Website Terms
Last updated: 27 October 2026
1. About these Terms
1.1 These Terms are issued by Brandian Ltd, a company registered in England and Wales under company number 11588933, whose registered office is at Brandian, 124 City Road, London EC1V 2NX ("Brandian", "we", "us" and "our"). We are not registered for value added tax. You can contact us by email at legal@brandian.uk, by telephone on 020 8040 9108 between 9am and 5pm, Monday to Friday, or by post at our registered office.
1.2 These Terms govern: a) your use of the website at brandian.uk (the "Website"); and b) any contract you make with us through the Website for a Brand Record or an Inspection (each a "Product"). They also state, for information, the principal terms on which our other services are supplied under a separate signed agreement.
1.3 By using the Website you agree to Part A of these Terms. By paying for a Product through the Website you agree to Parts A and B, which together form the contract between you and us for that Product. Please read these Terms before you pay. You may print or save a copy.
1.4 We may revise these Terms for future use of the Website and future purchases. The version published on the Website at the time you pay is the version that applies to your purchase.
2. Definitions
2.1 In these Terms: "Brand Record" means our measurement of how your buyers see your brand, taken through a survey of your customers, share of search across your named competitor set, a snapshot of what AI assistants say about your brand, research among leads you did not win, and a register of your brand assets, and delivered as a written findings report; "Inspection" means our expert examination of one of your brand assets (your brand platform, identity, portfolio structure, tone of voice or AI visibility), delivered as a written findings report; "Services Agreement" means our Supply of Services Agreement, under which our services, solutions and retainers are supplied; "Findings" means the written report delivered on completion of a Product; "working day" means a day other than a Saturday, Sunday or public holiday in England; and "you" and "your" mean the business using the Website or buying from us and, where applicable, the person acting on its behalf.
2.2 Headings are for convenience only. "Including" means including without limitation. A reference to a statute is to it as amended or re-enacted from time to time.
Part A: Use of the Website
3. Who may use the Website and buy from us
3.1 The Website and everything we sell are intended for businesses. By paying for a Product you confirm that you are buying for purposes relating to your trade, business, craft or profession and not as a consumer, and that you are authorised to bind the business on whose behalf you are buying.
3.2 If, notwithstanding clause 3.1, you are buying as a consumer and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to your purchase, then: a) you have the right to cancel within fourteen days of the day the contract is formed; b) by booking the opening conversation or otherwise asking us to begin within that period, you expressly request that we begin the Product within the cancellation period and acknowledge that the right to cancel is lost once the Product has been fully performed; c) if you cancel after we have begun and before completion, you must pay a sum proportionate to what has been performed; and d) if you notify us at legal@brandian.uk before the opening conversation that you bought as a consumer and wish to cancel, we will refund you in full.
4. Intellectual property in the Website
4.1 The Website and its content, including text, images, structure, design, trade marks and code, are owned by us or our licensors and are protected by copyright, trade mark and other intellectual property laws. Brandian is a registered trade mark of Brandian Ltd.
4.2 You may view the Website, print or download extracts for your own business reference, and quote short passages with attribution to Brandian and a link to the source page. You may not reproduce, republish, distribute, sell, adapt or commercially exploit any part of the Website, or present any part of it as your own, without our prior written consent.
4.3 Nothing in these Terms grants you any right to use our name, trade marks or logos.
5. Acceptable use
5.1 You must not use the Website: a) in any way that breaches any applicable law or regulation; b) to introduce viruses, malware or other harmful material, or to attempt to gain unauthorised access to the Website, the server on which it is hosted, or any connected system; c) in any way that damages, disables or impairs the Website or interferes with any other person's use of it; d) to scrape, harvest or systematically extract data from the Website other than for the ordinary indexing of search engines and AI assistants; or e) to send unsolicited communications through any feature of the Website.
5.2 We may suspend or withdraw your access to the Website, without notice, if you breach this clause 5.
6. Availability, accuracy and links
6.1 We provide the Website free of charge and on an "as is" basis. We do not guarantee that it will be available at all times or free of errors, and we may change, suspend or withdraw any part of it without notice.
6.2 The content of the Website is provided for general information about our services. It is not advice on your particular circumstances, and no part of it forms part of the contract for a Product except the description of the product on its own page and on its payment page.
6.3 The Website contains links to third-party websites. We do not control them, we are not responsible for their content, and a link does not imply our endorsement.
6.4 Subject to clause 16.1, we exclude all liability for any loss or damage arising from your use of, or inability to use, the Website or any content on it.
Part B: Contract for a Product bought through the Website
7. How the contract is formed
7.1 To buy a Product you: a) choose the Brand Record or an Inspection on its own page and follow its action to the payment page for that product; b) check the product and the price shown on the payment page; and c) pay by bank payment through GoCardless or by card through Stripe. The payment provider's page shows the details you have entered and allows you to correct them before you confirm payment.
7.2 Our acceptance of your order takes place, and the contract between you and us is formed, when your payment is confirmed to us by the payment provider. We will send a confirmation to the email address you gave when paying.
7.3 The contract is concluded in English. We keep a record of your payment confirmation and of the version of these Terms that applied when you paid. The contract is not otherwise filed and is not accessible to you except through the confirmation email and this page.
7.4 Where the payment page is reached from a link other than the Website, these Terms still apply.
8. Price and payment
8.1 The price of a Product is the price shown on its payment page at the time you pay. It is stated in pounds sterling, carries no VAT, and is payable in full at the time of purchase.
8.2 Payment is made to our payment providers, GoCardless or Stripe. We do not see or store your full bank account or card details.
8.3 The price includes everything we do to deliver the Product, including the costs of any specialists we engage and the direct costs of the measurement.
8.4 What you buy is the Product described on the product's own page and its payment page at the time of purchase.
9. Delivery
9.1 We deliver the Findings for a Product within fourteen days of the start of the work.
9.2 For an Inspection, the work starts at the opening conversation, which you book once your payment is confirmed, and the fourteen days end with the findings briefing.
9.3 For a Brand Record, the work starts on the day you send the customer survey invitation from your own mailbox, in the form of the invitation kit we supply.
9.4 You may postpone the start of a Product once, by up to three months from the date of purchase, by telling us in writing before the work has started. Once the work has started it runs to completion.
10. Your obligations
10.1 A Product depends on material from you: answers to our intake questions, files, access to the sources we name, and, for a Brand Record, the despatch of the survey invitation and the supply of contact details for recent leads you did not win. We will tell you what we need and when.
10.2 You warrant that the material you give us is accurate to the best of your knowledge, that you have the right to give it to us, and that our use of it for the Product will not infringe the rights of any third party.
10.3 If any material, access or action we need from you has not been provided within thirty days of our written request, we may complete the Product on the material available. In that case the Findings record the gap, the price remains payable in full, and the delivery dates do not move.
10.4 For a Brand Record, you send the survey invitation from your own mailbox. We are not the visible sender. The invitation states a donation of £10 to a charity you name for each completed response, which we pay.
10.5 For a Brand Record, a fully scored assessment requires a minimum number of usable survey responses, which we state to you at onboarding. Where fewer responses are received, the Findings are graded on the responses received together with the other instruments. A shortfall in responses is not a breach of contract by either party and does not give rise to a refund.
7. How the contract is formed
7.1 To buy a Product you: a) choose the Brand Record or an Inspection on its own page and follow its action to the payment page for that product; b) check the product and the price shown on the payment page; and c) pay by bank payment through GoCardless or by card through Stripe. The payment provider's page shows the details you have entered and allows you to correct them before you confirm payment.
7.2 Our acceptance of your order takes place, and the contract between you and us is formed, when your payment is confirmed to us by the payment provider. We will send a confirmation to the email address you gave when paying.
7.3 The contract is concluded in English. We keep a record of your payment confirmation and of the version of these Terms that applied when you paid. The contract is not otherwise filed and is not accessible to you except through the confirmation email and this page.
7.4 Where the payment page is reached from a link other than the Website, these Terms still apply.
11. Cancellation, refunds and credit
11.1 A Product is bought whole. Subject to clause 3.2, once you have paid, the Product cannot be cancelled and the price is not refundable, whether or not you postpone the start under clause 9.4.
11.2 The full price you paid for a Product is credited against the first instalment of any service or solution you buy from us under the Services Agreement, provided the Services Agreement is signed within six months of the completion of the Product. An Inspection credits only against a service or solution that includes the matching service. Any excess is credited against the second instalment. The credit lapses after six months.
11.3 The Findings and any Brand Record delivered are yours to keep whether or not you buy anything further.
12. Intellectual property in the Findings
12.1 On payment in full, we assign to you the intellectual property rights in the Findings delivered to you, and you may use the Findings for any purpose of your business.
12.2 We retain all intellectual property rights in our methods, instruments, measurement protocols, rubrics, scoring systems, question sets, templates, working files and benchmark data. Nothing in the Findings transfers those rights to you, and you may not use them except as part of the Findings.
12.3 We may add the results of a Brand Record to our benchmark data in a form from which neither you nor any individual can be identified, and may use and publish statistical findings derived from that data.
13. Confidentiality and publicity
13.1 Each of us shall keep the other's confidential information confidential, use it only for the purposes of the Product, and disclose it only to those who need it for that purpose and are bound by equivalent obligations. This does not apply to information that is already public, was already lawfully held by the recipient, or must be disclosed by law. We may process your confidential information using third-party software and AI tools on terms that bind the provider to confidentiality. This clause survives the end of the contract.
13.2 We will not name you as a client, describe the Product, or publish any part of the Findings, whether on the Website, in a case study, in a proof wall or otherwise, without your prior written consent.
14. Data protection
14.1 Our privacy notice at brandian.uk/privacy-notice describes the personal data we hold about you and your personnel as controller, why we hold it, and for how long.
14.2 For a Brand Record, we process personal data about your customers and about leads you did not win on your instructions, as your processor, and you are the controller. This clause 14 is the written contract required by Article 28 of the UK GDPR in respect of that processing.
14.3 The processing: its subject matter is the measurement of your brand through the Brand Record; its duration is the period of the Product and the period until deletion under clause 14.4, paragraph h); its nature and purpose are the collection and analysis of survey responses from your customers, and of exit survey responses or interview answers from leads you did not win, and the preparation of the Findings; the personal data processed are the names, job titles, employers and business contact details of respondents and interviewees and the content of their responses; the data subjects are your customers invited to respond to the survey and the leads you did not win. On the primary route you send the survey invitation yourself and we do not hold your customer list; where, at your request, we send the invitation on your behalf, we hold the list of invitees for that purpose only.
14.4 In respect of that personal data we shall: a) process it only on your documented instructions, which are these Terms and your intake answers, unless required by law to do otherwise; b) ensure that the persons who process it are bound by obligations of confidentiality; c) implement appropriate technical and organisational measures to keep it secure; d) engage no sub-processor other than the providers named in our privacy notice, and give you not less than thirty days' notice of any change, which you may object to on reasonable grounds; e) assist you, so far as the nature of the processing allows, in responding to requests from data subjects and in meeting your obligations as to security and breach notification; f) notify you without undue delay, and in any event within forty-eight hours, after becoming aware of a personal data breach affecting that personal data; g) make available to you the information necessary to demonstrate our compliance with this clause; and h) on filing of the Brand Record, remove all identifiers from the survey and interview data so that no individual can be identified, delete the lost-lead contacts and any list of invitees, and return or delete any other personal data at your election.
14.5 We transfer personal data to providers in the United States and the European Union only under the United Kingdom's adequacy regulations where they apply, or otherwise under the International Data Transfer Agreement or the UK Addendum to the standard contractual clauses.
14.6 You warrant that you have a lawful basis for supplying the personal data described in clause 14.3 and for its processing as described, and that the data subjects have been or will be given the information required by Articles 13 and 14 of the UK GDPR, which the survey invitation kit is designed to provide.
14.7 Each of us shall indemnify the other against losses arising from its breach of this clause 14 or of the Data Protection Act 2018 or the UK GDPR, subject to clause 16.
Part C: Services, solutions and retainers
15. Services supplied under the Services Agreement
15.1 Our services, solutions and retainers are supplied under a written proposal and the Services Agreement, which you sign before the work begins. The Services Agreement states the price, the payment schedule, the one KPI you choose before signature, on which the Performance Guarantee turns, and everything the engagement includes, and it governs the work. Nothing on the Website is an offer to supply those services.
15.2 For information, the Services Agreement provides that: a) a service or solution is a nine-month engagement bought as a whole at a fixed price, paid in ten instalments by direct debit across the engagement, the tenth being the Closing Instalment, which is waived in full if the one KPI you chose before signature is not met at the closing Brand Record; b) you may end an engagement on one month's written notice, in which case the remaining instalments fall due, less any third-party costs not yet committed, the closing measurement is not taken and the Closing Instalment does not fall due; c) a retainer is a twelve-month term paid monthly, which may be ended at the end of its term without charge on one month's notice, or during its term on one month's notice with an early termination charge of two months' fees, or the fees for the months remaining if fewer; and d) late payment carries statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.
Part D: Terms applying to Parts A to C
16. Liability
16.1 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.
16.2 We will carry out each Product with reasonable care and skill. We do not promise any commercial result from a Product or from any brand work that follows it, and we do not guarantee any outcome on any third-party platform, search engine, AI system or review site.
16.3 Subject to clause 16.1, our total liability to you arising under or in connection with a Product, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the price you paid for that Product.
16.4 Subject to clause 16.1, we are not liable to you for any loss of profit, loss of business, loss of anticipated savings, loss of or damage to goodwill, business interruption, loss or corruption of data, or any indirect or consequential loss.
16.5 We are not liable for any delay or failure in performance caused by an event beyond our reasonable control. If such an event continues for ninety days, either of us may end the contract by written notice, in which case you keep everything delivered, nothing undelivered is invoiced, and we refund any part of the price paid for work not done.
16.6 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded.
17. Termination
17.1 We may end the contract for a Product by written notice if you become insolvent or cease trading, or if you breach these Terms in a material respect and, where the breach is capable of remedy, fail to remedy it within fourteen days of our written notice. On termination under this clause you keep everything delivered to that date and no refund is due.
17.2 You may end the contract for a Product by written notice if we become insolvent or cease trading, or if we breach these Terms in a material respect and, where the breach is capable of remedy, fail to remedy it within fourteen days of your written notice. On termination under this clause you keep everything delivered to that date and we refund the part of the price paid for work not done.
18. Complaints
18.1 If you have a complaint about the Website or a Product, send it to legal@brandian.uk, through the form on the Contact page, by post to our registered office, or by telephone. We will acknowledge your complaint within thirty days of receipt, consider it, and tell you the outcome without undue delay. Complaints about our handling of personal data may also be made to the Information Commission's Office (ICO) at ico.org.uk.
19. Notices
19.1 A formal notice under these Terms must be in writing. Notices to us go by email to legal@brandian.uk or by post to our registered office. Notices to you go to the email address you gave when paying or to your registered office.
19.2 A notice sent by email is deemed received on the next working day after sending unless a delivery failure is received. A notice sent by first class post within the United Kingdom is deemed received on the second working day after posting.
20. General
20.1 These Terms, the product page and the payment page for the Product you bought form the entire agreement between you and us for that Product and supersede any prior discussion or representation.
20.2 We may engage specialists to carry out parts of a Product under our direction and remain responsible for the work. We will not transfer the contract to another provider without your written consent. You may not assign the contract without ours.
20.3 No variation of the contract for a Product is effective unless in writing and agreed by both of us.
20.4 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in force.
20.5 A delay or failure by either of us to enforce any term is not a waiver of it.
20.6 No person other than you and us has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms.
21. Governing law and jurisdiction
21.1 These Terms, and any dispute or claim arising out of or in connection with them or your use of the Website (including non-contractual disputes or claims), are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.