THE WEB DESIGNER GROUP LTD – TERMS AND CONDITIONS
- About us:
This website together with is its subdomains, blogs, and forums (collectively, the “Platform”) is operated by the Web Designer Group, a limited liability company specialised in web design and development, digital marketing and search engine optimisation, domain registration and related services. Our registered company number is 11464444. Our address is 20-22 Wenlock Road, London, N1 7GU and our VAT number is GB300138760. We are licensed with the Information Commissioner’s Office under number ZA457714. If you have any questions, please email us at email@example.com or write to us at The Web Designer Group Ltd, 20-22 Wenlock Road, London, N1 7GU, or call our customer support service on 01625 830 730.
These terms and conditions (“Terms”) constitute the basis upon which The Web Designer Group Ltd makes our Platform available to you. Please read these Terms carefully because they constitute a binding legal contract governing the use and access of this Platform. By using, accessing, communicating, interacting or transacting on or via this Platform, you are deemed to have agreed to be bound by these Terms and to fully abide by them. If you do not want to be subject to these Terms, we advise you not to use the site and related services.
Unless the context clearly indicate a different meaning, the following terms shall have the following meanings:
“Account” means a user account created on the platform for the purposes of accessing and or using the Platform and Services
“Company” means The Web Designer Group Ltd and its partners and affiliates.
“Content” means text, images, audio, videos, icons, logos, artwork, designs, scripts, software, source code, database and any other information or digital materials which features on or forms part of our Platform
“Platform” means this website and related subdomains, blogs, hosting servers, forums and other interactive elements of the site
“Services” means any of the services provided by the Company and includes web design, development and maintenance, digital marketing and advertising, search engine optimisation, domain registration and/or hosting
“Subscription” means any paid package or service plan offered by the Company.
“User” means a user of the Company’s Platform and includes customer of the Company.
“User Content” means content submitted by or created on behalf of the User.
“User Site” means a website created by or on behalf of any user on or via our Platform.
- Access, registration and Eligibility:
Our Platform can be accessed freely without charge but we may require users to register and create user accounts in order to use or access certain services. We also do not allow users who are below 18 years of age. If you use our Platform and related services, you are unconditionally representing to us that you meet this age requirements. To create your user account, we may ask you to provide certain personal and financial information including for example your name, email address, telephone number, mailing address and or credit card information. This information may be required so as to complete your registration and provide you with requested services. All information submitted in connection with registration must be accurate, complete and up-to-date and you promise us that you will update such information from time to time as soon as it needs updating.
When creating a user account, you will be required to select a username and a password. For security reasons, we advise our users to choose strong passwords consisting of combination of small and capital letters, numbers and symbols. Your password is for personal use and must not be shared or disclosed to any person. Please note that The Web Designer Group does not have access to user passwords. You are personally responsible for maintain the security and privacy of your account and you assume complete liability for all conduct happening under your account. If you lose your password or if you think your account has been compromised, you can reset your password as soon as possible.
- Services & General Terms: The Web Designer Group offers a wide array of services which can be purchased separately or as part of package. Our services include website design, development and maintenance, digital marketing and advertising, domain hosting and registration as well as search engine optimisation.
- General Terms:
- A small ‘Website Designed by The Web Designer Group’ link will appear at the bottom of your website’s pages. This helps us promote our services. This can be removed by purchasing our Badge Removal Website Add-On.
• We reserve the right to use all designs produced during the production process in our portfolio of work.
• Our liability for all services we provide is limited to the price paid for that service.
• Statistics provided by The Web Designer Group Ltd. may be subject to some distortion caused by automated website spiders adding hits to the stats records. We monitor this regularly and make changes where necessary to remove automated hits. This may cause occasional changes in website stat data.
- All invoices are to be paid on the invoice date unless otherwise stated.
• Initial payments/deposits on all service e.g. website design, Search Engine Optimization (SEO), logo design etc are non-refundable.
• If you have opted to pay monthly, your monthly payments will start a month from the day you signed up. This is because we set up you’re hosting to build your website and other services immediately. This fee repeats every month thereafter until you close your account through the cancellation method indicated above.
• Monthly Maintenance retainers automatically renew each month unless you cancel your services in advance of the renewal date.
• We reserve the right to pass on any charges we incur as a result of late, declined payments. If a payment should be charged-back a £25+vat fee will be applied to your account.
• If when making a payment either online or by telephone you authorise us to take payment automatically for your ongoing fees using your payment method we will continue to do so until asked not to.
• To request automatic payments to be cancelled you must contact our support team by email.
• For one-off payments such as the remainder of your balance after the build process or for one-off changes to your services, we can with your permission repeat against a past transaction so you do not need to re-enter your payment details. This will only ever be done with your permission.
• In the unlikely event that a website build takes longer than 3 months where the delay is largely due to a client’s failure to provide required information and we have requested multiple times for that information we may request and require the outstanding balance of any invoice for that service to be paid in full.
• Late payments will be subject to a £15+vat late payment fee.
• Should a payment such as a hosting payment become very overdue e.g. over 20 days and we have tried to contact you more than once regarding this overdue payment, we reserve the right to close the account. Any deposit payments will be forfeited.
• If an account is closed due to non-payment / late payment then we reserve the right to request the full balance on the account to be cleared before the account is reactivated.
• Should payments remain unpaid we will write to you giving 14 days notice to pay. If payment is not made within that time-frame a final £25+vat late payment fee will be applied and the case may be referred for collection through the courts.
- Second option of Payments:
- Due to the COVID-19 pandemic, we offer a second option to our customers to enable them to spend less upfront costs and divide those payment in future instalments. Therefore, you can now spend less on your initial fees to us and pay the whole package that you are willing to purchase in monthly instalments. It is important to note that you will not own the website that your package offers until you have made 12 consecutive monthly payments. Correspondingly, our invoices will indicate to you the amount you are obligated to pay per month in order to own your website after you have completed successfully the payment structure of 12 consecutive monthly payments.
- This Second Option of Payment also includes the late payment terms outlined and specified above. Therefore, in the event that you are late on any of your applicable monthly payment fee, you will be charged £15+vat late payment fee. Accordingly, we will use Stripe as the method of payment to obtain recurring card payments from you in this option of monthly payments and you further hereby agree and acknowledge that if you do not pay 2 consecutive payments on time, your website, that is included in your package, will be deleted completely. Within this payment option, you will further be obligated to pay a further Admin Fee of 17% of the sales value.
- Domain names specified when signing up are not confirmed until your site goes live. Availability checker is only an indication of potential availability and is in no way a guarantee.
• All website packages include one domain name which we will register for you. The domain can be a .co.uk, .org.uk or .org. The website package includes one domain and does not cover sub-domains. Other top-level domains may incur additional fees which we will inform you of before registering them.
• Domains which you have registered externally can be transferred to us or pointed to our servers. We will assist in the configuration of 1 domain externally, for additional domains we may charge a £5+vat fee to cover the configuration time. On some occasions we will not be able to configure external domains but in those instances, we will provide you with the information you will need to ask your current provider to make the required updates.
• Additional domain names transferred to us or requested beyond the one included, will increase your ongoing fee by the equivalent of £2.50+vat a month in the case of the standard top-level domains or more for non-standard domains. For non-standard domains we will inform you of the costs.
- To cancel your account, you must contact support on firstname.lastname@example.org Notice of 7 days must be given for cancellation. Any payment due within that 7-day period may still be charged and is not refundable.
• Your cancellation is not confirmed until we contact you to confirm so. This is to ensure we have received your request and the account has been closed.
• You can cancel your account while your website is being built and only forfeit the non-refundable deposit payment. If however you wish to cancel once your website mock-up / initial design has been produced, you will then be liable for the full balance of the website build and any other fees accumulated during the build process.
• If you have paid for your website upfront and you cancel your order, the amount paid is non-refundable.
• If you have received a discount or promotional extra as part of your package and wish to cancel during any of the phases prior to, and up to completion of your package, any outstanding balance will be calculated on the basis of the full cost of all items without discount or promotions applied.
• Reactivation of closed accounts through cancellation by the client or automatic cancellation due to non-payment, will be subject to £150+vat reactivation fee.
• Once an account is closed, we provide no guarantee that the service can be restored as data from inactive accounts is purged from our databases periodically.
- You further hereby agree and acknowledge that our copywriting services do NOT include a refund. We have a strict no refund policy for our copywriting services. This is because we spend time and effort to deliver great copywriting services to you that are customisable and bespoke to your needs and therefore, we do not allow any refunds in case you are not satisfied or have an issue with our copywriting services. We may however at our discretion offer you a different professional copywriter from The Web Designer Group for your copywriting service.
- Domain names we hold can be transferred away subject to a £25+vat admin fee. Transfers will only be commenced after any outstanding account balance is cleared.
• If you want to transfer your website away from us, we will provide you with a full Cpanel backup as long as the full website design balance has been paid. It is your responsibility to restore the Cpanel backup with your new provider. We may remove any plugins relating to our Company or Server. Your website can be transferred to a new provider once the full balance of the website is paid in full. If you have opted to pay by monthly instalments, the remaining monthly instalments would need to be paid in full before we provide you with a full Cpanel backup. cancellation is not confirmed until we contact you to confirm so. This is to ensure we have received your request and the account has been closed.
- The liability of any outstanding balances falls to the company or individual named on the account. If an incorrect company name is provided, the liability will fall to the individual who opened the account.
• If you wish to transfer ownership of your account to another company or individual, all balances will need to be settled first. Once settled we will require full contact details of the new owner from the new owner and confirmation from the you that you wish to transfer ownership. That confirmation should include matching contact details as those provided by the new owner.
• Turnaround times are estimates based on average past performance unless otherwise indicated.
• If commissioning an ecommerce website, please note that we do not add all your products due to time constraints when building your site.
• We retain the copyright on all materials produced e.g. logos, website designs, business cards until the entirety of the package signed up for is paid for. Once this is done, copyright of any design work is transferred to you. We retain the right to include the produced work in our portfolio. The website manager remains the intellectual property of The Web Designer Group Ltd.
• Stock images we provide are for use on your website only and allowances as part of your package and/or add-ons expire once your website is launched.
• We accept no liability for errors such as spelling errors or inaccurate contact details once a service provided has been completed.
• We do not proof read any content you provide for your website. We accept no responsibility for errors.
• Features of ongoing packages do not roll over. Any allowances expire at the end of the given period.
• Unless otherwise stated, offers cannot be used in conjunction with other promotions.
• We accept no responsibility should finished printed items not accurately reproduce colours, quality or contain errors.
• Social Media set up upgrade we include the setup of LinkedIn, Instagram, Twitter and Facebook accounts only. You will need a personal Facebook account so that we can make you the owner of the Facebook Page we set up for you. Without a personal Facebook account, you will not be able to manage the Facebook Page. It is your responsibility to set up your personal account. Social Media setup is not required if you already have business pages / accounts set up and just want us to link to them from your new site.
• For Ecommerce websites we only integrate with PayPal, Stripe, Sagepay and Worldpay gateways. As part of your setup, you may need to configure elements of the integration within the respective gateway’s systems. We will provide guidance as to any changes that need to be made however support for specifics within those systems must come for the gateway themselves. We can sometimes make the changes on your behalf but reserve the right to charge a small fee for this.
• The contract between you and The Web Designer Group Ltd is entered into under the exclusive jurisdiction of the courts of England and Wales.
• The security and wellbeing of our staff is of paramount important. Abusive behaviour such as swearing or threatening a member of our team will not be tolerated. Should behaviour of this nature occur we reserve the right to terminate your contract with the full forfeit of any monies paid to date. We are always happy to and wish to address any concerns you have however this should be done in a mutually respectful manor.
• At our discretion we reserve the right to cancel the order and issue a full refund for any reason we deem as appropriate.
• To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.
• To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or to any Content (including User Content) included on Our Site.
• If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
• We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to Clause 14 (Disclaimer of Warranties), however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.
• We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
- Furthermore, it is also important to emphasise that we will act to the best of its capability, capacity and knowledge to perform services to you as best as reasonably possible, but we cannot guarantee any specific results such as amount of leads, followers, conversion rates, sales, revenue, profit and other similar things. In fact, we cannot be held liable or responsible, under any circumstances whatsoever, in the event that you have self-imposed certain goals, targets or results that were not accomplished by us.
- Additional work and Changes to the Site: Once your website project is completed, we will provide you with log in information to access your website administrator panel as well as our customer support portal. You can make any changes you want to your website using the website’s admin panel. Please note that we do not provide access to website’s CPANEL. If at any time you would like us to supply or perform an additional service or modification not falling within the scope of your subscription plan or services in accordance with this Agreement, we will do that at a fee to be agreed by both parties.
- Content Supply: The copyright and observation of other third party copyrighted material is the responsibility of the contracted client and not that of The Web Designer Group Ltd. Unless we agree otherwise, it is the website owner’s responsibility to supply to the Company all text, photographs, images, artwork, audio, videos, logos, files and such other media or content as is necessary for the performance of the agreed website design, digital advertising or SEO services.
- Logins and Access: The Company will provide the customer with access to simple WordPress Editor as well as email login credentials which may be needed to access and manage the website and business email. The Company will only provide access to the WordPress Administrator Access Level if the customer so demands and the Company will not be liable for any damage to the website or website’s SEO work which result from modifications made by the customer. For the avoidance of doubt, the Company does not provide access to the website’s CPANEL. If the customer would like to set up subdomains, the Company may require the customer to supply the DNS A records of the desired hosting server for sub domains.
- SEO Services: The Company provides on-demand and personalised SEO services. The content of SEO services will vary depending on the customer’s requirements including for example initial consultation, SEO strategy building, keyword research, content creation and optimisation, report generation, technical SEO and similar services. We provide a starter 3-month SEO package with a 30-day cancellation notice requirement. If no cancellation is received at the end of the 3-month period, the subscription will renew automatically. Because the Company has no control over search engines rules or ranking algorithms or the competitiveness of any specific keywords, we do not guarantee that the customer’s website will attain number one ranking or consistent top ten rankings during the term of any subscription for any specific keyword(s).
- Orders and Order confirmation:
When you place an order for a service or product on the Platform, we will send you an email confirming your order. Following order confirmation, the Company will allocate you an Account Manager who will provide you with an outline of the project and makes sure that services ordered by you are delivered in time and in accordance with our terms and conditions. An Account Manager will be responsible for answering your questions and make any changes requested by you. As soon as your order is confirmed, your account Manager will provide you login information to our support portal where you find tutorials, guides, discount vouchers, third party products and services and other information that we think would be useful to you.
- Subscriptions: You must maintain your subscription in good standing. Failure to pay the required subscription fees may result in the immediate suspension of your access to services and the Platform. The company may charge a fee for services as described in section above.
- Refer A Friend: Referral attempts that do not use the referral link mechanism or do not provide the voucher code on the telephone prior to purchasing insurance will not qualify for the reward.
There is no limit to the number of referrals that can be made by an individual referrer.
• Referral links will be generated by The Web Designer Group and sent to potential referrers by email and in the My Account section. They can also be generated and sent to a referee (friend) on completion of our online form by the referrer at thewebdesignergroup.co.uk/refer-a-friend
• Referral links can be shared by any means online provided that this does not involve paid advertising or the unauthorised use of The Web Designer Group’ brand or intellectual property.
• The referrer and the referee (friend) can’t be the same person. Where we identify they are the same person, for example by email address, phone number, IP Address, or policyholder name, the offer will be void.
• This offer cannot be used in conjunction with any other offer.
- Store Credit: The Web Designer Group Store Credit shall not be redeemed for cash under any circumstances.
- Intellectual Property Rights:
- This Platform features many types of content including text, images, artwork, logos, icons, audio, videos, trademarks, service marks, source code, databases, software and related information (collectively, “Website Content”) all of which are owned exclusively by us or our licensors. All website content is protected by UK copyright and other intellectual property laws. Except as permitted by the law, you must not decrypt, disassemble, reverse engineer or decompile the software used on this Platform for the purpose of investigating the construction of such software. You must not use copy, reproduce, disseminate, sell, lease or sub-license the Website Content including User Content without our express prior written approval or the approval of the User who owns the content.
- License to Use: The Company grants us a limited, revocable, royalty-free, non-transferable and non-exclusive license to: (i) access, view and use our website on any browser; (ii) download or print reasonable copies of website content for later viewing and for private non-commercial use only. This is a grant of license to view, use and access the site and under no circumstances whatsoever shall it be interpreted as transfer of title, right or interest in the Platform or its Content. Nothing in these usage restrictions exclude the right of fair use of copyrighted works as recognised under applicable laws.
- User Content:
By posting content on our Platform (each a “User Content”), you grant us a non-exclusive, royalty-free, permanent, and universal license to such User Content. This license includes the permanent right for The Web Designer Group Ltd to post the User Content in any media and to copy, store, distribute, transfer, display, modify, translate and reformat any User Content, and/or to include it in a joint work, database or archive. You agree not to provide any User Content that is illegal, deceptive, slanderous, libellous, indecent or obscene, threatening, infringing of any third-party proprietary rights, intrusive of personal privacy, or otherwise distasteful. By uploading, posting or submitting any User Content, you warrant that you have all required rights and authorizations to do so. You are not required to include any information in any User Content that identifies you. If you choose to provide personal information, you do so at your own risk. The Web Designer Group Ltd reserves the right not to post or to remove any User Content from any portion of the Platform for any reason. The Company may, but is not obligated to, screen content before posting or use. We may limit the length of User Content. You agree to indemnify The Web Designer Group, its subsidiaries, and their officers, directors, owners, employees, and agents from and against any and all liability, losses, costs and expenses incurred by any of them in connection with any claim arising out of any User Content that you submit, your violation of these terms, or your violation of the Terms and Conditions that apply for the Platform generally.
- Links to Our Site: You may link to our website provided that you: (i) do so in a fair and legal way; (a) do not do so in a way that suggests that we are associated with, approve or endorse the contents of your website or any third party site or data that may be reached by means of that link, unless we have expressly stated as such; (iii) do not use our logos and trademarks without prior written permission, and (iv) do not link to the site in any way that tends to or is calculated to damage our reputation or derive an unfair advantage.
You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful, or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
- is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive another person;
- is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.4);
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
- is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
- Third Party Advertising
- We feature Third Party Advertising on Our Site.
- You agree that you will not attempt to remove or hide any Third-Party Advertising using HTML/CSS or by any other method.
- We are not responsible for any Third-Party Advertising on Our Site. Each Third-Party Advertiser is responsible for the content of their own Third-Party Advertising. We will not be responsible for any Third-Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
- Disclaimers and Legal Rights
- Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only.
- Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you (if you are a consumer) you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
- We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
- We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
- Our Liability
- To the fullest extent permissible by law, we accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.
- To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or to any Content (including User Content) included on Our Site.
- If you are a business (i.e., a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
- We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to Clause 14 (Disclaimer of Warranties), however, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.
- We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
- Viruses, Malware, and Security
- We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in Clause 15 (Limitation of Liability).
- You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
- You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
- You must not attack Our Site by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of this Clause 16, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
- Acceptable Usage Policy
- You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 17. Specifically:
- you must ensure that you comply fully with any and all local, national, or international laws, and/or regulations;
- you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
- you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
- When using Our Site, you must not communicate or otherwise do anything that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful, or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 17.2);
- implies any form of affiliation with Us where none exists;
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- removing your User Content (including, but not limited to, any User Sites) from Our Site;
- issuing you with a written warning;
- legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
- further legal action against you as appropriate;
- disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- any other actions which We deem reasonably necessary, appropriate, and lawful.
- How We Use Your Personal Information (Data Protection)
- All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
- In accordance with the GDPR, we will ensure that the use of your personal data is fair, lawful, accurate, not excessive and not used for longer than necessary. Additionally, you are hereby informed that we will use and process your personal data.
- Communications from Us
- We will never send you marketing emails of any kind without your express permission. If you do give Us permission, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us, it may take up to 7 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
- Contacting Us
To contact Us, please email us directly at email@example.com or using any of the options provided on Our contact page.
- Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales. Therefore, these Terms and Conditions will follow any laws related with the laws of England & Wales such as the Consumer Rights Act 2015 and all other relevant legislation.
- If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Clause 21 above takes away or reduces your rights as a consumer to rely on those provisions.
- If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
- If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.