Terms and conditions
The terms on which Apyx Design provides website design, development and management services.
Last updated: 29 August 2026
These Terms and Conditions govern website design, website development, redesign, e-commerce, website management, maintenance and related digital services provided under the trading name Apyx Design.
Please read these Terms carefully before accepting a quotation, making a payment or purchasing services from Apyx Design.
1. About Apyx Design
1.1 Apyx Design is a trading name used by Malakai Goodison, operating independently in England, United Kingdom.
1.2 Apyx Design is not currently incorporated as a limited company and does not operate as a separate legal entity from Malakai Goodison.
1.3 Our business details are:
Trading name: Apyx Design. Trading as: Malakai Goodison trading as Apyx Design. Email: [email protected]. Website: apyxdesign.com
1.4 References in these Terms to "Apyx", "Apyx Design", "we", "us" or "our" mean Malakai Goodison trading as Apyx Design.
1.5 References to "Client", "you" or "your" mean the person, company, partnership, organisation or other business purchasing or agreeing to purchase our services.
2. Business Customers
2.1 Our services are primarily intended for customers purchasing website and digital services wholly or mainly for the purposes of their trade, business, craft or profession.
2.2 Unless expressly agreed otherwise in writing, Apyx Design provides its services on a business-to-business basis.
2.3 If you intend to purchase our services wholly or mainly for purposes outside your trade, business, craft or profession, you must inform us before accepting a quotation.
2.4 Nothing in these Terms excludes, limits or overrides any statutory right or protection that cannot legally be excluded.
3. Quotations and Contract Formation
3.1 Before commencing a project, Apyx Design will normally provide the Client with a written quotation, proposal, scope of work or another written description of the services to be provided.
3.2 A quotation or proposal may specify project scope, deliverables, project price, deposit or initial payment, payment schedule, estimated timescale, included revisions, hosting arrangements, domain arrangements, website management or maintenance, third-party services and project-specific conditions.
3.3 Unless otherwise stated, a quotation remains valid for 30 days from the date it is issued.
3.4 A binding agreement is formed when the Client confirms acceptance of the quotation, proposal or project scope in writing, electronically or through an approved acceptance process, and pays any deposit, initial invoice or other payment required before work begins.
3.5 By entering into an agreement with Apyx Design, the Client confirms that they have read, understood and agreed to these Terms and Conditions.
3.6 The agreement between the parties consists of any written project-specific agreement expressly agreed between the parties, the accepted quotation or proposal, and these Terms and Conditions.
3.7 Where there is an inconsistency between those documents, the document appearing higher in the order above will take priority to the extent of that inconsistency.
4. Project Scope
4.1 Apyx Design will provide the services and deliverables described in the accepted quotation or proposal.
4.2 Work which is not expressly included within the agreed project scope is not included within the agreed project price.
4.3 Additional work may include, without limitation:
- additional website pages
- new functionality
- additional design concepts
- integrations not originally specified
- additional e-commerce functionality
- extensive content entry
- copywriting
- photography or videography
- branding work
- additional revisions
- custom automation
- additional SEO work
- website migration
- substantial changes requested after approval
4.4 Additional work may be quoted and charged separately.
4.5 Apyx Design is not required to begin additional work until the additional scope and any applicable fees have been agreed.
5. Client Responsibilities
5.1 The Client must provide all information, materials, access and cooperation reasonably required for Apyx Design to complete the project. This may include written content, photographs, graphics, logos, branding materials, product information, pricing, legal information, domain access, hosting access, CMS access, social-media access, third-party platform access, API credentials, payment-provider information, approvals and feedback.
5.2 The Client is responsible for ensuring that information supplied to Apyx Design is complete and accurate.
5.3 The Client must provide requested information, feedback and approvals within a reasonable period.
5.4 Unless otherwise expressly agreed, the Client remains responsible for the accuracy and legality of its website content, products and services, descriptions, prices, advertising claims, policies, terms of sale, regulatory information and other business information.
5.5 Apyx Design does not provide legal, tax, financial or regulatory advice unless expressly agreed otherwise in writing.
5.6 Where Apyx Design places terms, privacy policies or other legal or compliance-related material supplied or approved by the Client onto a website, responsibility for ensuring that material is suitable for the Client's particular business remains with the Client.
6. Client-Supplied Intellectual Property
6.1 The Client confirms that it owns, licenses or otherwise has permission to use all text, images, logos, trademarks, videos, fonts, software and other materials supplied to Apyx Design.
6.2 The Client grants Apyx Design permission to use those materials to the extent reasonably necessary to provide the contracted services.
6.3 The Client must not knowingly instruct Apyx Design to use content or other materials that infringe another person's intellectual property, privacy or other legal rights.
6.4 The Client will be responsible for claims, losses and reasonable costs arising directly from Client-supplied material where the Client did not possess the necessary rights or permissions to use that material.
7. Project Timescales and Client Delays
7.1 Any completion date or project timescale provided by Apyx Design is an estimate unless expressly agreed in writing as a fixed deadline.
7.2 Estimated timescales depend upon the Client providing requested materials, feedback, approvals and access promptly.
7.3 Apyx Design will not be responsible for delays caused by late Client feedback, missing content, delayed approvals, inaccessible systems or accounts, changes to the project scope, third-party providers, technical issues outside our reasonable control, or other circumstances outside our reasonable control.
7.4 Where a Client delay affects the project schedule, Apyx Design may revise the estimated completion date.
7.5 If a project becomes inactive because the Client has failed to provide necessary information, access, approvals or feedback for more than 30 days, Apyx Design may place the project on hold.
7.6 Resuming a project that has been placed on hold will be subject to Apyx Design's availability and may result in a revised completion date.
7.7 Where a project remains inactive for more than 60 days, Apyx Design may treat the project as cancelled by the Client after providing reasonable written notice.
8. Revisions and Change Requests
8.1 The number of revisions included within a project will be stated in the quotation or proposal.
8.2 A revision means a reasonable alteration to work already produced within the agreed project scope.
8.3 A revision does not include a material change to the original brief, project objectives, approved visual direction, website structure, functionality, branding direction or agreed deliverables.
8.4 Requests that materially alter the agreed project may be treated as additional work.
8.5 Where additional work is required, Apyx Design may provide an additional quotation before carrying out that work.
8.6 Once the Client has approved a design, page, feature or project stage, that stage may be treated as complete.
8.7 Significant changes requested after approval may incur additional charges.
9. Fees and Payment
9.1 Project fees will be stated in the relevant quotation, proposal or invoice.
9.2 VAT will only be charged where Apyx Design is registered or otherwise legally required to charge VAT at the relevant time.
9.3 A deposit or initial payment may be required before work begins.
9.4 Apyx Design is not required to begin work until the required initial payment has been received and cleared.
9.5 Remaining payments will become due according to the payment schedule stated in the quotation, proposal or invoice.
9.6 Unless otherwise agreed, all outstanding project fees must be paid before final website launch, transfer of ownership, transfer of administrator credentials, final handover or release of final project files.
9.7 The Client may not withhold an undisputed payment because of a separate dispute concerning another project, service or invoice.
10. Late and Non-Payment
10.1 Invoices must be paid by the due date shown on the invoice.
10.2 If payment becomes overdue, Apyx Design may issue a written payment reminder or notice.
10.3 If payment remains overdue, Apyx Design may suspend work or services until outstanding amounts are paid.
10.4 Where Apyx Design controls website hosting, website management or another ongoing service associated with the unpaid account, those services may be suspended following reasonable notice for material non-payment.
10.5 Where applicable to a business-to-business transaction, Apyx Design reserves the right to exercise any rights available under the Late Payment of Commercial Debts (Interest) Act 1998, including applicable statutory interest and recovery compensation.
10.6 The Client remains responsible for undisputed amounts properly due under the agreement.
10.7 Suspension because of non-payment does not cancel or remove the Client's obligation to pay amounts already due.
11. Cancellation by the Client
11.1 A Client wishing to cancel a project must notify Apyx Design in writing.
11.2 Where cancellation takes place before substantive project work begins, any refund will be determined after taking into account onboarding or planning work already completed, work specifically undertaken for the Client, non-refundable third-party charges, reasonable costs already incurred, and any other sums properly due under the agreement.
11.3 Once work has begun, the Client must pay for work completed up to the cancellation date, approved additional work, third-party costs already committed, and other amounts properly due under the agreement.
11.4 Any deposit or payments already made will be credited against those amounts.
11.5 Where the amount already paid exceeds the amount properly due following cancellation, the remaining balance will be refunded.
11.6 Where the amount properly due exceeds the sums already paid, Apyx Design may issue a final invoice for the difference.
12. Suspension or Termination by Apyx Design
12.1 Apyx Design may suspend or terminate a project where the Client materially breaches these Terms, fails to make a required payment, repeatedly fails to provide information required for the project, requests unlawful activity, supplies unlawful, abusive or infringing material, seriously or repeatedly interferes with Apyx Design's ability to provide the agreed services, or commits another material breach which is not remedied following reasonable notice.
12.2 Where reasonably possible, Apyx Design will give the Client an opportunity to remedy a breach before terminating the agreement.
12.3 Where termination results from a Client breach, the Client remains responsible for work properly completed and reasonable costs incurred before termination.
12.4 Where Apyx Design terminates a project for reasons unrelated to any breach by the Client and cannot complete the agreed services, Apyx Design will refund amounts paid for services that have not been provided.
13. Website Management and Maintenance Plans
13.1 Where a Client purchases an ongoing website management, maintenance or support plan, the included services will be described in the quotation, proposal or plan description.
13.2 Unless otherwise agreed in writing, Apyx Design management plans have an initial minimum term of three months.
13.3 The minimum term begins on the agreed management-plan commencement date.
13.4 Monthly management fees are payable in advance unless otherwise stated.
13.5 The Client remains responsible for monthly payments falling within the agreed minimum term.
13.6 Following expiry of the minimum term, the plan will continue on a monthly rolling basis unless cancelled.
13.7 Following the initial minimum term, either party may cancel the management plan by giving 30 days' written notice.
13.8 Cancelling a management plan does not automatically include website migration, redevelopment or transfer of third-party services.
13.9 Work outside the services included within the management plan may be quoted separately.
13.10 Unused support, development time or amendments do not roll over unless expressly stated in the relevant plan.
13.11 Apyx Design may reasonably change management-plan pricing by providing advance written notice.
13.12 Any price change will not retrospectively alter charges already paid or already due.
14. Hosting and Domains
14.1 Hosting and domain arrangements will depend upon the services selected by the Client.
14.2 Wherever practical, domains intended to belong permanently to the Client should be registered in the Client's name or transferred to the Client following full payment.
14.3 Where Apyx Design purchases hosting, domains or another service on behalf of the Client, the Client remains responsible for applicable renewal charges unless those charges are expressly included within an agreed ongoing service.
14.4 Apyx Design will not be responsible for loss of a domain resulting from Client failure to pay renewal charges, incorrect Client information, action by a registrar or registry, registry rules, domain disputes, third-party failure, or other circumstances outside our reasonable control.
14.5 Hosting availability, server performance and infrastructure provided by third parties remain subject to those providers' own terms, systems and technical availability.
14.6 Apyx Design cannot guarantee uninterrupted website, server or hosting availability.
15. Third-Party Services
15.1 Websites produced by Apyx Design may use third-party products and services including website hosting, domain registrars, payment processors, CMS platforms, e-commerce platforms, plugins, APIs, fonts, stock media, email services, analytics services, booking platforms and other integrations.
15.2 Third-party products and services are governed by their respective terms, policies, licences and pricing.
15.3 Apyx Design does not control and cannot guarantee the continued availability or operation of third-party services.
15.4 Apyx Design will not be responsible for matters caused solely by third-party providers including outages, software changes, discontinued services, pricing changes, API changes, platform restrictions, third-party account suspensions or functionality changes.
15.5 Where a third-party change requires additional development or remedial work, that work may be chargeable unless expressly included within an active website-management plan.
15.6 The Client is responsible for maintaining subscriptions and licences intended to be held directly in the Client's name.
16. Website Ownership and Intellectual Property
16.1 Until all amounts due for a project have been paid in full, ownership of the final bespoke project deliverables remains with Apyx Design to the extent permitted by law.
16.2 Once full payment has been received, the Client will receive ownership of the final bespoke designs and deliverables created specifically for that Client, subject to the exclusions below.
16.3 Ownership does not transfer in Apyx Design's pre-existing code, development tools, internal systems, libraries, reusable components, frameworks, methods, processes, templates, know-how, utilities, or materials created independently of the Client's particular project.
16.4 Where Apyx Design's pre-existing materials are incorporated into the completed website, the Client is granted a perpetual, non-exclusive right to use those materials as part of the completed website following full payment.
16.5 Third-party software, fonts, images, plugins, platforms and other licensed materials remain subject to their respective licences.
16.6 Nothing in these Terms transfers ownership of third-party intellectual property.
17. Portfolio and Promotional Use
17.1 Unless the Client requests otherwise in writing before launch, Apyx Design may display completed work in our portfolio, apyxdesign.com, social media, proposals, presentations, case studies and other promotional material.
17.2 Apyx Design may identify the Client's business name and use publicly available screenshots of completed work for this purpose.
17.3 Confidential Client information will not be disclosed for promotional purposes without permission.
18. Website Handover
18.1 Final project handover will take place after all outstanding project fees have been paid.
18.2 Depending on the agreed project, handover may include administrator credentials, website account access, domain information, hosting information, agreed design assets, documentation and other deliverables specified in the quotation.
18.3 Apyx Design is not required to provide proprietary internal tools, development systems, reusable components or source materials unless they have expressly been included within the project scope.
18.4 Following handover, the Client is responsible for keeping passwords, credentials and account access secure.
19. Post-Launch Defect Correction
19.1 Unless otherwise stated in the quotation, Apyx Design provides a 30-day post-launch defect correction period.
19.2 During this period, Apyx Design will correct reproducible faults in work created by us which cause the completed website to materially fail to operate in accordance with the agreed project scope.
19.3 The defect correction period does not cover problems caused by changes made by the Client, changes made by another developer, third-party software updates, platform changes, hosting failures, expired licences, malicious activity, compromised accounts, Client misuse, new functionality requests, or matters outside the original project scope.
19.4 Changes, updates or support requested after the defect correction period may be chargeable or handled through an active management plan.
20. Search Engine Optimisation and Business Results
20.1 Where SEO services are included within a project, Apyx Design will provide the agreed work with reasonable care and skill.
20.2 Search-engine rankings are controlled by third parties and can change at any time.
20.3 Apyx Design does not guarantee a particular Google or other search-engine ranking, a particular amount of website traffic, leads, enquiries, conversions, sales, revenue or business growth.
20.4 Any references to expected improvements, opportunities, forecasts or potential results do not constitute guarantees.
21. E-Commerce Websites
21.1 Where Apyx Design develops an e-commerce website, the Client remains responsible for its underlying business and commercial operations.
21.2 This includes responsibility for products and services sold, product descriptions, prices, taxes, delivery, fulfilment, returns, refunds, customer-service policies, age restrictions, regulatory requirements, consumer rights and legally required business information.
21.3 Payment-processing services are supplied by third-party payment providers.
21.4 Apyx Design is not responsible for funds held, delayed, disputed, refunded, charged back or withheld by third-party payment providers.
22. Security and Backups
22.1 Apyx Design will use reasonable care when providing website and digital services.
22.2 No website, server, software system or online service can be guaranteed to be completely secure or permanently available.
22.3 Unless backup services are expressly included within the Client's project or management plan, the Client is responsible for maintaining appropriate backups following handover.
22.4 The Client should maintain appropriate security measures, including secure passwords and multi-factor authentication where available.
22.5 Apyx Design will not be responsible for security incidents caused by Client negligence, compromised Client credentials, unauthorised changes or third-party systems outside our reasonable control.
23. Confidentiality
23.1 Each party will keep confidential non-public commercial, technical and business information received from the other party in connection with a project.
23.2 Confidential information may only be used to the extent reasonably necessary to provide or receive the contracted services.
23.3 Confidentiality obligations do not apply to information which is publicly available through no breach of these Terms, was lawfully known before disclosure, is lawfully received from another source, or must be disclosed by law, court order or a competent authority.
23.4 These confidentiality obligations continue following completion or termination of the agreement.
24. Data Protection
24.1 Each party will comply with applicable UK data-protection legislation when processing personal data in connection with the contracted services.
24.2 Apyx Design's handling of personal information collected directly through apyxdesign.com is explained in our Privacy Policy.
24.3 Where Apyx Design processes personal data on behalf of a Client as part of an ongoing service, the parties will comply with any additional data-processing requirements applicable to that arrangement.
24.4 The Client remains responsible for determining whether its website and business require additional privacy notices, cookie mechanisms, consents, contracts or other regulatory documentation concerning its own processing of personal data.
25. Liability
25.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot legally be excluded or limited.
25.2 Subject to clause 25.1, Apyx Design will not be liable for indirect or consequential loss arising from the agreement.
25.3 For business customers and subject to clause 25.1, Apyx Design will not be liable for loss of profit, revenue, anticipated savings, contracts, business opportunities, goodwill or data, to the extent such liability may legally be excluded.
25.4 Apyx Design will not be responsible for loss caused solely by circumstances outside our reasonable control including failures by hosting providers, domain registrars, payment processors, external software or other third-party platforms.
25.5 Subject to clause 25.1 and to the extent permitted by law, Apyx Design's total aggregate liability arising from a particular project or service will not exceed 100% of the total fees paid or payable to Apyx Design for the project or service giving rise to the claim.
25.6 Each party must take reasonable steps to minimise loss resulting from any breach.
25.7 Nothing in these Terms restricts any liability, right or remedy which cannot legally be restricted.
26. Events Outside Our Reasonable Control
26.1 Apyx Design will not be responsible for delay or failure to perform an obligation where that delay or failure results from circumstances outside our reasonable control.
26.2 Such circumstances may include internet outages, hosting failures, cyber incidents, power failures, industrial disputes, extreme weather, natural disasters, government action, war, civil disorder, epidemics, widespread infrastructure failures, failures of third-party providers, or significant changes to third-party platforms.
26.3 Apyx Design will take reasonable steps to reduce the effect of such circumstances and resume the affected services where reasonably possible.
27. Complaints and Disputes
27.1 If the Client has a complaint concerning Apyx Design's services, the Client should contact us at [email protected].
27.2 The Client should provide sufficient information for Apyx Design to understand and investigate the complaint.
27.3 Both parties agree to make reasonable efforts to resolve a dispute directly and in good faith before commencing court proceedings.
27.4 Nothing in this section prevents either party from seeking urgent legal relief where necessary.
28. Communications and Notices
28.1 Project communications may take place by email, telephone, video call, messaging services, project-management software or another agreed communication channel.
28.2 Formal cancellation or termination notices must be provided in writing, including by email.
28.3 A notice sent by email will normally be treated as received when it would ordinarily become accessible to the recipient, provided that the sender has not received a failed-delivery notification.
29. Changes to These Terms
29.1 Apyx Design may update the website version of these Terms and Conditions from time to time.
29.2 Changes will not retrospectively alter the terms governing an existing fixed project unless agreed between the parties or required by law.
29.3 The version normally applicable to a fixed project will be the version in effect when the agreement for that project was entered into.
29.4 For ongoing services, Apyx Design may introduce reasonable changes to these Terms by providing reasonable advance notice.
30. Entire Agreement
30.1 The accepted quotation, any project-specific written agreement and these Terms constitute the entire agreement between Apyx Design and the Client concerning the contracted services.
30.2 Each party acknowledges that it has not relied upon any statement or representation which is not contained within the agreement, except that nothing in this clause excludes liability for fraud or fraudulent misrepresentation.
31. Severability
31.1 If a provision of these Terms is found to be invalid, unlawful or unenforceable, it will be modified to the minimum extent necessary to make it enforceable where possible.
31.2 If modification is not possible, the affected provision will be treated as deleted.
31.3 The remaining Terms will continue in effect.
32. Waiver
32.1 A failure or delay by either party to enforce a contractual right does not amount to a waiver of that right.
32.2 A waiver relating to one breach does not automatically waive any future breach.
33. Assignment and Subcontracting
33.1 The Client may not transfer or assign its rights or obligations under an agreement with Apyx Design without our prior written consent, which will not be unreasonably withheld.
33.2 Apyx Design may use freelancers, subcontractors, specialist developers, designers or other suppliers where reasonably necessary to assist with delivery of a project.
33.3 Where subcontractors are used, Apyx Design remains responsible to the Client for the services Apyx Design has agreed to provide.
34. Third-Party Rights
34.1 Unless expressly stated otherwise, a person who is not a party to the agreement has no right to enforce its terms under the Contracts (Rights of Third Parties) Act 1999.
35. Relationship Between the Parties
35.1 Nothing in these Terms creates a partnership, joint venture, employment relationship or agency relationship between Apyx Design and the Client.
35.2 The Client and Apyx Design act as independent contracting parties.
36. Governing Law and Jurisdiction
36.1 These Terms, each agreement entered into under them and any dispute or claim arising from or connected with them shall be governed by and interpreted in accordance with the laws of England and Wales.
36.2 This includes disputes and claims of a non-contractual nature.
36.3 Where the Client is acting in the course of business, the courts of England and Wales shall have exclusive jurisdiction to determine any dispute or claim arising from or relating to the agreement.
36.4 If Apyx Design expressly agrees to provide services to a Client who is legally acting as a consumer, nothing in these Terms is intended to restrict mandatory consumer rights relating to applicable law or the courts in which proceedings may lawfully be brought.
37. Contact Information
Questions, notices or complaints relating to these Terms and Conditions should be sent to:
Apyx Design, Malakai Goodison trading as Apyx Design, [email protected], apyxdesign.com