Terms of Service

"Over The Pond" is a trading name of Brendan Graham, a UK sole trader ("we", "us"). "You" means the individual or business engaging us.

We design and build bespoke software systems — custom CRMs, lead-gen websites, client and marketing portals, internal tools and automations. The specific scope, deliverables and fees of each engagement are confirmed in writing (proposal, statement of work, or email) before work begins.

• Engagements are quoted on a project or phase basis and confirmed in writing before any work begins.
• Fees are typically structured as a fixed fee per phase, with milestone-based invoicing agreed up front. We do not bill by the hour by default.
• Ongoing maintenance, hosting and support, where engaged, are billed monthly under a separate scope. You may cancel ongoing services at any time and the software remains yours.
• Invoices are due within 14 days unless otherwise agreed.
• Late payments may incur interest at the statutory rate under the UK Late Payment of Commercial Debts (Interest) Act 1998.
• Third-party costs (domain registration, paid services, infrastructure, stock media) are billed separately at cost.

• Provide content, images, brand assets, and access we need to do the work, on time.
• Give clear, timely feedback at agreed review points.
• Ensure you own — or are licensed to use — all materials you supply.
• Keep your own backups of any content you provide to us.

Each project includes the rounds of revisions described in your proposal. "Website approval" means you have signed off in writing (including email) that the build is ready to launch. Additional changes after that point are billed separately at our then-current rates.

On receipt of final payment, ownership of the final, delivered website (custom code, copy we wrote for you, and design files) transfers to you. We retain ownership of our underlying tools, components, and know-how, and we may use anonymised work samples and screenshots in our portfolio and marketing unless you ask us in writing not to.

Third-party assets (fonts, stock imagery, plugins) remain governed by their own licences.

Your website may rely on third-party services (hosting, domain registrars, analytics, plugins, payment processors). We are not responsible for those services and their availability, pricing, or terms may change.

We will perform the services with reasonable care and skill. Beyond what is expressly agreed, the website and any deliverables are provided "as is" and "as available". We do not guarantee specific search rankings, conversion rates, traffic, or business outcomes.

Nothing in these terms limits liability that cannot lawfully be limited (for example death or personal injury caused by negligence, or fraud).

Subject to that, our total aggregate liability arising out of or in connection with an engagement is limited to the fees you have paid us under that engagement in the 12 months before the claim arose.

We are not liable for indirect, consequential, or special losses, loss of profits, revenue, goodwill, anticipated savings, or loss of data.

Either party may end an engagement on written notice. If you end the engagement before completion, fees for work performed up to that point remain payable, including any milestone already reached.

We may suspend or end an engagement immediately if invoices remain unpaid after reminders, or if continuing the work would be unlawful.

These terms and any engagement are governed by the laws of Scotland. The Scottish courts have exclusive jurisdiction over any dispute.

We may update these terms from time to time. The version that applies to your engagement is the one in force when you agreed to it.

Questions about these terms? Email legal@overthepond.co.