Terms of service

Last updated 14 October 2026

These terms are the agreement between you and Cherry Digital. They apply together with the prices on our pricing page and anything else we have agreed with you in writing, such as a quote. Together, these are the whole agreement.

Who this is for

Our service is for businesses, including sole traders, charities and people setting up a new business. By signing up you confirm you are acting for business purposes and not as a consumer.

What you're buying

A monthly subscription covering the design, build, hosting and ongoing maintenance of a website, plus the additional services listed for your tier. Tiers and prices are on the pricing page. We are not VAT-registered, so no VAT is added to our prices.

Minimum term and cancelling

No payment is due before your website goes live. Nothing is charged while we build it, and there is no deposit. Your first payment is taken on the day the site goes live, and the three-month minimum term starts from that date.

You can give notice to cancel at any time from the start of your third month. The service ends at the end of the month in which you give notice, and you pay nothing after that. There is no notice period, no exit fee and no final invoice.

When the site counts as live

The site goes live, and billing starts, on the day you tell us to publish it. If we have delivered a second round of revisions and have not had the changes or the approval we need to carry on, we may treat the site as ready to publish fourteen days later, and we will tell you in writing before we do. This exists so that “nothing to pay until it’s live” has an end point. In practice we would far rather finish the work than use it.

What we need from you

Content, images and prompt answers to questions. Some tasks, including Google Business Profile verification, require action from you personally and cannot be completed on your behalf. Delays in providing these will delay your launch.

Your content and acceptable use

You confirm that you own, or have permission to use, everything you give us to put on your website or send through your email, including text, photos, logos and product details. If someone makes a claim against us because you did not have those rights, you agree to cover our reasonable costs of dealing with it.

You must not use the website or email we provide for anything unlawful, to infringe anyone else’s rights, to send spam, or to distribute malicious software. Microsoft mailboxes are also subject to Microsoft’s own acceptable use rules.

We may suspend a site or mailbox straight away if it is putting other clients or our systems at risk, if it has been compromised, or if we reasonably believe it contains unlawful content. We will tell you as soon as we can, explain why, and restore it once the problem is fixed.

Changes and fair use

Content changes are included at the response times stated for your tier. Those response times are working hours, Monday to Friday, excluding public holidays. Monitoring runs continuously and we will act on anything that takes a site offline whenever it happens, but we do not offer a contractual out-of-hours response time.

Changes on Start are for occasional updates, such as new photos, a new service or a new page. If you need content changed regularly, such as prices or offers, we will suggest Grow, where you can update those yourself.

A full redesign, or new custom functionality, is quoted separately and agreed before any work starts. One-off extras listed on the pricing page are charged with your next monthly payment.

Taking payments

On the Sell tier, or where we add a pay button to your site, we build and run the parts of your site that take money — a shop, bookings, memberships, tickets, deposits or similar — but what you sell is your business. You are responsible for your own terms of sale, cancellation and refund policy, descriptions, prices and availability, and for complying with consumer law when you sell. Your payment processor account is held in your name and governed by that processor’s terms. We are not a party to any sale between you and your customers.

Who owns what

You own, and always owned: your domain name, your business name and logo, all text and images you supply, and your Google Business Profile and any other third-party accounts held in your name. These are yours to take at any time.

We own the website itself — the design, the code and the configuration — for as long as you subscribe. You have a licence to use it while your subscription is active.

You may buy the website outright at any time for £500 (Start), £1,000 (Grow) or £1,500 (Sell). On payment, ownership of your site’s bespoke design and code transfers to you, and we give you a full copy to host wherever you choose. Buying the site also ends your subscription, so our hosting, email and support end with it, as described under “What happens when you leave”, and no further fees are due to us. Your site will also contain code and components we use across many sites; you receive a permanent, free licence to keep using those as part of your site, and we keep ownership of them. Third-party parts such as open-source software and fonts stay under their own licences.

What happens when you leave

Unless you have bought the site outright, we take it offline on your final day and keep a copy for thirty days in case you change your mind, after which it is deleted. Your domain remains yours and you may point it wherever you wish. We will not hold your domain, content or accounts.

Your email keeps working until your final day. We will help you export your mailboxes or move them to an account in your name, and for thirty days after you leave we will still do this on request. After that, the mailboxes and their contents are deleted.

Email and Microsoft pricing

Start includes one Microsoft mailbox, Grow two and Sell three. Extra mailboxes and upgrades to Microsoft 365 plans are charged at the prices on the pricing page, on top of your tier. Microsoft sets its own prices; if it raises them we may change ours, and we will give you at least thirty days' notice in writing before we do. If you prefer, we will forward your email to an existing inbox instead of providing a Microsoft mailbox.

Payment

Fees are billed monthly in advance. If a payment fails we will contact you before taking any action. Persistent non-payment may result in suspension after written notice.

Ending the service from our side

We may end the service if you seriously break these terms and do not put it right within fourteen days of our telling you, or if payment is more than thirty days overdue after written notice. We may also stop providing the service for any reason by giving you at least sixty days’ notice. If we do that, we will help you move your site and email elsewhere, and you will not be held to any remaining minimum term.

Backups and your data

We back up every site daily and test that the backups restore. If data is lost, our responsibility is to restore it from the most recent backup. Please keep your own copies of anything you could not afford to lose, such as original photos and documents.

Uptime and liability

We target 99.9% uptime and monitor continuously, but we do not guarantee uninterrupted service.

Our total liability to you under or in connection with this agreement is limited to the fees you have paid in the three months before the claim arose. We are not liable for lost profit, lost revenue, lost business or goodwill, or any indirect or consequential loss.

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

Events outside our control

We are not responsible for delays or failures caused by events beyond our reasonable control, such as a failure at a major provider we rely on, a widespread internet outage, a cyber attack we could not reasonably have prevented, or extreme weather. We will tell you, keep you updated, and do what we reasonably can to limit the effect.

Data processing

When we host your website and email, we handle personal data on your behalf: for example, messages sent through your contact form, your customers’ orders and bookings on the Sell tier, and your staff’s mailboxes. For that data you are the controller and we are your processor, and this section is our data processing agreement under Article 28 of UK GDPR.

• What and why: we process the personal data your website and email collect or hold — typically names, contact details, messages, order and account details of your customers, enquirers and staff — for as long as we provide the service, and only in order to provide it.
• Your instructions: we process it only on your documented instructions, which include these terms and requests you make to us in writing, unless the law requires otherwise. We will tell you if we think an instruction breaks data protection law.
• Confidentiality: everyone at Cherry Digital who can access it is bound to keep it confidential.
• Security: we protect it with appropriate technical and organisational measures, including encryption in transit, access controls, patching, monitoring and backups.
• Sub-processors: you authorise us to use the providers listed in our privacy policy (our EU hosting provider, Cloudflare, Microsoft and our domain registrar). We will give you at least thirty days’ notice of any new sub-processor, and you may object; if we cannot resolve the objection, you may cancel without the minimum term applying. We hold each sub-processor to data protection obligations equivalent to these.
• Transfers: where data is transferred outside the UK, it is protected by approved safeguards, as described in our privacy policy.
• Helping you: we will help you respond to requests from people exercising their data rights, and with security, breach notification and data protection impact assessments, as far as is reasonable given our role.
• Breaches: we will tell you without undue delay, and within forty-eight hours, of becoming aware of a personal data breach affecting your data, with the information you need to meet your own obligations.
• At the end: when the service ends we will return or delete your data, as you choose, within the periods set out under “What happens when you leave”, unless the law requires us to keep it.
• Audits: we will give you the information reasonably needed to show that we meet these obligations.

Changes to these terms

We may update these terms. We will email you at least thirty days before a change takes effect. If a change is to your disadvantage and you do not want to accept it, you may cancel before it takes effect without the minimum term applying.

Notices

Where these terms say “in writing”, email counts. We will write to the email address you gave us when you signed up; you can write to us at hello@cherrydigital.co.uk.

Law

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.