Terms and Conditions

This website at firelake-dev.com is a site operated by Firelake Ltd ("Firelake", "we", "us" or "our"). The following details are provided in accordance with section 82 of the Companies Act 2006 and the Electronic Commerce (EC Directive) Regulations 2002.

We are a private company limited by shares. We provide software engineering and IT consultancy services to business customers.

These terms of use, together with the documents referred to in them, set out the terms on which you may make use of this website, whether as a visitor or a registered user, and whether or not you submit an enquiry to us.

By using this website you confirm that you accept these terms and that you agree to comply with them. If you do not agree, you must not use this website.

We recommend that you print or save a copy of these terms for your records.

The following additional policies also apply to your use of this website:

• Our Privacy Policy, which sets out how we collect, use and protect personal data, and the rights you have in relation to that data.
• Our Cookie Policy, which sets out what information, if any, is stored on your device when you visit this website.

Where we agree in writing to supply services to you, those services will be governed by a separate written agreement between us. In the event of any conflict between these terms and such an agreement, the separate agreement will prevail in relation to the services it covers.

We may amend these terms at any time by amending this page. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. The date at the top of this page shows when these terms were last updated.

We may update and change this website from time to time to reflect changes to our services, our users' needs and our business priorities.

This website is made available free of charge. We do not guarantee that it, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of this website for business and operational reasons, and we will try to give you reasonable notice of any suspension or withdrawal where practicable.

This website, and the services described on it, are directed at businesses and at persons acting in the course of a business, trade, craft or profession. We do not supply services to consumers.

If you are a consumer, nothing in these terms affects your statutory rights, and any provision that seeks to exclude or limit liability applies only to the extent permitted by law in your case.

You are responsible for ensuring that all persons who access this website through your internet connection are aware of these terms and comply with them.

The content on this website is provided for general information only. It is not advice on which you should rely, and it does not constitute legal, regulatory, financial, compliance or technical advice. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of content on this website.

References on this website to payment industry standards, schemes and regulatory regimes — including but not limited to PCI DSS, ISO 8583, ISO 20022, 3-D Secure 2, strong customer authentication and exemptions from it — are general descriptions of the subject matter of our engineering practice. They are not statements about your compliance obligations, and they are not certifications, attestations or audit opinions.

We make reasonable efforts to keep the information on this website accurate and current.

Figures on this website describe our own record and the engineering targets we work to. Where a figure states a target — a latency budget, an availability objective, a response time — it describes what we design against.

Any performance commitment we are prepared to give will be set out expressly in a signed written agreement between us.

Nothing on this website forms an offer capable of acceptance, and nothing on it constitutes an invitation to treat in respect of any specific price, timescale or outcome.

We are the owner or the licensee of all intellectual property rights in this website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page from this website for your own internal business reference, provided that:

• you do not modify the paper or digital copies of any materials you have printed off or downloaded in any way;
• you do not use any illustrations, photographs, diagrams or graphics separately from any accompanying text; and
• our status as the author of the material is always acknowledged.

You must not use any part of the content on this website for commercial purposes without obtaining a licence to do so from us. If you print off, copy or download any part of this website in breach of these terms, your right to use it will cease immediately and you must, at our option, return or destroy any copies you have made.

The name "Firelake", the Firelake device mark and our associated logos and get-up are marks of Firelake Ltd. You are not permitted to use them without our prior written approval.

Submitting an enquiry through this website, or contacting us by email, does not create a contract, a retainer or a professional relationship between us. No obligation arises on either side unless and until a written agreement is signed by both parties.

We may decline any enquiry, at our discretion and without giving reasons. We do not undertake to respond to every enquiry, or to respond within any particular period.

You must ensure that the information you submit is accurate, that you are entitled to submit it, and that in doing so you do not infringe the rights of any third party or breach any obligation of confidence you owe to another person.

Please do not send confidential, commercially sensitive or personally sensitive information through this website. Email and web forms are not secure channels, and information sent through them may be intercepted or lost in transit.

Where we receive unsolicited technical or commercial information through this website, we will treat it as confidential so far as is reasonably practicable and will not use it other than to respond to your enquiry. However, we cannot accept liability for the confidentiality of material submitted before a written confidentiality agreement is in place between us.

If you need to share confidential material with us, please ask us for a non-disclosure agreement first. We will provide one before any detailed technical exchange takes place.

You may use this website only for lawful purposes. You may not use it:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material;
• to knowingly transmit any data, or send or upload any material, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• to access without authority, interfere with, damage or disrupt any part of this website, any equipment or network on which it is stored, any software used in its provision, or any equipment, network or software owned or used by any third party;
• to conduct any form of penetration testing, vulnerability scanning or other security testing against this website or its infrastructure without our prior express written permission; or
• to data-mine, scrape, harvest or systematically extract data from this website by automated means, or to reproduce, duplicate or resell any part of it.

We will report any breach of this section to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.

We do not guarantee that this website will be secure or free from bugs, errors or viruses. You are responsible for configuring your information technology, computer programmes and platform to access this website, and you should use your own virus protection software.

You must not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which it is stored, or any server, computer or database connected to it. You must not attack this website via a denial-of-service attack or a distributed denial-of-service attack.

By breaching the provision above, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to this website on any website that is not owned by you, and you must not frame this website on any other site or create a link to any part of this website other than the home page.

We reserve the right to withdraw linking permission without notice.

Where this website contains links to other sites and resources provided by third parties, those links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or of any information you may obtain from them.

We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, this website; or
• use of or reliance on any content displayed on this website.

In particular, and without limiting the generality of the above, we will not be liable for:

• loss of profits, sales, business or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any content on it or on any website linked to it.

Any exclusion or limitation in this section applies only to the extent that it is reasonable within the meaning of the Unfair Contract Terms Act 1977.

We will only use personal data you provide through this website in accordance with our Privacy Policy, the UK General Data Protection Regulation and the Data Protection Act 2018.

If you submit an enquiry, we use the details you give us solely to respond to that enquiry and to keep a record of our correspondence. We do not sell personal data, and we do not use it for advertising or profiling.

You have rights over your personal data, including the right to ask for a copy of it, to ask us to correct or erase it, and to complain to the Information Commissioner's Office. Those rights are set out in full in our Privacy Policy.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an event outside our reasonable control. This includes, without limitation, failure of public or private telecommunications networks, failure of internet or hosting infrastructure, cyber attack, power failure, industrial action, civil commotion, fire, flood, epidemic, or the acts, decrees or restrictions of any government or public authority.

If any provision of these terms is found to be invalid, unlawful or unenforceable by any court or authority of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect.

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations.

These terms are between you and us. No other person has any right to enforce any of these terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We may transfer our rights and obligations under these terms to another organisation, including on a sale or reorganisation of our business. You may not transfer your rights or obligations under these terms without our prior written consent.

These terms, together with the policies referred to in section 3, constitute the entire agreement between you and us in relation to your use of this website, and supersede any prior arrangement, understanding or agreement in relation to it.

These terms, their subject matter and their formation — and any non-contractual dispute or claim arising out of or in connection with them — are governed by the law of England and Wales.

You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or their subject matter.

To contact us about these terms, about anything on this website, or to report a problem with it, please write to business@firelake-dev.com, or by post to Firelake Ltd, 128 City Road, London, EC1V 2NX, United Kingdom.

Thank you for visiting our website.