Terms of Service

Bespoke Web Creation ("we," "us," "our," or "Company") provides websites, customer relationship management (CRM) systems, lead capture solutions, automation tools, and related services (collectively, "Services") to help local businesses grow and manage customer relationships effectively.

These Terms of Service ("Terms") constitute a legal agreement between you ("Client," "User," or "you") and Bespoke Web Creation. These Terms govern your access to and use of our website, services, products, and any related applications or platforms.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our Services following any such modification constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed of any changes.

2.1 Eligibility

By using our Services, you represent and warrant that:

• You are at least 18 years of age or the legal age of majority in your jurisdiction
• You have the legal authority to enter into this agreement
• You are not prohibited by law from using our Services
• You will use our Services only for lawful purposes and in accordance with these Terms

2.2 Account Responsibility

If you create an account to use our Services, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized access or use of your account
• Accept responsibility for all activities conducted through your account

2.3 User Data and Information

You retain ownership of all data, information, and content you provide to us ("User Data"). By providing User Data to Bespoke Web Creation, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display such data for the purpose of delivering our Services. We will handle your User Data in accordance with our Privacy Policy.

You agree that you will not use our Services in any manner that:

• Violates any applicable law, regulation, or third-party right
• Is fraudulent, deceptive, or misleading
• Infringes upon intellectual property rights, including copyrights, trademarks, or patents
• Harasses, threatens, defames, or abuses others
• Transmits viruses, malware, or any code of destructive nature
• Attempts to gain unauthorized access to our systems or networks
• Interferes with or disrupts the integrity or performance of our Services
• Engages in spamming, phishing, or other unsolicited communications
• Violates the privacy or confidentiality of third parties
• Uses our Services for any illegal or unauthorized purpose
• Reverse engineers, decompiles, or attempts to discover the source code or underlying technology of our Services
• Removes or alters any proprietary notices, labels, or marks on our Services

3.1 Prohibited Content

You shall not upload, post, transmit, or otherwise make available any content that:

• Contains hate speech, discrimination, or violence
• Is sexually explicit or obscene
• Violates any person's privacy or publicity rights
• Constitutes child exploitation material
• Promotes illegal activities or substances

3.2 Enforcement

Bespoke Web Creation reserves the right to investigate and take appropriate action against any user who violates this Acceptable Use Policy. This may include suspending or terminating your account, removing content, and reporting illegal activity to appropriate authorities.

4.1 Service Description

Bespoke Web Creation provides a range of services including website design and development, CRM system setup and customization, lead capture form integration, automation systems, online booking functionality, AI chatbot implementation, and related business growth solutions. Specific services are detailed in individual service agreements or proposals.

4.2 Fees and Payment

You agree to pay all fees quoted in our proposals or invoices. Payment terms, amounts, and schedules will be specified in your individual service agreement or invoice. All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for paying any applicable sales, use, or other taxes related to your use of our Services.

4.3 Billing and Invoicing

Invoices will be issued according to the payment schedule specified in your agreement. Payment is due within the timeframe specified on the invoice. Late payments may incur additional fees or interest charges as permitted by law. We reserve the right to suspend or terminate Services if payment is not received.

4.4 Refund Policy

Refund eligibility depends on the specific service and circumstances. Please refer to your individual service agreement for refund terms. Generally, once services have been delivered or work has commenced, refunds may not be available. Contact our support team to discuss specific refund requests.

5.1 Our Intellectual Property

All content, features, functionality, and materials on our website and within our Services, including but not limited to text, graphics, logos, images, software, and source code, are the exclusive property of Bespoke Web Creation or its content suppliers and are protected by international copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use our Services for your personal or business use in accordance with these Terms. This license does not include the right to: reproduce, modify, distribute, or republish our Services; remove or alter any proprietary notices; or use our Services for any commercial purpose outside the scope of your agreement with us.

5.3 Your Content

You retain all rights to content you create and provide to us. However, you grant Bespoke Web Creation a worldwide, royalty-free license to use, modify, and display your content as necessary to provide our Services and fulfill our obligations under your agreement.

6.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BESPOKE WEB CREATION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

6.2 Limitation of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, BESPOKE WEB CREATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3 Cap on Liability

EXCEPT WHERE PROHIBITED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO BESPOKE WEB CREATION IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

6.4 Essential Basis of Bargain

You acknowledge that these limitations of liability are an essential basis of the bargain between you and Bespoke Web Creation, and that we would not provide our Services without these limitations.

You agree to indemnify, defend, and hold harmless Bespoke Web Creation and its officers, directors, employees, agents, and successors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our Services in violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property rights
• Any content you provide or upload to our Services
• Your conduct or actions using our Services

8.1 Termination by You

You may terminate your use of our Services at any time by providing written notice to us. However, you remain responsible for all fees and charges incurred up to the date of termination. Termination does not relieve you of any outstanding payment obligations.

8.2 Termination by Bespoke Web Creation

We may suspend or terminate your account and access to our Services immediately, without notice, if:

• You violate these Terms or any applicable law
• You engage in fraudulent or deceptive conduct
• You fail to pay fees when due
• We determine, in our sole discretion, that your use of our Services is harmful to us or other users

8.3 Effect of Termination

Upon termination, your right to use our Services immediately ceases. We may, at our discretion, retain or delete your data. You remain responsible for all fees and charges accrued prior to termination. Sections that by their nature should survive termination, including but not limited to intellectual property rights, limitation of liability, and indemnification, shall survive termination of these Terms.

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and protection of your personal information. By using our Services, you consent to the collection and use of information as outlined in our Privacy Policy.

We are committed to protecting your data and complying with applicable data protection laws, including the General Data Protection Regulation (GDPR) and other relevant legislation. For more information about how we handle your data, please visit our Privacy Policy.

Our website and Services may contain links to third-party websites, applications, and services that are not operated by Bespoke Web Creation. We are not responsible for the content, accuracy, or practices of these third-party services. Your use of third-party services is subject to their own terms and conditions and privacy policies. We encourage you to review the terms and policies of any third-party services before using them.

While our Services are designed to help your business grow and manage leads more effectively, we cannot guarantee specific business results, lead generation numbers, conversion rates, or revenue increases. Business outcomes depend on many factors beyond our control, including market conditions, competition, your marketing efforts, and the quality of your products or services.

Any results, case studies, testimonials, or examples provided are for illustrative purposes only and do not guarantee similar results for your business. We make no warranties regarding the effectiveness of our Services for your specific business needs.

Bespoke Web Creation reserves the right to modify, update, or discontinue any part of our Services at any time, with or without notice. We may also impose new or additional fees or charges. We will make reasonable efforts to notify you of significant changes that may affect your use of our Services. Your continued use of our Services following such modifications constitutes your acceptance of the changes.

These Terms and all matters arising out of or relating to your use of our Services shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in the United Kingdom for the resolution of any disputes.

14.1 Informal Resolution

Before initiating any legal proceedings, you agree to attempt to resolve any dispute informally by contacting us with details of your claim. We will make good faith efforts to resolve the matter within 30 days of receiving your notice.

14.2 Binding Arbitration

If informal resolution fails, you and Bespoke Web Creation agree to submit the dispute to binding arbitration, except where prohibited by law. The arbitration shall be conducted in accordance with the rules of arbitration applicable in the United Kingdom. Each party shall bear its own costs and attorney's fees, unless the arbitrator determines otherwise.

These Terms, together with any individual service agreements, proposals, and our Privacy Policy, constitute the entire agreement between you and Bespoke Web Creation regarding your use of our Services and supersede all prior negotiations, understandings, and agreements, whether written or oral. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

If you have any questions about these Terms of Service or our Services, please contact us using the information below:

17.1 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

17.2 Waiver

The failure of Bespoke Web Creation to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Bespoke Web Creation.

17.3 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Bespoke Web Creation. Any attempted assignment without such consent shall be void. Bespoke Web Creation may assign these Terms or any of its rights or obligations hereunder to any third party without your consent.

17.4 Survival

The provisions of these Terms that by their nature should survive termination or expiration, including but not limited to sections regarding intellectual property rights, limitation of liability, indemnification, dispute resolution, and governing law, shall survive any termination or expiration of these Terms or your use of our Services.