Terms & Conditions

1. Introduction

Welcome to Ben for Brands. These Terms and Conditions govern your use of our website benforbrands.co.uk and our tools platform tools.benforbrands.co.uk, and the purchase of services and products from us.

• Trading names: Ben F-B trading as “Ben for Brands” and “Nettl of Chesterfield”
• Email: de****@*************co.uk
• Phone: +44 (0) 1246 914125

By using our websites, purchasing products, or engaging our services, you agree to these Terms and Conditions.

2. Definitions

• “We”, “us”, “our” – Ben F-B trading as Ben for Brands and Nettl of Chesterfield
• “You”, “your”, “Client” – the person, business, or organisation purchasing our services or products
• “Services” – design, printing, digital marketing, or other professional services we provide
• “Digital Products” – downloadable files, templates, mockups, or digital goods purchased from benforbrands.co.uk
• “Tools Platform” – web-based tools available at tools.benforbrands.co.uk
• “Brief” – the written project scope, requirements, specifications, and quotation agreed between us
• “Contract” – the legally binding agreement formed when you accept our quotation, place an order, or we begin work

3. Application of these terms

1. These Terms apply to all services and products we supply, unless varied in writing.
2. These terms override any conflicting terms in your documents unless otherwise agreed.
3. Only authorised representatives of Ben for Brands may vary these terms.
4. Related policies: Privacy Policy · Returns & Refunds Policy · Delivery & Download Policy

4. Consumer vs business clients

1. Consumers have statutory rights under UK law (Consumer Rights Act 2015, Consumer Contracts Regulations 2013).
2. Business clients have different protections as described here.
3. Exclusions or limits apply only to business clients; consumer rights cannot be excluded.

PART A – Design Services

5. Scope

Design services include brand identity, print design, web/digital graphics, marketing materials, and concept development. Work is undertaken to a written Brief specifying scope, deliverables, and fees.

6. Client responsibilities

• Provide accurate, complete information and materials on time
• Obtain required third-party permissions/licences
• Provide feedback and approvals promptly

We’re not liable for delays or extra costs caused by missing content or late approvals.

7. Process & approvals

• Concept development > review > revisions > final approval
• Revisions limited to those quoted; extra rounds billed hourly
• Written approval required before production; we aren’t liable for approved errors

8. Copyright & Intellectual Property

Copyright transfers after full payment for the agreed usage. We retain rights to show work in our portfolio unless you request otherwise. Drafts/concepts remain ours until paid. Third-party assets may require separate licences.

9. File Delivery

Final files supplied in agreed formats (PDF, JPG, PNG, AI, PSD). We retain files 90 days after completion.

PART B – Printing Services

10. Proofs & specifications

All print jobs require written proof approval. Colour variation from screen expected; physical proofs available (extra fee).

11. Print quality & defects

Report defects within 7 days with photos. Our liability: reprint or refund defective portion. ± 5% colour / ± 3 mm trim within tolerance.

12. Delivery & shipping

Delivery times are estimated only. Risk passes on delivery. Check goods immediately.

13. Returns

Custom print cannot be returned unless defective. Refused or uncollected goods may incur storage or disposal after 30 days.

PART C – Digital Marketing (PPC, SEO, Social Media)

14. Scope

Includes Google Ads, SEO, social media, content marketing, and analytics. Defined in your Brief.

15. No guaranteed results

Results depend on factors beyond our control. We cannot guarantee rankings, traffic, conversions, or ROI.

16. Advertising spend vs fees

Management fees cover our work; ad spend is separate. We won’t exceed budgets without written approval.

17. Accounts & ownership

Accounts should be in your name with our admin access. You own data; we remove access within 14 days after termination.

18. Termination

Rolling monthly terms (minimum period may apply). Either party may give 30-day written notice after minimum term. Fees up to termination remain payable.

19. Reporting & communication

Reports provided per agreement. You must respond to approval or info requests promptly.

PART D – Digital Products (Downloads)

20. Purchases

Instant downloads after payment. By downloading, you waive your 14-day cooling-off right. See Returns & Refunds Policy and Delivery & Download Policy.

21. Licence & Usage

Non-exclusive, non-transferable licence for intended use. You may not resell or claim as your own. Commercial use allowed if stated.

PART E – Tools Platform

22. Services

Provides publishing and branding tools. Free and Premium tiers with feature differences.

23. Accounts & Authentication

Login via benforbrands.co.uk. Keep credentials confidential. Notify us of unauthorised use.

24. Subscriptions

Premium access auto-renews until cancelled. See Returns & Refunds Policy for billing and cancellation.

25. Acceptable Use

• No illegal, abusive, or unauthorised activity
• No hacking, scraping, or credential sharing
• No malicious or infringing uploads

26. User Content & Data

You own all created content. We process data only to deliver the service (see Privacy Policy). You may export or delete data anytime.

27. Service Availability

High availability aimed but not guaranteed. Downtime may occur for maintenance or third-party issues.

28. AI-Powered Features

AI outputs (OpenAI, Anthropic) are provided “as is”. Review before use; we don’t store your prompts or outputs post-session.

PART F – Hosting and Platform Services

29. Scope

We provide or facilitate website hosting, email services, and platform access through trusted third-party providers, including (but not limited to) Fasthosts, Amazon Web Services (AWS), Nettl, and Shopify. These services may be supplied directly by those providers or through our reseller or partner accounts.

30. Service responsibility

• Hosting, uptime, and server maintenance are the responsibility of the underlying provider.
• We act as an account manager and first point of contact, but ultimate control of infrastructure and data security rests with the third-party provider.
• Where clients hold their own hosting or platform accounts (e.g., Shopify, WordPress, or Nettl), they remain responsible for renewal, billing, and compliance with that provider’s terms.

31. Data and backups

We take reasonable steps to ensure hosting partners maintain regular backups; however, clients are advised to keep their own copies of website files, databases, and email content. We are not liable for data loss caused by third-party failure, hacking, or user error.

32. Email services

Email services supplied through Fasthosts or other providers are subject to their acceptable-use and spam-prevention policies. We cannot guarantee continuous uptime or delivery of email messages routed through third-party servers.

33. Platform partners

As a Nettl and Shopify Partner, we may earn referral or management commissions. All Shopify hosting, billing, and subscription fees are paid directly to Shopify by the client. We do not handle client payment information for these accounts.

34. Limitation of liability

We are not liable for outages, downtime, data loss, or business interruption resulting from third-party hosting or platform failures. Our role is limited to coordination and reasonable support in liaising with the relevant provider.

PART G – General Terms

35. Orders & Quotations

Quotations are valid for 14 days from the date issued, after which pricing may be revised. Orders are not binding until we confirm acceptance in writing. We may refuse orders at our discretion. If you ask to cancel after acceptance, you remain liable for all costs incurred (materials, labour, and reasonable loss of profit) unless we agree otherwise in writing.

36. Pricing & Fees

All prices are in Pounds Sterling (GBP) and exclusive of VAT unless stated. We may adjust pricing if costs change due to factors beyond our control, you change scope/specifications, or delays arise from missing content/approvals. We will notify you of any changes before proceeding.

37. Payment Terms

• Digital products & subscriptions: Payment is taken immediately at checkout.
• Services (design, print, marketing): We may require a deposit (typically 50%) before starting work. Unless otherwise agreed in your quotation, the balance is due within 21 days of invoice date.

Time for payment is of the essence. We accept payment by bank transfer, card, PayPal, or as agreed.

38. Late Payment

If payment is not received by the due date, we may suspend work, retain copyright/deliverables, pursue recovery costs, and charge interest at 4% per month above the Bank of England Base Rate, calculated daily until payment is received.

39. Client Insolvency

If you enter or are likely to enter administration, liquidation, bankruptcy, or similar proceedings, we may immediately suspend or cancel contracts and demand payment of all outstanding invoices.

40. Our Liability to You

Nothing limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law. For business clients, our total liability for any claim is limited to the fees paid for the specific service or product giving rise to the claim. We are not liable for loss of profit, revenue, business, or data; indirect or consequential losses; or failures of third parties.

41. Your Liability to Us (Indemnity)

You agree to indemnify us against claims, costs, and expenses arising from content or instructions you provide; your breach of these terms; your violations of laws or third-party rights; and infringement claims relating to your supplied materials.

42. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (including natural disasters, war, government action, strikes, supplier/utility/telecom failures, or internet/hosting outages). We will notify you where practicable and use reasonable efforts to minimise delays.

43. Confidentiality

We will keep confidential any non-public information you provide, except where disclosure is required by law, necessary to provide the services (e.g., to printers or platforms), or you consent.

44. Data Protection

We process personal data in accordance with UK GDPR and the Data Protection Act 2018. See our Privacy Policy for full details.

45. Third-Party Services and Links

Our services may integrate with or link to third-party services (e.g., Google, Stripe, WordPress, Shopify, Nettl). We are not responsible for their availability, content, or practices. Your use of third-party services is subject to their terms.

46. Assignment and Subcontracting

We may subcontract work or assign this contract. You may not assign or transfer your rights or obligations without our written consent.

47. Entire Agreement

These Terms, together with any Brief, quotation, or service agreement, constitute the entire agreement between us, superseding prior understandings.

48. Variations

We may update these Terms from time to time. Changes will be posted on our website with the effective date shown at the top. Variations to specific contracts require written agreement from both parties.

49. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force.

50. Waiver

Failure to enforce any right does not waive that right.

51. Notices

Primary method: email de****@*************co.uk. Notices sent by email are deemed received when sent during UK business hours, or the next business day.
Postal correspondence (legal only): a serviceable postal address is available on request for formal legal correspondence. Please email first to request details.

52. Governing Law & Jurisdiction

These Terms are governed by the laws of England and Wales. Disputes are subject to the exclusive jurisdiction of the courts of England and Wales. Consumer clients may also have rights to bring proceedings in local courts.

53. Dispute Resolution

If you have a complaint, please contact de****@*************co.uk. We will make every effort to resolve disputes amicably. If unresolved, you may use an approved ADR provider or contact Citizens Advice.

54. Contact Information

• Trading names: Ben F-B trading as Ben for Brands and Nettl of Chesterfield
• Email: de****@*************co.uk
• Phone: +44 (0) 1246 914125
• Website: benforbrands.co.uk

Effective date: 24 October 2025
Last updated: 24 October 2025