Terms & Conditions

Last Updated: 24 June 2026

1. Introduction

Welcome to Whale Tech & Digital Solutions.

These Terms & Conditions ("Terms") govern your access to and use of the Whale Tech & Digital Solutions website and the services provided by Whale Ltd ("Whale", "we", "our" or "us").

By accessing our website, requesting a quotation, purchasing our services or otherwise engaging with Whale Tech & Digital Solutions, you agree to be bound by these Terms.

If you do not agree with these Terms, you should not use our website or purchase our services.

These Terms should be read together with our Privacy Policy, Cookie Policy and any service-specific agreements that may apply.

2. About Us

Whale Tech & Digital Solutions is the trading name of Whale Ltd, a company incorporated in England and Wales.

Company Number: 15297668

Registered Office

71–75 Shelton Street

Covent Garden

London WC2H 9JQ

United Kingdom

Website:

https://whaleltd.co.uk

Email:

info@whaleltd.co.uk

3. Definitions

In these Terms:

Client means any individual, business or organisation purchasing or requesting services from Whale Tech & Digital Solutions.

Services means any products or services offered by Whale Tech & Digital Solutions, whether currently available or introduced in the future.

Services may include, without limitation:

• Website Development
• Website Maintenance
• Website Hosting Management
• IT Consulting
• Software Development
• Business Technology Consulting
• Digital Consultancy
• AI Solutions
• Business Automation
• E-commerce Consultancy
• Amazon Seller Support
• SEO Services
• Digital Products
• Subscription Services
• Online Consultancy
• Cloud-Based Solutions
• Future digital or technology services.

Website means:

https://whaleltd.co.uk

Agreement means these Terms together with any quotation, proposal, statement of work, order confirmation or service-specific agreement accepted by both parties.

4. Acceptance of These Terms

By using our website or requesting any of our services, you confirm that:

• you are at least 18 years of age or otherwise legally capable of entering into a binding agreement;
• you have authority to act on behalf of any business you represent;
• the information you provide is accurate to the best of your knowledge;
• you will use our website and services only for lawful purposes.

If you are acting on behalf of a company or other organisation, you confirm that you have authority to bind that organisation to these Terms.

5. Our Services

Whale Tech & Digital Solutions provides professional technology and digital consultancy services.

The scope of any service will be determined by the relevant quotation, proposal, project specification or written agreement.

Unless expressly agreed otherwise in writing:

• all services are provided on a business-to-business or business-to-consumer basis, depending on the client relationship;
• quotations are estimates only and do not create a binding contract until accepted by both parties;
• project scope, pricing and delivery times may vary according to the agreed specification;
• additional work requested outside the agreed scope may be subject to additional charges.

From time to time, we may introduce new services or discontinue existing services. These Terms will apply to such services unless separate service-specific terms are provided.

6. Client Responsibilities

To enable Whale Tech & Digital Solutions to provide the Services efficiently, the Client agrees to cooperate throughout the project and to provide all information, materials and approvals reasonably required.

Unless otherwise agreed in writing, the Client is responsible for:

• providing accurate and complete information;
• supplying all required text, images, logos and other content;
• ensuring that all materials supplied may lawfully be used by Whale Tech & Digital Solutions;
• reviewing deliverables within a reasonable time;
• providing clear and timely feedback;
• making payments in accordance with the agreed payment terms;
• obtaining any necessary permissions, licences or consents relating to content provided by the Client.

The Client acknowledges that delays in providing information, approvals or feedback may affect project timescales and delivery dates.

Where delays are caused by the Client, Whale Tech & Digital Solutions shall not be responsible for any resulting delay in delivery.

6.1 Client Content

The Client remains solely responsible for all content supplied to Whale Tech & Digital Solutions, including but not limited to:

• text;
• photographs;
• logos;
• trademarks;
• videos;
• documents;
• software;
• graphics;
• branding materials.

The Client warrants that it has all necessary rights, licences and permissions to provide such content and to authorise its use.

Whale Tech & Digital Solutions shall not be responsible for verifying ownership of materials supplied by the Client.

6.2 Project Communication

The Client agrees to appoint an appropriate point of contact for project communications where reasonably practicable.

Instructions provided by the Client's authorised representative may be relied upon by Whale Tech & Digital Solutions unless otherwise agreed in writing.

6.3 Approvals

Where approval is requested for designs, content, specifications or other deliverables, the Client agrees to review and respond within a reasonable period.

Failure to provide feedback within a reasonable time may result in delays to the project schedule.

Where appropriate, Whale Tech & Digital Solutions may continue work based upon the most recent approved version.

6.4 Changes to Scope

Any request that materially changes the agreed scope of work may constitute a variation to the project.

Whale Tech & Digital Solutions reserves the right to:

• revise project timescales;
• revise project pricing;
• issue a revised quotation;
• agree a separate statement of work for additional services.

No additional work shall be carried out unless agreed by both parties.

6.5 Third-Party Services

Where the Client requests integration with third-party platforms, software or services, Whale Tech & Digital Solutions cannot guarantee the continued availability, functionality or compatibility of those third-party services.

Any changes made by third-party providers may affect the operation of the Services without liability on the part of Whale Tech & Digital Solutions.

6.6 Client Credentials

Where the Client provides login credentials or access to websites, hosting accounts, cloud services, marketplaces or other systems, Whale Tech & Digital Solutions will use such access solely for the purpose of providing the agreed Services.

The Client remains responsible for maintaining the security of its accounts, passwords and authentication methods.

We recommend that passwords are changed following completion of the Services.

7. Fees and Payment

The fees payable for the Services shall be those set out in the relevant quotation, proposal, invoice or other written agreement between Whale Tech & Digital Solutions and the Client.

Unless otherwise agreed in writing:

• all prices are stated in Pound Sterling (£);
• applicable taxes, including VAT where chargeable, will be identified separately where required;
• payment terms shall be specified in the relevant quotation or invoice;
• work may not commence until any required advance payment has been received.

Whale Tech & Digital Solutions reserves the right to suspend or delay the provision of Services where payment has not been received in accordance with the agreed terms.

Late payments may result in additional administrative charges and, where applicable, statutory interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

8. Quotations

Unless expressly stated otherwise:

• quotations are valid for 30 days from the date of issue;
• quotations are based on the information available at the time they are prepared;
• quotations may be revised where project requirements change;
• quotations do not constitute a binding agreement until accepted by both parties.

9. Intellectual Property

Unless otherwise agreed in writing, Whale Tech & Digital Solutions retains ownership of all intellectual property rights in:

• methodologies;
• software;
• source code;
• templates;
• development frameworks;
• AI workflows;
• internal tools;
• documentation;
• know-how;
• processes developed independently of the Client.

Upon receipt of all amounts due, the Client will receive the rights expressly granted in the relevant agreement.

Nothing in these Terms transfers ownership of Whale Tech & Digital Solutions' pre-existing intellectual property.

9.1 Client Materials

The Client retains ownership of all materials supplied by the Client.

The Client grants Whale Tech & Digital Solutions a non-exclusive licence to use such materials solely for the purpose of providing the agreed Services.

9.2 Third-Party Software

Projects may include third-party software, plugins, themes, APIs, fonts or other components licensed by third parties.

Such components remain subject to the licence terms of their respective owners.

Whale Tech & Digital Solutions does not transfer ownership of third-party intellectual property.

9.3 Open Source Software

Where open-source software is used, such software shall remain subject to the applicable open-source licence.

Nothing in these Terms limits the rights granted under those licences.

10. Delivery

Estimated delivery dates are provided in good faith.

Unless expressly agreed otherwise in writing:

• delivery dates are estimates only;
• time shall not be of the essence;
• delivery schedules may reasonably change where project requirements change or where delays occur outside our reasonable control.

Where delays arise due to the Client's actions or omissions, delivery dates shall be extended accordingly.

11. Revisions

Unless otherwise agreed in writing, the number of revisions included within a project shall be specified in the relevant quotation or proposal.

Requests falling outside the agreed revision scope may be treated as additional work and charged separately.

12. Suspension of Services

Whale Tech & Digital Solutions may suspend or delay Services where reasonably necessary, including where:

• payment remains outstanding;
• the Client fails to provide required information;
• the Client fails to provide approvals within a reasonable time;
• continuing the Services would be unlawful;
• technical or security concerns arise.

Where practicable, we will endeavour to notify the Client before suspension.

13. Client Delays

Where a project remains substantially inactive due to the Client's failure to provide information, approvals or other necessary cooperation for a continuous period exceeding 90 days, Whale Tech & Digital Solutions may:

• suspend the project;
• revise the delivery schedule;
• revise pricing where appropriate;
• require a new project commencement date; or
• terminate the project in accordance with these Terms.

Any recommencement of suspended work may be subject to revised commercial terms.

14. Professional Advice

Our Services are intended to provide technology, digital and business support.

Unless expressly agreed in writing, Whale Tech & Digital Solutions does not provide legal, financial, accounting, investment or regulated professional advice.

Clients remain solely responsible for:

• business decisions;
• commercial decisions;
• regulatory compliance;
• legal compliance;
• financial decisions;
• implementation of recommendations.

Our recommendations should be considered alongside the Client's own independent professional advice where appropriate.

15. Warranties and Disclaimers

Whale Tech & Digital Solutions will use reasonable skill, care and diligence in providing the Services.

Except where expressly agreed in writing, all Services are provided on an "as is" and "as available" basis.

To the fullest extent permitted by applicable law, Whale Tech & Digital Solutions does not warrant or guarantee that:

• any website will achieve a particular search engine ranking;
• any website will generate a particular level of traffic, enquiries or sales;
• any marketing activity will produce specific commercial results;
• any software or website will operate without interruption or error;
• third-party platforms or services will remain available or compatible;
• AI-generated content will always be complete, accurate or suitable for every purpose.

The Client acknowledges that the success of any digital project depends upon numerous factors beyond the reasonable control of Whale Tech & Digital Solutions.

16. AI Services

Where artificial intelligence ("AI") technologies are used in connection with our Services, they are intended to assist and enhance productivity.

AI-generated outputs may contain inaccuracies, omissions or outdated information.

Clients are responsible for reviewing, verifying and approving all AI-generated content, code, recommendations or other deliverables before relying upon them.

Whale Tech & Digital Solutions does not guarantee that AI-generated outputs will be free from error or suitable for every intended purpose.

17. Limitation of Liability

Nothing in these Terms limits or excludes liability where such limitation or exclusion would be unlawful, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any other liability which cannot lawfully be excluded or limited under the laws of England and Wales.

Subject to the above, Whale Tech & Digital Solutions shall not be liable for any indirect, incidental, consequential, special or punitive loss or damage, including (without limitation):

• loss of profit;
• loss of revenue;
• loss of business opportunity;
• loss of anticipated savings;
• loss of goodwill;
• loss of reputation;
• loss of data;
• business interruption.

To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with the Services shall not exceed the total fees actually paid by the Client for the relevant Services giving rise to the claim.

Nothing in this clause affects any statutory rights that cannot legally be excluded.

18. Client Indemnity

The Client agrees to indemnify and keep indemnified Whale Tech & Digital Solutions against any losses, claims, liabilities, damages, costs or expenses arising from:

• materials supplied by the Client;
• infringement of third-party intellectual property rights by Client materials;
• inaccurate or misleading information supplied by the Client;
• unlawful use of the Services by the Client;
• breach of these Terms by the Client.

This clause shall apply only to the extent permitted by applicable law.

19. Force Majeure

Whale Tech & Digital Solutions shall not be liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond our reasonable control.

Such circumstances may include, without limitation:

• natural disasters;
• fire;
• flood;
• war;
• terrorism;
• civil unrest;
• industrial disputes;
• power failures;
• internet outages;
• cyber-attacks;
• failure of third-party service providers;
• governmental action;
• epidemics or pandemics.

Where such circumstances continue for an extended period, either party may seek to discuss an appropriate variation or termination of the affected Services.

20. Termination

Either party may terminate the Services in accordance with any agreed contractual terms or, where no specific termination provisions apply, by providing reasonable written notice.

Whale Tech & Digital Solutions may suspend or terminate the Services immediately where:

• the Client commits a material breach of these Terms;
• payment remains outstanding for an unreasonable period;
• continuing the Services would be unlawful;
• the Client requests unlawful or unethical activities;
• continued performance would expose Whale Tech & Digital Solutions to unreasonable legal, regulatory or security risks.

Termination shall not affect any rights or obligations accrued prior to the date of termination.

Outstanding fees for Services already performed shall remain payable unless otherwise agreed in writing.

21. Confidentiality

Both Whale Tech & Digital Solutions and the Client acknowledge that, during the course of providing the Services, each party may receive confidential or commercially sensitive information belonging to the other.

Each party agrees to:

• keep such information confidential;
• use it only for the purposes of the Services;
• take reasonable steps to protect it from unauthorised disclosure.

This obligation does not apply where the information:

• is already publicly available;
• is lawfully obtained from another source;
• is required to be disclosed by law or a competent authority;
• is disclosed with the prior written consent of the other party.

These confidentiality obligations shall continue after the termination of the Services for so long as the information remains confidential.

22. Electronic Communications

The Client agrees that communications sent by email or through other agreed electronic methods may constitute valid business communications.

Where permitted by law, electronic communications may satisfy any requirement for communications to be in writing.

23. Assignment

The Client may not assign, transfer or subcontract any rights or obligations under these Terms without the prior written consent of Whale Tech & Digital Solutions.

Whale Tech & Digital Solutions may assign or transfer its rights or obligations where reasonably necessary in connection with a business reorganisation, merger, acquisition or sale of all or part of its business.

24. Entire Agreement

These Terms, together with any accepted quotation, proposal, statement of work, invoice, service-specific agreement and our published legal policies, constitute the entire agreement between the parties relating to the Services.

They supersede all prior discussions, negotiations, representations and understandings relating to the same subject matter.

Nothing in this clause limits liability for fraudulent misrepresentation.

25. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

The invalid provision shall, where possible, be interpreted so as to achieve a result that most closely reflects its original commercial purpose.

26. No Waiver

Failure or delay by Whale Tech & Digital Solutions to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

Any waiver shall be effective only if made expressly in writing.

27. Changes to These Terms

We may update these Terms from time to time to reflect:

• changes to our business;
• changes to applicable law;
• new services;
• technological developments; or
• operational improvements.

The latest version will always be published on our website.

Material changes will apply only to future services or as otherwise permitted by law.

28. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.

Subject to any mandatory legal rights that may apply, the courts of England and Wales shall have exclusive jurisdiction to determine any dispute arising from these Terms or the Services provided by Whale Tech & Digital Solutions.

Contact Information

Whale Ltd

Trading as Whale Tech & Digital Solutions

Company No. 15297668

71–75 Shelton Street

Covent Garden

London WC2H 9JQ

United Kingdom

Email: info@whaleltd.co.uk

Website: https://whaleltd.co.uk

Last Updated: 24 June 2026

Version: 1.0