Terms of Service

These terms

By using this website or the client portal you agree to these terms. Project work is governed by these terms together with the written proposal or statement of work for that project. Where the two conflict, the proposal wins.

Enquiries are not contracts

Submitting the contact form, receiving an estimate, or discussing a project does not create a binding agreement. A project begins only when both parties have accepted a written proposal and any agreed deposit has been paid.

Scope and changes

Each project has a defined scope, set of deliverables, and timeline recorded in its proposal. Work outside that scope is quoted and agreed separately before it starts. Timelines assume you provide content, feedback, and approvals within the response windows set out in the proposal; delays there move the delivery date accordingly.

Your responsibilities

• Provide accurate information, content, and assets, and the rights to use them.
• Give feedback and approvals at the agreed checkpoints.
• Keep your portal credentials confidential and tell us promptly if you think an account has been compromised.
• Hold and maintain any third-party accounts, licences, or subscriptions the project depends on.

Fees and payment

Fees, milestones, and the payment schedule are set out in the proposal. Invoices are payable within the period stated on the invoice. We may pause work on an overdue account after written notice. Quoted fees exclude third-party costs — hosting, domains, licences, and stock assets — unless the proposal says otherwise.

Intellectual property

You retain ownership of everything you supply to us. On receipt of final payment, ownership of the deliverables created specifically for your project transfers to you.

We retain ownership of our pre-existing tools, libraries, and internal frameworks, and grant you a perpetual, non-exclusive licence to use them as part of your deliverables. Third-party and open-source components remain under their own licences. We may reference the work in our portfolio unless the proposal says otherwise.

Warranty and support

We warrant that the work will materially conform to the agreed specification, and we will correct defects reported within the warranty period stated in the proposal at no charge. The warranty does not cover changes made by you or a third party, faults in third-party services, or new requirements discovered after launch. Ongoing maintenance is available under a separate agreement.

Acceptable use

Do not use this website or the portal to upload unlawful or infringing material, to attempt to access accounts or data that are not yours, to probe or disrupt the service, or to send automated traffic beyond the rate limits we apply. We may suspend access that breaches this section.

Limitation of liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. Subject to that, neither party is liable for indirect or consequential loss, loss of profit, or loss of data, and our total liability for a project is capped at the total fees paid by you for that project.

Termination

Either party may terminate a project with written notice as set out in the proposal. On termination you pay for work completed and costs committed up to that date, and we hand over the work in its current state. Sections covering intellectual property, payment, and liability survive termination.

Governing law

These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them.

Contact

Questions about these terms: hello@benix.studio.