Website Build and Care Agreement

DRAFT. This is not legal advice. It was drafted from research notes for a limited company supplier and a business customer in England and Wales. Have it reviewed by a solicitor before use, and re-read it after any change to the price, the term or the care plan. It was rewritten from a sole trader footing on 2026-09-23; the liability and indemnity clauses were drafted against an unincorporated supplier and are the first thing the solicitor should see. Since 2026-09-24 the customer accepts it by ticking the terms box on the £495 payment link (clause 15), and this page is published at /terms/ for that box to point to: ask the solicitor whether a tick at payment is enough for a 12-month minimum term. On 2026-09-29 the owner chose an AI review instead of a solicitor; its fixes are applied below, and the 12-month minimum is also said aloud before the box is ticked.

Supplier: Just Cook Technologies Ltd, registered in England and Wales, company number 17053705, registered office 128 City Road, London, EC1V 2NX, trading as Waymark Web Design, hello@waymarkweb.co.uk (“we”, “us”). Customer: the business that accepts this agreement when paying the build fee, as named on that payment (“you”). You are buying for your business, not as a consumer. If the law treats you as a consumer all the same, nothing in this agreement takes away a right you have as one. Date: the day you accept it under clause 15.

This is a short agreement in plain English. Where it says “the site” it means the website we build for you under clause 1, at the domain in clause 8.

1. What we will build

A website of five pages for your venue: home, menu, find us, book or order, and about. Built in: click to call, opening hours, a map, a photo gallery, structured data for search engines, and a link to whatever booking or ordering service you already use. The menu is written as text on the page, not a PDF. We do not provide a booking or ordering system of our own, and we do not take card payments on the site.

Anything not listed here is not included. Extra pages or features are quoted separately in writing.

2. Price and payment

• Build fee: £495, paid by card on the call in which you approve the site. No VAT is added, because we are not VAT registered.
• Monthly fee: £69, by Direct Debit, first payment on the day the site goes live and then monthly.
• We do final customisation and launch after the build fee has been paid and the Direct Debit is in place. We do not invoice on terms.
• If a monthly payment fails and is not put right within 14 days, we may take the site offline until it is. Late payments also carry interest under the Late Payment of Commercial Debts (Interest) Act 1998.
• The monthly fee is fixed for the minimum term. After that we may change it once in any 12-month period, by giving you 30 days’ written notice in advance. If you do not want the new price, end the agreement under clause 3 and you pay nothing beyond the notice period.
• If we become VAT registered, VAT is added to both fees from the date we register. The fees themselves do not change — the VAT sits on top of them — and we will tell you before the first payment that includes it. We are not registered today.

3. Minimum term

The monthly fee runs for a minimum of 12 months from the day the site goes live. If you end this agreement before then, unless it is because we have seriously broken it, the monthly fees for the rest of those 12 months fall due at once. Leaving early costs nothing more than that. After the 12 months it continues month to month and either of us may end it with one month’s written notice.

4. Revisions

The build fee includes one round of revisions: one list of changes from you, made in one go, before launch. Changes after that come out of your care plan allowance (clause 7) or are quoted separately.

5. What you must supply, and your promise about it

You supply the photos, logo, menu, prices, opening hours, allergen information and any other text you want on the site, within 14 days of paying the build fee. If you do not, we launch with the material we have and change it later under clause 7.

You warrant that everything you supply is yours to use, or you have permission to use it, and that it is accurate. That includes photos, the logo, menu descriptions, prices and, above all, allergen information: we publish exactly what you approve, and you are responsible for checking it. It also includes any photo we took from your own website or Google listing for the demo, once you have confirmed to us in writing that it is yours to use. You will indemnify us against any claim, loss or cost that comes from material you supplied or approved, including a copyright claim over a photo or a complaint about allergen information.

Any hygiene rating shown on the site is fetched live from the Food Standards Agency or left off. We never type one in.

6. Who owns what

• Your site. The copyright in the bespoke parts of the site (the design as applied to you, the text, the arrangement of your content) is assigned to you once the build fee has been paid in full. This clause is a written assignment for the purposes of section 90(3) of the Copyright, Designs and Patents Act 1988 and takes effect when we receive the build fee in full. Until then you have a licence to use the site while this agreement runs, and nothing more.
• Our toolkit. We keep the copyright in our reusable components, templates, code, build tools and design system. We grant you a perpetual, non-exclusive licence to use them as part of your site, including after you leave. We may use them for other customers. This includes the standard wording we reuse across sites, even where it appears unchanged on yours.
• Drawings made from your photos. Where we turn your photos into a drawing or a short moving clip, it counts as part of your site above. The law on who owns images made with AI is still unsettled, so we cannot promise that such a drawing is protected by copyright.
• Your material. You keep the copyright in everything you supplied. You grant us a licence to use it on your site and, unless you tell us otherwise in writing, to show your site in our own portfolio.
• Third-party material. Fonts, stock photos and any software libraries stay under their own licences. We only use material whose licence lets you keep using it on your site, including after you leave.

7. Care plan

The monthly fee covers hosting (clause 9), your standard domain (clause 8), security updates, uptime monitoring, and up to four content changes a month: a price, a menu item, an opening time, a photo swap, a paragraph. We make them within three working days of your email. Unused changes do not roll over. Bigger changes (a new page, a redesign) are quoted separately.

8. Your domain name

• If you do not have a domain, we register one standard .co.uk or .com domain for you, with you as the registrant, and the yearly cost is included in the monthly fee. You own it from day one.
• If you want a premium domain (one the registry prices above the standard rate), we pass the premium price through at cost and you pay it on top.
• If you already have a domain, it stays in your name. We point it at the site. Before changing anything we record your existing email records and recreate them, so your email keeps working.

9. Hosting

We host the site on our own hosting account. We aim to keep it available all the time but we are one person and cannot promise a fixed uptime figure. We keep a copy of the site’s source and content and can restore it. We may move the site to a different hosting provider at no cost to you and with no change to your domain.

10. Leaving

There is no exit fee: leaving early costs only what clause 3 says. Whenever you ask, and in any case when this agreement ends, we will within five working days: give you a complete copy of the site (the built files and the source content), give you the domain’s transfer code or confirm the domain is already under your control, and hand over any records needed to run it elsewhere. We will not hold your site, your domain or your content back for any reason, including money you still owe us, which we would pursue separately.

11. What we do not promise

We do not promise a search ranking, a number of visitors, bookings, orders or revenue. We do not give legal advice about your own obligations (for example allergen labelling or licensing); we build what you approve.

12. Limit of our liability

Our total liability to you under this agreement, however it arises, is limited to £2,500 or the fees you have paid us in the 12 months before the claim, whichever is more. We are not liable for loss of profit, loss of bookings or orders (whether direct or indirect), or any other indirect loss. Nothing in this agreement limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow us to limit.

13. Personal data

Where we handle personal data on your behalf (names on your site, details in the changes you send us, or a contact form), you are the controller and we are your processor, for as long as this agreement runs and only to host the site and make the changes you ask for. We act only on your written instructions, keep the data secure, make sure anyone working on it keeps it confidential, tell you promptly of any breach, help you answer anyone who asks about their data, and give you the information you need to show this clause is kept. We use only the providers named on our privacy page, and tell you before adding one so you can object. When this agreement ends we hand the data back or delete it, as you choose. Enquiries are sent to your inbox and not stored by us.

14. Governing law

This agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

15. Accepting this agreement

You accept this agreement by ticking the box that says you agree to these terms when you pay the build fee through our payment link. Our payment provider records when you ticked it.

Once the build fee is paid we email you a copy of this agreement with your business name and the date filled in, signed by us. Our signature on that copy is the signature required by section 90(3) of the Copyright, Designs and Patents Act 1988 for the assignment in clause 6.

16. General

• Notices. A notice under this agreement must be in writing and sent by email to the address either of us last gave the other. It counts as received on the next working day.
• Whole agreement. This agreement is everything we have agreed about the site and the care plan, and replaces anything said or written before. Nothing in it limits liability for fraud.
• If one part fails. If a court finds any part of this agreement unenforceable, the rest still applies.
• Passing it on. We may transfer this agreement to someone who agrees to carry it out, and will tell you if we do. You may transfer it only with our agreement, or to whoever takes over your business if they agree in writing to take it on, minimum term included.
• Other people. No one else has a right under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of it.
• Beyond our control. Neither of us is liable for a delay caused by something beyond our reasonable control.
• Ordering online. Because we are both businesses, regulations 9(1) and 11(1)(a) of the Electronic Commerce (EC Directive) Regulations 2002 do not apply to this agreement.

Signed for the Supplier: ____________________ Name: James Read Position: Director, for and on behalf of Just Cook Technologies Ltd Date: ________