Terms of Service
Last updated: 26 September 2026
These Terms of Service govern the provision and use of Binkley, a website health, monitoring and reporting service operated by Aileron Discovery Network Ltd.
By ordering Binkley, accepting an Order Form, or using the Binkley service, you agree to these Terms.
1. About us
Binkley is operated by:
Aileron Discovery Network Ltd
Station Business Centre
2 Station Road
Clowne
Derbyshire
S43 4RW
Telephone: 01246 923890
General enquiries: admin@binkley.co.uk
Support: support@binkley.co.uk
Privacy: privacy@binkley.co.uk
Website: binkley.co.uk
Application: app.binkley.co.uk
In these Terms, “Binkley”, “we”, “us” and “our” refer to Aileron Discovery Network Ltd.
“Customer”, “you” and “your” refer to the person, business or organisation purchasing or using the service.
2. Business customers
Binkley is provided primarily as a business-to-business service.
By entering into an agreement with us, you confirm that you are doing so wholly or mainly for purposes relating to your trade, business, craft or profession.
If we expressly agree to provide Binkley to someone acting as a consumer, nothing in these Terms is intended to exclude any statutory rights that cannot lawfully be excluded.
3. What Binkley does
Binkley is a managed website health, monitoring and reporting service.
Depending on your plan, Order Form and enabled integrations, the service may include:
- website availability monitoring;
- TLS and secure-delivery monitoring;
- mobile and desktop performance monitoring;
- representative accessibility assessment;
- Binkley Health Score calculation;
- website-health evidence and history;
- recommendations;
- Google Search Console reporting;
- Google Analytics reporting where available;
- reports;
- document storage;
- customer support; and
- other website-health features agreed with you.
The exact services included for a Customer are those described in the applicable proposal, Order Form, service description or other written agreement with us.
Not every Binkley feature will necessarily be included in every plan.
4. Managed service
Binkley is not simply an automated website scanner.
Some parts of the service are automated, while other parts involve manual review, interpretation, configuration or assessment by our staff.
This may include:
- onboarding and website configuration;
- accessibility assessment;
- investigation of website-health issues;
- recommendations;
- review of monitoring evidence; and
- preparation or review of reports.
We may change the technical tools or infrastructure used behind Binkley provided that this does not materially reduce the service you have purchased.
5. Onboarding
We will require information from you before Binkley can be fully configured.
This may include:
- the website or websites to be monitored;
- appropriate technical or business contacts;
- information about important customer journeys;
- access or authorisation for optional integrations;
- information about significant website changes; and
- other information reasonably required to configure the service.
Timescales quoted for onboarding depend on receiving the necessary information and cooperation from you.
Delays caused by missing information, inaccessible systems, third-party providers or matters outside our reasonable control may delay activation of parts of the service.
6. The Binkley Health Score
The Binkley Health Score is an evidence-based assessment designed to give an understandable view of a website’s health.
It may take into account areas such as:
- availability;
- secure delivery;
- website performance;
- accessibility; and
- other relevant evidence used by Binkley.
The Health Score is intended to assist with website management and prioritisation.
It is not:
- a guarantee that a website is free from faults;
- a guarantee of future availability;
- a security certification;
- a legal compliance certificate;
- a warranty that a website meets every technical standard; or
- a substitute for specialist legal, cybersecurity or regulatory advice.
We may withhold or identify an area as having insufficient or partial data where reliable evidence is not yet available.
Missing evidence will not deliberately be represented as a failure merely to produce a score.
First Health Score
Where sufficient evidence can be collected normally, we aim to produce an initial Health Score within approximately 14 days of successful onboarding.
This is a target rather than a guaranteed deadline.
A score may take longer where:
- monitoring data is insufficient;
- integrations have not been authorised;
- a website prevents reliable collection;
- manual assessment has not been completed;
- third-party services are unavailable; or
- further investigation is reasonably required.
7. Website monitoring
Binkley monitors configured websites using technical systems designed to identify website availability and other health information.
Monitoring can reduce the time taken to identify problems but cannot guarantee detection of every outage or fault.
Internet monitoring may be affected by:
- network failures;
- DNS issues;
- hosting-provider problems;
- firewalls;
- rate limits;
- temporary connectivity failures;
- third-party monitoring infrastructure; and
- other factors outside our control.
Binkley may use confirmation or retry mechanisms before treating a transient failure as confirmed downtime.
Monitoring records are intended to provide useful operational evidence, not an absolute legal record of every second of website availability.
We do not guarantee 100% website uptime.
8. Performance monitoring
Binkley may use third-party tools and APIs to assess website performance.
Performance scores may change because of:
- website changes;
- server load;
- third-party scripts;
- advertising or tracking services;
- testing methodology;
- network conditions;
- device simulation;
- changes made by the measurement provider; or
- other factors outside Binkley’s control.
Performance measurements should therefore be considered indicators rather than absolute guarantees.
9. Accessibility assessments
Where accessibility assessment is included, Binkley may review representative pages and customer journeys agreed within the scope of the service.
For the current managed service, the agreed assessment scope may include up to five representative pages and one key customer journey, together with relevant shared or global components, unless a different scope is agreed in writing.
Larger, unusual or particularly complex websites may require a separately agreed scope and fee.
Our accessibility work is intended to:
- identify practical accessibility issues;
- highlight areas requiring attention;
- assist prioritisation; and
- support improvement of the website.
It is not a legal compliance certification and does not constitute legal advice.
No website should be described as fully compliant with an accessibility standard solely because Binkley has not identified an issue.
10. Recommendations and remediation
Binkley may identify and prioritise recommended improvements.
Unless specifically included in your Order Form, the Binkley subscription does not include implementing those recommendations on your website.
Website development, remediation, configuration changes, content changes or other implementation work may be quoted separately.
You remain responsible for deciding whether and how recommendations are implemented.
11. Third-party integrations
Binkley may integrate with third-party services such as Google Search Console or Google Analytics.
Use of those integrations may require you to:
- hold an appropriate account with the third party;
- have appropriate authority over the relevant property;
- authorise Binkley through the third party’s authentication process; and
- comply with the third party’s own terms.
You may revoke an integration where the relevant functionality permits.
We are not responsible for changes made by third-party providers to:
- their APIs;
- authentication systems;
- data availability;
- usage limits;
- pricing;
- services; or
- terms.
If a third-party service becomes unavailable or materially changes, we may modify, suspend or replace the affected Binkley feature.
We will not intentionally request broader access to third-party accounts than we reasonably need to provide the relevant feature.
12. Customer responsibilities
You agree to:
- provide accurate information reasonably required to deliver the service;
- ensure that you are authorised to ask us to monitor the websites you provide;
- ensure that you are authorised to connect any third-party account or property you connect to Binkley;
- keep your Binkley account credentials secure;
- tell us promptly if you suspect unauthorised access;
- provide reasonable cooperation during onboarding and support;
- maintain appropriate backups of systems or websites under your control;
- comply with applicable laws in relation to your own website, content and business;
- ensure information you upload to Binkley is lawful and appropriate; and
- notify us of significant website changes where those changes may materially affect the service.
You remain responsible for the operation, content, legality and security of your own website.
13. Account security
Binkley accounts are personal to the authorised user.
You must not:
- knowingly share account credentials with unauthorised people;
- attempt to access another customer’s workspace;
- bypass Binkley access controls;
- interfere with the security or operation of the service;
- use the service to gain unauthorised access to systems or information; or
- deliberately introduce malware or other harmful material.
If we reasonably believe an account has been compromised, we may temporarily restrict access while the issue is investigated.
14. Acceptable use
You must not use Binkley:
- for unlawful or fraudulent purposes;
- to infringe the rights of another person;
- to monitor systems you are not authorised to monitor;
- to upload unlawful, malicious or infringing content;
- to attack, probe or interfere with our systems;
- to circumvent technical restrictions;
- to overload the service deliberately;
- to distribute malware; or
- in any manner that could materially harm Binkley, our infrastructure, another customer or a third party.
We may suspend access where reasonably necessary to prevent serious misuse, security harm or unlawful activity.
15. Fees
Fees are those stated in your proposal, Order Form or other written agreement with us.
Unless otherwise agreed:
- onboarding fees are charged separately from recurring subscription fees;
- recurring fees are billed monthly in advance;
- invoices are payable within 7 days; and
- prices are exclusive of VAT where VAT is applicable.
Any introductory, pilot, founding-customer or protected pricing will apply only for the period stated in the relevant written offer.
We will not retrospectively change charges already invoiced.
16. Onboarding fees
Onboarding fees cover work involved in configuring and preparing the service for your website.
Once onboarding work has begun, the onboarding fee relates to work already undertaken or committed and will not normally be refundable.
This does not affect any rights that cannot legally be excluded.
If we are unable to provide the service for reasons attributable to us, we will deal reasonably with any unused element of an onboarding payment.
17. Late payment
If an undisputed invoice remains unpaid after its due date, we may contact you and request payment.
If payment remains outstanding after reasonable notice, we may suspend some or all of the service until the account is brought up to date.
Suspension for non-payment does not remove your obligation to pay fees already due.
We will not deliberately delete your workspace solely because an invoice becomes overdue without first following the applicable suspension, termination and retention process.
18. Support
Standard Binkley support hours are:
Monday to Friday, 09:00–17:00 UK time, excluding public and bank holidays in England.
Our normal target is to provide an initial response within one working day.
This is a service target rather than a guaranteed resolution time.
Some issues may take longer to investigate or resolve, particularly where they involve:
- third-party providers;
- external hosting;
- DNS;
- customer systems;
- security investigations; or
- technical issues requiring further evidence.
19. Planned maintenance
We may carry out maintenance, security updates and service improvements from time to time.
Where practical, we will seek to minimise disruption.
Emergency maintenance may be undertaken without advance notice where reasonably necessary to:
- protect security;
- prevent data loss;
- address a serious service defect; or
- respond to an external infrastructure incident.
20. Service availability
We aim to provide Binkley reliably, but we do not promise that the service will be completely uninterrupted or error-free.
Availability may be affected by services outside our direct control, including hosting, cloud infrastructure, telecommunications, internet routing, APIs and other third-party providers.
We will use reasonable efforts to restore material service problems that are within our control.
Unless expressly agreed in writing, Binkley does not currently include a financially backed service-level agreement or uptime guarantee.
21. Customer data
As between you and us, you retain ownership of the data and content you provide to Binkley.
You give us the rights reasonably necessary to:
- host it;
- process it;
- secure it;
- back it up;
- display it to authorised users;
- generate reports and analysis; and
- otherwise use it to provide the contracted service.
We do not acquire ownership of your website, content or business data simply because it is processed through Binkley.
22. Intellectual property
Binkley and its underlying software, design, branding, scoring methodology, documentation, workflows and other intellectual property belong to Aileron Discovery Network Ltd or its licensors.
Your subscription gives you a limited, non-exclusive, non-transferable right to use Binkley for your own internal business purposes during the term of the agreement.
You may use and share reports produced specifically for your organisation for legitimate internal and business purposes.
You must not, except where permitted by law or agreed by us:
- copy or reproduce substantial parts of the Binkley software;
- resell access to the service;
- represent Binkley’s software or methodology as your own;
- attempt to obtain unauthorised access to source code or underlying systems; or
- remove our ownership notices from materials where they are reasonably included.
23. Confidentiality
Each party may receive confidential information belonging to the other.
Each party agrees to:
- use confidential information only where reasonably necessary for the relationship;
- protect it using reasonable care;
- restrict access to people who reasonably need it; and
- not disclose it unnecessarily to third parties.
This does not apply to information that:
- is already lawfully public;
- was lawfully known without confidentiality restrictions;
- is independently developed without use of the confidential information; or
- must be disclosed by law or lawful regulatory requirement.
24. Data protection
Each party will comply with its applicable obligations under UK data-protection law.
Our Privacy Policy explains how we process personal information where Aileron Discovery Network Ltd acts as a data controller.
Where we process personal data on a Customer’s documented instructions as a data processor, the parties will be subject to Binkley’s Data Processing Addendum, where applicable.
UK GDPR requires contracts between controllers and processors to contain specific provisions governing matters including instructions, confidentiality, security, subprocessors, data-subject rights and end-of-contract deletion or return. ICO
25. Subprocessors and service providers
We may use third-party providers to help operate Binkley.
These may provide services including:
- hosting;
- database infrastructure;
- authentication;
- file storage;
- monitoring;
- backup;
- email delivery; and
- API integrations.
Where those providers process personal data on our behalf, we will take reasonable steps to ensure appropriate contractual and security arrangements are in place.
Further information about relevant subprocessors can be provided where required.
26. Cancellation
Unless a different minimum term is stated in your Order Form, Binkley is provided on a rolling basis with no minimum subscription term.
Either party may cancel the recurring service by giving at least 30 days’ written notice.
Cancellation notices may be sent using the contact method specified on your account, Order Form or by email to:
Fees falling due during the notice period remain payable.
Monthly charges are billed in advance and are not normally apportioned for a partially used billing period unless we agree otherwise or the law requires it.
Where a specific pilot or pricing commitment states different cancellation arrangements, the written commitment will take precedence.
27. What happens after cancellation
When the service ends:
- access to the Customer workspace may be suspended;
- ongoing monitoring and collection will stop;
- active third-party integrations may be disconnected;
- relevant OAuth or integration credentials may be revoked; and
- operational Customer data will normally enter our retention and deletion process.
We normally retain the operational Binkley workspace for 90 days following cancellation.
This period is intended to allow for:
- reasonable queries;
- data export where agreed;
- administrative closure; and
- possible reactivation.
After that period, operational workspace data will normally be deleted or irreversibly anonymised unless a separate lawful reason requires retention.
Certain information may be retained for longer where required for accounting, legal, security, contractual or regulatory purposes.
Encrypted backup copies expire through our separate rolling backup-retention process.
Further details are provided in our Privacy Policy and data-retention procedures.
28. Suspension
We may suspend all or part of the service where reasonably necessary because of:
- serious or repeated breach of these Terms;
- overdue undisputed payments following reasonable notice;
- suspected compromise of an account;
- misuse of the service;
- unlawful activity;
- a serious security risk;
- a legal or regulatory requirement; or
- an emergency affecting the security or stability of the service.
Where reasonably possible, we will explain the reason for suspension and give you an opportunity to resolve the issue.
29. Termination for breach
Either party may terminate the agreement if the other commits a material breach and, where that breach is capable of remedy, fails to remedy it within a reasonable period after being asked to do so.
We would normally allow at least 14 days to remedy a material breach where circumstances reasonably allow.
Immediate termination may be appropriate where:
- the breach cannot reasonably be remedied;
- continued service would be unlawful;
- there is deliberate serious misuse;
- there is a serious threat to security; or
- insolvency or similar circumstances materially affect the ability to perform the agreement.
Termination does not affect rights or liabilities that arose before termination.
30. Our responsibility to you
We will provide Binkley with reasonable care and skill.
Binkley is intended to support decision-making about website health. It does not remove the need for appropriate professional judgement.
We are not responsible for losses arising solely from:
- a Customer choosing not to act on an identified issue;
- changes made to a website without our involvement;
- inaccurate or incomplete information supplied by the Customer;
- third-party services outside our reasonable control;
- failures in the Customer’s hosting, website, infrastructure or suppliers;
- unauthorised actions by the Customer or its users; or
- use of Binkley for a purpose materially outside the agreed service.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so.
In particular, nothing is intended to exclude liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any liability that cannot legally be excluded.
Liability cap
Where the parties agree a financial cap on liability, that cap will be stated in the applicable Order Form, proposal or other written commercial agreement and will form part of the contract between the parties.
No provision of these Terms is intended to override a liability provision specifically agreed in writing.
31. Indirect losses
To the extent permitted by law and unless otherwise agreed in writing, neither party will be responsible to the other for losses that are indirect or consequential and were not reasonably foreseeable when the agreement was entered into.
For business Customers, this may include loss of anticipated profits, revenue, business opportunity or goodwill where such loss is indirect or consequential.
This section does not apply where liability cannot lawfully be excluded.
32. No professional or legal advice
Information, findings, recommendations and reports provided through Binkley are operational website-health information.
They are not:
- legal advice;
- financial advice;
- formal cybersecurity certification;
- an accessibility compliance certificate; or
- a substitute for advice from a suitably qualified specialist where one is required.
33. Changes to Binkley
We may update or improve Binkley over time.
This may include changes to:
- interfaces;
- reports;
- integrations;
- monitoring methods;
- scoring methodology;
- infrastructure; and
- supporting technology.
We will not intentionally make a material reduction to the core service purchased by a Customer without reasonable justification.
Where a significant change materially affects the contracted service, we will provide reasonable notice where practicable.
34. Changes to these Terms
We may update these Terms from time to time.
For existing Customers, we will provide reasonable notice of a material change where required.
Where practicable, we aim to provide at least 30 days’ notice of material commercial changes.
We may make changes more quickly where necessary because of:
- law or regulation;
- security;
- fraud prevention;
- an urgent infrastructure change; or
- a third-party service requirement.
The latest version will be published on the Binkley website with its effective date.
35. Price changes
We may change Binkley’s prices from time to time.
Any price protection specifically agreed with a Customer will be honoured for the agreed period.
Outside such a commitment, we will give reasonable advance notice of an increase to recurring subscription fees before the new price applies.
You may cancel in accordance with the applicable cancellation terms if you do not wish to continue at the revised price.
36. Events outside our control
Neither party will be responsible for a failure or delay caused by circumstances outside its reasonable control.
These may include:
- widespread internet or telecommunications failures;
- cloud-provider outages;
- natural disasters;
- war or civil disorder;
- government action;
- serious cyber incidents;
- utility failures;
- industrial disputes; or
- failures of critical third-party infrastructure.
The affected party should take reasonable steps to minimise the effects and resume performance when reasonably possible.
37. Assignment
You may not transfer your agreement with us to another person or organisation without our prior written consent, which we will not unreasonably withhold where the proposed transfer is legitimate.
We may transfer our rights or obligations as part of:
- a business reorganisation;
- sale of the Binkley business;
- corporate restructuring; or
- transfer to another entity within our business,
provided that doing so does not materially reduce your contractual rights.
38. No partnership or agency
Nothing in these Terms creates a partnership, employment relationship, joint venture or agency relationship between you and Aileron Discovery Network Ltd.
Neither party has authority to bind the other except where expressly agreed.
39. If part of these Terms is invalid
If a court or competent authority determines that part of these Terms is invalid or unenforceable, the remaining provisions will continue to apply.
Where possible, the affected provision will be interpreted or adjusted only to the minimum extent necessary to make it lawful and enforceable.
40. Waiver
If either party does not immediately enforce a right under these Terms, that does not mean the right has been waived.
A waiver relating to one event does not automatically apply to another event.
41. Entire agreement
These Terms, together with any applicable:
- Order Form;
- proposal;
- service description;
- Data Processing Addendum; and
- other expressly incorporated written agreement,
form the agreement between the parties concerning Binkley.
If there is a conflict, a specifically agreed written Order Form or contractual variation will take precedence over these general Terms for the matter it expressly addresses.
42. Third-party rights
Unless expressly stated otherwise, a person who is not a party to the agreement has no right to enforce these Terms.
43. Governing law and jurisdiction
These Terms and any dispute or claim arising from them are governed by the laws of England and Wales.
The courts of England and Wales will have jurisdiction over disputes arising from or connected with the agreement, subject to any rights that cannot lawfully be excluded.
44. Contact
Questions about these Terms or your commercial agreement with Binkley can be sent to:
For product support:
For privacy or data-protection matters:
Or contact us at:
Aileron Discovery Network Ltd
Station Business Centre
2 Station Road
Clowne
Derbyshire
S43 4RW
Telephone: 01246 923890