Terms and conditions

1. Our Services

The Services include, but are not limited to, the provision of search visibility audits, search engine optimisation, AI search optimisation, conversion rate optimisation, digital PR, and related consultancy services.

Where we carry out work for a client, the specific scope, deliverables, fees, and term will be set out in a separate written proposal, statement of work, or engagement letter. Where that document conflicts with these terms, that document takes precedence.

Information on the Site is provided for general information only. It does not constitute advice on which you should rely, and it is not a guarantee of any particular result.

2. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content"), and of our trade marks, logos, and brand assets (the "Marks").

Our Content and Marks are protected by copyright and trade mark law in the United Kingdom and elsewhere. Any breach of these intellectual property rights constitutes a material breach of these legal terms.

Where we produce deliverables for a client, ownership of those deliverables passes to the client on payment in full, unless the relevant proposal or engagement letter states otherwise. We retain ownership of our own methods, templates, frameworks, and any pre-existing materials used to produce them.

3. User representations

By using the Services, you represent and warrant that you have the legal capacity to agree to these terms, that you are not a minor, that any information you submit is accurate, and that your use of the Services will not breach any applicable law or regulation.

4. Fees and payment

Fees for client work are set out in the relevant proposal or engagement letter. Unless agreed otherwise in writing:

• All fees are quoted and payable in GBP
• Retainer fees are invoiced monthly in advance
• Invoices are payable within 14 days of the invoice date
• We accept payment by bank transfer, or by card via an agreed payment processor
• We reserve the right to suspend work on any account where an invoice remains unpaid beyond 30 days
• Late payment may attract interest and reasonable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998

Unless stated otherwise, quoted fees exclude VAT and exclude third-party costs such as advertising spend, software licences, or paid placements, which are charged at cost.

5. Cancellation and refunds

Because our work is bespoke and delivered over time, fees for work already carried out are non-refundable once a service has commenced, unless otherwise agreed in writing.

Either party may terminate an ongoing engagement by giving 30 days' written notice, unless the relevant proposal or engagement letter specifies a different notice period or minimum term. Fees for the notice period remain payable.

If you have any concerns about work we have delivered, contact us at rick@kestrelco.co.uk and we will discuss it with you.

6. Client responsibilities

Where we deliver Services to you, you agree to:

• Provide the access, information, and approvals we reasonably need to carry out the work, including access to your website, analytics, and search accounts where relevant
• Respond to requests for information or approval within a reasonable time
• Ensure that any material you supply to us does not infringe the rights of any third party
• Not instruct us to carry out work that would breach the guidelines of any search engine or platform

Delays caused by a failure to provide access, information, or approvals may affect timelines, and do not relieve you of the obligation to pay fees due.

7. Results and no guarantee

Search rankings, visibility in AI search results, traffic, enquiries, and revenue are affected by factors outside our control, including search engine and AI platform algorithms, competitor activity, your own website and business operations, and market conditions.

We will carry out the Services with reasonable care and skill. We do not guarantee any specific ranking, position, level of visibility, volume of traffic, number of enquiries, or level of revenue, and any forecast, estimate, or projection we provide is an informed estimate rather than a promise.

8. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make them available. Prohibited activities include systematically retrieving data or content from the Site without our written permission, circumventing or interfering with security features, attempting to impersonate another user, uploading malicious code, and using the Services in breach of any applicable law.

9. Third-party services

The Services may rely on, integrate with, or link to third-party platforms and tools, including search engines, AI platforms, analytics providers, and hosting providers. We are not responsible for the availability, accuracy, terms, or policies of any third party, or for changes those third parties make to their platforms or algorithms.

10. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other in the course of an engagement, and to use it only for the purpose of that engagement. This obligation does not apply to information that is or becomes public through no fault of the receiving party, or that must be disclosed by law.

Unless you tell us otherwise in writing, we may refer to you as a client and use your name and logo as a reference on our website and in marketing materials.

11. Privacy

We take data privacy seriously. Please review our Privacy Policy, which forms part of these legal terms.

12. Disclaimer

The Site and its content are provided on an "as-is" and "as-available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use of it.

Nothing in these terms excludes or limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the law of England and Wales.

13. Limitation of liability

Subject to section 12, and to the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, or consequential loss, or for any loss of profit, revenue, business, goodwill, or anticipated savings, arising out of or in connection with the Services.

Subject to section 12, our total aggregate liability arising out of or in connection with an engagement shall not exceed the total fees paid by you to us in the three months immediately preceding the event giving rise to the claim.

14. Indemnity

You agree to indemnify us against any claim, loss, or expense arising from your breach of these legal terms, from material you supply to us, or from your use of the Services in breach of any applicable law.

15. Changes to these terms

We may update these legal terms from time to time. The revised version will be indicated by an updated date at the top of this page, and will take effect when posted. Where we are delivering Services under a signed proposal or engagement letter, changes to these terms will not alter the agreed scope or fees for that engagement.

16. Governing law

These legal terms are governed by and construed in accordance with the laws of England and Wales. You and we agree to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute.

17. Contact us

Email

rick@kestrelco.co.uk

Phone

+44 7950 691646

Post

Avarra Solutions LTD (trading as Kestrel)Markenfield HallRiponHG4 3ADUnited Kingdom

Company number: 16415908