STANDARD TERMS OF BUSINESS
Last updated: 26 October 2026
1. Interpretation
1.1 The definitions and rules of interpretation in this clause apply to these Terms.
Contract: the contract between you and us for the supply of Services, made up of these Terms, your Order and any Variation.
Confidential Information: information in any form that a party discloses to the other in connection with the Services and that is marked confidential or that a reasonable person would understand to be confidential, including business, technical, financial and customer information. It does not include information described in clause 7.2.
Deliverables: the specific documents, products and materials we develop for you and supply to you under your Order as part of the Services. Deliverables do not include our pre-existing materials, methods, frameworks, templates, tools, know-how or other materials we use across clients, unless your Order expressly includes them.
Fixed Term: a fixed minimum period for which you agree to receive and pay for the Services. Your Order must state the length of any Fixed Term or state that there is no Fixed Term. References to periods such as 6 or 12 months are examples only.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
Monthly Period: each period of one month for billing and payment. The first Monthly Period starts on the Start Date. Each later Monthly Period starts on the same day of the following month (the monthly anniversary of the Start Date). If that month has no such day, that Monthly Period starts on the last day of that month. Each Monthly Period ends at the end of the day before the next Monthly Period starts. For example, a Start Date of 6 February gives a Monthly Period from 6 February to 5 March; a Start Date of 31 July gives a Monthly Period from 31 July to 30 August.
Order: your order for the Services, whether placed through our website, by payment link, by invoice or by email. Your Order must identify you by your correct legal name (and, if you are a company, your company number where reasonably available). Your Order must also set out the Services (and any key deliverables), the fees, how and when they are paid, the Start Date, any timescales and either the length of any Fixed Term or that there is no Fixed Term. An Order is not complete until those details are recorded. Where your Order refers to a website description of the Services, we will keep a dated copy of that description with the Order.
Services: the services set out in your Order (as changed by any Variation). Where your Order refers to a description of those services on our website, that website description as it stood at the time you placed your Order also forms part of the Services, but only to the extent it is consistent with your Order. If they conflict, your Order takes priority. We will keep a dated copy of any website description that forms part of the Services.
Start Date: the date the Services start, as set out in your Order. If your Order does not state a Start Date, and we start the Services only after your first payment has cleared, the Start Date is the date we first start providing the Services after that payment. If we agree to start any Services before payment, the Start Date must be stated in your Order.
Terms: the terms and conditions set out in this document.
Variation: a change to or addition to the Order that both of us have expressly agreed in writing (including by email). An email forms part of the Contract only if it is a Variation.
writing or written: includes email.
Working Day: a day other than a Saturday, Sunday or public holiday in England and Wales.
we, us or our: CK and Jones Ltd, a company incorporated in England and Wales with company number 06557580, whose registered office is at 5 Barn Close, Albourne, Hassocks, West Sussex BN6 9DG.
you or your: the person, business or organisation that buys the Services from us.
1.2 The headings do not affect the interpretation of these Terms.
1.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.4 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
2. Basis of Agreement
2.1 The Contract constitutes the entire agreement between you and us. If there is any conflict between these Terms and your Order or any Variation, your Order or that Variation will take priority on the Services, fees, payment terms, timescales, Start Date and any Fixed Term, and these Terms will take priority on everything else. If your Order and a Variation conflict, the later Variation takes priority on those points. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in the Contract. Nothing in this clause limits or excludes liability for fraud.
2.2 The Contract is formed when we have an agreed, complete Order, we have accepted that Order, and you have accepted these Terms.
For an Order made other than through our online checkout, we accept the Order by confirming our acceptance in writing, including by email. An acknowledgement that we have received the Order is not acceptance. You may accept these Terms by (a) signing them after we have sent them to you or provided a link, or (b) paying our first invoice or deposit after we have sent them to you or provided a link. The Contract is formed when both the Order and these Terms have been accepted.
For an Order placed through our online checkout, you accept these Terms by ticking the box confirming that you agree to them and placing the Order. We accept that Order, and the Contract is formed, when your payment is successfully processed. If payment is not successfully processed, no Contract is formed through the online checkout.
We will send or link these Terms to you before you accept them, and keep a record of the version sent or linked and how you accepted. We will not start work until the Contract is formed and any upfront payment specified in your Order has cleared.
2.3 These Terms take precedence over any other terms and conditions (including your own terms of business) and any course of dealing or industry practice. That does not change clause 2.1: your Order or any Variation still takes priority over these Terms on the Services, fees, payment terms, timescales, Start Date and any Fixed Term.
2.4 Where you have agreed a Fixed Term with us: (a) neither of us may end the Contract before the end of the Fixed Term, except under clause 10.2 or 10.3, and the fees for the whole Fixed Term remain payable unless you end the Contract under clause 10.2 (how those fees are calculated and when they fall due is set out in your Order or any Variation and in clause 5; what happens if we end the Contract under clause 10.3 is set out in clause 11); (b) the Contract will not renew automatically for a further Fixed Term, and any new Fixed Term, including its price, will be agreed between us in writing before it starts; and (c) if you would like to continue after the end of the Fixed Term without agreeing a new Fixed Term, you may tell us in writing before the Fixed Term ends that you wish to continue on a rolling monthly basis. Before that rolling arrangement starts, we will tell you in writing the specific monthly price that will apply, and the rolling arrangement will only start if you confirm that price in writing. The Contract will then continue from month to month at that confirmed monthly price until either of us terminates it on 30 days’ written notice under clause 10.1. If neither (b) nor (c) applies, the Contract will end at the end of the Fixed Term. There is no continuation by default.
2.5 You confirm that you are buying the Services for the purposes of your existing trade, business or profession. This clause records the intended business arrangement between us. It does not by itself decide whether you are a consumer under the law. If you are buying wholly or mainly outside your trade, business, craft or profession, different consumer terms may apply, and you should tell us before you place your Order.
3. The Services
3.1 We shall provide the Services with all due care, skill and ability. We shall use reasonable endeavours to meet any timescales set out in your Order or any Variation. Any dates are estimates only and are not guaranteed. A failure to meet an estimated date does not, by itself, give you a right to cancel the Contract or claim compensation, but this clause does not exclude any liability for breach of our obligations under the Contract or any right that cannot legally be excluded.
3.2 We shall provide the Services described in your Order, as changed by any Variation. Unless your Order or any Variation says otherwise, the Services do not include paid advertising, photography or videography, website builds or hosting, fees charged by third-party platforms or tools, or legal, regulatory or financial advice. Fees charged by third-party platforms or tools are outside our agreed fee and are payable by you directly to the relevant provider, unless your Order or any Variation says we will pay them and recharge them to you. We will not incur any such third-party fee on your behalf without your prior written approval. Any work outside the agreed scope will be treated as additional work, which we will price separately and agree with you in writing as a Variation before we start.
3.3 Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations in our catalogues or brochures, are for illustration purposes only and do not form part of the Contract, except to the extent expressly included in your Order or a Variation. Any description of the Services on our website forms part of the Contract only as set out in clause 1.1. Nothing in this clause 3 excludes any right that cannot legally be excluded.
4. Your Obligations
4.1 You shall:
(a) review the Order before you accept it and tell us promptly about any error or omission you notice in it;
(b) co-operate with us in all matters relating to the Services;
(c) provide us, our employees, agents, consultants and subcontractors with access to your premises, office accommodation, systems, accounts and other facilities only to the extent reasonably needed to provide the Services and as agreed with you. Where access to systems or accounts is needed, you will give that access through individual permissions where reasonably practicable, rather than shared passwords;
(d) provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(e) obtain and maintain all licences, permissions and consents that you need to provide in connection with the Services before the Services start, for example permissions relating to your premises, materials or business (this does not make you responsible for licences or permissions that we must obtain to run our own business);
(f) review content we prepare for you before it is published, check its factual accuracy and tell us about any requirements that apply specifically to your business. You are responsible for the accuracy of information and claims you provide to us. Your review or approval does not remove any responsibility we have under the Contract or applicable law. We do not provide legal, regulatory or financial advice; and
(g) respond to requests for approval within 2 Working Days. We shall not publish content until you have expressly approved the relevant version in writing, including by email or WhatsApp.
4.2 If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Customer Default), including any failure to provide information, materials, access or approvals we reasonably need, then any affected timescales will be extended by a reasonable period to reflect that delay, and:
(a) without limiting or affecting any other right or remedy available to us, we shall have the right to suspend performance of the Services until you remedy the Customer Default, and we shall be relieved from the performance of any of our obligations (in each case to the extent the Customer Default prevents or delays our performance of any of our obligations);
(b) we shall not be liable for costs or losses you sustain to the extent they are caused by the Customer Default; and
(c) you shall reimburse us for reasonable, evidenced additional costs directly incurred as a result of the Customer Default, to the extent those costs could not reasonably have been avoided.
5. Fees and Booking
5.1 The charges for the Services are as set out in your Order or any Variation. Your Order or any Variation will confirm whether the Services are charged at a fixed price, a monthly fee or on a time-and-materials basis.
5.2 Where the Services are provided for a fixed price, the total price for the Services shall be the amount set out in your Order or any Variation.
5.3 For Services where fees are payable in one single payment, we will invoice you for the fixed price in advance.
5.4 Where the fees are to be made by a deposit, stage payments or retainers we will invoice you for the deposit in advance and for each stage payment or retainer at the time or at the stage of the project specified in your Order or any Variation. Where the Services are provided on a monthly basis, the monthly fee is payable in advance, before the start of each Monthly Period. Payment may be taken by standing order or by subscription through our website. If you do not pay by standing order or subscription, we will invoice you for your first payment when you place your Order and then at least 7 days before the start of each following Monthly Period, and you must pay each such invoice in full and in cleared funds before the Monthly Period to which it relates starts. Where you pay by standing order or subscription, you expressly authorise us to take the recurring payments described in your Order or at checkout (the amount or how it is calculated, the payment frequency and the payment dates). That authorisation applies only to those payments. It is your responsibility to keep your payment details up to date and to make sure that funds are available. Cancelling a standing order or subscription does not terminate the Contract, which may only be terminated in accordance with these Terms. Your monthly fee will stay the same for as long as your Contract continues. If you move from a Fixed Term to a rolling monthly basis under clause 2.4(c), your monthly fee will change to the monthly price confirmed with you in writing under that clause, and will then stay the same. We will not start work until your first payment has cleared.
5.5 Where, before we start the work, we have agreed with you in writing as a Variation the scope of the work, our hourly or daily rate and an estimate of the time or cost involved, and that the Services will be provided on a time-and-materials basis:
(a) the charges payable for the Services shall be calculated at the hourly or daily rate agreed with you;
(b) daily fee rates are calculated on the basis of an eight-hour Working Day between 8.00 am and 5.00 pm, excluding a one-hour unpaid break (so eight billable hours);
(c) we shall be entitled to charge at an overtime rate, agreed with you in writing in advance, for time worked outside the hours referred to in clause 5.5(b) above; and
(d) we will invoice you monthly in arrears unless we have agreed in writing otherwise.
An estimate under this clause 5.5 is not a fixed-price cap. If it becomes likely that the work will go over the estimate, we will tell you before continuing. We will not carry out work beyond the agreed estimate unless you approve the additional work and revised estimate in writing. If we do not agree how to proceed, we may pause the affected work, and the timescales will be adjusted accordingly.
5.6 We are not currently registered for VAT, so no VAT is charged on our fees. If VAT becomes legally chargeable on our fees, we will add VAT at the applicable rate and notify you as soon as reasonably practicable. Any notice we give about VAT does not postpone or change when VAT is legally payable.
5.7 You must pay each invoice in full and in cleared funds by the payment method and by the due date stated on it. An invoice for a payment due in advance must be paid before the Services or Monthly Period it relates to begins. For other invoices, if no earlier due date is stated, you must pay within 7 days of the invoice date.
5.8 Without prejudice to any other right or remedy, if you fail to pay any sum due under the Contract by its due date (as set out in clauses 5.4 and 5.7), we may:
(a) charge interest on the sum due from the due date for payment at the annual rate of 4% above the Bank of England base rate from time to time. If that rate changes, the new rate applies from the date of the change. Interest accrues on a daily basis and is compounded quarterly until payment is made (whether before or after any court judgment), and you shall pay the interest immediately on our demand. This contractual interest is in addition to any statutory late-payment interest or fixed late-payment sum that may apply to a business-to-business Contract; and
(b) suspend all Services until payment has been made in full.
5.9 All fees and charges are stated exclusive of expenses. We will only incur expenses with your prior written consent. You will reimburse us at cost for reasonable, evidenced expenses that you have approved in writing, such as training venues, hotels, subsistence, travelling, stationery, materials and postage reasonably incurred by us in providing the Services. We may invoice approved expenses separately from our fees. Expense invoices are payable on the same basis as clause 5.7.
6. Other activities
Nothing in these Terms prevents us from carrying on or being involved in any other business, provided that doing so does not cause us to breach our obligations under these Terms, including our obligations relating to confidential information.
7. Confidential information and our materials
7.1 Each party shall keep confidential the other party’s Confidential Information and shall use it only as necessary to perform or receive the Services. A party may disclose that Confidential Information only to its employees, professional advisers, agents or subcontractors who need it for that purpose and are subject to confidentiality obligations, or where disclosure is authorised by the other party or required by law.
7.2 These obligations do not apply to information that is public other than through a breach of these Terms, was lawfully known to the receiving party before disclosure, or is independently developed without using the other party’s Confidential Information.
7.3 Where disclosure is required by law, the disclosing party shall, where legally permitted, give the other party notice before making the disclosure.
7.4 The obligations in clauses 7.1 to 7.3 continue after the Contract ends.
7.5 All materials, equipment, drawings, specifications and data that we supply to you for the Services, and that we own or are entitled to treat as our property, remain our property. This clause does not transfer to us any ownership of information, materials or personal data that belong to you or to a third party. You shall keep our materials safe and in good condition, use them only as authorised for the Services, and return them to us on request or when the Contract ends.
8. Data protection
8.1 We collect and process your personal data in accordance with our Privacy Notice, available at https://www.ckandjones.co.uk/privacy-policy. Where, in providing the Services, we process personal data on your behalf as a processor, that processing is governed by a separate data processing agreement between us. This clause does not itself set out the terms governing that processing.
9. Intellectual property
9.1 We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Services and in any materials we provide as part of the Services (other than materials or content you provide to us, and other than any third-party materials licensed under clause 9.4). Nothing in these Terms or otherwise transfers ownership of those Intellectual Property Rights to you.
9.2 Subject to clause 9.4 and to full payment of the fees due for the relevant Deliverables, we grant to you, or shall procure the direct grant to you of, a fully paid-up, worldwide, non-exclusive, royalty-free, perpetual and irrevocable licence to copy and modify the Deliverables (excluding materials provided by you) for the purpose of receiving and using the Services and the Deliverables in your business. The licence takes effect when those fees have been paid in full. You may share the Deliverables with your employees, group companies, contractors and other service providers solely as needed for that purpose, provided they may use the Deliverables only for the same purpose as you, they are subject to confidentiality obligations no less protective than clause 7, and you are responsible for ensuring they comply with those restrictions. It does not include a right to sublicense, sell or otherwise commercially exploit the Deliverables outside your business, unless your Order or a Variation says otherwise.
9.3 You grant to us a non-exclusive, worldwide, royalty-free licence to use any materials or content you submit to us for the purpose of providing the Services. That licence does not by itself authorise portfolio or marketing use. We may show examples of the work we have done for you in our portfolio and marketing materials only with your prior written permission (including permission to use any of your logo or other content needed for that example), and only to the extent that use does not disclose your Confidential Information. You may withdraw that permission on reasonable written notice. After withdrawal, we will not use the relevant materials in any new publications. Existing materials already published with your permission (including online examples) may remain.
9.4 Where we do not own any of the materials or content that we provide to you, your right to use them depends on us obtaining a written licence (or sub-licence) from the relevant owner on terms that allow us to license them to you. Any limits in that third-party licence also limit your use. If we cannot obtain a licence that permits the intended use, we will tell you and agree with you in writing how to proceed (for example by using alternative materials, adjusting the scope as a Variation, or agreeing additional fees). If we cannot agree how to proceed within a reasonable time, either of us may end the affected part of the Services by written notice, without ending the rest of the Contract unless the Order or any Variation says otherwise. You remain liable to pay for all Services properly performed up to that ending (including fees that have not yet fallen due under the normal payment schedule, which then become payable on the ending). We will refund any fees you have paid in advance for the ended part of the Services that have not been performed, calculated under clause 10.2.
10. Termination
10.1 Subject to the provisions of clause 2, where the Services are provided on a monthly basis with no Fixed Term (including where you continue on a rolling monthly basis under clause 2.4(c)), either you or we may terminate this Contract on 30 days’ written notice for any reason. That 30-day termination right does not apply during a Fixed Term. Except where you terminate under clause 10.2 or clause 16.3, where you have agreed a Fixed Term you may not terminate the Contract before the end of the Fixed Term, and the fees for the whole Fixed Term remain payable. If we terminate a Fixed Term Contract under clause 10.3, the fees for the rest of the Fixed Term remain payable under clause 11, even though we will provide no further Services after termination. Fees remain payable during any notice period, and we shall have no liability to provide any further Services to you after the Contract ends.
10.2 You may terminate this Contract if we commit any serious or repeated breach or non-observance of any of the provisions of this Contract and such breach is not remedied within 14 days of our receiving written notice of the breach. If you terminate this Contract under this clause 10.2, no fees are payable for Services after termination (including any remaining Fixed Term fees). You remain liable to pay for all Services properly performed up to termination (including fees that have not yet fallen due under the normal payment schedule, which then become payable on termination). We will refund any fees you have paid in advance for Services that have not been performed at the date the Contract ends, calculated and paid as set out below.
Wherever these Terms require a refund calculated under this clause 10.2 (including under clause 9.4 or clause 16.3), the refund is calculated as follows. Where your Order or any Variation allocates fees to stages or Deliverables, that allocation will be used to calculate what has been performed and any refund. If it does not, we will calculate those amounts fairly by reference to the Services properly performed and those not performed, and confirm that calculation to you in writing with a summary of the work carried out. Unless the clause that requires the refund sets a different payment timetable, we will pay the refund within 30 days of the Contract ending (or, where only part of the Services ends, within 30 days of the notice ending those Services), using the same payment method you used to pay us or by bank transfer to an account you nominate.
10.3 Notwithstanding the provisions of clause 2 or the rest of this clause 10, we may terminate this Contract with no liability to provide any further Services to you if at any time:
(a) you fail to pay any amount due under this Contract that is not the subject of a genuine dispute notified to us in writing (an undisputed amount), and you do not pay that undisputed amount in full within 14 days of our written notice requiring payment. Where only part of an invoice is genuinely disputed, the undisputed part remains payable and this clause 10.3(a) applies only to any undisputed amount that remains unpaid after that notice and period. To count as a genuine dispute under this clause 10.3(a), you must notify us of it in writing as soon as reasonably practicable and, in any event, within 14 days after the due date. A dispute notified after that deadline does not prevent this clause 10.3(a) applying to the unpaid amount. That deadline affects only our right to terminate under this clause 10.3(a); it does not decide whether the invoice is legally owed, and it does not stop either of us challenging or defending a claim about the underlying invoice;
(b) you commit any gross misconduct affecting our business;
(c) you commit any serious or repeated breach or non-observance of any of the provisions of this Contract and, if the breach is capable of remedy, you do not remedy it within 14 days of our written notice requiring you to do so;
(d) you are convicted of a criminal offence (other than an offence under any road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed) that is relevant to the Services or to our working relationship;
(e) you commit any fraud or dishonesty, or you act (whether in carrying on your business or otherwise) in any manner which in our reasonable opinion brings or is likely to bring us into disrepute or is materially adverse to our interests;
(f) if you are a company, an order is made or a resolution is passed for your winding up (other than for the purpose of a solvent amalgamation or reconstruction), an administrator is appointed in relation to you, or a receiver is appointed over any of your assets or undertaking;
(g) if you are an individual, you are made bankrupt or enter into an individual voluntary arrangement with your creditors;
(h) you enter into a formal arrangement or composition with your creditors (including a company voluntary arrangement, if you are a company); or
(i) you permanently cease to trade or permanently cease carrying on business.
For clause 10.3(a) and for any remediable breach under clause 10.3(c), termination takes effect only when the 14-day notice period expires without the undisputed amount being paid or the breach being remedied. For the other grounds in this clause 10.3, termination may take effect immediately on written notice.
10.4 Each party’s rights under this clause 10 are without prejudice to any other rights that party might have at law to terminate the Contract. Any delay by either party in exercising its rights to terminate shall not by itself constitute a waiver of those rights.
10.5 Subject to clause 8, any separate data processing agreement between us, and any legal obligation to retain records, we shall not be obliged to retain documents and information relating to you after termination of this Contract.
11. Obligations on termination
On termination of this Contract you shall immediately pay to us any unpaid fees or other sums payable under this Contract, including, where you have agreed a Fixed Term and we terminate this Contract under clause 10.3, the fees for the rest of the Fixed Term (even though we will provide no further Services after termination). That remaining Fixed Term fee obligation does not apply if you terminate under clause 10.2 or clause 16.3. Termination will not affect either of our outstanding rights or duties, including our right to recover from you any money you owe us under these Terms. Clauses 7 (confidentiality), 8 (data protection), 9 (intellectual property), 11, 13 (limitation of liability) and 14 (notices) shall continue to apply after termination of this Contract.
12. Status
Our relationship to you will be that of independent contractor. Nothing in these Terms makes us your employee, worker, agent or partner, or creates a partnership or joint venture between us. We are responsible for how we provide the Services, including our own tax and National Insurance arrangements.
13. Limitation of Liability
13.1 Nothing in these Terms shall limit or exclude liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation by us, or (iii) any other matter which may not be legally excluded or limited.
13.2 Subject to clause 13.1, we exclude all liability for any loss of profits, sales, revenue, business, goodwill or data, and for all indirect or consequential loss or damage, howsoever caused and whether or not this was in your or our reasonable contemplation, including any such loss or damage suffered by you as a result of advice or opinions given by us or by any of our employees, agents, consultants or subcontractors. We shall provide the Services in accordance with clause 3.1, but we do not guarantee any particular results, such as visibility in search engines or AI tools, website traffic, enquiries or sales, which depend on things outside our control.
13.3 Subject to clause 13.1, our total aggregate liability to you for all claims arising out of or in connection with the Contract (whether in contract, tort including negligence, or otherwise) is limited to one overall cap for all such claims together, not a separate cap for each claim. That cap is calculated once, by reference to the date of the first event giving rise to any of the claims. The cap equals the total fees you have paid to us under the Contract in the 3 months immediately before that date. If no fees were paid in that period, the cap equals the total fees paid under the Contract in the 12 months immediately before that date or, if the Contract has run for less than 12 months at that date, the total fees paid under the Contract. Fees that are due but unpaid do not count towards the cap. If the calculation produces a figure of zero, the cap is zero, subject always to clause 13.1.
13.4 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside our reasonable control, we shall not be liable for any costs, charges or losses you incur that arise from that prevention or delay. We will tell you as soon as reasonably practicable. We will take reasonable steps to resume the affected Services and may reschedule them. If the disruption continues for more than 30 consecutive days, either of us may end the affected Services by written notice. Ending under this clause 13.4 does not by itself end the rest of the Contract unless the Order or any Variation says otherwise. Fees for Services properly performed remain payable. We will refund any fees you have paid in advance for the ended Services that have not been performed, calculated using the method in clause 10.2, and we will pay that refund within 30 days of the notice ending those Services, using the same payment method you used to pay us or by bank transfer to an account you nominate.
13.5 Subject to clause 13.1, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms. Nothing in this clause 13.5 removes any statutory right or liability that cannot lawfully be excluded.
13.6 This clause 13 shall survive termination of the Contract.
14. Notices
All notices under these Terms (including notices about termination) must be in writing. Notices from you to us must be sent to CK and Jones Ltd, 5 Barn Close, Albourne, Hassocks, West Sussex BN6 9DG or by email to hello@ckandjones.co.uk. We may give notice to you at the email or postal address you provided to us. A notice sent by post is deemed received on the third Working Day after posting. A notice sent by email is deemed received at 9.00 am on the next Working Day after it is sent, provided no delivery-failure notification is received by the sender. If a delivery-failure notification is received, the notice is not deemed received by email and must be re-sent by post or another working email address. In proving service of a letter, it is enough to prove that it was properly addressed, stamped and posted. In proving service of an email, it is enough to prove that it was sent to the correct email address and that no delivery-failure notification was received.
15. Assignment and subcontracting
15.1 We may at any time assign or transfer our rights under these Terms, and we may subcontract or otherwise arrange for any of our obligations (including performance of the Services) to be performed by a third party. We remain responsible to you for the Services and for the acts and omissions of any subcontractor as if they were our own. This clause 15.1 does not by itself transfer our contractual obligations to another party in place of us; any such transfer would need a separate written agreement with you.
15.2 You shall not, without our prior written consent, assign, transfer, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms.
16. General
16.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the relevant provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.2 If either party delays in exercising any rights under these Terms or by law, that shall not by itself constitute a waiver of such right or prevent that party from exercising that right at a later date.
16.3 We may update these Terms from time to time where reasonably necessary, for example to reflect changes to our Services, our business or the law. For new Contracts, the updated Terms apply from the date we publish or send them. For an existing Contract, a material change will take effect no earlier than 14 days after we give you written notice of it (or on any later effective date stated in that notice). You may end the Contract by written notice at any time before the change takes effect. A termination under this clause 16.3 overrides clause 10.1 (including any Fixed Term restriction). You remain liable for fees for Services properly performed up to termination (including fees that have not yet fallen due under the normal payment schedule, which then become payable on termination). We will refund any fees you have paid in advance for Services that have not been performed, calculated using the method in clause 10.2, and we will pay that refund within 30 days of termination using the same payment method you used to pay us or by bank transfer to an account you nominate. If you do not terminate the Contract before the change takes effect, the updated Terms will apply to the Contract from that date. No change will increase the fee agreed with you or extend any Fixed Term you have already agreed.
16.4 A person who is not a party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
16.5 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by the law of England and Wales and we both agree to the exclusive jurisdiction of the courts of England and Wales.