Terms and conditions

About Cape Wired

Cape Wired provides Shopify development, ecommerce migration, ecommerce SEO, Generative Engine Optimisation, content, conversion, website and related consultancy services.

Cape Wired is operated by Daniel Jones. References in these terms to “Cape Wired”, “we”, “us” or “our” mean the person or business identified as the service provider in the relevant proposal, quotation, invoice or statement of work.

When these terms apply

These terms apply to:

• the use of the Cape Wired website;
• enquiries, quotations and proposals issued by Cape Wired;
• one-off projects and fixed-scope services;
• monthly, recurring or retained services;
• consultancy, audits, strategy and implementation work;
• services provided remotely or at an agreed location.

A project-specific proposal, statement of work, quotation, contract, order form or written variation may add to or amend these terms.

Where there is a conflict, the following order of priority normally applies:

1. a signed contract or written project-specific amendment;
2. the accepted proposal or statement of work;
3. these terms and conditions;
4. other project correspondence.

Terms supplied by a client do not apply unless Cape Wired expressly accepts them in writing.

Definitions

How a contract is formed

A proposal or quotation is normally an invitation for the client to proceed. Unless stated otherwise, it remains open for 30 days.

A contract may be formed when the client:

• signs or electronically accepts a proposal or agreement;
• confirms acceptance by email or another agreed channel;
• pays a requested deposit or invoice;
• instructs Cape Wired to begin the services;
• otherwise clearly accepts the proposed scope and price.

Cape Wired is not required to reserve time, begin work or incur project costs until any requested deposit, information, access and formal approval have been received.

The services

Cape Wired will provide the services with reasonable care and skill and in substantial accordance with the agreed scope.

Unless expressly included, the services do not automatically include:

• legal, tax, financial or regulatory advice;
• unlimited revisions or unlimited support;
• photography, illustration or original video production;
• paid themes, applications, hosting or third-party subscriptions;
• product-data entry beyond the stated quantity;
• translation or accessibility certification;
• ongoing maintenance after completion;
• guaranteed search rankings, AI mentions, traffic or sales;
• services not reasonably identifiable from the accepted scope.

Cape Wired may use suitably qualified subcontractors or specialists while remaining responsible for managing the agreed services.

Client responsibilities

The client must:

• provide complete and accurate information;
• identify commercial, legal and technical requirements promptly;
• provide platform access using delegated permissions where possible;
• maintain appropriate backups and account security;
• provide content, product facts, images and approvals on time;
• appoint a person authorised to give instructions and approvals;
• review work carefully before publication or launch;
• check prices, claims, policies, ingredients and regulated information;
• obtain necessary licences, permissions and third-party consents;
• pay agreed fees and third-party charges when due;
• cooperate reasonably throughout the project.

Cape Wired may rely on information and instructions supplied by the client without independently verifying every statement.

The client remains responsible for its business decisions, products, pricing, stock, fulfilment, legal compliance, tax, customer service and final use of the deliverables.

Timetables and delays

Project dates are estimates unless a deadline is expressly described as fixed and Cape Wired has accepted that obligation in writing.

Timetables depend on timely receipt of:

• deposits and scheduled payments;
• platform and account access;
• content, data and product information;
• feedback, decisions and approvals;
• third-party responses and technical availability.

Where the client causes a delay, Cape Wired may:

• revise the timetable;
• move the work to the next available production slot;
• invoice completed work and committed costs;
• charge reasonable restart or rescheduling costs;
• treat a prolonged inactive project as suspended or cancelled.

Unless otherwise agreed, a project with no meaningful client response for 30 days may be placed on hold. A project inactive for 60 days may be closed and require a revised quotation before work resumes.

Changes, revisions and additional work

The agreed price covers only the stated scope and included revision allowance.

A change may be treated as additional work where it:

• adds a new page, feature, product group or deliverable;
• changes an approved direction or completed component;
• requires work caused by inaccurate or incomplete information;
• requires repeated revisions beyond the agreed allowance;
• results from a third-party platform or supplier change;
• was not reasonably included in the original scope.

Cape Wired may issue a change estimate, revised proposal or additional invoice before carrying out the work.

Minor adjustments may be accepted informally, but neither party should assume that a material change is included until its effect on price and timing has been agreed.

Fees, deposits and expenses

Fees are stated in the applicable proposal, quotation, invoice or statement of work.

Unless stated otherwise:

• prices exclude separately identified third-party costs;
• travel and exceptional project expenses require prior approval;
• deposits reserve capacity and allow work to begin;
• fees are not contingent on a particular commercial outcome;
• recurring work is billed at the agreed interval;
• additional work is billed at the agreed rate or separately quoted.

If Cape Wired becomes required to charge VAT or another applicable tax, that amount will be added where legally required.

Third-party fees may include Shopify plans, themes, applications, hosting, domains, advertising spend, stock assets, email tools, analytics services and marketplace charges.

Payment terms

Invoices are payable by the date stated on the invoice. Where no date is stated, payment is due within 14 calendar days.

The client must pay invoices without deduction, withholding, counterclaim or set-off except where required by law.

For staged projects, Cape Wired may require:

• an initial non-refundable commitment deposit;
• interim payments at agreed milestones;
• full payment before launch, transfer or release of final files;
• payment in advance for recurring or reserved-capacity work.

Where an undisputed business invoice is overdue, Cape Wired may charge statutory interest, fixed compensation and reasonable recovery costs where permitted by applicable late-payment law.

The client must raise a genuine invoice query promptly and identify the specific disputed item. Undisputed amounts remain payable.

Suspension of services

Cape Wired may suspend some or all services where:

• an invoice is overdue;
• required information, access or approval is not provided;
• the client requests unlawful, misleading or harmful work;
• continued access creates a security or data-protection risk;
• a third-party service becomes unavailable;
• the client commits a material breach of the contract.

Cape Wired will normally provide reasonable notice where practicable. Suspension does not remove the client’s obligation to pay for completed work, reserved time or committed costs.

Intellectual property

Client-owned materials

The client retains ownership of materials it owned before the project, including its trademarks, logos, original product images, proprietary data and supplied content.

Cape Wired materials

Cape Wired retains ownership of:

• pre-existing methods, systems, frameworks and know-how;
• reusable code, templates, components and development tools;
• working files, concepts and unused drafts;
• general skills and experience developed during the project;
• materials not expressly included as final deliverables.

Final deliverables

Once all amounts relating to the project have been paid, Cape Wired grants the client a worldwide, ongoing licence to use, modify and operate the final deliverables for the client’s business purposes.

Where the proposal expressly states that ownership of a bespoke deliverable will transfer, that transfer occurs only after full payment and excludes Cape Wired’s pre-existing or reusable materials.

Portfolio use

Unless confidentiality or another written agreement prevents it, Cape Wired may identify the client and display publicly launched work in portfolios, proposals, award entries, case studies and marketing.

Confidential performance figures or commercially sensitive information will not be published without appropriate permission.

Client materials, claims and permissions

The client confirms that it has the right to supply and authorise the use of all client materials.

This includes permission to use:

• logos, trademarks and brand assets;
• photographs, video, music and illustrations;
• product data, ingredients and technical specifications;
• reviews, testimonials and customer content;
• fonts, software, datasets and third-party materials;
• personal information supplied for an agreed purpose.

The client is responsible for the accuracy, legality and substantiation of its product claims, prices, promotions, comparisons, availability, policies and regulated statements.

Cape Wired may refuse or remove material reasonably believed to infringe rights, mislead customers, breach platform rules or create legal or reputational risk.

Third-party platforms, applications and suppliers

Projects may depend on services provided by third parties, including Shopify, WordPress, Elementor, Google, Meta, Amazon, domain registrars, hosts, payment providers, email platforms, applications and analytics tools.

Unless Cape Wired expressly agrees otherwise:

• the client contracts directly with the third-party provider;
• the client is responsible for provider fees and account terms;
• Cape Wired does not control provider availability or decisions;
• features may change, become chargeable or be withdrawn;
• the provider’s own terms, privacy notice and policies apply;
• Cape Wired is not responsible for third-party outages or breaches.

Recommendations are based on information reasonably available at the time. Cape Wired does not warrant that a third-party service will remain suitable indefinitely.

AI-assisted tools

Cape Wired may use AI-assisted tools to support research, ideation, drafting, analysis, coding, image development and workflow efficiency.

AI-assisted output is treated as working material and is subject to appropriate human review before being presented as a final deliverable.

The client acknowledges that:

• AI systems can produce incomplete or inaccurate output;
• platform availability and behaviour may change;
• AI visibility cannot be measured across every possible answer;
• AI-generated search results vary by prompt, user and date;
• specialist legal, medical or financial claims require expert review.

Cape Wired will not knowingly submit confidential client information to a public AI system where doing so would conflict with an agreed confidentiality or data-protection obligation.

Reviews, approvals and acceptance

The client must review deliverables carefully and provide clear, consolidated feedback within the agreed review period.

Unless another period is stated, the client should report material errors or scope-related defects within 10 business days of delivery.

A deliverable may be treated as accepted where:

• the client approves it in writing;
• the client publishes, launches or commercially uses it;
• the review period expires without a material issue being reported;
• the reported issue relates to additional work rather than a defect.

Cape Wired will correct reproducible errors that cause the deliverable to materially depart from the agreed scope. New preferences, changed requirements and third-party issues are not defects.

Search, AI, advertising and commercial performance

Cape Wired does not guarantee:

• specific search-engine rankings;
• inclusion in AI-generated responses;
• particular traffic, revenue or conversion levels;
• approval by advertising or marketplace platforms;
• continued access to a third-party channel;
• the accuracy of third-party reporting tools;
• performance equivalent to a historic case study.

Results may be affected by competition, demand, pricing, stock, reputation, product quality, reviews, market conditions, algorithms, platform policies, technical changes and client implementation.

Forecasts, audits, recommendations and projections are professional opinions based on the information available at the time. They are not promises of future performance.

Confidentiality

Each party must protect confidential information received from the other and use it only for the contract.

Confidential information does not include information that:

• is already lawfully known without restriction;
• becomes public without breach of the contract;
• is lawfully received from an independent third party;
• is independently developed without using confidential information;
• must be disclosed by law, court or regulator.

Cape Wired may share confidential information with employees, subcontractors and professional advisers who need it to perform the services and are subject to suitable confidentiality duties.

Data protection

Each party must comply with the data-protection law applicable to its role and activities.

Cape Wired’s use of personal information for its own business purposes is explained in the Privacy Notice.

Where Cape Wired processes personal information solely on the client’s documented instructions, the parties may need to enter into a separate data-processing agreement.

The client must:

• have a lawful basis for personal information it supplies;
• provide required privacy information to relevant individuals;
• avoid sharing unnecessary sensitive information;
• use secure access and transfer methods where appropriate;
• inform Cape Wired of material restrictions or incidents promptly.

The client remains responsible for the legality of customer, subscriber, employee and user data collected through its own store, website or systems.

Ending the contract

Either party may terminate the contract where the other:

• commits a material breach and fails to remedy it within a reasonable period;
• repeatedly breaches the contract;
• becomes insolvent or ceases substantial business activity;
• engages in unlawful, abusive or seriously harmful conduct.

A client may cancel a project for convenience by giving written notice, but must pay:

• all work completed up to termination;
• work reasonably committed or scheduled;
• non-cancellable third-party costs;
• any cancellation amount stated in the proposal;
• reasonable costs of closing, transferring or securing the project.

Deposits are normally non-refundable to the extent they cover initial work, planning, administration and reserved capacity.

Recurring services may be ended using the notice period stated in the proposal. Where no period is stated, either party may give 30 days’ written notice.

On termination, Cape Wired may retain deliverables and withhold transfer of control until all outstanding amounts have been paid.

Liability

Nothing in these terms excludes or limits liability where doing so would be unlawful, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• other liability that cannot legally be excluded.

Subject to the paragraph above, Cape Wired is not liable for:

• indirect or consequential loss;
• loss of profit, revenue, sales or anticipated savings;
• loss of goodwill, reputation or business opportunity;
• loss or corruption of data not caused by Cape Wired’s breach;
• third-party outages, policy changes or account restrictions;
• client errors, omissions, instructions or approval decisions;
• events outside Cape Wired’s reasonable control.

Subject to liabilities that cannot legally be limited, Cape Wired’s total aggregate liability arising from a contract will not exceed the total fees paid or payable to Cape Wired under that contract during the six months immediately preceding the event giving rise to the claim.

The client must take reasonable steps to reduce avoidable loss, including maintaining backups, testing material changes and reporting problems promptly.

Client responsibility for third-party claims

The client is responsible for claims, losses and reasonable costs arising from:

• client materials that infringe another person’s rights;
• unlawful, misleading or unsubstantiated client claims;
• products, services or promotions offered by the client;
• the client’s breach of law or platform rules;
• use of deliverables outside the agreed purpose;
• changes made by the client or another supplier after delivery.

This responsibility applies only to the extent that the claim was caused by the relevant client act, omission, material or instruction.

Cape Wired must notify the client of a relevant claim and allow reasonable participation in its defence or settlement.

Events outside reasonable control

Neither party is responsible for delay or failure caused by an event outside its reasonable control.

Such events may include:

• internet, hosting, cloud or platform outages;
• cyber incidents not caused by the affected party’s breach;
• industrial disputes, transport failures or supply interruption;
• fire, flood, extreme weather or natural disaster;
• epidemic, pandemic or government restriction;
• war, terrorism, civil unrest or sanctions;
• failure of an essential third-party provider.

The affected party must take reasonable steps to reduce the effect and resume performance when practicable.

If the event continues for more than 60 days and materially prevents performance, either party may end the affected services by written notice. Fees remain payable for completed work and committed costs.

Use of the Cape Wired website

The website is provided for general information about Cape Wired and its services.

Visitors must not:

• use the website unlawfully or fraudulently;
• attempt unauthorised access to accounts, servers or systems;
• introduce malware or harmful code;
• interfere with the website’s operation or security;
• scrape, reproduce or commercially exploit protected content without permission;
• misrepresent an association with Cape Wired;
• use the website to infringe another person’s rights.

Website content is general information and does not itself create a client relationship or constitute legal, tax, financial or regulated professional advice.

Cape Wired may update, suspend or withdraw website content without notice and does not guarantee uninterrupted availability.

External links are provided for convenience. Cape Wired does not control independent websites or accept responsibility for their content, security or practices.

Consumers and statutory rights

Cape Wired’s services are primarily intended for businesses, organisations, sole traders and people acting for purposes connected with their trade or profession.

Where a person contracts wholly or mainly outside their trade, business, craft or profession, they may be treated as a consumer and have additional statutory rights.

Nothing in these terms excludes or restricts a consumer right that cannot lawfully be excluded.

Where consumer cancellation rights apply to a distance contract, Cape Wired will provide the legally required information. If the consumer expressly asks for services to begin during a cancellation period, they may be required to pay a proportionate amount for work supplied before cancellation.

Project-specific consumer terms may be issued where appropriate.

General provisions

Notices

Formal notices must be sent by email to the addresses used in the contract or to another address notified in writing.

Assignment

The client may not transfer the contract without Cape Wired’s prior written consent. Cape Wired may transfer the contract as part of a genuine business sale, restructuring or transfer of the relevant service operation.

No partnership or employment

The contract does not create a partnership, joint venture, employment relationship or authority for either party to bind the other.

Third-party rights

A person who is not a party to the contract has no right to enforce it unless the contract expressly states otherwise.

Waiver

A delay in enforcing a right does not waive that right. A waiver is effective only for the specific circumstance in which it is given.

Severability

If a provision is unlawful or unenforceable, it will be removed or adjusted only to the minimum extent necessary. The remaining provisions continue to apply.

Entire agreement

The contract records the agreement concerning its subject and replaces earlier discussions or representations, except that neither party excludes liability for fraud.

Changes to these terms

Cape Wired may update website terms from time to time. Changes do not retrospectively alter an existing project contract unless agreed or legally required.

Governing law and disputes

The parties should first attempt to resolve a dispute through good-faith discussion.

The parties may agree to mediation or another suitable form of alternative dispute resolution before commencing court proceedings.

Unless a project-specific contract states otherwise, the contract and any non-contractual dispute arising from it are governed by the law of England and Wales.

Subject to any mandatory consumer right, the courts of England and Wales have exclusive jurisdiction.

Contact Cape Wired

Questions about these terms or an existing project should be sent to:

Include the client or project name and relevant invoice, proposal or project reference where available.