Let’s outline our Terms & Conditions

Last reviewed and updated: 20th July 2023

Our Terms & Conditions contain essential information about how we operate, contractual transactions, time-bound agreements, cancellation policies and more. We ask you to periodically review this page alongside our Privacy Policy as it may change from time to time. If something is unclear, please contact us.

These terms and conditions (“Terms”) govern your use of our website and services (“Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our Services.

1.Interpretation
The following definitions and rules of interpretation apply in these Terms and Conditions.

1.1 Definitions:

• Acceptance: the acknowledgement of the Site, which shall be deemed to occur upon successful completion of the Acceptance Tests.
• Acceptance Tests: tests performed by the Supplier on the Site to verify compliance with the Specification.
• Business Day: any weekday, excluding public holidays, when banks in London are open for business.
• Charges: the fees payable by the Client for the provision of the Services as outlined in clause 10.
• Commencement Date: refers to the date specified in clause 2.2 when the Services commence.
• Conditions: these terms and conditions as modified periodically in accordance with clause 16.5.
• Contract: the agreement between the Supplier and the Client for the provision of Services in accordance with these Conditions.
• Control: as defined in section 1124 of the Corporation Tax Act 2010, with “change of control” interpreted accordingly.
• Client: the individual or entity that purchases Services from the Supplier.
• Client Default: as described in clause 4.2.
• Deliverables: the outputs specified in the Order produced by the Supplier for the Client.
• Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill, and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets), and all other intellectual property rights, registered or unregistered, including applications, renewals, extensions, and rights to claim priority from such rights, as well as all similar or equivalent rights or forms of protection that exist or may exist in the future in any part of the world.
• Materials: the branding, visual design, and content to be provided by the Client to the Supplier for incorporation into the Site, as per the Specification.
• Order: the Client’s request for Services as detailed in the signed Specification.
• Server: refers to a computer server administered by Beyond Co.
• Services: the services provided by the Supplier to the Client, including the Deliverables, as specified in the Specification.
• Site: the website constructed by the Supplier in accordance with the Specification.
• Specification: the description or specifications of the Services provided by the Supplier to the Client.
• Supplier: BEYOND-CO LTD trading as Beyond Co., a registered company in England and Wales with company number 13489731. VAT: 407009626.
• Supplier Materials: as defined in clause 4.1(h).
• Supplier’s Website: the website located at www.beyond-co.com.

1.2 Interpretation:
(a) Reference to legislation or a legislative provision:
(i) Shall be interpreted as including any amendments, extensions, or re-enactments made to it from time to time; and
(ii) Shall encompass all subordinate legislation issued under that legislation or legislative provision.
(b) Any words that follow the terms including, include, in particular, for example, or any similar expression, shall be considered illustrative and shall not restrict the meaning of the words, description, definition, phrase, or term preceding those terms.
(c) A reference to writing or written includes communication via email but excludes fax.

2. Basis of Contract

2.1 The Order constitutes a proposal by the Client to acquire Services in accordance with these Conditions.

2.2 The Order shall be considered accepted when the Client returns the Specification, duly signed, to the Supplier, and the Supplier reciprocates by returning the Specification, duly signed, to the Client. Upon this occurrence and effective from that date (Commencement Date), the Contract shall be established.

2.3 Any samples, drawings, descriptive material, or advertising provided by the Supplier, as well as any descriptions or illustrations found in the Supplier’s proposals or brochures, are issued or published solely for the purpose of providing an approximate understanding of the Services described within them. They shall not be deemed part of the Contract or possess any contractual obligation.

2.4 These Conditions are applicable to the Contract, excluding any other terms that the Client may attempt to impose or include, or which are implied by law, trade custom, practice, or prior dealings.

2.5 Any quotation provided by the Supplier shall not be construed as an offer and remains valid for a period of 28 days from its issuance date.

3. Supply of Services

3.1 The Supplier shall provide the Services to the Client in substantial accordance with the Specification.

3.2 The Supplier will make reasonable efforts to meet any specified performance dates outlined in the Specification. However, such dates are estimates only, and time shall not be considered essential for the performance of the Services.

3.3 The Supplier reserves the right to modify the Specification if necessary to comply with applicable laws or regulatory requirements, or if the amendment will not significantly impact the nature or quality of the Services. The Supplier will inform the Client in such cases.

3.4 The Supplier warrants that the Services will be delivered with reasonable care and skill.

3.5 The Supplier will host the Site on the Server.

3.6 The Supplier guarantees that the Site will substantially adhere to the Specification for a period of 3 months from the Commencement Date. In the event that the Site fails to meet this standard, the Supplier will undertake, at no additional cost, any necessary actions to ensure substantial compliance with the Specification. However, the Supplier does not guarantee a completely error-free Site.

3.7 These terms encompass the Supplier’s complete obligations and liability regarding the provision of Services. Any conditions, warranties, or other terms pertaining to the Services, which might otherwise be implied in this agreement or any related contract (whether through statute or other means), are explicitly excluded.

3.8 While the Materials are under the possession of the Supplier, they are deemed to be held at the Client’s own risk. Therefore, the Client should arrange suitable insurance coverage accordingly.

4. Client’s Obligations

4.1 The Client shall:
(a) Ensure the completeness and accuracy of the Order’s terms and any information provided in the Specification;
(b) Collaborate with the Supplier on all matters related to the Services;
(c) Grant the Supplier, its employees, agents, consultants, and subcontractors access to the Client’s premises, office facilities, and other necessary resources as reasonably required by the Supplier;
(d) Furnish the Supplier with the information and materials reasonably necessary for the provision of the Services, ensuring their completeness and accuracy in all material aspects;
(e) Obtain and maintain all required licences, permissions, and consents for the Services before the scheduled commencement date;
(f) Safely keep all Supplier Materials at the Client’s premises, assuming responsibility and maintaining the Supplier Materials in good condition until their return to the Supplier. The Client shall not dispose of or use the Supplier Materials except as instructed or authorised in writing by the Supplier;
(g) Deliver all necessary content and information within the agreed timescales to enable the Supplier to make use of the allocated studio time and resources for the project. In the event of any delays in providing the required content and information, the project will be placed on hold until studio time and resources become available, at which point it will be completed; and
(h) Comply with any additional obligations specified in the Specification.

4.2 In the event that the Supplier’s performance of its obligations under the Contract is hindered or delayed by any act, omission, or failure on the part of the Client to fulfil its relevant obligations (Client Default):
(a) The Supplier, without prejudice to any other rights or remedies available to it, reserves the right to suspend the provision of the Services until the Client rectifies the Client Default. The Supplier may also invoke the Client Default to excuse its own non-performance of obligations to the extent that the Client Default hampers or delays the Supplier’s performance;
(b) The Supplier shall not be held liable for any costs or losses incurred by the Client directly or indirectly as a result of the Supplier’s failure or delay in fulfilling its obligations as described in this clause 4.2; and
(c) Upon written demand, the Client shall reimburse the Supplier for any costs or losses sustained or incurred by the Supplier directly or indirectly due to the Client Default.

4.3 By entering into an agreement with Beyond Co., the Client agrees to include the Supplier’s logo visibly and prominently on their Site with an active backlink to the Supplier’s domain. The logo placement should be present for the duration of the service period. In the event that the Supplier’s logo is not appropriately displayed on the Client’s website, an additional 10% plus Value Added Tax (VAT) will be applied on top of the standard service charges. The purpose of displaying The Supplier’s logo is to acknowledge the provision of services and maintain a mutually beneficial business relationship. Any concerns or specific logo usage requirements should be addressed and agreed upon in writing by both parties.

4.4 Should the Client wish to exclude The Supplier, from publicising project completions on their social media platforms, Site, or any other promotional materials, an additional cost of 20% of the project cost, plus any applicable Value Added Tax (VAT), will be applied. Any queries or concerns regarding the exclusion request and associated costs should be discussed and agreed upon by both parties in advance of the project’s completion.

4.5 Time is considered crucial in relation to the Client’s obligations under this Agreement… [Continues]