Service terms

These terms apply to the agency plans & local packages set out on the pricing page, supplied by wevisualise Limited (company number 17069715, registered in England & Wales) ("wevisualise"). They apply to businesses and self-employed persons and not to consumers. By subscribing, the subscriber ("the Customer") confirms that it is acquiring the service for the purposes of its business or profession. wevisualise Engage is subject to its own service terms, set out above.

1. The service & scope

wevisualise will supply the work listed for the Customer's plan or package on the pricing page on the date of subscription (the "Scope"). wevisualise keeps a dated copy of that list, and the Scope is also printed on the agreement available to download after payment. wevisualise will not reduce the Scope during the minimum term. Work outside the Scope will be quoted separately and will begin only when the Customer has agreed it in writing. For the £5,000 a month plan, the monthly deliverables are agreed in writing before work begins. If they cannot be agreed within five working days of the first payment, wevisualise will refund that payment in full and the agreement ends.

2. Plans & fees

• Agency plan, six months: £2,500 a month.
• Agency plan, twelve months: £2,400 a month.
• Agency plan, six months, larger scope: £5,000 a month.
• Local package, Bronze: £349 a month.
• Local package, Silver: £849 a month.
• Local package, Gold: £1,499 a month.

Fees are charged monthly in advance through Stripe, by card or, where offered at checkout, by Bacs Direct Debit. A Direct Debit can take approximately three working days to clear, and work begins once the first payment has cleared. Advertising spend is separate and is paid by the Customer directly to the advertising platform.

3. Minimum term, free periods & the end of the term

The six month plans and every local package carry a minimum term of six months. The twelve month plan carries a minimum term of twelve months. The minimum term is counted in paid months and begins with the first month for which a fee is charged. The Customer agrees to pay the monthly fee for every month of the minimum term.

Free periods and discounts do not form part of the standard plans. wevisualise may grant one only by written agreement, for example by issuing a promotion code. Any such concession is granted on a one-off basis to the Customer concerned and does not alter the plan or its fees. It precedes the minimum term and is additional to it, unless otherwise agreed in writing. Where the first month is free, work begins once the Customer's payment method has been confirmed at checkout. A free period does not reduce the fees payable for the remainder of the term, and no further free period applies unless agreed in writing.

Before the minimum term ends, wevisualise will contact the Customer to agree whether the plan is to continue. Unless both parties agree in writing to continue, the subscription ends on expiry of the minimum term and wevisualise will cancel it in Stripe. If the parties agree to continue, the monthly fee continues at the agreed price, and either party may end the subscription at the end of any month by giving 30 days' written notice by email.

4. Paying upfront

Agency plans may be paid in full in advance, by bank transfer against an invoice: £14,250 for the six month plan, £26,400 for the twelve month plan, or £28,500 for the six month plan at £5,000 a month. Work begins when payment has cleared. An upfront payment covers the whole minimum term.

5. Starting work

wevisualise will email the Customer within one working day of the first payment to arrange a start call. Work begins after that call.

6. Customer responsibilities

The Customer will provide:

• access to the website, advertising, analytics and social accounts agreed on the start call, ownership of which remains with the Customer;
• timely approvals and responses, so that work is not delayed;
• for local packages, the filming that wevisualise then edits; and
• details of any claims that wevisualise must not make.

The Customer is responsible for the accuracy of the information it provides about its business.

7. No guaranteed outcomes & platform rules

wevisualise supplies the work and the reporting, and does not guarantee enquiries, sign-ups, sales, rankings or any other result. Advertising, search and social platforms set their own rules and may limit, restrict or remove accounts, advertisements, listings or content. wevisualise is not responsible for action taken by a platform unless it was caused by wevisualise's breach of these terms.

8. Ownership & use of work

Customer materials. The Customer retains ownership of its accounts, content, logos, footage and data. The Customer grants wevisualise a licence to use them for the purposes of the work for as long as the service runs, including to edit, adapt and publish them on the Customer's behalf. The Customer warrants that it has the right to grant that licence and that the materials it supplies do not infringe the rights of any third party.

Work produced. Once the fees for the relevant month have been paid, the Customer owns the finished work that wevisualise produces specifically for it, such as written copy, articles, posts, edited reels and advertisements. Tools, templates, methods, report formats and know-how that wevisualise already owns, or develops for general use, remain the property of wevisualise, and the Customer may use them as part of the finished work. Third-party materials, such as stock images, fonts and music, remain subject to their own licences.

Portfolio. wevisualise may display the finished work, and identify the Customer as a client, in its portfolio and marketing, unless the Customer notifies wevisualise in writing that it objects. wevisualise will not publish the Customer's results data or figures without the Customer's agreement.

9. Confidentiality

Each party will keep the other party's confidential information, such as access details, pricing, business plans, customer data and results, confidential. Each party will use it only for the purposes of the service and will disclose it only to those who need it and who are bound to keep it confidential. This obligation does not apply to information that is public, that was already known to the receiving party, or that must be disclosed by law. It continues while the service runs and for two years afterwards.

10. Data protection

Each party will comply with UK data protection law. In respect of personal data that wevisualise handles on the Customer's behalf in the service, such as customer or enquiry data held in the Customer's advertising, analytics or booking accounts, the Customer is the controller and wevisualise is the processor. The data is processed only to carry out the work, for as long as the service runs. wevisualise will:

• process the data only on the Customer's written instructions, which comprise these terms and the Customer's requests made in the course of the service;
• keep the data confidential & secure, and ensure that everyone who handles it for wevisualise is bound by a duty of confidentiality;
• use only the platforms, tools and subcontractors that the service requires, and remain responsible for them;
• assist the Customer in responding to requests from individuals, and notify the Customer without undue delay on becoming aware of a personal data breach affecting the data;
• provide the information the Customer reasonably requires to verify compliance; and
• delete or return the data when the service ends, unless the law requires it to be retained.

The Customer warrants that it has the right to give wevisualise access to the data. wevisualise handles its own data about the Customer in accordance with its Privacy Policy.

11. Cancelling & refunds

The minimum term cannot be cancelled early. All fees are non-refundable, including the fees for the whole minimum term and for any month that has begun, except as provided in clause 1 and clause 13, and except that, if wevisualise cannot take the Customer on before work begins, it will refund the first payment in full within five working days. This does not affect any statutory right that cannot be excluded. After the minimum term ends, no further fees are charged unless the parties have agreed to continue.

12. Failed payments

If a payment fails, wevisualise will retry it. If it remains unpaid, wevisualise will pause the work until it is settled. The fees for the remainder of the minimum term remain payable.

13. Termination for cause

Either party may terminate this agreement by written notice if the other party commits a material breach and fails to remedy it within 14 days of written notice requiring it to do so, or becomes insolvent. wevisualise may also terminate by written notice if a payment remains unpaid 14 days after a reminder, or if the Customer requests anything unlawful or contrary to a platform's rules.

If the Customer terminates because of wevisualise's material breach, wevisualise will refund the fees paid for work not delivered, and the Customer owes no fees for the remainder of the minimum term. If wevisualise terminates because of the Customer's breach or non-payment, the fees for the remainder of the minimum term remain payable. Termination does not affect rights that have already accrued, or any clause intended to continue after termination, including clauses 8, 9, 10, 14 and 16.

14. Liability

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence. Subject to that, wevisualise's total liability to the Customer, whether in contract, tort (including negligence) or otherwise, is limited to three times the monthly fee for the Customer's plan. wevisualise is not liable for loss of profit, revenue or business, or for indirect or consequential loss.

15. General

• These terms, together with the Scope in clause 1, constitute the entire agreement between the parties relating to the plan. They supersede any prior statement or communication, including on the website or in sales discussions, although this does not limit liability for fraud.
• The version of these terms in force on the date of subscription applies throughout the minimum term. Any later change to the terms, the price or the Scope binds the parties only if agreed in writing.
• The Customer may not assign or transfer its rights or obligations under this agreement without the written consent of wevisualise. wevisualise may use subcontractors and remains responsible for their work.
• If any provision of these terms is unenforceable, the remainder continues to apply. A delay in enforcing a right is not a waiver of it.
• Neither party is in breach through an event beyond its reasonable control, but this does not excuse late payment.
• Notices must be given by email: to hello@wevisualise.co.uk for wevisualise, and to the email address provided at checkout for the Customer.
• Only the parties have rights under this agreement.
• The Customer accepts these terms electronically by ticking the box at checkout.

16. Governing law

These terms are governed by the law of England & Wales, and the courts of England & Wales have exclusive jurisdiction.

Questions: hello@wevisualise.co.uk