1.1 Who you are dealing with
1.1.1 Barton’s Bespoke is the trading name of Matthew Barton, a sole trader established in England. Our email is support@bartonsbespoke.com. Our address is 39 Ormonde Crescent, Hexthorpe, Doncaster DN4 0GP.
1.1.2 These terms apply to services ordered from Barton’s Bespoke by a business. They are not intended for a person buying wholly or mainly outside their trade, business, craft or profession.
1.1.3 You accept these terms when you tick the acceptance box during online sign-up, or otherwise agree them with us in writing. The version you accept forms part of our agreement with you, together with the package and order details shown at sign-up and the Cancellation & ending the service policy.
1.2 What you are buying
1.2.1 For a dealership, the service includes a website built for the dealership and access to the Barton’s Bespoke back office. The features may include stock management and vehicle pages, portal feeds, vehicle history checks and trade and retail valuations (bought separately, see clause 1.2.7), sales invoicing, VAT margin scheme stock book tools, handover packs, a test drive diary and part exchange valuation tools for your customers, as made available on your plan.
1.2.2 We write the website copy unless agreed otherwise. Subject to third-party rights, the website design, copy and code are dealt with under clause 1.9.
1.2.3 There is no upfront website build fee for a dealership website. The website is designed, built and launched as part of the subscription. This does not mean ownership passes at launch; the ownership rules are in clause 1.9.
1.2.4 Dealer plans are: £179 a month for up to thirty cars, including 60 detailed vehicle lookups a month; £279 a month for up to seventy-five cars, including 150 detailed vehicle lookups a month; or £449 a month with no limit on stock, including 300 detailed vehicle lookups a month. A detailed vehicle lookup gives a car’s details with the engine code and trim where available. Unused vehicle lookups do not roll over. No plan includes vehicle history checks or valuations.
1.2.5 A workshop can be added to a dealer plan for £99 a month, with its own website built at no charge. A workshop can instead be taken on its own for £169 a month plus a £250 set-up charge, payable on launch day.
1.2.6 The monthly subscription includes hosting, SSL, domain renewal where we manage it, daily backups, uptime monitoring, security and framework updates, the detailed vehicle lookups included in your plan, up to forty-five minutes of content changes a month, and email support normally answered within one working day.
1.2.7 Vehicle history checks and valuations are bought in packs inside the back office, at the price shown before you buy, and are not part of the monthly subscription. At the effective date the packs are 5 vehicle history checks for £25, 10 vehicle history checks for £50 and 100 valuations for £40; a pack is offered only while the supplier for what it holds is connected to the service. Packs do not expire while the service continues. The part exchange valuation tool on your website uses your valuations, up to 10, 20 or 30 a UK day on the three plans; once that limit is reached, or none are left, it takes the customer’s details without showing a figure. A completed pack purchase is separate from the recurring subscription and is not refundable merely because unused checks remain when the service ends, except where the law requires otherwise or the pack cannot be supplied.
1.2.8 Barton’s Bespoke is not registered for VAT at the effective date. No VAT is added while that remains the case. If our VAT status changes, we will tell you before VAT is first added to a future charge.
1.4 One dealer to an area
1.4.1 While a dealer customer’s agreement is active, we will not knowingly accept a second dealer whose forecourt is within twenty miles by road of that customer’s forecourt. For a dealer with more than one site, the restriction applies to each agreed site.
1.4.2 It ends when your agreement does. We may accept another dealer for the area after the existing customer’s service has ended. We will not identify the existing customer to an enquiring competitor.
1.4.3 This is a commercial exclusivity promise only. It is not a promise of a Google ranking, sales, enquiries or protection from competition generally.
1.5 What we need from you
1.5.1 You must provide the information and materials we reasonably ask for, including the completed brief, logo, photographs, prices and your stock as a CSV or Excel file from the system you use now, and make sure you have the rights and permissions needed for anything you give us.
1.5.2 You must make, or arrange, any DNS change needed for launch. We do not need your domain provider password; we will normally give you the exact record to enter.
1.5.3 You are responsible for checking business and vehicle information before it is published, and for telling us promptly about errors.
1.5.4 If progress is held up by information or approval we have asked you for, the build timetable pauses for the length of the delay.
1.5.5 If we have been waiting for a material item from you for more than thirty days, we may send you two written reminders. If the delay continues, we may pause the project until you are ready. The monthly subscription does not start merely because the build is paused; it starts on launch, unless a separate written agreement with you sets a different billing date.
1.6 Build time and revisions
1.6.1 Our normal target is two to four weeks from receipt of a completed brief to launch, including two rounds of revisions. This is a target, not a guaranteed completion date, unless we expressly agree a fixed date in writing.
1.6.2 Waiting for your information or approval, or an agreed change of scope, extends the timetable reasonably.
1.6.3 Two revision rounds are included. A round means one consolidated list of changes. Further rounds are £120 each, agreed before we start them.
1.7 Third-party information and services
1.7.1 Vehicle history checks, valuations, vehicle specifications and other data may be supplied by third parties. We pass that information through or use it in the service, but we do not create the underlying third-party data.
1.7.2 Third-party data may occasionally be delayed, incomplete or inaccurate. You must make your own checks before relying on it for a purchase, sale, finance, tax, legal or other important decision. We do not guarantee a particular valuation, vehicle history result or third-party data point.
1.7.3 Third-party services and components remain subject to their own licences and availability. We may replace a supplier or component with a reasonably equivalent alternative where necessary to operate, secure or improve the service.
1.8 AI-assisted features
1.8.1 Some optional features use third-party artificial intelligence services to draft text or extract information. AI output can be incomplete or wrong and is provided as a draft for human review.
1.8.2 You remain responsible for checking AI-generated adverts, replies, extracted invoice data and other output before relying on, publishing or sending it. We do not authorise the use of AI output to make a solely automated decision producing legal or similarly significant effects about an individual.
1.8.3 Personal data used by AI-assisted features is handled under the Privacy notice and the Data processing agreement.
1.9 Website ownership and software licence
1.9.1 During the agreement, the website is part of the Barton’s Bespoke service and is hosted and maintained as part of the subscription.
1.9.2 You may take ownership of the website design, the original website copy we wrote for you and the transferable website code before completing the minimum commitment by paying an early website ownership fee of £500, in addition to any subscription sums otherwise due.
1.9.3 Once subscription fees covering the full twelve-month minimum commitment have been paid, the £500 early ownership fee no longer applies. This includes where, following an agreed early termination, you have paid an agreed early termination amount that expressly satisfies the remaining minimum financial commitment.
1.9.4 Ownership does not transfer automatically. You must ask us for the website. Once transferred, the transferable website materials described above are yours, not merely licensed to you.
1.9.5 Third-party software, fonts, libraries, stock assets, APIs, feeds and other third-party components do not transfer beyond the rights their own licences allow.
1.9.6 The Barton’s Bespoke back office, desktop application, platform, reusable software, internal tools, database structure, APIs and underlying service code remain ours and are never sold or transferred under this agreement. You receive a non-exclusive, non-transferable right to use them while your subscription is active.
1.9.7 Your business data remains yours. You can export available invoices, stock book data, purchase information, customer records and diary information from Settings while the account is active, including during any post-termination export period we provide.
1.9.8 If you own the website when the service ends, we will provide the transferable website code and reasonable handover information at no additional charge. Its car pages are filled from the back office, so they may need to be reconnected to your replacement stock system.
1.9.9 We may show the public-facing work in our portfolio unless you ask us not to. We will not publish non-public dealer or customer data for that purpose.
1.10 Minimum commitment, cancellation and termination
1.10.1 The service has a twelve-month minimum commitment beginning on launch day. The subscription is priced on that basis.
1.10.2 You may give notice at any time. If notice expires after the minimum commitment, the agreement ends after one month’s notice and no exit fee applies.
1.10.3 If you ask to end the service during the minimum commitment for convenience, we may agree an early termination on payment of the subscription charges that would otherwise have fallen due for the remainder of the minimum commitment, less any costs we reasonably expect to save as a direct result of ending the service early. We will give you the calculation in writing before taking the final amount. This clause is intended to protect our legitimate interest in the minimum revenue commitment on which the package and the included website build are priced, not to impose a punishment.
1.10.4 Nothing in clause 1.10.3 requires you to pay for a period after termination where you are legally entitled to terminate because of our material breach and we have failed to remedy that breach within a reasonable written cure period, where it is capable of remedy.
1.10.5 We may terminate the agreement on written notice if you materially breach it and, where the breach can be remedied, do not remedy it within fourteen days after we ask you in writing. We may terminate immediately for fraud, unlawful use, deliberate security abuse, insolvency events materially affecting performance, or conduct that makes continued provision unlawful.
1.10.6 We may also discontinue the service for business reasons by giving at least ninety days’ written notice. If we do so during your minimum commitment other than because of your breach, charges for service after the termination date are not due, prepaid amounts for that later period are refunded, and we will provide a reasonable data export and website handover process consistent with your ownership rights.
1.11 Failed payments and suspension
1.11.1 If a recurring payment fails, we will tell you and give you at least 7 days to put the account right. If it remains unpaid, we may give a further notice naming a suspension date at least 30 days later.
1.11.2 Suspension may stop access to active back-office functions. We will provide a reasonable opportunity to export your business records. We will not intentionally use suspension to prevent you retrieving records that you are legally entitled to retain.
1.11.3 Suspension does not waive sums properly due and does not itself transfer ownership of the website.
1.12 Service standards and things we do not promise
1.12.1 We will provide the service with reasonable care and skill.
1.12.2 We do not promise a particular Google position, level of traffic, number of enquiries, valuation outcome or level of sales.
1.12.3 We will use reasonable care and skill when making DNS and domain changes, and take reasonable steps to avoid interruption to existing email services, but we cannot promise that third-party networks, registrars or providers will never experience interruption.
1.12.4 Planned maintenance, urgent security work, internet failures and failures of third-party infrastructure may occasionally affect availability. We will take reasonable steps to restore service within our control.
1.13 Liability
1.13.1 Nothing in this agreement excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
1.13.2 Subject to clause 1.13.1, neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue, anticipated savings, goodwill or business opportunity, arising from the agreement, except to the extent such exclusion is not permitted by law.
1.13.3 Subject to clause 1.13.1, our total aggregate liability arising out of or in connection with the agreement in any rolling twelve-month period is limited to the total subscription and set-up fees paid or payable to us for the affected service during the twelve months immediately before the event giving rise to the claim. If the event occurs within the first twelve months, the cap is the fees paid or payable from launch to the date of the event, subject to a minimum cap equal to three months of the applicable subscription.
1.13.4 We do not exclude liability for the reasonable direct cost of restoring or reconstructing data where that cost results directly from our breach of contract or negligence and could not reasonably have been avoided by you using the available exports or backups. Such liability remains subject to clause 1.13.3 unless the law requires otherwise.
1.13.5 Each party must take reasonable steps to reduce losses it suffers. These limitations are intended to allocate commercial risk between business parties and apply only so far as they satisfy any applicable statutory reasonableness requirement.
1.14 Data protection
1.14.1 Each party must comply with applicable UK data protection law. Our Privacy notice explains how we use personal information for our own purposes.
1.14.2 Where we process personal data contained in your back office on your behalf, you are normally the controller and Barton’s Bespoke is the processor. The Data processing agreement forms part of the agreement.
1.15 Prices and changes to the service or terms
1.15.1 We will not increase your recurring subscription price during the first twelve-month minimum commitment unless the change is required by law or reflects a tax that we are legally required to charge.
1.15.2 After the minimum commitment, we may change recurring prices by giving at least thirty days’ written notice. If you do not accept an increase, you may give notice to end the service before the increase takes effect; the service will then end no later than the date the increased price would first apply, unless we agree otherwise.
1.15.3 We may update these terms for legal, regulatory, security, supplier or service development reasons. We will give reasonable advance notice of a material change that disadvantages you. A material change will not retrospectively create a new minimum commitment without your agreement.
1.16 Events outside reasonable control
1.16.1 Neither party is liable for delay or failure caused by an event beyond its reasonable control, provided it takes reasonable steps to reduce the effect and resumes performance when reasonably possible. This does not excuse payment already due for services already supplied.
1.17 Assignment and subcontracting
1.17.1 You may not transfer this agreement to another business without our written consent, not to be unreasonably withheld where the same dealership business is being sold and the new owner accepts the agreement.
1.17.2 We may subcontract parts of the service. We remain responsible for our contractual obligations. We may transfer the agreement as part of a genuine sale or reorganisation of the Barton’s Bespoke business if the transferee assumes our obligations and your rights are not materially reduced.
1.18 Notices, entire agreement and law
1.18.1 Contract notices may be sent by email to the account email address and to support@bartonsbespoke.com. A cancellation notice must follow the Cancellation & ending the service policy.
1.18.2 If a provision is unenforceable, the remainder continues so far as legally possible. A delay in enforcing a right does not waive it.
1.18.3 This agreement and the documents it incorporates are the entire agreement about the service, but nothing excludes liability for fraud or fraudulent misrepresentation.
1.18.4 The agreement is governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, subject to any rule of law that requires otherwise.