Legal
Terms of Service
1. Services and Scope
These Terms of Service ("Terms") govern the provision of web design, application development, workflow automation, hosting, and any related digital services ("Services") provided by 4orty Digital ("we", "us", "our") to you ("the Client").
By instructing us to commence work following our proposal, you agree to be bound by these Terms.
2. Payment and Invoicing
We do not process payments through this website. All payments are strictly invoice-based and handled securely outside of our direct web infrastructure.
- 25–35% Non-Refundable Deposit: To secure your project slot and initiate development, a non-refundable deposit of between 25% and 35% of the total estimated project cost must be paid upfront. The exact percentage is determined based on project scope and defined in your proposal. Work will not commence until this deposit is cleared.
- Milestone Payments: Remaining balances are typically split across defined project milestones. Final delivery and code handover will only occur upon receipt of the final invoice payment.
- All invoices carry a standard term of 14 days unless explicitly agreed otherwise.
3. Hosting & Maintenance
If your project includes hosting and maintenance handled by us:
- Hosting fees are billed periodically (e.g., monthly or annually) and must be paid in advance.
- Failure to pay hosting or maintenance invoices within 30 days of the due date may result in the suspension of website or application services until the account is fully settled.
- Maintenance includes critical security patches and uptime monitoring. It does not include major structural enhancements or new feature requests unless covered by a separate retainer agreement.
4. Client Obligations
Timely communication and delivery of assets (such as text, images, and brand materials) by the Client is essential. Delays caused by the failure to provide necessary assets will proportionally extend our estimated delivery timelines and may incur administrative pause fees if the delay exceeds 30 days.
5. Limitation of Liability
4orty Digital shall not be liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of revenue, profits, or data arising out of or in connection with the Services provided.
Our total liability under these Terms, whether in contract, tort, or otherwise, shall be strictly limited to the total amount paid by the Client to us for the specific project giving rise to the claim. We accept no liability for third-party software interruptions, hosting server outages beyond our direct control, or malicious cyber-attacks against deployed builds.
6. Intellectual Property
Upon final payment of all outstanding invoices, the Intellectual Property rights of the specific bespoke code and visual assets created for the Client are fully transferred to the Client. 4orty Digital retains the right to use non-confidential elements of the final build for portfolio and marketing purposes unless a strict Non-Disclosure Agreement (NDA) is signed prior to commencement.
7. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising in relation to these Terms shall be subject to the exclusive jurisdiction of the English courts.