Client Terms and Conditions
Last updated: 24 September 2026
1. About these terms
These Terms and Conditions apply whenever Dynafish supplies services to a client. They form part of the agreement between Dynafish (‘we’, ‘us’ or ‘our’) and the person, business or organisation purchasing the services (‘you’ or ‘your’).
The agreement consists of:
– The quotation, proposal, estimate or other written description of the services;
– These Terms and Conditions;
– Any applicable Service Level Agreement; and
– Any other terms expressly agreed between us in writing.
If there is a conflict between these documents, the quotation, proposal or other specifically agreed written terms will take precedence for the relevant service.
You accept these terms by approving a quotation or proposal, paying an invoice or deposit, instructing us to begin work, or continuing to use a service after receiving these terms.
If you enter into the agreement for a company or other organisation, you confirm that you have authority to bind it.
Nothing in these terms limits any rights that cannot lawfully be excluded, including any applicable statutory consumer rights.
2. Our services
Our services may include website design and development, website hosting, domain registration and management, email facilities, maintenance, technical support, content work, consultancy and related digital services.
The precise services included in an agreement will be described in the relevant quotation, proposal or other written communication. Anything not expressly included is outside the agreed scope and may be quoted or charged separately.
We will perform the agreed services with reasonable care and skill. Dates and timescales are estimates unless we expressly agree in writing that a deadline is fixed.
3. Your responsibilities
You agree to:
– Provide complete and accurate information, content, access details, approvals and feedback when reasonably required;
– Supply material in the format requested by us;
– Make decisions and approve work without unreasonable delay;
– Check content, prices, contact details, legal notices and other factual information before publication;
– Keep your own copies of important content, data and correspondence;
– Use the services lawfully and in accordance with these terms; and
– Pay all invoices when due.
You are responsible for ensuring that material you supply or ask us to publish is accurate, lawful and does not infringe another person’s rights. This includes text, photographs, logos, video, personal data, claims, prices and product or service information.
You confirm that you own supplied material or have all permissions and licences required for us to use it. You will be responsible for claims arising from material supplied or specifically requested by you, except to the extent that the claim results from our own unauthorised alteration or use.
We are not responsible for delays caused by missing information, late feedback, changed instructions, unavailable access or other matters outside our reasonable control. Any agreed timetable may be revised accordingly.
4. Quotations, estimates and scope
Unless stated otherwise, a quotation or proposal is valid for 30 days from its date.
An estimate is an informed assessment rather than a fixed price. We will tell you if we become aware that the likely cost will materially exceed an estimate and will seek approval before undertaking substantial additional work.
Fixed prices are based on the scope and assumptions stated in the quotation or proposal. Changes to requirements, additional pages, additional functionality, repeated revisions or work made necessary by inaccurate or incomplete instructions are outside the original scope.
Additional work will be quoted separately or charged at our current hourly rate. We may ask you to approve a change in writing before proceeding.
5. Design, development and revisions
Unless the quotation or proposal says otherwise, a website design project includes one principal design direction and up to two reasonable rounds of revisions.
A revision means an adjustment to work already produced in accordance with the agreed brief. A new design direction, material change of scope or reversal of an earlier approval is additional work.
Websites will be developed for current, generally supported versions of major browsers and common screen sizes at the time of development. We do not guarantee identical appearance or functionality in every browser, device or operating system. Support for obsolete or specialist systems must be agreed separately.
We may use themes, frameworks, plugins, libraries, hosted services and other third-party components where reasonably appropriate.
6. Content, images and translations
Copywriting, photography, image sourcing, image editing, data entry and content migration are included only where expressly stated.
Time spent sourcing, creating, preparing, correcting or entering content may be charged separately.
If we arrange or assist with a translation, you remain responsible for reviewing and approving the translated content before publication. We do not warrant the accuracy of machine-assisted or third-party translations unless professional translation and review have been expressly included in the agreement.
7. Search engines, accessibility and legal compliance
We will follow reasonable technical practices for search engine accessibility where this forms part of the work. We do not guarantee search rankings, traffic levels, enquiries, sales or any particular result from a search engine, advertising platform or other third party.
Compliance with a particular accessibility standard, industry rule or legal requirement is included only where expressly stated. Unless we have specifically agreed to advise on these matters, you remain responsible for the legal and regulatory compliance of your business, website, published content, privacy information, cookie choices, online sales and use of personal data.
8. Review, approval and completion
You agree to review work carefully and tell us promptly about any errors or required changes.
Approval may be given in writing or demonstrated by instructing us to publish, launch or proceed to the next stage. Once a stage has been approved, later changes to it may be treated as additional work.
If we ask for approval and receive no response within 14 days, we may pause the project, revise the timetable and invoice for work completed to date.
A project will be treated as complete when the agreed work has been delivered or made live, subject to any outstanding warranty corrections.
9. Project delays and inactivity
If a project is delayed for more than 30 days because we are waiting for information, content, access, feedback or approval from you, we may:
– Pause the project and reschedule it according to our availability;
– Invoice for work already completed and costs already incurred; and
– Review the price and timetable before restarting.
If there has been no meaningful response from you for 90 days, we may treat the project as abandoned and close it. Any later restart may require a new quotation. Payments already made will not be refunded, except where required by law.
10. Charges and payment
Fees and payment stages will be set out in the relevant quotation, proposal or invoice. Unless otherwise agreed, invoices are due on the date shown on the invoice.
Deposits and advance payments reserve time and allow work to begin. They are non-refundable once work has started, except where required by law or expressly agreed otherwise.
You must tell us promptly if you dispute an invoice and explain the reason. An undisputed part of an invoice remains payable when due.
Where you are legally required to retain or withhold tax from a payment, you must provide the relevant official evidence or certificate promptly.
If payment is overdue, we may pause work, withhold delivery, suspend services and withdraw access to licences supplied through our accounts. We are not responsible for loss or disruption resulting from a lawful suspension for non-payment.
Reactivation of a suspended service is at our discretion and may require payment of all outstanding amounts together with a reasonable reactivation charge.
11. Warranty and correction of faults
Unless otherwise agreed, our development work carries the following limited warranty from the date it is made live or delivered:
– Three months for a new or substantially rebuilt website; and
– One month for a modification or enhancement to an existing website.
During the warranty period, we will correct a demonstrable and repeatable fault in our work without charge. For modifications to an existing website, the warranty applies only to the work we performed.
The warranty does not cover:
– New requirements or changes of mind;
– Content amendments;
– Problems caused by a client or third party;
– Changes to browsers, devices, operating systems or external services;
– Updates or changes to WordPress, themes, plugins or other software made after delivery;
– Malware, compromised credentials or other security incidents not caused by our failure to use reasonable care;
– Hosting, connectivity, DNS or email issues outside our control; or
– Use of the website contrary to our instructions.
After the warranty period, investigation and remedial work may be charged at our current hourly rate.
12. Support and maintenance
Unless a support or maintenance service has been expressly agreed, ongoing support is not included after the applicable warranty period.
Support requests should be submitted by email through our nominated support address or support desk. Messages sent through telephone calls, social media, messaging applications or personal accounts may not be recorded or acted upon.
Chargeable support includes, unless otherwise agreed:
– Investigation and correction of matters outside the warranty;
– Content changes, enhancements and upgrades;
– Training and assistance with administration systems;
– Work resulting from client or third-party changes;
– Assistance with users’ computers, devices, mail applications or local networks; and
– Travel and work at a client’s premises.
Where a support arrangement includes a stated number of hours, unused time, excess time and response targets will be handled as described in that arrangement.
13. Hosting
Where hosting is included, we will normally arrange and manage it using our preferred third-party infrastructure provider. Any applicable availability and response commitments are set out in our Service Level Agreement.
Hosting fees are payable in advance. Unless otherwise agreed, hosting renews automatically for the same billing period unless either party gives at least 30 days’ written notice before the renewal date. Fees already paid for a current hosting period are non-refundable if the service is cancelled part-way through that period, except where required by law.
Most websites use shared hosting and must remain within reasonable allocations of processing power, memory, storage, bandwidth and other resources. If a website uses excessive resources or adversely affects other services, we may require changes, move it to a more suitable service or adjust the charges.
Hosting must not be used for unlawful material, unsolicited bulk email, abusive activity, malicious software, unauthorised access, copyright infringement or any activity that risks the security or reputation of our systems or suppliers.
Email facilities included with hosting are intended for ordinary business correspondence. Bulk or marketing email must use an appropriate specialist service. Misuse may result in immediate restriction or suspension.
We will take reasonable steps to maintain the service and work with our suppliers to resolve faults. However, hosting, internet, DNS and email services cannot be guaranteed to be uninterrupted or error-free.
14. Backups and security
Where routine backups are included with hosting, they are a disaster-recovery precaution and not a permanent archive. Backup frequency, retention and successful restoration cannot be guaranteed in every circumstance.
You remain responsible for retaining independent copies of irreplaceable content, business records and email. We recommend downloading or separately storing any data whose loss would cause serious harm.
We will take reasonable technical and organisational measures appropriate to the services we manage. No website or online system can be guaranteed completely secure. You must protect passwords, use secure devices, restrict access to authorised people and tell us promptly if you suspect a compromise.
Restoration, malware removal and security work may be chargeable unless the incident was directly caused by our failure to exercise reasonable care and skill.
15. Domains
Where we register or manage a domain for you, the registration is also subject to the rules and terms of the relevant registry and registrar.
You are responsible for providing correct registrant details and paying renewal charges when due. We will make reasonable efforts to manage renewals for domains under our control, but you should not rely solely on a reminder from us.
We are not responsible for the loss of a domain caused by incorrect client information, late payment, failure to respond, registry action, a dispute, or circumstances outside our reasonable control. Recovery or redemption fees are payable by you.
Subject to payment of all outstanding charges and any registry restrictions, we will provide reasonable assistance to transfer a client domain when requested by the lawful registrant.
16. Third-party products and licences
Websites and related services may depend on third-party products, including WordPress, themes, plugins, fonts, APIs, payment services, analytics systems, email services and external platforms.
Third-party products are governed by their own terms, licences, pricing and privacy practices. We do not control them and cannot guarantee that they will remain available, compatible, secure or unchanged.
Licence and subscription charges are payable by you unless expressly included in our fees. Prices may change when a supplier changes its charges.
Products provided through a Dynafish developer, agency or reseller licence may be used only while the relevant Dynafish service remains active. Such licences are not transferable and may be removed or cease to function when the service ends or the website is handed over. You may need to purchase replacement licences directly from the supplier.
Necessary work resulting from a third-party change, withdrawal, incompatibility or price increase is outside the original project scope unless otherwise agreed.
17. Access to websites and systems
During a managed hosting, support or maintenance arrangement, we control technical and server-level access to protect the security and integrity of our systems and other clients.
Client access, where provided, is normally restricted to agreed content-management functions. Full WordPress administrator, hosting control panel, database, FTP, SSH or equivalent access is not provided unless expressly agreed.
You must not share access credentials with unauthorised people or attempt to bypass access restrictions. Changes made by you or another third party are at your risk. Investigation or repair made necessary by those changes may be charged at our current hourly rate.
We can carry out reasonable server-level tasks, such as adding verification files or DNS records, upon request. Such work may be chargeable.
18. Handover and transfer
You may request the handover or transfer of a website, domain or hosting service, subject to payment of all outstanding invoices and any applicable notice period.
We will provide the access details and transfer information reasonably required to move the service, including WordPress administrator access, hosting access or domain authorisation codes where applicable and permitted.
Reasonable handover administration may be charged at our current hourly rate. Extensive migration, troubleshooting or work required by a new provider is not included unless agreed separately.
Once access or control has been transferred, responsibility for operation, maintenance, security, backups, software licences, DNS, email and future compatibility passes to you or your new provider. Our managed licences may be removed as described above.
19. Intellectual property
You retain ownership of material that you supply to us.
Once all amounts relating to a project have been paid in full, you will own the final bespoke visual design and original content specifically created and paid for under that project, except for the retained and third-party material described below.
Dynafish retains ownership of:
– Tools, methods, know-how and materials created before the project;
– General-purpose or reusable code, layouts, components and techniques;
– Development systems, working files and internal documentation; and
– Material developed independently of the project or not specifically paid for by you.
To the extent that retained Dynafish material is incorporated into the completed work, we grant you a perpetual, non-exclusive licence to use it as part of that completed project, subject to full payment.
Third-party software, fonts, images and other materials remain subject to their respective licences and are not transferred to you.
Until all relevant invoices have been paid, all rights in work created by us remain with Dynafish and any permission to use that work is temporary and revocable.
20. Displaying our work
Unless confidentiality has been agreed in writing, we may identify you as a client and display or link to the completed public work in our portfolio, proposals, case studies and promotional material.
We will not publish confidential information or unpublished client material without permission.
21. Confidentiality
Each party will take reasonable care to protect confidential information received from the other and will use it only for the agreement or as required by law.
Confidential information does not include information that is already public through no breach of these terms, was lawfully known before disclosure, or was lawfully obtained from another source.
22. Personal data
Each party must comply with the data protection laws applicable to it.
You are responsible for deciding what personal data your website or business collects, the lawful basis for collecting it, how long it is retained and what information is given to the individuals concerned, unless we have expressly agreed to provide advice or services covering those matters.
Where we process personal data solely on your behalf, the parties will enter into any additional data-processing terms reasonably required by applicable law.
Our handling of personal data for our own business purposes is described in our Privacy Policy.
23. Suspension and termination
You may cancel a project or terminate an ongoing service by giving written notice. You must pay for all work completed, time reserved where it cannot reasonably be reallocated, third-party commitments and costs incurred up to the termination date.
For hosting and other renewable services, the notice and refund provisions in the relevant section or service agreement will apply.
We may suspend or terminate a service immediately if:
– An invoice remains overdue;
– The service is used unlawfully, abusively or in a way that threatens security or other users;
– You materially breach the agreement and, where the breach can be remedied, fail to remedy it within a reasonable period after notice;
– A supplier, registrar or competent authority requires us to do so; or
– Continuing the service would expose us or another person to material legal, security or reputational risk.
We may terminate an ongoing service for other reasons by giving at least 30 days’ written notice. Where we do so, we will refund any prepaid fees covering the period after termination, except where termination results from your breach.
Termination does not affect rights, obligations or amounts that arose before termination. Provisions intended to continue, including payment, confidentiality, intellectual property and liability provisions, will remain effective.
24. Liability
Nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.
Subject to that qualification, Dynafish will not be liable for:
– Indirect, incidental, special or consequential loss;
– Loss of profit, revenue, business, anticipated savings, opportunity, goodwill or reputation;
– Loss or corruption of data where it could reasonably have been avoided by maintaining an independent backup;
– Acts, omissions, failures or changes by third-party suppliers or platforms; or
– Loss caused by inaccurate instructions, client-supplied material, unauthorised access, client delay or a breach of these terms.
Our total liability arising from a particular service or event will not exceed the fees paid or payable for the affected service during the 12 months immediately preceding the event giving rise to the claim. If the affected service has existed for less than 12 months, the limit will be the fees paid or payable for that shorter period.
The limitations in this section apply only to the extent permitted by law.
25. Events outside our control
Neither party will be liable for delay or failure caused by circumstances beyond its reasonable control. These may include natural disasters, fire, flood, epidemic, war, civil disorder, industrial action, power or telecommunications failure, cyberattack, supplier failure, government action or widespread internet disruption.
The affected party must take reasonable steps to reduce the effect of the event and resume performance when reasonably possible.
26. Changes to these terms
The version of these terms accepted when an agreement is made will apply to that agreement.
We may update these terms for future projects and renewals. For an ongoing service, we may make reasonable changes by giving advance notice. If a change materially disadvantages you, you may cancel the affected ongoing service before the change takes effect, subject to payment of charges already incurred.
27. General provisions
Neither party may transfer the agreement to another person without the other’s written consent, except that we may use subcontractors and suppliers to perform parts of the service while remaining responsible for our own obligations.
The agreement is between you and Dynafish. No other person has a right to enforce it unless expressly stated.
If any provision is found unlawful or unenforceable, it will be adjusted or removed only to the minimum extent necessary. The remaining provisions will continue in effect.
A delay in enforcing a right does not waive that right.
The agreement constitutes the entire agreement concerning the relevant services and replaces earlier discussions or representations about them, except in the case of fraud.
Notices concerning cancellation, termination, disputes or material contractual changes must be sent by email to the usual Dynafish business address or another address notified in writing. A support request is not automatically treated as contractual notice.
28. Governing law and jurisdiction
The agreement is governed by Portuguese law.
The Portuguese courts will have exclusive jurisdiction over disputes arising from the agreement, except where mandatory law gives a consumer the right to bring proceedings elsewhere.
29. Contact
Questions about these Terms and Conditions may be sent to:
Dynafish – David Leeke
info@dynafish.com