Effective date: May 13, 2025 · Heron Holding Ltd
These Terms of Service ("Agreement") govern your use of the Protand brand protection service provided by Heron Holding Ltd ("Protand", "we", "us", or "our"), a company with its registered address at 95 High Street, Office B, Great Missenden, Buckinghamshire, United Kingdom, HP16 0AL. By registering for or using the service, you ("Client" or "you") agree to be bound by this Agreement.
By entering into this Agreement, you appoint Protand as your non-exclusive service provider for the purpose of monitoring, detecting, and filing removal requests for infringing domains and content that unlawfully use your brand name, trademarks, and related intellectual property in search engine results.
You represent that you have full authority to grant this appointment, and you authorise Protand to act on your behalf in submitting de-indexing and removal requests to search engines and other platforms in connection with the service.
Protand will provide the service with reasonable skill and care, in accordance with industry practice for automated brand protection services. Protand does not guarantee specific removal outcomes, response times from third-party platforms, or that all infringing domains will be detected or successfully removed.
We will use commercially reasonable efforts to maintain service availability and notify you of material service interruptions.
The service includes:
Protand reserves the right to modify, update, or discontinue features of the service with reasonable advance notice to you.
Fees for the service are set out in your subscription plan or order form. All fees are due in advance for each billing period unless otherwise agreed. Payment is processed through our third-party payment provider.
Protand reserves the right to suspend or terminate service if fees remain unpaid for more than 14 days after the due date, following written notice.
Fees are non-refundable except where required by applicable law or as expressly stated in your order.
All fees are exclusive of applicable taxes, levies, or duties (including VAT, GST, and sales tax). You are responsible for paying any such taxes applicable to your use of the service. Protand will add applicable taxes to invoices where required by law.
You represent and warrant that:
You agree to indemnify, defend, and hold harmless Protand and its officers, directors, employees, and agents from any claims, damages, liabilities, or expenses arising from your breach of this Agreement, your use of the service, or any inaccuracy in information you provide.
To the maximum extent permitted by law, Protand's total liability to you for any claim arising under or in connection with this Agreement is limited to the fees you paid to Protand in the three months preceding the claim.
Protand is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages.
Protand is not liable for the failure of any third-party platform (including Google) to act on a removal request, or for any delay in processing such requests.
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with this Agreement, and not to disclose such information to third parties without the disclosing party's prior written consent, except as required by law.
This obligation does not apply to information that is or becomes publicly available other than through breach of this clause, or that the receiving party already knew or independently developed.
This Agreement commences on the date you register for the service and continues until terminated by either party in accordance with this clause.
Either party may terminate this Agreement at any time by providing 30 days' written notice. Protand may terminate immediately if you breach a material term of this Agreement and fail to cure the breach within 14 days of written notice.
Upon termination, your access to the service will cease, and any outstanding fees will become immediately due and payable. Clauses 7, 8, and 10 survive termination.
This Agreement is governed by and construed in accordance with the laws of England and Wales. Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Entire Agreement. This Agreement, together with any order form or subscription plan, constitutes the entire agreement between the parties regarding the service and supersedes all prior agreements or understandings.
Amendments. Protand may update these Terms from time to time. We will provide at least 30 days' notice of material changes by email or prominent notice on the service. Continued use of the service after the effective date of changes constitutes acceptance.
Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
No Waiver. Failure to enforce any provision of this Agreement does not constitute a waiver of the right to enforce it in the future.
Assignment. You may not assign this Agreement without Protand's prior written consent. Protand may assign this Agreement in connection with a merger, acquisition, or sale of assets.
Contact: For questions about these Terms, please write to us at protand.com/contact or by post to Heron Holding Ltd, 95 High Street, Office B, Great Missenden, Buckinghamshire, United Kingdom, HP16 0AL.