Terms of Service Agreement
Definitions
For the purposes of these Terms of Service (“ToS”), the following definitions shall apply:
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Initial Term — The first contract period for which services are provided under this agreement, commencing on the service start date and ending at the conclusion of the agreed billing cycle as specified in the order confirmation.
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Renewal Term — Any subsequent contract period following the Initial Term, triggered by automatic renewal pursuant to Clause 7.
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Upgraded Package — Any change from a customer’s current package to a higher‑tier package or additional services, whether the upgrade occurs during or at the end of the current term.
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Discounted Rate — A reduced price, promotional offer, or special rate agreed with the customer for the Initial Term of an Upgraded Package, which is lower than the standard published rate for that package.
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Pro‑Rata Basis — A calculated charge proportionate to the remaining period of the current billing cycle in which the upgrade takes effect.
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Customer Goals Forms — The documentation, whether electronic or physical, completed by or for the customer which outlines objectives, package details, and cancellation terms relevant to their service plan.
1. Acceptance of Terms
Your use of our services is subject to these Terms of Service (“ToS”). By using our services, you acknowledge that you have read, understood, and agreed to be bound by these terms.
2. User Conduct
You agree to use our services responsibly and in compliance with all applicable laws and regulations. Any misuse of our services, including but not limited to harassment, fraud, or the distribution of harmful content, may result in termination of your account.
3. Intellectual Property Rights
All content provided through our services is the property of our company or its content suppliers and is protected by applicable intellectual property laws. You agree not to copy, distribute, or create derivative works from any content available through our services without our express written permission.
4. Disclaimer of Liability
Our services are provided on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.
5. Privacy Policy
Your privacy is important to us. Our Privacy Policy, which forms part of these ToS by reference, describes how we collect, use, and protect your personal information.
6. Termination of Accounts
We reserve the right to terminate or suspend your account and access to our services at any time, for any reason, including breach of these ToS.
7. Automatic Renewal
This agreement will automatically renew for successive terms equal in length to the Initial Term unless terminated by either party with at least sixty (60) days’ written notice prior to the end of the current term. If such notice is not provided, your account will automatically renew, and the payment method on file will be charged the applicable fee for the upcoming term.
For the avoidance of doubt, any renewal of a Starter Package shall be charged, in addition to the standard renewal fee, at the standard rate of £605 (six hundred and five pounds) per project opportunity in effect at the time of renewal, and not at any discounted or promotional rate previously applied, unless the Customer has provided valid written notice of cancellation in accordance with this Clause 7.
It is your responsibility to ensure that all contact information, payment details, and renewal preferences are kept up to date.
8. Governing Law
These ToS, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the applicable jurisdiction.
9. Changes to the Terms
We reserve the right to modify these ToS at any time. Your continued use of our services after modifications have been posted constitutes your acknowledgment of the changes and your agreement to abide by the modified ToS.
10. Upgrade Pricing and Renewal Provisions
If you agree, whether verbally, in writing, or through any other form of recorded communication, to upgrade from your current package to an Upgraded Package at a Discounted Rate, the Discounted Rate shall apply only for the agreed Initial Term of the Upgraded Package. Upon automatic renewal of the Upgraded Package, the standard full rate applicable to that package at the time of renewal shall be payable, not the initially Discounted Rate.
For clarity, renewals of non‑upgraded Starter Packages remain subject to Clause 7 above, which provides that the Starter Package renews at the standard rate of £605 per project opportunity unless cancelled in accordance with the notice requirements set out therein.
a. Pro‑Rata and Partial Term Upgrades: Where an upgrade is made partway through a billing cycle, the Discounted Rate shall be applied on a Pro‑Rata Basis only for the remainder of that Initial Term, after which the full prevailing rate for the Upgraded Package shall apply upon renewal.
b. Dispute Resolution: In the event of any dispute regarding whether an upgrade was requested or agreed upon verbally or in writing, the company’s customer order records, communications logs, and Customer Goals Forms will be deemed authoritative.
c. Cancellation: All packages, including Upgraded Packages, remain subject to the cancellation terms outlined in Clause 7 above and as further referenced in the Customer’s Goals Forms.
d. Contract Variation by Agreed Upgrade: The parties acknowledge and agree that a Customer may request, or the Company may offer and the Customer accept, an upgrade from their existing package to an Upgraded Package without the need for a separate order form. Such agreement may be made verbally, in writing, or by any other recorded means of communication. In all such cases, the upgraded service shall be deemed an amendment to the original agreement only, and shall continue to be governed by all terms, conditions, and provisions of the originally agreed package (including but not limited to payment terms, renewal provisions, cancellation rights, and governing law), except where expressly varied by the details of the upgrade