The Legal Bit

We last updated these Terms on: 18th February 2025

These terms are between Avapond (“we”, “us” or “agency”).

• Company number: 124 869 99.
• Address: Ground Floor, 13 Cable Court Pittman Way, Fulwood, Preston, England, PR2 9YW.

And you: (“you”, “customer” or “client”).

 

1. Drawing the lines

These terms define how you can use our goods and services. We’ll do our best to make sure the language is in plain English, so there’s no confusion.

1.1 What’s the jurisdiction?

As we’re a UK-based company, you agree to settle any disputes through the UK legal system. If any part of these terms is unlawful, void or impossible to enforce under English contract law – that section alone gets ignored. Everything else still stands.

1.2 You choose whether to use our work

We give advice and content, but the final decision to act on that advice, or use that content, lies with you. We aren’t liable to you – or any third party – for any damages, including lost profits, complaints, claims or litigation.

All advice and content that we give you will be factually correct – to the best of our ability. And it’ll never infringe on anyone else’s copyright.

1.3 We aren’t lawyers or accountants

Any advice we give is based on how we think people will react to your brand. It’s about your reputation. It’s not legal or financial advice.

 

2. What do we both agree to do?

As the client, you agree that:

• You can hire us on behalf of your company.
• You’ll give us the materials we need to do the project, in a reasonable time.
• You’ll review the work, give feedback and sign off by the deadlines we’ve agreed.
• You’ll stick to any payment schedule we’ve agreed.

 

And, as the agency, we agree that:

• We have the experience and ability to perform the services you need.
• We’ll deliver the work by the deadlines.
• We’ll respect the confidentiality of any information you give us. (More details on that later.)

 

3. How do we deal with changes?

We’ll take any feedback you give us to make changes to our work. After two rounds of feedback, we reserve the right to charge extra fees.

This applies until you’ve signed off the work, publish it or begin using it. After that, any changes or updates will always be a separate job.

3.1 There are exceptions

We want to make sure you’re happy with the work we give you. But if it was something outside our control, we’ll have to charge extra.

So if the changes you want are outside the scope of the work, such as adding new information or the overall structure changes, we’ll need to charge more.

 

4. Who has the copyright?

Once you’ve paid the invoice, we automatically hand the copyright over to you. Until you pay, we’ll give you temporary permission to use the copy – unless there’s a dispute in the payment.

This is to protect us. If you don’t like the work – and decide not to pay – then we’ll revoke the permission.

4.1 We can talk about working with you

We reserve the right to show snippets of the work we’ve done with you and talk about it.

 

5. Handling deadlines

If you don’t send materials, give feedback on time or don’t respond to our questions – we’ll need to push back the deadline.

We’ll try to make sure there’s always somebody on our end to pick up the slack. But sometimes there are family emergencies, illnesses, floods or wars in the world. If anything outside our control affects the deadline, we’ll let you know as soon as we can.

 

6. Making payments

We’ll invoice you at the end of each month. And you agree to pay within 31 days. If you don’t, we will add a 10% late fee. If we don’t get any feedback or comments within two weeks of sending a document to you, we’ll assume that you’re happy with the work and invoice you for it.

If you cancel a training session within two weeks of the date, we’ll need to charge you for half the amount.

We’re VAT registered. All our prices are excluding VAT. If your business is outside the UK, you might not need to pay UK VAT. However, it’s your responsibility to tell us if you have a UK subsidiary.

 

7. Keeping your secrets

While we’ll obviously never share anything you’ve told us in confidence, we occasionally use contractors and freelance writers. In these cases, we might need to share certain information to make sure they can do their jobs. We work on a four-tier system of confidentiality:

• Public. This is information that anybody can know about. Largely the stuff you actively want to tell people.
• Confidential. This is information that should stay internal. We’ll never share this with anybody outside our agency, except for freelancers or contractors that need to know it to do their work.
• Secret. This is information that you’d rather didn’t go much further. We will never share this with anybody outside our agency. If a freelancer or contractor needs to know about it, we’ll ask you first.
• Top secret. This is information that shouldn’t be shared, even around our own agency. If you tell any of our staff something that’s Top Secret, they won’t share that information with anybody else in the agency. (The only exceptions are our directors.)

We assume everything you tell us is confidential, unless you tell us otherwise. (Or unless it’s obvious that it’s public information already.)

Before you tell us something Top Secret, check with our directors. We want to make sure there’s not a conflict of interest, first.

7.1 Why four tiers?

It helps stop conflicts of interest. It’s not practical to tell you about every client we might have. And we might work with one of your competitors. This creates a wall between our staff and stops them from accidentally leaking information.

 

8. What happens if our terms change?

Things change, so we may update these terms at any time.

 

9. Using our digital products

When you buy a digital product from us, we’re granting you a licence to use the product. You’re agreeing to the terms in this section and to give us accurate information about yourself.

We aren’t giving you the copyright. All our digital products are protected by UK copyright law.

9.1 What does the licence include?

We allow you to:

• Use the product across the world
• Download the product at least three times
• Share the product with your employees or staff, if you’re a business
• Print the product for you or your staff

 

We don’t allow you to:

 

• Redistribute, resell, or repackage the product to anyone else
• Share any part of the product with anyone outside your business
• Transfer ownership of the product to another business
• Use the product for illegal, unethical or fraudulent reasons

9.2 What if you break these rules?

You’ll repay us for all lost sales that come as a direct result of you breaking these rules.

9.3 How do we deliver the product?

You’ll be able to download the product immediately after you’ve paid. If you have any problems, email help@avapond.com with your receipt.

9.4 How do we deal with refunds?

Because of the nature of the product, we don’t offer refunds unless the law requires it.

9.5 How long does this licence last?

Indefinitely. However, we reserve the right to stop your access to the product if you break these terms.

If we want to stop offering the product for any reason, we’ll give you four weeks’ notice, so you have a chance to download the product one last time. After that, it won’t be available.

9.6 What if we update it?

We might update the product. But we don’t guarantee it.

9.7 We’re not liable

We don’t guarantee any results from using the product and don’t take responsibility for how you use the product. We’re also not responsible for any issues that third-party platforms might cause.

 

10. How can you get in touch with us?

If you have any questions, you can reach us at hello@avapond.com, or call us on 07775 696293.