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Bright Spells - Terms & Conditions

All sales are subject to the following Terms & Conditions which were last modified on 12th January 2003 (Version 1).

Definition of Terms

Term Definition
"we"/"us"/"our" means Bright Spells Ltd, the UK registered company 03411248, whose registered office is 10 Woburn Close, Frimley, CAMBERLEY, GU16 8NU
"you"/"your" denotes you, the customer
"third party" anyone else, i.e. not us and not you.
website name(s) domain name as used in common Internet parlance 
service(s) refers to all services we supply, including but not limited to, login access to the "Wizard", software, dial-up internet access
Wizard The Bright Spells Web Wizard application, developed by us, which enables a customer to add to and update the information in their website
days All days referred to in this agreement shall be deemed to mean calendar days

Provision of Services & Products

  1. We will supply all software and services as ordered by you.
  2. We will use all reasonable efforts to ensure the requested services and products are supplied by the delivery dates specified by you and agreed by us. 
  3. You agree that by use of any of the services and/or products provided by us, in part or full, constitutes full acceptance of these terms and conditions.

Ownership & Copyright

  1. All services and products provided by us are purchased on a non-exclusive non-transferrable Right to Use basis only and do not constitute ownership in any respect by you.
  2. The "Wizard" application and all associated services remain the complete property of us and cannot in part or full be modified, copied, or redistributed in anyway whatsoever.
  3. All websites produced by us, including those created by the "Wizard" remain the property of us and cannot in part or full be modified, copied, and/or used elsewhere.
  4. By using or purchasing any of our products or services you agree not to determine how they are constructed in anyway whatsoever and agree not to copy in part or full any of the techniques we have used.
  5. We reserve all Intellectual property rights associated with our products and services.
  1. You agree to ensure that all services provided by us will not be used for any illegal activity and you agree to indemnify us from any and all liability that may arise due to such usage. Such activity will be deemed to include but not limited to the publishing of any material that is considered by us or any third party to be obscene, threatening, defamatory or which in any way infringes the Intellectual property rights of another party.
  2. You accept responsibility for all items published on or transmitted from your website. We will only act as a distributor of the information you enter into the "Wizard" and we will not examine it any way except for the purpose of quality assurance, accounting and routing it over the internet.


  1. You agree to pay in full for all products and services requested for by you once received.
  2. All invoices must be paid in full within thirty calendar days of receipt.
  3. When payment for on-going services through a Standing Order has been agreed you agree to do all that is necessary to set-up the Standing Order to us and you agree to insure that sufficient funds are always available at the time of each payment. In the event that a due payment is not received through a Standing Order for whatever reason you agree to make that payment in full within seven days of the Standing Order due date by whatever means. Furthermore you agree to do all that is necessary to ensure that subsequent Standing Order payments are received on time.


  1. We will not be liable to you for any loss of revenue or profits, loss of business or other consequential damages.
  2. Our liability to you is restricted to the total value of any amounts paid by you to us in the previous standard invoicing period. 


  1. The minimum period for this agreement for the provision for on-going services which are paid for by a subscription shall be twelve months except for the "Wizard" subscription when paid by Monthly Standing Order which will then be one month.
  2. For on-going services which are paid for by subscription this agreement is open-ended and therefore has no maximum period. The absence of a written notice of termination from you to us constitutes a request for on-going service provision. 
  3. You may terminate the supply of on-going services by giving a minimum of thirty days notice in writing to us. If you cancel payment of an on-going service without sufficient notice you agree to pay all costs incurred by us a result including our own administrative costs and any payments due to third parties. 
  4. We reserve the right to terminate this Agreement and all services we supply to you immediately and without notice if you break any of the terms of this agreement. You agree to forfeit all rights to refunds and any monies paid under this agreement should such action be taken.

Force Majeure

  1. We shall not be liable to you for any breach of this agreement for failing to perform any obligation where such breach in part or full was the result of any circumstances beyond our reasonable control or was the result of circumstances that we could not reasonably have predicted or expected. 


  1. The Laws of England will apply to this Agreement and any modification of it and any dispute will be resolved in England by Arbitration where no issue of Law arises or failing that, in the Courts.