Delair Automations terms of service

Last Revised: 5 October 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR WEBSITES OR OUR SERVICES. BY AGREEING TO THESE TERMS OF SERVICE, YOU CONFIRM THAT YOU ARE ACTING FOR THE PURPOSES OF YOUR TRADE OR BUSINESS. SECTION 9 SETS OUT THE CONDITIONS OF OUR 30-DAY MONEY-BACK GUARANTEE AND SECTION 16 LIMITS OUR LIABILITY TO YOU.

1. AGREEMENT TO TERMS

These Terms of Service (“Terms of Service”) constitute a legally binding agreement made between you, on behalf of the business or entity you represent (“Customer”, “you”, “your”), and [legal name], trading as Delair Automations (“Delair Automations”, “Company”, “we”, “us”, “our”). These Terms of Service govern your use of the website at https://delairautomations.com and its subdomains, including https://go.delairautomations.com (together, the “Websites”), and your use of any products and services provided by Delair Automations (collectively, the “Services”).

You accept these Terms of Service, and they become binding on you, on the earliest of: (a) your ticking a box or clicking a button indicating your acceptance; (b) your making the first payment towards the Fees; or (c) your confirming in writing, including by email, that you wish to proceed. If you do not agree with these Terms of Service, you must not use the Services.

The Services are supplied exclusively to businesses. By accepting these Terms of Service you represent and warrant that you are acting for purposes relating to your trade, business, craft or profession (including as a sole trader), that you are at least 18 years of age and, where you accept on behalf of a company, partnership or other entity, that you have authority to bind that entity. Accordingly, the rights afforded to consumers under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, including the 14-day cancellation period, do not apply to these Terms of Service.

Where any term specifically agreed between you and us in writing conflicts with these Terms of Service, the specifically agreed term shall prevail to the extent of the conflict.

2. DEFINITIONS

As used in these Terms of Service, the following defined terms shall apply:

  1. “Customer Content” means any text, photographs, logos, branding, business information and other materials supplied by or on behalf of Customer for use in connection with the Services.
  2. “Customer Data” means any personal data processed by Company on behalf of Customer in providing the Services, including personal data relating to Customer’s customers, enquirers and prospects (“End Users”).
  3. “Customer Website” means the website designed, built and hosted by Company for Customer as part of the Services.
  4. “Data Protection Legislation” means the UK GDPR as defined in section 3(10) of the Data Protection Act 2018, the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”) and any other applicable law relating to the processing of personal data, in each case as amended or replaced from time to time.
  5. “Effective Date” means the date on which Customer makes its first payment towards the Fees.
  6. “Fees” means the subscription fees payable by Customer for the Services, as set out in Section 8.
  7. “Plan” means the subscription for the Services, billed either monthly (“Monthly Plan”) or annually (“Annual Plan”).
  8. “Platform” means the third-party software, including the white-label HighLevel platform, and the hosting services and telecommunications networks through which Company provides the Services.
  9. “Working Day” means any day other than a Saturday, a Sunday or a public holiday in England.

The terms “controller”, “processor”, “personal data”, “personal data breach” and “processing” have the meanings given to them in the Data Protection Legislation.

3. THE SERVICES

3.1 Scope of Services. Subject to these Terms of Service and payment of the Fees, Company shall provide Customer with the following Services during the term of the Plan:

  1. Lead-Capture Website: the design, build, hosting and maintenance of the Customer Website, including its domain name and security certificate;
  2. Google Review Generation Funnel: automated requests to Customer’s customers to leave reviews, including a campaign to past customers whose details are supplied by Customer;
  3. One-Click Marketing Campaign: automated text messages to Customer’s past customers, whose details are supplied by Customer, offering a discount on future work at the rate configured for Customer (10% by default), subject to Section 3.8;
  4. Missed Call Text Back: an automated text message to callers whose calls to the business telephone number configured with Customer are not answered;
  5. Automated Lead Follow-Up: automated replies and follow-up messages to new enquiries;
  6. a unified inbox and mobile application for managing enquiries, calls and messages; and
  7. reasonable changes to the Customer Website and automated messages, made by Company at Customer’s request.

3.2 Right to Use Services. Company grants Customer a limited, non-exclusive, non-transferable and non-sublicensable right to use the Services, the Platform and the Customer Website during the term of the Plan solely for Customer’s internal business purposes, subject to Section 10.

3.3 Set-Up and Delivery. Company shall use reasonable endeavours to make the Customer Website live within 48 hours of receiving all information and access required under Section 4.1. The Services shall be deemed delivered when the Customer Website is live and the automations described in Section 3.1 have been activated, and Company shall notify Customer by email when this occurs. If the 48-hour target is not met, Customer may claim under the Money-Back Guarantee in Section 9, subject to its conditions.

3.4 Existing Websites. Where Customer has an existing website, Company shall build a new Customer Website. At Customer’s request, Company shall incorporate content from the existing website, including photographs, wording and colours, into the new Customer Website.

3.5 Platform and Third-Party Providers. Customer acknowledges that the Services are provided using the Platform. Company may change its third-party providers from time to time, provided that any such change does not materially reduce the functionality of the Services.

3.6 Modifications and Updates. Company may modify and update the Services from time to time. Company shall give Customer at least 30 days’ notice by email of any change that materially reduces the core functionality of the Services, and Customer may cancel its Plan in accordance with Section 11 before the change takes effect.

3.7 Technical Support. Company provides support by email at ammaar@delairautomations.com and shall use reasonable endeavours to respond within one Working Day.

3.8 Fair Use. [Confirm: text message and call costs are included in the Fees.] Text messages, calls and emails sent through the Services, and reasonable change requests, are included in the Fees for use consistent with the ordinary operation of a trade business. If Customer’s use materially exceeds such ordinary use, Company shall contact Customer before any additional charge is applied, and no additional charge shall be payable unless agreed by Customer in writing.

4. CUSTOMER OBLIGATIONS

4.1 Information and Access. Customer shall promptly provide Company with all information, materials and access reasonably required to provide the Services, including business details, photographs of Customer’s work, logos, service areas, manager access to Customer’s Google Business Profile, and access to any domain name owned by Customer. Company shall not be liable for any delay caused by Customer’s failure to do so.

4.2 Accuracy of Information. Customer represents and warrants that all information and Customer Content supplied to Company is accurate and not misleading, and that Customer owns or is licensed to use it. Customer further warrants that any accreditation, registration, membership or insurance which Customer instructs Company to display, including any Gas Safe registration number, is genuine and current, and Customer shall notify Company immediately if any such information ceases to be accurate.

4.3 Account Security. Customer is responsible for maintaining the confidentiality of any login credentials issued to it and for all activities carried out using those credentials, and shall notify Company immediately of any unauthorised use.

4.4 Customer’s Business. Customer acknowledges that the Services generate opportunities for enquiries, and that responding to enquiries, providing quotations and carrying out work remain Customer’s sole responsibility.

5. CUSTOMER DATA AND DATA PROTECTION

5.1 Roles of the Parties. In respect of Customer Data, Customer is the controller and Company is the processor, and this Section 5 sets out the terms required by Article 28(3) of the UK GDPR. The subject matter of the processing is the provision of the Services. The duration of the processing is the term of the Plan and the period described in Section 11.9. The nature and purpose of the processing is the hosting, storage, organisation and transmission of Customer Data to operate the Customer Website and automations. The types of personal data are names, telephone numbers, email addresses, postal addresses, message content and review information, and the categories of data subjects are End Users.

5.2 Company Obligations. Company shall:

  1. process Customer Data only on Customer’s documented instructions, including those set out in these Terms of Service, unless required to do otherwise by law, in which case Company shall inform Customer before processing unless the law prohibits it;
  2. ensure that persons authorised to process Customer Data are subject to obligations of confidentiality;
  3. implement appropriate technical and organisational measures in accordance with Article 32 of the UK GDPR;
  4. not engage a sub-processor except in accordance with Section 5.3;
  5. taking into account the nature of the processing, assist Customer by appropriate technical and organisational measures in responding to requests from data subjects exercising their rights;
  6. assist Customer in ensuring compliance with its obligations under Articles 32 to 36 of the UK GDPR;
  7. notify Customer without undue delay, and in any event within 48 hours, after becoming aware of a personal data breach affecting Customer Data;
  8. at Customer’s choice, delete or return Customer Data at the end of the provision of the Services in accordance with Section 11.9, unless retention is required by law;
  9. make available to Customer all information necessary to demonstrate compliance with this Section 5, and allow for and contribute to audits, including inspections, conducted by Customer or an auditor mandated by Customer on not less than 30 days’ notice, no more than once in any 12-month period and at Customer’s cost; and
  10. immediately inform Customer if, in its opinion, an instruction infringes the Data Protection Legislation.

5.3 Sub-Processors. Customer grants Company general authorisation to engage sub-processors, including HighLevel, Inc. (United States of America) and the telephony, messaging and email delivery providers which it uses. Company shall impose data protection obligations on each sub-processor equivalent to those set out in this Section 5, shall remain liable for the performance of each sub-processor, and shall notify Customer of any intended addition or replacement of a sub-processor, giving Customer the opportunity to object by cancelling its Plan.

5.4 International Transfers. Company shall not transfer Customer Data outside the United Kingdom except where the transfer is permitted under the Data Protection Legislation, including under UK adequacy regulations or the International Data Transfer Agreement or International Data Transfer Addendum issued by the Information Commissioner.

5.5 Customer Obligations. Customer represents, warrants and undertakes that:

  1. it has a lawful basis for the processing of Customer Data, including Company’s processing on its behalf;
  2. it has provided all notices to End Users required by the Data Protection Legislation, including notice that Customer uses service providers such as Company;
  3. each End User whose details Customer supplies for messaging has made an enquiry with, or been a customer of, Customer and, where the messages are sent for direct marketing purposes, has either consented to receive them or was given a simple means of refusing them at the time those details were collected, such that messages sent through the Services comply with PECR;
  4. it shall not instruct Company to contact any person who has objected to receiving communications from Customer; and
  5. it shall maintain records of how each End User’s details were obtained and shall produce them on request.

Company shall include Customer’s business name and a free means of opting out in each automated text message and email sent on Customer’s behalf, and shall cease messaging any End User who opts out.

5.6 Anonymised or Aggregated Data. Company shall not sell Customer Data. Company may compile anonymised and aggregated statistics derived from the use of the Services, which do not identify Customer or any individual, and may use them to operate and improve the Services.

5.7 Privacy Policy. Company processes personal data relating to Customer and its personnel as a controller in accordance with its Privacy Policy, available at https://delairautomations.com/privacy, which is incorporated into these Terms of Service by reference.

6. REVIEWS

6.1 Compliance. Customer acknowledges that the Digital Markets, Competition and Consumers Act 2024 prohibits fake consumer reviews, concealed incentivised reviews and the publication of consumer reviews in a misleading manner. All reviews requested through the Services must be genuine reviews from Customer’s customers relating to work actually carried out.

6.2 Prohibited Review Practices. Customer shall not, and shall not request Company to:

  1. write, submit, commission or purchase fake reviews, or reviews of any competitor;
  2. request reviews from friends, family members or staff presented as customers;
  3. offer any payment, discount, gift or other incentive in exchange for a review; or
  4. pressure any customer to amend or remove a genuine negative review.

6.3 Google Business Profile. Company shall request manager access, and not owner access, to Customer’s Google Business Profile, and is therefore unable to delete reviews. Reviews are subject to Google’s policies, and Company is not responsible for any decision by Google to remove reviews or to restrict a profile.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Company Materials. Except for the rights expressly granted in these Terms of Service, including Section 10, Company or its licensors retain all right, title and interest, including all intellectual property rights, in and to the Services, the Platform, the Delair Automations name and logo, and all templates, workflows, message scripts, designs and systems used to provide the Services. Customer shall not copy, reproduce, resell or create derivative works of any of the foregoing.

7.2 Customer Content. Customer retains all right, title and interest in Customer Content. Customer grants Company a non-exclusive, royalty-free licence to use, reproduce and modify Customer Content during the term of the Plan solely to the extent necessary to provide the Services.

7.3 Portfolio. Company may display the Customer Website, or images of it, as an example of its work. Customer may withdraw this permission at any time by notice in writing. Company shall not publish any testimonial, statement or result attributed to Customer without Customer’s prior written consent.

7.4 Feedback. Customer agrees that Company may use any ideas, suggestions or feedback provided by Customer regarding the Services without restriction and without compensation to Customer.

8. FEES AND PAYMENT

8.1 Fees. The Fees are £250 per month for the Monthly Plan, or £2,500 per year, payable in advance, for the Annual Plan.

8.2 VAT. [Confirm VAT status. If not VAT registered:] Company is not currently registered for value added tax (“VAT”) and no VAT is charged on the Fees. If Company becomes registered for VAT, VAT shall be payable in addition to the Fees at the applicable rate, and Company shall give Customer at least 30 days’ notice before VAT is first charged.

8.3 Payment. The first payment is due on the Effective Date. Thereafter, Fees for the Monthly Plan are due on the same day of each month, and Fees for the Annual Plan are due on each anniversary of the Effective Date. Customer authorises Company and its payment service provider to collect all Fees automatically using the payment method provided by Customer.

8.4 Price Changes. Company shall not increase the Fees for any period for which Customer has already paid. Company may increase the Fees for subsequent periods by giving Customer at least 30 days’ notice by email, in which case Customer may cancel its Plan before the increase takes effect.

8.5 Late Payments. If a payment fails, Company shall notify Customer and its payment service provider shall automatically retry the payment. If any Fees remain unpaid 14 days after the due date, Company may suspend the Services, including taking the Customer Website offline and suspending the automations, until payment is received in full. Company may charge interest on overdue sums and recover its reasonable costs of recovery in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

8.6 Fee Disputes and Chargebacks. Customer shall notify Company of any disputed charge within 30 days of the charge, and the parties shall work in good faith to resolve the dispute promptly. Customer agrees to contact Company before initiating a chargeback or payment dispute with its card issuer or bank. If Customer initiates a chargeback in respect of Services delivered without first contacting Company, Company may provide evidence of Customer’s acceptance of these Terms of Service and use of the Services to the card issuer, suspend the Services pending resolution, and recover the disputed amount together with its reasonable costs where the dispute is resolved in Company’s favour.

8.7 Promotions. Any promotional offer or discount shall state its content and duration. On expiry of a promotion the standard Fees shall apply, and Company shall notify Customer at least 30 days beforehand. A promotion does not otherwise amend these Terms of Service.

9. 30-DAY MONEY-BACK GUARANTEE

9.1 Guarantee. If Customer is dissatisfied with the Services for any reason, Customer may request a refund within 30 days of the Effective Date, and Company shall refund all Fees paid by Customer. Customer is not required to give a reason for the request (the “Money-Back Guarantee”).

9.2 Scope. The Money-Back Guarantee is the guarantee referred to wherever the Websites, advertisements, emails, calls or other communications of Company use the words “Or You Don’t Pay”, “Guaranteed”, “Guaranteed results”, “No risk”, “Backed by our guarantee” or “money back”. Where Customer is not achieving the results it expected, including any results referred to in Company’s advertising, the Money-Back Guarantee is the means by which Customer may recover the Fees paid.

9.3 How to Claim. Customer must submit its request by email to ammaar@delairautomations.com so that it is received no later than 11:59 p.m. (UK time) on the 30th day following the Effective Date, the Effective Date being the first day.

9.4 Amount and Timing. Company shall refund the full amount of the Fees paid (£250 for the Monthly Plan or £2,500 for the Annual Plan), without deduction for set-up, domain registration or messages sent, to the original payment method within 14 days of receiving the request.

9.5 Effect of Refund. Upon a refund under this Section 9, these Terms of Service shall terminate and the Services, including the Customer Website, shall be deactivated. Any domain name registered by Company for Customer shall remain the property of Company. Any domain name owned by Customer before the Effective Date shall remain the property of Customer, and all reviews left by Customer’s customers shall remain on Customer’s Google Business Profile. Section 11.9 shall apply to Customer Data.

9.6 Limitations. The Money-Back Guarantee is available once per business and shall not apply where the same business, or a business under the same ownership, subscribes again. The Money-Back Guarantee shall not apply where Company has terminated these Terms of Service under Section 11.5(b) by reason of fraud, fake reviews or unlawful messaging by Customer.

9.7 After 30 Days. Save as provided in Sections 11.6 and 18, Fees paid are not refundable after the period set out in Section 9.1. The Money-Back Guarantee is in addition to, and does not limit, Customer’s other rights under these Terms of Service or at law.

10. WEBSITE AND DOMAIN OWNERSHIP

10.1 Ownership Before Eight Months. Until the condition in Section 10.2 is met, Company owns the design and build of the Customer Website and the registration of any domain name registered by Company, which are made available to Customer as part of the Services. Customer Content remains the property of Customer at all times.

10.2 Transfer After Eight Months. Once Customer has paid Fees in respect of eight months of Services (in the case of an Annual Plan, eight months from the Effective Date), excluding any refunded period, ownership of the Customer Website and its domain name shall pass to Customer and shall remain with Customer notwithstanding any later cancellation.

10.3 Handover. Where ownership has passed under Section 10.2 and the Plan ends, Company shall, within 14 days of Customer’s written request: (a) transfer the domain name to a registrar account in Customer’s name; and (b) provide Customer with the pages, text and images of the Customer Website [confirm the handover method, e.g. as files which another web provider can use].

10.4 After Handover. Following handover, Customer shall be solely responsible for hosting, security, maintenance, updates and domain renewals. The review funnel, lead follow-up, missed call text back, the One-Click Marketing Campaign, the Platform and the Company materials described in Section 7.1 remain the property of Company and do not transfer.

10.5 Pre-Existing Domains. Any domain name owned by Customer before the Effective Date remains the property of Customer, and on termination Company shall direct it as Customer instructs.

11. TERM AND TERMINATION

11.1 Term. These Terms of Service commence on acceptance and shall continue until terminated in accordance with this Section 11. There is no minimum term.

11.2 Cancellation by Customer. Customer may cancel its Plan at any time by email to ammaar@delairautomations.com. Company shall confirm the cancellation in writing.

11.3 Monthly Plan. Cancellation of a Monthly Plan takes effect at the end of the monthly billing period in which notice is given, and no further Fees shall be charged. Fees for part-months are not refundable, save under Section 9.

11.4 Annual Plan and Renewal. The Annual Plan renews automatically for successive periods of 12 months unless cancelled. Company shall send Customer a reminder by email at least 30 days before each renewal date. Cancellation of an Annual Plan takes effect at the end of the then-current annual period. After the period set out in Section 9.1, Fees for unused months of an Annual Plan are not refundable, save under Sections 11.6 and 18.

11.5 Termination by Company. Company may suspend or terminate the Services immediately by notice to Customer if:

  1. any Fees remain unpaid 14 days after Company has notified Customer that they are overdue;
  2. Customer commits a material breach of these Terms of Service which is irremediable or, if remediable, is not remedied within 14 days of notice, including fraud, fake reviews or unlawful messaging; or
  3. Customer becomes insolvent, enters into administration, liquidation or bankruptcy, makes any arrangement with its creditors, or ceases to carry on business.

11.6 Termination for Convenience. Company may terminate these Terms of Service for any other reason by giving Customer not less than 60 days’ notice, in which case Company shall refund any Fees paid in respect of the period after termination.

11.7 Suspension. Company may suspend access to any portion or all of the Services where it reasonably suspects a breach of Section 12, or a risk to the security of the Services or the Platform, or where required by law, and shall either resume or terminate the Services within a reasonable period.

11.8 Effect of Termination. On termination: (a) the automations shall be deactivated; (b) the Customer Website shall be taken offline, save where ownership has passed to Customer under Section 10; (c) where Company provided a telephone number for Customer, Company shall, on request made before termination, assist Customer to port the number where the network operator permits; and (d) Company shall remove its access to Customer’s Google Business Profile, and all reviews shall remain on that profile.

11.9 Customer Data on Termination. On written request received within 30 days after termination, Company shall provide Customer with an export of its contacts and enquiries in a standard spreadsheet format. Company shall delete Customer Data within 90 days after termination, save where retention is required by law.

11.10 Survival. Sections 5, 7, 10, 16, 17, 19, 21 and 22, and any other provision which by its nature is intended to survive, shall survive termination of these Terms of Service.

12. PROHIBITED ACTIVITIES

12.1 Customer shall not use the Services, or instruct Company to use the Services, to:

  1. breach any applicable law or regulation, including the Data Protection Legislation;
  2. send marketing communications to any person otherwise than as permitted by PECR, or communications to persons who have not dealt with Customer;
  3. make false or misleading statements about Customer’s identity, qualifications, accreditations or services;
  4. harass, threaten or defame any person;
  5. introduce any virus or malicious code, or attempt to gain unauthorised access to, overload or disrupt the Services or the Platform;
  6. copy, reverse engineer, resell or sublicense the Services; or
  7. publish any content which infringes the rights of any third party.

12.2 Company may remove any content which breaches this Section 12, and may suspend or terminate the Services in accordance with Section 11.

13. COMMUNICATIONS AND SMS MESSAGING

13.1 Company may send Customer emails, telephone calls and text messages relating to bookings, set-up, account administration and billing. Message frequency varies according to account activity. Standard message and data rates charged by Customer’s network provider may apply.

13.2 Customer may stop receiving text messages by replying STOP to any message, or obtain assistance by replying HELP. Company shall continue to send essential account communications by email.

13.3 Call Recording. Company may record calls with Customer for training, quality and record-keeping purposes. Company shall inform Customer at the start of any call that is to be recorded, and shall not record the call if Customer objects.

13.4 Notices. Notices under these Terms of Service may be given by email: to Company at ammaar@delairautomations.com, and to Customer at the email address most recently provided to Company. Notices given by email constitute notice in writing.

14. THIRD-PARTY SITES AND PLATFORMS

The Websites and Services may link to, or depend upon, websites and services operated by third parties, including Google, HighLevel and mobile network operators. Such third parties are not under Company’s control, and Company is not responsible for their content, policies or decisions, including the filtering of text messages by a network operator or the suspension of a Google Business Profile. Customer’s use of any third-party service is subject to the terms and policies of that third party.

15. WARRANTIES AND DISCLAIMERS

15.1 Company warrants that it shall provide the Services with reasonable care and skill.

15.2 SAVE AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED.

15.3 EXCEPT FOR THE MONEY-BACK GUARANTEE IN SECTION 9, COMPANY DOES NOT WARRANT OR GUARANTEE ANY PARTICULAR NUMBER OF CALLS, ENQUIRIES, JOBS, REVIEWS, SEARCH RANKINGS, REVENUE OR OTHER RESULTS. CUSTOMER ACKNOWLEDGES THAT RESULTS DEPEND ON FACTORS OUTSIDE COMPANY’S CONTROL, INCLUDING CUSTOMER’S PRICING, LOCATION, REPUTATION AND RESPONSIVENESS.

15.4 COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MAINTENANCE, PLATFORM OUTAGES AND TELECOMMUNICATIONS FAILURES MAY CAUSE TEMPORARY INTERRUPTIONS.

16. LIMITATION OF LIABILITY

16.1 NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

16.2 SUBJECT TO SECTION 16.1, COMPANY SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CONTRACTS, GOODWILL OR ANTICIPATED SAVINGS, OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE.

16.3 SUBJECT TO SECTION 16.1, COMPANY’S TOTAL LIABILITY ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF £500 AND THE TOTAL FEES PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16.4 The parties acknowledge that the limitations set out in this Section 16 are reasonable having regard to the Fees and the nature of the Services.

17. INDEMNIFICATION

Customer shall indemnify Company against all losses, liabilities, fines, costs and expenses (including reasonable legal fees) arising from any third-party claim or regulatory action resulting from: (a) Customer Content, or Company’s use of it in accordance with these Terms of Service; (b) any communication sent to a person whom Customer was not entitled to contact; (c) any accreditation or other information displayed at Customer’s instruction which is inaccurate; (d) any fake or incentivised review arranged by Customer; or (e) Customer’s breach of Section 5.5 or Section 12. Company shall notify Customer promptly of any such claim, allow Customer to participate in its defence, and not settle any such claim in a manner requiring payment by Customer without Customer’s prior written consent, such consent not to be unreasonably withheld.

18. FORCE MAJEURE

Neither party shall be liable for any delay or failure in performance caused by events beyond its reasonable control, including failures of the Platform, telecommunications networks or internet service providers, acts of government, pandemic, fire, flood or industrial action. If such an event continues for more than 30 days, either party may terminate these Terms of Service by notice, and Company shall refund any Fees paid in respect of the period after termination.

19. CONFIDENTIALITY

Each party shall keep confidential all non-public business information disclosed to it by the other party, and shall use such information only for the purposes of these Terms of Service. This obligation does not apply to information which is or becomes public other than through a breach of this Section 19, which was lawfully known to the receiving party beforehand, or which must be disclosed by law.

20. CHANGES TO THESE TERMS OF SERVICE

20.1 Company may amend these Terms of Service from time to time. Company shall notify Customer by email at least 30 days before any material change takes effect. If Customer does not accept the change, Customer may cancel its Plan before the change takes effect, and the existing Terms of Service shall continue to apply until the cancellation takes effect.

20.2 Changes which are not material, including corrections, clarifications and changes required by law, shall take effect on publication on the Websites. The “Last Revised” date at the top of these Terms of Service indicates when they were last amended.

20.3 No amendment shall reduce the period of any Money-Back Guarantee which has already begun.

21. GENERAL

21.1 Entire Agreement. These Terms of Service, together with the Privacy Policy, the Fees applicable at the Effective Date and any terms agreed in writing under Section 1, constitute the entire agreement between the parties. Nothing in this Section 21.1 limits liability for fraudulent misrepresentation.

21.2 Assignment. Company may assign or transfer its rights and obligations under these Terms of Service, including to a company incorporated to carry on Company’s business or to a purchaser of that business, provided that Customer’s rights are not reduced, and Company shall notify Customer of any such transfer. Customer shall not assign or transfer its rights or obligations without Company’s prior written consent.

21.3 Third-Party Rights. A person who is not a party to these Terms of Service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

21.4 Severance. If any provision of these Terms of Service is found to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

21.5 Waiver. No failure or delay by either party in exercising any right shall operate as a waiver of that right.

21.6 Relationship of the Parties. The parties are independent contractors. Nothing in these Terms of Service creates a partnership, joint venture, agency or employment relationship between them.

22. GOVERNING LAW AND JURISDICTION

22.1 Dispute Resolution. Before commencing any proceedings, a party shall notify the other party in writing of the dispute, and the parties shall attempt in good faith to resolve it within 30 days.

22.2 Governing Law. These Terms of Service, and any dispute or claim (including any non-contractual dispute or claim) arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.

23. CONTACT US

In order to resolve a complaint regarding the Services, or to receive further information regarding their use, please contact us at:

[legal name], trading as Delair Automations
[company number and “Registered in England and Wales”, or delete this line if a sole trader]
[business or registered office address]
Email: ammaar@delairautomations.com
[VAT number, or delete this line if not registered]

© 2026 Delair INC.