Terms & Conditions

MIXDEK LIMITED

Welcome to the website of MIXDEK LIMITED. These Terms & Conditions explain the rules that apply when you access our website, contact us about our services, request a proposal, or engage us to provide information technology consultancy and related professional services.

By continuing to use this website, you agree to comply with these Terms. Where MIXDEK LIMITED and a client enter into a separate written agreement, proposal or Statement of Work, the specific terms agreed for that engagement will take precedence where they differ from these general Terms.

About MIXDEK LIMITED

MIXDEK LIMITED is an independent information technology consultancy providing professional technology advice, planning and implementation support to businesses and organisations.

Our consultancy work may cover areas such as:

  • IT strategy and technology planning
  • Digital transformation
  • Cloud and infrastructure
  • Security and operational resilience
  • Technology assessments
  • Systems and process improvement
  • Project and implementation support

Each engagement is considered according to the individual client’s objectives, existing technology environment, operational requirements and available resources.

Registered Office:
Flat 7 Braywick Court
Queens Road
Kingston Upon Thames
England
KT2 7SQ

Website: mixdeklimited.co.uk

Using Our Website

The information available on this website is provided to explain who we are, the services we offer and the ways in which prospective clients may contact us.

You may use the website only for lawful purposes.

You must not use the website in any way that could damage, disable or interfere with its operation or the ability of another person to use it.

You must not attempt to gain unauthorised access to:

  • our website
  • hosting environment
  • servers
  • databases
  • administrative systems
  • user accounts
  • restricted areas

Introducing malware, viruses or other malicious technology is prohibited.

Information Published on the Website

We take reasonable care when preparing information for our website. However, website content is intended to provide general information about our business and services.

It should not be regarded as a substitute for technology advice specifically prepared for your organisation.

Technology requirements vary significantly between businesses. A recommendation suitable for one organisation may not be suitable for another.

We therefore normally assess the relevant business, systems, risks and requirements before providing project-specific advice.

Consultancy Engagements

A consultancy relationship may begin after discussions between MIXDEK LIMITED and a prospective client regarding its requirements.

Before substantial work begins, the parties may agree matters such as:

Scope of work
The particular services we are expected to perform.

Deliverables
Reports, assessments, recommendations, implementation work or other outputs to be provided.

Project schedule
Expected stages and indicative completion dates.

Commercial terms
Project fees, payment stages, day rates, retainers or other agreed charges.

Responsibilities
Information, access and cooperation required from each party.

These details may be documented through a quotation, proposal, Statement of Work, engagement letter or separate services agreement.

How We Deliver Our Services

Our consultancy may involve reviewing an organisation’s current technology environment before recommendations are made.

Depending upon the assignment, our work may include:

Understanding the current position
Reviewing existing systems, processes, infrastructure and business requirements.

Developing recommendations
Identifying practical improvements and considering priorities, risks, cost and implementation requirements.

Supporting implementation
Helping the client or its chosen providers put agreed recommendations into practice where implementation assistance forms part of our scope.

The exact process will depend upon the services commissioned by the client.

Client Cooperation

Successful consultancy work depends on accurate information and appropriate cooperation from the client.

Clients are therefore expected to provide reasonable access to the information, systems and personnel required for us to carry out the agreed work.

This may include:

  • technical information
  • system documentation
  • existing contracts
  • project requirements
  • access to relevant employees
  • access to technology platforms
  • business objectives
  • security requirements
  • timely approvals and decisions

The client is responsible for ensuring that it has appropriate authority to provide any information or access given to MIXDEK LIMITED.

Information Supplied to Us

We are entitled to rely upon information provided by the client unless there is an obvious reason to believe it is incorrect.

The client should make reasonable efforts to ensure that information supplied to us is accurate, complete and current.

If important information is withheld, inaccurate or provided late, this may:

  • affect our recommendations
  • delay delivery
  • require additional work
  • alter the project cost
  • affect the outcome of the engagement

MIXDEK LIMITED will not be responsible for problems that arise primarily because materially incorrect or incomplete information was supplied to us.

Changes to Project Requirements

Technology projects may evolve after work begins.

If a client requests substantial additional work or changes the original requirements, we may review the agreed:

  • scope
  • price
  • timetable
  • staffing
  • deliverables

Additional work may be quoted and approved separately before it is carried out.

Minor adjustments may be accommodated within an existing engagement where reasonably practical.

Professional Standard

MIXDEK LIMITED will perform its services with reasonable care and skill expected of a professional technology consultancy.

Technology decisions often involve multiple viable options, and commercial results can depend upon circumstances outside our control.

Our recommendations should therefore be understood as professional advice based upon the information, systems and circumstances available to us at the relevant time.

The client remains responsible for final commercial and management decisions.

Third-Party Technology

Many IT projects depend upon technologies supplied by external companies.

These may include:

  • cloud platforms
  • hosting providers
  • software vendors
  • cybersecurity platforms
  • telecommunications providers
  • hardware manufacturers
  • SaaS applications
  • specialist technology contractors

Where we recommend or work with third-party technology, the supplier of that technology remains responsible for its own products and services unless we have expressly agreed otherwise in writing.

MIXDEK LIMITED does not control a third party’s:

  • pricing
  • uptime
  • product changes
  • security
  • availability
  • licensing terms
  • service levels

Clients should review the relevant provider’s terms before entering into a third-party agreement.

Cybersecurity

Where we provide cybersecurity, resilience or risk-related consultancy, our work is intended to help the client identify and manage technology risks.

No organisation or technology system can be guaranteed to be completely protected against cyber threats.

A security review or recommendation from MIXDEK LIMITED therefore does not represent a guarantee that:

  • cyberattacks will never occur
  • systems cannot be compromised
  • data cannot be lost
  • vulnerabilities will never arise
  • business interruption is impossible

The objective of such services is to identify relevant risks and recommend proportionate measures within the agreed scope.

Backups and Business Continuity

Unless backup management is specifically included within our agreed services, clients remain responsible for maintaining appropriate backups of their systems and important information.

Before major changes, migrations or implementations are carried out, suitable backup and recovery arrangements should normally be maintained.

Clients are also responsible for maintaining appropriate business continuity arrangements for their organisation.

Fees

The amount payable for our services will normally be agreed before the relevant work is undertaken.

Depending on the engagement, fees may be calculated using:

  • a fixed project amount
  • hourly rates
  • daily consultancy rates
  • project stages
  • milestone payments
  • recurring retainers
  • another agreed pricing arrangement

The applicable quotation, proposal or Statement of Work will contain the relevant commercial terms.

Invoices and Payment

Invoices issued by MIXDEK LIMITED must be paid according to the payment period stated on the relevant invoice or engagement documentation.

Clients should raise any genuine invoice query promptly.

Where an undisputed invoice remains overdue, MIXDEK LIMITED may exercise its contractual and legal rights, which may include temporarily suspending further work until the outstanding amount has been resolved.

Any properly accrued fees remain payable even if a project is subsequently suspended or terminated.

Expenses and External Costs

Where an engagement requires expenses or services supplied by third parties, these will be dealt with according to the relevant proposal or agreement.

We will not normally incur substantial external expenditure on a client’s behalf without appropriate authorisation.

Confidential Information

During an engagement, either party may receive commercially sensitive information belonging to the other.

Examples can include:

  • business plans
  • system architecture
  • customer information
  • financial information
  • security arrangements
  • internal procedures
  • pricing
  • technical documentation
  • proprietary processes

Both parties should take reasonable steps to protect confidential information and should not disclose it unnecessarily to third parties.

Confidential information may nevertheless be disclosed where required by law, regulation, court order or a competent authority.

Data Protection

MIXDEK LIMITED handles personal information in accordance with applicable UK data protection requirements.

Further information regarding our use of personal information and website cookies is contained in our separate Privacy & Cookies Policy.

Where a specific engagement requires MIXDEK LIMITED to process personal data on behalf of a client, appropriate data-processing provisions may be incorporated into the applicable service agreement where necessary.

Intellectual Property

Any intellectual property owned by either party before a project begins will continue to belong to that party.

MIXDEK LIMITED may continue to own its existing:

  • methodologies
  • templates
  • consultancy frameworks
  • processes
  • tools
  • know-how
  • reusable materials

Ownership or permitted use of bespoke project deliverables may be addressed in the applicable proposal, Statement of Work or agreement.

Unless expressly transferred in writing, no provision of these Terms should be interpreted as automatically assigning all intellectual property belonging to MIXDEK LIMITED.

Client Content and Materials

Any documents, branding, data or other materials supplied by a client remain the client’s property or the property of their respective owner.

By supplying those materials to us, the client authorises MIXDEK LIMITED to use them insofar as reasonably necessary to carry out the agreed work.

The client is responsible for ensuring that it is entitled to provide such materials to us.

Project Timings

We aim to deliver services within agreed or estimated timeframes.

However, delivery dates may depend upon circumstances such as:

  • availability of client personnel
  • provision of information
  • approvals
  • third-party suppliers
  • system access
  • technical issues
  • changes to requirements

Unless expressly agreed otherwise in writing, project dates are estimates rather than guaranteed deadlines.

If we become aware of a material delay, we will endeavour to inform the client within a reasonable period.

Suspension or Ending an Engagement

Specific termination arrangements may be stated in the applicable contract or Statement of Work.

Where appropriate, an engagement may also be suspended if:

  • significant invoices remain unpaid
  • required access is withdrawn
  • the client does not provide essential cooperation
  • continuing the work would present an unacceptable security risk
  • carrying out the work would breach applicable law

If an engagement ends, the client remains responsible for payment for properly completed work and authorised costs incurred up to the termination date.

Provisions relating to confidentiality, intellectual property, outstanding payments and liability may continue after termination where their nature requires this.

Liability

Nothing in these Terms is intended to exclude liability that cannot legally be excluded under the laws of England and Wales.

Subject to applicable law and any specific terms separately agreed with a client, MIXDEK LIMITED will not ordinarily be responsible for losses that are indirect or consequential rather than the direct result of our breach.

This may include losses relating to:

  • anticipated profits
  • business opportunities
  • goodwill
  • anticipated savings
  • indirect commercial losses

Where a particular liability limit is required for an engagement, it should be set out in the applicable services agreement, proposal or Statement of Work.

Events Outside Our Control

MIXDEK LIMITED will not be responsible for a delay or failure that results from circumstances reasonably outside our control.

Examples may include:

  • widespread internet outages
  • telecommunications failures
  • natural disasters
  • serious power failures
  • governmental restrictions
  • industrial action
  • major cyber incidents
  • failure of critical third-party infrastructure

We will take reasonable steps to reduce the impact of such events where practicable.

Website Intellectual Property

Unless otherwise indicated, the original material appearing on the MIXDEK LIMITED website is owned by us or used under appropriate permission.

This may include:

  • text
  • branding
  • graphics
  • website layouts
  • service descriptions
  • design elements

Website material may be viewed and used for normal personal or business-reference purposes.

It must not be copied, republished or commercially exploited without appropriate permission unless permitted by law.

Links to Other Websites

Our website may contain links to websites or services controlled by third parties.

A link is provided for convenience and does not necessarily mean that MIXDEK LIMITED endorses or controls the third party.

We are not responsible for the content, availability, security or privacy practices of independent external websites.

Website Availability

Although we aim to maintain a reliable website, continuous availability cannot be guaranteed.

We may:

  • update content
  • change website features
  • temporarily suspend sections
  • withdraw content
  • carry out technical maintenance

without being liable merely because website access has temporarily been unavailable.

No Partnership or Employment Relationship

A consultancy engagement between MIXDEK LIMITED and a client does not create a partnership, employment relationship, agency or joint venture unless this is specifically agreed in writing.

Each party operates as an independent entity.

Entire Agreement

For consultancy services, the complete agreement between MIXDEK LIMITED and a client may consist of these Terms together with any applicable:

Proposal + Statement of Work + Service Agreement + agreed written amendments.

Specific negotiated terms contained in those documents will take priority over these general website Terms where there is a direct conflict.

Changes to These Terms

We may update these Terms & Conditions to reflect changes in:

  • our services
  • our website
  • business practices
  • technology
  • applicable law

The current version will be made available through our website with an updated effective date.

Changes to website Terms do not automatically amend a separately signed contract with an existing client.

Governing Law

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

Unless a separate written agreement states otherwise, disputes connected with these Terms will be subject to the jurisdiction of the courts of England and Wales.

Contact Details

Questions about these Terms & Conditions may be directed to:

MIXDEK LIMITED
Flat 7 Braywick Court
Queens Road
Kingston Upon Thames
England
KT2 7SQ