Terms and Conditions – </ RayElliottDev >

This Terms and Conditions document was last updated on August 21, 2025.

1. Who we are

These terms govern services supplied by Ray Elliott Development.
Legal entity: Ray Elliott Development.
Registered address: 1 Owen Drive, East Boldon, Tyne and Wear NE36 0HU.
VAT: not VAT registered.
“We”, “us”, and “our” refer to Ray Elliott Development. “You” and “your” refer to the client identified in the order or statement of work.

2. How these terms work

Agreement, by ordering any services, including recurring plans or one off project work, you agree to these terms.
Service schedules, Hosting, Maintenance, and Professional Services contain additional terms. If there is a conflict, the relevant Schedule takes priority for that service.
Order of precedence, Statement of Work or Quote, then the relevant Schedule, then these General Terms.
Updates, we may update these terms, we will post the new version on this page. Continued use of the services is acceptance of the updated terms.

3. Term and renewal

Recurring services, renew month to month unless stated otherwise. You may cancel with 30 days’ notice before the next billing date via your client area.
Professional services, start and end as set out in your Quote or Statement of Work.

4. Fees, billing, and late payment

Fees are payable in advance for recurring services and as set out in your Quote or Statement of Work for project services, prices exclude VAT unless stated.
If payment fails or is overdue by 7 days, we may suspend services. After 14 days, we may terminate.
Late payments may incur interest at 8 percent above the Bank of England base rate, plus reasonable recovery costs.
We may change recurring service prices with 30 days’ notice.

5. Your responsibilities

Provide timely access, logins, content, and approvals.
Keep your contact and billing details up to date.
Ensure you have rights to all content you supply.
Comply with the Acceptable Use Policy.

6. Our responsibilities

Provide services with reasonable skill and care.
Use commercially reasonable measures to maintain availability, security, and backups as stated in the Schedules.
Give reasonable notice of planned maintenance likely to affect availability.

7. Changes and out of scope work

Work not listed as included in a Schedule, your plan, or the Statement of Work is out of scope and billable as quoted, or at the rate stated in your Maintenance package if applicable, with your approval before we proceed.

8. Third party services and licences

We may use third party providers, for example hosting, CDNs, DNS, security, email delivery, monitoring, analytics, and backups. Their terms may apply to you.
Premium licences, we provide some licences while you are subscribed, for example Kadence Theme and Kadence Blocks, subject to vendor terms, for your subscribed site, not transferable. You must provide other premium licences required by your site. On termination or non payment, our provided licences may be removed or revert to free versions.
Email deliverability is not guaranteed, it depends on recipient systems and reputation that we do not control.

9. Data protection, privacy, and security

For personal data you control, you are the Controller, we are a Processor. The Data Processing section applies.
We implement appropriate technical and organisational measures aligned to risk, for example access control, patching, and encryption at rest where supported.
We will notify you without undue delay of a confirmed personal data breach that affects your service.

10. Intellectual property

You retain IP in your content. You grant us a non exclusive licence to host, cache, copy, and modify solely to deliver the services.
Our pre existing IP, tools, processes, boilerplate, and generic components remain ours. Custom work product is assigned to you on full payment, excluding our pre existing IP, open source libraries under their own licences, and third party components.

11. Warranties and disclaimers

We do not warrant that services will be uninterrupted or error free.
You are responsible for legal compliance of your site and content, including cookies and GDPR transparency.

12. Limitation of liability

Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.
Otherwise, our total aggregate liability for all claims in a 12 month period is limited to the fees you paid for the affected service in that period.
We are not liable for loss of profit, revenue, data, or any indirect or consequential loss.

13. Suspension and termination

We may suspend or terminate for material breach, illegal activity, risk to security or stability, or non payment.
On termination, we keep backups for 28 days, then delete. You may request a final export within that period.

14. Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, for example upstream provider outages, power failure, epidemic, war, or natural disaster.

15. Notices and contact

Support and legal notices should be sent to support@rayelliott.dev. Emergency incidents should be raised via support@rayelliott.dev.

16. Governing law

These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.

Schedule A, Hosting

A1. Scope

Managed hosting of your website on infrastructure provided by third party providers. We operate the environment under a fair use model.

A2. Plan resources and fair use

Plans include indicative allocations of CPU, RAM, storage, bandwidth, and IOPS. Sustained usage that impacts service quality may be rate limited or require an upgrade.

A3. Backups

Off site backups are maintained. Frequency and retention are as stated in your plan.
Restores included, fair use. Full site or database restores are included at no additional charge, up to two restores per site in any rolling 30-day period. Restores required due to our actions or a hosting provider incident do not count toward this limit.
We may defer or decline non-emergency restore requests that exceed fair use, and we may require changes such as enabling a staging workflow or change control to reduce repeated rollbacks.
Restores are point-in-time from available backups, not a substitute for content versioning or source control. Granular recovery of individual records or files may not be possible.
You remain responsible for retaining copies of any critical data or media that must not be lost.

A4. Availability and maintenance

Target availability, 99.9 percent per calendar month, excluding planned maintenance and provider network incidents.
Planned maintenance, scheduled outside UK business hours where possible. We will give reasonable notice for disruptive work.

A5. Security

We apply OS and control panel updates, firewall rules, and baseline hardening.
You must use strong credentials and multi factor authentication where available, and avoid sharing privileged accounts.

A6. DNS, domains, and email

Unless stated, domains and DNS remain under your control. We can assist with DNS changes on request.
We do not run a mailbox service. For transactional email we integrate with third party providers, subject to their terms.

A7. Exclusions

Root access for clients, unsupported extensions, custom server builds, bulk email, and activities prohibited by the Acceptable Use Policy.

Schedule B, Website Maintenance

B1. Scope included

Updates, WordPress core, plugins, and themes updated on a routine schedule with rollback if an update breaks the site.
Uptime monitoring and security monitoring appropriate to your plan.
Backups, coordinated with your host or as per your plan, with periodic test restores.
Restore policy, restores are included at no additional charge under the Hosting fair-use policy defined in Schedule A.
Minor content edits, available if included in your plan, minutes included as per your plan.
Reports, a monthly summary if included in your plan.

B2. Response targets and support hours

Support hours and response targets are as stated in your Maintenance plan. If not stated, we respond during UK business hours.
Response targets are acknowledgements, not resolution guarantees.

B3. Exclusions

New features or redesigns, marketing campaigns, SEO, accessibility audits, major performance work, bulk content population, and fixes for issues caused by unmanaged third party changes or access. These are quoted separately.

Schedule C, Professional Services

C1. Scope

Professional services as described in your Quote or Statement of Work, for example analysis, design, development, integration, remediation, migration, auditing, training, or advisory work.

C2. Deliverables and acceptance

Deliverables and acceptance criteria are those set out in your Quote or Statement of Work.
When we notify you a deliverable is ready for review, you have 5 business days to accept or provide written feedback tied to the acceptance criteria.
If you do not respond in that period, or you deploy the deliverable to live or otherwise use it in production, the deliverable is deemed accepted.
For advisory outputs, for example reports or consultations, acceptance occurs on delivery.

C3. Changes

Requests after scoping follow a simple change control, we confirm scope, price, and timeline impact in writing, you approve before we proceed.
Emergency remediation may be performed on a time and materials basis to stabilise systems, with your consent to a cost cap where practicable.

C4. Assumptions and dependencies

Timelines depend on your timely provision of access, information, content, and feedback.
We may require a staging or test environment. Work performed directly on production at your request may increase risk and time.

C5. Payment terms

As set out in your Quote or Statement of Work. If not stated, we invoice 50 percent on kickoff and 50 percent on acceptance. Invoices are due on receipt.
For time and materials work, we bill in 30 minute increments unless otherwise stated. Pre-approved expense reimbursements will be charged at cost.

C6. Warranty

We warrant deliverables against material defects that prevent them from meeting the agreed acceptance criteria for 30 days from acceptance, and will remedy verified defects at no charge.
Excludes issues caused by subsequent changes, third party updates, environment changes, conflicts outside scope, or use contrary to documentation.
Advisory services are provided with reasonable skill and care, no outcome is guaranteed.

C7. Intellectual property

On full payment, you receive ownership of project-specific work product, excluding our pre-existing IP and third party components.
Our pre-existing IP, libraries, and tooling remain ours. We grant you a non-exclusive licence to use them as embedded in the deliverables.
Open source components are provided under their own licences.

C8. Compatibility and platforms

Target platforms and versions will be the current and previous major versions of agreed platforms unless otherwise specified in your Statement of Work. Legacy or embedded platforms are out of scope unless agreed.

C9. Support and handover

After acceptance, further changes or support are available under a Maintenance plan or as quoted.
Handover materials, for example deployment notes or admin guides, will be provided where stated in your Statement of Work.

C10. Cancellation

You may cancel before completion. We will invoice for work performed to date and committed third party costs. Deposits are non-refundable unless stated otherwise in your Quote.

Acceptable Use Policy

You must not use the services to:

Break the law, infringe intellectual property rights, or violate privacy.
Send spam, run unsolicited bulk messaging, or operate mailing lists without proper consent and hygiene.
Host or distribute malware, phishing, or deceptive content.
Run crypto mining, unauthorised penetration testing, stress testing, or denial of service activity.
Operate high risk categories that breach UK law, for example illegal adult content or unlawful gambling.
Place undue load on the platform, for example uncontrolled crawlers, cache busting patterns, or poorly configured cron jobs.

We may throttle, suspend, or require changes where use threatens stability or security.

Data Processing, UK GDPR

Subject matter and duration, hosting, maintaining, and delivering your website and related systems for the term of the services.
Nature and purpose, storage, transmission, backup, and limited analysis for security and performance.
Personal data and data subjects, typical website user and customer data, for example names, emails, order details, and IP addresses.

Processor obligations

Process personal data only on your documented instructions, including as specified in these terms and your plan.
Ensure personnel are bound by confidentiality.
Implement appropriate security measures, including access control and encryption at rest where supported.
Use sub processors for infrastructure and tooling. Categories include cloud hosting, backup storage, monitoring, email delivery, and security services. We remain responsible for their performance and will ensure equivalent protections.
Notify you without undue delay of a confirmed personal data breach affecting your service.
Assist you, within reasonable limits, with data subject requests, DPIAs, and audits relevant to our role.
On termination, delete or return personal data after 28 days, unless the law requires retention.
For international transfers outside the UK or EEA, use appropriate safeguards, for example the UK IDTA or EU SCCs as applicable.