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Welcome to 
Design. These Terms and Conditions of Service ("Terms") govern your use of the website operated by X7 Design ("the Company," "we," "us," or "our") and the supply of creative, digital, and professional services listed below. By accessing or using our website, or by engaging us for Services, you agree to be bound by these Terms.
In these Terms, the following words have the following meanings:
| Term | Definition |
| Client | The person, firm, or company who engages the Company for Services. |
| Company | X7 Design, registered in England (if applicable), whose registered address is in the UK. |
| Services | The professional services provided by the Company, including (1) Website Designing and Developing, (2) Application Design and Development, (3) Graphic Design, (4) Video Editing, and (5) SEO Services. |
| Initial Cost | The deposit payment required from the Client before the commencement of any Project work, as specified in the Proposal. |
| Proposal/SOW | The formal, written statement of work, quote, or project proposal issued by the Company and accepted by the Client, detailing the specific Services, timelines, fees, and milestones. |
| Project | The specific body of work undertaken by the Company for the Client as defined in the Proposal/SOW. |
| Client Materials | Any content, images, logos, personal information, data, or documentation provided by the Client to the Company. |
| Deliverables | All final work products provided to the Client under the Project, including websites, applications, design files, videos, or SEO reports. |
2.1. Website Use: These Terms govern your general use of our website, x7design.com. The website is primarily a platform for showcasing our Services and generating leads.
2.2. Formal Contract Formation: No binding contract for the supply of Services (a "Project") is formed solely through the initial contact, enquiry, or submission of Client Materials via the website. A binding contract for a Project will only be formed when:
(a) The Company issues a written Proposal/SOW detailing the scope, fees, and timelines.
(b) The Client accepts the Proposal/SOW in writing (including email) and pays the required Initial Cost.
2.3. Supersedence: The terms and conditions set out in the accepted Proposal/SOW shall take precedence over these general Terms where there is any conflict regarding the scope, fees, or timelines of a specific Project.
2.4. UK Jurisdiction: As the Company is based in England, these Terms and all subsequent Project contracts shall be governed by and construed in accordance with the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales.
3.1. Initial Cost (Deposit): Before any Project commences, the Client must pay the Initial Cost specified in the Proposal/SOW. The Initial Cost is a non-refundable retainer for securing the Company’s time and resources and will be deducted from the total Project Fee.
(a) The Company reserves the right to refuse or delay the start of any work until the Initial Cost is received in cleared funds.
(b) If the Project is terminated by the Client before completion, the Initial Cost shall be retained by the Company.
3.2. Final Payment: The remainder of the Project Fee (the "Final Balance") will be invoiced upon the completion or delivery of the final Deliverables, as defined in the Proposal/SOW.
(a) Payment of the Final Balance is due within 14 calendar days of the invoice date.
(b) The Client agrees that the final Deliverables will not be formally transferred or deployed until the Final Balance is paid in full.
3.3. Late Payment: We understand and reserve the right to exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if payment is not received by the due date. This interest will be charged at 8% above the Bank of England base rate, along with a compensation fee for debt recovery costs.
3.4. Currency: All payments must be made in UK Pounds Sterling (£) unless otherwise agreed in the Proposal/SOW.
4.1. Provision of Client Materials: The Client must provide all necessary Client Materials (including text, images, logos, and required personal data) in a timely, complete, and suitable format for use in the Project.
(a) The Company’s ability to meet any agreed Project deadlines is entirely dependent on the Client’s prompt provision of all required materials and feedback. Delays caused by the Client may result in timeline adjustments and potential additional charges.
4.2. Authority to Use Materials: The Client warrants and represents that they own or have obtained all necessary licenses, permissions, and rights to use the Client Materials, including any images or personal data, and that their use by the Company in the Project will not infringe the intellectual property rights of any third party. The Client shall indemnify the Company against any claim, costs, or damages arising from a breach of this warranty.
4.3. Approvals: The Client is responsible for final proofreading and approval of all Deliverables (e.g., website drafts, graphic designs, video cuts) before final deployment. The Company is not responsible for errors found after the Client has provided final written approval.
5.1. Company’s Retained IPR: Unless otherwise agreed in the Proposal/SOW, all intellectual property rights in any materials developed by the Company prior to or independently of the Project (e.g., source code libraries, specific tools, development frameworks) shall remain the property of the Company.
5.2. Project IPR Transfer: Upon full and final payment of all invoices relating to the Project, the Company shall assign all Intellectual Property Rights in the Deliverables (e.g., the specific visual design, custom code, final edited video) to the Client, subject to the Client's continued compliance with these Terms.
5.3. No Transfer Before Payment: The Client acknowledges that, notwithstanding any physical delivery of drafts or files, ownership of all Deliverables (and the right to use them) remains with the Company until the Final Balance is paid in full. If the Client uses any Deliverables before full payment, this constitutes a material breach of contract.
6.1. Data Controller Status: The Company acts as the Data Controller in relation to the Client’s personal data collected via the website and for the purposes of managing the business relationship and Project contract.
6.2. Data Collected: The Company collects and processes personal data including, but not limited to, the Client's full name, phone number, email address, personal image, and business logo ("Client Personal Data").
6.3. Lawful Basis and Purpose: The lawful basis for processing Client Personal Data is primarily:
(a) Performance of Contract: Necessary for the negotiation, formation, and execution of the Project contract.
(b) Legitimate Interests: Necessary for internal administrative purposes, account management, and legal compliance.
6.4. Data Retention Policy (Yearly Deletion): In compliance with the UK GDPR principle of Storage Limitation (Article 5), the Company has established a retention schedule:
(a) Deletion Schedule: All Client Personal Data collected for lead generation and Project management purposes shall be reviewed and, where possible, securely deleted or anonymised on a yearly cycle following the completion or termination of the Project.
(b) Legal Exception: The Client acknowledges that the Company may be legally required to retain certain financial, contractual, or tax-related records for a longer statutory period (typically up to six years after the relevant tax year) as mandated by UK law. Such legally required data will be retained separately and securely, and this requirement overrides the yearly deletion commitment for those specific documents
6.5. Privacy Policy: Full details on how we collect, store, and process personal data, including the Client’s rights under UK GDPR, are set out in our separate Privacy Policy, which is incorporated into these Terms by reference.
7.1. Company Warranty: The Company warrants that the Services will be provided with reasonable care and skill, and the Deliverables will substantially conform to the specifications set out in the Proposal/SOW.
7.2. Exclusions of Liability: We shall not be liable to the Client for any losses arising from:
(a) The use of the Deliverables by the Client for purposes not specified in the Proposal/SOW.
(b) Failure of the Client to provide complete, accurate, or suitable Client Materials or timely feedback.
(c) Loss of business, loss of profit, loss of anticipated savings, loss of revenue, or any indirect, consequential, or special loss or damage whatsoever.
7.3. Limitation of Liability: Subject to Clause 7.4, the Company’s total aggregate liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Project or these Terms shall in all circumstances be limited to the total fees paid by the Client to the Company for the specific Project giving rise to the claim.
7.4. Uncapped Liability: Nothing in these Terms shall limit or exclude the Company’s liability for:
(a) Death or personal injury caused by our negligence.
(b) Fraud or fraudulent misrepresentation.
(c) Any other liability that cannot be excluded or limited under UK law (including the Consumer Rights Act 2015, where applicable).
7.5. SEO Service Disclaimer: The Client acknowledges that the Company makes no guarantee regarding specific search engine rankings or traffic levels for SEO Services. SEO outcomes are dependent on third-party search engine policies and cannot be guaranteed.
8.1. Termination for Cause: Either party may terminate a Project contract immediately by written notice if the other party:
(a) Commits a material or persistent breach of these Terms or the Proposal/SOW which is not remedied within 14 days of receiving written notice to do so.
(b) Is unable to pay its debts, becomes insolvent, or is subject to an administration order.
8.2. Consequences of Termination: Upon termination of a Project contract for any reason:
(a) The Client shall immediately pay any outstanding Final Balance or fees for work completed up to the date of termination.
(b) If the Company terminates due to Client breach, the Initial Cost shall be retained by the Company, and the Client must pay any costs exceeding the Initial Cost for work completed.
(c) The Client must immediately cease using any incomplete or unapproved Deliverables.
9.1. The Company reserves the right to update or change these Terms at any time. Any changes will be posted on this page with an updated "Last Updated" date. We encourage Clients to review these Terms periodically.
