Last updated: August 2026
These Terms & Conditions apply to services provided by Mark Andrew Fraczek, a sole trader trading as Digital Spa (“Digital Spa”, “we”, “us” or “our”).
By ordering, purchasing or continuing to use our services, you (“the Client”) agree to these Terms & Conditions.
Digital Spa provides website design, development, hosting, maintenance, domain registration, email and related digital services.
The exact services provided to each Client will be those described in the quotation, proposal, order confirmation, invoice, email correspondence or other agreement between us and the Client.
Unless specifically agreed otherwise in writing, additional work outside the original agreed scope may be charged separately.
We will design and build the website based on the information, content and instructions provided by the Client.
The Client is responsible for providing any text, photographs, logos, branding, business information and other material reasonably required to complete the website.
Timescales are estimates unless we have specifically agreed a fixed deadline in writing.
Delays in receiving information, approvals or content from the Client may delay completion of the website.
The Client will be given a reasonable opportunity to review the website during development and before launch.
Once the Client approves the website for publication, or instructs us to make it live, the Client will be treated as having accepted the website as substantially meeting the agreed requirements.
Minor changes or corrections may still be made after launch where included within the agreed service.
The Client is responsible for ensuring that all information and material supplied to us or published on their website is accurate, lawful and suitable for publication.
This includes, but is not limited to:
Text and business claims
Photographs and images
Logos and branding
Customer reviews and testimonials
Prices and offers
Copyrighted material
Privacy information
Terms applicable to the Client’s own customers
Regulatory or professional information
Products and services advertised on the website
The Client confirms that they have the necessary rights, permissions and licences to use any material they provide to us.
We are entitled to rely upon information and material supplied or approved by the Client and are not responsible for independently verifying its accuracy, legality or regulatory compliance.
We may refuse to publish or may remove material that we reasonably believe is unlawful, fraudulent, defamatory, infringing or otherwise inappropriate.
Where the website displays customer reviews or testimonials, the Client is responsible for ensuring that reviews they provide or instruct us to publish are genuine and are not misleading.
The Client must not knowingly supply fake reviews, misleading testimonials or reviews presented in a way which creates a false impression.
Where reviews are imported or displayed from third-party services such as Google or a review-widget provider, we cannot guarantee the continued availability, accuracy or operation of those third-party services.
For personal information collected by or on behalf of the Client through their website or business activities, the Client is normally the Data Controller.
The Client determines the purposes for which its customer and prospective-customer information is collected and used and remains responsible for compliance with applicable data protection legislation, including the UK GDPR and Data Protection Act 2018 as amended.
This includes responsibility for:
Determining an appropriate lawful basis for processing
Providing appropriate privacy information
Responding to requests from individuals concerning their personal data
Determining appropriate retention periods
Ensuring information requested through forms is appropriate
Ensuring marketing activities comply with applicable law
Obtaining consent where consent is legally required
Determining which third-party services the Client wishes to use
Where Digital Spa processes personal information solely on the Client’s behalf, Digital Spa will normally act as a Data Processor.
Nothing in these Terms removes any statutory obligation or liability that applies directly to Digital Spa as a Data Processor or Data Controller in respect of its own processing activities.
Where we process personal data on behalf of the Client:
We will process that personal data only for the purpose of providing the agreed services and in accordance with the Client’s documented instructions, unless otherwise required by law.
Instructions supplied by email or through another written means may constitute documented instructions.
We will ensure that persons authorised to process Client personal data are subject to appropriate confidentiality obligations.
We will take reasonable and appropriate technical and organisational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access.
No internet-connected system can be guaranteed to be completely secure and we do not warrant that a website or hosting environment can never be compromised.
The Client gives general authorisation for us to use reputable third-party service providers where reasonably necessary to provide the services.
These may include website hosting companies, domain providers, backup services, software providers, email services, security services and other technology suppliers.
Where required by data protection law, appropriate contractual arrangements will be maintained with sub-processors.
Where reasonably possible, we will assist the Client with requests relating to personal data that we process on the Client’s behalf.
If we become aware of a personal-data breach affecting personal information that we process on the Client’s behalf, we will notify the Client without undue delay where required by law and provide reasonable information available to us.
On termination of the relevant service, personal information processed solely on the Client’s behalf will, where reasonably practicable and legally required, be returned or deleted in accordance with the Client’s instructions, subject to reasonable backup cycles and any legal retention requirements.
We will provide information reasonably necessary to demonstrate compliance with our applicable obligations as a Data Processor.
Any audit or inspection requested by the Client must be reasonable, proportionate and arranged in advance and must not compromise the security or confidentiality of information belonging to other customers.
Where we provide template privacy or cookie wording as part of a website, this is provided as a practical starting point based on the information available to us.
The Client remains responsible as Data Controller for ensuring that its privacy information accurately reflects its own business, processing activities and third-party services.
The Client must tell us if it introduces services or activities that may affect its privacy or cookie requirements, such as analytics, advertising pixels, embedded third-party content, mailing lists, booking systems or additional data collection.
We do not provide legal advice and do not guarantee that template legal wording will be appropriate for every business or regulated profession.
Websites may use third-party services, plugins, integrations or embedded content.
Some third-party services may place cookies, use local storage, collect technical information or otherwise process information about website visitors.
Where non-essential technologies require consent, responsibility for deciding whether those technologies are appropriate for the Client’s website ultimately rests with the Client as Data Controller.
We will provide reasonable technical assistance where cookie-consent functionality forms part of the agreed service.
Where hosting is included in the service, we will use reasonable endeavours to keep the website available and operational.
Hosting is dependent on third-party infrastructure and therefore we cannot guarantee uninterrupted or error-free availability.
Temporary disruption may occur because of maintenance, server faults, network problems, cyber-attacks, software failures or circumstances outside our reasonable control.
We are not responsible for losses caused solely by an outage or failure of a third-party hosting or infrastructure provider except to the extent that liability cannot legally be excluded.
Where maintenance is included, we may carry out reasonable updates to WordPress, plugins, themes and other website software.
Updates can occasionally cause compatibility problems or unexpected website behaviour.
We will take reasonable care when performing maintenance but cannot guarantee that third-party software updates will never cause faults.
Major redesigns, additional functionality or substantial changes may be charged separately.
We take reasonable measures to protect websites under our management, but no website can be guaranteed to be completely immune from hacking, malware, malicious attacks or vulnerabilities in third-party software.
The Client acknowledges that website security involves ongoing risk.
Where appropriate we may install or configure security software, apply updates, block malicious traffic or temporarily restrict access to protect a website or server.
Where backups form part of the service, we will take reasonable steps to maintain backups according to the backup arrangements applicable to the Client’s website.
Backups are a disaster-recovery measure and are not guaranteed to contain every recent change or piece of information.
We recommend that Clients retain copies of business-critical information independently where appropriate.
Where we register or manage a domain name for the Client, registration remains subject to the rules and terms of the relevant domain registrar and registry.
We cannot guarantee that a requested domain will remain available until registration has been successfully completed.
The Client is responsible for supplying accurate registration information where required.
Domain renewals are dependent upon the Client maintaining any required payments to us.
Where email accounts are supplied, the service may be provided using third-party email infrastructure.
We cannot guarantee uninterrupted email delivery or that messages will never be incorrectly classified as spam.
The Client is responsible for maintaining secure passwords and for the content and use of its email accounts.
Storage limits or other restrictions notified to the Client may apply.
Websites commonly depend upon third-party software and services including WordPress, plugins, themes, hosting platforms, domain registrars, email providers, Google services, payment processors and external APIs.
We are not responsible for changes made by third-party providers, including:
Discontinued services
Changes to functionality
Pricing changes
Licence changes
Compatibility issues
Service outages
Changed APIs
Changed terms of service
Where a third-party change requires significant work to the Client’s website, additional charges may apply.
Where we build a website to be search-engine friendly, this does not constitute a guarantee of any particular ranking, level of website traffic, number of enquiries or position within Google or any other search engine.
Search-engine algorithms and rankings are controlled by the relevant search-engine provider and can change at any time.
Unless specifically included within the agreed scope, we do not warrant that a website meets any particular industry-specific, professional, accessibility or regulatory standard.
If the Client operates in a regulated sector, the Client is responsible for notifying us of any specific website requirements that apply to its business.
The Client agrees to pay the fees set out in the applicable quotation, proposal, invoice, order confirmation or other agreement.
Where a service is provided for a recurring monthly fee, payment will continue until the service is cancelled in accordance with the agreed arrangement.
Unless expressly stated otherwise, recurring charges may cover services such as hosting, maintenance, software, support or other ongoing services rather than ownership of any particular third-party product.
We may suspend services where payments are overdue following reasonable notice.
Any outstanding fees remain payable following suspension or termination.
Where we have expressly agreed that a particular recurring price is fixed or will not increase, that commitment will apply according to the wording of the relevant offer.
Otherwise, we may change recurring service charges by giving reasonable advance notice to the Client.
The Client may cancel the affected recurring service before a price increase takes effect if they do not wish to accept the revised price.
Either party may terminate an ongoing service in accordance with any cancellation arrangements agreed when the service was purchased.
The Client remains responsible for charges incurred up to the effective termination date.
We may suspend or terminate services immediately where reasonably necessary because of:
Serious or repeated non-payment
Illegal use of our services
Fraudulent or malicious activity
Abuse of our systems
Serious security risks
Material breach of these Terms
Where reasonably possible, we will provide notice before termination.
When hosting or maintenance services end, we are not obliged to continue hosting, maintaining, updating, securing or backing up the website.
Where appropriate and subject to payment of outstanding amounts, we will reasonably cooperate with the transfer of a Client’s domain or website to another provider.
Work required to migrate, package, transfer or reconfigure a website may be chargeable.
Third-party licences provided as part of our service may cease when our service ends and may need to be purchased separately by the Client.
The Client retains ownership of content, photographs, logos and other material supplied by the Client, subject to any third-party rights.
Third-party software remains subject to its own licence terms.
Unless otherwise agreed, once all amounts due for the website design have been paid, the Client may use the website design created specifically for them for the operation of their business.
We retain ownership of our pre-existing tools, techniques, templates, systems, know-how and reusable components.
Unless the Client asks us not to, we may display the completed website, the Client’s business name and publicly available website imagery as examples of our work in our portfolio and marketing.
The Client may ask us to stop doing so at any time.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
Subject to this, we will not be liable for indirect or consequential losses, loss of anticipated profits, loss of business opportunities, loss of goodwill or losses arising from services or systems outside our reasonable control.
Our total liability arising from the services will, to the fullest extent permitted by law, be limited to the total fees paid by the Client to us for the relevant service during the 12 months immediately preceding the event giving rise to the claim.
This limitation does not affect any rights or remedies which cannot legally be excluded or restricted.
The Client will be responsible for losses, claims, costs or liabilities reasonably incurred by us as a direct result of unlawful material supplied or expressly approved by the Client, including infringement of third-party intellectual-property rights, misleading business claims or unlawful customer content, except to the extent that the loss arose from our own breach of law, negligence or misconduct.
We will not be responsible for failure or delay caused by circumstances outside our reasonable control, including internet outages, hosting failures, power failures, cyber-attacks, natural disasters, government action or widespread failure of third-party services.
We may update these Terms from time to time.
For existing ongoing Clients, material changes affecting the service will be communicated with reasonable notice where appropriate.
Changes will not retrospectively remove rights that have already arisen under an existing agreement.
These Terms and any dispute arising from them are governed by the laws of England and Wales.
The courts of England and Wales will have jurisdiction, subject to any mandatory rights that apply to a Client which cannot legally be restricted.
Questions about these Terms should be sent to:
Digital Spa
A trading name of Mark Andrew Fraczek, sole trader
Email: info@digitalspa.co.uk
