Terms of Use
These terms govern four different relationships: using this website, buying a licence for one of our digital products, engaging us to build or maintain a website, and installing one of our mobile applications. Sections 1–6 and 18–34 apply to everyone; the rest applies according to what you are doing with us. Nothing here reduces your statutory rights as a consumer.
1. About us and these terms
The supplier behind this website, the digital products, the commissioned work and the applications is THEME CANVAS UK LIMITED, a company on the Northern Ireland register under Company No. NI736836. Formal service of a document goes to the registered office standing against that number at Companies House, which is the only address with legal effect for that purpose. Day-to-day correspondence reaches us at team@themecanvas.uk. The studio trades under the name Theme Canvas UK.
Your contract with us is assembled from this page plus whatever else we have agreed with you: licence terms shipped with a product, an order confirmation, a proposal, a statement of work. Should a signed proposal say something different from this page, the proposal governs that particular project and this page yields to it.
2. Definitions
| Business Day | A weekday on which Northern Ireland is not observing a public holiday. |
|---|---|
| Consumer | Somebody buying for private reasons, with no trade, business, craft or profession of their own in the picture. |
| Business Customer | Every other buyer: companies, partnerships, charities, agencies, and sole traders purchasing for their business. |
| Products | Our WordPress themes, Elementor template kits and plugins, in free or paid form, and any updates to them. |
| Services | Custom design, development, migration, maintenance and support work we agree to carry out. |
| Apps | Mobile applications published by us on the Apple App Store or Google Play. |
| Licence Key | The credential that identifies a paid licence and entitles the installation to updates and support. |
| Deliverables | The materials we create for you under a Services engagement and deliver to you. |
| Pre-existing Materials | Anything either party owned or created before the engagement, or created outside it, including our frameworks, libraries, starter code, patterns and tooling. |
3. Scope and acceptance
By using this website you accept sections 1–6 and 18–34. By buying or installing a Product you also accept sections 7–12 and 15–22. By engaging us for Services you also accept sections 13–22. By downloading or using an App you also accept section 23. If you do not accept the applicable terms, do not use the website, the Products, the Services or the Apps.
Please read these terms before you order. When you place an order you will be asked to confirm that you accept them; if you refuse, we cannot supply you.
4. Eligibility and accounts
Buying from us, or commissioning work, requires you to be 18 or over. Someone agreeing to this page for an employer is stating that they may commit that organisation, and from then on every "you" in this document means the organisation rather than the individual.
Two kinds of account exist: the customer account holding your licences and downloads, and any account created inside an application. For either one, give us details that are accurate, keep the credentials to yourself, and write to team@themecanvas.uk as soon as you suspect somebody else has been using it. Whatever happens under your account is attributed to you, unless it happened because of something we got wrong. A password reset may be imposed by us where security calls for it.
5. What we offer
We supply (a) free Products, generally under the GNU General Public Licence and often distributed through WordPress.org; (b) paid Products supplied with a Licence Key, typically including one year of updates and support from purchase; (c) Services — custom themes and plugins, business websites, WooCommerce builds, migrations, maintenance and support; and (d) Apps distributed through the app stores.
What this website says about a product, including one still on the easel, is written in good faith and may well move before release. Treat none of these pages as an offer you can accept into existence: the contract begins at the moment we confirm your order, or at the moment both signatures are on a proposal or statement of work.
6. Website use and acceptable use
You may view this website and download or print pages for your own personal or internal business use. The website's content — text, design, graphics, logos and artwork — belongs to us or our licensors. You may not systematically scrape, republish or redistribute it commercially without our written permission.
Off limits, in plain terms: breaking the law through these pages; reaching for access you were not given, whether to the site, its hosting or anything wired to it; planting malicious code; running probes or scans against it without our say-so, though a security finding reported in good faith to team@themecanvas.uk is welcome and breaks nothing; pushing unsolicited advertising through it; and dressing yourself up as us or claiming a connection that does not exist.
Where we link to third-party sites or resources, we do so for information only. We do not control them and accept no responsibility for them.
7. Ordering digital products, prices and VAT
Prices are shown at checkout in the currency stated and are inclusive or exclusive of tax as indicated. Our VAT status is shown on our invoices and at checkout; where VAT applies it is charged at the applicable rate. For sales of digital products to consumers in EU member states, VAT may be charged at the rate of the consumer's own country under the applicable EU rules, and we may ask for or record evidence of your location for that purpose (see the Privacy Policy). Business Customers in the EU should provide a valid VAT number where they wish us to consider the reverse charge.
We take reasonable care to price correctly. If we discover an obvious pricing error before supply, we will contact you and you may confirm the order at the correct price or cancel it for a full refund. Delivery of a Product is by download and Licence Key issued to the email address on the order, normally immediately after payment is confirmed.
8. Product licence grant and restrictions
Free Products. Free Products distributed under the GNU General Public Licence are governed by that licence, which permits use on unlimited sites and grants rights that these terms do not restrict. Where the GPL and these terms conflict in relation to the GPL-licensed code, the GPL prevails.
Paid Products. Subject to payment, we grant you a non-exclusive, non-transferable, worldwide licence to install and use the Product on the number of websites permitted by the tier you bought, for as long as you comply with these terms. Where the Product includes GPL-licensed code, that code is licensed to you under the GPL; other components — including images, fonts, demo content and packaged assets — are licensed only as set out here.
You may install a Product on a staging or development copy of a licensed site without it counting as a separate activation. You may modify a Product for use on your own or your client's site. Where you build a site for a client using a Product, you may deploy it on that client's site as one of your permitted activations, and you must not resell the Licence Key itself.
You must not: share, sell or publish a Licence Key; use one licence to obtain updates for sites the tier does not cover; remove or obscure copyright notices in non-GPL assets; or redistribute packaged assets separately from the Product. We may suspend a Licence Key that is being used outside the permitted scope, after telling you and giving you a reasonable opportunity to put it right.
9. Updates, support and renewals
A paid licence includes updates and email support for the period stated at purchase, normally one year. Support means help with the Product working as documented; it is not custom development, and we may decline work that is outside that scope or quote for it separately.
To deliver updates, the Product checks periodically with our licence and update service. The check transmits the site URL, the Licence Key, the product identifier and version, and the WordPress and PHP versions — no site content, users or visitor data. It is described in full in section 7 of our Privacy Policy, and you can stop it by deactivating the licence, with the consequence that automatic updates stop.
When the period ends, the Product continues to work; you stop receiving new versions and support until you renew. Renewal prices are those in force at renewal. We aim to give notice before a period ends, but keeping track of your own renewal date remains your responsibility.
10. Consumer cancellation rights
Consumers buying at a distance get a 14-day window in which to walk away, granted by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. For digital content the clock starts the day after the contract comes into being.
The immediate-supply waiver. For digital content supplied immediately — a download, a Licence Key, an in-app unlock — you will be asked at checkout to (a) give express consent to supply beginning before the 14-day period ends, and (b) acknowledge that you thereby lose the right to cancel. Both are required by regulation 37(1). We record that you gave them. If you would rather keep the cancellation right, do not tick the box: we will make the download available after the 14 days have run.
Where you cancel within the period and supply has not begun, we refund in full within 14 days of being told, using the same payment method. Cancellation rights for App purchases are handled by the store you bought from, in addition to your statutory rights.
11. Consumer Rights Act 2015
Three standards are imposed on anything digital we sell to a Consumer by the Consumer Rights Act 2015. It has to be of satisfactory quality. It has to suit any particular purpose you told us about before buying. And it has to match how we described it. No wording anywhere on this page can take those away from you.
Where something falls short, the first remedy is putting it right or supplying it again, done within a reasonable time and without dragging you through significant inconvenience. Where that cannot be achieved, or simply is not achieved, the remedy becomes money back, up to everything you paid. Section 46 of that Act deals with a different situation altogether: our digital content damaging your equipment or your other files because we fell short of reasonable care and skill. Where that happens, putting it right or paying for it may fall to us.
12. Refunds
Our support-first approach. If a Product does not work as documented, email team@themecanvas.uk and give us the chance to fix it — most problems are configuration and are resolved quickly. If we cannot make the Product work as described for you within 14 days of your purchase, we will refund it in full.
We do not otherwise refund for a change of mind after download, or where the Product works as described and simply does not suit your project, but we apply this policy reasonably and in good faith. Refunds are made to the original payment method within 14 days of us agreeing them.
This policy sits alongside, and does not replace, the statutory rights in sections 10 and 11 — including your remedies for faulty digital content, which are available whether or not our 14-day window has passed. Purchases made through the Apple App Store or Google Play are refunded under those stores' policies, and you should raise them with the store first; your statutory rights against us are unaffected.
13. Custom website builds
Scope. Every engagement begins with a written scope and a fixed quote. The scope defines what is included; anything not described in it is out of scope.
Change control. If you ask for work outside the agreed scope, we will tell you the effect on price and timeline in writing before doing it. We will not incur extra charges without your written agreement, and you are not obliged to accept a change.
Your responsibilities. Timely delivery depends on you: providing content, images, brand assets, access and approvals when agreed, giving feedback within the agreed rounds, and holding the rights to everything you give us. Where a delay on your side pushes the project past an agreed date, we will re-plan in good faith but are not liable for that delay.
Third-party services. Hosting, domains, plugins and services bought in your name are governed by their own providers' terms and are your responsibility unless we have agreed in writing to manage them.
Acceptance and handover. Deliverables are treated as accepted on launch, or 10 Business Days after we notify you they are ready, whichever comes first, unless you have told us in writing what does not meet the scope. Handover includes administrative access, a handover document and a walkthrough recording. Our access to your systems is removed at handover; keeping your site updated and secure afterwards is yours unless we have a maintenance agreement.
14. Intellectual property in custom work
Pre-existing Materials stay with whoever owned them. Ours — frameworks, libraries, starter code, patterns, tooling — remain ours; yours — brand, content, images, data — remain yours, and you licence them to us only as far as we need to do the work.
Deliverables. Once the invoice is settled in full, ownership of the intellectual property in whatever we made specifically for you passes to you. Two things are carved out of that transfer: our Pre-existing Materials, and components belonging to third parties. Our own materials that ended up embedded inside a Deliverable stay ours, and you receive instead a licence over them that never expires, applies anywhere, is not exclusive to you and costs nothing further, covering use, modification and hosting as part of that Deliverable. What it does not cover is lifting them out and putting them back on the market as a product of their own.
Third-party components. Open-source and commercial components are supplied under their own licences, which pass through to you. Where WordPress code is involved, the GNU General Public Licence generally applies and is not restricted by this section.
Until payment is received in full, you have a temporary licence to use the Deliverables for review and launch only, which ends if the contract is terminated for non-payment.
Portfolio. We may name you as a client and show screenshots of public-facing work, unless you tell us in writing that you would rather we did not. We will never show confidential material.
15. Fees, invoicing and late payment
A product is paid for at the checkout, before it reaches you. Commissioned work is billed the way the proposal sets out, which usually means a deposit releasing the start of work and the remainder at completion, or a monthly invoice in arrears where we are maintaining something. Unless a proposal fixes a different period, settlement is due 14 days from the date on the invoice. Figures exclude VAT unless marked otherwise, and expenses cleared with you beforehand are passed on at what they cost us.
Overdue invoices, Business Customers. An invoice left unpaid by a Business Customer engages the Late Payment of Commercial Debts (Interest) Act 1998. Under it we may charge interest at 8% above the Bank of England base rate, calculated on what is outstanding. A fixed sum is payable as well, scaled to the size of the debt: £40 below £1,000, £70 between £1,000 and £9,999.99, and £100 from £10,000 upwards. Reasonable recovery costs are recoverable too. Work may additionally be paused under section 22 for as long as the invoice stands unpaid.
Overdue invoices, Consumers. Statutory business interest is not applied to a Consumer. Interest at a reasonable rate and reasonable recovery costs may still be charged, and none of that disturbs the rights the law gives you.
Sums due are to be paid whole. Withholding part of an invoice against a set-off, a counterclaim or a deduction is not open to you unless the law requires it.
16. Confidentiality
Working together means each side sees material the other would rather keep in-house: what was charged, login credentials, plans not yet announced, a client list, source code. Each side promises to keep such material to itself, to employ it for the contract and nothing else, and to circulate it no further than the staff, contractors and advisers who truly need sight of it under equally firm obligations.
Four situations fall outside that undertaking. Material already public without anyone breaching anything. Material the receiving side lawfully knew beforehand. Material arrived at independently. And material a court, statute or regulator compels someone to hand over, where the side under compulsion will warn the other first if the law permits a warning. The obligation outlives the contract by three years, except for trade secrets and personal data, where it never lapses at all.
17. Data protection
Our conduct as controller is documented in the Privacy Policy, and that document is incorporated into this contract.
A second arrangement applies whenever we handle personal data at your direction, which covers creating or looking after your site, working inside it to fix something, taking backups and running migrations. In all of those, the controller is you and the processor is us. The project contract carries the processing terms for it, drafted to include everything Article 28(3) of the UK GDPR demands and summarised at section 8 of the Privacy Policy. Two assurances are asked of you in return: that a lawful basis exists for the data you hand us, and that the privacy information you publish already accounts for it. Where no signed processing terms are on file between us and you need a set, ask and they will be sent.
18. Warranties
Three promises are given. Commissioned work will be carried out with reasonable care and skill by people equipped to do it. A Deliverable will match the agreed scope in substance at the point you accept it. A Product will behave in substance the way its own documentation says it behaves.
Where a Product falls short, raise it with us within a reasonable time and the answer is a correction, a replacement or a refund under section 12. Where commissioned work falls short, raise it within 30 days of acceptance and the affected portion is done again at our expense. Those are the routes this section gives you, and they sit on top of, never instead of, a Consumer's statutory rights.
Some things are not promised, and saying so plainly is fairer than burying it. Software is not guaranteed free of faults or free of interruption. It is not guaranteed to sit happily on every possible combination of host, PHP build, theme and plugin. And it is not guaranteed against future releases of WordPress or of third-party code that nobody here controls.
19. Disclaimers
Section 18 contains our promises, and your statutory rights stand whatever happens. Outside those two things, terms that statute or common law would otherwise write into this agreement on our behalf are excluded, to whatever extent exclusion is lawful.
These pages exist to inform. Where they describe a product still being drawn, they describe an intention held in good faith, and no feature and no date is being committed to. Third-party services, hosting arrangements, plugins and themes that you elect to run are outside our responsibility, whether the question is availability, security or content. So is loss that follows from your own site, backups or credentials being left unprotected.
20. Limitation of liability
Four liabilities cannot be touched by anything written here. Death or injury to a person brought about by our negligence. Fraud, and fraudulent misrepresentation with it. The title terms implied by section 12 of the Sale of Goods Act 1979, along with what stands in their place in the Consumer Rights Act 2015. And every other liability the law puts beyond the reach of exclusion or capping.
Consumers. Loss that follows foreseeably from a breach or a piece of negligence on our part is ours to answer for. Loss nobody could have foreseen is not. What we sell is intended for private and domestic use unless we have agreed something else with you in writing, and lost profit, lost business, interrupted trading and missed commercial opportunity are outside what we answer for.
Business Customers. Below the untouchable four above, we carry no liability, on any legal theory at all, for lost profits, lost revenue, lost business, lost contracts, damaged goodwill, savings that failed to materialise or data that went missing, nor for loss that is indirect or consequential in character. Everything we could owe under a given contract is capped, in total, at whichever is larger: the fees that contract actually brought us during the 12 months preceding the triggering event, or £1,000.
Keeping a working backup of your own site is your job, not ours. To the extent that a current backup would have prevented data loss, the loss is not something we are answerable for.
21. Indemnities
Three categories of claim against us are yours to cover, along with the losses and reasonable costs attached: claims that content, materials or data you handed over trespass on someone's rights or break the law; claims arising because a Product or Deliverable was used beyond the licence it came with; and claims traceable to your breach of section 6.
Running the other way, we cover you against an allegation that a Deliverable or Product, used as permitted, tramples a third party's UK intellectual property rights. Three conditions attach: tell us quickly, leave the defence in our hands, and admit nothing on our behalf. Three things fall outside it: claims tracing back to material you supplied, claims caused by alterations of your own, and claims arising because our work was bolted to something we never provided. Section 20 governs the size of anything owed under this cover.
22. Suspension and termination
Either party may terminate a Services contract by giving 30 days' written notice, or immediately if the other materially breaches and fails to remedy a remediable breach within 14 days of written notice, or becomes insolvent.
We may suspend Services, a Licence Key or account access where an invoice is overdue by more than 14 days, where we reasonably suspect fraud or unauthorised licence use, or where suspension is needed to protect our systems or other customers. Where practical we will warn you first and will restore service promptly once the cause is resolved.
Whatever was built, and whatever was committed on your behalf, falls due when a contract ends. Licences already earned by payment carry on; licences waiting on money that never arrived do not. Sections 8, 14, 16, 17, 19, 20, 21 and 29 to 34 outlive termination, as does any other clause whose evident purpose requires it to.
23. Mobile applications (EULA)
What follows is the end-user licence for our applications. It operates on top of whatever terms the store itself imposes.
The licence. You receive permission to install and run the application on hardware you own or control, personal to you, not transferable, not exclusive, exercised within the store's usage rules, and limited to your own use or to the internal business use the application was sold for. Anything not handed over in that sentence stays with us.
Boundaries. Copying is confined to what ordinary use and backup require. It is not to be rented, leased, lent, sold or sublicensed. So is taking it apart, whether by reverse-engineering, decompiling or disassembly, except where the law overrides that prohibition. Ownership notices stay where they are. And the application is not to be used unlawfully or to trample anyone else's rights.
What you make. Whatever you create inside an application belongs to you and stays that way. Switch on sync or backup and you hand us exactly the permission needed to hold that content, move it and show it back to you, lasting only as long as you keep the feature switched on.
Recurring charges. Money changes hands inside the Apple App Store or Google Play, under the payment terms those companies set. A subscription renews itself at the close of every period until somebody stops it. To stop it, open the subscription settings inside your store account and cancel there, leaving yourself at least 24 hours before the period ends. Removing the application from your handset does not stop it. The price is on display in the store before you commit, and a change to it is announced through the store and bites at your next renewal. A refund on a store purchase follows that store's own policy, and for a UK Consumer it sits beside the statutory rights described in sections 10 to 12.
Termination. You may stop using an App and delete your account at any time (see Privacy Policy section 19.8). We may end this licence if you materially breach it and do not remedy the breach within a reasonable period after notice.
Where Apple is the storefront. This licence binds you and us; Apple is not a party to it. Maintenance and support are no part of Apple's undertaking. Should the application miss an applicable warranty, Apple can be told, and Apple's remedy is limited to handing back the purchase price; to the fullest extent the law allows, no further warranty duty rests on Apple. Claims about the application are ours to deal with rather than Apple's, and that includes product liability, regulatory compliance, consumer protection and any assertion of infringement by a rights holder, all as this document sets out. Two statements about yourself are also being made: that your location is not a country the US Government embargoes or designates as supporting terrorism, and that your name appears on no US Government list of prohibited or restricted parties. Apple Inc. and the companies it owns are third-party beneficiaries of section 23, and once you accept this licence they may enforce it against you directly. Where Google Play is the storefront instead, Google's distribution terms apply on top of this section.
24. Force majeure
Some events sit outside anybody's reasonable control: natural disaster, war, terrorism, civil disorder, epidemic, industrial action, the loss of power, internet or telephony, or a large third-party platform going down. Neither side answers for failure or delay that one of those causes. The side affected tells the other quickly and does what it reasonably can to blunt the impact. Once such an event has run past 60 days, either side may end the affected contract by written notice, and money paid for work that never happened comes back to you.
25. Subcontracting and assignment
We may subcontract parts of the Services to suitably qualified people, and we remain responsible to you for the work. Where a subcontractor will handle your personal data, section 17 and our sub-processor commitments apply.
Passing your side of this contract to a third party requires written agreement from us, and good reason would be needed before we declined. Ours may pass to whoever succeeds to this business, on the condition that nothing you hold is diminished by the move.
26. Variation
This page moves when the law moves, when regulation moves, and when our products or working practices move. Which version binds a particular purchase or engagement is settled at the moment that contract was made, and nothing published afterwards reaches back to alter work already agreed. Where a change of substance affects a relationship still running, notice goes out by email or appears here at least 30 days ahead of it taking effect, and an ongoing service can be ended by you before that date if the change is unwelcome. A signed proposal or statement of work changes only when both sides put it in writing.
27. Entire agreement
Taken together, this page, the order confirmation, the licence terms, any proposal or statement of work and the Privacy Policy comprise the whole of what has been agreed on these subjects, and earlier discussion is superseded by them. Both sides acknowledge relying on nothing that is absent from those documents. Two carve-outs: liability for fraudulent misrepresentation survives regardless, and a Consumer's statutory rights are untouched by this section.
28. No partnership or agency
No partnership, joint venture, employment or agency springs from this contract. Neither side can bind the other or present itself as able to.
29. Third-party rights
Leaving aside what section 23 grants Apple, nobody outside this contract gains anything they could enforce through the Contracts (Rights of Third Parties) Act 1999. You and we can rewrite or cancel this contract between ourselves, without asking any third party first.
30. Notices
Anything formal for us goes to team@themecanvas.uk. Anything formal for you goes to whichever email or postal address appears on your order or in the project contract. An email counts as arriving on the Business Day after it was sent; a first-class letter counts as arriving two Business Days after posting. Service of legal proceedings is governed by the court rules, not by this section.
31. Severability and waiver
Should a court find any provision unlawful or unenforceable, treat it as struck out or trimmed by the smallest amount that makes it work, leaving everything around it standing. Being slow to enforce a right, or not enforcing it at all on some occasion, surrenders nothing, and overlooking one breach says nothing about the next.
32. Complaints and disputes
If something has gone wrong, tell us at team@themecanvas.uk with "Complaint" in the subject. We acknowledge within 2 Business Days and aim to give a substantive response within 10 Business Days, telling you what we have found and what we propose to do.
Where that exchange settles nothing, the next step is a genuine attempt at agreement between people on each side who are empowered to make one, with mediation given honest consideration before anybody issues proceedings. None of that blocks either side from asking a court for urgent relief, and none of it interferes with a Consumer's freedom to litigate. No alternative dispute resolution scheme has us as a member at present; joining one would be recorded here.
33. Governing law and jurisdiction
The law of Northern Ireland governs this contract and any argument growing out of it, and the Northern Irish courts hold exclusive jurisdiction. Consumers are the exception. If you are one, the mandatory protections of the country you live in travel with you, and you may sue either in Northern Ireland or at home. Living in England, Wales or Scotland means your own local courts are open to you.
34. Your statutory rights and contact
Statutory rights held by a Consumer survive everything on this page, the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 among them. Advice costing nothing is available through Citizens Advice, or through Consumerline for anyone in Northern Ireland.
Questions about these terms: team@themecanvas.uk