Terms and conditions

HEYJAMES POLICY

HeyJames Terms & Conditions for the Supply of Services

Contact:
Website: https://heyjames.uk
Telephone: 01253 808551

1. DEFINITIONS

• AdWord: means the word(s) or phrases which the Customer wishes to purchase, and which HeyJames agrees to provide subject to these Terms and Conditions.

• Content: all text, information, data, images, audio or video material in whatever medium or form provided by the Customer to HeyJames.

• Contract: means the Customer’s acceptance of HeyJames’s proposal.

• Customer: means the person, firm, company or other corporation who places an order or otherwise agrees to buy from HeyJames any of the Services.

• Data Protection Legislation: any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation, and the UK GDPR.

• HeyJames: means HeyJames Limited, a company registered in England and Wales (company number [Insert Number]) whose registered office is at [Insert Registered Office].

• Initial Payment: means the amount agreed between the Parties for the provision of the Services together with the Monthly Fee.

• Monthly Fee: means the monthly amount agreed between the Parties for the provision of Services.

• Party/Parties: means either or both HeyJames and the Customer.

• SEO Services: search engine optimisation services provided by HeyJames intending to improve the Customer’s website ranking, with no guarantees.

• Services: means any or all of the services HeyJames supplies to the Customer including but not limited to SEO Services, email, website design, domain related services (such as registration and transfer of domain names), hosting, backups, pay per click services, and other services offered by HeyJames.

• Terms and Conditions: means these terms and conditions.

2. APPLICATION

These Terms and Conditions govern every agreement for the provision of Services between HeyJames and the Customer, overriding any contrary terms in any documentation submitted by the Customer unless specifically agreed in writing by an authorised HeyJames representative.

3. QUOTATIONS AND ACCEPTANCE

• Proposals by HeyJames do not constitute an offer and may be withdrawn or revised prior to acceptance of the Customer’s order.

• Acceptance of the Customer’s order by HeyJames shall be effective only when confirmed in writing and signed by an authorised HeyJames representative.

4. PRICES

• The Customer shall pay HeyJames the Initial Payment and Monthly Fee monthly thereafter, exclusive of VAT and other taxes.

• HeyJames reserves the right to revise prices after 30 days written notice to account for inflation or withdrawal of discounts.

5. TERMS OF PAYMENT

• Payment is due in full within 30 days of invoice date, with a mandatory late payment charge of £25 plus 5% of unpaid amount per month after 10 days overdue.

• Copyright for material provided transfers to the Customer only upon full payment.

• HeyJames reserves the right to suspend services until outstanding balances are settled.

6. SUPPLY

• HeyJames will use reasonable skill and care in providing Services.

• The Customer must provide full and accurate Content and warrant ownership or licence for said Content.

• AdWords are subject to platform policies (Google or Bing) and may be generic or unavailable. HeyJames does not guarantee AdWords effectiveness.

• HeyJames may suspend or remove services for non-payment, contract termination, inaccurate URLs, malicious software, or platform policy changes.

• SEO Services run for 12 months; domain names renew annually. Additional charges apply for domain transfers.

7. LIABILITY

• HeyJames excludes liability except for death, personal injury, fraud, or legal restrictions.

• No liability for failure to maintain website promotion or listing by third parties.

• Liability cap equals the price paid for the Services.

• No liability for indirect or consequential losses.

• The Customer will indemnify HeyJames against claims resulting from the Customer’s breach or misconduct.

8. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

• Both parties agree to confidentiality except where disclosure is legally required or information is publicly known.

• Intellectual property rights remain with HeyJames unless otherwise assigned.

9. DATA PROTECTION

• Both parties will comply with applicable Data Protection Legislation in carrying out their obligations.

10. AMENDMENTS

• Amendments by the Customer must be requested in writing and will be subject to cost and time estimates.

11. FORCE MAJEURE

• HeyJames is not liable for service failure due to events beyond reasonable control (e.g., strikes, war, natural disasters).

12. TERMINATION

• HeyJames may suspend or terminate services for breach, insolvency, or other specified events with written notice.

• Google AdWords service requires a minimum 3-month commitment and one-month written notice for cancellation thereafter.

• SEO and Hosting Services renew automatically yearly unless terminated with one-month notice before renewal.

13. WAIVER

• Failure or delay in exercising rights does not constitute waiver of those rights.

14. GOVERNING LAW

• These Terms and Conditions are governed by and construed in accordance with laws of England and Wales.

15. DISPUTE RESOLUTION

• Disputes will be subject to negotiation within 30 days, with unresolved disputes referred exclusively to the English Courts after 120 days.

16. ENTIRE AGREEMENT

• These Terms and Conditions constitute the entire agreement superseding all prior agreements.

17. NOTICES

• Notices to HeyJames shall be sent to the registered office address or notified address; to the Customer, notices shall be sent to the notified address or registered office.

18. GENERAL

• Invalidity of any term does not affect the remainder of the Terms.

• Customer cannot assign rights or obligations without HeyJames’s written consent.

• No third party has rights under these Terms except as otherwise is lawfully available.