Terms and Conditions

Last updated: September 6, 2025

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of the website and services provided by FAT CACTUS LIMITED, a company registered in England (Registration Number: 12235919) with its registered office at 43 Cumberland House Kingston Hill, Kingston Upon Thames, England, KT2 7LH.

By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Company Information

• Company Name: FAT CACTUS LIMITED
• Registration Number: 12235919
• Registered Address: 43 Cumberland House Kingston Hill, Kingston Upon Thames, England, KT2 7LH
• Email: [email protected]
• Governing Law: England and Wales

3. Services

FAT CACTUS LIMITED provides computer programming services including but not limited to:

• Web development and design
• Mobile application development
• Custom software development
• Cloud solutions and infrastructure
• IT consulting services
• Software maintenance and support

4. Service Agreements

4.1 Project Scope

All projects will be governed by a separate written agreement that outlines the specific scope, timeline, deliverables, and payment terms. These Terms supplement but do not replace project-specific agreements.

4.2 Client Responsibilities

Clients are responsible for:

• Providing accurate and complete project requirements
• Timely provision of necessary materials, content, and access
• Prompt feedback and approvals
• Payment according to agreed terms
• Compliance with all applicable laws and regulations

5. Payment Terms

5.1 Fees

Payment terms will be specified in individual project agreements. Unless otherwise agreed, standard terms are:

• 50% deposit required before work commences
• Remaining balance due upon project completion
• Payment due within 30 days of invoice date

5.2 Late Payments

Late payments may incur interest charges of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for overdue accounts.

6. Intellectual Property

6.1 Client Content

Clients retain ownership of all content, data, and materials provided to us. By providing content, clients grant us a license to use it for the purpose of delivering services.

6.2 Developed Solutions

Unless otherwise agreed in writing, clients will own the final delivered software solutions upon full payment. We retain the right to use general knowledge, skills, and techniques developed during the project.

6.3 Third-Party Components

Our solutions may incorporate third-party software, libraries, or components subject to their respective licenses. Clients are responsible for compliance with such licenses.

7. Confidentiality

We agree to maintain the confidentiality of all client information and not to disclose it to third parties without written consent, except as required by law or with prior written authorization.

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that our services will be performed with reasonable care and skill in accordance with industry standards. We will correct any defects in our work at no additional charge for a period of 90 days after delivery.

8.2 Disclaimers

Except as expressly stated, our services are provided "as is" without any warranties, express or implied. We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

Our total liability for any claim arising out of or relating to our services shall not exceed the total fees paid by the client for the specific project giving rise to the claim. We shall not be liable for any indirect, incidental, consequential, or punitive damages.

10. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, government regulations, disasters, strikes, or internet service failures.

11. Termination

11.1 Termination by Client

Clients may terminate projects with 14 days written notice. Clients are responsible for payment of all work completed up to the termination date.

11.2 Termination by Company

We may terminate services immediately if the client breaches these Terms or fails to make payments when due.

12. Website Terms

12.1 Acceptable Use

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the website.

12.2 Content Accuracy

While we strive to ensure the accuracy of information on our website, we cannot guarantee that all information is current, complete, or error-free.

13. Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the English courts.

14.2 Alternative Dispute Resolution

We encourage resolution of disputes through direct communication. If necessary, we are willing to participate in mediation before pursuing legal action.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a new "Last updated" date. Continued use of our services after changes constitutes acceptance of the new Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with any project-specific agreements and our Privacy Policy, constitute the entire agreement between you and FAT CACTUS LIMITED regarding the use of our services.

18. Contact Information

For questions about these Terms and Conditions, please contact us:

• Email: [email protected]
• Address: 43 Cumberland House Kingston Hill, Kingston Upon Thames, England, KT2 7LH