Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between ThisWebDesign Ltd (“we”, “us”, “our”) and the person or organisation that registers for or uses TWD Platform (the “Customer”, “you”, “your”). By creating an account, accessing or using the platform, you agree to these Terms. If you are entering into these Terms on behalf of an organisation, you confirm you have authority to bind that organisation.

1. Definitions

• Platform: the TWD Platform software, applications and related services we make available.
• Workspace: an account environment for your organisation within the platform.
• Modules: the discrete features and capabilities your plan entitles you to.
• Customer Data: the data, including personal data, that you or your users submit to or process through the platform.
• Users: the individuals you authorise to use the platform under your workspace.

2. The service

We grant you a non-exclusive, non-transferable right to access and use the platform during your subscription, for your internal business purposes, subject to these Terms and to the modules your plan includes. We may add, change or remove features over time. Access to a given module is gated by your entitlement; using a module you are not entitled to is not permitted.

3. Your account and users

You must provide accurate registration information and keep it up to date. You are responsible for your account, for the security of your sign-in credentials, and for all activity that takes place under your workspace, including the acts and omissions of your Users. You must notify us promptly of any unauthorised access. We support multi-factor and one-time-code sign-in and recommend you use them.

4. Acceptable use

Your use of the platform must comply with our Acceptable Use Policy, which forms part of these Terms. You must not use the platform unlawfully, infringe others’ rights, send unlawful or unsolicited communications, or compromise the security or integrity of the service.

5. Customer Data and data protection

As between us, you own your Customer Data. You grant us the right to host, process and transmit Customer Data as needed to provide and secure the platform. Where Customer Data includes personal data, you are the controller and we are your processor; that processing is governed by our Data Processing Agreement, which forms part of these Terms. You are responsible for having a lawful basis and any required notices and consents for the data you process through the platform, and for the content you collect from and about your own contacts.

6. Fees, billing and renewal

Paid plans are billed in advance through our payment processor, Stripe. You authorise us and Stripe to charge your chosen payment method for the fees that apply to your plan. Subscriptions renew automatically for successive terms unless cancelled before the renewal date. We may change our prices on reasonable prior notice, effective from your next renewal. Except where the law requires otherwise, fees already paid are non-refundable. If a payment is overdue we may suspend access until it is settled.

Tax

ThisWebDesign Ltd is not registered for UK VAT, so we do not charge UK VAT on our fees.

7. Intellectual property

We and our licensors own all intellectual property rights in the platform, including its software, design and documentation. These Terms grant you a right to use the platform, not ownership of it. You retain all rights in your Customer Data. If you send us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the service.

8. Confidentiality

Each party may receive confidential information from the other. Each party will keep the other’s confidential information secret, use it only to perform these Terms, and protect it with at least reasonable care. This does not apply to information that is public through no breach, independently developed, or required to be disclosed by law.

9. Third-party services

The platform relies on the third-party providers listed in our sub-processors page and may integrate with services you choose to connect. We are not responsible for third-party services we do not control; your use of them may be subject to their own terms.

10. Availability and support

We use commercially reasonable efforts to keep the platform available and to provide support through the channels published in the app. We may carry out maintenance, and will try to schedule planned downtime to limit disruption. We do not warrant that the service will be uninterrupted or error-free.

11. Warranties and disclaimers

We warrant that we will provide the platform with reasonable skill and care. Except as expressly stated in these Terms, the platform is provided “as is” and we exclude all other warranties, conditions and terms to the fullest extent permitted by law.

12. Limitation of liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything that cannot lawfully be limited. Subject to that, we are not liable for loss of profit, revenue, business, goodwill, or anticipated savings, or for indirect or consequential loss; and our total liability arising out of or in connection with these Terms in any 12-month period is limited to the fees you paid us for the platform in that period.

13. Indemnity

You will indemnify us against claims, losses and costs arising from your Customer Data, your use of the platform in breach of these Terms or the Acceptable Use Policy, or your breach of applicable law.

14. Suspension

We may suspend your access where required by law, where we reasonably believe the platform is being used in breach of these Terms or in a way that threatens the security or integrity of the service or others, or where fees are overdue. We will restore access once the cause is resolved.

15. Term and termination

These Terms continue while you have an account. Either party may terminate on notice as permitted by your plan, and either party may terminate for material breach that is not remedied within 30 days of notice. On termination your right to use the platform ends. For a limited period after termination you may export your Customer Data; after that period we will delete or anonymise it in line with our Privacy Policy and Data Processing Agreement, unless we must retain it by law.

16. Sanctions, export control and restricted jurisdictions

The service is not offered to, and may not be used by or for the benefit of, any person or entity that is the target of UK, EU, US, UN or other applicable sanctions, or that is located in or ordinarily resident in a comprehensively sanctioned territory. We reserve the right to refuse, suspend or terminate access to comply with sanctions and export-control law.

You confirm that you, your Users and your organisation are not the target of sanctions and are not located in or ordinarily resident in a comprehensively sanctioned territory, currently including Russia, Belarus, Iran, North Korea, Syria, Cuba, the Crimea, Donetsk and Luhansk regions of Ukraine. You must not use the platform in breach of any applicable sanctions or export-control law, and you must not make the platform available to anyone who is so restricted.

17. Changes

We may update these Terms from time to time. Where a change is material we will give you reasonable notice, for example by email or an in-app notice, before it takes effect. Continuing to use the platform after a change takes effect means you accept the updated Terms.

18. Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including failures of third-party networks or infrastructure, provided it takes reasonable steps to mitigate.

19. General

You may not assign these Terms without our consent; we may assign them to a group company or successor. These Terms, together with the documents they refer to, are the entire agreement between us. If any provision is found unenforceable, the rest continues in force. A failure to enforce a right is not a waiver of it. Notices to you may be given in-app or by email. Nothing in these Terms creates a partnership or agency. Except for our group companies, a person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999.

20. Governing law and jurisdiction

These Terms and any dispute arising out of them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

21. Contact

Questions about these Terms? Contact us at support@thiswebdesign.co.uk.