2nd Fix Terms and Conditions

2nd Fix provides managed digital services for businesses. Depending upon the package purchased, these services may include:

• Website design and development.
• Website hosting.
• Domain registration and management.
• Business email configuration and management.
• Website updates and maintenance.
• Search engine and analytics configuration.
• Artificial intelligence tools and services.
• Automated enquiries, forms, communications and workflows.
• Third-party software and integrations.
• Ongoing technical support.

The precise services included will be those described in the quotation, order, proposal or package purchased by the customer.

Services not expressly included may be charged separately.

Where a setup fee applies, it must be paid before work begins unless we agree otherwise in writing.

Recurring services are charged as an annual subscription, payable yearly in advance.

Recurring charges are payable in advance.

The customer authorises 2nd Fix to collect recurring charges using the payment method provided.

If a payment fails, we may attempt to collect the payment again.

We may change our recurring prices by giving at least 30 days' notice. Any change will take effect from the next applicable billing period following that notice.

If an invoice or subscription payment remains unpaid, we may suspend some or all services until the outstanding balance has been paid.

This may include suspension of:

• Website hosting.
• Website editing or maintenance.
• Business email services managed by us.
• AI or automation services.
• Software integrations.
• Technical support.

We will normally provide reasonable notice before suspending services, unless immediate suspension is required to protect our systems, suppliers or other customers.

Suspension does not cancel amounts already due.

Where services remain unpaid for more than 30 days, we may terminate the account and remove hosted services.

Unless a quotation or order states otherwise, subscription services are supplied on a minimum term of 12 months from the start of the service.

The customer remains responsible for the charges covering that minimum term of 12 months, even where the service is cancelled earlier.

After the minimum term has expired, the subscription will renew annually until cancelled.

Customers may cancel a subscription by giving 30 days' written notice, to take effect at the end of the current 12 month subscription period.

Cancellation does not entitle the customer to a refund of charges already paid for the current billing period.

Services will normally continue until the end of the paid period.

Any outstanding invoices or other sums owed to 2nd Fix remain payable following cancellation.

When the customer's subscription ends, 2nd Fix is no longer required to provide hosting, maintenance, technical support, software licences, AI services, integrations or other managed services included within the subscription.

The customer is responsible for arranging replacement services before their 2nd Fix service ends.

Where reasonably practicable, we will cooperate with a customer's migration to another supplier.

Standard migration assistance may be provided where it requires only a reasonable administrative handover. More substantial migration, redevelopment, data conversion, technical consultancy or supplier liaison may be chargeable.

Once all agreed setup charges and outstanding invoices have been paid, the customer owns the bespoke written content, logos, images and other materials that they supplied to us.

Where 2nd Fix has created bespoke website content specifically for the customer as part of a paid project, the customer may continue to use that content following cancellation unless otherwise stated in the quotation.

2nd Fix retains ownership of its underlying technology, development tools, reusable components, templates, software, libraries, processes, automation frameworks, prompts, integrations and other intellectual property used to produce or operate the service.

The customer does not acquire ownership of the 2nd Fix platform, hosting infrastructure or reusable software merely because those systems have been used to provide their website.

Where technically practicable, a customer leaving 2nd Fix may request an export of website content that belongs to them.

The precise form of export will depend upon the technology used to operate the website.

We do not guarantee that a website can be transferred to another hosting provider in precisely the same technical form, particularly where it depends upon 2nd Fix infrastructure, proprietary components, managed automation or third-party services.

Where a complete technical migration is requested, we may quote separately for that work.

Where a domain name is registered specifically for a customer and the customer has paid the applicable registration charges, the domain will be treated as belonging to the customer.

2nd Fix may administer the domain on the customer's behalf while services remain active.

If the customer leaves, we will provide reasonable assistance to transfer control of the domain, provided that:

• The customer's account is fully paid.
• The domain is eligible for transfer.
• There is no contractual, legal or registry restriction preventing transfer.

Domain registration and renewal charges already incurred are non-refundable.

The customer remains responsible for ensuring that their domain does not infringe another person's trade mark or other rights.

Where we provide or manage business email, the service may depend upon Microsoft, Google or another third-party provider.

Email accounts, storage limits, retention and functionality may therefore also be subject to the terms of the relevant provider.

When a 2nd Fix subscription ends, email services supplied through that subscription may also end.

Customers requiring continued email service must make suitable arrangements before cancellation.

We may charge for migration or transfer work where substantial technical assistance is required.

Some 2nd Fix services may use artificial intelligence, automated decision systems or third-party AI services.

AI-generated material may contain errors, omissions or inaccurate information.

Customers remain responsible for reviewing important business information before relying upon or publishing it.

Automated systems may assist with activities such as enquiries, appointment requests, customer communications, content creation and administrative processes. We do not guarantee that every automated action will be successful or error-free.

Where AI or automation services depend upon third-party providers, their availability and functionality may change without our control.

We may replace or modify an underlying provider where reasonably necessary to maintain the service.

Our services may incorporate products provided by other companies, including hosting providers, domain registries, payment processors, email providers, analytics providers, AI companies, software platforms and other technology suppliers.

We are not responsible for failures caused exclusively by a third-party provider that are outside our reasonable control.

Where a third-party product is discontinued, materially changed or increased in price, we may modify the service or charges accordingly.

The customer must:

• Provide accurate information required to build and operate their services.
• Ensure that material supplied to us can lawfully be used.
• Keep passwords and account credentials secure.
• Notify us promptly of suspected security problems.
• Review information published on their website for accuracy.
• Comply with applicable laws relating to their business and website.
• Maintain any licences, registrations or permissions required for their business.

The customer is responsible for statements concerning their own products, prices, services, qualifications, accreditations and guarantees.

Reasonable website amendments may be included within certain managed packages.

The amount and nature of included work will depend upon the package purchased.

Large redesigns, new functionality, substantial content creation, integrations or development work may be quoted separately.

We may refuse changes which are unlawful, technically unreasonable, insecure or outside the scope of the service.

We aim to provide reliable hosting but cannot guarantee uninterrupted availability.

Websites may occasionally become unavailable because of maintenance, software failures, internet outages, cyber attacks, supplier failures or circumstances outside our reasonable control.

Where maintenance is required, we will attempt to minimise disruption.

We take reasonable technical and organisational precautions to protect systems operated by us.

No internet-connected service can be guaranteed to be completely secure.

Customers must cooperate with reasonable security requirements, including password changes, multi-factor authentication and software or configuration updates where appropriate.

Where backup services are included, backups are intended primarily for disaster recovery and operational purposes.

Customers should not treat 2nd Fix as the sole permanent archive for important business records.

We do not guarantee indefinite retention of deleted website content, emails or customer information.

The customer grants 2nd Fix permission to use, process, copy and host content supplied by the customer to the extent necessary to provide the services.

The customer confirms that they have the necessary rights to any text, photographs, logos, videos or other material supplied to us.

We may remove material where we reasonably believe that it is unlawful, malicious, infringing or presents a security risk.

Where we provide search engine optimisation, Google Business Profile assistance, analytics, advertising support or similar services, we cannot guarantee rankings, enquiry volumes, sales, leads or revenue.

Search engines and advertising platforms operate independently and may change their algorithms, policies and services at any time.

Each party must comply with applicable UK data protection legislation.

Where 2nd Fix processes personal information on the customer's behalf, we will process that information only as reasonably necessary to provide the contracted services and in accordance with applicable data protection requirements.

Further information concerning how 2nd Fix uses personal information is contained in our Privacy Policy.

Customers must not use our services to:

• Break the law.
• Distribute malicious software.
• Conduct phishing or fraudulent activities.
• Infringe intellectual property rights.
• Send unlawful unsolicited communications.
• Attempt unauthorised access to systems or data.
• Host material which could reasonably expose 2nd Fix or its infrastructure to regulatory, security or reputational harm.

We may immediately suspend services where necessary to protect our systems, customers or suppliers.

Nothing in these Terms excludes liability which cannot lawfully be excluded.

Subject to that restriction, 2nd Fix will not be responsible for indirect or consequential losses, loss of anticipated profit, loss of business opportunity, loss of goodwill or losses arising from matters outside our reasonable control.

Our total liability arising from the services will ordinarily be limited to the total amount paid by the customer to 2nd Fix during the 12 months immediately preceding the event giving rise to the claim.

We will not be responsible for delay or failure caused by circumstances outside our reasonable control, including failures of internet infrastructure, cloud providers, telecommunications networks, utilities, third-party software providers, cyber attacks, industrial action, natural disasters or governmental action.

Technology changes quickly and we may update the infrastructure, software, suppliers, hosting platform or technical architecture used to provide our services.

We may make reasonable changes where they do not materially reduce the principal service purchased by the customer.

We may update these Terms from time to time.

Where a change materially affects an existing customer's service or obligations, we will provide reasonable notice.

Continued use of the service after the new terms take effect constitutes acceptance of the revised Terms.

We may terminate services where:

• Charges remain unpaid.
• The customer materially breaches these Terms.
• The service is being used unlawfully.
• The customer creates a significant security risk.
• Continued provision of the service has become technically or commercially impracticable.

Where reasonably possible, we will provide notice and an opportunity to remedy the issue before termination.

These Terms are governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction in relation to disputes arising from these Terms.

Questions relating to these Terms or a customer's service should be sent through the contact details published at 2ndfix.ai.