Website and Service Terms and Conditions

These terms and conditions are the contract between you and Selfless Services Ltd, company number 17062047, trading as Build Before We Pitch ("BBWP", "we", "us" or "our"). Our registered office is at Piccadilly Business Centre, Blackett Street, Manchester, United Kingdom, M12 6AE. You can contact us at contact@buildbeforewepitch.com.

We design and develop websites and web applications, including projects that may use artificial intelligence or third-party software services. Our commercial model may include an unpaid demonstration build before a customer decides whether to buy a production service.

Our Services are intended principally for business customers. If you are an individual acting wholly or mainly outside your trade, business, craft or profession, you are a Consumer and the provisions in these terms that preserve or describe consumer rights apply to you.

Please read this agreement carefully and save a copy with your Order. A request for a demonstration or quotation does not by itself oblige us to accept work. A paid contract is formed only in the circumstances set out below.

It is now agreed as follows:

1. Definitions

“Background Materials” — means software, code, libraries, frameworks, templates, design systems, tools, methods, know-how, prompts, workflows, generic components and other material that we owned, developed independently of your Order, or use across more than one customer project.

“Business Customer” — means a Customer acting for purposes relating to a trade, business, craft or profession.

“Care Services” — means any ongoing hosting, maintenance, support, monitoring or similar service that an Order expressly states we will provide after initial delivery.

“Consumer” — means an individual acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession.

“Customer” or “you” — means the person or organisation that enters into an Order with us.

“Customer Data” — means personal data that we process on your behalf in the course of providing the Services, excluding business-contact and account-administration data that we process for our own purposes as controller.

“Customer Materials” — means text, images, logos, databases, documents, credentials, specifications and other content or material supplied or made available by you or on your behalf.

“Demo Build” — means an unpaid or speculative website, web application, prototype, mock-up or working demonstration created before a paid Order is formed.

“Deliverables” — means the production website, web application, code, design files or other output expressly identified in an Order as deliverable to you, excluding Background Materials and Third Party Materials.

“Order” — means our written quotation, proposal, order confirmation or statement of work that identifies the Services, price and any project-specific terms and that we accept in accordance with clause 3.

“Our Website” — means any website, portal, form, demonstration environment or online service operated by us under the Build Before We Pitch brand.

“Production Service” — means paid design, development, deployment or related work carried out under an Order, as distinct from a Demo Build.

“Services” — means the Production Services and any Care Services we expressly agree to provide under an Order.

“Third Party Materials” — means software, open-source components, fonts, APIs, models, plugins, hosting, platforms, stock content and other materials or services owned or supplied by third parties.

“Working Day” — means Monday to Friday excluding public holidays in England.

2. Scope of these terms

2.1These terms apply to Our Website; Demo Builds and every Order unless an Order expressly states that a particular provision is replaced.

2.2An Order may contain project-specific scope, technical requirements, assumptions, milestones, prices, payment dates, hosting arrangements or service levels. If an Order conflicts with these terms, the Order prevails only for the specific matter it clearly addresses.

2.3We do not undertake regulated professional, legal, financial, medical, engineering, compliance or sector-specific advisory work unless an Order expressly says otherwise. The Customer remains responsible for its own business and regulatory obligations.

2.4Nothing on Our Website is an offer capable of acceptance unless we expressly state otherwise.

2.5Our standard service scope is websites and web applications. A request for unrelated standalone software development or another materially different service is not accepted unless a specific Order expressly includes it.

3. Requests, capacity and formation of a paid contract

3.1A form submission, enquiry, brief or request for a Demo Build is a request for us to consider work. It is not an offer by you that we are obliged to accept and does not create a contract requiring us to build, quote or reserve capacity.

3.2Before a paid Order is formed, we may decline, delay, queue or place a request on a waitlist, including because of capacity, technical fit, commercial fit, risk or resource availability. We are not liable for declining or not progressing a pre-contract request, except for any liability that cannot lawfully be excluded.

3.3We may provide a Demo Build before deciding whether to offer paid Services. A Demo Build is governed by clause 4 and the notice in Schedule 1, but it is not the production deliverable.

3.4A paid contract is formed only when: (a) we send written confirmation that we accept the relevant Order; and (b) any deposit, upfront fee or other payment stated as a condition of commencement has been received in cleared funds. If the Order expressly provides for commencement without an upfront payment, the contract is formed when we send written acceptance.

3.5If we receive money before accepting an Order and then decline the work, we will return that money without unreasonable delay.

3.6Only the scope written in the accepted Order forms part of the paid project. Marketing descriptions, demonstrations and discussions may explain the proposed service but do not expand an Order unless incorporated in it. This does not exclude any information or representation that applicable law treats as binding.

4. Demo Builds: status, permitted use and disclaimer

4.1A Demo Build is supplied solely so that a prospective customer can evaluate our approach before deciding whether to purchase a Production Service.

4.2A Demo Build is not a production system, completed deliverable or assurance that we will accept a paid project. It may contain placeholder, generated, reconstructed, incomplete or AI-assisted content and may not have undergone production security, accessibility, performance, legal or compatibility testing.

4.3You must not publish, deploy, connect to live business systems, take live payments through, process production personal data through, resell, copy, scrape, reverse engineer or otherwise use a Demo Build for a commercial or operational purpose unless we give written permission.

4.4We may restrict or withdraw access to a Demo Build at any time before a paid Order is formed.

4.5To the fullest extent permitted by law, a Demo Build is provided “as is” for evaluation only. We do not warrant its accuracy, security, availability, compatibility, fitness for purpose or freedom from error. You must not rely on it as a production system. To the fullest extent permitted by law, we are not liable for loss arising from publishing, deploying, commercially using or otherwise relying on a Demo Build contrary to this clause.

4.6Nothing in this clause excludes or limits liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.

4.7The short notice in Schedule 1 should be displayed before or when a prospective customer first accesses a Demo Build. If there is any conflict between that short notice and these terms, these terms prevail.

4.8Where a Demo Build uses content taken from a prospect’s publicly available business website or supplied by the prospect, ownership of that underlying content remains with its existing owner. Our use of it for a private demonstration does not transfer that underlying intellectual property to us.

5. Orders, scope and project assumptions

5.1Each Order should identify the principal Deliverables, price, material dependencies and any agreed delivery target.

5.2Unless the Order expressly includes them, the Services do not include ongoing content entry, legal or regulatory review, accessibility certification, penetration testing, search-engine ranking guarantees, paid advertising, copywriting, photography, data migration, third-party subscription charges or ongoing support after delivery.

5.3A delivery date is an estimate unless the Order expressly identifies it as a fixed contractual deadline. We will use reasonable efforts to meet agreed dates, but a date moves to the extent that delay is caused by Customer dependencies, scope changes, third parties or events outside our reasonable control.

5.4We may use employees, contractors and specialist suppliers to perform the Services. We remain responsible for our contractual obligations to you.

6. Your responsibilities

6.1You must provide information, approvals, credentials, access, Customer Materials and decisions that we reasonably need to perform the Services, accurately and in sufficient time.

6.2You are responsible for checking the accuracy and lawfulness of Customer Materials and for obtaining all licences, permissions and consents required for us to use them in carrying out the Order.

6.3You are responsible for the goods, services, statements, prices and representations made by your business through the Deliverables, and for laws and professional or sector rules applicable to your business, unless the Order expressly places a specific compliance task on us.

6.4If the Deliverables collect personal data from your customers or users, you are responsible as controller for deciding why that personal data is collected, providing appropriate privacy information and ensuring you have an appropriate lawful basis. Our processor obligations are set out in clause 16 and Schedule 2.

6.5You must not provide us with unlawful content, malicious code, infringing material, or special category or highly sensitive personal data unless the Order expressly requires it and appropriate safeguards have first been agreed.

6.6You must keep administrative credentials secure and notify us promptly of suspected unauthorised access relevant to a Service we operate for you.

7. Changes and additional work

7.1Either party may propose a change to scope. We are not required to perform a material change until we have agreed its effect on price, timing and dependencies in writing.

7.2Work requested outside the agreed scope may be quoted separately or charged at an agreed rate. We will not impose an additional material charge without informing you before carrying out the additional chargeable work.

7.3A change requested by you may extend any delivery estimate. If a third-party platform or API changes in a way that materially affects the project, we will discuss a reasonable adjustment to scope, method, timing or price.

8. Review, testing and acceptance

8.1We will perform the Production Services with reasonable care and skill.

8.2Before launch or handover, you must carry out reasonable user acceptance checks relevant to your business, including reviewing text, links, forms, contact details, prices, user journeys and any outputs that depend on Customer Materials.

8.3Unless the Order states a different period, you should notify us within 7 Working Days after we present a Deliverable for acceptance of any material failure to conform to the agreed specification, with enough information for us to reproduce the issue.

8.4We will use reasonable efforts to correct a reproducible material non-conformity that is within our agreed scope. Cosmetic preferences, new features, changed requirements and issues caused by Third Party Services are not defects in our work merely because they arise during acceptance.

8.5Acceptance occurs when you approve the Deliverable in writing, put it into live use, or do not report a material non-conformity within the applicable acceptance period, whichever happens first. Acceptance does not waive rights relating to latent defects, fraud or mandatory statutory rights.

9. Fees, invoicing and payment

9.1The price and payment schedule are stated in the Order. Prices are exclusive of VAT unless expressly stated otherwise, and VAT will be added where legally applicable.

9.2Third-party charges are included only where the Order says so. Domain, hosting, software, model, API, licence, advertising or platform charges may be payable separately.

9.3Unless the Order expressly states otherwise, all prices and invoices are stated and payable in pounds sterling (GBP). Where you pay from outside the United Kingdom or in a different currency, you are responsible for any currency conversion, international transfer or receiving-bank charges, and payment must arrive with the full invoiced amount received by us net of any such charges.

9.4We may require cleared payment before beginning a Production Service, deploying a live system, transferring Deliverables or assigning intellectual property. We are not required to release paid Deliverables before all amounts then due under the relevant Order have been paid.

9.5Payments may be processed by a third-party payment provider. We do not require you to provide us with full payment-card details where the provider processes them directly.

9.6For a Business Customer, overdue undisputed amounts may accrue statutory interest and compensation where the Late Payment of Commercial Debts (Interest) Act 1998 applies, without limiting any other contractual remedy.

9.7If an undisputed amount remains overdue after reasonable notice, we may suspend work or access to a Service until payment is made. We will not exercise suspension in a way that would unlawfully prejudice a Consumer’s mandatory rights.

10. Consumer cancellation rights

10.1This clause applies only if you are a Consumer and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to the Order.

10.2For a distance contract for Services, you normally have 14 days from the day after the contract is made to cancel without giving a reason.

10.3If you expressly ask us to begin Services during that 14-day period and then cancel before the Services are fully performed, you must pay only the proportionate amount lawfully due for the Services supplied up to the time you cancel.

10.4Your cancellation right in a service ends only when the service has been fully performed, if performance began after your express request and you acknowledged before performance that the right would be lost once the service was fully performed.

10.5Where an Order includes digital content supplied otherwise than on a tangible medium, any separate statutory rule about immediate supply of digital content and loss of the cancellation right applies only if the legally required prior consent and acknowledgement have been obtained.

10.6If we are unable to perform an accepted Order and you have paid for Services that we do not supply, we will refund the amount paid for those unsupplied Services.

10.7Schedule 3 contains a cancellation notice, model cancellation form and express-start acknowledgement. Mandatory consumer rights are not reduced by any other provision of these terms.

11. Delivery, deployment and handover

11.1The method of delivery or deployment is stated in the Order. It may include deployment to hosting controlled by us or a third party, transfer to a repository or account, or delivery of files.

11.2You must provide any domain, DNS, platform or account access reasonably required for deployment.

11.3Where we transfer a service or account to you, you are responsible for changing credentials and maintaining security after control passes to you.

11.4Unless an Order includes Care Services, our obligation to maintain, monitor or update a Deliverable ends after the agreed handover and correction of defects within the agreed acceptance/support period.

12. Hosting, Care Services and Third Party Services

12.1If we provide hosting or Care Services, the Order will state the included service. Unless a specific service level is stated, we provide those services using reasonable care and skill but do not guarantee uninterrupted or error-free availability.

12.2Third Party Services are subject to the availability, licence terms, technical limits and changes of their providers. We are not responsible for a provider discontinuing or materially changing a third-party service, but we will use reasonable efforts to mitigate the impact where that service is within our managed scope.

12.3We may carry out maintenance, security updates or emergency work that temporarily affects availability. Where reasonably practicable, we will give advance notice of material planned interruption to a managed production service.

12.4If a third-party licence or subscription is registered in your name, you are responsible for its fees and terms after handover unless the Order states otherwise.

12.5A recurring support, hosting or maintenance arrangement may be governed by an Order or a separate retainer/care agreement. These terms do not create a minimum monthly support obligation unless one is expressly purchased.

13. Artificial intelligence and automated tools

13.1We may use AI-assisted or automated development tools where appropriate to the project, including for coding assistance, drafting, testing, image or content generation, classification and workflow automation.

13.2AI output can be probabilistic, incomplete, inaccurate, non-unique or affected by third-party model changes. We apply human review appropriate to the task, but an AI-assisted output is not a guarantee of factual accuracy, legal compliance, non-infringement or suitability for a regulated or high-risk decision.

13.3You must review business-critical output before relying on it and must not use an AI-enabled Deliverable for a legally regulated or high-impact decision about an individual unless that use was expressly within scope and all necessary legal, technical and human safeguards have been implemented.

13.4Where project content is submitted to a third-party AI provider as part of the agreed development process, we will use providers and configurations that we reasonably consider appropriate for the task and will handle personal data in accordance with clause 16 and our Privacy Policy.

13.5You should not provide trade secrets, special category personal data or other highly confidential data for use in an AI workflow unless we have expressly agreed the use and safeguards in writing.

13.6Unless an Order expressly states otherwise, we do not warrant that AI-generated or AI-assisted elements are unique, registrable as intellectual property, or free from all third-party claims.

14. SEO, marketing and business outcomes

14.1Where an Order includes SEO, optimisation, conversion work, lead-generation features or marketing-related technical work, we will perform the agreed work with reasonable care and skill.

14.2Search engines, advertising platforms and customer behaviour are outside our control. We do not guarantee any particular ranking, traffic level, lead volume, conversion rate, revenue, profit or other business outcome unless an Order expressly sets a measurable service commitment.

14.3You remain responsible for the accuracy and legality of claims made about your business and for sector-specific advertising and consumer-law compliance.

15. Intellectual property

15.1All rights in a Demo Build, including the design, code and configuration created by us for it, remain ours unless and until a paid Order expressly provides otherwise. No licence is granted to deploy or commercially exploit an unpaid Demo Build.

15.2Customer Materials remain owned by you or their existing owner. You grant us a non-exclusive licence to use, copy, adapt and process Customer Materials only to the extent reasonably necessary to provide the Services, support the project and comply with law.

15.3Subject to full payment of all amounts due for the relevant Order, we assign to you, with full title guarantee, the intellectual property rights that we own in bespoke Deliverables created specifically for you under that Order, excluding Background Materials and Third Party Materials. We will ensure, so far as reasonably necessary for that assignment, that rights created for the project by our personnel or contractors are vested in us or otherwise available for transfer or licensing to you.

15.4Background Materials remain ours. To the extent any Background Materials are embedded in or necessary to use a paid Deliverable, we grant you a perpetual, worldwide, non-exclusive, royalty-free licence to use them as part of, and for the normal use, maintenance and development of, that Deliverable. You may permit a replacement developer or service provider to exercise that licence on your behalf for those purposes.

15.5Third Party Materials remain subject to their own licences and terms. Open-source components are licensed under the applicable open-source licence. We do not transfer rights that a third party does not permit us to transfer.

15.6Where law does not permit ownership of a particular AI-generated element to vest as contemplated by clause 15.3, we will pass to you such rights or permissions as we are legally able to provide, but we do not warrant exclusivity or registrability.

15.7Neither party may remove another party’s proprietary notices from material that it does not own, except where removal is expressly authorised.

16. Data protection and processing on behalf of Customers

16.1Each party will comply with data protection law applicable to its own processing, including the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003, in each case as amended from time to time, including by the Data (Use and Access) Act 2025.

16.2For business-contact, enquiry, account, billing, security and supplier-management information that we use for our own business purposes, each party acts as an independent controller.

16.3Where we process Customer Data solely on your documented instructions in providing hosting, forms, databases, support or another managed service, you are controller and we are processor unless the Order expressly records a different lawful allocation of roles.

16.4Schedule 2 forms the data-processing terms required for processing under clause 16.3 and is incorporated into every relevant Order.

16.5You must not instruct us to process personal data unlawfully. You are responsible for the lawfulness, fairness and transparency of the purposes and instructions you determine as controller.

16.6If either party becomes aware that the actual processing requires the parties to act as joint controllers or in another role not reflected in the Order, the parties will document an appropriate arrangement before continuing that materially different processing.

17. Confidentiality

17.1Each party must keep confidential information received from the other party confidential and use it only for performing or receiving the Services, exercising legal rights or complying with law.

17.2Confidential information does not include information that is lawfully public, was already lawfully known without restriction, is independently developed without use of the other party’s confidential information, or is lawfully received from a third party without confidentiality restriction.

17.3A party may disclose confidential information to employees, contractors, professional advisers and service providers who need it for the permitted purpose and are subject to appropriate confidentiality obligations.

17.4A legally required disclosure may be made to the extent required, with prior notice to the other party where law permits.

18. Security, credentials and backups

18.1We will use appropriate technical and organisational measures for systems we operate as part of the Services, taking account of the nature of the Service and the risk.

18.2No internet-connected system can be guaranteed completely secure. Unless the Order includes a specific security service, our Services do not constitute a penetration test, security certification or guarantee against cyberattack.

18.3You are responsible for secure use of credentials and devices under your control and for promptly applying security actions that we reasonably identify as your responsibility.

18.4Unless backup or disaster recovery is expressly included in the Order, you remain responsible for maintaining copies of Customer Materials and business records needed for continuity.

18.5If we maintain backups as part of a managed service, backups are for operational recovery and are not an archival service unless expressly agreed.

19. Warranties and disclaimers for paid Services

19.1We warrant that we will perform paid Services with reasonable care and skill and substantially in accordance with the accepted Order.

19.2Except where expressly stated in an Order or required by law, we do not warrant that a Deliverable will be completely free from bugs, compatible with every future browser or device, continuously available, or unaffected by future third-party changes.

19.3You acknowledge that software requires maintenance and that security, browser, operating system, API, search-engine and platform changes may require future work after delivery.

19.4Nothing in these terms excludes a statutory term or remedy that cannot lawfully be excluded, including a Consumer’s mandatory rights.

20. Suspension

20.1We may suspend affected Services where reasonably necessary because of a material security risk, unlawful use, material breach, non-payment of an undisputed amount after notice, third-party platform suspension, or an emergency.

20.2Where practicable, we will give notice and a reasonable opportunity to remedy before suspension, except where immediate action is reasonably required for security, law, third-party compliance or prevention of harm.

20.3We will restore a suspended Service when the reason for suspension has been resolved, subject to payment of any undisputed amount lawfully due and any reasonable technical restoration steps.

21. Term and termination

21.1A project Order continues until the Services under it are completed unless terminated earlier under these terms. A recurring Care Service continues for the period and renewal basis stated in its Order.

21.2Either party may terminate an Order immediately by written notice if the other commits a material breach that cannot be remedied, or fails to remedy a remediable material breach within 14 days after written notice requiring remedy.

21.3Either party may terminate immediately if the other becomes insolvent, enters liquidation or administration (other than for a solvent restructuring), ceases business, or is unable to pay debts as they fall due, subject to mandatory insolvency law.

21.4A Customer may terminate for convenience only where the Order gives that right or mandatory law requires it. If we agree to a discretionary early termination, amounts due will reflect work performed and non-cancellable commitments reasonably incurred.

21.5A Consumer’s statutory cancellation and termination rights are unaffected.

22. Consequences of termination

22.1Termination does not affect rights and liabilities accrued before termination.

22.2You must pay undisputed fees properly due for Services supplied up to termination and any non-cancellable third-party cost that the Order lawfully makes your responsibility.

22.3If you have paid in full for Deliverables that are complete and transferable, we will provide the handover contemplated by the Order. Intellectual-property transfer remains subject to clause 15.

22.4Where we process Customer Data as processor, return or deletion is governed by Schedule 2.

22.5Clauses intended by their nature to survive termination, including confidentiality, intellectual property, accrued payment obligations, data protection, liability and general legal provisions, continue.

23. Liability

23.1Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of title that cannot lawfully be limited, or any other liability that cannot lawfully be excluded or limited.

23.2If you are a Business Customer, subject to clause 23.1: (a) our aggregate liability arising out of or in connection with a project Order is limited to the total fees paid or payable to us under that Order; and (b) for recurring Care Services, our aggregate liability arising in any 12-month period is limited to the fees paid or payable for those Care Services in that 12-month period.

23.3If you are a Business Customer, subject to clause 23.1, we are not liable for indirect or consequential loss, loss of profit, revenue, anticipated savings, business, opportunity or goodwill, or loss or corruption of data except for reasonable direct restoration costs to the extent caused by our breach and not recoverable from an available backup.

23.4We are not liable for a business outcome, search ranking, lead volume, regulatory position, Customer Material, or third-party failure except to the extent the loss is caused by our breach of an express obligation that covers that matter.

23.5If you are a Consumer, we are responsible for loss or damage that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill. We are not responsible to a Consumer for business losses. Nothing in this clause limits any mandatory consumer remedy.

23.6The limitations in this clause apply to the fullest extent permitted by law to claims in contract, tort (including negligence), misrepresentation, restitution, breach of statutory duty or otherwise.

24. Business Customer indemnities

24.1This clause applies only to Business Customers.

24.2You will indemnify us against reasonable third-party claims, losses, liabilities and external legal costs arising from: (a) Customer Materials infringing intellectual property or privacy rights; (b) your products, services, business claims or sector-specific legal non-compliance; or (c) your unlawful use of a Deliverable, except to the extent caused by our breach, negligence or wilful misconduct.

24.3We will give you reasonable notice of a material claim for which we seek indemnity, allow reasonable participation in its defence, and take reasonable steps to mitigate loss. We will not agree a settlement that imposes an admission or non-monetary obligation on you without your consent, not to be unreasonably withheld.

25. Use and security of Our Website

25.1You may use Our Website for lawful evaluation, enquiry and customer purposes.

25.2You must not attempt unauthorised access, introduce malware, interfere with security, overload our systems, scrape or systematically extract protected content, copy source code, defeat access controls, or use Our Website in a way that is unlawful or materially harmful.

25.3Content and branding on Our Website remain owned by us or our licensors. You may view and make reasonable internal copies for evaluating or using our Services, but no wider intellectual-property licence is granted.

25.4Links to third-party websites are provided for convenience. We do not control third-party content or services merely because we link to them.

26. Events outside reasonable control

26.1Neither party is liable for delay or failure caused by an event outside its reasonable control, including serious infrastructure failure, widespread internet or cloud outage, industrial action, natural disaster, war, civil emergency or governmental restriction.

26.2The affected party must use reasonable efforts to reduce the effect and resume performance. If a material interruption continues for more than 30 days and substantially prevents the relevant Service, either party may terminate the affected part of the Order on written notice, with payment/refund adjusted for Services actually supplied and mandatory rights.

27. Communications and notices

27.1Routine project communications may be made by email, project platform or another channel the parties use for the project.

27.2A notice terminating an Order or alleging material breach must be in writing and sent to the most recent business email or postal address notified by the receiving party.

27.3An email notice is treated as received on the next Working Day after sending if no delivery-failure notice is received. A notice sent by first-class post is treated as received two Working Days after posting.

28. General legal provisions

28.1Neither party may assign the whole of an Order without the other party’s written consent, not to be unreasonably withheld, except that we may assign to a successor to substantially all of the business to which the Order relates if that does not materially reduce your rights.

28.2A failure or delay to enforce a right is not a waiver of that right.

28.3If any provision is invalid or unenforceable, it will be modified or severed only to the minimum extent necessary, and the remainder continues.

28.4For a Business Customer, the Order and these terms constitute the entire agreement relating to their subject matter and supersede prior discussions, but neither party excludes liability for fraud or fraudulent misrepresentation. This clause does not exclude information or rights that consumer law treats as binding.

28.5Except as expressly provided in clause 28.6, a person who is not a party has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce these terms.

28.6Our directors, employees, contractors and agents may rely on a provision that expressly excludes or limits liability for their benefit, but the parties may vary or terminate the agreement without their consent.

28.7Before starting court proceedings, the parties should attempt in good faith to resolve a material dispute by senior discussion and, where proportionate, mediation. This does not prevent urgent injunctive relief or a statutory complaint.

28.8These terms and every Order are governed by the law of England and Wales.

28.9If you are a Business Customer, the courts of England and Wales have exclusive jurisdiction. If you are a Consumer resident elsewhere in the United Kingdom, you may also have the right to bring proceedings in the courts of the part of the United Kingdom where you live, and mandatory consumer jurisdiction rules prevail.