Terms and Conditions

This Terms and Conditions (“Agreement”) sets forth the general terms and conditions of your use of the Blue Canoe website (“Website”), “Blue-Canoe Hosted Email” (“Email”) and any related products and services (collectively, “Services”). This Agreement is legally binding between you (“Client”, “User”, “you”, or “your”) and Nigel Frankcom t/a Blue Canoe (“Blue Canoe”, “we”, “us”, or “our”).

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have authority to bind such entity. If you do not agree, you must not access or use the Services.

Use of our Services is also governed by our Privacy Policy, Cookies Policy and our Acceptable Use Policy.

Accounts and membership

If you create an account, you are responsible for maintaining its security and for all activity under it. Provide accurate details and notify us promptly of any unauthorised use. We may suspend, disable, or delete accounts for breach or behaviour likely to damage our reputation or the Services.

Billing and payments

You shall pay fees in line with the pricing and billing terms in effect when due. We may request identity verification for high-risk transactions. We reserve the right to change products and pricing at any time, and to refuse, limit, or cancel orders. If we change or cancel an order, we may attempt to notify you using the details provided at checkout. All fees are payable in GBP (£) unless otherwise stated.

Promotions and Special Offers

From time to time Blue Canoe may advertise or apply discounts, trial pricing, or promotional credits (“Offers”). Unless otherwise stated in writing:

• Offers apply only to new orders placed during the advertised period and cannot be applied retrospectively or combined with other discounts.
• Offers are valid for the initial term or first billing period only; standard rates apply thereafter.
• Blue Canoe may modify or withdraw any Offer at any time without prior notice.
• Misuse of an Offer, or use inconsistent with its published terms, may result in withdrawal and re-billing at standard rates.

Accuracy of information

We may occasionally publish information that contains typographical errors, inaccuracies, or omissions relating to pricing, availability, or promotions. We reserve the right to correct errors and to change or update information without prior notice.

Advertisements

Your correspondence or dealings with advertisers or sponsors are solely between you and such third parties. We are not liable for any resulting loss or damage.

Links to other resources

Links from the Website to other resources do not imply approval or endorsement. You access third-party resources at your own risk.

Prohibited uses

You may not use the Services to: violate laws; infringe IP rights; harass or discriminate; submit false or misleading information; introduce malware; spam, phish, or scrape; engage in obscene or unlawful activity; or interfere with security features. For network/hosting/email rules, see our Acceptable Use Policy.

Intellectual property rights

This Agreement does not transfer to you any IP owned by Blue Canoe or third parties; all rights remain with their respective owners. Your use grants no right or licence to reproduce Blue Canoe or third-party marks.

Project Deliverables and Intellectual Property Assignment

Upon receipt of full and cleared payment for the relevant project, Blue Canoe assigns to the Client all rights, title, and interest in the specific deliverables produced for that project (“Deliverables”), excluding any pre-existing tools, frameworks, scripts, libraries, or general-purpose components used to produce them (“Pre-existing Materials”).

Blue Canoe retains ownership of all Pre-existing Materials and general methods. The Client receives a perpetual, non-exclusive licence to use any Pre-existing Materials solely as incorporated into the Deliverables.

Delivery of Deliverables is electronic. Risk in the Deliverables passes to the Client upon delivery. Until full payment is received, all rights remain with Blue Canoe, and we may suspend licences or access.

The Client warrants that materials, content, or data it supplies do not infringe third-party rights, and grants Blue Canoe a licence to use them for the project. Blue Canoe may retain a copy of the Deliverables for archival, demonstration (portfolio), and maintenance purposes unless the Client requests confidentiality in writing.

Warranty for Deliverables

Blue Canoe warrants that Deliverables will materially conform to the agreed specification for 30 days from delivery. Remedies are limited to correction or reasonable workaround. Changes, enhancements, or issues arising from third-party services, client content, or environments are out of scope and billed at the prevailing rate.

Delivery Estimates

Any dates supplied for delivery or milestones are good-faith estimates for planning only and are not guaranteed unless expressly agreed in writing.

Disclaimer of warranty

The Services are provided on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Limitation of liability

To the fullest extent permitted by law, Blue Canoe and its affiliates shall not be liable for indirect, incidental, special, punitive, or consequential damages. The aggregate liability related to the Services shall not exceed £1 or the amount actually paid by you to Blue Canoe in the one (1) month period preceding the event giving rise to the claim, whichever is greater.

Indemnification

You agree to indemnify and hold Blue Canoe harmless from claims arising from your content, your use of the Services, or your wilful misconduct.

Confidentiality

Each party will treat as confidential any non-public business, technical, or financial information received from the other and will not disclose it except as required to perform this Agreement or by law. Exceptions apply for information that is public, previously known, or independently developed. These obligations survive termination.

Force Majeure

Neither party is liable for delay or failure due to events beyond reasonable control (including but not limited to fire, flood, epidemic, war, terrorism, power/network outages, industrial disputes, or government action). If such an event continues for more than 30 days, either party may terminate the affected Services by written notice, with payment due for work already performed.

Termination

Either party may terminate this Agreement or any Service on written notice if the other party (a) commits a material breach and fails to remedy it within 14 days, or (b) becomes insolvent or ceases trading. We may suspend or terminate Services immediately for persistent late payment, abuse, or violation of the Acceptable Use Policy. Upon termination, all sums due remain payable; any licences granted cease unless otherwise agreed in writing.

Document Hierarchy

These Terms operate with our Privacy Policy, Cookies Policy and Acceptable Use Policy. If there is a conflict, the order of precedence is: (1) Terms and Conditions; (2) Acceptable Use Policy; (3) Privacy Policy; (4) Cookies Policy.

Changes and amendments

We may modify these Terms from time to time by posting an updated version with a new “updated” date. Continued use after the effective date constitutes acceptance.

Contacting us

Email: administration@blue-canoe.net
Postal address:

Blue Canoe
Unit 159528, PO Box 6945
London W1A 6US
United Kingdom

Effective: 16 October 2025 · Version: BCv1.0.final · Governing law: England & Wales.

This document may be supplemented by project-specific Schedules or Addenda.