Effective Date: 1st January, 2025
These Terms & Conditions (“Terms”) govern your access to and use of the website located at www.becreativedigital.co.uk (the “Website”), operated by Be Creative Digital Limited (“we”, “us”, or “our”), a company registered in England and Wales with company number [insert number] and registered office at College House, Howard St, Barrow in Furness, Cumbria LA14 1NB.
By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, you must not use the Website. These Terms may be updated from time to time; continued use constitutes acceptance of any changes. For any specific services we offer (such as SEO, web design, social media management, or content creation), separate service-specific terms and conditions will apply, which may incorporate or reference these Terms as appropriate. Those service-specific terms will take precedence in the event of any conflict relating to the provision of such services.
1. Definitions and Interpretation
In these Terms, unless the context otherwise requires:
- “Content” means any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of the Website.
- “User” means any individual or entity accessing or using the Website.
- “Services” means any digital marketing, design, or related services described on the Website (but note that the actual provision of any Services is subject to separate client agreements or service-specific terms and conditions, which will detail obligations, fees, deliverables, and other particulars).
- Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa.
2. Intellectual Property
All Content on the Website is owned by us or our licensors and is protected by copyright, trademarks, and other intellectual property rights under UK and international law.
You may view, download, and print Content for personal, non-commercial use, provided you do not modify it or remove any proprietary notices. You must not reproduce, distribute, or create derivative works from the Content without our prior written consent.
If you submit any material to the Website (e.g., via contact forms), you grant us a perpetual, royalty-free, worldwide licence to use, reproduce, and adapt it for our business purposes.
3. Use of the Website
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party.
Prohibited activities include (without limitation): transmitting viruses, malware, or other harmful code; unauthorised access to our systems; or using the Website for unsolicited commercial communications.
We reserve the right to suspend or terminate your access to the Website at any time without notice if you breach these Terms.
4. Links to Other Websites
The Website may contain links to third-party websites. These links are provided for convenience only. We do not endorse, monitor, or control such websites and accept no responsibility for their content, privacy practices, or availability. Accessing third-party websites is at your own risk.
5. Links to Our Website
You may link to our Website provided the link is fair, legal, and does not damage our reputation. You must not establish a link suggesting any association, approval, or endorsement by us where none exists. We reserve the right to withdraw linking permission without notice.
6. Privacy and Data Protection
Your use of the Website is subject to our Privacy Policy [link to policy], which explains how we collect, use, and protect your personal data in compliance with the UK GDPR and Data Protection Act 2018.
We implement appropriate technical and organisational measures to protect data, but transmission over the internet is not completely secure. Any transmission is at your own risk.
7. Disclaimers
The Website and its Content are provided “as is” without warranties of any kind, express or implied, including but not limited to warranties of accuracy, completeness, fitness for a particular purpose, or non-infringement.
We do not guarantee that the Website will be secure, error-free, uninterrupted, or free from viruses. You are responsible for implementing sufficient procedures and virus checks.
While we endeavour to ensure information is up-to-date, we make no representations about its suitability for any purpose. Any reliance on the Content is at your own risk.
8. Limitation of Liability
To the maximum extent permitted by law, we (including our directors, employees, agents, and affiliates) shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive losses or damages arising from or in connection with your use of (or inability to use) the Website or its Content, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if we have been advised of the possibility of such damages.
This exclusion includes, without limitation: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss or corruption of data or information; (v) loss of business opportunity, goodwill, or reputation; or (vi) any other indirect or consequential loss.
Our total aggregate liability to you in respect of all claims arising under or in connection with these Terms shall not exceed the greater of £100 or the total amount paid by you to us (if any) in the 12 months preceding the claim.
Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or (iv) any other liability that cannot be excluded or limited under applicable law, including under the Consumer Rights Act 2015.
If you are a consumer user, your statutory rights are not affected. If you are a business user, all implied terms, warranties, or conditions are excluded to the fullest extent permitted by law.
9. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, strikes, or failures of third-party suppliers (including internet or hosting providers).
10. Entire Agreement and Severability
These Terms, together with our Privacy Policy and any applicable service-specific terms, constitute the entire agreement between you and us regarding the Website and supersede all prior agreements.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid one that most closely achieves the original intent.
11. Waiver
No waiver of any breach of these Terms shall be considered a waiver of any preceding or subsequent breach. Any waiver must be in writing and signed by an authorised representative.
12. Assignment and Third-Party Rights
You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or sub-contract any of our rights or obligations at any time without your consent.
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
13. Notices
Any notices under these Terms must be in writing and may be sent by email to info@becreativedigital.co.uk (for notices to us) or to the email address you provide (for notices to you). Notices shall be deemed received 24 hours after sending, provided no delivery failure notification is received.
14. Law and Jurisdiction
These Terms are governed by the laws of England and Wales. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
