Terms &
Conditions.

Agreement to Our Terms

These Terms and Conditions govern the provision of services by We Are Visionary ("WAV", "we", "us" or "our") to customers ("Client", "you" or "your").

They apply to website development, website design, WordPress services, eCommerce projects, website hosting, maintenance, technical support, subscriptions and related digital services.

By placing an order, accepting a quotation, signing an agreement or completing an online checkout that clearly presents these terms, you agree to the applicable contractual conditions.

Any individually agreed written quotation or service agreement will take precedence over conflicting provisions in these general terms to the extent of that conflict.

Mandatory statutory rights are not excluded or restricted by these terms.

Who We Are

We Are Visionary is a trading brand operated by Onlyfish Digital Media Group Limited, company number 17376876.

Website: https://wearevisionary.co.uk/

Email: hello@wearevisionary.co.uk

Postal correspondence only:
Riverside, Fox's Marina
The Strand, Wherstead
Ipswich, United Kingdom
IP2 8NJ

Company registration: Companies House .

Our Services and Packages

WAV provides a range of digital services, including one-off website projects, ongoing hosting and managed website services.

These are the currently stated standard package prices. The final price and deliverables for an order are those shown in the accepted quotation, order confirmation or checkout.

The applicable checkout or quotation will state whether any taxes are included or added and whether recurring charges apply.

Package features, included pages, initial products, revisions and technical allowances are limited to the scope advertised or agreed at purchase.

Pricing and Quotations

Published prices apply only to the services and allowances expressly described within the relevant package.

A project requiring additional design, functionality, integrations, resources or specialist work may require a separate quotation.

Custom quotations will identify the relevant deliverables, fees, payment schedule and material assumptions.

Unless otherwise agreed in writing, quotations are valid for 30 days. Any material change in requirements may require a revised quotation.

WAV will not treat additional work as included merely because it is related to the original project.

Work outside the agreed scope requires separate authorisation and may be charged at an agreed fixed fee, hourly rate or additional recurring charge.

Payment Terms

One-Off Projects Purchased Online

Standard one-off website packages purchased through WAV's online checkout are payable in full upfront through Stripe unless expressly stated otherwise.

Payment is required before project commencement and allocation of development resources.

Individually Quoted Projects

Unless a different schedule is agreed in writing, bespoke projects quoted outside our standard online checkout are payable in the following stages:

The specific milestones should be confirmed in the project quotation. Payment stages are not dependent on unrelated requests for additional functionality or work outside scope.

Recurring Payments

Monthly services are payable in advance through the agreed payment method, normally Stripe, on the scheduled billing date.

By purchasing a recurring service, the Client authorises the agreed recurring charges, including any subsequently approved variations.

Overdue Payments

Where payment becomes overdue, WAV may issue reminders and, after reasonable notice where appropriate, suspend non-essential work or affected services.

We may seek to recover reasonable and lawful costs associated with overdue business debts.

Any suspension or termination remains subject to applicable law and the specific contract.

Project Timescales and Revisions

Estimated completion dates are provided in good faith and may depend on the complexity of the project and the Client's cooperation.

The Client must provide required content, branding, images, login credentials, feedback and approvals within reasonably requested timescales.

Delays caused by missing information, repeated changes, third-party suppliers or matters outside WAV's reasonable control may extend delivery times.

Revisions are limited to the number and type expressly included in the package or quotation.

A revision means a reasonable adjustment to work within the originally agreed scope. A substantial redesign, new feature or change in project direction is not an included revision.

WAV will notify the Client where requested changes require additional fees or revised delivery dates.

Work Outside the Agreed Scope

Package prices and quotations cover only the services expressly included. Additional work is chargeable separately.

Examples of out-of-scope work include, without limitation:

• Additional website pages or landing pages.
• Additional WooCommerce products or categories.
• Custom booking engines or reservation systems.
• Membership platforms or customer portals.
• Specialist eCommerce functionality.
• Custom API integrations and third-party connections.
• Advanced automations and bespoke workflows.
• Custom databases or business applications.
• Specialist animation and interactive elements.
• Additional SEO campaigns or copywriting.
• Professional photography, video or graphics.
• Content entry beyond the included allowance.
• Extensive website or email migrations.
• Complex malware recovery or forensic investigation.
• Repairing damage caused by unauthorised changes.
• Accessibility audits and specialist remediation.
• Compliance consultancy or specialist legal integrations.
• Major redesigns or new functionality after approval.
• Urgent or unusually complex technical work.
• Any other work not included in the accepted scope.

Additional work will be quoted or otherwise agreed before chargeable work proceeds.

Where a requested change affects recurring hosting or maintenance requirements, a separate recurring price adjustment may also be proposed.

Domains, Plugins and External Charges

Unless expressly included in writing, the following are not included in WAV's standard development or maintenance prices:

• Domain name registration and renewals.
• Premium WordPress plugins and licences.
• Paid WordPress themes and extensions.
• Third-party software subscriptions.
• Payment processor transaction fees.
• Premium APIs and external service usage.
• Specialist security products and licences.
• Premium email or business mailbox services.
• High-volume email sending platforms.
• Additional storage, bandwidth or server capacity.
• Content delivery networks or specialist infrastructure.
• Stock images, fonts and licensed creative assets.
• External consultants or specialist contractors.

Some third-party products require ongoing subscriptions to remain functional or receive updates.

Such fees remain the Client's responsibility unless explicitly included in the agreed service.

WAV is not responsible for independent supplier price changes, discontinued products or alterations to third-party functionality beyond its control.

We will inform the Client of material additional costs requiring approval.

The 36-Month Premium Contract

The initial term begins on the service commencement date identified in the order confirmation or written agreement.

The Client agrees to maintain the service and pay the agreed monthly charges throughout the 36-month minimum term, subject to applicable statutory rights and the express provisions of the agreement.

The contract is not a month-to-month arrangement during its initial minimum term.

A change of business plans, reduced website usage, a decision to use another supplier or dissatisfaction unrelated to a contractual failure does not automatically entitle a business Client to cancel the minimum commitment without financial consequences.

A request for early release may be considered by WAV at its discretion, subject to a written settlement agreed between the parties.

Any early termination settlement will take account of the remaining contractual commitment, services already delivered, unavoidable third-party costs, reasonable savings and applicable law.

Nothing in this section removes a right to terminate for WAV's material breach, where legally available, or any mandatory consumer cancellation or other statutory rights.

A minimum-term subscription does not guarantee unlimited development work, unlimited hosting capacity or unrestricted third-party expenditure.

Contract Renewal and Notice

To end the Premium service at the conclusion of its initial 36-month term, the Client should provide written notice at least one calendar month before the final scheduled payment of that term.

Notice should be sent to hello@wearevisionary.co.uk and should identify the customer account and service.

WAV will acknowledge receipt and confirm the applicable service end date.

If no valid termination notice is received, the agreement will continue after the initial term on a rolling monthly basis, rather than automatically restarting a further 36-month minimum term.

During the rolling period, either party may terminate by providing one calendar month's written notice, subject to any mandatory statutory rights.

Renewal pricing may be reviewed to reflect changes in hosting, software, licensing, infrastructure, staffing or other service delivery costs.

WAV will provide reasonable advance written notice of proposed renewal price changes.

The Client may choose not to renew if the revised renewal pricing is not acceptable.

Where required by law, WAV will provide appropriate renewal reminders and cancellation information.

Hosting Capacity and Server Upgrades

Standard and Premium package pricing assumes that a website operates within the reasonable hosting resources allocated to the agreed service.

A website's requirements may increase as it grows. This can include greater traffic, storage, processing demand, database usage, transactions or technical complexity.

Examples of circumstances requiring additional resources include:

• Significant increases in website traffic.
• Large WooCommerce product catalogues.
• High volumes of simultaneous customers.
• Resource-intensive plugins or applications.
• Large media libraries or databases.
• Complex membership or booking systems.
• Heavy automated processing or API usage.
• Additional security or isolation requirements.
• Dedicated, VPS or specialist server requirements.

Such requirements may fall outside the standard hosting allowance included within a Premium package.

WAV is not obliged to provide unlimited server capacity or absorb disproportionate infrastructure costs within a fixed package price.

Changes During the 36-Month Term

Where additional infrastructure becomes reasonably necessary, WAV may propose an upgrade during the initial contract term.

We will explain the reason, proposed service changes, additional recurring cost and intended implementation date.

The Client must approve any additional recurring charges before they are added to the existing payment arrangement.

Once approved, the revised recurring amount may be collected through the Client's existing payment method, subject to payment provider requirements.

If an Upgrade Is Declined

If the Client does not approve a necessary upgrade, WAV may be unable to guarantee the same performance or functionality beyond the original resource allocation.

We will discuss reasonable alternatives, which may include optimisation, reducing resource usage, changing service scope or agreeing an orderly migration or termination.

Any continuing contractual obligations or settlement will be determined fairly in accordance with the agreement and applicable law.

WAV remains responsible for exercising reasonable care and skill in providing contracted services. This clause does not exclude liability for WAV's own breach or negligence.

Website Maintenance and Technical Support

Maintenance services cover the activities expressly identified within the relevant package or service agreement.

Depending on the package, these may include updates, backups, monitoring, security checks, maintenance and reasonable technical assistance.

Maintenance does not automatically include unlimited development, unlimited emergency work, new functionality or extensive third-party troubleshooting.

Response and resolution times may vary according to severity, complexity, working arrangements and supplier dependencies.

Any specific service-level commitment must be expressly stated in the relevant written agreement.

Client Responsibilities

The Client agrees to cooperate reasonably with WAV and provide the information necessary to deliver the services.

The Client is responsible for:

• Providing accurate project instructions.
• Supplying content and assets they are entitled to use.
• Responding to reasonable approval requests.
• Paying invoices when due.
• Maintaining lawful website content.
• Obtaining necessary business licences and permissions.
• Providing appropriate privacy notices and customer terms.
• Protecting account credentials.
• Notifying WAV of material changes affecting service requirements.
• Refraining from unauthorised or harmful system modifications.

The Client must not use WAV's infrastructure for unlawful activities, malware distribution, unauthorised access, abusive communications or activities that materially threaten service security.

When We May Suspend or Terminate Services

WAV reserves the right to suspend or terminate an agreement where there is a serious contractual breach, unlawful conduct, significant security risk or other legally justifiable reason.

Examples may include:

• Persistent non-payment following appropriate notice.
• Fraudulent payment activity or chargeback abuse.
• Threats, harassment or abusive conduct towards staff.
• Discriminatory abuse or intimidation.
• Repeated refusal to provide essential cooperation.
• Deliberate interference with WAV systems.
• Distribution of malware or malicious software.
• Illegal content or unlawful use of hosting services.
• Serious intellectual property infringement.
• Misuse of servers that threatens other customers.
• Deliberately misleading project or billing information.
• Unauthorised access to systems or other security violations.
• Repeated serious breaches after reasonable warnings.
• Conduct that makes lawful or safe delivery impossible.

Notice and Opportunity to Remedy

Where the breach can reasonably be corrected, WAV will ordinarily provide written notice and a reasonable opportunity to remedy it.

Immediate suspension may be necessary where there is an urgent security threat, unlawful activity or serious risk to personnel or systems.

Payments Following Termination

Where termination results from the Client's serious breach, fees already earned for properly delivered services are not automatically refundable.

WAV may recover outstanding charges and reasonable losses arising from the breach, subject to applicable law.

Termination does not automatically entitle the Client to a refund for completed development, consumed hosting, purchased licences or other properly supplied services.

Any prepaid fees for services not supplied will be assessed in accordance with the circumstances, the agreement and mandatory legal rights.

This section does not permit WAV to retain payments unlawfully or exclude remedies for its own breach.

Refunds, Cancellation and Early Termination

One-Off Projects

Website design and development involve allocation of specialist time, resources and project planning.

Once work has commenced, refunds are not automatically available merely because the Client changes their mind or no longer wishes to proceed.

Any refund or payment adjustment will take account of work completed, committed third-party costs, contractual obligations and applicable statutory rights.

Premium Subscriptions

Premium subscriptions carry a 36-month minimum commitment.

Business Clients cannot ordinarily end that commitment early solely for convenience without addressing the agreed contractual financial obligations.

Where early termination is agreed, any settlement must be reasonable, proportionate and recorded in writing.

Consumer Cancellation Rights

Where the Client is legally acting as a consumer rather than a business, mandatory consumer cancellation rights will apply.

Qualifying distance service contracts may carry a statutory 14-day cancellation period.

If a consumer expressly requests that services begin during the cancellation period, they may be required to pay a proportionate amount for services properly supplied before cancellation, where the legal conditions are satisfied.

Separate rules may apply to digital content, including consent and acknowledgement requirements.

Nothing in these terms removes rights or remedies that cannot lawfully be excluded.

Intellectual Property and Website Ownership

The Client retains ownership of content, trademarks and materials they lawfully supply to WAV.

Unless otherwise agreed, rights to bespoke deliverables created specifically for the Client will transfer or be licensed as described in the accepted quotation or project agreement.

Any agreed transfer of ownership may be conditional on payment of all relevant outstanding fees.

WAV retains ownership of its pre-existing methods, tools, templates, libraries, processes and proprietary materials.

Third-party software, themes, plugins and open-source components remain subject to their respective licence conditions.

Unless expressly included, the Client does not acquire ownership of WAV's hosting infrastructure or third-party platforms.

Domain Names and Third-Party Services

Domain names are registered and renewed subject to the relevant registry and registrar rules.

Unless otherwise agreed, domain registration and renewal fees are additional charges.

Where a domain is registered on the Client's behalf, the parties should identify the registered holder and management responsibilities.

The Client is responsible for maintaining accurate registrant information and paying agreed renewal charges.

WAV cannot guarantee the continued availability or functionality of independent third-party services.

Supplier changes, discontinued software or additional licensing requirements may require separate work or charges.

Security, Backups and Availability

WAV will use reasonable care and skill when delivering hosting, maintenance and security services.

We may use third-party infrastructure providers and technical suppliers in providing those services.

No hosting platform or security system can guarantee uninterrupted availability or complete protection from every cyber threat.

Backups, monitoring, recovery services and restoration times are limited to the agreed package and applicable service specifications.

Clients should maintain independent copies of important business records where appropriate.

Any guaranteed uptime, recovery time or backup frequency must be expressly agreed in writing.

Liability and Service Limitations

WAV will provide contracted services with reasonable care and skill.

We are not responsible for losses caused solely by inaccurate Client instructions, unlawful Client content, unauthorised third-party changes or events outside our reasonable control, except where applicable law provides otherwise.

For business Clients, liability for indirect or consequential commercial losses may be limited to the extent permitted by law and subject to the specific agreement.

Nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.

Consumer statutory rights and remedies remain unaffected.

Privacy and Data Processing

WAV processes personal information in accordance with applicable UK data protection law.

Our Privacy Policy explains our use of customer information, payments, analytics, advertising technologies and service providers.

Where WAV processes personal data on behalf of a Client, appropriate data processing arrangements will apply where legally required.

Clients remain responsible for their own privacy notices and lawful processing activities where they act as data controllers.

Please see our Privacy Policy .

Complaints and Dispute Resolution

If a Client has a concern about services, invoices or contractual obligations, they should contact WAV promptly.

We will seek to investigate complaints fairly and provide an appropriate response.

Both parties agree to make reasonable efforts to resolve contractual disputes through direct communication before commencing legal proceedings, where appropriate.

This does not prevent either party from seeking urgent legal remedies or exercising statutory rights.

General Contractual Provisions

Changes to Terms

WAV may update these general terms for future orders and renewals.

Changes to an existing agreement that materially affect the Client's rights or obligations will require an appropriate contractual basis, notice or agreement.

Severability

If a provision is found invalid or unenforceable, the remaining provisions will continue to apply where legally possible.

Entire Agreement

The accepted order, quotation, applicable service schedule, these terms and any agreed amendments form the relevant contractual arrangement.

Governing Law

These terms are governed by the laws of England and Wales, subject to any mandatory protections or jurisdictional rights applicable to consumers.

Events Outside Reasonable Control

Neither party will be responsible for delays caused by circumstances outside its reasonable control, subject to applicable law and any agreed obligations to mitigate disruption.