Trading as : Berks Technologies Ltd
Company Number: 16437944
Registered Address: Unit 8 Elderway Waterside Drive, Langley, Slough, Birkshire, United Kingdom, SL3 6EP
Contact Email: [email protected]
Contact Phone : +44 80816 07252
These terms and conditions (“Terms”) govern your use of the services provided by Berks Technologies Ltd and its associated trading names (“Company”, “we”, “us”, “our”). By engaging with us or using our services, you acknowledge that you have read, understood, and agree to comply with these Terms.
IMPORTANT: By using our website, contacting us, and/or instructing our services, you are agreeing to these Terms and Conditions in full.
For the purposes of these Terms, the following definitions apply:
Applicable Law: All applicable laws, legislation, statutory instruments, regulations, and governmental guidance having binding force, whether local or national.
Bribery Laws: The Bribery Act 2010 and all Applicable Laws relating to bribery or anti-corruption.
Business Day: A day other than a Saturday, Sunday, or bank/public holiday.
Client: The named party in the Contract that has agreed to purchase the Services.
Confidential Information: Any commercial, financial, or technical information, information relating to the Services, plans, know-how, or trade secrets that is either obviously confidential in nature or has been identified as confidential.
Contract: The agreement between the Company and the Client for the supply and purchase of Services, incorporating these Terms and any Proposal.
Effective Date: The date the Contract for Services begins, as specified in the Proposal.
Force Majeure: Any event or sequence of events beyond a party’s reasonable control that prevents or delays it from performing its obligations under the Contract.
Proposal: The written proposal for Services issued by the Company and accepted by the Client.
Fees: The charges payable by the Client for the supply of the Services by the Company.
Services: The services described in the Proposal to be delivered by the Company.
Supplier / Company: Berks Technologies Ltd, including any of its associated trading names.
VAT: Value Added Tax under the Value Added Taxes Act 1994 or any similar sales or fiscal tax.
We provide a comprehensive range of technology and digital services, including but not limited to:
Software Development: End-to-end custom software solutions designed to reduce operational costs, streamline workflows, and deliver scalable, high-performance applications.
Website Design, Development, Hosting, and Management: Responsive and user-focused website design, tailored website development, e-commerce solutions, content management systems, secure hosting services, regular maintenance, security updates, and ongoing management to ensure optimal performance.
Search Engine Optimisation (SEO) & Digital Marketing: Comprehensive SEO services including keyword research and implementation, on-page and technical SEO improvements, content optimisation, link-building strategies, local SEO, and performance monitoring, alongside targeted digital marketing campaigns to maximise visibility and growth.
Business Process Automation (BPA) & IT Consulting: Bespoke BPA and RPA solutions that increase efficiency and scalability, paired with strategic IT consultancy to help clients align technology with business objectives and unlock their full digital potential.
Mobile App Development: High-performance mobile applications designed to improve engagement, accelerate time to market, and deliver seamless cross-platform user experiences.
Quality Assurance & Testing: Integrated manual and automated testing throughout the development lifecycle to guarantee quality, reliability, and performance across all deliverables.
Blockchain & AI Solutions: Secure blockchain applications, crypto integrations, and custom AI-powered solutions that automate workflows, predict trends, and support data-driven decision-making.
Maintenance & Support: Proactive monitoring, rapid bug resolution, performance optimisation, and continuous support to ensure long-term stability and efficiency.
The Services shall be deemed performed upon completion of the agreed deliverables as specified in the Proposal. We may provide Services in instalments, and any delay or defect in one instalment shall not entitle the Client to cancel or reject any other instalment.
We shall use reasonable endeavours to meet estimated dates for performance; however, such dates are indicative only. We accept no liability for any delay or failure in performance caused by the Client’s failure to provide necessary information, instructions, or cooperation, or as a result of Force Majeure.
Specific deliverables, timelines, performance metrics, and service-level agreements will be defined separately in contracts, statements of work, or service agreements.
By entering into an agreement with Berks Technologies Ltd, the Client agrees to:
Provide accurate and complete information required for the effective delivery of Services.
Review and approve deliverables within the agreed timeframes to avoid delays.
Appoint appropriate points of contact with the authority to make decisions on behalf of the Client.
Maintain timely communication and provide constructive feedback as reasonably required.
Grant the Company necessary access to accounts, systems, and information essential for the provision of Services.
Ensure that all materials, data, and content supplied by the Client comply with all applicable laws, regulations, and industry standards.
Promptly notify the Company of any issues, errors, or concerns relating to the Services delivered.
We shall not be held liable for any delay in, or failure of, performance of the Services where such delay or failure is caused by:
The Client’s failure to provide necessary and accurate information required for the delivery of Services.
The Client’s unavailability or failure to make themselves, or their representatives, reasonably accessible as required.
The Client’s failure to provide adequate or timely instructions essential for the performance of Services.
Any circumstances constituting Force Majeure.
All payments must be made strictly in accordance with the agreed invoices and payment schedules.
Unless otherwise specified in writing, our standard payment terms are 14 days from the date of invoice.
VAT (where applicable) will be charged at the prevailing statutory rate (currently 20%).
Late payments may accrue interest under the Late Payment of Commercial Debts (Interest) Act 1998, at a rate of 8% above the Bank of England base rate, until full payment is received.
For project-based work, commencement of Services is conditional upon receipt of any required deposits (typically 50% of the total project fee).
For recurring or subscription-based Services, Clients must maintain valid payment details on file or establish standing order/direct debit arrangements.
Any Services requested outside the agreed scope shall be subject to a separate quotation and invoiced accordingly.
We reserve the right to suspend or withhold the delivery of Services where accounts remain unpaid beyond the agreed terms.
All fees are subject to annual review and may be revised with 30 days’ prior written notice.
All cancellation requests must be submitted in writing to the Client’s account manager or via email.
For ongoing or recurring services, a minimum notice period of 30 days is required.
Contracts will terminate in accordance with the provisions set out in the Proposal.
For agreements with a fixed Original Term, the Contract shall automatically renew on a rolling monthly basis (the Extended Term) unless terminated by either party with no less than two months’ written notice prior to the expiry of the Original Term or any subsequent Extended Term.
If a Contract is terminated before the conclusion of the Original Term or any Extended Term, the Client shall remain liable for the full balance of Fees due for the remainder of that term.
Either party may terminate the Contract if the other party:
Commits a material breach which is not remedied within 14 days of receiving written notice, or
Fails to make payment of any undisputed amount within 30 days following notification of overdue payment.
The Company reserves the right to terminate the Contract at any time by providing the Client with four weeks’ written notice.
Refunds will only be considered where Services have not yet commenced.
Deposits for all custom project work are strictly non-refundable.
All outstanding invoices must be settled in full, regardless of cancellation or termination.
The termination or expiry of the Contract shall not affect any rights, remedies, or liabilities accrued up to the effective date of termination.
Clients agree not to publish, communicate, or otherwise disseminate any false, misleading, or defamatory statements regarding Berks Technologies Ltd, its services, or its personnel. This obligation applies to both public and private forums, including but not limited to social media platforms, online reviews, press or media publications, industry events, and business communications.
This prohibition specifically includes, but is not limited to:
False or inaccurate claims relating to the delivery, quality, or performance of our Services.
Misleading statements concerning pricing, contractual obligations, or payment terms.
Unsubstantiated allegations regarding the Company’s business practices, ethics, or compliance.
Personal or professional attacks directed at our employees, contractors, or representatives.
Each party agrees that it has not, and shall not, directly or indirectly, make, publish, or otherwise communicate any disparaging, derogatory, or defamatory statements—whether oral, written, or digital—that are intended to, or could reasonably be expected to, harm the business, professional reputation, or financial standing of the other party, including their present or former directors, officers, shareholders, agents, employees, or contractors.
Any defamatory or disparaging actions may result in legal remedies being pursued, including but not limited to reputational damage claims, cease and desist notices, and/or claims for financial compensation.
For clarity, this clause does not restrict the Client’s right to provide fair, factual reviews, or to raise legitimate complaints through appropriate, formal channels.
The Client shall keep strictly confidential all Confidential Information belonging to Berks Technologies Ltd (“the Company”) and shall use such information solely for the purpose of performing the Contract. Both parties agree to maintain the highest standards of confidentiality with respect to any non-public information exchanged in connection with the Services.
Confidential Information includes, but is not limited to:
Business strategies, technology roadmaps, and operational plans.
Client, customer, and prospect lists.
Financial information, pricing models, and commercial terms.
Proprietary methodologies, intellectual property, and internal processes.
Technical specifications, source code, and system or account access credentials.
Client or customer data, analytics, and performance reports.
Information shared in confidence shall not be disclosed to any third party without the prior written consent of the disclosing party, except where disclosure is required by law, regulation, or court order, or where necessary for the purpose of obtaining professional legal, financial, or technical advice (provided such advisors are also bound by confidentiality obligations).
The Client shall not make any public announcement, press release, or other disclosure regarding the existence, terms, or subject matter of the Contract, except to the extent required by law or regulatory authority.
These confidentiality obligations shall continue beyond the termination or expiry of the Contract and shall remain in effect in perpetuity.
The extent of each party’s liability under or in connection with the Contract (whether arising in contract, tort, negligence, misrepresentation, or otherwise) shall be as set out in this clause.
We shall not be liable for any indirect, incidental, special, punitive, or consequential losses of any kind.
Our total aggregate liability, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Client under the Contract.
We shall not be liable for any:
Loss of profit, revenue, business, or anticipated savings.
Loss, corruption, or inaccessibility of data.
Loss of contracts, opportunities, or business relationships.
Loss of production, downtime, or business interruption.
Harm to reputation, goodwill, or brand value.
Failures of third-party systems, platforms, hosting providers, or integrations outside our reasonable control.
We do not guarantee specific results from technology, digital, or optimisation projects and shall not be responsible for external factors outside our control, including but not limited to market conditions, competitor actions, regulatory changes, platform policies, or algorithm modifications.
We accept no liability for errors, inaccuracies, or losses arising from content, data, or instructions provided or approved by the Client.
These limitations shall not apply to indemnities expressly provided under the Contract.
Nothing in this clause shall limit or exclude liability for:
Death or personal injury caused by negligence.
Fraud or fraudulent misrepresentation.
Any other liability which cannot lawfully be excluded or limited under Applicable Law.
The Client shall indemnify and keep indemnified Berks Technologies Ltd against any losses, damages, liabilities, costs (including reasonable legal fees), and expenses incurred as a result of or in connection with:
The Client’s breach of the Contract.
The Client’s failure to comply with Applicable Law.
Any claim that materials, data, or content provided by the Client infringe the rights of any third party.
The Client shall maintain, at its own cost, contracts of insurance with reputable insurers incorporated in the United Kingdom sufficient to cover its obligations under these Terms.
On request, the Client shall provide evidence of such insurance policies and, if reasonably required, shall assign to Berks Technologies Ltd the benefit of such insurance.
Governing Law: These Terms are governed by and construed in accordance with the laws of England and Wales.
Jurisdiction: The parties agree that the courts of England and Wales shall have exclusive jurisdiction over any disputes arising under or in connection with these Terms.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement: These Terms, together with the Proposal and any referenced documents, constitute the entire agreement between the parties and supersede any prior agreements, discussions, or understandings.