SwyftHost Terms and Conditions

Terms of Service

Last updated: April 2026 · Governing law: England & Wales

These Terms of Service ("Terms") govern your access to and use of all services provided by SwyftScale ("SwyftScale", "we", "us", or "our"), including our website, client portal, and any software, application, or digital product we design, develop, or deliver on your behalf. By accessing our services or engaging us to perform work, you agree to be bound by these Terms in their entirety.

Individual engagement agreements, invoices, and project proposals may contain additional or more specific terms that supplement these Terms. Where a conflict exists, the terms of the specific engagement agreement shall prevail.

1. Acceptance of Terms

By accessing the SwyftScale website, creating an account, paying a deposit, signing an engagement agreement, or otherwise instructing SwyftScale to commence work, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. If you do not have such authority, you must not accept these Terms or use our services.

2. Description of Services

SwyftScale provides web design, web development, mobile application development, software consultancy, and related digital services. Our offerings include but are not limited to:

• The £99 Starter Build: A single-page scrollable website at a fixed price, plus optional managed hosting.
• Bespoke Web Design & Development: Multi-page websites and custom applications quoted on a fixed-price basis.
• Custom Software & Applications: Bespoke web and mobile application development, including SaaS products, internal tools, and client-facing platforms.
• Enhanced Support: Priority support, dedicated engineering time, and proactive maintenance.
• Growth Grant: A competitive programme awarding eligible UK businesses a built website at no upfront cost, subject to application and availability.

The specific deliverables, timeline, and pricing for each project are set out in the relevant engagement agreement, proposal, or invoice. SwyftScale reserves the right to modify, suspend, or discontinue any service offering with reasonable notice.

3. Service Availability, Outages & Maintenance

3.1 No Uptime Guarantee on Delivered Software

Where SwyftScale designs or develops a software product, application, or website on your behalf, SwyftScale provides no warranty of continuous availability, uptime, or uninterrupted operation of that product after delivery and client acceptance, unless an explicit uptime SLA (Service Level Agreement) is included in a signed enhanced support agreement.

The availability of your delivered software is dependent on third-party infrastructure providers, including but not limited to hosting providers, cloud platforms, content delivery networks, and domain registrars. SwyftScale has no control over and accepts no liability for outages, downtime, or service degradation caused by these third parties.

3.2 Client Portal & SwyftScale Platform Availability

SwyftScale makes reasonable efforts to maintain availability of its client portal and internal platforms. However, we do not guarantee uninterrupted access. Planned maintenance may be carried out from time to time, during which services may be temporarily unavailable. We will endeavour to provide advance notice of planned maintenance where reasonably practicable.

SwyftScale shall not be liable for any loss, damage, or business interruption arising from planned or unplanned downtime of the SwyftScale platform, client portal, or any delivered software product, except where such downtime results directly from SwyftScale's gross negligence.

3.3 Third-Party Services & Integrations

SwyftScale frequently integrates third-party APIs, payment gateways, authentication providers, mapping services, communication platforms, and other external services into delivered software. SwyftScale accepts no liability for outages, changes in pricing, deprecation of APIs, data loss, or security incidents caused by or attributable to any third-party service provider.

It is the client's responsibility to maintain active accounts and comply with the terms of any third-party services used within their delivered software. SwyftScale may assist in diagnosing third-party integration issues but is not obligated to do so outside of an active support agreement.

3.4 Payment Processing Systems

Where SwyftScale builds, configures, or integrates payment processing functionality (including but not limited to Stripe, PayPal, GoCardless, or other payment gateways) into a client's software product, the following terms apply:

• SwyftScale acts solely as the developer and technical integrator. SwyftScale is not a payment service provider (PSP) and is not regulated as such.
• The client is solely responsible for their own compliance with applicable financial regulations, including but not limited to PCI DSS, PSD2, FCA requirements, anti-money laundering (AML) obligations, and any other applicable laws.
• SwyftScale accepts no liability for any failed transactions, disputed charges, chargebacks, fraud, or financial losses arising from the operation of payment processing functionality within delivered software.
• The client is solely responsible for ensuring that their payment processing configuration, tax handling, refund policies, and merchant agreements with payment gateway providers are appropriate for their business.
• SwyftScale shall not be liable for any regulatory fines, sanctions, or legal action brought against the client in connection with payment processing activities on software delivered by SwyftScale.

4. Client Accounts

To access the SwyftScale client portal, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at hello@swyftscale.com if you suspect unauthorised access.

We reserve the right to suspend or terminate accounts that contain false or misleading information, engage in prohibited conduct, or otherwise breach these Terms.

5. Payment and Billing

All fees are agreed in writing before work commences and quoted in GBP (£) unless otherwise stated. SwyftScale uses Stripe to process card payments. By providing payment information, you authorise SwyftScale to charge the agreed fees. Payment card data is handled by Stripe and subject to Stripe's Privacy Policy — SwyftScale does not store card details.

Invoices are due within the timeframe specified on the invoice or engagement agreement. Failure to pay by the due date may result in suspension of services, withholding of deliverables, and/or accrual of late payment interest at the rate of 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

5.1 Deposits

Deposit requirements are determined by agreed project value:

Deposits are non-refundable. Payment of a deposit constitutes your instruction to SwyftScale to commence work. The deposit covers costs incurred from that point forward including discovery, planning, design, and development. Should you cancel after work has commenced, the deposit covers work completed to that date and will not be refunded.

In exceptional circumstances where SwyftScale is unable to deliver the agreed scope through no fault of the client, a partial or full refund may be considered at SwyftScale's sole discretion on a case-by-case basis.

5.2 Price Match Guarantee

SwyftScale will endeavour to match or beat a written quotation from another registered agency for comparable work, subject to: the quote being dated within 30 days of your enquiry, from a verifiable registered business, and for a reasonably comparable scope. SwyftScale reserves the right to decline any price match at its sole discretion. Does not apply to Growth Grant applications.

5.3 Hourly Rate

Where additional work beyond agreed fixed-price scope is authorised in writing, SwyftScale's standard rate is £33.50 per hour + VAT, subject to change with 30 days' written notice.

6. Intellectual Property

Upon receipt of full payment for a project, you own the final deliverables specific to your project (website files, application source code). SwyftScale retains ownership of any independently developed frameworks, libraries, tools, templates, and methodologies used in or to produce the deliverables.

Unless you request otherwise in writing before project commencement, you grant SwyftScale a non-exclusive, royalty-free right to display completed work in our portfolio, marketing materials, and case studies.

You represent and warrant that any content, imagery, branding, data, or materials you provide to SwyftScale for use in your project do not infringe any third-party intellectual property rights. You agree to indemnify SwyftScale against any claims arising from such infringement.

7. Client Responsibilities

To enable SwyftScale to deliver services effectively, you agree to:

• Provide timely feedback, approvals, and required materials within agreed timeframes.
• Ensure that content and assets you provide are owned by you or properly licensed.
• Maintain any third-party accounts (hosting, domains, APIs, payment gateways) required for your project.
• Comply with all applicable laws and regulations governing your use of delivered software, including data protection laws, financial regulations, and consumer protection laws.
• Promptly notify SwyftScale of any security vulnerabilities, breaches, or incidents that may affect delivered software.

Delays caused by the client's failure to meet these responsibilities may extend project timelines and are not grounds for a refund or fee reduction.

8. Acceptable Use

You agree not to use SwyftScale's services or any software delivered by SwyftScale to:

• Create or distribute content that is unlawful, harmful, defamatory, abusive, or discriminatory.
• Violate any applicable laws, regulations, or the rights of any third party.
• Conduct or facilitate fraudulent, deceptive, or illegal financial activities.
• Process payments in jurisdictions or industries prohibited by applicable payment gateway terms or law.
• Infringe on the intellectual property rights of others.
• Engage in activity that disrupts, damages, or interferes with SwyftScale's services or infrastructure.

9. Limitation of Liability

9.1 General Cap

To the maximum extent permitted by applicable law, SwyftScale's total aggregate liability to you for all claims arising out of or in connection with these Terms, any engagement agreement, or your use of our services — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total fees paid by you to SwyftScale in the twelve (12) months immediately preceding the event giving rise to the claim.

9.2 Excluded Losses

SwyftScale shall not be liable — whether in contract, tort, or otherwise — for any of the following, even if advised of the possibility of such losses:

• Loss of profits, revenue, or anticipated savings.
• Loss of business, contracts, or goodwill.
• Loss of data or corruption of data.
• Business interruption or loss of use.
• Any indirect, special, incidental, consequential, or punitive damages of any kind.
• Any loss arising from the operation of payment processing systems integrated into delivered software.
• Any loss arising from third-party service outages, API changes, or platform failures.
• Any regulatory fines, penalties, or sanctions arising from your use of delivered software.
• Any claims by your customers, end users, or any third party in connection with software delivered by SwyftScale.

9.3 Exceptions

Nothing in these Terms shall exclude or limit SwyftScale's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by English law.

10. Indemnification

You agree to indemnify, defend, and hold harmless SwyftScale and its directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of any software or service delivered by SwyftScale.
• Your violation of these Terms or any applicable law.
• Your operation of any payment processing, data collection, or financial services functionality within delivered software.
• Any content, data, or materials you provided to SwyftScale.
• Claims by your customers, end users, or any third party arising from your use of delivered software.

11. Warranties Disclaimer

All services are provided "as is" and "as available." Except as expressly stated in a signed engagement agreement, SwyftScale makes no representations or warranties of any kind, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

SwyftScale does not warrant that delivered software will be error-free, secure, or free from vulnerabilities at all times after delivery and client acceptance. Post-delivery security patching and maintenance requires a separate support agreement.

12. Data Protection & Security

SwyftScale processes personal data in accordance with our Privacy Policy and applicable data protection legislation, including the UK GDPR and Data Protection Act 2018.

Where SwyftScale builds software that collects, stores, or processes personal data on your behalf or that of your end users, you are the data controller and SwyftScale acts as a data processor. You are responsible for ensuring your use of that software complies with applicable data protection law. A Data Processing Agreement can be provided upon request.

SwyftScale implements reasonable technical and organisational security measures. However, no system is completely secure and SwyftScale cannot guarantee absolute security of data transmitted to or stored within delivered software.

13. Force Majeure

SwyftScale shall not be in breach of these Terms or liable for any failure or delay in performance of its obligations where such failure or delay results from circumstances beyond SwyftScale's reasonable control, including but not limited to: acts of God, pandemic, war, civil unrest, government action, failure of third-party infrastructure (including cloud providers, internet service providers, or payment processors), power outages, or labour disputes.

In such circumstances, SwyftScale will notify you as soon as reasonably practicable and the time for performance will be extended accordingly.

14. Termination

Either party may terminate a service engagement with 30 days' written notice, except where immediate termination is justified by a material breach that has not been remedied within 14 days of written notice. Upon termination, you remain liable for all fees due for work completed to the termination date.

SwyftScale may immediately suspend or terminate services if you breach payment obligations, engage in prohibited conduct, or act in a manner that brings SwyftScale into disrepute.

15. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute arising from or in connection with these Terms shall first be attempted to be resolved through good faith negotiation. If unresolved within 30 days, either party may refer the matter to the exclusive jurisdiction of the courts of England and Wales.

16. Changes to These Terms

SwyftScale may update these Terms at any time. The current version is always available at swyftscale.com/tos. Material changes will be communicated to registered users by email. Continued use of our services after the effective date of changes constitutes acceptance.

17. Contact

For questions about these Terms, contact us at hello@swyftscale.com or through the contact form at swyftscale.com.