Terms and Conditions
Essential information. Please read the following terms and conditions. Your acceptance of these terms are an absolute condition of this website and the services of BWAR.
General terms and conditions
These terms and conditions form the trading agreement between the BWAR (“we” or “us”) and the Client (“you”).
Cancellation Any Of Our Services By You
In the event that You wish to cancel receipt of the Services provided by us, you must give us notice of your intention to do so. You must give us notice at least 30 days before the Initial Term or Additional Term (as applicable) ends. If you do not give sufficient notice to cancel the Services an Additional Term will automatically apply, so it is important that you give notice in good time.
You can give notice verbally to your account manager but it must be confirmed in writing by email to firstname.lastname@example.org
We shall not be liable to you for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenue, anticipated savings, business opportunities, or for any indirect or consequential loss or damage.
Our aggregate liability to you in respect of any claims based on events in any 12 month period arising out of or in connection with this Agreement (or any related contract including website design, SEO, paid advertising or hosting), whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the total Charges actually paid by you to us under this Agreement and any related contract in that 12-month period.
Nothing in this Agreement shall operate to exclude or limit our liability for:
Licence and Ownership – Websites
Ownership of the Website passes to you, the client, upon payment in full of the agreed amount for the product and associated VAT/Taxes. If you enter into a hosting agreement with BWAR Ltd this will need to be completed and paid before ownership is passed and files are provided (Typical hosting is 12 instalments of £25/£35 per month) with one months’ notice after the initial period.
Automatic updates are only available to customers with an active hosting subscription.
We do not, unless otherwise agreed, provide copy writing for your website. It is your responsibility to provide written content for your website/project for us to add directly to your website. We do provide a professional copy writing service and a quote can be made available upon request.
Graphics and Photographs
Any graphics/images/photographs provide by yourself in an editable digital form (by sending any images, graphics, photographs, video you are confirming that you have intellectual property and or appropriate copyright licences), please supply in the highest resolution possible, low-quality images may not be used. Within the purchase of a product, we will make use of stock images from one, or more, stock libraries on a fair use policy, typically up to 10 images. Greater than 10 may result in charges for more images.
We shall use it’s reasonable endeavours to make the server and the services available to you 100% of the time but because the services are provided by means of computer and telecommunications systems, BWAR makes no warranties or representations that the service will be uninterrupted or error-free and we shall not, in any event, be liable for interruptions of Service or downtime of the server.
For websites hosted under the managed WordPress CMS hosting, we will make and retain on behalf of you a regular offsite backup of all Content including all website files and databases. Even though every effort is made to ensure data is backed up correctly, we accept no responsibility for data loss or corruption.
Domain Name Registration
Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it we will provide a full refund for that domain name, this will be the full limit of our liability.
We will make reasonable endeavours to renew domains where the renewal fee has been paid. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.
Search Engine Optimisation (SEO)
We try to rank your business to best of our ability, however we are not in control of search engine’s final decisions. We are also not in control of search engine broad updates or when search engines index your website.
We do not have the ability to offer a guarantee on the rank that our customers will receive. We also cannot calculate or even estimate the amount of increased traffic that will occur as a result of our optimisation services. As such our services do not guarantee an increase in customer visits to your website or to sales, or other ranking metrics.
However, if the majority of keyphrases, and organic traffic significantly declines for more than 6 months after optimisation, then BWAR will offer our SEO customers free SEO services for 3 months or until the trend reverses.
Paid Advertising – Pay Per Click (Google Ads)
If BWAR are given control of ad spend budget, payment must be received a minimum of 5 days prior to the campaign ongoing renewal date. If payment is not received, your campaign will be suspended until all funds are received.
Ad spend varies, and although advertising providers try to keep within limits, it is normal to see up to a variation to daily ad spend, that may fluctuate occasionally above the agreed budget.
You hereby agree that BWAR may refer to you, by company or trading name, and to the existence of this Agreement in any marketing or promotional materials.
You allow BWAR to refer to you and your business granting BWAR a royalty-free licence to use your company name, trade name and logo as required on the BWAR website, social media and online/offline marketing.