Terms of Service

1. Who we are

This website is operated by Hashira Ltd, a private limited company registered in England and Wales with company number 17478742, and registered office at 128 City Road, London EC1V 2NX, United Kingdom.

In these terms, "we", "us" and "our" mean Hashira Ltd. "You" means the person or organisation accessing this website or purchasing from us.

You can contact us at hello@hashiraltd.co.uk.

2. Scope of these terms

These terms apply to:

• your use of this website;
• the professional and technical services we provide; and
• goods purchased from our online store.

Where we agree a separate written contract or statement of work with you, that document takes precedence over these terms to the extent of any conflict.

If you are a consumer, you have statutory rights under UK consumer law. Nothing in these terms affects those rights. Where a provision of these terms would reduce a statutory right, that provision does not apply to you.

3. Our services

We provide the following services:

• Software development — bespoke software for businesses and consumers;
• IT services and technical consulting — systems integration, infrastructure review and support;
• Cloud hosting and data processing — managed hosting and data pipelines; and
• Online retail — sale of software licences, digital products and hardware accessories.

Descriptions of services on this website are for general information. The precise scope of any engagement is set out in the written proposal or statement of work we issue to you.

4. Quotes and orders

4.1 Professional and technical services

We do not begin billable work until you have accepted a written proposal. A proposal is valid for 30 days from the date of issue unless it states otherwise. An engagement begins when you confirm acceptance in writing, including by email.

If the scope of work changes materially after acceptance, we will issue a written variation setting out the effect on price and timeline. Work on the variation begins only after you accept it.

4.2 Goods purchased from the store

Your order is an offer to buy. A contract is formed when we confirm the order by email. If we cannot accept an order — for example because an item is unavailable or a price was displayed in error — we will tell you and refund any payment taken.

5. Prices and payment

• All prices are quoted in pounds sterling (GBP) unless stated otherwise. Service engagements may be quoted and invoiced in USD or EUR on request; store purchases are always charged in GBP.
• Prices exclude VAT unless expressly stated. VAT is charged at the applicable rate where required.
• We contact you after the order to arrange payment. No card payment is taken on this website.
• Invoices are payable within 14 days of the invoice date unless agreed otherwise in writing.
• For project work, we may invoice a deposit before work begins and further amounts at agreed milestones.
• For hosting and data processing subscriptions, fees are payable monthly in advance.
• We may charge interest on overdue amounts at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998, where applicable.

We may change our prices. Changes do not affect orders already confirmed, and we will give at least 30 days' notice of any change to a recurring subscription.

6. Your obligations

Where we provide services to you, you agree to:

• provide accurate, complete and timely information and materials we reasonably need;
• respond to requests for decisions, feedback or approvals within a reasonable time;
• nominate a single point of contact with authority to make decisions about the work;
• ensure you have all necessary rights and permissions in any material you supply to us; and
• hold adequate backups of your own data. Where we host or process data for you, this does not remove your responsibility to retain independent copies of business-critical information.

Where a delay is caused by you, agreed timelines may be adjusted accordingly, and we reserve the right to charge for time lost at our standard rates.

7. Acceptable use

You must not use this website, or any service we provide, to:

• break any applicable law or regulation, or facilitate anyone else doing so;
• infringe the intellectual property or privacy rights of any person;
• distribute malware, conduct denial-of-service attacks, or attempt to gain unauthorised access to any system;
• send unsolicited bulk communications;
• host, publish or distribute content that is defamatory, obscene, or that promotes violence or hatred;
• process special category personal data without a lawful basis and our prior written agreement; or
• resell our services unless we have agreed in writing that you may do so.

We may suspend or terminate a service immediately where we reasonably believe there is a breach of this section, or where continued provision would expose us or a third party to legal or security risk. Where it is practical to do so, we will warn you first and give you an opportunity to put things right.

8. Intellectual property

8.1 Our website and brand

All content on this website — text, layout, graphics, code and the Hashira name and logo — is owned by us or licensed to us. You may view and print pages for your own use. You may not reproduce, republish or redistribute our content for commercial purposes without our written permission.

8.2 Bespoke software we develop for you

Unless a written contract says otherwise, on full payment of all fees we assign to you the intellectual property rights in software we develop specifically for you under a statement of work. This does not transfer:

• our pre-existing materials, tools, libraries and know-how, which remain ours and which you may continue to use as embedded in the delivered software;
• third-party components, which remain subject to their own licence terms; or
• general skills, techniques and experience our team acquires.

Where we develop software for you, you grant us a licence to retain and use a copy of the deliverables for the purposes of support, maintenance and our internal records.

8.3 Store products

Software licences sold through our store are supplied under the terms of the relevant publisher. A licence is personal to the purchaser and, once revealed, cannot be resold or transferred. Digital products we produce ourselves are licensed for your own use and may not be redistributed.

9. Data protection

We process personal data in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018. Our Privacy Policy explains what we collect, why, how long we keep it, and your rights.

Where we process personal data on your behalf as part of a hosting or data processing service, we act as a processor and you act as controller. In that case we will enter into a separate data processing agreement on request, and we will only process that data on your documented instructions.

Unless agreed otherwise in writing, client data is processed and stored within the United Kingdom and the European Union.

10. Liability

10.1 What we do not exclude

Nothing in these terms limits or excludes our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• breach of the terms implied by section 49 of the Consumer Rights Act 2015; or
• any other liability that cannot lawfully be limited or excluded.

10.2 What we exclude

To the fullest extent permitted by law, we are not liable for loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, or any indirect or consequential loss, whether arising in contract, tort (including negligence) or otherwise.

10.3 Cap on liability

Subject to section 10.1, our total aggregate liability arising out of or in connection with an engagement is limited to the greater of:

• the total fees paid by you to us under the relevant proposal or statement of work in the twelve months preceding the claim; or
• £10,000.

For goods purchased from our store, our liability is limited to the price paid for the goods concerned, without prejudice to your statutory rights.

10.4 Service levels

Where we agree a service level for hosting or support, it is set out in the applicable proposal or service description. Service credits, where offered, are the sole remedy for a failure to meet an agreed service level.

11. Suspension and termination

• Either party may terminate a rolling agreement by giving 30 days' written notice.
• Fixed-scope projects may be terminated by you at any time; you remain liable for work completed and for costs irrevocably committed up to the date of termination.
• We may terminate immediately if you commit a material breach that is not remedied within 14 days of written notice, or if you become insolvent.
• On termination you must pay all outstanding amounts. We will provide the deliverables produced up to that point, subject to payment.

12. Complaints

If you are unhappy with anything, please email hello@hashiraltd.co.uk with the subject line Complaint. We will acknowledge your complaint within two business days and aim to resolve it within ten.

If you are a consumer and we cannot resolve a complaint between us, you may be able to refer the matter to a certified alternative dispute resolution provider. This does not affect your right to bring a claim in court.

13. Changes to these terms

We may update these terms from time to time. The version that applies to you is the one published on this page at the time you place an order or accept a proposal. The "last updated" date at the top of this page shows the current version. We will give reasonable notice of material changes.

14. Governing law

These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising from them, except that if you are a consumer resident in Scotland or Northern Ireland you may bring proceedings in your local courts.

Contact

Hashira Ltd
128 City Road
London EC1V 2NX
United Kingdom
Email: hello@hashiraltd.co.uk
Company No. 17478742