1. Agreement to Terms
By accessing or using the PowerTech365 website (powertech365.co.uk) or engaging our consulting services, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our website or services.
These Terms constitute a legally binding agreement between you and PowerTech365 (“we”, “us”, “our”). We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our services after any changes constitutes acceptance of the updated Terms.
2. Use of Website
2.1 Permitted Use
You may use our website for lawful purposes only and in accordance with these Terms. You agree not to:
- Use the website in any way that violates any applicable law or regulation
- Attempt to gain unauthorised access to any part of the website, servers, or networks
- Introduce viruses, malware, or other harmful code
- Scrape, copy, or redistribute content without permission
- Use automated systems (bots, scrapers) to access the website
- Impersonate another person or misrepresent your affiliation
2.2 Account Security
If you create an account or access protected areas of our website, you are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
3. Intellectual Property Rights
3.1 Our Content
All content on this website, including text, graphics, logos, images, code, and design elements, is the property of PowerTech365 or our licensors and is protected by UK and international copyright, trademark, and intellectual property laws.
You may not copy, reproduce, distribute, modify, or create derivative works from our content without express written permission.
3.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes, subject to these Terms.
3.3 Trademarks
PowerTech365, our logo, and other marks are trademarks of PowerTech365. You may not use our trademarks without prior written consent.
4. Consulting Services
4.1 Service Agreements
Our consulting services are provided under separate written agreements (“Service Agreements”) that detail scope, deliverables, timelines, and pricing. These Terms do not supersede specific provisions in Service Agreements.
4.2 Discovery Calls
Free discovery calls are provided for informational purposes only and do not constitute consulting services or create a client relationship. No confidential or proprietary information should be shared during discovery calls unless covered by a separate non-disclosure agreement.
4.3 Service Delivery
We will make reasonable efforts to deliver services on time and to specification. However, timelines may be affected by factors outside our control, including client availability, third-party dependencies, and technical limitations.
4.4 Client Responsibilities
Clients are responsible for:
- Providing timely access to required systems, data, and personnel
- Reviewing and approving deliverables within agreed timeframes
- Maintaining appropriate licences for Microsoft Power Platform and related services
- Ensuring compliance with their own legal and regulatory obligations
5. Payment Terms
Unless otherwise specified in a Service Agreement:
- All prices are quoted in GBP (£) and exclude VAT unless stated
- Invoices are due within 14 days of issue
- Late payments may incur interest charges at 8% above the Bank of England base rate
- We reserve the right to suspend services for non-payment
- Refunds are provided only as specified in Service Agreements
6. Confidentiality and Data Protection
6.1 Confidential Information
We will treat all client information as confidential and will not disclose it to third parties without consent, except as required by law or to fulfil our obligations under Service Agreements.
6.2 Data Protection
We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the UK GDPR and Data Protection Act 2018.
6.3 Client Data
Clients retain all rights to their data. We will return or delete client data upon request and in accordance with Service Agreements, subject to legal retention requirements.
7. Warranties and Disclaimers
7.1 Website “As Is”
Our website is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding:
- The accuracy, completeness, or reliability of website content
- Uninterrupted or error-free operation
- Security or freedom from viruses
- Fitness for a particular purpose
7.2 Service Warranties
For consulting services delivered under Service Agreements, we warrant that:
- Services will be performed in a professional and workmanlike manner
- We have the necessary expertise and resources to deliver services
- Deliverables will conform to specifications in Service Agreements
7.3 Third-Party Services
We are not responsible for the performance, availability, or functionality of third-party services (including Microsoft Power Platform services) that we integrate or recommend. Microsoft licensing and support are the client’s responsibility.
8. Limitation of Liability
8.1 General Limitations
To the maximum extent permitted by law, PowerTech365 shall not be liable for:
- Indirect, incidental, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Service interruptions or system failures
- Third-party actions or services
8.2 Maximum Liability
Our total liability under any Service Agreement shall not exceed the total fees paid by the client for the specific services giving rise to the claim, or £10,000, whichever is lower.
8.3 Exceptions
Nothing in these Terms excludes or limits liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded by law
9. Indemnification
You agree to indemnify and hold PowerTech365 harmless from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of our website or services
- Your violation of these Terms
- Your infringement of any third-party rights
- Your breach of applicable laws or regulations
10. Termination
10.1 Website Access
We reserve the right to suspend or terminate your access to our website at any time, without notice, for violation of these Terms or any other reason.
10.2 Service Agreements
Either party may terminate a Service Agreement in accordance with its termination provisions. Upon termination:
- The client must pay for all services rendered up to the termination date
- We will provide completed deliverables and client data as specified
- Each party will return or destroy confidential information
11. Governing Law and Jurisdiction
These Terms and any disputes arising from them shall be governed by the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales for resolution of any disputes.
12. Third-Party Links
Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of these external sites. Accessing third-party links is at your own risk.
13. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, labour disputes, internet outages, or government regulations.
14. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.
15. Entire Agreement
These Terms, together with our Privacy Policy and any applicable Service Agreements, constitute the entire agreement between you and PowerTech365 regarding use of our website and services, superseding any prior agreements or understandings.
16. Contact Information
If you have any questions about these Terms, please contact us:
PowerTech365
Email: hello@powertech365.co.uk
Website: powertech365.co.uk