Terms and Conditions

Last updated: 27 October 2026

These terms and conditions govern your use of and access to the Services (defined below) and, together with the Order Form, are an agreement between Built With Plot Limited, a company incorporated in England and Wales with company number 14313779 with its registered address at 12 Hilton Street, Manchester, England, M1 1JF ("Plot") and the entity you represent ("Customer" or "you"). This Agreement (as defined below) takes effect when you click the subscription, trial or upgrade confirmation button presented with a notice linking to these terms.

Please read this Agreement carefully. IT INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, AND COVERS AREAS SUCH AS AUTOMATIC SUBSCRIPTION RENEWALS, WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY.

You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. You confirm that you are using the Services for the purposes of a trade, business or profession and not as a consumer. Please see clause 28 (Interpretation) for definitions of certain capitalised terms used in this Agreement.

1. Subscription

1.1 Subject to the Customer's compliance with clause 8 (Charges and payment), the restrictions set out in this clause 1 and the other terms and conditions of this Agreement, Plot hereby grants to the Customer (and the Authorised Users) a non-exclusive, non-transferable right and licence, without the right to grant sublicences, to use the Services during the Subscription Term solely for the Customer's business operations.

1.2 Customer hereby grants to Plot a non-exclusive right and licence to use any information or data (including without limitation the Customer Data, fonts and images) provided by the Customer pursuant to the Agreement for the purposes of providing the Services and to perform Plot's rights, remedies and obligations under the Agreement.

1.3 The Customer shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:

(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

(b) facilitates illegal activity;

(c) depicts sexually explicit images;

(d) promotes unlawful violence;

(e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

(f) is otherwise illegal or causes damage or injury to any person or property;

and Plot reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer's access to any material that breaches the provisions of this clause.

1.4 The Customer shall not:

(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Agreement:

(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software (as applicable) in any form or media or by any means; or

(ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software or the Services; or

(b) access all or any part of the Services in order to build a product or service which competes with the Services; or

(c) subject to clause 22.1 (Assignment), license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except the Authorised Users; or

(d) attempt to obtain, or assist third parties in obtaining, access to the Services, other than as provided under this clause 1; or

(e) introduce or permit the introduction of, any Virus or Vulnerability into the Services or Plot's network and information systems.

1.5 The rights provided under this clause 1 are granted to the Customer only, and shall not be considered granted to any subsidiary or holding company of the Customer unless otherwise agreed in writing between the parties.

2. Services

2.1 Plot shall, during the Subscription Term, provide the Services to the Customer on and subject to the terms of this Agreement.

2.2 Plot will, as part of the Services and at no additional cost to the Customer, provide the Customer with Plot's then-current standard customer support services offering (which may include access to online user guides, knowledge bases and self-help tools). Assistance outside of the then-current standard customer support services offering will incur additional fees.

2.3 Hosting of the Customer Site is included in the Services up to the Hosting Cap. If Customer exceeds the Hosting Cap, it will be subject to additional charges as further detailed in clause 8.5 and Schedule 1. Plot will monitor Customer's usage each month.

3. Data protection

3.1 Plot processes personal data relating to the Customer and its Authorised Users as described in the Privacy Policy. For personal data Plot processes on the Customer's behalf through the Services, the Data Processing Agreement (DPA), including its annexes, forms part of this Agreement when supplied with and accepted as part of these Terms. The Customer is the controller and Plot is the processor for that processing. The Customer is responsible for its own privacy notice, lawful basis and documented instructions. An existing separately agreed DPA remains effective unless expressly replaced by agreement; publication alone does not amend it.

4. Third party providers

4.1 The Customer acknowledges that the Services may enable or assist it to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at its own risk. Plot makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by the Customer, with any such third party. Any contract entered into and any transaction completed via any third-party website is between the Customer and the relevant third party, and not Plot. Plot recommends that the Customer refers to the third party's website terms and conditions and privacy policy prior to using the relevant third-party website. Plot does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.

4.2 The Services are integrated with various third party services and applications (collectively, "Third Party Services") that may make their content, products or services available to the Customer. Examples of Third Party Services may include certain domain name registration services, social media platforms and other integrations or extensions, stock images and email service subscriptions for sale via the Services and other integration partners and service providers. These Third Party Services may have their own terms and policies, and Customer's use of them will be governed by those terms and policies. Any information that a Third Party Service collects, stores and processes from the Customer or Customer Site will be subject to such Third Party Service's terms of service, privacy notice, or similar terms, and will not be subject to our Privacy Policy. Each Third Party Service is solely responsible for providing all support, maintenance and technical assistance to the Customer with respect to their services (including their interoperation with each Customer Site). Plot does not control Third Party Services, and is not liable for Third Party Services or for any transaction the Customer may enter into with them, or for what they do. Customer agrees that Plot may, at any time and in its sole discretion, and without any notice to the Customer, suspend, disable access to or remove any Third Party Services. Plot is not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses Customer may incur or otherwise experience as a result (except where prohibited by applicable law).

4.3 Customer acknowledges that Plot engage a third party for the provision of hosting services.

5. Licensed Content

5.1 Portions of the Services may enable the Customer to use content or other materials which Plot have obtained the right for Customer to use ("Licensed Content"). Licensed Content is part of the Services. Licensed Content includes without limitation Licensed Fonts (as defined below).

5.2 Customer agrees that (i) Licensed Content is neither sold nor distributed to the Customer; (ii) Customer may only use the Licensed Content in connection with its use of the Services; (iii) Customer's ability to use Licensed Content is, for each particular piece of Licensed Content, limited by the rights Plot has obtained for the Customer; (iv) Customer may only use Licensed Content as permitted and as intended by the Services; (v) unless Plot tells the Customer otherwise, Customer may not and may not enable others to download, store, modify, edit, reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Licensed Content; and (vi) Plot may change, terminate, suspend, restrict, disable or discontinue providing pieces of or all of the Licensed Content.

5.3 Portions of the Services may enable Customer to use fonts, typefaces and related software and designs which Plot has obtained the right for Customer to use ("Licensed Fonts") on or in connection with the Services such as on a Customer Site. Some fonts that may be used with the Services are Third Party Services and are not Licensed Fonts. Unless Plot informs the Customer otherwise: (a) Customer may only use Licensed Fonts solely on or in connection with a Customer Site; and (b) Customer may not modify the Licensed Fonts. Customer may only use a Licensed Font as permitted by the Services and only as intended.

6. Plot's obligations

6.1 Plot shall perform the Services with reasonable skill and care.

6.2 Plot:

(a) does not warrant that:

(i) the Customer's use of the Services will be uninterrupted or error-free; or

(ii) the Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; or

(iii) the Software or the Services will be free from Vulnerabilities or Viruses; or

(b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

6.3 This Agreement shall not prevent Plot from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement.

6.4 Plot warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement.

6.5 In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy against Plot shall be for Plot to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by Plot in accordance with Plot's then-current archiving procedure. Plot shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub-contracted by Plot to perform services related to Customer Data maintenance and back-up for which it shall remain fully liable).

6.6 The parties agree that Plot is not liable for anything that Customer shares via the Services.

7. Customer's obligations

7.1 The Customer shall:

(a) provide Plot with:

(i) all necessary co-operation in relation to this Agreement; and

(ii) all necessary access to such information as may be required by Plot; and

(iii) anything specified as required from the Customer in the Order Form;

in order to provide the Services, including but not limited to Customer Data;

(b) upload its own content (copy, imagery and event information) to its Customer Site, which forms part of the Customer Data;

(c) without affecting its other obligations under this Agreement, comply with all applicable laws and regulations with respect to its activities under this Agreement;

(d) carry out all other Customer responsibilities set out in this Agreement in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the parties, Plot may adjust any agreed timetable or delivery schedule as reasonably necessary;

(e) ensure that the Authorised Users use the Services in accordance with the terms and conditions of this Agreement and shall be responsible for any Authorised User's breach of this Agreement;

(f) obtain and shall maintain all necessary licences, consents, and permissions necessary for Plot, its contractors and agents to perform their obligations under this Agreement, including without limitation the provision of the Services;

(g) ensure that its network and systems comply with the relevant specifications provided by Plot from time to time;

(h) be, to the extent permitted by law and except as otherwise expressly provided in this Agreement, solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to Plot's data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet; and

(i) to the extent Customer's use of the Services requires it to comply with industry-specific regulations applicable to such use ("Industry-Specific Regulation"), be solely responsible for such compliance. Customer is not permitted to use the Services in any way that would subject Plot to an Industry-Specific Regulation.

7.2 The Customer shall own all right, title and interest in and to all of the Customer Data that is not personal data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all Customer Data. Customer warrants that it has the right and (if applicable) a valid lawful basis to transmit (and, to the extent applicable, licence any intellectual property rights in) any information or data (including without limitation Customer Data, fonts and images) it provides to Plot. The Customer will indemnify Plot against all costs, expenses, liabilities, damages, claims, demands, proceedings or legal costs and judgments which Plot incurs as a result of breach of this clause 7.2 by the Customer.

7.3 To the extent the Services allow Customer to add custom code to the Customer Site, any such custom code will be considered Customer Data, and Customer will be solely responsible for such custom code. Adding code to the Customer Site falls outside the scope of Plot's standard customer support services offering.

8. Charges and payment

8.1 The Customer shall pay the fees shown in the electronic checkout or other Order Form. Subscription fees are payable monthly in advance, subject to any stated trial. Bandwidth is billed in arrears on the next eligible monthly subscription invoice under Schedule 1. Fees are non-refundable except as expressly provided in this Agreement or required by law. The unused paid Core credit described in Schedule 1 is an agreed credit against the first Managed payment. The Order Form must state the applicable tax treatment and total payable before acceptance.

8.2 Customer shall provide Plot with complete and accurate billing and contact information. Where payment is to be made by credit card or Customer otherwise provides Plot with credit card information, Customer authorises Plot to bill such credit card (a) at the time that Customer orders the Services set forth in the Order Form, (b) at paid activation following a trial, whether at the trial's scheduled expiry, on connecting a custom domain or on the design kickoff taking place, as described in Schedule 1, (c) for the billing frequency established in the Order Form, (d) for bandwidth charges under Schedule 1, and (e) at the time of any Renewal, in each case for the amount charged plus any applicable taxes. If Plot, in its discretion, permits Customer to make payment using a method other than a credit card, Plot will invoice the Customer at the time of the initial Order Form and thereafter on a monthly basis in advance of the relevant billing period, and all such amounts invoiced will be due within seven (7) days of the date of the invoice.

8.3 Customer shall pay all applicable taxes, duties, and levies (including but not limited to VAT, sales tax, GST, withholding tax) imposed by any jurisdiction, except for taxes based on Plot's net income. Where Customer is required by law to make any deduction or withholding, Customer shall pay such additional amounts as necessary to ensure Plot receives the full amount invoiced.

8.4 If the Customer does not pay the Fees on time, and without prejudice to any other rights and remedies of Plot, (a) Plot may suspend or cancel Customer's access to all or part of the Services and Plot shall be under no obligation to provide any or all of the Services while the Fees remain unpaid; and (b) interest shall accrue on a daily basis on such due amounts at a rate of one point five per cent (1.5%) per month, commencing on the due date and continuing until fully paid, whether before or after judgment.

8.5 Bandwidth above the included allowance is charged at the rate accepted at checkout, as described in Schedule 1. No page-view limit or daily page-view spike charge applies to Core or Managed.

8.6 Plot will give at least 30 days' notice of any proposed price change. Changes apply only to future service or usage, never retrospectively. The Managed base subscription price is fixed for the accepted 12-month commitment. Any subsequent rate must be disclosed before it takes effect.

8.7 If Customer contacts its bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to Plot, Plot may automatically terminate the Services with immediate effect upon written notice. Plot reserves its right to dispute any chargeback.

9. Proprietary rights

9.1 The Customer acknowledges and agrees that Plot and/or its licensors own all intellectual property rights in the Services and Software. Except as expressly stated herein, this Agreement does not grant the Customer any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or Software.

9.2 Plot confirms that it has all the rights in relation to the Services that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this Agreement.

10. Confidentiality

10.1 "Confidential Information" means all confidential information (however recorded or preserved) disclosed by a party or its Representatives (as defined below) to the other party and that party's Representatives whether before or after the date of this Agreement in connection with this Agreement and/or the Services, including but not limited to:

(a) any information that would be regarded as confidential by a reasonable business person relating to:

(i) the business, assets, affairs, customers, clients, suppliers, or plans, intentions, or market opportunities of the disclosing party (or of any member of the group of companies to which the disclosing party belongs); and

(ii) the operations, processes, product information, know-how, designs, trade secrets or software of the disclosing party (or of any member of the group of companies to which the disclosing party belongs);

(b) any information developed by the parties in the course of carrying out this Agreement and the parties agree that:

(i) details of the Services, and the results of any performance tests of the Services, shall constitute Plot Confidential Information; and

(ii) Customer Data shall constitute Customer Confidential Information;

"Representatives" means, in relation to a party, its employees, officers, contractors, subcontractors, representatives and advisers.

10.2 The provisions of this clause shall not apply to any Confidential Information that:

(a) is or becomes generally available to the public (other than as a result of its disclosure by the receiving party or its Representatives in breach of this clause);

(b) was available to the receiving party on a non-confidential basis before disclosure by the disclosing party;

(c) was, is or becomes available to the receiving party on a non-confidential basis from a person who, to the receiving party's knowledge, is not bound by a confidentiality agreement with the disclosing party or otherwise prohibited from disclosing the information to the receiving party;

(d) the parties agree in writing is not confidential or may be disclosed; or

(e) is developed by or for the receiving party independently of the information disclosed by the disclosing party.

10.3 Each party shall keep the other party's Confidential Information secret and confidential and shall not:

(a) use such Confidential Information except for the purpose of exercising or performing its rights and obligations under or in connection with this Agreement ("Permitted Purpose"); or

(b) disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this clause 10.

10.4 A party may disclose the other party's Confidential Information to those of its Representatives who need to know such Confidential Information for the Permitted Purpose, provided that:

(a) it informs such Representatives of the confidential nature of the Confidential Information before disclosure; and

(b) at all times, it is responsible for such Representatives' compliance with the confidentiality obligations set out in this clause.

10.5 A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 10.5, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.

10.6 Each party reserves all rights in its Confidential Information. No rights or obligations in respect of a party's Confidential Information other than those expressly stated in this Agreement are granted to the other party, or to be implied from this Agreement.

10.7 On termination or expiry of this Agreement, each party shall:

(a) destroy or return to the other party all documents and materials (and any copies) containing, reflecting, incorporating or based on the other party's Confidential Information;

(b) subject to clause 13.3(c) (Term and termination), erase all the other party's Confidential Information from computer and communications systems and devices used by it, including such systems and data storage services provided by third parties (to the extent technically and legally practicable);

provided that a recipient party may retain documents and materials containing, reflecting, incorporating or based on the other party's Confidential Information to the extent required by law or any applicable governmental or regulatory authority. The provisions of this clause shall continue to apply to any such documents and materials retained by a recipient party, subject to clause 13 (Term and termination).

10.8 Except as expressly stated in this Agreement, no party makes any express or implied warranty or representation concerning its Confidential Information.

10.9 The above provisions of this clause 10 shall continue to apply after termination or expiry of this Agreement.

11. Indemnity

11.1 The Customer shall defend, indemnify and hold harmless Plot against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer's use of the Services, provided that:

(a) the Customer is given prompt notice of any such claim;

(b) Plot provides reasonable co-operation to the Customer in the defence and settlement of such claim, at the Customer's expense; and

(c) the Customer is given sole authority to defend or settle the claim.

11.2 In the defence or settlement of any claim, Plot may procure the right for the Customer to continue using the Services, replace or modify the Services so that they become non-infringing or, if such remedies are not reasonably available, terminate this Agreement on 2 Business Days' notice to the Customer without any additional liability or obligation to pay liquidated damages or other additional costs to the Customer.

11.3 In no event shall Plot, its employees, agents and sub-contractors be liable to the Customer to the extent that the alleged infringement is based on:

(a) a modification of the Services by anyone other than Plot; or

(b) the Customer's use of the Services in a manner contrary to the instructions given to the Customer by Plot; or

(c) the Customer's use of the Services after notice of the alleged or actual infringement from Plot or any appropriate authority; or

(d) the Customer's breach of this Agreement.

11.4 The foregoing and clause 12.3(b) (Limitation of liability) state the Customer's sole and exclusive rights and remedies, and Plot's (including Plot's employees', agents' and sub-contractors') entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.

12. Limitation of liability

12.1 Except as expressly and specifically provided in this Agreement:

(a) the Customer assumes sole responsibility for results obtained from the use of the Services by the Customer, and for conclusions drawn from such use. Plot shall have no liability for any damage caused by errors or omissions in any Customer Data, information, data, documentation, images, fonts, instructions or scripts provided to Plot by the Customer in connection with the Services, or any actions taken by Plot at the Customer's direction;

(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and

(c) the Services are provided to the Customer on an "as is" basis.

12.2 Nothing in this Agreement excludes the liability of Plot:

(a) for death or personal injury caused by Plot's negligence; or

(b) for fraud or fraudulent misrepresentation.

12.3 Subject to clauses 12.1 and 12.2:

(a) Plot shall have no liability for any:

(i) loss of profits,

(ii) loss of business,

(iii) wasted expenditure,

(iv) depletion of goodwill and/or similar losses,

(v) loss or corruption of data or information, or

(vi) any special, indirect or consequential loss, costs, damages, charges or expenses; and

(b) Plot's total aggregate liability to the Customer in respect of all breaches of duty occurring within any contract year shall not exceed the cap.

12.4 In clause 12.3(b):

(a) the cap is the greater of £3,000 and one hundred and fifty per cent (150%) of the total Subscription Fees paid in the contract year in which the breaches occurred; and

(b) a contract year means a 12 month period commencing on the Effective Date or any anniversary of it.

12.5 References to liability in this clause 12 include every kind of liability arising under or in connection with this Agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

12.6 Nothing in this Agreement excludes the liability of the Customer for any breach, infringement or misappropriation of Plot's intellectual property rights.

13. Term and termination

13.1 Core runs monthly and renews monthly unless cancelled; cancellation takes effect at the end of the paid billing period. Managed has an initial 12-month paid commitment, billed monthly, starting at paid activation or successful upgrade. Monthly billing does not permit early cancellation or downgrade during that commitment, except as otherwise provided in this Agreement. A cancellation request may be made during the commitment to take effect at its end. Managed automatically renews for successive 12-month commitments at the agreed monthly price unless you cancel or schedule a move to Core before the current term ends. You can switch from Managed to Core during the active trial, retaining the original trial end date, or schedule a move to Core to take effect at the end of the current Managed commitment. Managed service and monthly payments continue until the scheduled change takes effect. Payments continue monthly. One renewal reminder is sent 30 days before renewal. Existing contracts retain their recorded renewal terms until new terms are accepted. The initial term and any agreed renewal periods together form the Subscription Term. These provisions do not restrict termination rights expressly set out below.

13.2 Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:

(a) the other party fails to pay any amount due under this Agreement on the due date for payment;

(b) the other party commits a material breach of any other term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of ten (10) days after being notified in writing to do so;

(c) the other party takes or has taken against it (other than in relation to a solvent restructuring) any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this clause 13.2(c);

(d) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 13.2(c);

(e) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business;

(f) the other party's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of this Agreement is in jeopardy; or

(g) in the case that Plot is the terminating party, there is a change of control of the Customer within the meaning of section 1124 of the Corporation Tax Act 2010.

13.3 On termination of this Agreement for any reason:

(a) all licences granted under this Agreement shall immediately terminate and the Customer shall immediately cease all use of the Services (and, for the avoidance of doubt, Plot may remove and/or withdraw Customer's access to the Customer Sites);

(b) each party shall make no further use of any equipment, property, and other items (and all copies of them) belonging to the other party;

(c) where this Agreement ends by cancellation or non-renewal, the Customer Site is taken offline at the end of the paid period and retained in archive for ninety (90) days, during which the Customer may reactivate its Subscription and restore the Customer Site. Plot does not provide a self-service site export or a downloadable website package for hosting elsewhere. Requests for the return of personal data are handled through support under the DPA and do not require reactivation of a paid Subscription. Following the 90 day period, Plot may permanently delete the Customer Site and the Customer Data. Where this Agreement is terminated under clause 13.2 or clause 8.7, the Customer may contact support to request the return of personal data under the DPA within thirty (30) days after termination, after which Plot may destroy or otherwise dispose of the Customer Data, subject to the DPA and applicable law. For personal data processed on the Customer's behalf, the Customer's return or deletion choice and the recovery-copy provisions of the DPA apply and take precedence over these archive arrangements;

(d) any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.

13.4 Plot may delete an unfinished site setup that has not been completed within thirty (30) days of being started. Plot may close a Customer account and delete any draft sites and uploaded material where no Authorised User has logged in for twelve (12) months and the account holds no active paid Subscription and no Customer Site within its archive period under clause 13.3(c), after giving at least thirty (30) days' notice by email to the address on the account.

14. Marketing and product improvement

14.1 Notwithstanding clause 13.3(a), Customer grants Plot a perpetual, worldwide, royalty-free, non-exclusive right and licence to use Customer's name and logo and any version of the Customer Site, or any portion of the Customer Site (including without limitation names, trademarks, service marks or logos on the Customer Sites), for the limited purpose of Plot's marketing and promotional activities. This right and licence will survive termination of the Agreement.

14.2 Plot may use anonymous statistical information to improve the Services, provided that it does not identify an individual and cannot reasonably be used to identify an individual, whether alone or together with other information. Processing Customer personal data to produce such information must comply with the DPA and the Customer's documented instructions. Pseudonymised information remains personal data and is not treated as anonymous merely because direct identifiers have been removed. After termination, Plot may retain and use only information that meets the anonymity conditions in this clause; this does not extend any right to retain Customer personal data.

15. Force majeure

15.1 Neither party shall be in breach of this Agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for one (1) month, the party not affected may terminate this Agreement by giving fourteen (14) days' written notice to the affected party.

16. Conflict

16.1 On data protection matters, the applicable DPA takes precedence over these Terms, Schedule 1 and the Order Form. Mandatory transfer clauses prevail where they require. On other matters, an expressly agreed Order Form variation takes precedence, followed by Schedule 1 for commercial matters and then these Terms.

17. Variation

17.1 Plot may modify these Terms and Conditions at any time by posting a revised version on or by otherwise notifying the Customer in accordance with clause 25 (Notices). The modified terms will become effective upon posting or, if Plot notify you by email, as stated in the email message. By continuing to use the Services after the effective date of any modifications to these Terms and Conditions, Customer agrees to be bound by the modified terms. It is Customer's responsibility to check regularly for modifications to these Terms and Conditions. Plot last modified these Terms and Conditions on the date listed at the beginning of these Terms and Conditions. No variation of the Order Form shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

18. Waiver

18.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

18.2 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

19. Rights and remedies

19.1 Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

20. Severance

20.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.

20.2 If any provision or part-provision of this Agreement is deemed deleted under clause 20.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

21. Entire agreement

21.1 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between them, whether written or oral, relating to its subject matter.

21.2 Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement.

21.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

22. Assignment

22.1 The Customer shall not, without the prior written consent of Plot, assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.

22.2 Plot may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Agreement.

23. No partnership or agency

23.1 Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

24. Third party rights

24.1 This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

24.2 The rights of the parties to rescind or vary this Agreement are not subject to the consent of any other person.

25. Notices

25.1 Any notice given to a party under or in connection with this Agreement shall be in writing and shall be:

(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

(b) sent by email to the following addresses (or an address substituted in writing by the party to be served):

Customer: the address provided in the Order Form.

Plot: hello@builtwithplot.com

25.2 Any notice shall be deemed to have been received:

(a) if delivered by hand, at the time the notice is left at the proper address;

(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or

(c) if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.

25.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

26. Governing law

26.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.

27. Jurisdiction

27.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

28. Interpretation

28.1 The definitions and rules of interpretation in this clause apply in this Agreement.

"Agreement" means the Order Form, these Terms and Conditions including Schedule 1, and the applicable DPA including its annexes.

"Authorised Users": those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services for Customer's business operations.

"Business Day": a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

"Business Hours": 9.00 am to 5.30 pm UK time on a Business Day.

"Confidential Information": information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 10.1 (Confidentiality).

"Customer Data": the data inputted by the Customer, Authorised Users, or Plot on the Customer's behalf for the purpose of using the Services or facilitating the Customer's use of the Services.

"Customer Site" means the site generated using the Software and supported and hosted for the Customer as part of the Services.

"Effective Date": the date on which the Customer clicks the subscription, trial or upgrade confirmation button presented with a notice linking to these Terms and Conditions.

"Fees" means the Subscription Fees, any bandwidth charge payable in accordance with Schedule 1 and any other fee payable in accordance with the terms of this Agreement.

"Hosting Cap": the included bandwidth allowance in Schedule 1; this is a billing threshold, not an automatic suspension threshold.

"Initial Subscription Term": one paid monthly period for Core or 12 months from paid activation for Managed, subject to the trial and upgrade provisions in Schedule 1.

"Order Form": means the electronic checkout or upgrade confirmation, including the selected plan, price, tax treatment, billing dates and commitment shown before acceptance, or another expressly agreed order form between the parties.

"Renewal Period": the period described in clause 13.1 (Term and termination).

"Services": use of and access to the sites, products, applications, tools, services and features provided by Plot, as set out in the Order Form.

"Software": the online software applications provided by Plot as part of the Services.

"Subscription Fees": the subscription fees payable by the Customer to Plot for the Subscriptions, as set out in the Order Form.

"Subscription Term": has the meaning given in clause 13.1 (being the Initial Subscription Term together with any subsequent Renewal Periods).

"Subscriptions": the subscription purchased by the Customer pursuant to the Order Form and these Terms and Conditions which entitle Authorised Users to access and use the Services in accordance with this Agreement.

"Terms and Conditions" means these terms and conditions.

"Virus": any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

"Vulnerability": a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability, and the term "Vulnerabilities" shall be interpreted accordingly.

28.2 Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement.

28.3 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.

28.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

28.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

28.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

28.7 A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this Agreement.

28.8 A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this Agreement under that statute or statutory provision.

28.9 A reference to "writing" or "written" excludes fax but not email.

28.10 References to clauses and schedules are to the clauses and schedules of this Agreement; references to paragraphs are to paragraphs of the relevant schedule to this Agreement.