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 Suite 1,Bailey Court, Green Street, Macclesfield, Cheshire, England, SK10 1JQ 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 firstname.lastname@example.org or write to us at The Web Designer Group Ltd, Suite 1,Bailey Court, Green Street, Macclesfield, Cheshire, England, SK10 1JQ, or call our customer support service on 01625 830 730. number]
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: 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 optimization.
- Website Design: Our website design services include design, development, technical maintenance, backup, security updates, content creation and search engine optimisation. We also provide a continuing monthly subscription service. Subscription may vary depending on the features in your service plan. You may cancel your subscription at any time.
- Domain Registration, hosting and transfer: We offer domain registration and hosting services. We register domains in the customer’s name and the Company as technical or admin contact. The fee for domain hosting is for the main website and does not cover sub-domains. Please note that domain renewals are charged automatically for existing customers unless a cancellation notice is received 30 days before the next renewal date. We also provide domain transfer services. If you would like to transfer your domain, source code, login credentials and related data to another hosting provider, the Company can do this for you at a one-off charge of £195. If a customer is on our continuing monthly subscription service, the Company will a charge a one-off transfer fee of £345.
- Domain name Transfer: You can transfer your domain name at any time to another person or entity at one-off fee of £9.95
- 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: 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 optimization, 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. 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
- 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.
- 14. 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.
- 15. 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.
- 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.
- 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.
THE WEB DESIGNER GROUP LTD – REFUND POLICY
The Web Designer Group Ltd offers intangible digital services and products in the form of website design and development, digital marketing and advertising, domain hosting and registration as well as search engine optimization services, which are generally not eligible for refund. Once our digital services are completed or delivered, we do not issue refunds.
The Web Designer Group Ltd understands however that there are certain circumstances in which we may accept refund requests as explained below.
Major defects in web design or SEO project: The Web Designer Group Ltd exercises acceptable level of care and skill in designing, developing, maintaining and or deploying all products provided by us and in performing our services. You agree however that even though we will do our best to exercise diligence, certain flaws or bugs might occur in our digital services or products or third party services used by us including for example defects in web applications, hosting servers or cloud platforms. In the event of critical defect affecting your website, you must notify us as soon as possible so that we can work to resolve the matter. If the defect is confirmed by us, we will, after consultation with the Customer, decide the timeframe that is reasonably appropriate to assess the nature and extent of the defect and implement the appropriate remedial measures. If we fail to repair the defect within the agreed period of time, we will issue the Customer with a full refund of the amount paid for the Service or Product without any additional reimbursement or reimbursement for delays or supplementary costs. If the Customer so wishes, we may offer a replacement of the service or product of equal or roughly equal value. All claims for refund are subject to our assessment of the nature of the defect in the service or product. Please be aware that we may refuse refund if we have good reasons to determine that defect has occurred through fault of the Customer, including for example where the Customer modifies the website or installs any third party software that affects the site or SEO work. If we are not notified of the defect within 7 days after completion of service, we will consider our services as properly delivered or performed and the Company will not be obligated to issue a refund or implement any remedial actions.
Service or Product Not According to Specifications
If the final service or product does not conform to your specifications, you should inform us as soon as possible within 7 days from the date of delivery of the product or completion of service. All claims of non-conformity with customer specification must be accompanied by actual proof that the delivered product or completed service is not as described on our website or, where applicable, under service agreement with the customer. The Web Designer Group Ltd will not accept claims of non-conformity which are based on customer’s unsubstantiated expectations.
Contact us: For refund requests, contact us at: firstname.lastname@example.org. We advise you to read our Terms and Conditions and make sure that you claim of refund complies with them.