1. Introduction and Parties
These Terms of Service ("Terms") govern the relationship between BIGBROWSER LTD, a Private Limited Company registered in the United Kingdom under company number 17024040, with its registered office at 86-90 Paul Street, Hackney, London EC2A 4NE, United Kingdom ("we", "us", "the Agency"), and the Client ("you", "the Client"). By purchasing our Website-as-a-Service (WaaS) subscription or our upfront web design packages, you explicitly agree to these Terms.
2. Service Scope, Maintenance, and 12-Month Minimum Commitment
Our WaaS subscription model allows clients to receive a fully designed and developed website, along with premium hosting and comprehensive maintenance, with the initial costs spread over a year. Your monthly fee during this first year fully covers these ongoing maintenance services. Because of this upfront investment in design and development on our part, all new WaaS subscriptions require a strict, non-cancellable minimum commitment of twelve (12) months (the "Initial Term").
3. Early Termination Policy (Acceleration Clause)
The monthly fee provided under the WaaS model is a heavily discounted rate contingent upon the full 12-month commitment. If you choose to cancel the service, revoke payment authorization, or default on payments before the expiration of the Initial Term, the entire remaining balance of the 12-month contract will become immediately due and payable as an Early Termination Fee.
4. Post-Term Subscription ($20 Hosting Only)
Upon the successful completion and full payment of the 12-month Initial Term, your monthly subscription will automatically decrease to $20 per month. Please note that this reduced fee covers ongoing website hosting only. Comprehensive maintenance is no longer included after the first year and requires a separate maintenance plan. This post-term hosting subscription operates on a month-to-month basis and can be canceled at any time without penalty.
5. Alternative: Upfront Payment (Pay-in-Full)
- No Minimum Commitment: The 12-month minimum commitment and Early Termination Fees do not apply.
- Included Maintenance: The upfront payment includes premium hosting and comprehensive maintenance for the first twelve (12) months following the website launch.
- Post-Year 1 Hosting: After the first 12 months, a separate hosting subscription of $20 per month will automatically commence (covering hosting only, as detailed in Section 4).
6. Intellectual Property and Ownership
- During the Initial Term (WaaS): The Agency retains full ownership of the website's design, code, structure, and architecture. You retain full ownership of any pre-existing materials you provide (e.g., logos, text, images). If the agreement is terminated early, the website will not be transferred to you and will be taken offline.
- After the Initial Term / Upfront Payment: Once the 12-month Initial Term is fully paid, or upon full payment of an upfront package, complete ownership of the final website (excluding any proprietary Agency tools) transfers to you.
- Hosting Cancellation: If you cancel your $20/month hosting subscription after the first year, it is your responsibility to migrate the website. The Agency will provide a standard backup file but will not perform the migration to your new host.
7. Consumer Rights & Right of Withdrawal Waiver (For B2C Clients)
If you are purchasing our services as a consumer (B2C), you acknowledge that our digital content and web design services commence immediately upon signup. By accepting these Terms at checkout, you expressly consent to the immediate performance of the contract and irrevocably waive any statutory right of withdrawal or 14-day cooling-off period (including under EU/UK consumer protection laws) so that work on your website can begin without delay.
8. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.