Version 1.0 | Effective date: 14 October 2026

Part A covers website visitors. Part B covers business clients who buy services.

About Battle Candy

Battle Candy is the trading name of Battle Candy Studios Ltd, company number 12420400, registered in England and Wales. Our registered office and correspondence address is Lytchett House, 13 Freeland Park, Wareham Road, Lytchett Matravers, Dorset, BH16 6FA.

Contact us at tom@battlecandy.co.uk. These terms apply to battlecandy.co.uk. In these terms, “we”, “us” and “our” mean Battle Candy Studios Ltd.

We are not currently registered for VAT and do not currently charge VAT.

Part A. Website terms of use

A1. Using this website

These terms govern your use of our website. Please read them before using it. If you do not agree to these terms, you must stop using the website.

Browsing the website, making an enquiry or downloading a free report does not create an order for paid services. Paid services require an agreement under Part B.

Our privacy notice explains how we use personal information. Our cookie notice explains the cookies and similar technologies we use. Accepting these terms does not provide consent to marketing or to cookies that require consent.

A2. Our content and your permitted use

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and the material published on it. Subject to the permission below, those rights are reserved.

You may view pages in a web browser, download pages for browser caching, and print or save copies for your personal use or internal business use. You may download reports made available for that purpose and share them with colleagues and advisers for your business planning, keeping source credits and notices intact.

You must not sell, repackage or republish our reports or other website content without our written permission, except where a separate licence or the law permits it. You may share links to our public pages. You must not present our work as your own or imply that we endorse you.

Third-party trade marks and materials remain the property of their owners. Any separate licence attached to particular material takes precedence over this section for that material.

A3. Acceptable use

You must not use our website in any way that causes damage to it or impairs its availability or accessibility, or for any unlawful, fraudulent or harmful purpose.

You must not use the website to transmit malicious software, send unsolicited commercial communications, or attempt to gain unauthorised access to the website, its servers or connected systems. You must not attack the website through a denial-of-service attack or interfere with another person's use of it.

Information you supply through the website must be accurate to the best of your knowledge and must not infringe another person's rights. You retain ownership of material you submit. You give us permission to use it only as needed to respond to your enquiry or provide the service you request, subject to our privacy notice and any client agreement.

A4. Information, availability and external links

General website content and free industry reports are provided for information. They do not constitute a company-specific assessment, legal advice or a guarantee of business results. Check the date, sources and stated limits of any report before relying on it. Paid advice and deliverables are governed by Part B and the agreed Order.

We use reasonable efforts to keep the website accurate and available, but do not warrant that its content is always complete or current, or that access will be uninterrupted or free from faults. We may change or suspend the public website for maintenance, security or business reasons. This does not remove our obligations under an existing paid-service agreement.

Our website includes links to websites operated by third parties. We have no control over their content. A link does not itself imply endorsement, and those websites have their own terms and privacy information.

A5. Responsibility for website use

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded.

Subject to the preceding paragraph, if you use this website for business purposes, we will not be liable for indirect or consequential loss arising from that use. This exclusion applies only to the extent permitted by law. It does not replace the provisions for paid services in Part B.

If you are a consumer, nothing in these terms affects your statutory rights.

A6. Changes, disputes and contact

We may revise these website terms by publishing a new version. The revised terms apply to future use of the website. Changes do not retrospectively alter a paid-service agreement.

These website terms are governed by the laws of England and Wales. The courts of England and Wales have jurisdiction. If you are a consumer, you retain any mandatory protections and rights to bring proceedings in your home courts that applicable law provides.

If a provision is found to be unlawful or unenforceable, the remaining provisions continue in effect. Please send questions or complaints to tom@battlecandy.co.uk.

B9. Ownership and licences

Subject to the exceptions below, we hereby assign to you the intellectual property rights we own in the final deliverables created specifically for you under the Order, with effect when you have paid the fees due for those deliverables in full. Until then, we retain those rights and permit you to use the work for review only. The assignment includes future copyright and must be recorded in an agreement signed by or on behalf of Battle Candy Studios Ltd.

The assignment does not include:

• your existing materials, which remain yours;

• third-party software, fonts, images and other materials, which remain subject to their own licences;

• our pre-existing or reusable tools, templates, libraries, shared components, research methods and general know-how; or

• drafts or rejected alternatives, unless the Order includes them.

For our retained materials incorporated into a paid final deliverable, we grant you a perpetual, worldwide, non-exclusive, royalty-free licence to use, copy and modify them as part of that deliverable, and to allow a replacement provider to maintain it for you. This does not permit resale of our retained materials as a separate product. A hosted shared service that cannot be handed over must be identified in the Order with its subscription and exit arrangements before purchase.

We shall identify material third-party licences and ongoing costs. We shall obtain the rights needed for the agreed use of materials we supply. You are responsible for complying with disclosed third-party licence terms after handover.

We will obtain your written permission before publishing your project as a case study, using your testimonial or adding a credit to your website.

B10. Hosting, domains and third-party services

Unless the Order includes them, hosting, domain registration, email and third-party subscriptions are separate from our fees. The Order or handover record identifies who manages renewals, backups, access and ongoing charges.

The website may be deployed to our hosting service or your own Cloudflare account, as agreed in the proposal. Deployment to your account does not include an ongoing Battle Candy hosting subscription. Provider charges, usage limits and any recurring service needed for the agreed features must be identified before you accept the proposal.

Where we arrange a domain or account for you, it shall be registered in your name where the provider permits this. Any shared account or transfer restriction must be disclosed before agreement. We will give you the access and transfer assistance included in the Order.

Third-party services are subject to their providers' terms, availability and changes. We remain responsible for the work we agree to perform, including reasonable care in selecting and configuring those services. A provider's outage does not itself create a promise by us of uninterrupted service or a fixed recovery time.

B11. Defect correction after launch

For two calendar months following launch, we shall correct bugs, errors or failures against the agreed build scope that you report to us, at no additional charge. This period also includes reasonable handover help using the website and functions we delivered. A qualifying issue reported within that period remains our responsibility to correct even if the correction takes longer.

This service does not include new features, content changes or faults caused by unauthorised changes made by you or another provider. Changes outside the original scope require agreement under B6. This correction period does not exclude other rights or remedies under the agreement or applicable law.

Support is available Monday to Friday, 9am to 5pm UK time, excluding public holidays in England and Wales. We will acknowledge support requests by the next Business Day, prioritise outages during those hours and aim to begin investigating them promptly. We do not promise a fixed repair time or support outside these hours.

Ongoing hosting or improvement requires a separate subscription in the signed proposal. A recurring subscription does not replace or charge again for the included defect and handover support.

B12. Basic Hosting and Tracking & Improvement

The signed proposal identifies each subscription you choose, its start date, supported website and services, billing date, contact route and any agreed limits. Basic Hosting and Tracking & Improvement are separate optional subscriptions. They may start at launch or another agreed date; neither is required to receive the included two months of defect and handover support.

We provide these subscriptions only for websites purchased from Battle Candy. The proposal identifies the original website development project, its agreed project fee and the start date of the first ongoing service for that website. These details determine the ongoing-service liability cap and Service Year under B15.

Basic Hosting costs £20 per month and includes hosting for the agreed website and up to 30 minutes of support each billing month. Google Tag Gateway is optional and will be configured only if agreed in the proposal. The proposal must identify any associated provider charges, account responsibilities, usage limits, backups, retention and restoration arrangements. Tracking configuration does not replace any required privacy information or consent.

The 30-minute allowance covers requests concerning the supported website and hosting service. Unused request time does not roll over. Work beyond the allowance must be approved at the agreed rate before it starts. Correcting our failure to provide the contracted service, including our own hosting faults, is not charged against that allowance or billed as extra work.

Tracking & Improvement costs £200 per month and includes one editorial and four social posts per billing month, with topic and draft approval and one consolidated revision round for each item. The proposal identifies the editorial's format and intended length, social channels, required client inputs and any agreed tracking, measurement or reporting work. Monitoring, security updates and development hours are included only where expressly listed in the proposal.

You shall approve topics before drafting and approve final content before publication. We can publish approved content at your request where the necessary account access is available; otherwise we will deliver the approved files for you to publish. Approval alone does not instruct us to post. You shall check business facts, claims and permissions, and we remain responsible for preparing the agreed content with reasonable care and skill. Paid advertising, advertising spend and additional content or development are excluded unless agreed separately.

We will agree a monthly content schedule and request the information and approvals needed to meet it. If these are late, we will explain the effect and agree a revised delivery date. We will not publish without approval or automatically treat silence as acceptance. Monthly allocations do not accumulate as an unlimited bank of future content. Any deferred work must be recorded in the revised schedule. Work we fail to deliver for reasons within our control will be completed at no extra charge on an agreed date or credited fairly if it will not be supplied.

Both subscriptions are billed monthly in advance, with no minimum term. Either party may end either subscription by giving 30 calendar days' written notice. Charges run to the termination date; a partial final month is apportioned and any excess advance payment is refunded within 14 calendar days after the final account. The final account will be provided within 14 calendar days of termination. The rights to terminate for breach in B14 remain available without waiting for the ordinary notice period.

Support hours and response arrangements are those in B11. Subscription prices do not include third-party subscriptions or usage charges unless the proposal expressly includes them. Extra work requires written agreement under B6; the standard bespoke rate is £40 per hour. We will not carry out chargeable emergency work without prior approval unless the proposal contains an agreed emergency authority and spending limit.

Ending Tracking & Improvement does not end a separately paid Basic Hosting subscription. If Basic Hosting ends, continued availability on our hosting ends on the agreed termination date. Before that date, we will provide the access, files and exports included in the proposal so you can arrange replacement hosting, identify known issues and any shared-service dependencies, and remove access we no longer need. We will agree any extra migration work and charges in advance. Personal-data return and deletion are governed by the applicable data-processing agreement.

B13. Confidentiality and personal data

Each party shall keep the other's confidential information confidential and use it only to perform or receive the services. It may be disclosed to personnel and suppliers who need it for that purpose and are subject to suitable confidentiality obligations, or where disclosure is required by law.

This obligation does not apply to information that becomes public through no fault of the receiving party, was already lawfully known to it, was independently developed, or was lawfully received from another source. It continues after the agreement ends for as long as the information remains confidential.

Each party shall comply with the data-protection law applicable to it. Our privacy notice covers personal information we handle for our own business purposes. Where we process personal data on your behalf, both parties must agree a data-processing agreement before that processing begins. It must describe the processing and address instructions, security, confidentiality, sub-processors, assistance, incidents, transfers, audits and return or deletion of data. These general terms do not replace that agreement.

We may use subcontractors and software tools in delivering the services, including tools that assist research, writing or development. We remain responsible for our work and shall comply with the agreed confidentiality and data-processing restrictions when using them.

B14. Cancellation and termination

You may cancel a project by written notice, effective when we receive it. We will stop new discretionary work and take reasonable steps to reduce avoidable costs. For cancellation other than because of our material breach, you shall pay for work properly carried out up to cancellation, calculated fairly against the agreed scope and stages, plus approved third-party costs that cannot reasonably be recovered. We will provide an itemised account within 14 calendar days of cancellation, deduct payments already made, and refund any excess advance payment within 14 calendar days of that account. Unperformed work and lost future profit are not charged as a cancellation fee.

For ordinary cancellation of a recurring service, the notice arrangements in B12 apply instead. They do not remove the rights to terminate for breach in this section.

Either party may terminate by written notice if the other commits a material breach and, where it can be remedied, fails to remedy it within 14 calendar days after receiving written notice identifying the breach and requiring a remedy. We may terminate for non-payment if an undisputed invoice remains unpaid more than 30 calendar days after its due date and the 14-day remedy notice has expired.

If you terminate because of our material breach, we will not charge a cancellation fee or fees for the remaining subscription or project term. You are entitled to a refund of advance payments for services not supplied and for materially defective work that you cannot reasonably use for the agreed purpose. We may charge only a fair amount for conforming work already supplied that you retain and can reasonably use. We will not charge you for correcting our breach or pass on third-party costs for unusable work caused by that breach.

We will provide the termination account within 14 calendar days and pay any undisputed refund within 14 calendar days of that account. A disputed part will be addressed promptly without delaying payment of an undisputed refund. These refund arrangements do not make a refund your only remedy or remove any right to claim damages or other relief, subject to B15 and applicable law. Nothing in this section removes a right under applicable law to terminate immediately for a sufficiently serious breach.

On termination, we shall provide completed and partly completed work that has been paid for, identifying any unfinished parts. The ownership and licence provisions in B9 apply to the paid work handed over. We shall return your materials and provide access or exports due under the Order or data-processing agreement. Extra migration or completion work requires a separate agreement.

Termination does not affect rights already accrued, including claims concerning breach. Confidentiality, payment obligations already accrued, ownership, licences, liability and dispute provisions continue where their nature requires it.

B15. Liability

Nothing in the agreement limits or excludes either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded.

Subject to the preceding paragraph, neither party shall be liable to the other for indirect or consequential loss arising under or in connection with the agreement, to the extent that this exclusion is permitted by law and satisfies any applicable requirement of reasonableness.

Subject to the first paragraph of this section and any applicable requirement of reasonableness, the following limits apply to each party's liability, whether arising in contract, negligence, breach of statutory duty or otherwise.

Website development. Each party's total aggregate liability for all claims arising under or in connection with a website development project shall not exceed the total agreed development fees payable under that project's signed proposal, including agreed changes to that project. Recurring-service fees are excluded from this calculation. This is one cap for the project, not a separate cap for each stage or claim, and it does not reset each year. Claims concerning the original development work remain subject to this project cap even if discovered while an ongoing service is in place.

Ongoing services. For each Service Year, each party's total aggregate liability arising under or in connection with ongoing services for the same website shall not exceed the greater of:

• the total agreed fee for the original website development project identified in the proposal, excluding recurring-service fees; and

• the ongoing-service fees paid or payable for that website for services supplied during the 12 months immediately before the first event giving rise to a claim allocated to that Service Year. If the ongoing services have run for less than 12 months, only fees for that shorter period count.

This is one shared annual cap across Basic Hosting, Tracking & Improvement and any other ongoing services agreed for that website, rather than separate caps for each subscription, invoice or claim. The original project fee remains the minimum for each Service Year. It is not added to the previous 12 months' ongoing-service fees. For the standard £1,500 website project, the minimum ongoing-service cap is therefore £1,500.

Service Year and allocation of claims. A Service Year is each successive 12-month period starting on the date the first ongoing service for that website begins, and on each anniversary of that date. Adding, changing, pausing or restarting a subscription does not change that anniversary. The annual cap is calculated using the first event giving rise to a claim allocated to that Service Year and applies in aggregate to that year's allocated claims. A fresh cap applies to each new Service Year; amounts used in an earlier year do not reduce it, and unused amounts do not carry forward. This does not create a minimum subscription term.

A claim is allocated to the Service Year in which the event giving rise to it first occurred, not the year in which the claim is reported. Related claims arising from the same cause, including a continuing failure, are treated together and allocated to the Service Year of the first such event. A later report or continuation of the same failure does not create a fresh cap. These allocation rules do not shorten the time allowed by applicable law to bring a claim.

The development cap and the annual ongoing-service cap are separate. Liability for a distinct failure to perform an ongoing service is assessed under the ongoing-service cap, including where the original website also has a development defect. Neither party may recover compensation more than once for the same loss by claiming under both caps or under more than one Service Year.

The caps do not reduce fees properly payable for services or refunds and credits due under the agreement. Both parties shall take reasonable steps to reduce losses arising from a breach.

B16. Events outside our control

Neither party shall be liable for a failure or delay caused by an event beyond its reasonable control, to the extent that the event prevents performance. The affected party shall notify the other, take reasonable steps to reduce the effect, and resume performance when able.

If the event prevents a material part of the services for more than 30 calendar days, either party may end the affected Order by written notice. Payment for work properly completed, approved unavoidable costs and refunds of unused advances shall be settled under B14.

B17. General provisions and disputes

The agreement records the agreed scope and terms for the services. Changes must be agreed in writing by both parties. Publishing revised terms on our website does not change an existing Order.

Neither party may transfer the agreement without the other's written consent. We may subcontract work while remaining responsible for it, subject to B13 and any data-processing agreement.

A waiver is effective only if given in writing. Failure to enforce a term on one occasion does not waive the right to enforce it later. If a provision is found unlawful or unenforceable, the remaining provisions continue in effect. A person who is not a party has no right to enforce this agreement under the Contracts (Rights of Third Parties) Act 1999.

Formal notices must be in writing to the email or postal addresses in the Order. Notices to us may be sent to tom@battlecandy.co.uk. Email notices are treated as received on the next Business Day after sending, provided no delivery-failure notification is received. Either party must notify the other of a change of address.

Please raise a complaint with your project contact or at tom@battlecandy.co.uk, identifying the issue and the remedy sought. Both parties shall try to resolve it promptly. This does not prevent either party seeking urgent relief or bringing a claim.

The agreement and any dispute arising from it are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.

Template acknowledgement

Adapted from the Website Contracts web design agreement and website terms and conditions template, used under their permission to copy, modify and use templates commercially. Adaptations address Battle Candy's identity, services and commercial arrangements. The template publisher does not endorse this adaptation.