1. General
These terms and conditions (the “Terms and Conditions”) govern the use of Freshwave.co.uk (the “Site”) PART A and contracting with Freshwave PART B.
This Site is owned and operated by Adrian Beaven-Smith. This Site is the web page for Freshwave, a provider of information technology and online services, including but not limited to website design and hosting & online and hardware customer support.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to always abide by them. This is set out in PART A.
These terms and conditions also set out our conditions for entering into a contract contracting with Freshwave. PART B. By agreeing to contract with Freshwave to provide you with services you agree to the terms and conditions set out in PART B which form the basis of our contract with you. These include payment terms and conditions, so it is important that you read these.
Part A THE WEBSITE:
2. Intellectual Property
All content published and made available on Freshwave.co.uk, referred to hereafter as ‘the’ or ‘our’ Site, is the property of Adrian Beaven-Smith the Site’s creator. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
3. Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age. Freshwave can only contract with clients who are a minimum of 18 years old
4. Acceptable Use of our Site
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
If we believe you are using our website illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site and we reserve the right to cease trading with you.
5. Acceptable behaviour in liaising with and/or trading with Freshwave
In contacting Freshwave and in trading with Freshwave you agree to the following:
You will NOT
• Harass or mistreat Freshwave’s owner, staff or volunteers or violate their Rights.
• Infringe Freshwave’s intellectual property rights or the rights of any third party with whom Freshwave may be working to fulfil their contract with you.
• Hack into the account of Freshwave, any Freshwave customers or third parties with whom Freshwave contracts.
• Act in any way that could be considered fraudulent or illegal
Freshwave reserves the right to cease trading with you if you breach any of the above conditions which may have an additional impact of immediate suspension of your services where legal action is deemed necessary or illegal activity is suspected.
6. Limitation of Liability
Adrian Beaven-Smith and Freshwave’s employees, volunteers, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
7. Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Adrian Beaven-Smith and Freshwave’s employees and volunteers and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
8. Applicable Law
These Terms and Conditions are governed by the laws of England and the United Kingdom.
9. Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
10. Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. Please regularly check the website accordingly.
PART B TRADING AND CONTRACTING WITH FRESHWAVE
Glossary of key terms:
Billing / Billed: this means when you are formally charged via an Invoice, for services and products relating to the services and products you have requested; or which were necessary for us to acquire to fulfil your request.
Invoice/Invoicing: this means a document you will be e mailed setting out the amount you currently owe Freshwave ‘Us’ which is payable within 7 days of the invoice date. Multiple invoices may be attached to the service request depending upon when those amounts become due for payment.
Ad-hoc work: This is a term we use for work commissioned by the customer from Freshwave, which is not covered by any other service package or provision that is already in place.
Terms and Conditions: These are the things you ‘the customer’ must agree to if you wish to do business with Freshwave, ‘Us’. These will form the basis of how we carry out our side of the contract and how you have agreed to carry out yours. This includes paying in the manner requested on the dates requested within the payment window specified by the terms and conditions. Trading with us indicates acceptance of these terms and conditions.
11. Provision of Services and Products and Payment for Services:
Freshwave offers a number of services, including but not limited to, website design, website and e mail hosting, e commerce design and support, domain name purchase and renewal, technical updates and maintenance contracts, software and hardware support, remotely and where necessary, on site. This includes ‘ad-hoc work’ – see definitions above. All correspondence from Freshwave is by e mail including invoicing for payment. It is your responsibility to check your provided e mail address regularly and update us in writing by e mail with any change of email address or nominated person.
When you ask Freshwave to provide a service for you, the offer will be explained to you and the service and cost will be communicated to you, confirmed in writing via e mail.
When you accept the offer, you indicate acceptance of the costs and services provision set out in the email. With that acceptance you will have entered a contract with Freshwave, for costs incurred by Freshwave, for time or for services, which will become payable, in respect of the services we have agreed to provide you. If you wish to cancel your contract you will be billed for any work and financial outlay incurred so far on your behalf.
Payment terms and the account to pay into are listed on the footer of your invoice. Time is billed at an hourly rate in segments of 15, 30, 45 and 60 minutes and multiples upwards. For example, 2 hours 15 minutes.
When you request a new website or a website refresh from us, an estimate of costs will be communicated to you in writing. Providing an estimate helps us keep costs to you as low as reasonably possible, at the level of the work needed and supplied. It is not possible to give an exact cost for the final site, only an indicative one, because sometimes, things change. For example, customers are sometimes inspired by unfolding work into requesting further upgrades or a new type of site feature or third party software subscription. For example, migrating an old site that isn’t ours into a new site and hosting pot can occasionally encounter significant technical difficulties – if that site for example – has been poorly managed or not kept updated; this may require a number of hours of additional work to sort out for you. For example, a customer may view the draft site, prepared to their specification and decide on viewing, that they now want something different, which is a significant extra amount of work. A customer may initially agree to provide content but on reflection, ask us to source or write that content for them. As such, we provide an estimate for the cost, which is not a quote.
Payment for new websites and website refreshes, is due upon delivery of the draft website for approval. Included within that invoice, will be up to 7 hours of inclusive labour charges to make any edits and changes you may wish to request. Any significant edits taking over this time are charged transparently per 15 minutes in line with all ad-hoc works and may be charged on an additional invoice.
Technical and maintenance contracts, software renewals, domain renewals and hosting packages are billed a calendar month in advance, and you are required to pay for these services in advance. If you do not do so and the renewal date passes, you are not able to change your mind or cancel a domain name for example, even if you no longer want it. This is why we invoice you in advance, to give you time to reflect on your current package and update us with any changes. If you no longer require a service, or a product, you must advise us at your earliest convenience and always 30 days in advance of the expiry date for your product or service.
Once you have been invoiced the following payment terms apply.
You must make payment by bank transfer or by cheque within 7 days of being invoiced.
Cash payments can be made by arrangement but for your protection these must be made in person to a member of Freshwave, not by post.
Your invoice will contain the account details and addresses relevant to payment. These may change so your invoice will be the reference point.
Payment should be made within 7 days of the invoice date. INVOICES OUTSTANDING AFTER 30 DAYS MAY BE SUBJECT TO INTEREST BEING CHARGED at 8% plus Bank of England base rate at Freshwave’s discretion.
Unable to pay / temporary difficulties in payment: We understand that sometimes life and business ups and downs can cause temporary challenges. If you are unable to settle your account, you must contact Freshwave so that we can assist, if necessary, agree any payment plan at our discretion, and ensure we do not incur further costs on your behalf that you may not be able to meet. We always work with businesses who may be experiencing temporary challenges, so long as there is prompt and regular contact.
Unsettled accounts carry a risk of service withdrawal which may affect your business, and this impact may be significant in terms of your ability to trade. Freshwave accepts no liability for any losses incurred by your business as a result of any service withdrawal by us, if you do not settle your overdue account after 30 days from the invoice date, or before any service renewal anniversary, whichever is sooner. Communication from you if you are unable to meet the payment terms is therefore essential, so that we may work with you to consider any options Freshwave may choose to offer at our discretion. Trading with Freshwave indicates acceptance of these payment terms and all of the Terms and Conditions listed on this website / in this document where it has been made available to you by other format.
12. Cancellation:
You can cancel anytime, using the procedure set out below and understanding that when you cancel and how, can affect what you charge you remain liable for, if any.
Freshwave will always preference business continuity in renewals of existing services for you, in the absence of any communication stating that you wish to cancel. This is because withdrawing a service or stopping a website could have adverse effects on your ability to trade and your income. As such if you do not tell us to stop a service, we will assume you wish to keep it going. This can involve Freshwave purchasing services and products in good faith at renewal times on your behalf.
If you do wish to cancel any renewable services or products you must advise Freshwave a month in advance of the renewal date. Once the renewal date is past, if you have not asked us to cancel, you will remain liable for the year’s provision even if you no longer wish to maintain it. Trading with Freshwave indicates acceptance of these cancellation terms.
If you cancel a website before it is completed and made live, you will be invoiced for the time spent to date on your project and any outlay on products or software purchased on your behalf. The same principal applies to other projects and ad-hoc work you have commissioned us to carry out.
If you cancel a monthly maintenance or technical contract without giving at least one months’ notice, you will be liable for the whole of that month.
13. Dispute Resolution:
If Freshwave is in error in our service provision, we will endeavour to put that right at our own cost. If we are unable to do so, and the fault lies solely with us, we will waive any related charges we may have made to you, relating to our error only. All other aspects of service provision delivered without fault, will still become or remain liable.
We cannot accept responsibility for any errors made by third parties in connection with your website or online activity, for example Microsoft or Google or WordPress. You should refer to any third party’s website for their complaints procedure.
If you are unhappy with any of our decisions, please talk to us.
We value customer loyalty and would always want to seek a resolution and maintain positive working relationships. We have many customers who have been with us for many years and this, we hope, reflects our commitment to working with small businesses in a hands-on way. At Freshwave, you will always be able to speak to a person if you need or want to. We do not operate an online only system as we recognise that many of our customers value and need to be able to talk things through to define what they really need for their business or to understand some of the more complex navigation in online goods and services.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
+44 7960 885 912
info@freshwave.co.uk
Last updated: v2.2 13/07/2026