Terms & Conditions

These terms cover three things:

Part A: using the BrandOr website (brandor.co.uk).

Part B: the services we provide to clients, such as websites, branding, and local search and Google Business Profile set-up.

Part C: BrandOr Leads, our monthly lead service, which runs on our online platform at brandor.co.uk/automation (shown in the app as BrandOr Automation).

Part D applies to all of them. Your written quote, proposal or order confirmation sets out the specifics of your work, such as scope, price and timescales. Where it is more specific than these terms, or conflicts with them, the quote wins.

These terms are written in plain English. If anything is unclear, please ask us before you go ahead.

BrandOr is the trading name of Dominic Vital, a sole trader based in Bournemouth, Dorset, England. “We”, “us” and “our” mean BrandOr. “You” means the person or business using our website, buying our services or using BrandOr Leads.

Email: dominic@brandor.co.uk

Phone: 07488 376 993

Location: Bournemouth, Dorset, UK

2. Using this website

By using this website you accept Part A and Part D of these terms. If you don’t agree, please don’t use the site. The site is free to use and is provided for general information about our business and services. We may change, suspend or withdraw it at any time, and we don’t guarantee it will always be available.

3. Information and prices on this website

We work to keep the site accurate and up to date, but it is general information, not advice for your particular business.

Prices on the site are shown in pounds sterling. Some are starting prices, and the final price depends on your requirements. The price you pay is the one in your written quote, which prevails over anything on the site. Your quote or invoice will show whether VAT applies.

If we make an obvious mistake in a price or description on the site, we are not bound by it. We will tell you and put it right before you commit.

4. Intellectual property

The content of this site, including its text, design, graphics and our logo, belongs to BrandOr or is used with permission. The work we show was done for clients, whose names, logos and websites belong to them. You may view and print pages for your own reference. You may not copy, republish or sell our content without our written permission.

5. Acceptable use

You must not use this website in any way that is unlawful, fraudulent or harmful. In particular, you must not:

try to gain unauthorised access to the site, its server, or anything connected to it;

introduce viruses or other harmful material, or attack the site (for example with a denial-of-service attack);

scrape or harvest content or contact details from the site by automated means; or

send false, abusive or spam messages through our forms.

6. Links to other websites

The site links to other websites, including our clients’ sites. We don’t control them and aren’t responsible for their content or how they handle your data. A link is not an endorsement.

7. Our liability for this website

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that the law does not allow us to limit.

If you use the site for business purposes, we are not liable for any loss of profit, sales, business, revenue, business opportunity or goodwill, or for any indirect or consequential loss, arising from your use of, or reliance on, the website.

If you are a consumer, we only provide the site for domestic and private use. We are not liable to you for business losses, and your statutory rights are not affected.

8. Viruses

We take reasonable steps to keep the site secure, but we can’t guarantee it is free from bugs or viruses. Please use your own virus protection.

9. Who Part B is for

Our services are designed for businesses: sole traders, partnerships and companies. If you buy from us as a consumer (for purposes that are wholly or mainly outside your trade, business, craft or profession), section 32 also applies to you, and your statutory rights are not affected.

10. Quotes, and when our contract starts

We give you a fixed written quote before any work starts. Unless it says otherwise, a quote is valid for 30 days from the date we issue it.

Quotes are based on the information you give us. If the work turns out to be different from what was described, we will explain what has changed and agree any new price with you before doing the extra work.

A quote is not a contract. Our contract starts when you accept the quote (in writing, by email or verbally) and we confirm we can do the work. The contract is made up of your quote and these terms.

11. Prices and payment

Our prices are set out in your quote.

Website and design projects: unless your quote or invoice says otherwise, we ask for a 50% deposit before work starts, with the balance due on completion. The deposit secures your place in our schedule and covers work we start and costs we commit to on your behalf.

Foothold: if you buy a Foothold page and move up to a bigger website tier within 90 days, everything you paid for the Foothold counts towards the new tier.

Ongoing services are invoiced at the intervals set out in your quote.

Please pay by bank transfer to the account shown on our invoice, or by another method we agree with you, by the due date on the invoice.

If you are a business and pay late, we may charge statutory interest and fixed-sum compensation under the Late Payment of Commercial Debts (Interest) Act 1998. If an invoice stays unpaid, we may pause work or ongoing services after giving you reasonable written notice.

12. What we need from you

Accurate information about your business, and your content (text, photos, logos), feedback and approvals when we ask for them.

Access to anything we need to do the work, such as your domain, hosting or Google Business Profile.

You confirm that you own, or have permission to use, the content you give us, and that it is lawful and accurate. You are responsible for the claims your business makes, such as accreditations, prices and reviews.

We will give you an estimated timeline at the start and work to it. Our timelines depend on getting your content and feedback on time, so delays on your side may move the launch date.

13. Revisions and changes

Your quote sets out what is included, including the number of revision rounds. If you would like extra revisions or work beyond the agreed scope, we will tell you the cost and get your agreement before we do it.

14. Launch, hosting and domains

Where we register a domain for you, we register it in your name and it is yours.

If you take BrandOr Care, or BrandOr Leads, which includes it, we host your website on our hosting account as part of that service. If Care ends for any reason, we move your website to a hosting account in your name at no charge.

Without Care, we set your website up on a hosting account in your name.

The first month after your website launches is part of the build. Care, if you choose it, starts after that.

Care includes up to an hour of small changes a month, such as prices, text, photos and new gallery items. Unused time does not carry over to the next month. Larger work, such as a new page, is quoted and agreed before we start.

Third-party costs, such as email, paid software and, without Care, hosting and domain renewals, are yours to pay unless your quote says they are included.

If we agree an ongoing service with you, such as Care, it runs as set out in your quote. Unless your quote says otherwise, you can end it at any time by giving us 30 days’ notice.

15. Who owns the work

When your site launches and you have paid in full, you own the work we created specifically for you, including the website code and design, copy, logo and brand files, and the accounts we set up for you.

Some things are not ours to transfer: third-party items such as fonts, stock images and open-source code are used under their own licences, which pass to you where the licence allows. Our own general tools, code libraries and know-how that we use across projects stay ours, and you have a permanent licence to use them as part of your website.

Until you have paid in full, the work remains ours.

We may show the finished work and your business name in our portfolio, and include a small credit link in the footer of your website. Just ask if you would rather we didn’t.

16. Results and third-party platforms

Search engines, Google Business Profile, review sites and social networks are run by other companies, which set their own rules and change them often. We use our skill and experience, but we can’t promise particular rankings, map positions or numbers of enquiries. We are not responsible for decisions those platforms make, such as suspending a profile, although we will help you deal with them.

17. Cancelling a project

You can cancel a project at any time by telling us in writing. You pay for the work we have done up to that point and for any costs we have committed to on your behalf. We deduct these from your deposit and refund anything left over. If they come to more than the deposit, we will invoice you for the difference.

We may end a contract by written notice if you don’t pay an invoice after we have reminded you, if you seriously break these terms and don’t put it right within 14 days of us asking, or if your business becomes insolvent. If you are a consumer, you also have the rights in section 32.

18. Confidentiality

We each keep the other’s confidential information private and use it only for the work. This does not apply to information that is already public, or that the law requires us to share.

19. Personal data we handle for you

When we build your website forms, run your automations or BrandOr Leads, or otherwise handle personal data about your customers, enquirers, staff or contacts, you are the controller of that data and we are your processor under UK GDPR. We will:

use the data only on your documented instructions and to provide our services to you, for as long as we provide them;

make sure anyone working with us who can access the data is bound by confidentiality;

keep it secure with appropriate technical and organisational measures;

use only the sub-processors listed in our Privacy Policy, which you authorise, and tell you before we add or replace one so you can object;

only transfer it outside the UK with the safeguards the law requires;

help you respond to requests from people using their data protection rights, and with your own security and compliance obligations;

tell you without undue delay if we become aware of a personal data breach affecting your data;

delete or return the data when our services end, unless the law requires us to keep it; and

give you the information you reasonably need to show that these obligations are being met.

The data may include names, contact details, messages, job, invoice and payment details, reviews and documents about your customers, enquirers, staff and prospects. You are responsible for having a lawful basis for the data you give us, for telling your customers how you use their data, and for following marketing law (the Privacy and Electronic Communications Regulations 2003) in any messages sent for you. If you would like a separate signed data processing agreement, ask us.

20. Our liability to business clients

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that the law does not allow us to limit.

We are not liable for loss of profit, revenue, business, contracts, goodwill or anticipated savings, or for any indirect or consequential loss.

Our total liability to you for a project is limited to the price you paid or agreed to pay for that project. For ongoing services, it is limited to the fees you paid in the 12 months before the event that gave rise to the claim.

21. Events outside our control

We are not responsible for delays or failures caused by events outside our reasonable control, such as illness, power or internet failures, or problems with third-party platforms. We will tell you as soon as we can and do our best to keep things moving.

22. About BrandOr Leads

BrandOr Leads is our monthly lead service for business owners. It runs on our online platform at brandor.co.uk/automation and can capture and answer enquiries from your website, inbox and Google profile, show planning applications in your area, draft prospect lists and messages, ask customers for reviews and help with other admin. Some features may be marked as coming soon.

BrandOr Leads is in early access. We are switching it on for businesses area by area, and features may be added, changed or withdrawn as it develops.

By creating an account you accept Part C and Part D of these terms, and sections 19 and 20 as they apply to the service.

23. Your account

You must be 18 or over and use BrandOr Leads for your business.

Give us accurate details and keep them up to date. Keep your password safe and don’t share your login. You are responsible for what happens in your account, including anything done by people you give access to.

Tell us straight away if you think someone has accessed your account without permission. We may suspend access to protect you or the service.

24. Fees and renewal

We will confirm the fees for BrandOr Leads in writing before you start paying. Our pricing page shows our current published pricing.

If you join at an early-access price, that price stays where it is for as long as your subscription continues.

There is no minimum term. Subscriptions run month to month and continue until cancelled. You can cancel any month by emailing us or by deleting your account. Cancellation takes effect at the end of the month you have paid for, and we don’t refund part months unless the law requires it.

Apart from early-access prices, if we change our fees we will give you at least 30 days’ notice, and you can cancel before the change takes effect.

25. Connecting other services

You can connect services such as Gmail, Google Calendar, Microsoft Outlook, your own email server and Calendly. By connecting a service, you authorise us to access it to run the features you switch on, as described in our Privacy Policy. You can disconnect at any time.

Connected services, and the text message and email providers we use, are run by other companies under their own terms. We are not responsible for their availability or for changes they make.

26. Messages sent in your name, and AI output

Depending on your settings, BrandOr Leads can send emails and text messages to your customers and contacts in your name, either automatically or after you approve them. You are responsible for the messages you approve or allow to be sent automatically.

You must have a lawful basis to contact the people you contact through the service and must follow data protection and marketing law. In particular, don’t send unsolicited marketing emails or texts to individuals, including sole traders and partnerships, unless they have agreed to receive them, and always respect opt-outs.

AI output, such as draft replies, message classifications, drafted prospect messages and scores, can be wrong or incomplete. Check it before you rely on it or send it. Any compliance or deadline features give reminders and general information, not legal, tax or accountancy advice.

27. Acceptable use of the service

You must not use BrandOr Leads to:

send spam, or messages that are unlawful, misleading, abusive, defamatory or harassing;

post, request or reward fake reviews, or hide genuine negative reviews;

upload content you don’t have the right to use, or anything containing viruses or malicious code;

try to access other users’ data, get around security or usage limits, or copy, reverse-engineer or resell the service; or

overload the service or the services connected to it.

If you break these rules, we may suspend the features involved or your account. We will tell you why, and give you notice where it is practical to do so.

28. Your data

Your data stays yours. We use it only to provide and support BrandOr Leads for you, and we handle your customers’ personal data as your processor under section 19.

If you ask before closing your account, we will give you a copy of your data in a commonly used format.

Deleting your account (Settings, then Delete account) removes your account and its data from the platform. This cannot be undone.

29. Availability and support

We work to keep BrandOr Leads running smoothly, but we can’t guarantee it will always be available or error-free, particularly during early access. We may need to pause it for maintenance and will try to do so at quiet times.

No particular service level or response time applies unless we agree one with you in writing. For help, email dominic@brandor.co.uk or call 07488 376 993.

30. Ending your use of the service

You can stop using BrandOr Leads at any time (see section 24).

We may close your account with at least 30 days’ notice, or immediately if you seriously break these terms, don’t pay, or use the service unlawfully. If we close the service or your account for our own reasons, we will refund any fees you have paid in advance for the period after closure.

When your account closes, your access ends and we delete your data as described in our Privacy Policy.

31. Our liability for BrandOr Leads

Section 20 applies to BrandOr Leads. Our total liability to you for the service is limited to the fees you paid for it in the 12 months before the event that gave rise to the claim.

We are not responsible for losses caused by messages you approved or chose to send automatically, by AI output you relied on without checking, or by the failure of services we don’t control, such as your email provider or a connected account.

32. If you are a consumer

Most of our clients are businesses. If you buy from us as a consumer:

Your legal rights. Under the Consumer Rights Act 2015, we must carry out our services with reasonable care and skill, and any goods we supply as part of them (such as printed business cards) must be of satisfactory quality. If we don’t, you can ask us to put it right, or in some cases to reduce the price. Nothing in these terms affects your statutory rights.

Your right to cancel. If you agree a contract with us at a distance (online, by phone or by email) or away from our business premises, you can cancel it within 14 days of the day the contract is made, without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

If you ask us to start work within those 14 days and then cancel, you pay a proportionate amount for the work done up to the time you tell us you are cancelling. If the service has been fully performed within the 14 days at your express request, and you acknowledged you would lose your right to cancel once it was, you can no longer cancel. Goods made to your specifications or clearly personalised, such as printed materials carrying your name or logo, cannot be returned under this right.

To cancel, send us a clear statement by email to dominic@brandor.co.uk. You can use the form below, but you don’t have to. We will refund any money due within 14 days of receiving your notice, using the same payment method you used.

Our liability to consumers. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We are not liable for business losses. The limits in sections 20 and 31 do not apply to you.

Model cancellation form (complete and return this form only if you wish to cancel the contract):

To: BrandOr (Dominic Vital), Bournemouth, Dorset, UK. Email: dominic@brandor.co.uk

I/We hereby give notice that I/We cancel my/our contract for the supply of the following service:

Ordered on:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

33. Complaints

Contact us by email at dominic@brandor.co.uk or by phone on 07488 376 993, and describe the issue with any useful details, such as dates, screenshots or invoice numbers. We will acknowledge your complaint within 3 working days and aim to resolve it within 14 working days. If you are a consumer and we can’t resolve it, you can get free, independent advice from Citizens Advice on 0808 223 1133.

34. Changes to these terms

We may update these terms from time to time, and the date at the top shows the latest version. The version in force when you accept a quote applies to that project. For ongoing services and BrandOr Leads, we will give you reasonable notice of any change that affects you, and you can cancel before it takes effect.

35. Other important terms

You may not transfer your rights under a contract with us to someone else without our written agreement.

Only you and we have rights under our contract. No one else can enforce it under the Contracts (Rights of Third Parties) Act 1999.

If a court decides part of these terms is invalid, the rest still applies.

If we don’t enforce a term straight away, we can still enforce it later.

We handle your personal data as described in our Privacy Policy.

36. Governing law

These terms, and any dispute arising from them, are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you are a consumer living in Scotland or Northern Ireland, you can also bring proceedings in your local courts.