expressly incorporates that content.
Nothing in these terms excludes a warranty, right, remedy, or responsibility that cannot lawfully be excluded or limited.
Responsibility
Limitation of liability
To the fullest extent permitted by applicable law, Woodhams Web Design will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of, inability to use, or reliance on the public website.
This includes, where legally permitted, losses involving:
- Lost profits, revenue, sales, business opportunities, or anticipated savings.
- Lost or corrupted data.
- Business interruption.
- Reputation or goodwill.
- Decisions made based on public website content.
- Third party websites, platforms, services, content, or conduct.
To the fullest extent permitted by law, Woodhams Web Design’s total liability arising solely from your use of the public website will not exceed the greater of the amount you paid specifically to access the public website during the six months before the event giving rise to the claim or one hundred United States dollars.
This limitation does not replace or modify any different liability terms contained in a signed client agreement.
Some jurisdictions do not permit certain exclusions or limitations. In those jurisdictions, these limitations apply only to the extent permitted by law.
Misuse and claims
Indemnification
To the extent permitted by law, you agree to be responsible for claims, damages, losses, liabilities, and reasonable costs arising from:
- Your unlawful or unauthorized use of the website.
- Your material violation of these terms.
- Materials you submit that infringe another person’s rights.
- Your attempt to damage, disrupt, or obtain unauthorized access to the website or its systems.
- Your intentional fraud, impersonation, or misrepresentation.
Woodhams Web Design will provide reasonable notice of a covered claim when legally and practically possible. This section does not require you to be responsible for conduct caused solely by Woodhams Web Design.
Access control
Suspension and termination
Woodhams Web Design may restrict, suspend, or terminate access to some or all website features when reasonably necessary to:
- Protect the website, systems, customers, or other visitors.
- Investigate suspected fraud, misuse, abuse, or unauthorized access.
- Respond to a material violation of these terms.
- Perform maintenance or address a technical or security issue.
- Comply with a legal requirement or valid governmental request.
- Discontinue or replace a website feature.
Where reasonable, Woodhams Web Design may provide notice or an opportunity to correct an issue before restricting access. Immediate action may be taken when delay could create security, legal, financial, or operational risk.
Sections concerning ownership, submitted materials, disclaimers, liability, indemnification, governing law, and other provisions that logically continue after termination will remain effective.
Legal jurisdiction
Governing law and disputes
These terms are governed by the laws of the State of New York, without applying rules that would require the laws of another jurisdiction.
Before filing a formal legal claim concerning the public website, you agree to contact Woodhams Web Design and provide a reasonable opportunity to understand and attempt to resolve the issue.
Unless applicable law requires otherwise, a dispute arising from these website terms will be brought in a state or federal court located in New York that has jurisdiction over the dispute.
These terms do not require arbitration and do not prevent either party from seeking appropriate temporary or emergency relief where necessary to protect legal rights, systems, data, confidential information, or intellectual property.
Time for bringing a claim
To the extent permitted by law, a claim arising solely from use of the public website must be brought within one year after the person bringing the claim knew or reasonably should have known of the event giving rise to it.
Updates
Changes to these terms
Woodhams Web Design may update these terms as the website, services, business practices, or legal requirements change.
The current version will be posted on this page with an updated effective date.
Changes apply after they become effective. Continuing to use the website after an updated version becomes effective means that the updated terms will apply to that continued use.
A change to these website terms does not automatically modify a separately signed client agreement.
Contact
Questions about these terms
Contact Woodhams Web Design with questions about these Website Terms of Use.
Please include enough information to identify the website feature, submission, proposal, or issue involved. Do not send passwords or other highly sensitive information by email.
