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Brighter Applications Ltd (also trading as Goxhill IT) - General Terms of Service
Effective Date: October 2025 (Last Updated: October 2025)
1. Introduction / The Agreement
1.1. These General Terms of Service ("Terms") form a legally binding agreement between You, the client ("Client", "You", "Your"), and Brighter Applications Ltd (Company No: 14776084), whose registered office is at Arkle House, Chapel Street, Goxhill, Barrow-Upon-Humber, North Lincolnshire, DN19 7JJ ("Company", "We", "Us", "Our"). Goxhill IT is a local trading name of Brighter Applications Ltd.
1.2. By purchasing any service from Us, accepting a quotation provided by Us (including via the BrappsCRM™ platform), or otherwise engaging Our services, You agree to be bound by these Terms.
1.3. These Terms apply in conjunction with the BrappsCRM™ Platform Terms of Use (if You use the platform) and Our Privacy & Cookie Policy.
2. Definitions
- Client: The individual, company, or entity purchasing services from the Company.
- Company: Brighter Applications Ltd (Company No: 14776084), including its trading name Goxhill IT.
- Services: Any work undertaken by the Company for the Client, including but not limited to Website Packages, Migration Packages, Redesign Services, Secure Domain Parking, Domain Registration assistance, Consultancy, and Bespoke Development.
- Deliverables: The final outputs of the Services provided to the Client (e.g., website code, design files, reports).
- BrappsCRM™ Platform: The Company's proprietary online portal used for project management, communication, and billing.
- Account Owner: As defined in the BrappsCRM™ Platform Terms of Use, the individual ultimately responsible for agreements made via the Platform.
- Fees: The charges payable by the Client for the Services.
3. Quotations & Orders
3.1. Quotations for Services are typically issued via the BrappsCRM™ Platform or in writing and are valid for 30 days, unless otherwise specified.
3.2. Acceptance of a quotation by the Client (including acceptance via the BrappsCRM™ Platform by an Account Owner or Authorised User) constitutes a binding agreement for the specified Services under these Terms.
3.3. The Account Owner holds ultimate legal and financial responsibility for all quotations accepted and orders placed via their BrappsCRM™ Account.
4. Service Specific Terms
4.1. The specific scope, features, limitations, and deliverables for each Service are primarily described on the relevant pages of the Goxhill IT website www.goxhillit.uk or within specific quotations provided to You. Key terms include:
- a) Website Packages (New Builds): Scope, features, included images, page limits, and reporting frequency are as described on the Goxhill IT Pricing page at the time of purchase. Hosting includes the first 12 months on Our AWS infrastructure and standard maintenance; thereafter, hosting renews annually at the rates specified (£99.99/year for LaunchPad, £149.99/year for Business Growth, £199.99/year for Custom Pro, subject to change upon reasonable notice). Stock imagery licenses are limited as specified (e.g., "Web Use Only" or licensable at additional cost). Domain inclusion is subject to the terms in Section 5. We do not offer stand-alone website hosting packages separate from Our build, migration, or parking services, ensuring a premium, managed, high-performance environment for Our clients.
- b) Migration Packages: Scope and eligibility criteria (file size, database size, page count, technology stack, email accounts) are as described on the Goxhill IT Pricing page. Fees include a one-time migration charge and subsequent specified annual hosting and management fees. Large or complex migrations require a custom quotation.
- c) Site Appraisal Report: Scope and criteria are as described on the Goxhill IT Pricing page. This is a consulting service providing recommendations, not a final implementation.
- d) Strategy & Prototyping Blueprint: Scope and criteria are as described on the Goxhill IT Pricing page. This is a full-service consultancy and prototyping package. This service does not include final build/code.
- e) Redesign In-Place Packages: Scope and criteria are as described on the Goxhill IT Pricing page. This service requires the Client to retain their existing hosting provider. Our support capabilities may be limited by the constraints of the Client's hosting environment. A mandatory credit link ("Design by Goxhill.IT" or "Brighter Applications Ltd") must be maintained in the website footer. Removal may constitute a breach of agreement.
- f) Secure Domain Parking Service: Scope, inclusions (1-year standard domain registration, SSL, branded holding page, BrappsCRM™ access, self-service text updates), and content limits are as described on the Goxhill IT website. Fees include the specified annual charge (£75+VAT), plus optional add-ons (Image change £50+VAT, OG Image £25+VAT). This service is explicitly not general website hosting.
- g) Domain Registration Services: See Section 5 below.
- h) Consultancy Services: This includes bespoke engagements, such as our "Bespoke Architecture & Implementation" service. Engagements are governed by separate service agreements detailing scope, deliverables, rates (hourly/daily/project), and specific payment terms.
5. Domain Name Services
5.1. Ownership & Agency: Domains purchased or included with a package are registered by Us, acting as an official domain broker (using ENOM or other registrars), directly in the Client's legal name and contact details. The Client is the legal owner.
5.2. Domain Privacy/Anonymity: Standard domain registrations publicly display owner contact details (WHOIS data). If You require privacy or wish to anonymise these public details, please contact Us *before* registration to discuss available options, such as using Our details for administrative contacts where permissible by registry rules. Additional fees may apply for certain privacy services.
5.3. "Free" Domain Inclusion: Website packages indicating a "free" domain include the cost of registering one available, non-premium domain name with a standard TLD (e.g., .co.uk, .uk, .com, .org) for its first year, up to a maximum value equivalent to the standard first-year registration fee (approx. £25). If Our domain availability checker indicates a domain is included 'free' during sign-up, that typically applies unless it falls under an exclusion.
5.4. Exclusions from "Free" Offer: This offer applies only to domain names currently unregistered and available at the standard registration fee. It explicitly excludes:
- a) Domains classified as "Premium," "Platinum," or requiring Early Access Program (EAP) fees by the registry.
- b) Domains already registered by a third party (resale/aftermarket domains).
- c) Domains requiring "Resurrection" or redemption fees due to lapsed registration.
5.5. High-Value & Non-Standard Domains: If the domain You desire falls into any excluded categories, Our system will indicate this, and/or We will notify You of the additional costs before proceeding. As experienced domain brokers, We can assist with acquisition or resurrection via a separate agreement, but these are excluded from the "free" offer.
5.6. Availability: Domain registration is subject to real-time availability via the registrar API. A successful search or quotation does not guarantee registration until the purchase process is fully completed and confirmed.
5.7. Renewals: Annual domain name renewal fees are separate from hosting fees and are the Client's responsibility. We offer managed renewal services via BrappsCRM™ at our standard client rates, but the underlying registrar fee applies and is subject to change. Failure to renew may result in loss of the domain.
5.8. No Standalone Registration (Public): We do not offer stand-alone domain registration to the general public. Domains are only registered through Us as part of a Website Package or the Secure Domain Parking service. Existing clients may register additional domains via their BrappsCRM™ portal at Our standard client rates.
6. Payment Terms
6.1. Payee & Currency: All quotations are issued by, and all invoices are payable directly to Brighter Applications Ltd (VAT Registration No: 491 6655 56). Goxhill IT is a trading name. Payments made to any other entity are not valid. All payments are processed in British Pounds Sterling (GBP £). Any payments made in a foreign currency, must equal the invoiced amount in GBP following conversion and fee losses.
6.2. VAT: Unless explicitly stated otherwise, all prices displayed are inclusive of VAT at the current UK rate.
6.3. Accepted Methods:
- a) Direct Bank Transfer: To Brighter Applications Ltd HSBC (Sort Code: 40-43-31, Account No: 94008871), using invoice number as reference.
- b) Stripe Payment Gateway: Accepting bank transfers, major credit/debit cards, Apple Pay, Google Pay.
- c) Klarna:Available for eligible higher-value services (e.g., "Custom Pro" or "Strategy & Prototyping Blueprint"), subject to Klarna's terms/approval.
- d) Secure Payment Links: Provided via BrappsCRM™ for bespoke invoices or add-ons.
6.4. Payment Schedules:
- a) Standard Packages: Typically due upfront via website checkout.
- b) Recurring Billing (Hosting/Domain Renewals): Automated via Direct Debit/card payment set up securely in Stripe via BrappsCRM™. Invoices are issued 30 days in advance of the due date.
- c) Milestone Payments (Large Projects): As agreed in the specific contract/Statement of Work. Payment of invoices is due within 14 days of issuance upon milestone completion. Brighter Applications Ltd reserves the right to halt further works until payment is received.
- d) Consultancy Services: As per the separate service agreement.
- e) Secure Domain Parking: Due annually in advance.
6.5. Late Payments: Invoices are due within 30 days of the invoice date unless otherwise specified. We reserve the right to suspend services (including website hosting and account access) for overdue accounts. Interest will be charged on overdue amounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at 8% plus the Bank of England base rate. Continued non-payment may result in account termination and referral to a debt collection agency.
7. Cancellation Rights & Waivers (Distance Selling)
7.1. You acknowledge your standard 14-day right to cancel applicable services under UK Consumer Contracts Regulations 2013 for distance contracts.
7.2. Waiver for Immediate Commencement: For services involving immediate, non-refundable third-party costs (e.g., Domain Registration, Secure Domain Parking) or where You request work to begin immediately, You will be required to explicitly waive your 14-day cancellation right via an optional checkbox during the order process. Ticking this box allows Us to commence service provision or incur costs immediately.
7.3. Consequences of Not Waiving: If You do not waive this right, service commencement (including domain purchase and any project work) will be delayed until the 14-day cancellation period has expired. During this delay, your desired domain will still be available to register for third parties.
7.4. Refunds After Waiver: If You waive your right and service commences or costs are incurred, any subsequent cancellation request is at Our discretion. Refunds, if granted, will be processed minus non-recoverable costs (e.g., domain registration fees, SSL certificate costs, third-party license fees) and costs related to billable hours already worked on Your project.
8. Intellectual Property (Deliverables)
8.1. Bespoke Work: For custom website/design projects not utilising Our proprietary SaaS platforms, You own the intellectual property rights to the final, unique deliverables **upon full and final payment**.
8.2. SaaS Usage: Use of BrappsCRM™ or other Company SaaS platforms is governed by the BrappsCRM™ Platform Terms of Use and constitutes a license, not transfer of ownership (See Platform Terms of Use: Platform Terms).
8.3. Portfolio Rights: We retain the right to display completed work in Our portfolio and marketing materials, unless otherwise agreed in writing beforehand.
9. Client Responsibilities
9.1. You agree to provide timely access to necessary platforms, information, materials (logos, text, images, database access etc.), existing codebases (for migrations/redesigns), and personnel required for Us to perform the Services. Delays caused by the Client may impact project timelines and potentially incur additional costs.
9.2. You are responsible for reviewing work, providing necessary feedback, and granting approvals promptly according to the agreed project schedule.
9.3. For "Redesign In-Place" services (or any "Strategy" service where You retain Your existing hosting), You are responsible for maintaining Your own hosting account, ensuring its compatibility (as advised by Us), providing necessary access, and managing backups unless otherwise agreed.
9.4. Content Compliance & Indemnity: You represent and warrant that all content provided by You or directed by You for use in the Services complies with the Acceptable Use Policy (Section 10), is accurate, current, and does not infringe any third-party rights. You agree to indemnify and hold harmless Brighter Applications Ltd against any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from non-compliant, inaccurate, or infringing content provided or directed by You.
10. Acceptable Use Policy (Services & Hosted Content)
You agree not to use any Services provided by Us, nor any website, application, or content hosted by Us on Your behalf, for any purpose, nor to upload, host, display, promote, or link to any content, that:
- Violates Laws: Violates any applicable UK or international law or regulation.
- Is Fraudulent or Harmful: Is fraudulent, facilitates harmful activities, promotes illegal acts, or infringes rights.
- Abuses Resources: Involves spam, DDoS attacks, malware distribution, security bypass attempts, or unreasonable infrastructure load.
- Infringes Rights: Infringes intellectual property, privacy, publicity, or other third-party rights.
- Contains Prohibited Material: Is or promotes:
- Pornographic, obscene, excessively violent material;
- Illegal gambling;
- Content harmful to minors;
- Defamatory, harassing, or hateful content;
- Content restricted under UK law or violating AWS/Stripe policies.
- Circumvents Age Verification: Facilitates activities requiring age verification unless explicitly agreed and implemented by Us (subject to feasibility, cost, and Your compliance).
Enforcement: We reserve the right to investigate violations and may suspend/terminate Services, remove content, or report to authorities without notice if a violation occurs or is imminent.
11. Warranties, Disclaimers & Professional Standards
11.1. Service Warranty: We warrant Services will be performed with reasonable care and skill. For bespoke website builds hosted by Us, We provide a 90-day warranty from "go-live" to correct material defects ("bugs") in Our delivered code preventing function according to the specification, free of charge. Exclusions: (i) Client/third-party modifications; (ii) third-party software not implemented by Us; (iii) Client's hosting issues (for "Redesign In-Place" services or other services where You retain Your existing hosting); (iv) issues from Client's failure to provide compatible content/info.
11.2. Intellectual Property Warranty: We warrant that, to Our knowledge, bespoke elements created solely by Us do not infringe UK intellectual property rights. Excludes client-provided materials.
11.3. Disclaimers: EXCEPT AS STATED ABOVE, SERVICES/DELIVERABLES ARE PROVIDED "AS IS". WE DISCLAIM ALL OTHER WARRANTIES (IMPLIED MERCHANTABILITY, FITNESS FOR PURPOSE, ETC.). WE DO NOT GUARANTEE BUSINESS RESULTS, RANKINGS, TRAFFIC, OR CONVERSIONS. WE ARE NOT RESPONSIBLE FOR THIRD-PARTY HOSTING (REDESIGN IN-PLACE SERVICES OR OTHER SERVICES WHERE YOU RETAIN YOUR EXISTING HOSTING) OR OTHER THIRD-PARTY SERVICES.
11.4. Professional Standards: Brighter Applications Ltd maintains Professional Indemnity insurance (£1M per claim) and Public & Products Liability insurance (£1M per claim). This does not alter liability limits in Section 12.
12. Limitation of Liability
12.1. Exclusion of Indirect/Consequential Damages: Brighter Applications Ltd is not liable for indirect, consequential, special, or punitive damages, including (but not limited to) loss of profits, business, revenue, data, goodwill, or business interruption, even if advised of the possibility.
12.2. Financial Cap: Subject to Clause 12.3, the Company's total aggregate liability to the Client for all claims arising out of or related to this Agreement or the specific Services in any 12-month period shall not exceed 100% of the Fees paid by the Client to the Company for the specific Service giving rise to the claim in the 12 months preceding the event giving rise to the claim.
12.3. Uncapped Liabilities: Nothing in this Agreement limits or excludes liability for:
- a) Death or personal injury caused by Our negligence.
- b) Fraud or fraudulent misrepresentation.
- c) Any other liability which cannot be legally excluded.
12.4. Client Content Disclaimer: We are not liable for issues arising from content provided by the Client (ref. Section 9).
13. Termination (Service Agreements)
13.1. Either party may terminate ongoing service agreements (e.g., hosting, support) by providing 30 days written notice prior to the next renewal date.
13.2. We may terminate or suspend Services immediately for material breach of these Terms (including non-payment or AUP violation).
13.3. Upon termination (other than for Client breach), We will reasonably cooperate with handover of Client-owned data/files, subject to final payment clearance.
14. Privacy Policy
All personal data is handled according to Our Goxhill IT Privacy & Cookie Policy.
15. Changes to Terms
We reserve the right to modify these General Terms of Service. We will notify You of significant changes via BrappsCRM™ or email. Updated Terms will be posted on the Goxhill IT website. Continued engagement after notification constitutes acceptance.
Last Updated: October 2025.
16. Governing Law
These Terms are governed by the laws of England and Wales. Disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17. Contact Information
For questions regarding these General Terms of Service, billing, or specific services, please use the contact methods on the Goxhill IT website or via your BrappsCRM™ account.
Registered Address:
Brighter Applications LtdArkle House, Chapel Street
Goxhill, Barrow-Upon-Humber
North Lincolnshire DN19 7JJ
United Kingdom