Terms of Service

Website Design & Development Consultancy

Last updated: 23 Jan 2026

These Terms of Service (“Terms”) govern the provision of website design, development, and consultancy services by Phoe Design (“the Consultant”) to the client (“the Client”). By engaging the Consultant, the Client agrees to these Terms.

1. Services Provided

The Consultant provides specialist website design and development services exclusively using the Wix platform, including bespoke layouts, advanced features, and custom business flows, as agreed in writing with the Client.

All services are limited to the scope outlined in the agreed proposal, quotation, or written correspondence.

2. Project Scope

The project scope will be defined prior to commencement and may include design, development, configuration, and testing as explicitly agreed.

The following are not included unless expressly stated:

• New features flows, integrations or functionality not described in the original scope

• Content creation or population beyond what was agreed

• Explicit business, operational, or strategic consulting

• End-user or customer support

Any work outside the agreed scope constitutes an Out-of-Scope Request (see Section 6).

3. Project Phases & Completion

3.1 Build Phase

The Build Phase covers development of the agreed scope and includes reasonable revisions directly related to the original requirements.

3.2 Handover & Support Period

Upon final delivery or site publication, a standard 30-day handover and support period begins.

Handover is defined as the point at which the website, feature, or functionality has been implemented in a working and usable state within the Wix editor, consistent with the agreed scope and reasonably ready for live use or internal operation.

Handover is not dependent on:

• the Client’s internal launch schedule,

• completion of content population by the Client,

• marketing readiness,

• or the Client’s decision to make the site publicly live.

Final payment becomes due at the point of handover.

During the handover period, the Consultant will address:

• Bug fixes directly related to the agreed build

• Clarification questions regarding delivered functionality

• Minor adjustments that clearly fall within the original scope

The following are excluded from the handover period:

• New features or enhancements

• New content or layout changes

• Business advice or end-user customer support

• Requests unrelated to the original scope

Any excluded items are treated as out-of-scope support requests.

3.3 Project Completion

After the 30-day handover period, the project is deemed complete. Any further assistance is treated as ad-hoc paid support under Section 6.

4. Client Responsibilities

The Client is responsible for:

• Providing timely content, access, and feedback

• Reviewing and approving work during the Build Phase

• Day-to-day operation of the website after handover

• Managing their own content, customers, users, and business processes

Once handover documentation and resources are provided, operational responsibility transfers fully to the Client.

5. Platform & Third-Party Limitations

The Consultant builds within the capabilities and constraints of the Wix platform and any third-party applications used.

The Consultant is not responsible for:

• Platform outages, bugs, or limitations

• Changes made by Wix or third-party providers

• Third-party app failures or incompatibilities

• Performance or behaviour outside the Consultant’s control

The Consultant may, at their discretion, assist in reporting platform issues; however, outcomes, timelines, and resolutions cannot be guaranteed.

6. Out-of-Scope & Post-Completion Support

6.1 Support Requests

Any request made outside the agreed scope or after project completion is treated as a Support Request. This includes, but is not limited to:

• Changes or additions

• Troubleshooting or investigations

• Advice or guidance

• Platform or third-party issue liaison

• Reviewing customer-reported issues

6.2 Support Fees

Support Requests are charged at £25 per request, at the Consultant’s discretion.

• A “support request” relates to one issue or task.

• Extended, complex, or ongoing matters may be charged as multiple support requests or quoted separately.

• The time or perceived simplicity of a task does not determine whether it is billable.

By contacting the Consultant, the Client understands that a support fee may apply in line with these Terms. Any such charges are applied at the Consultant’s discretion and always with fairness and reasonableness in mind.

6.3 Availability

Support is provided on a best-effort basis, subject to availability. No response times or service level guarantees are implied unless separately agreed in writing.

The Consultant reserves the right to decline any support request.

7. No Customer or Business Support

The Consultant does not act as:

• The Client’s customer support team

• A helpdesk for end users

• A business, operational, or process consultant

If a Client’s customer encounters an issue, responsibility remains with the Client. The Consultant may investigate as a paid support request if requested.

8. Payment

Payment terms for each project are agreed in advance and set out in the relevant quotation, proposal, or invoice. Projects are typically charged using a deposit and staged payment structure, reflecting the phased nature of design and development work.

Invoices for support requests or additional work are payable within the timeframe stated on the invoice. The Consultant reserves the right to suspend further work if invoices remain unpaid.

Due to the nature of design and development work, projects may involve exploratory research, testing, or problem-solving (R&D) where outcomes cannot always be fully defined in advance. Where it becomes clear that additional time, scope, or budget is required to complete the agreed objectives, this will be communicated to the Client at the earliest reasonable opportunity.

Any budget consumed by exploratory or development work already undertaken is non-refundable, as this work represents professional time and expertise provided, regardless of final implementation.

Where investigative or exploratory work is known or reasonably anticipated at the outset, this will be identified and included within the agreed project scope. Any investigation arising from unknown platform behaviour, technical limitations, or third-party dependencies will be treated as out-of-scope work, unless otherwise agreed, and may require additional time and budget.

9. Intellectual Property

Upon full payment, the Client is granted a non-transferable, non-exclusive licence to use the final website build and related configurations for the specific website and purpose for which they were created.

The website build, custom configurations, and any code or logic provided may not be copied, reused, transferred, resold, or adapted, in whole or in part, for use on any other website, application, template, or project without the Consultant’s prior written consent.

The Consultant retains all rights to:

• general design approaches, techniques, workflows, and know-how

• reusable components, patterns, and non-client-specific elements

• any underlying methodologies developed during the project

The Consultant is not responsible for any changes, edits, or additions made to the website by the Client or third parties after handover. Any work required to fix, restore, or adapt functionality following such changes will be treated as additional work and charged accordingly.

Any further design changes, feature additions, or new requirements requested after delivery may require re-quoting or be treated as support requests in line with these Terms.

The Consultant will not directly share, resell, or reuse the Client’s specific website build, configurations, or bespoke solutions outside of reasonable industry practice.

While the Consultant operates in repeatable problem areas and may work on similar applications or features for other clients, the Client’s work will not be simply repackaged or sold as a standalone product. Each project is treated as bespoke and delivered for the Client’s specific requirements.

Where future development results in a reusable application, feature, or solution that is materially derived from the Client’s commissioned work, and where appropriate, the Consultant may offer the Client reduced-cost or complimentary access. Where such reuse is foreseeable or material, this will be outlined clearly in the project agreement at the outset.

10. Limitation of Liability

To the maximum extent permitted by law, the Consultant shall not be liable for indirect, incidental, or consequential losses, including loss of revenue, data, or business opportunities.

11. Termination

Either party may terminate the engagement with written notice. Fees for work completed up to termination remain payable.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

The consultant reserves the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.

13. Changes to Terms and Pricing

The Consultant reserves the right to update or amend these Terms, including pricing, rates, and fees, at any time. Any such changes will apply to new projects or work requested after the change takes effect.

For ongoing projects or work already agreed and invoiced, the originally agreed Terms and pricing will remain in effect unless otherwise mutually agreed in writing.

Where possible, the Consultant will give reasonable notice of any changes to pricing or terms.