Waymark HospitalitySee my website for free
Menu

Website Build and Care Agreement

Supplier: Just Cook Technologies Ltd, registered in England and Wales, company number 17053705, registered office 128 City Road, London, EC1V 2NX, trading as Waymark Hospitality, hello@waymarkhospitality.com (“we”, “us”). Customer: the business that accepts this agreement when setting up the Direct Debit for the first payment, as named on that payment (“you”). You are buying for your business, not as a consumer. If the law treats you as a consumer all the same, nothing in this agreement takes away a right you have as one. Date: the day you accept it under clause 15.

This is a short agreement in plain English. Where it says “the site” it means the website we build for you under clause 1, at the domain in clause 8.

1. What we will build

A website for your venue, as you approve it on the call: a home page, and a page of its own for any part with more to say than the home page can hold, such as the menu or what’s on. Built in: click to call, opening hours, a map, a photo gallery, structured data for search engines, a link to whatever booking or ordering service you already use, a list of what’s on, and a form for party and function enquiries that reaches you by email with a suggested reply. The menu is written as text on the page, not a PDF. We do not provide a booking or ordering system of our own, and we do not take card payments on the site.

Anything not listed here is not included. Extra pages or features are quoted separately in writing.

2. Price and payment

3. Minimum term

The monthly care fee runs for a minimum of 12 months, counted from your first payment. If you end this agreement before then, unless it is because we have seriously broken it, the monthly care fees for the rest of those 12 months fall due at once. Leaving early costs nothing more than that. After the 12 months it continues month to month, and either of us may end it, or you may move to a lower plan, with one month’s written notice. Listing care taken later runs twelve months from the day it starts (clause 7A). The extras in clause 7B are not bound by the twelve months: they end on 30 days’ notice.

4. Revisions

Your website includes one round of revisions: one list of changes from you, made in one go, before launch. After launch, changes come under the care plan (clause 7).

5. What you must supply, and your promise about it

You supply the photos, logo, menu, prices, opening hours, allergen information and any other text you want on the site, within 14 days of your first month’s payment. We launch only once you have confirmed the details and photo permissions. No photo goes live unless you have confirmed you have permission to use it or it has been replaced with one that is cleared for use.

You warrant that everything you supply is yours to use, or you have permission to use it, and that it is accurate. That includes photos, the logo, menu descriptions, prices and, above all, allergen information: we publish exactly what you approve, and you are responsible for checking it. It also includes any photo we took from your own website or Google listing for the demo, once you have confirmed to us in writing that it is yours to use. You will indemnify us against any claim, loss or cost that comes from material you supplied or approved, including a copyright claim over a photo or a complaint about allergen information.

Dietary and allergen labels are yours. Every dietary or allergen mark on your menu (V, VG, GF, allergens and the like) comes from you. We copy the marks you give us as carefully as we can, but we do not know your dishes and do not check them. You check the menu, marks included, before the site goes live and after every change you ask for, and tell us of anything wrong; we correct it within one working day. Responsibility for what the labels say stays with you.

Any hygiene rating shown on the site is fetched live from the Food Standards Agency or left off. We never type one in.

6. Who owns what

7. Care plan

This is the website care in Footpath, and every plan includes it. The monthly fee covers hosting (clause 9), your domain (clause 8), security updates, uptime monitoring, a backup kept off-site every week, and:

Bigger changes (a new page, a redesign, a feature your site does not have) are quoted separately.

Branded promotions. Each month Footpath includes 4, Bridleway 8 and Highway 16. One event or offer counts as one promotion across its formats, such as a poster, square post, story and captions. Resizing or correcting the same design does not use another promotion. Ordinary website changes above are outside this allowance. Four extra promotions cost £25 on any plan.

Footpath includes promotion material for your website and files ready to print or post. Bridleway and Highway also include publishing to your Google listing, Facebook page and Instagram account. Highway includes material for newsletters; sending newsletters remains part of Highway or the separately purchased what’s-on email service in clause 7B, not a separate send for every promotion. Extra packs increase the number of promotions, not the channels your plan includes. We check each poster before use and approve public changes; any approval you are asked to give is additional.

7A. Listing care (Bridleway)

Listing care is what Bridleway adds to Footpath, and Highway includes it. You can take it on the call in which you approve the site or later in writing. Each month we: keep your listing’s hours and holiday hours right; post your news and the photos you send on your Google listing, and the same news on your Facebook page and Instagram account; draft replies to your reviews for you to approve before anything is posted, and reply to every review once you have; keep your name, address and phone the same across the main directories; seek one or two links to your site from local websites; and send a fuller monthly report, including what people searched for and where you appeared, and your listing’s own calls, direction requests and website clicks.

We also make you a link page on your site, which shows side by side the ways a customer can leave a review, see the menu, book and follow you, and we supply printed cards for your bar and tables that open it. We give you wording for your bills, booking messages and posts too, so that every customer is asked and none is rewarded, because Google forbids that.

7B. Highway and the extras

Highway adds the extras below to Bridleway. On Footpath or Bridleway you may take any one of them by itself, by the month, at the price given for it.

Ending them. Each is a monthly service added to the website. Either of us may end any of them by giving the other 30 days’ notice. Ending one does not end the website, and the twelve months in clause 3 do not extend or shorten them. If you end them on Highway, your plan becomes Bridleway at £200 a month, and the twelve months in clause 3 cover only that £200.

Your guests’ and callers’ details. You agree to our processing terms in the Schedule, which say how we handle the details of the guests and callers who use the enquiry form and these extras.

8. Your domain name

9. Hosting

We host the site on our own hosting account. We aim to keep it available all the time but we are one person and cannot promise a fixed uptime figure. We keep a copy of the site’s source and content and can restore it. We may move the site to a different hosting provider at no cost to you and with no change to your domain.

10. Leaving

There is no exit fee: leaving early costs only what clause 3 says. When this agreement ends, or whenever you ask, we will within five working days give you the domain’s transfer code (or confirm the domain is already under your control) and return everything you supplied. Your domain and your own material are never held back. Once everything you owe us is paid, we will also give you a complete copy of the site (the built files and the source content) and any records needed to run it elsewhere.

11. What we do not promise

We do not promise a search ranking, a number of visitors, bookings, orders or revenue. We do not give legal advice about your own obligations (for example allergen labelling or licensing); we build what you approve.

12. Limit of our liability

Our total liability to you under this agreement, however it arises, is limited to £2,500 or the fees you have paid us in the 12 months before the claim, whichever is more. We are not liable for loss of profit, loss of bookings or orders (whether direct or indirect), or any other indirect loss. Nothing in this agreement limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow us to limit.

13. Personal data

Where we handle personal data on your behalf (names on your site, details in the changes you send us, or a contact form), you are the controller and we are your processor, for as long as this agreement runs and only to host the site, count visits to it, and make the changes you ask for, and to pass on the email sent to your hello@ address and the enquiries from your site, and run any extras you take (clause 7B). For the enquiry form and the extras, the processing terms in the Schedule apply as well. We act only on your written instructions, keep the data secure, make sure anyone working on it keeps it confidential, tell you promptly of any breach, help you answer anyone who asks about their data, and give you the information you need to show this clause is kept. We use only the providers named on our privacy page, and tell you before adding one so you can object. When this agreement ends we hand the data back or delete it, as you choose. Enquiries are sent to your inbox and not stored by us.

14. Governing law

This agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

15. Accepting this agreement

You accept this agreement by ticking the box that says you agree to these terms when you set up your Direct Debit through our payment link. Our payment provider records when you ticked it.

Once your Direct Debit is set up we email you a copy of this agreement with your business name and the date filled in, signed by us. Our signature on that copy is the signature required by section 90(3) of the Copyright, Designs and Patents Act 1988 for the assignment in clause 6.

16. General

Signed for the Supplier: ____________________ Name: James Read Position: Director, for and on behalf of Just Cook Technologies Ltd Date: ________

Schedule: how we handle your guests’ and callers’ details

These are the processing terms UK GDPR Article 28(3) requires, for the enquiry form (clause 1) and the extras (clause 7B). You are the controller of these details and we are your processor.

  1. What, and for how long. We run the enquiry form and the extras you take, for as long as you have them, and keep the details only as point 9 says.
  2. Purpose. To pass enquiries to you with a suggested reply; to answer visitors’ questions in the chat; to collect sign-ups and send your news emails; to answer your unanswered calls, take messages, pass calls to you and tell you which questions your website did not answer; and to bill you for the phone’s minutes. Nothing else.
  3. The details and whose they are. Your website’s visitors, guests and callers: for an enquiry, a name, email address, phone number, date, number of people, occasion and message; for the chat, what is typed; for a sign-up, an email address, a first name if given, the page and when it was confirmed; for a call, what is said (kept as a written transcript, never as audio), the number that rang, and any name, number and message given; and the IP address and browser details the form’s spam check reads. Free text and speech can hold anything a person chooses, health details included, though they are asked not to.
  4. Instructions. We act only on your written instructions, which are this agreement and your requests, and tell you if we think one breaks data protection law.
  5. Confidentiality. Everyone who handles the details is bound to keep them confidential.
  6. Security. We keep the details secure: the services and their keys are ours alone, only your own website may use the forms, spam checks and daily limits stop abuse, and our services keep no log of what people write or say.
  7. Other processors. You agree to the providers below, and we tell you before adding or replacing one so that you can object.
  8. Help. We help you answer anyone who asks to see, correct or delete their details, pass on any such request that reaches us, tell you without undue delay of a personal data breach, and help with your own security duties, impact assessments and dealings with the Information Commissioner.
  9. What is kept, and the end. We keep each enquiry, with the reply suggested for it, in your zone for 90 days, then delete it, and we keep no chat message or phone message. Each goes to you, and Resend keeps each email it sends for 30 days. Anthropic keeps what it is sent for up to 30 days, or up to two years if its safety systems flag it as misuse. ElevenLabs keeps a call’s transcript for 30 days, and Twilio keeps its record of each call and text for up to 13 months. The questions the assistant could not answer are emailed to you and to us, and our copy is kept for up to two years. For billing we keep each answered call’s time and length for six years. A sign-up’s record and your list of guests are kept while you have the emails; when they end we offer you the list, then delete it, or delete it straight away if you prefer, unless the law requires us to keep it.
  10. Audits. We give you what you need to show these terms are kept, and allow audits, including inspections, by you or your auditor on reasonable notice.

The providers, what each does, where, and what lets the details go there: