About us & definitions
1.1 Who we are
Mortar & Pixel is the trading name of Jamie Walker, a sole trader providing web design, website hosting, and related digital services to businesses in West Yorkshire and beyond. Our principal place of business is in Brighouse, West Yorkshire, England. Our contact email is [email protected] and our website is https://mortarandpixel.co.uk.
1.2 Definitions
In these terms, the following words have the meanings set out below:
| Term | Meaning |
|---|---|
| "we", "us", "our" | Jamie Walker, trading as Mortar & Pixel |
| "you", "your", "Client" | The individual or business engaging our services |
| "Agreement" | The contract formed between us and you, incorporating these terms, any accepted Quote, and any Project Brief |
| "Quote" | A written proposal issued by us setting out the scope, deliverables, timelines, and fixed price for a specific project |
| "Project Brief" | The document (however titled) recording your requirements, preferences, and any specific instructions agreed between us before or during a project. In the absence of a formal Project Brief, the accepted Quote and any written communications form the record of agreed requirements. |
| "Project" | The specific website design, build, or related work described in the accepted Quote |
| "Deliverables" | The website, pages, assets, or other materials produced by us under an Agreement |
| "Client Content" | All text, images, logos, data, and other materials provided by you for use in the Project |
| "Services" | Website design and build, website hosting, care plans, and related digital services as described in our Quote |
| "Commencement of Work" | The point at which we begin any design, development, or preparatory work on your project, including but not limited to research, wireframing, design concepts, or written drafts. Receipt of your deposit does not by itself constitute Commencement of Work. |
| "Working Days" | Monday to Friday, excluding UK public holidays and any notified business closures |
Acceptance of these terms
2.1 How an Agreement is formed
A binding Agreement between us is formed when you:
- accept a Quote in writing (including by email or message), and
- pay the required deposit as set out in Section 5.
No work will commence until both conditions are satisfied. The submission of an enquiry form or an initial conversation does not constitute an Agreement.
2.2 Business clients
Our services are intended for businesses, sole traders, and other organisations, not consumers acting in a personal capacity. By accepting these terms, you confirm that you are engaging our services for business purposes. Where you engage us as a consumer, your statutory rights under the Consumer Rights Act 2015 are not affected by these terms.
2.3 Authority to contract
If you are entering into this Agreement on behalf of a company, partnership, or other organisation, you confirm that you have authority to do so and to bind that entity to these terms. You agree to indemnify us against any claim or loss arising from a failure of authority.
2.4 Changes to these terms
We may update these terms from time to time. The version in force at the time you accept a Quote is the version that governs that Agreement. Material changes will be notified to active hosting and care plan clients by email at least 30 days before they take effect. Continued use of our services after that date constitutes acceptance of the revised terms.
2.5 Assignment
You may not assign, transfer, or sub-contract any of your rights or obligations under an Agreement to any third party without our prior written consent. We may assign or transfer our obligations under an Agreement to a suitably qualified successor or subcontractor, provided that the standard of service is not materially diminished, and we notify you in writing.
Our services
3.1 Website design and build
We design and build websites as described in the accepted Quote. All projects are scoped and priced before work begins. The scope, number of pages, included revisions, and delivery timeline are as set out in the Quote. Any work requested beyond the agreed scope will be treated as a change request (see Section 6.5).
3.2 Subcontracting and use of tools
We may use third-party tools, software, artificial intelligence platforms, and subcontractors in the delivery of our services. Any subcontractor engaged by us will be bound by obligations of confidentiality and quality no less protective than those in these terms. We remain responsible to you for the delivery of the Deliverables regardless of whether any subcontractor or tool is used. We will not disclose your confidential information to any subcontractor beyond what is strictly necessary.
3.3 Website hosting and care plans
Where you purchase a hosting or care plan, we will provide the services described for that plan on an ongoing monthly basis. Hosting services are provided via Netlify, a third-party platform. By engaging our hosting services, you acknowledge that your website will be hosted on Netlify's infrastructure and subject to Netlify's own terms of service and acceptable use policies, available at netlify.com/legal/terms-of-use.
3.4 Additional services
Add-on services (including logo design, copywriting, online shop setup, booking system integration, and additional location pages) are available as described on our website and in our Quotes. These are governed by these terms unless a separate written agreement is provided.
3.5 No guarantee of specific results
We will use reasonable skill and care in providing our services. However, we cannot guarantee specific outcomes, including but not limited to search engine rankings, website traffic levels, conversion rates, or the continued availability of any third-party platform or service. SEO results depend on many factors outside our control, including search engine algorithm changes, competitor activity, and your business's broader digital footprint. Any indicative projections or examples given during a sales conversation are illustrative only and do not form part of the Agreement.
3.6 Service availability — hosting
We aim to provide a reliable hosting service but do not guarantee 100% uptime. Downtime may occur due to scheduled maintenance, third-party infrastructure failures (including Netlify), or factors beyond our reasonable control. We will endeavour to notify you of planned maintenance in advance. In the event of unplanned downtime caused by circumstances within our control, our liability is limited as set out in Section 12.
3.7 Data backup
Where we provide hosting services, we perform daily backups of your website as part of the hosting service. Backups are stored for a minimum of 7 days. In the event of data loss caused by circumstances within our control, we will use reasonable endeavours to restore your website from the most recent available backup. We are not liable for any loss of data caused by Netlify's infrastructure failure, your own actions, or third-party attack, except to the extent we have failed to take reasonable precautions.
Quotes and ordering
4.1 Quote validity
Quotes are valid for 30 days from the date of issue unless otherwise stated. After this period, we reserve the right to re-quote. Prices may change at any time for new Quotes but will not change for an accepted and deposited project.
4.2 Quote scope
Each Quote sets out the specific deliverables, number of pages, revision rounds, included features, and delivery timeline for your project. The Quote, together with any Project Brief and these terms, forms the entire scope of the Agreement. Please review your Quote carefully before accepting. If anything is unclear, contact us at [email protected] before accepting.
4.3 Pricing displayed on our website
Package prices displayed on our website are indicative starting prices. The final price for your project will be set out in your individual Quote, which may vary based on your specific requirements. All prices are in pounds sterling (GBP) and are exclusive of VAT. We are not currently VAT registered. Should we become VAT registered, we will give you not less than 30 days' written notice, and VAT will be added to invoices from the date of registration. Prices displayed on our website do not include third-party costs such as domain registration, payment processor fees, booking platform subscriptions, or ICO registration, which are payable directly by you to the relevant provider.
4.4 Price for hosting and care plans
Monthly hosting and care plan prices are as set out in the current pricing published on our website at the time of sign-up, confirmed in writing at the point of purchase. We reserve the right to adjust monthly plan prices on not less than 30 days' written notice. If you do not wish to continue at the adjusted price, you may terminate the plan in accordance with Section 13.2.
Payment terms
5.1 Deposit
A 50% deposit of the total project fee is required before work begins. No work will commence, and no project slot will be reserved, until the deposit is received and cleared. The deposit is non-refundable once Commencement of Work has occurred, as defined in Section 1.2. For the avoidance of doubt, we will confirm in writing when Commencement of Work has occurred if any dispute arises.
5.2 Final payment
The remaining balance (50% of the total project fee) is due upon completion of the project, before the website is transferred to your hosting, made live, or any login credentials or source files are handed over. "Completion" means the website has been through all agreed revision rounds and you have confirmed your approval in writing (including by email or message). Where written approval is not provided within 14 days of our notification that the project is ready for review, we reserve the right to treat the project as approved and request payment of the final balance.
5.3 Payment method
Payments are to be made by bank transfer to the account details provided on our invoice. We do not currently accept credit or debit card payments. Invoices should be paid within 7 days of the invoice date unless otherwise agreed in writing. A payment is only considered received when cleared funds have arrived in our bank account. We are not responsible for delays caused by banking systems or failed transfers, and the payment obligation remains yours until cleared funds are received.
5.4 Late payment
If payment is not received by the due date, we reserve the right to:
- suspend work on the project until payment is received;
- withhold delivery of the completed website and all associated files;
- charge interest on overdue amounts at 8% per annum above the Bank of England base rate, calculated daily from the due date, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998;
- recover reasonable debt recovery costs incurred in pursuing payment.
5.5 Monthly hosting and care plan billing
Monthly plans are billed in advance on or around the same date each month. Payment is due within 7 days of the invoice date. If payment is not received, we reserve the right to suspend hosting services after giving 14 days' written notice. Suspended services may result in your website becoming temporarily inaccessible. We will not be liable for any losses arising from suspension caused by your failure to pay.
5.6 Disputed invoices
If you believe an invoice is incorrect, you must notify us in writing within 7 days of the invoice date, specifying the amount in dispute and the reason. Undisputed amounts remain due on the normal payment terms. We will endeavour to resolve any invoice dispute within 14 Working Days of receiving your written notice.
5.7 Taxes
You are responsible for any taxes applicable to your business arising from your use of our services. We are responsible for our own tax obligations as a sole trader.
Project delivery
6.1 Delivery timelines
Indicative delivery timelines are set out in our Quotes and on our website. These timelines are estimates, not guarantees, and are contingent on your timely provision of Client Content and feedback (see Section 7). Timelines begin from the date the deposit is received and all required Client Content is provided in full. We will not be liable for any delays caused by circumstances outside our reasonable control, including delays caused by you.
6.2 Client Content delays
If you do not provide required Client Content within 14 days of our written request, we reserve the right to reschedule your project slot. Rescheduled projects will be allocated the next available slot, which may affect the originally quoted delivery date. We will not be liable for delays caused by your failure to provide content or feedback in a timely manner.
6.3 Revisions
The number of revision rounds included is as set out in your Quote. A "revision round" means one consolidated set of changes communicated by you in a single written message or document. We will not be obliged to action changes communicated verbally unless confirmed in writing. Additional revision rounds beyond those included in your Quote will be charged at our standard hourly rate of £75 per hour, and will be agreed and invoiced separately before work proceeds.
6.4 Approval and sign-off
Before the website goes live, we will ask for your written sign-off (by email or message). Once sign-off is given, the project is considered complete and the final balance becomes due. Any changes requested after sign-off will be treated as a new instruction and will be charged separately. Sign-off given by any authorised representative of your business is binding on you.
6.5 Change requests and scope changes
If you request changes to the scope of your project after the Agreement is formed, we will provide a written change request detailing any additional cost and timeline impact. Work on the change will not begin until the change request is accepted by you in writing. We reserve the right to decline change requests that we reasonably consider to fall substantially outside the original scope. Acceptance of a change request constitutes a variation to the Agreement.
6.6 Project abandonment
If a project is inactive for 60 consecutive days due to your failure to provide content, feedback, or otherwise engage with the project, we reserve the right to treat the project as abandoned. We will give you 14 days' written notice of our intention to treat the project as abandoned before doing so. If the project is treated as abandoned, the deposit will be retained to cover work already completed, and the Agreement will terminate. Any work completed to the date of abandonment becomes our property until all outstanding amounts are paid. Should you wish to restart the project, a new Quote and deposit will be required.
6.7 Launch and go-live
We will make the completed website live once full payment has been received and you have given written sign-off. Where you have purchased hosting through us, we will handle the technical go-live process. Where you are self-hosting or using a third-party host, we will provide the necessary files and reasonable guidance, but we cannot accept responsibility for delays or issues arising from your hosting arrangement. Risk in the Deliverables passes to you on go-live or on delivery of files to you, whichever is earlier.
Client responsibilities
7.1 Accuracy of information
You are responsible for ensuring that all information, content, and materials you provide to us are accurate, complete, lawful, and up to date. We will use the information you provide in good faith and are not responsible for errors, omissions, or legal issues arising from inaccurate, incomplete, or unlawful Client Content.
7.2 Client Content — ownership and permissions
By providing Client Content to us, you warrant and confirm that:
- you own the content or have the full right to use it for the purpose of your website;
- use of the content on your website will not infringe any third-party intellectual property rights, privacy rights, data protection obligations, or applicable law;
- you have obtained all necessary permissions, licences, and consents from individuals whose personal data, image, or work appears in the Client Content;
- you will indemnify us and hold us harmless from and against any claims, losses, damages, costs (including legal costs), and liabilities arising from our use of your Client Content as instructed by you.
7.3 Compliance with law — your website
You are solely responsible for ensuring that your website, its content, and the manner in which you operate your business through it comply with all applicable laws and regulations, including but not limited to:
- the Consumer Rights Act 2015 and consumer protection legislation;
- the Advertising Standards Authority's CAP Code;
- the UK GDPR and Data Protection Act 2018, including maintaining a compliant Privacy Policy and Cookie Policy and any required consent mechanisms;
- food safety, licensing, and trading standards requirements relevant to your trade;
- any sector-specific regulation applicable to your business.
We are a web design service provider and are not your legal adviser. We may alert you to obvious compliance gaps as a courtesy but we assume no responsibility for advising on or ensuring your legal compliance.
7.4 Registration obligations
You acknowledge that it is your responsibility to register with the Information Commissioner's Office (ICO) as a data controller if you collect personal data through your website. ICO registration is a legal requirement under the Data Protection (Charges and Information) Regulations 2018. We will provide guidance on this as a courtesy but we are not responsible for ensuring you complete registration.
7.5 Lawful use
You agree not to use any website we build or host for purposes that are unlawful, harmful, fraudulent, defamatory, or in breach of any applicable law or regulation. We reserve the right to suspend or terminate our services immediately if we become aware of any such use, without liability to you for any loss arising from suspension.
7.6 Credentials and access
Where we provide login credentials or access details for your website, CMS, or hosting account, you are responsible for keeping these secure from the moment of receipt. We recommend changing any passwords we provide as soon as practicable. We cannot be held responsible for unauthorised access, data breach, or any losses resulting from your failure to secure your credentials or from credentials you share with third parties.
7.7 Timely responses
You agree to respond to requests for feedback, approvals, content, or decisions within the timescales set out in Section 6. Delays on your part may affect delivery timelines and may result in your project slot being forfeited. We will not be liable for delays, missed deadlines, or consequences arising from your failure to respond in a timely manner.
Intellectual property
8.1 Ownership of Deliverables
Upon receipt of full cleared payment of all sums due under the relevant Agreement, we assign to you all intellectual property rights in the bespoke elements of the Deliverables created specifically for your project (including custom design, custom code, and written content created by us for you). Until full payment is received, all intellectual property rights in the Deliverables remain vested in us and you have no right to use, copy, or exploit them.
8.2 Licence pending payment
Where we display or reference the Deliverables (for example, in our portfolio) prior to full payment being received, we do so under our retained ownership. We grant you a limited, non-exclusive, non-transferable licence to use any Deliverables handed over prior to full payment solely for review and approval purposes. This licence does not permit you to publish, distribute, or commercially exploit the Deliverables until full payment is received.
8.3 Our warranty regarding IP
We warrant that, to the best of our knowledge and belief, the bespoke elements of the Deliverables created by us do not infringe any third-party intellectual property rights. Where we use third-party assets (including stock photography, fonts, frameworks, or open-source code), we will do so in accordance with the applicable licences. We will notify you if any third-party licence imposes restrictions on your use of the Deliverables.
8.4 Third-party components
Your website may incorporate third-party components including themes, plugins, frameworks, fonts, stock images, and open-source code. These are subject to their own licences, which we will use in a manner consistent with those licences. We do not assign rights in third-party components — you receive the benefit of the applicable licence only. A list of significant third-party components used in your project is available on request.
8.5 Our tools and working methods
We retain ownership of our own working methods, processes, templates, tools, and any pre-existing intellectual property. Nothing in these terms transfers our proprietary methods or pre-existing intellectual property to you.
8.6 Portfolio and promotional use
Unless you notify us in writing before the project begins, we reserve the right to display your completed website as part of our portfolio, on our website, and in our promotional materials. We will not share any confidential business information in doing so. You may withdraw this permission at any time by written request, in which case we will remove the relevant materials within a reasonable time, except where they have already been published in printed materials.
8.7 Client Content
You retain full ownership of all Client Content you provide. You grant us a non-exclusive licence to use your Client Content solely for the purposes of delivering the Services under this Agreement. This licence terminates on completion of the Agreement or earlier termination, save that we may retain a copy of Client Content for the period required by law or our record-keeping obligations.
Confidentiality
9.1 Our obligations
We will keep confidential any non-public information you share with us in connection with your project, including business plans, pricing strategies, customer data, and commercially sensitive information. We will not disclose such information to third parties without your consent, except as required by law, or as strictly necessary to deliver the Services (for example, sharing limited information with Netlify to provision hosting, or with a subcontractor under an obligation of confidentiality).
9.2 Your obligations
You agree to keep confidential any non-public information we share with you, including our pricing structures, working methods, supplier relationships, and any proprietary materials or processes. You will not reproduce or share our materials with any third party without our prior written consent.
9.3 Duration
Confidentiality obligations survive termination or expiry of the Agreement for a period of 3 years from the date of termination or completion.
9.4 Exceptions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party before disclosure; (c) is independently developed by the receiving party without reference to the confidential information; or (d) is required to be disclosed by law, regulation, or court order, provided that the disclosing party gives the other as much advance notice as practicable.
Third-party services
10.1 Netlify (hosting)
Our hosting services are delivered via Netlify, Inc. By using our hosting plans, you acknowledge that your website and data will be processed by Netlify in accordance with their terms of service and privacy policy. We are not responsible for any service interruptions, data loss, or other issues arising directly from Netlify's infrastructure, provided we have taken reasonable steps to configure and manage your hosting appropriately. If Netlify materially changes, discontinues, or restricts its services, we will use reasonable endeavours to migrate your website to a comparable hosting provider with reasonable notice to you.
10.2 Google Analytics
Where Google Analytics is installed on your website (included in the Pro package), this constitutes data processing activity under UK GDPR. You, as the website owner, are the data controller for data collected through Google Analytics on your website. You are solely responsible for:
- having a compliant Privacy Policy and Cookie Policy on your website that discloses the use of Google Analytics;
- obtaining valid cookie consent from your website visitors before any analytics cookies are placed, as required by PECR 2003;
- configuring and maintaining Google Analytics in a manner consistent with your obligations as data controller.
We will install and configure Google Analytics as instructed, but we are not responsible for your ongoing compliance obligations as data controller and we accept no liability for any ICO enforcement action, fines, or claims arising from your failure to comply with data protection law in relation to your website.
10.3 Payment processors
Where we integrate a payment processor (such as Stripe, PayPal, or Square) into your website, that payment processor operates under its own terms of service and collects data directly from your customers as an independent data controller or processor. You are responsible for ensuring your customers are made aware of the payment processor's terms and privacy practices. We are not responsible for any failures, errors, or security incidents arising from the payment processor's systems. Transaction fees charged by payment processors are set by them and are payable by you directly.
10.4 Booking systems
Where we integrate a third-party booking system into your website, that platform operates under its own terms of service. Any subscription fees, transaction fees, or charges levied by the booking platform are payable by you directly to that provider. We are not responsible for the availability, functionality, or data practices of any booking platform once integrated.
10.5 Domain registration
Where we register a domain on your behalf, the domain will be registered in your name and you will be the legal registrant. We act as your agent for registration purposes only. Domain registration is subject to the terms of the relevant registrar. Annual renewal fees are your responsibility unless you have purchased our domain management add-on. We will endeavour to notify you of approaching renewal dates but we accept no liability for domain expiry resulting from your failure to pay renewal fees.
10.6 Links and integrations
We are not responsible for the content, availability, security, or practices of any third-party websites, services, or platforms linked to or integrated with your website, including social media platforms, booking systems, review platforms, or payment providers.
Data protection and privacy
11.1 UK GDPR compliance
We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Our Privacy Policy, available at mortarandpixel.co.uk/privacy, sets out full details of how we collect, use, store, and protect personal data.
11.2 Data we collect from clients
In the course of providing our services, we collect and process personal data about you and your contacts (including name, email address, phone number, and business information) for the purposes of delivering the project, communicating with you, and managing our business relationship. We retain this data as follows:
- Enquiries that do not proceed to a project: deleted within 12 months of the last contact;
- Project files, communications, and briefs: retained for 6 years after project completion, in accordance with the Limitation Act 1980;
- Invoices and payment records: retained for 6 years as required by HMRC;
- Hosting client data (site files and credentials): retained for the duration of the hosting contract and deleted from our systems within 30 days of cancellation or termination.
11.3 Your website and data protection
You are solely responsible for ensuring your website complies with applicable data protection law, including having a compliant Privacy Policy, Cookie Policy, and appropriate consent mechanisms for any data you collect from your website visitors. We can supply template documents and guidance as part of our service, but we are not acting as your data protection officer, compliance adviser, or legal adviser, and we accept no liability for any regulatory action arising from your website's data practices.
11.4 Data processor clause
To the extent that we process personal data on your behalf (for example, in managing your website's enquiry form data during a care plan), we act as a data processor and you act as the data controller. In such cases, we will: process data only as instructed by you; implement appropriate technical and organisational security measures; not transfer data to third parties except as necessary to provide the service; notify you without undue delay if we become aware of a personal data breach affecting your data.
Limitation of liability
12.1 What we do not exclude
Nothing in these terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any liability that cannot be lawfully excluded or limited.
12.2 Indirect and consequential loss
Subject to Section 12.1, we will not be liable for any indirect, consequential, special, or incidental loss or damage arising out of or in connection with our services or these terms, including but not limited to:
- loss of profit, revenue, business, or contracts;
- loss of anticipated savings;
- loss of or corruption of data;
- damage to reputation or goodwill;
- loss arising from third-party service failures (including Netlify downtime, Google algorithm changes, or payment processor errors);
- loss arising from your failure to comply with data protection, consumer, or trading law;
- loss arising from your failure to renew your domain registration or ICO registration.
12.3 Cap on liability
Subject to Section 12.1, our total aggregate liability to you under or in connection with any Agreement — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total fees actually paid by you to us under the relevant Agreement in the 12 months preceding the event giving rise to the claim.
12.4 Time limit for claims
Any claim by you against us must be brought within 12 months of the date on which you became aware (or should reasonably have become aware) of the circumstances giving rise to the claim. Claims brought after this period are absolutely time-barred, save where this conflicts with applicable law.
12.5 Reasonableness
You acknowledge that the limitations in this Section 12 are reasonable having regard to the nature of the services provided and the fees charged. As a sole trader providing services at competitive prices, our ability to absorb unlimited liability is necessarily limited. You are advised to maintain appropriate business insurance to cover risks beyond what we are contractually able to cover.
Termination
13.1 Termination by you — website build
You may cancel a website build project at any time by notifying us in writing. If cancellation occurs:
- Before Commencement of Work: the deposit will be refunded in full within 14 days.
- After Commencement of Work but before completion: the deposit will be retained to cover work already completed. If the value of work completed reasonably exceeds the deposit, we reserve the right to invoice for additional time at £75 per hour, net of the deposit already paid. We will provide a written breakdown of time incurred on request.
- After sign-off but before payment of the final balance: the full balance remains due and payable immediately.
13.2 Termination by you — monthly hosting and care plans
Monthly hosting and care plans can be cancelled by giving us at least 30 days' written notice. You will continue to have access to the service during the notice period. No refunds are given for part-months already paid. The Essential plan has no minimum term. The Care plan has no minimum term. The Growth Care plan has a minimum term of 3 months, after which it can be cancelled on 30 days' notice.
13.3 Termination by us
We may terminate an Agreement by written notice with immediate effect if:
- you are in material breach of these terms and have not remedied that breach within 14 days of written notice from us specifying the breach;
- you fail to pay any undisputed invoice within 30 days of its due date;
- you use our services for unlawful, abusive, harmful, or fraudulent purposes;
- you become insolvent, enter administration, enter into a voluntary arrangement with creditors, or are the subject of a bankruptcy petition or order.
13.4 Consequences of termination
On termination for any reason:
- all outstanding invoices become immediately due and payable;
- we will provide you with a copy of any completed Deliverables to the point of termination, subject to payment of all outstanding amounts;
- where hosting services are terminated, we will give you 30 days to migrate your website before it is taken offline, except where we terminate for unlawful use, in which case we may take the website offline immediately;
- each party will return or certify destruction of the other's confidential information on request;
- the following provisions survive termination: Sections 5 (outstanding payments), 8 (intellectual property), 9 (confidentiality), 11 (data protection), 12 (liability), and 14.
13.5 Force majeure longstop
If a force majeure event (as described in Section 14.6) prevents either party from performing their material obligations for a continuous period exceeding 60 days, either party may terminate the Agreement on written notice. In such a case, you will pay for all work completed to the date of termination and we will return any advance payment that relates to work not yet commenced.
General provisions
14.1 Entire agreement
These terms, together with the accepted Quote and any Project Brief, constitute the entire agreement between us in relation to the Services and supersede all prior discussions, representations, warranties, and agreements, whether oral or written. Neither party has relied on any representation, warranty, or statement not expressly set out in these terms or the Quote.
14.2 Variation
No variation to these terms or to an accepted Quote is effective unless agreed in writing by both parties. Email confirmation from an authorised representative of each party is sufficient for this purpose.
14.3 Waiver
A failure or delay by either party in exercising any right under these terms does not constitute a waiver of that right. No single or partial exercise of a right precludes any further exercise of that right or any other right.
14.4 Severability
If any provision of these terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, that provision shall be severed. The remaining provisions shall continue in full force and effect.
14.5 No partnership or agency
Nothing in these terms creates a partnership, joint venture, employment, or agency relationship between us. We are an independent contractor. Neither party has authority to bind the other contractually.
14.6 Force majeure
Neither party will be liable for failure or delay in performing obligations under these terms where that failure or delay results from events beyond their reasonable control, including natural disasters, acts of God, pandemic or epidemic, war, terrorism, civil unrest, power failures, internet service provider failures, cyberattacks, or changes in law or government action. The affected party will notify the other as soon as reasonably practicable and use reasonable endeavours to resume performance. See Section 13.5 for the longstop termination right.
14.7 Complaints and alternative dispute resolution
We take complaints seriously. If you are unhappy with our service, please contact us in the first instance at [email protected]. We will acknowledge your complaint within 2 Working Days and aim to resolve it within 14 Working Days. Where a complaint cannot be resolved through direct negotiation, both parties agree to attempt resolution through a recognised alternative dispute resolution (ADR) scheme before commencing formal legal proceedings. We are willing to use the Centre for Effective Dispute Resolution (CEDR) or any other mutually agreed ADR provider.
14.8 Governing law and jurisdiction
These terms and any Agreement formed under them, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes and pre-contractual negotiations), are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.
14.9 Rights of third parties
A person who is not a party to these terms has no right to enforce any provision under the Contracts (Rights of Third Parties) Act 1999, except that any permitted successor or assignee of either party may enforce these terms as if named herein.
14.10 Notices
Notices under these terms shall be in writing. Email to [email protected] is sufficient for routine correspondence and change requests. Any notice exercising a right of termination, claim, or legal entitlement must be clearly marked as a formal notice and sent by email with a request for written acknowledgement of receipt. Notices are deemed received when the sender receives a read receipt or written acknowledgement.
These terms were last updated in June 2026. Mortar & Pixel is the trading name of Jamie Walker, sole trader, Brighouse, West Yorkshire, England.