Terms of Service
These terms cover the website plans and services sold at kerbsmith.co.uk. They are written to be read, not skimmed. The short version: you pay monthly, there is no minimum term and no exit fee, one message cancels it, your domain is yours from month four and the website is yours after twelve. And we do not do small print that bites.
1. Who you're dealing with
“Kerbsmith”, “we” and “us” means KERBSMITH LTD, a company registered in England and Wales.
- Company number: 17375448
- Registered office: 9 Sylverdale Road, Croydon, CR0 4LD
- Email: hello@kerbsmith.co.uk, the fastest way to reach a real person
- VAT: we are not VAT registered. If that changes, the number will be shown here.
“You” means the person or business buying the service. “Your plan” means the plan you chose and the description of it on our pricing page, which forms part of these terms. If we agreed something different with you in writing, that wins over anything here.
2. Business or consumer, and your first 14 days
We sell these plans to businesses: sole traders, partnerships and limited companies buying a website for their trade. Nearly everyone reading this is one, and these terms are written that way.
We can't decide that by declaring it, though. Under the Consumer Rights Act 2015 you are a consumer if you're an individual buying wholly or mainly for purposes outside your trade or business, and if there's ever an argument about which you are, the law puts the burden on us to prove it. So we've written these terms to work either way:
- If you're buying this for your trade, you're a business customer and all of these terms apply to you.
- If you're genuinely a consumer, you keep every right consumer law gives you and nothing here takes any of it away. Where a clause below would be unfair to a consumer, it says so and it doesn't apply to you.
And either way, you get 14 days. Cancel within 14 days of signing up and you pay nothing, owe nothing and don't have to give a reason. Message or email us and it's done. Consumers have a right like this by law; we give the same thing to everyone so that nobody ever has to argue about which category they fall into. If you ask us to start building inside those 14 days and then change your mind, we'll charge only for what we actually did before you told us, which, two weeks in, is usually nothing.
3. What we provide
Depending on your plan: design, build and hosting of your website; edits requested over WhatsApp or email; local SEO work (helping your pages get found when someone searches your trade and town); Google Business Profile setup and upkeep; and, once it exists, an automated WhatsApp assistant and missed-call text-back service on the top plan. What's included in each plan is listed on the pricing page.
We may use subcontractors and third-party services to deliver any of this: see section 13 for who they are. Whoever does the work, the service is still ours and you deal only with us.
4. Price and payment
- Plans are billed monthly in advance, or yearly in advance at the discounted rate shown.
- There is no setup fee. There never has been and there isn't going to be one.
- All prices are exclusive of VAT. We are not VAT registered today, so today the price you see is the price you pay. If we become VAT registered, VAT will be added at the rate in force at the time, and we'll tell you at least 30 days before the first invoice that includes it.
- If a payment fails we'll tell you and retry. If it stays unpaid for 14 days we may pause the service until it's settled. We won't take your site down without telling you first, and we won't delete anything you gave us.
- If you're a business customer and an invoice goes unpaid, we may charge statutory interest and a fixed recovery sum under the Late Payment of Commercial Debts (Interest) Act 1998. We would much rather send you a message about it. This clause doesn't apply to consumers.
If a payment is reversed. Plans are billed by card through our payment provider, and your card issuer's own chargeback protection is yours to use. We'd never try to take it away from you. But a payment reversed, charged back or reclaimed for a month we actually delivered leaves that month unpaid, and it becomes payable again on demand, along with any fee our payment provider charges us for the reversal. We may pause the service until it's settled. If you think you've been billed wrongly, message us first. We have refunded people over less, and it's faster than a chargeback.
5. Cancelling: there is no minimum term
There is no minimum term, no notice period and no exit fee. One message (WhatsApp or email) cancels your plan. It takes effect at the end of the billing period you've already paid for, so you keep the service you've paid for and nothing further is charged. We don't do wind-down fees, and we don't make you ring anyone.
If you've paid yearly and you cancel part-way through, we'll refund the whole months you haven't used. You don't have to ask twice.
Two things do run on a clock, and they're in section 8: the domain becomes yours on request from month four, and the website itself becomes yours after twelve months. That is the only reason to stay a particular length of time, and it's a reason, not a penalty.
6. How long the build takes
Most sites go live within two weeks of you sending us your content: photos, prices and service areas. That's a working target, not a guarantee: the clock depends on how quickly you get us what we need, and we'd rather tell you that honestly than promise a date we don't control. We'll keep you updated, and nothing is charged differently if it takes longer.
7. Edits: what's included and how fast
An edit is a change to something that already exists on your site: prices, phone numbers, opening hours, text, photos, the list of services you offer, or the areas you cover. Send them over WhatsApp or email.
- Sorted: done within two working days.
- Growth and AI Front Desk: received before 3pm on a working day, live before 6pm the same day. Received after 3pm, at a weekend or on an England and Wales bank holiday, live by 1pm the next working day.
- Working days are Monday to Friday, excluding England and Wales bank holidays. We often work weekends and you're welcome to send things then. We just don't promise them.
Changes to text, prices, hours, contact details, photos and service lists go live straight away and we send you a screenshot. Anything structural: a new page, a layout change, we show you a preview first. While we're waiting for you to look at a preview, or waiting on a photo, a price or an answer from you, the clock is paused. It restarts when you reply.
Not included in edits (we'll happily quote, and small things are usually free):
- New pages beyond the number in your plan, and rebuilding or redesigning pages that already work.
- New functionality: booking systems, online payments, calculators, customer logins, shops, anything that needs a third-party account or a subscription.
- Logo design, branding, van livery, printed materials, photography.
- Writing a substantial new section from scratch, as opposed to changing what's there.
- Work on websites, systems or accounts we didn't build, or changes that need someone else's approval or login.
- More than two rounds of back-and-forth on the same change. After that we'll agree what it is, in writing, and then do it.
- Anything unlawful or misleading. We won't publish claims about accreditations, reviews, guarantees or qualifications that can't be evidenced. UK consumer law makes that our problem as well as yours.
Fair use. Edits are intended to run at roughly two a week. We don't count and we don't bill for going over. If a request turns out to be a much bigger job than it looked, or the volume stops being reasonable, we'll say so and agree what happens before doing the work, never afterwards, and never as a surprise on an invoice.
If your site is down, or something on it is wrong in a way that costs you work (a wrong phone number, a broken contact form), that isn't an edit, it's a fault, and we fix it as fast as we can whatever day it is.
If we keep missing the times above, tell us. You can drop to a cheaper plan or leave immediately, with the unused part of anything you've paid refunded. A promise we don't keep shouldn't cost you a notice period.
8. Your domain and your website
- We buy and pay for your domain name, and it is registered to us to begin with.
- From month four onwards the domain is yours on request: tell us and we'll transfer it, at no charge, whether you're staying or leaving.
- Leaving before month four and want the domain anyway? You can have it. Pay the monthly price of your plan for the months between when you leave and month four, and we'll transfer it straight away. It's a price, not a hostage. And if we're the ones at fault (we didn't deliver, or we stopped trading), you get it for nothing (see section 14).
- We won't register a domain we know to be someone else's business name or trade mark. If the domain is your own trading name, the buy-out above is always open to you.
- After twelve months of active subscription, the website as it then stands (design, code and content) is yours to keep and take elsewhere. Before that, we own the design and code, and you have a licence to use it for your business for as long as you're subscribed.
- Content you supply (photos, logos, text about your business) is yours throughout, and we'll give you a copy any time you ask, free, whether you're staying or going.
9. What happens when your plan ends
This is the part most agencies leave vague, so here it is in full.
- Your site stays live for 14 days after your last paid day, so nothing disappears the moment a payment stops. After that we take it offline. We won't leave a broken page or a 404 sitting on your domain.
- Your domain comes with you if you're at month four or beyond, or if you buy it out under section 8. Once it's transferred, what's served on it is up to you.
- Your content comes with you, always. Ask and we'll send a copy of every photo, logo and piece of text you gave us. No charge, no conditions.
- The website itself comes with you only if you reached twelve months. If you did, ask and we'll send one export: the full source code and content as a zip file or a private repository, once, at no charge. Hosting, edits, SEO work and support all stop at the same time; what you get is the site, not the service.
- If you didn't reach twelve months, the design and code stay ours and we take the site down as above. Your domain and your content still come with you.
- We keep a copy of your build and your content for six months after you leave, in case you come back or need something. After that we delete it. Personal data belonging to your customers is handled under Schedule 1 instead.
- Want it to stay up while you sort something else out? Ask. We'd rather agree a short holding arrangement than have your customers hit a dead link.
10. The AI Front Desk and Google review follow-ups
The AI Front Desk is not available. It is in development and will be offered on the top plan once we can fund it properly. Running it means connecting a number to a customer's messages, and we're not switching that on for anyone until it's built and paid for correctly. Nothing in this section applies to you unless and until you have separately agreed in writing to switch it on. No plan is sold on the basis that it works today, and if anyone tells you otherwise on a doorstep, this page is the version that counts.
The same goes for automated Google review follow-ups, mentioned as coming soon on the Growth plan: not built yet, not billed for, and not part of what Growth includes today. Growth's review-response drafting (replies to reviews you've already had, written for you to post) is separate and is live now.
When it is available, these are the rules it will run under:
- It answers using a price list and rules that you approve in writing before it goes live, and we keep a dated record of every version of both.
- Prices it quotes for anything not on your approved list are labelled estimates and are not binding on you until you confirm them.
- No booking is final until you confirm it. You can read every conversation and take over any chat at any point.
- It runs on a separate number, never your personal mobile. Messaging platforms restrict numbers without warning and we're not putting the phone your business runs on at that risk.
- It identifies itself as an automated assistant in its first message.
- Emergency keywords (a gas smell, for instance) are configured to trigger a safety message and an alert to you. We do not offer this as a substitute for a monitored emergency line and you should not rely on it as one.
- You remain responsible for the prices and policies you approve and for the work you carry out. The assistant is built on third-party language models: we configure it carefully, review it, and will fix it promptly if it misbehaves, but we cannot and do not warrant that it will never produce an incorrect or unexpected reply. It's a tool that assists you, not a member of staff whose conduct we can guarantee.
11. What we ask of you
- Only supply content that's accurate and lawful. No misleading claims about accreditations, qualifications, guarantees or reviews. Regulators fine for that, and honest marketing is the entire point of what we sell.
- Make sure you actually have the right to use whatever you send us. Photos are the one that catches people out: a photographer you paid usually still owns the copyright unless they signed it over, and anything pulled off a search engine belongs to somebody.
- Tell us promptly when your prices, services, hours or contact details change.
- Don't use the service for anything unlawful, and don't ask us to.
If a claim lands on us because of something you gave us. If someone brings a claim against us over content you supplied (a photo you didn't have the right to use, someone else's logo, a claim about your business that turns out not to be true), you'll cover us for it: the claim, any settlement we agree with you, and our reasonable legal costs. In return we'll tell you about any claim promptly, we won't settle it without asking you, and you can take over defending it if you'd rather. We'll also take the content down straight away, which in practice usually ends the matter before it costs anybody anything.
If you're a consumer under section 2, this indemnity doesn't apply to you. You'd be responsible only for losses that were a foreseeable result of you breaking this agreement, which is what the law provides anyway.
12. When we can end it
You can leave any time (section 5). We need a way out too, and here it is: written narrowly, because a supplier who can walk away for any reason at all isn't offering you much.
- Either of us can end this on 30 days' notice, for any reason. If we are the ones ending it, we refund every day you've paid for and won't now receive, transfer your domain to you free of charge whatever month you're in, and send you a copy of your content.
- We can end it immediately if: payment stays unresolved 14 days after we've asked you in writing; you ask us to publish something unlawful, or something misleading that we've asked you to correct and you haven't; you use the service to break the law; or you're abusive or threatening to us. We're two people, not a call centre, and that last one matters.
- If we end it for one of those reasons, sections 8 and 9 still apply: your domain and your content are still yours on the same terms. We're not holding your business to ransom over a falling-out.
13. Availability, third parties and things outside our control
We host on established infrastructure and aim for your site to be available at all times, but nobody can honestly promise 100% uptime and we won't pretend otherwise.
Parts of the service depend on third parties. The main ones are Cloudflare (hosting, DNS and email routing), Google (Business Profile, Maps and search tools), Meta (WhatsApp), Anthropic (the AI models we use to build and to run the Front Desk when it exists), our domain registrar and our payment provider. We stay responsible to you for what they do on our behalf. If one of them changes or withdraws something, we'll tell you what it means and adjust. And if we can't deliver a paid-for feature any more, we'll reduce your price or you can cancel.
Neither of us is liable for failing to do something because of events genuinely outside our control: a national outage, a fire, a flood, a strike, an act of government. If it goes on longer than 30 days, either of us can end the agreement and you get back anything you've paid for time you didn't receive.
14. If we stop trading
We're a small business. You're entitled to know what happens if we're hit by a bus.
If we cease trading, or can't provide the service for more than 30 days in a row, we will transfer your domain to you at no charge whatever month you're in, give you a complete copy of your website's source code and content, and refund anything you've paid for time you haven't received. You owe us nothing further. That commitment doesn't depend on anyone chasing us for it.
15. Liability
We take professional care with the work we do.
Things we never exclude, and legally can't: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; anything else the law doesn't permit us to limit. If you're a consumer, nothing in this section affects your statutory rights.
Fix it first. If something we built is wrong, tell us and the first thing that happens is we fix it, or refund the month if we can't. Most of what would otherwise become a claim is an hour's work.
The cap. Beyond the exclusions above, our total liability to you for everything arising out of your plan in any 12-month period is capped at the greater of (a) the fees you paid us in that period and (b) £1,000. We are not liable for indirect or consequential loss, or for lost profits, lost revenue, lost business or lost goodwill. You know your trade and we don't guarantee how many jobs a website (or an assistant) will bring in. Nobody honestly can.
This cap limits what we owe you. It doesn't limit what you owe us under section 11 for a claim arising from content you supplied.
16. Data protection
How we handle personal data (yours, and the public's) is set out in our privacy policy.
Where we handle your customers' personal data on your behalf (anyone who fills in a form on your website, and any message handled by the AI Front Desk once it exists), you are the controller and we are your processor. Schedule 1 below is our data processing agreement and it applies automatically to every client, from the day your site goes live. You don't have to ask for it and there's nothing to sign separately. UK GDPR Article 28 requires a written agreement between a controller and a processor, so having one isn't optional for either of us, and it's your name on the controller's side of that obligation, which is why we hand it to you rather than wait to be asked.
17. Changes to these terms, and to prices
If we change these terms in a way that matters to you, we'll tell you at least 30 days ahead. If you don't like the change, cancel: there's no notice period and no exit fee, which is what makes that a real choice rather than a formality.
Prices work the same way, with one extra promise: we won't raise the price of your plan in your first 12 months. After that, any increase comes with at least 30 days' notice, and you can cancel instead. Adding VAT if we become VAT registered isn't a price increase for this purpose: see section 4.
18. The rest of it
- The whole agreement. These terms, your plan description and your signup confirmation are what we've agreed. That doesn't affect anything we told you that you relied on when you signed up. We stand behind what we say on the doorstep.
- Nobody else can enforce this. Only you and we have rights under this agreement. The Contracts (Rights of Third Parties) Act 1999 doesn't apply to it.
- Notices. WhatsApp or email to the numbers and addresses we've been using with each other counts as writing, for both of us. Cancellations, complaints and anything about payment should go to hello@kerbsmith.co.uk so there's a record.
- Transfer. You can't transfer this agreement without asking us, and we won't say no without a reason. We may transfer it if the business is sold or restructured, and we'll tell you before we do.
- Not enforcing something doesn't waive it. If we let something go once, that doesn't mean we've given up the right to raise it another time.
- If a clause fails. If any part of these terms turns out to be unenforceable, the rest still stands.
19. Governing law
These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you live in Scotland or Northern Ireland and you're a consumer, you can also bring proceedings in your own country's courts.
Schedule 1: Data processing agreement
This schedule forms part of your agreement with us and applies automatically from the day we start processing personal data on your behalf. It exists to satisfy UK GDPR Article 28. It's written in the same plain English as the rest of the page, and it means what it says.
What we process, and why
- Who's who: you are the controller, we are the processor.
- Subject matter and purpose: running the website and services under your plan, hosting your site, handling contact and enquiry forms, and (once it exists, and only if you switch it on) handling messages through the AI Front Desk.
- Duration: for as long as your plan runs, plus the deletion window below.
- Type of personal data: whatever your customers give you through your site or by message, typically name, phone number, email address, postal address or postcode, and the content of the message itself. We don't ask for special category data and your forms shouldn't collect any.
- Categories of people: your customers and enquirers, and members of the public who contact you.
What we promise
- We only act on your instructions. Your plan and this schedule are your documented instructions. Anything else, you tell us and we do it. We'll only depart from that if UK law requires it, and we'll tell you first unless the law forbids us from doing so.
- We'll say so if an instruction looks unlawful. If something you ask us to do appears to breach data protection law, we'll tell you rather than quietly do it.
- Confidentiality. Anyone who handles the data (us and any subcontractor) is bound to keep it confidential.
- Security. We use appropriate technical and organisational measures: HTTPS on every site, access limited to accounts that need it, multi-factor authentication on the accounts that matter, encrypted storage, regular backups held away from the working machine, and no card details ever touching our systems.
- Breach. If there's a personal data breach affecting your data, we'll tell you without undue delay after we become aware of it, with what we know and what we're doing, and help you meet your own 72-hour reporting duty to the ICO. Deciding whether to report is yours; getting you the facts in time is ours.
- Your customers' rights. If someone asks us for a copy of their data, or asks for it corrected or deleted, we'll pass it to you promptly and help you answer it. We won't respond ourselves unless you tell us to.
- Assessments. We'll help with data protection impact assessments and with consulting the ICO, if you ever need to, so far as it relates to what we do for you.
- Proof. We'll give you the information you need to show you're meeting Article 28, and allow an audit or inspection once a year on reasonable notice. More often if a regulator requires it. Audits are at your cost unless they turn up a failure on our side.
- At the end. When your plan ends, we delete or return the personal data we hold for you within 90 days, at your choice, except where UK law requires us to keep something. We'll confirm when it's done.
Who else touches it
You give us general written authorisation to use the sub-processors below. We remain fully responsible to you for what they do.
- Cloudflare: hosting, DNS, email routing.
- Google: Business Profile, Maps and search tools.
- Meta: WhatsApp messaging, where you use it.
- Anthropic: the AI models we use to build sites and, once it exists, to run the AI Front Desk.
- Stripe: card billing. Your card details go straight to Stripe; they never touch our systems.
- Our domain registrar, for your domain's registration details.
If we add or change a sub-processor we'll tell you at least 30 days beforehand. If you object on reasonable data protection grounds, tell us and we'll either find another way or you can cancel with a refund of anything paid for time not received.
Some of these providers process data outside the UK. Where they do, the transfer is covered either by a UK adequacy decision or by the UK International Data Transfer Agreement, or the UK Addendum to the EU Standard Contractual Clauses.
Version 2026-08-02. Last updated 2 August 2026. If you signed up under an earlier version and want a copy of it, ask and we'll send it.