Terms and Conditions

Last Updated: January 2024

These Terms and Conditions establish the legal framework governing use of the ByteWorks UK Ltd website and provision of services. By accessing this website or engaging ByteWorks UK Ltd services, you agree to be bound by these terms. If you do not agree to any provision, please do not use this website or engage our services.

1. Definitions and Interpretation

In these Terms and Conditions, the following definitions apply:

2. Acceptance of Terms

By accessing or using this website, or by engaging ByteWorks UK Ltd services, you accept these Terms and Conditions in their entirety. If you do not accept these terms, you must immediately cease accessing the website and do not engage our services. We reserve the right to modify these terms at any time. Continued use of the website or services following modifications constitutes acceptance of amended terms. The date of last modification is shown at the top of this document.

3. Website Use and User Conduct

Permitted Use

This website is provided for lawful purposes only. You may access and view website content for personal or business information purposes. You may not modify, reproduce, distribute, or republish website content without express written permission.

Prohibited Conduct

You agree not to engage in any activity that:

Enforcement and Remedies

The Company reserves the right to suspend or terminate website access by users engaging in prohibited conduct. We may take legal action against users violating these terms, including pursuing criminal charges where appropriate. You acknowledge that your violations may cause irreparable harm not fully remedied by money damages, and the Company may seek injunctive relief.

4. Intellectual Property Rights

Company Ownership

All content on this website including text, graphics, logos, images, and software is the property of ByteWorks UK Ltd or licensed to us. Content is protected by copyright, trademark, and other intellectual property laws. No content may be reproduced, distributed, or republished without written permission.

Limited License

The Company grants you a limited, non-exclusive, non-transferable license to view and use website content for personal or business information purposes only. This license does not grant rights to download, modify, print (except for personal record-keeping), or redistribute content.

Third-Party Content

The website may include links to third-party websites and resources. The Company does not endorse third-party content and is not responsible for availability, accuracy, or legality of third-party materials. Use of third-party websites is governed by their terms and conditions.

5. Service Delivery Terms

Service Description

Services are provided as described in service proposals, service agreements, and website documentation. The Company will use reasonable professional efforts to deliver services according to specifications. However, the Company does not guarantee specific outcomes or uninterrupted service availability. Services are provided on an as-is basis subject to limitations described herein.

Service Commencement

Services commence upon execution of service agreements or receipt of service requests. The Company will provide reasonable notice before commencing significant service work. Clients are responsible for providing necessary access, information, and cooperation required for service delivery.

Client Responsibilities

Clients are responsible for:

Service Scope and Exclusions

Service scope is defined in individual service agreements. Services exclude work explicitly defined as out-of-scope. Changes to service scope require written amendment to service agreements and may result in additional charges. Clients are responsible for clearly communicating service requirements and scope limitations apply to prevent misunderstandings.

6. Billing and Payment Terms

Pricing and Fees

Service pricing is quoted in the service proposal or invoiced according to service agreements. Pricing is in British Pounds Sterling (GBP) unless otherwise specified. Quotes are valid for 30 days unless otherwise stated. Pricing is subject to change for long-term contracts with written notice.

Invoicing

Invoices are issued according to the service agreement schedule. Invoices include itemised descriptions of services, hourly rates where applicable, and calculation of total charges. Clients are responsible for providing accurate billing contact information and ensuring invoices reach appropriate personnel.

Payment Terms and Methods

Payment is due within 30 days of invoice date unless otherwise agreed. Payment methods include bank transfer, credit/debit cards, and other methods specified in invoices. The Company accepts payment only for services rendered; no advance payment is required except where agreed in writing.

Late Payment

Invoices not paid by the due date are considered overdue. The Company may suspend services for accounts with overdue invoices. Late payments are subject to interest at 8% per annum plus Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Additional costs of pursuing payment including legal fees may be recovered from the client.

Disputed Invoices

Clients must notify the Company of invoice disputes within 14 days of receipt. Clients should provide detailed explanation of disputed charges. The Company will investigate and resolve disputes promptly. Undisputed portions of invoices remain due by the due date.

7. Warranties and Disclaimers

Limited Warranties

The Company warrants that services will be provided by qualified professionals using professional industry standards. The Company makes no other express or implied warranties regarding services, including warranties of merchantability, fitness for particular purpose, or non-infringement.

Website Disclaimers

This website is provided on an as-is basis. The Company does not warrant that the website will be available, error-free, uninterrupted, or secure. Website content is provided for informational purposes only. While efforts are made to ensure accuracy, the Company does not guarantee content accuracy or completeness. The Company is not responsible for third-party website content linked from this website.

Technical Limitations

The Company does not guarantee specific service availability percentages, response times, or system performance. Service delivery is subject to technical limitations, network conditions, and third-party service provider performance. The Company is not responsible for delays or failures caused by circumstances beyond reasonable control including network outages, security breaches affecting third parties, or client system issues.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING SERVICES OR WEBSITE CONTENT. THE COMPANY DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. SERVICES AND WEBSITE CONTENT ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS.

8. Limitation of Liability

Liability Limitation

EXCEPT WHERE LIABILITY CANNOT BE LIMITED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS, WEBSITE USE, OR SERVICE DELIVERY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT FOR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM OR £100, WHICHEVER IS GREATER.

Excluded Damages

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOST DATA, LOST REVENUE, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Reasonable Efforts

Liability limitations apply except where the Company has acted with gross negligence or willful misconduct. Liability limitations do not apply to claims for personal injury, fraud, or other claims where limitation would be unenforceable under applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company from any claims, damages, losses, and expenses (including legal fees) arising from your use of the website, violation of these terms, infringement of third-party rights, or harm caused by your actions. This obligation applies to claims brought by third parties as well as claims by you.

10. Confidentiality

Confidential Information

During service delivery, both parties may access confidential information of the other party. Confidential information includes business information, trade secrets, technical data, and personal data. Each party agrees to maintain confidentiality and use confidential information only for purposes of service delivery or relationship management.

Permitted Disclosures

Confidential information may be disclosed where required by law or court order, to employees and contractors who need access for service delivery, and where explicitly authorised in writing by the disclosing party. Mandatory disclosures should include reasonable notice to enable the disclosing party to seek protective orders.

Data Protection Obligations

Where the Company processes personal data on behalf of clients, processing is governed by Data Processing Agreements specifying data types, processing purposes, and security obligations. Clients remain data controllers responsible for compliance with data protection law.

11. Limitation of Service Availability

The Company does not guarantee continuous website availability or service availability. Website maintenance, security updates, and infrastructure improvements may require temporary unavailability with advance notice where reasonably possible. The Company is not liable for unavailability caused by circumstances beyond reasonable control including natural disasters, power failures, telecommunications failures, cyberattacks, or third-party service provider failures.

12. Dispute Resolution and Governing Law

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. The application of international conventions is excluded.

Jurisdiction

Both parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for resolution of any disputes arising from these terms or website/service use.

Dispute Resolution Process

Before commencing legal proceedings, parties agree to attempt resolution through good-faith negotiation. Where disputes cannot be resolved through negotiation, either party may initiate mediation before resorting to litigation. The Company is not subject to independent dispute resolution schemes or ombudsman procedures.

13. Complaints Procedure

Clients may lodge complaints regarding service delivery by contacting the Company at or . Written complaints should clearly describe the complaint, relevant dates, and desired resolution.

Complaint Investigation

The Company will acknowledge complaint receipt within 2 business days. Complaints will be investigated promptly and a substantive response provided within 10 business days of complaint receipt. Where investigation requires extended time, interim updates will be provided. Complaint resolution may include service corrections, partial refunds, or other remedies at the Company's discretion.

Escalation

If you are dissatisfied with the initial complaint response, you may escalate to the Company's management team at . Management will conduct a full review and provide a final response within 15 business days.

14. Third-Party Links and Content

This website includes links to third-party websites. The Company does not endorse third-party content and is not responsible for third-party content, accuracy, availability, or compliance with law. Third-party websites are governed by their terms and conditions. Use of third-party websites is at your sole risk.

15. Termination of Services

Termination by the Company

The Company may terminate services immediately where clients violate these terms, fail to pay invoices, or engage in unlawful conduct. The Company may terminate services with 30 days' notice for other reasons. Termination does not release clients from payment obligations for services rendered.

Termination by Clients

Clients may terminate services according to terms specified in service agreements. Termination notices should be provided in writing to the Company. Upon termination, clients remain liable for payment of services rendered through the termination date.

Post-Termination Obligations

Upon service termination, the Company will return client data in agreed formats and cease service delivery. Confidentiality obligations survive termination indefinitely. Payment obligations for invoiced services survive termination.

16. Data Backup and Disaster Recovery

Where the Company provides data backup services, backups are created according to agreed schedules. The Company makes reasonable efforts to ensure backup integrity but does not guarantee zero data loss or specific recovery time objectives. Clients remain responsible for maintaining independent backup systems.

17. Security and Acceptable Use

Clients are responsible for maintaining appropriate security of their systems and credentials. The Company is not responsible for unauthorised access resulting from client security breaches or negligence. Clients agree not to engage in activities that compromise system security or expose the Company to legal liability including attempting to breach security systems, introducing malicious code, or engaging in illegal activity through the Company's systems.

18. Entire Agreement

These Terms and Conditions constitute the entire agreement between the Company and users regarding website use and services. All prior agreements, understandings, and negotiations are superseded. No modification is valid unless made in writing and signed by both parties. If any provision is found unenforceable, remaining provisions continue in effect.

19. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed. Remaining provisions continue in full force and effect.

20. Contact Information

For questions regarding these Terms and Conditions or to provide notice, please contact:


The Tea Factory
17 Lower Regent Street
Leeds
LS1 5DL
United Kingdom

Email:
Telephone:

Terms Acceptance Acknowledgement

By using this website or engaging ByteWorks UK Ltd services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.