Terms and Conditions

Last Updated: 17th June 2024

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” “your”) and Tweed Technology Limited (“Company,” “we,” “us,” “our”), a company registered in England and Wales. These Terms govern your access to and use of our websites, content, and all services, tools, and materials (collectively, the “Services”).

By accessing our websites, purchasing services, or using any of our materials, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Services.

1. Definitions

“Services” refers to all websites (including but not limited to techtweedie.github.io and mightora.io), blogs, technical content, coaching, mentoring, advisory sessions, custom code, tools, connectors, APIs, and any other materials or services provided by the Company.
“Intellectual Property” includes all copyrights, trademarks, trade secrets, patents, and other proprietary rights in and to the Services, including all content, code, branding, and materials.

2. Scope of Services

2.1. Informational Content

All content published on our websites is for general informational purposes only. It does not constitute professional advice. We make no warranties, express or implied, regarding its accuracy, completeness, or suitability for any purpose. Your use of this content is at your sole risk.

2.2. Consulting, Training, and Advisory Services

Our consulting, training, coaching, and mentoring services (“Advisory Services”) are intended to provide expert guidance, education, and support based on the information you provide. While we strive to deliver the highest quality of service, you acknowledge the following:

a. Not a Substitute for Professional Advice: Our Advisory Services are not a substitute for professional legal, financial, or regulatory advice. You are responsible for seeking independent professional advice where necessary. b. Client Responsibility: You are solely responsible for all decisions, actions, and outcomes resulting from our Advisory Services. The implementation of any guidance or training material is at your own risk. c. No Guaranteed Outcomes: We do not warrant or guarantee any specific business outcomes, results, or performance improvements from our Advisory Services. All results are dependent on your own efforts and business context. d. Information Provided: The quality and accuracy of our Advisory Services are dependent on the information you provide. We are not liable for any deficiencies in the services resulting from inaccurate or incomplete information supplied by you.

2.3. Custom Code, Tools, and Connectors

All custom code, tools, and connectors are provided “AS IS” and “AS AVAILABLE”. We expressly disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and security. We do not guarantee that our tools will be error-free or meet your specific requirements. You are solely responsible for the testing, validation, and security of any implementation.

3. Payments and Invoicing

3.1. Invoicing and Due Dates

All invoices are payable in full by the due date specified.

3.2. Annual Price Increase

All service rates will increase annually on 1st April in line with the UK Retail Price Index (RPI) as published in the preceding March.

3.3. Late Payments and Suspension

Failure to pay an invoice by the due date is a material breach of these Terms. We reserve the right to: a. Suspend all Services and withhold deliverables until payment is received. b. Charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 (8% plus the Bank of England base rate). c. Recover all reasonable administrative and legal costs incurred in debt recovery.

3.4. Forfeiture of Discounted Rates

Any late payment will result in the immediate and automatic termination of any agreed-upon discounted or preferential rates. Our full standard commercial rates will apply to all subsequent work until a new written agreement is established.

4. Intellectual Property

All Intellectual Property remains the exclusive property of Tweed Technology Limited. You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes only. You may not redistribute, sell, modify, decompile, reverse-engineer, or claim ownership of any of our Intellectual Property without our prior written consent.

5. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the provision of Services. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

6. Limitation of Liability

To the maximum extent permitted by law, Tweed Technology Limited shall not be liable for any indirect, consequential, incidental, or special damages, including but not limited to:

Loss of profits, revenue, or business opportunities.
Loss of data or business interruption.
Damages arising from technical failures or decisions made based on our Services.

Our total aggregate liability for any claim arising out of or in connection with these Terms or the Services shall not exceed the total fees paid by you to us in the six (6) months preceding the claim.

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.

7. Data Protection

We are committed to protecting your privacy. We will process your personal data in accordance with our Privacy Policy [Link to your Privacy Policy here] and applicable data protection laws, including the UK GDPR.

8. Termination

Either party may terminate this agreement with immediate effect by providing written notice if the other party: a. Commits a material breach of these Terms and fails to remedy it within 14 days of notice. b. Becomes insolvent, enters administration, or ceases to trade.

We may also terminate this agreement for any reason by providing you with 30 days’ written notice. Upon termination, you must immediately cease all use of our Services and pay all outstanding invoices.

9. General Provisions

9.1. Entire Agreement

These Terms, together with any invoices and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior communications, whether oral or written.

9.2. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

9.3. No Waiver

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.

9.4. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

9.5. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.