Brightvue Digital – Terms and Conditions

Last updated: 21/05/2025

These Terms and Conditions govern the provision of services by Brightvue Digital (“we”, “us”, “our”) to any client (“you”, “your”). By purchasing or using our services, you agree to be bound by these Terms.

1. Services

1.1 Brightvue Digital provides digital services including, but not limited to:

  • Website hosting

  • Website maintenance and updates

  • Website development

  • Related digital and technical support services

1.2 Services will be provided in accordance with the description, scope, and pricing agreed at the time of purchase or set out on our website or proposal documentation.

1.3 We reserve the right to amend or update our services from time to time.

2. Website Hosting

2.1 Website hosting services are provided on a rolling basis unless otherwise stated.

2.2 While we take reasonable steps to ensure reliable uptime and performance, we do not guarantee uninterrupted service.

2.3 Scheduled maintenance, security updates, or emergency work may result in temporary downtime.

2.4 We are not responsible for outages or disruptions caused by:

  • Third-party hosting infrastructure

  • Internet service providers

  • Force majeure events

  • Client actions or third-party integrations

3. Client Responsibilities

3.1 You are responsible for ensuring that all content supplied to us is accurate, lawful, and does not infringe any third-party rights.

3.2 You must provide all information, materials, and access reasonably required for us to deliver services.

3.3 Delays caused by missing or incorrect information supplied by you are not our responsibility.

3.4 You are responsible for maintaining your own backups unless a backup service is expressly included in your package.

4. Content and Acceptable Use

4.1 You must not use our services to host or distribute content that is:

  • Illegal, obscene, offensive, defamatory, or misleading

  • Infringing intellectual property rights

  • Malicious, harmful, or designed to disrupt systems

  • In breach of any applicable law or regulation

4.2 We reserve the right to remove or suspend access to content that we reasonably believe breaches these Terms.

4.3 We are not responsible for content uploaded by you or third parties acting on your behalf.

5. Intellectual Property

5.1 You retain ownership of all intellectual property in content, branding, and materials you supply.

5.2 Unless otherwise agreed, Brightvue Digital retains ownership of any underlying systems, code frameworks, tools, or methodologies used in delivering services.

5.3 Upon full payment, you are granted

6. Charges and Payment

6.1 Fees are charged in accordance with the pricing agreed at the time of purchase.

6.2 Hosting and ongoing services are typically billed monthly in advance unless stated otherwise.

6.3 All invoices are payable within 15 days of the invoice date.

6.4 All prices are exclusive of VAT unless stated otherwise.

6.5 We reserve the right to suspend services for non-payment following reasonable notice.

7. Limitation of Liability

7.1 Nothing in these Terms limits liability for:

  • Death or personal injury caused by negligence

  • Fraud or fraudulent misrepresentation

  • Any liability which cannot be excluded under law

7.2 To the fullest extent permitted by law, we shall not be liable for:

  • Loss of revenue or profits

  • Loss of business or opportunity

  • Loss of data

  • Loss of goodwill or reputation

  • Indirect or consequential losses

7.3 Our total liability in any 12-month period shall not exceed the total fees paid by you to us during that period.

8. Data Protection

8.1 Both parties shall comply with applicable UK data protection legislation.

8.2 Where we process personal data on your behalf, we will:

  • Act only on your instructions

  • Implement appropriate technical and organisational security measures

8.3 You remain responsible for the lawfulness of any personal data you collect or supply.

9. Termination

9.1 Either party may terminate services by giving written notice in accordance with the agreed service term.

9.2 We may terminate or suspend services immediately if:

  • You breach these Terms

  • Payments remain overdue

  • Your use of services exposes us to legal or reputational risk

9.3 Upon termination, access to hosted services may be withdrawn and data removed after a reasonable period.

10. Confidentiality

10.1 Both parties agree to keep confidential any non-public commercial or technical information disclosed during the provision of services.

10.2 This obligation survives termination of services.

11. Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

12. Entire Terms

These Terms constitute the entire understanding between you and Brightvue Digital regarding our services and supersede all prior discussions or agreements.

13. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, and the courts of England shall have exclusive jurisdiction.