Terms of Use

1. About us

This website is operated by:

References to “Jay Malvern”, “we”, “us” or “our” in these terms mean Jay Malvern Ltd.

2. About this website

The Jay Malvern website provides information about our business, capabilities and services.

These may include areas such as:

• website and web application development;
• mobile application development;
• cloud solutions;
• APIs and system integration;
• database solutions;
• automation;
• artificial intelligence and AI-enabled solutions;
• technology consultancy; and
• related digital and software services.

Information on this website is provided for general information and to help prospective customers understand the types of work Jay Malvern may be able to provide.

3. Website information is not a customer contract

Nothing on this website, by itself, forms a contract for Jay Malvern Ltd to provide services.

Submitting an enquiry, contacting us, requesting information or booking an introductory consultation does not oblige either you or Jay Malvern Ltd to enter into a contract.

Where we agree to provide services, the scope, price, timescales, responsibilities and other applicable terms will normally be agreed separately through a proposal, quotation, statement of work, service agreement or other written agreement.

Where there is any conflict between these website Terms of Use and the terms of a separately agreed customer contract, the separately agreed customer contract will take precedence in relation to those services.

4. Introductory consultations

The website may allow you to arrange an introductory consultation using Microsoft Bookings.

An introductory consultation is intended to help us understand your requirements and discuss whether Jay Malvern may be able to assist.

Unless expressly agreed otherwise in writing, information discussed during an introductory consultation does not constitute:

• a formal proposal;
• a binding quotation;
• a guarantee that a particular solution can be delivered;
• legal, financial or regulated professional advice; or
• an agreement to provide services.

Any subsequent work will be subject to separate agreement where appropriate.

5. Accuracy of website information

We aim to keep the information on this website accurate, useful and up to date.

However, technology, services, third-party platforms and business requirements change regularly.

We therefore do not guarantee that every piece of general information on the website will always be complete, current or suitable for every particular situation.

You should discuss specific requirements with us before making decisions based on information presented on the website.

Nothing in these terms excludes responsibilities that cannot legally be excluded.

6. Availability of services

Descriptions of services on the website are indicative of the areas in which Jay Malvern operates.

The presence of a service on the website does not guarantee that:

• the service is currently available;
• we will accept a particular project;
• a particular technology or approach will be suitable for your requirements;
• a particular project can be delivered within a specific timescale or budget; or
• we will enter into a commercial relationship with every person or organisation that contacts us.

Specific requirements will be assessed individually.

7. Technology and artificial intelligence

Some services described on this website may involve artificial intelligence, automation, cloud platforms, APIs or third-party technologies.

The suitability, capability and limitations of such technologies depend on the particular project and use case.

References to AI or automation on the website should not be interpreted as a guarantee that an automated or AI-based approach will always be appropriate.

Where we undertake work involving such technologies, the proposed approach and any relevant limitations should be agreed as part of the project.

8. Intellectual property

Unless otherwise stated, the website and its contents are owned by or licensed to Jay Malvern Ltd.

This includes, where applicable:

• text;
• branding;
• logos;
• page designs;
• graphics;
• original illustrations;
• software or code made available as part of the website; and
• other original website materials.

You may view and use the website for normal personal or business information purposes.

You must not reproduce, republish, distribute, sell or commercially exploit substantial parts of the website without our permission, except where permitted by law.

Third-party trademarks, software, images and other materials remain the property of their respective owners.

9. Acceptable use

You must not misuse this website.

In particular, you must not knowingly:

• attempt to gain unauthorised access to the website, server or related infrastructure;
• interfere with the security or proper operation of the website;
• introduce malicious software, viruses or other harmful material;
• attempt to obtain information through unauthorised automated extraction or attacks;
• use the website for unlawful or fraudulent purposes; or
• use the website in a way that infringes the rights of Jay Malvern Ltd or another person.

We may take reasonable steps to protect the website and its infrastructure from misuse.

10. Links to third-party services

The website may contain links to services or websites operated by other organisations.

These may include services such as Microsoft Bookings, Instagram or other technology providers.

Third-party websites and services operate under their own terms and privacy arrangements.

A link from our website does not mean that Jay Malvern Ltd controls or is responsible for the content, availability, security or practices of the third-party service.

11. External technology providers

The website and our business operations may rely on third-party technology and infrastructure providers.

These may include cloud hosting, communications, booking, development and software providers.

We are not responsible for interruptions or failures that are wholly outside our reasonable control, although we will take reasonable steps to manage services for which we are responsible.

12. Security

We take reasonable measures to operate and maintain the website securely.

However, no internet-based system can be guaranteed to be completely secure or continuously available.

You are responsible for using appropriate security measures on your own devices and systems when accessing internet services.

If you believe you have identified a security issue relating to the Jay Malvern website, please contact:

contact@jaymalvern.com

13. Liability

Nothing in these Terms of Use excludes or limits liability where doing so would be unlawful.

In particular, nothing in these terms is intended to exclude or restrict any legal rights that cannot lawfully be excluded.

Subject to those rights, Jay Malvern Ltd is not responsible for losses arising solely from reliance on general information contained on this website where specific professional or project advice should reasonably have been obtained.

These website terms do not determine liability under any separate contract for services. Liability relating to work carried out for a customer will be governed by the terms applicable to that particular engagement.

14. Consumer rights

Nothing in these Terms of Use affects any rights you may have under applicable consumer law.

If you engage Jay Malvern Ltd as a consumer rather than for business purposes, any applicable statutory protections continue to apply.

15. Privacy

Our handling of personal information is explained in our Privacy Policy.

The Privacy Policy forms a separate notice and should be read alongside these Terms of Use where you provide personal information through the website or contact Jay Malvern Ltd.

16. Changes to this website

We may update, modify or withdraw parts of the website from time to time.

We may also change the services described on the website as the business develops.

We do not guarantee that every part of the website will remain available indefinitely.

17. Changes to these Terms of Use

We may update these Terms of Use from time to time.

The latest version will be published on this website and the date at the top of the page will indicate when the terms were last updated.

Changes to these website terms do not retrospectively alter the terms of any separate customer contract already agreed with Jay Malvern Ltd.

18. Governing law

These Terms of Use are governed by the laws of England and Wales.

If you are using the website as a business, the courts of England and Wales will have jurisdiction in relation to disputes arising from these website Terms of Use.

If you are a consumer, nothing in this section is intended to remove any rights you may have regarding the court or jurisdiction in which you are entitled to bring a claim.

19. Contact us

Questions about these Terms of Use can be sent to: