These Terms & Conditions (“Terms”) apply to services supplied by Visionary Media UK (“Visionary Media UK”, “we”, “us” or “our”) and to use of our website.
The person or organisation purchasing or receiving our services is referred to as the “Client” or “you”.
By ordering, purchasing, subscribing to or otherwise agreeing to proceed with a service, you agree to these Terms together with the information displayed on the relevant product or service page at the time of purchase and any applicable quotation, proposal, order form or separately agreed written terms.
Visionary Media UK provides creative, digital, marketing and related business services, which may include:
The exact specification, price, billing frequency, inclusions, limitations and minimum term applicable to a service will be displayed on the relevant product or service page and/or provided within a quotation, proposal or other written agreement.
The information displayed on the relevant Visionary Media UK product or service page at the time the Client places an order or agrees to proceed forms part of the agreement between Visionary Media UK and the Client.
This includes any clearly displayed:
The Client should review this information before proceeding with an order.
Where individually negotiated written terms expressly conflict with these general Terms, the individually negotiated terms will take precedence in relation to that particular matter.
Certain Visionary Media UK services are supplied subject to a minimum service term.
The applicable minimum term will be clearly displayed on the relevant product or service page and may also appear within the Client’s quotation, proposal, order or other written communication.
The minimum term displayed when the Client orders or agrees to proceed with the service forms part of the contract.
For example, where a product page states:
“12 month minimum term”
the service is supplied subject to a minimum contractual period of 12 months.
By proceeding with the order, the Client acknowledges the minimum term displayed for that service and agrees to enter into the service for that period.
A monthly price describes the billing frequency, not necessarily the contractual duration.
4. During the Minimum Term
During an agreed minimum term, both Visionary Media UK and the Client remain bound by the applicable agreement.
A Client choosing not to use the service, failing to provide content or information, ceasing communication or cancelling a payment method does not by itself terminate the contract.
The Client must contact Visionary Media UK if they wish to terminate a service.
Nothing within this section restricts any statutory cancellation or termination right which the Client is legally entitled to exercise.
A Client may request termination of a service before completion of its minimum term by contacting Visionary Media UK in writing.
Where early termination is agreed and the Client does not have a statutory or contractual right to terminate without charge, Visionary Media UK may charge a reasonable Early Termination Charge of up to £100.
The Early Termination Charge is not a penalty for cancelling.
It is intended only to compensate Visionary Media UK for reasonable costs and losses directly associated with the Client ending the agreement before completion of the agreed minimum term. These may include reasonable administration, account closure, committed third-party costs, work undertaken in anticipation of the remaining service and other reasonably incurred costs or losses resulting from the early termination.
The Early Termination Charge will not exceed £100.
Where Visionary Media UK’s reasonable costs and losses resulting from early termination are less than £100, the charge will be reduced accordingly.
Where no reasonable cost or loss has been incurred that justifies an Early Termination Charge, no such charge will be made.
Visionary Media UK may waive or reduce an Early Termination Charge at its discretion.
Any amounts which had already become due before termination remain payable.
This clause does not apply where the Client has a statutory right to terminate without such a charge, including where imposing the charge would be contrary to applicable consumer law.
This structure is designed to make the charge compensatory rather than punitive. Government guidance says cancellation charges need to be reasonable and that simply putting a cancellation charge into a contract does not automatically make it enforceable. GOV.UK
Where the Client is acting as a consumer and enters into a qualifying distance or off-premises service contract, they will generally have a statutory 14-day cancellation period beginning after the contract is entered into, subject to the applicable legislation and exceptions.
The Client may exercise their statutory right to cancel by making a clear statement to Visionary Media UK that they wish to cancel.
The £100 maximum Early Termination Charge in Section 5 will not be imposed merely because a consumer exercises a statutory right to cancel during an applicable cooling-off period.
Where a consumer expressly requests that Visionary Media UK begins providing services during the statutory cancellation period and subsequently exercises their cancellation right before the service is completed, they may be required to pay an amount proportionate to the services supplied up to the point at which cancellation is communicated, where permitted by law and the applicable requirements have been satisfied.
Nothing in these Terms removes or limits a consumer’s statutory rights.
Once the applicable minimum term has been completed, the Client may request cancellation in accordance with any notice period stated for that particular service.
Where no separate notice period is specified, the Client should provide reasonable written notice before the next billing date.
Any amounts already due remain payable.
The price and billing frequency applicable to a service will be stated on the relevant product or service page, quotation, proposal, order or invoice.
Unless expressly stated otherwise, prices are exclusive of applicable VAT.
Invoices must be paid by their stated due date.
Where a service is billed monthly but carries a minimum contractual period, monthly billing does not create a monthly rolling contract during that minimum term.
Visionary Media UK may suspend services where payments become overdue, subject to applicable law and contractual requirements.
Suspension due to non-payment does not automatically cancel the underlying agreement or remove amounts which have already become payable.
Where a service involves recurring billing, the Client authorises Visionary Media UK or its payment provider to collect payments in accordance with the agreed billing schedule where the Client has provided the necessary payment authority.
The Client is responsible for maintaining a valid payment method where required.
Cancelling a Direct Debit, standing order, recurring card payment or other payment authority does not itself cancel the Client’s contract with Visionary Media UK.
Cancellation must be requested in accordance with these Terms.
The Client is responsible for providing the information, materials, access, content, feedback and approvals reasonably required for Visionary Media UK to perform the agreed services.
The Client must ensure that:
Delays caused by the Client do not automatically pause billing, extend the minimum term or entitle the Client to a refund.
The scope of each service will be determined by the relevant product page, quotation, proposal or other written agreement.
Requests outside the agreed scope may incur additional charges.
Where reasonably practicable, Visionary Media UK will notify the Client before undertaking substantial additional chargeable work.
Where a service includes a specified number of revisions, updates, designs, videos, posts or other deliverables, the applicable allowance will be stated within the service description.
Unless expressly stated otherwise, unused monthly allowances do not accumulate or carry over into future months.
Additional revisions or work beyond the included allowance may be charged separately.
Clients purchasing website design or development services must provide the information, branding, images, copy, access and other materials reasonably required to complete the project unless Visionary Media UK has expressly agreed to provide them.
Any development or completion dates provided are estimates unless a specific deadline has been expressly agreed in writing.
Client delays or delays caused by third-party services may affect delivery times.
Websites may depend on third-party hosting, plugins, themes, APIs, software or integrations. Visionary Media UK cannot guarantee that third-party technologies will remain permanently available or unchanged.
Where hosting, domain registration or SSL is included with a service, the applicable duration and inclusions will be stated within the service description.
Where a domain is advertised as:
“Free .uk domain for 1 year”
the initial registration period is included for one year only unless expressly stated otherwise.
Domain renewal charges may become payable following the included period.
Domain names remain subject to availability and the rules of the applicable registry or registrar.
Visionary Media UK will provide social media and marketing services with reasonable care and skill.
However, marketing outcomes depend upon numerous factors outside our control.
Unless expressly guaranteed in writing, we do not guarantee particular:
Platform algorithms, market conditions, competitors and third-party policies may affect performance.
Visionary Media UK may use or rely upon third-party providers when delivering services.
These may include hosting providers, domain registrars, social networks, advertising platforms, email providers, software suppliers, payment processors and plugins.
Visionary Media UK is not responsible for failures, outages, restrictions or policy changes caused by independent third parties where these circumstances are outside our reasonable control.
Intellectual property belonging to Visionary Media UK before a Client engagement remains the property of Visionary Media UK.
This may include templates, internal systems, processes, methodologies, branding and reusable design components.
Ownership or licensing arrangements relating to bespoke Client work may be specified within the relevant service description or agreement.
Where ownership of final work is intended to transfer to the Client, Visionary Media UK may require all outstanding amounts relating to that work to be paid before ownership or final source files are transferred.
Unless otherwise agreed in writing or prevented by confidentiality obligations, Visionary Media UK may display completed Client work within our:
Confidential information will not knowingly be published under this provision.
Any entitlement to a refund will depend upon the circumstances, work already completed, costs incurred, the applicable service agreement and the Client’s statutory rights.
Nothing within these Terms removes any refund or remedy to which a Client is legally entitled.
Visionary Media UK may reasonably suspend a service where:
Where appropriate, we will provide reasonable notice and an opportunity for the Client to resolve the issue.
Visionary Media UK may terminate an agreement where the Client commits a serious or persistent material breach, including persistent non-payment, unlawful use of our services or serious abusive or threatening behaviour towards our staff.
Where reasonably appropriate, we will provide the Client with an opportunity to remedy the breach before terminating the agreement.
Where Visionary Media UK terminates a consumer agreement without Client fault, we will not impose an Early Termination Charge on the Client and will deal fairly with payments relating to services which will no longer be provided.
Visionary Media UK will provide its services with reasonable care and skill.
Nothing within these Terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
Nothing within these Terms excludes or restricts statutory consumer rights which cannot lawfully be excluded.
Subject to those rights and applicable law, Visionary Media UK will not be responsible for indirect or consequential losses arising from circumstances outside our reasonable control.
Users must not:
We may restrict access where misuse is identified.
We take reasonable steps to keep information on our website accurate and current.
We may update prices, packages, service specifications and other information from time to time.
However, changes made to a product page after a Client enters into an agreement will not retrospectively alter the minimum term, agreed price or fundamental terms applicable to that Client’s existing order unless the parties agree or applicable law permits the change.
We may update these Terms to reflect changes in our services, business practices or applicable law.
The latest version will be published on our website.
Changes will not be used to retrospectively impose a materially different minimum term, termination charge or fundamental pricing arrangement on an existing Client unless lawfully agreed.
If a provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
A failure by Visionary Media UK to immediately enforce a contractual right does not mean that right has been waived.
These Terms, together with the relevant product or service page as it appeared when the Client ordered, and any applicable quotation, proposal, order form or separately agreed written terms, form the agreement relating to the relevant service.
These Terms are governed by the laws of England and Wales.
Nothing in this provision removes any mandatory jurisdictional rights available to a consumer under applicable law.
Questions, cancellation requests or enquiries relating to these Terms should be directed to:
Visionary Media UK
Email: hello@visionarymedia.uk
Telephone: 0333 880 5430
Website: visionarymedia.uk
