Last Updated: 05 June 2026
1.1 “Agency” means Hawkins Collective, its directors, employees, contractors and authorised representatives.
1.2 “Client” means the individual, company, partnership, organisation or other entity engaging the Agency.
1.3 “Project” means any website, software, design, development, consultancy, hosting, maintenance, support, automation, marketing, training or related services supplied by the Agency.
1.4 “Services” means all services provided by the Agency.
1.5 “Deliverables” means any website, source code, design, graphic, content, document, report, automation, workflow, database, software, configuration or other work product created by the Agency.
2.1 These Terms and Conditions apply to all Services supplied by the Agency.
2.2 Acceptance of these Terms occurs when the Client accepts a quotation, proposal, or statement of work, issues a purchase order or email instruction, makes any payment, or allows work to commence.
2.3 These Terms shall prevail unless expressly varied in writing by the Agency.
3.1 Services shall be provided in accordance with a written quotation, proposal, statement of work, retainer agreement or other written confirmation.
3.2 Any work not expressly included within the agreed scope shall be deemed out of scope and may be quoted and charged separately.
3.3 The Agency reserves the right to refuse requests that fall outside the agreed scope.
3.4 Verbal requests shall not amend scope unless subsequently confirmed in writing by the Agency.
3.5 Additional requirements may result in revised fees, revised timelines and additional invoices.
4.1 Unless otherwise stated on the invoice or agreed in writing:
4.2 The Agency reserves the right to issue invoices with shorter payment terms (including immediate payment) on a case-by-case basis. Where an invoice states a specific due date or “Due Immediately”, that date shall take precedence over the general terms in this clause.
4.3 The Client’s obligation to pay shall not be dependent upon website launch, commercial performance, internal approvals, third-party actions or future amendments.
4.4 The Client shall not withhold, deduct, offset or delay payment due to any dispute, complaint or dissatisfaction, except where required by law.
4.5 The Client acknowledges that any individual providing instructions on behalf of a company represents and warrants that they have authority to bind that company contractually.
5.1 Retainer fees reserve Agency time, expertise and capacity.
5.2 Retainers are not pay-as-you-go arrangements.
5.3 Unused hours shall not roll over unless agreed in writing.
5.4 Retainer fees remain payable regardless of utilisation.
5.5 The Agency reserves the right to review pricing upon thirty (30) days written notice.
6.1 The Agency reserves the right to charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.
6.2 The Agency reserves the right to charge fixed compensation as follows:
6.3 The Client shall be liable for all reasonable debt recovery costs, including court fees, enforcement costs, legal costs and debt collection fees.
6.4 Repeated late payment may result in immediate suspension or termination of Services.
7.1 The Agency reserves the right to suspend Services (including hosting, maintenance, support and access) immediately where invoices remain unpaid beyond their due date.
7.2 Suspension may occur without prior notice.
7.3 Suspension shall not affect the Client’s obligation to pay outstanding invoices.
7.4 The Agency shall not be liable for losses arising from lawful suspension due to non-payment.
8.1 The Client agrees to provide accurate information, supply content promptly, provide approvals in a timely manner, supply required credentials and appoint a primary contact.
8.2 The Agency shall not be responsible for delays caused by the Client.
9.1 Delays by the Client in providing content, approvals, feedback or credentials for more than fourteen (14) days may result in project rescheduling, revised delivery dates and additional fees.
9.2 Projects inactive for more than thirty (30) days may be archived and rescheduled at the Agency’s discretion.
10.1 Where the Agency performs work on infrastructure, hosting environments, websites or systems controlled by the Client:
10.2 The Agency shall be entitled to invoice immediately for all work completed up to the date access is removed.
10.3 Screenshots, Loom recordings, staging environments, development logs and email correspondence may be relied upon as evidence of work completed.
11.1 All Deliverables remain the sole property of Hawkins Collective until all invoices relating to the Project have been paid in full.
11.2 No ownership, licence or intellectual property rights shall pass to the Client until cleared funds have been received in full.
11.3 The Client shall not acquire ownership of partially completed work.
11.4 Where a Project is cancelled, suspended or terminated, ownership of unpaid work shall remain with the Agency.
11.5 The Agency reserves the right to display completed work within its portfolio unless otherwise agreed in writing.
12.1 Use of any Deliverable shall constitute acceptance.
12.2 Acceptance may not subsequently be withheld solely due to payment disputes.
12.3 Minor defects or subjective preferences shall not constitute grounds for withholding payment.
13.1 The Agency reserves the right to withhold website launch, deployment, credentials and final Deliverables until all outstanding invoices have been paid in full.
14.1 Hosting and maintenance services are billed monthly or annually as agreed.
14.2 Website migration, DNS management and technical handover assistance are separate professional services and are not included unless expressly stated in writing.
14.3 All outstanding invoices must be settled before migration assistance will be provided.
14.4 The Agency shall not be liable for issues arising from migration to third-party systems.
15.1 Where a Project is cancelled, paused or abandoned by the Client, the Agency shall be entitled to invoice for work completed, time committed and non-refundable expenses. Such amounts shall become immediately due and payable.
16.1 Either party may terminate an ongoing agreement by providing not less than forty-five (45) days written notice.
16.2 Retainer fees, hosting fees and recurring charges remain payable throughout the notice period.
16.3 The Agency may terminate Services immediately where:
16.4 Upon termination, all accrued fees and invoices shall become immediately due and payable.
17.1 Both parties shall comply with their respective obligations under the UK GDPR and the Data Protection Act 2018.
17.2 Where the Agency processes personal data on behalf of the Client in the course of providing the Services, the Agency shall act as a Data Processor and the Client shall be the Data Controller.
17.3 The Agency shall:
17.4 The Client warrants that it has a lawful basis for processing any personal data it provides to the Agency and that it has obtained all necessary consents where required.
17.5 The Agency may engage sub-processors (such as hosting or email providers). The Agency shall ensure any such sub-processors are bound by data protection obligations no less protective than those in this clause.
17.6 The Agency shall not transfer personal data outside the United Kingdom or European Economic Area without the prior written consent of the Client, unless appropriate safeguards are in place.
18.1 Both parties shall keep confidential all commercially sensitive information exchanged during the engagement.
18.2 This obligation shall survive termination.
19.1 The Agency shall not be liable for indirect, consequential or economic losses.
19.2 The Agency’s total aggregate liability shall not exceed the total fees paid by the Client during the preceding twelve (12) months.
19.3 Nothing in these Terms excludes liability where prohibited by law.
20.1 The Agency makes no guarantee regarding search engine rankings, website traffic, revenue, leads or conversion rates unless expressly agreed in writing.
21.1 The Agency shall not be liable for delays or failures arising from circumstances beyond its reasonable control.
22.1 The Agency reserves the right to conduct credit assessments and may require full payment in advance, staged payments or a director’s personal guarantee for higher-risk engagements.
23.1 Nothing within these Terms creates a partnership, employment or agency relationship.
24.1 These Terms, together with any written agreement between the parties, constitute the entire agreement.
24.2 No verbal statement shall vary these Terms unless confirmed in writing by the Agency.
25.1 These Terms shall be governed by the laws of England and Wales.
25.2 The courts of England and Wales shall have exclusive jurisdiction.
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