These Terms of Business outline the working relationship between Burrows Digital Consultants Ltd and our clients. They ensure clarity, protect both parties, and establish the foundation for successful project collaboration.
1. Definitions
- Supplier: Burrows Digital Consultants Ltd (Company number 04773361), registered at 182 Worcester Road, Bromsgrove, Worcestershire, England, B61 7AZ.
- Customer: The individual or company entering into this contract with the supplier.
- Project: Any commissioned work including HubSpot integration, RevOps consultancy, system migrations, website development, or other services we provide.
- Contract: The agreement between supplier and customer based on these Terms of Business.
- Impact: Any situation where either party acts in a way that prevents the other from fulfilling contractual obligations, including failure to respond to communications within agreed timeframes.
2. Communication
Response Times
- Standard emails: 48-hour response time
- Urgent matters: See Section 10 (Response Times)
- Phone calls/WhatsApp: Returned within one working day
- Support hours: Monday to Friday, 9:00am to 5:00pm
Project Requests
When making requests, please include:
- Desired completion date and any absolute deadlines
- Comprehensive description of requirements
- Visual references or mockups (where appropriate)
- Context, objectives, and technical specifications
- Any relevant examples or references
All materials should be organised and provided before work begins, preferably in a single email with relevant attachments to avoid delays and duplication of efforts.
Communication Channels
Please communicate via email in the first instance. We do not respond to informal requests via personal social media accounts or text messages.
3. Contract Terms
These Terms of Business apply to all customers unless otherwise agreed in writing. By accepting a quote, you agree to these terms.
We reserve the right to update these terms periodically with appropriate notification.
4. Quotes and Costs
Estimates and Quotations
- Initial project estimates are provided upon request
- Final costs may differ from initial estimates depending on project evolution
- All quotes are valid for 30 days unless otherwise specified
Additional Charges
- Work beyond the agreed scope will incur additional charges
- Changes to documented specifications will be billed separately
- All additional costs will be confirmed via email before work commences
Confidentiality
All quotes, estimates, notes, and other project documents are commercially confidential and may not be disclosed to third parties without written consent.
Payment Terms
- Deposits are due immediately upon project initiation
- Remaining balance as per the agreed payment plan
5. Project Commencement
Work begins upon receiving written approval of the proposal via email, which serves as the official agreement between customer and supplier.
6. Third-Party Services
We may engage third-party contractors to perform certain aspects of your project. While we take reasonable precautions in selecting these partners, we cannot be held responsible for their services, errors, or omissions.
7. Project Variations
- Omitted work from fixed price quotations will be assessed and deducted from the final amount
- Additional work beyond the original specification will be evaluated and added to the final project cost
8. Agile Development
Project Evolution
- Integration projects often evolve during development
- We recommend including a 10% contingency in your budget for unforeseen requirements
- Changes to specifications or costs will be discussed before additional work begins
Third-Party Services
We may recommend and configure third-party services to enhance your HubSpot implementation. We are not liable for any interruption or changes to these third-party services.
Testing
We test all implementations across major browsers and devices including Chrome, Firefox, Safari, Edge, Android, and iOS.
API Usage and Rate Limits
- We work within HubSpot API constraints and rate limits
- API limitations may impact project functionality or timeline
- We design solutions to optimise API usage and minimise rate limit issues
- Additional costs may apply for complex API requirements or workarounds
9. Technical Support
- Support is available Monday to Friday, 9:00am to 5:00pm
- Support requests should be directed to support@burrowsconsultancy.com
- Requests outside the scope of your support agreement may incur additional costs
Maintenance and Support Plans
We offer several tiers of ongoing support following project completion:
- Standard Support: Basic technical assistance and minor updates
- Enhanced Support: Priority response times, regular maintenance, and system monitoring
- Premium Support: Dedicated support contact, proactive monitoring, and strategic consultation
Each support tier includes specific response times, included hours, and service levels which will be detailed in your support agreement.
10. Response Times
We classify and respond to support requests according to the following priority levels:
- Urgent: Issues causing system inactivity or severe operational disruption (1 business day)
- High: Issues directly affecting revenue but not considered urgent (2 working days)
- Normal: Issues affecting user experience without direct revenue impact (5 working days)
- Low: Minor issues not preventing typical user experience (10 working days)
11. Intellectual Property
Ownership
- Working files and source code remain our property until final payment
- Upon payment completion, ownership of digital assets transfers to the customer
- We will not reuse your content or images without permission
- We reserve the right to use projects for our portfolio and promotional purposes
12. Hourly Rate Charges
- Our standard hourly rate of £120 + VAT applies to any work that falls outside agreed project quotations or is not covered by an active support contract
- All hourly rates are subject to annual review with prior notification to clients
- Support requests are billed for a minimum of 60 minutes, with subsequent time charged in 15-minute increments
13. Project Approval and Acceptance Testing
Approval Process
- The customer must formally approve a project before it goes live
- Post-approval modifications may result in delays and additional charges
Acceptance Testing
- We provide a testing plan outlining the criteria for project completion
- Customers have 10 working days to test deliverables and report issues
- Issues within project scope will be resolved at no additional cost
- Issues outside project scope will require approval of additional costs
- Failure to report issues within the testing period constitutes acceptance
14. Scope Change Management
We manage project scope using the following process:
- Change Request: Customer submits detailed change request
- Impact Assessment: We evaluate timeline, cost, and technical implications
- Change Proposal: We provide a written proposal for the requested changes
- Approval: Customer provides written approval before work commences
- Implementation: Changes are implemented and tested
- Documentation: All changes are documented in project specifications
All scope changes require written approval and may affect project timelines and costs.
16. Billing and Payment
Standard Payment Schedule
- 50% deposit to initiate work
- Final balance due within 30 days of project completion and approval
- Large projects may be divided into monthly interim invoices
Payment Methods
- Payment via bank transfer
- Payment via Stripe available (subject to Stripe processing fees: +2% for UK cards, +3.5% for international cards)
- Custom payment terms available upon agreement
Late Payment
- All invoices are due within 30 days of issue
- Late payments will incur interest at the Bank of England base rate plus 8% per annum, calculated daily from the due date until full payment is received
- Statutory late payment compensation fees may apply
- Persistent non-payment may result in debt collection proceedings
17. Data Protection and GDPR Compliance
Data Processing
- We process client data only as necessary to fulfil our contractual obligations
- We implement appropriate technical and organisational measures to protect data
- We act as a data processor when handling your customer data during integrations
Data Security
- We maintain appropriate security measures to protect client data
- We notify clients promptly of any data security incidents
- We do not use client data for purposes beyond project requirements
Data Transfer
When migrating data:
- We ensure secure transfer methods are used
- We maintain data integrity during migration processes
- We delete temporary data copies once migration is complete
18. Performance Expectations
- We ensure all deliverables meet the agreed specifications
- Issues with specified functionality will be corrected at no additional cost
- Problems outside the project scope will require approval of additional costs
- Customer modifications to code or admin settings may invalidate support agreements
19. Liability Limitations
- We accept no responsibility for project delays
- We accept no responsibility for the performance of any system, integration, or service developed for the customer beyond ensuring it meets agreed specifications
- Our total liability is limited to the amount paid for the project
20. Professional Indemnity Insurance
We maintain professional indemnity insurance coverage to the value of £1,000,000 to protect both our business and our clients. This insurance provides coverage for claims arising from professional negligence or errors in the services we provide.
A copy of our insurance certificate can be provided upon request. While this insurance provides substantial protection, it does not override the liability limitations specified in these Terms of Business.
21. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to:
- Natural disasters or severe weather events
- Power outages or telecommunications failures
- HubSpot platform changes or outages
- Acts of government or regulatory changes
- Public health emergencies
22. Non-Solicitation
The customer agrees not to directly solicit or hire our employees or contractors for a period of 12 months following project completion without written consent. Violation of this clause will result in compensation equal to six months of the employee’s salary.
23. Contract Termination
- We may terminate contracts if the customer becomes insolvent
- Lack of response from a customer for 30+ days may result in contract termination
- If project progress is impacted by the customer, we may provide 14 days’ notice before termination
- Upon termination, we will invoice for work completed to date
For questions about these Terms of Business, please contact us at support@burrowsconsultancy.com.
Last updated: 14 January 2025
