Terms and Conditions
Last Updated: April 2026
Please read these Terms and Conditions (“Terms”) carefully before using the
beyondabilities.co.uk website (“Site”) or engaging our services. By accessing or using our Site
and services, you agree to be bound by these Terms. If you disagree with any part of these
Terms, you must not use our Site or services.
1. Definitions
“Beyond Abilities,” “we,” “us,” or “our” refers to Beyond Abilities, a company operating in
the United Kingdom.
“Client,” “you,” or “your” refers to the individual, company, or organisation accessing our
Site or purchasing our services.
“Services” refers to marketing, creative, design, consulting, and any other professional
services provided by Beyond Abilities.
“Deliverables” refers to all materials, assets, content, and work product created by us as part
of our Services.
2. Use of the Site
You must be at least 18 years of age to use this Site or engage our Services.
You agree to use the Site only for lawful purposes and in a way that does not infringe the
rights of, restrict, or inhibit anyone else’s use and enjoyment of the Site.
Unauthorised use of this Site may give rise to a claim for damages and/or be a criminal
offence.
3. Services and Engagement
Proposals and Quotes: All proposals and quotes provided by us are valid for 30 days unless
otherwise stated. Acceptance of a proposal constitutes a binding agreement.
Scope of Work: The specific scope, timeline, and deliverables for each project will be
detailed in a separate Statement of Work (“SOW”) or project agreement.
Client Responsibilities: You agree to provide timely feedback, approvals, and any materials or
information reasonably required for us to perform the Services. Delays caused by your
failure to meet these responsibilities may result in project delays and additional fees.
Revisions: Unless otherwise agreed in the SOW, our Services include a reasonable number of
revisions as specified in the project agreement. Additional revisions beyond the agreed
scope may incur extra charges.
4. Fees and Payment
Fees: All fees are as quoted in the proposal, SOW, or as otherwise agreed in writing.
Payment Terms: Unless otherwise agreed, invoices are payable within 14 days of the invoice
date.
Late Payments: We reserve the right to charge interest on late payments at the rate of 8%
per annum above the Bank of England base rate, in accordance with the Late Payment of
Commercial Debts (Interest) Act 1998.
Deposits: For projects exceeding £3000, we may require a deposit of up to 50% before
commencing work.
Expenses: Reasonable out-of-pocket expenses incurred in connection with the Services (e.g.,
travel, stock imagery, third-party software) will be charged to the Client with prior approval
where possible.
5. Intellectual Property Rights
Our Pre-Existing Materials: All intellectual property rights in our methodologies, tools,
templates, and pre-existing materials remain our property.
Client Materials: You retain all rights to materials you provide to us. You grant us a non
exclusive, royalty-free licence to use these materials solely for the purpose of delivering the
Services.
Deliverables: Upon full payment of all fees, ownership of the final Deliverables (as defined in
the SOW) will transfer to you. However, we retain the right to use general concepts,
techniques, and know-how developed during the project, and to showcase the work in our
portfolio and marketing materials unless otherwise agreed in writing.
Third-Party Assets: Where Deliverables incorporate third-party assets (e.g., stock photos,
fonts, plugins), your use is subject to the applicable third-party licences.
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed
during the engagement, except where disclosure is required by law or to professional
advisors bound by confidentiality obligations.
This obligation survives termination of our agreement for a period of 3 years.
7. Data Protection and Privacy
Our collection and use of personal data is governed by our Privacy Policy and the UK General
Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Where we process personal data on your behalf as a data processor, we will enter into a
Data Processing Agreement (DPA) in accordance with Article 28 UK GDPR.
8. Warranties and Disclaimers
We warrant that our Services will be performed with reasonable skill and care in accordance
with industry standards.
We do not warrant that the results of our Services will meet your specific business objectives
or that any marketing campaign will achieve a specific return on investment.
To the fullest extent permitted by law, all other warranties, conditions, or terms implied by
statute or common law are excluded.
9. Limitation of Liability
Cap on Liability: Our total liability to you in contract, tort (including negligence), or otherwise
arising in connection with our Services or these Terms shall be limited to the total amount
paid by you for the Services giving rise to the liability.
Exclusion of Consequential Loss: We shall not be liable for any indirect, incidental, special,
consequential, or punitive damages, including but not limited to loss of profits, revenue,
data, or goodwill.
Nothing in these Terms excludes or limits our liability for: death or personal injury caused by
our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be
excluded under applicable law.
10. Termination
Either party may terminate a project engagement by giving 30 days’ written notice.
We may terminate immediately if you fail to make payment when due, breach these Terms,
or become insolvent.
Upon termination, you will pay for all Services performed and expenses incurred up to the
termination date.
Provisions that by their nature should survive termination (including intellectual property,
confidentiality, and limitation of liability) shall survive.
11. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations where such
failure or delay results from events beyond that party’s reasonable control, including but not
limited to acts of God, epidemic or pandemic, war, terrorism, strikes, lockouts, accidents,
fire, flood, or failure of telecommunications or internet services.
12. Subcontracting
We reserve the right to engage subcontractors, freelancers, or third-party specialists to assist
in delivering the Services, provided that we remain responsible for the quality and timely
delivery of the work.
13. Complaints and Dispute Resolution
If you have a complaint about our Services, please contact us in writing at [insert email]
detailing the nature of your complaint.
We will aim to respond within 10 business days and work with you to resolve the matter in
good faith.
If we cannot resolve the dispute informally, the parties agree to attempt mediation before
pursuing litigation.
14. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of England and
Wales.
Any dispute arising under or in connection with these Terms shall be subject to the exclusive
jurisdiction of the courts of England and Wales.
15. Amendments
We may update these Terms from time to time. The current version will always be posted on
our Site with the “Last Updated” date. Your continued use of the Site or Services after any
changes constitutes acceptance of the revised Terms.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall
be limited or eliminated to the minimum extent necessary so that these Terms shall
otherwise remain in full force and effect.
17. Entire Agreement
These Terms, together with any SOW, proposal, or DPA, constitute the entire agreement
between you and Beyond Abilities regarding the subject matter herein and supersede all
prior agreements, understandings, and representations.
If you have any questions about these Terms and Conditions.
Contact Information
Beyond Abilities
Website: https://beyondabilities.co.uk
Email: info@beyondabilities.co.uk
