TERMS OF SERVICEIt is the responsibility of all purchasers, customers, members, subscribers, agents and distributors to read these Terms and Conditions before making any purchase or entering into any agreement or contract with our website or any of our affiliates. This website is owned and operated by the website (“us”, “we” and our”), incorporated in the United Kingdom. Your access to and use of this website is subject to these terms and conditions, and any notices, disclaimers or other terms and conditions or other statements contained on this website (referred to collectively as “Terms and Conditions”). By using this website you agree to be subject to the Terms and Conditions. The following terms and conditions regulate the access to and use of the Services (as defined below). Please review the terms and conditions carefully. In addition, the following additional definitions shall have the meanings set forth below. Additional definitions are also provided else-where in these terms and conditions. “Agreement” means these terms and conditions including all policies, procedures and/or guidelines which appear on the Website from time to time. “Consumer” means as defined in article 2 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts. “Directive on electronic commerce” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market.
USE OF THE SERVICESOnly individuals that are 18 years or older are permitted to use the Services that are free of charge. The Website is not intended for children under the age of 18. The website does not target its Services or the Website to children under the age of 18. The website does not knowingly collect Personal Data (defined below) from children under the age of 18. The Membership may only be used for purpose of your trade, business or profession and only individuals that are 18 years or older are permitted to subscribe to the Membership.
PRICE FOR THE MEMBERSHIP
The fee for the Membership will vary depending on the service we offer at the time you join (the “Membership Fee”). The Membership Fee shall be paid either direct to us in advance to The website by PayPal Business Account, or to one of our hosting programs that we recommend (or any other payment method designated by The website from time to time). For more information about PayPal, its current terms and conditions for services and creating a PayPal Business Account visit http://www.paypal.com. The website reserves the right to modify the Membership Fee and the prices for other Services from time to time in its sole discretion to cover any increase in the website costs for the Services (including but not limited to increased costs of materials, labor, services, currency fluctuations or as a result of government taxes and levies).
REFUND POLICYYou can cancel your website at any time and for any reason, thus stopping any future payments that may be in place. Please contact us with your domain name and receipt and we will cancel any subscription. Please allow 5 business days for any cancellations to be applied. Secondly, you can request a refund for any payments made in the last 30 days if you are not satisfied for any reason. Thirdly, in certain circumstances we may offer a guaranteed setup time for our websites ("your website setup with x days or we will give you "$x" and your money back"). This is a generous offer and therefore comes with several qualifications: Firstly, the offer only runs on business days, ie. between 9AM Monday (GMT) to Friday 5PM (GMT). Secondly, please note that the cash aspect of this offer ("..we will give you $x...") applies only to the timescale promised, and not to any other aspect of the refund policy. In other words, provided we have setup a working website, on the domain of your choice, within 24 hours of you requesting that website, you cannot request/claim the cash bonus for any other reason (e.g. "I am not happy with my logo"). You can of course still request a refund and cancellation for any reason, as per our usual refund policy. But the "cash bonus unless we deliver a website in "x" hours" aspect will only apply when we do not have a physical website live within 24 hours.
YOUR RESPONSIBILITY FOR WEBSITE CONTENT & OTHER DATA RELATING TO YOUR WEBSITEYou warrant that any content added by you to your website complies with this Agreement and all applicable laws, codes and good advertising practices, including but not limited to that your website does not: (i) constitute inciting rebellion, agitation against an ethnic group, child pornography crime or unlawful depiction of violence; (ii) infringe in any third party IPR or trade secret; or (iii) invade the privacy or publicity of any living person. You will need to review and agree to the terms of any hosting account you sign up with.
DISCLAIMER AND LIMITATION OF LIABILITYTHE WEBSITE DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES APPLICABLE TO THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF CONDUCT OR TRADE PRACTICES. (A) The website is not liable for any delay in performance of its obligations under this Agreement caused by circumstances that were not reasonably foreseeable by the website at the time of entering into this Agreement and the effects of which could not reasonably be avoided or overcome, including but not limited to disruption or delay in external networks or telephony connections or shortage in power supply. The website shall not in any case be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement or use of its services, even if we have been advised of the possibility of such damages, and regardless of the legal theory on which any such damages may be based.
PRIVACYWe will comply with obligations imposed on us by applicable Data Protection legislation. We shall use personal information provided by you in accordance with the provisions of our Privacy Agreement.
DISCLAIMER AND LIMITATION OF LIABILITYTo the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through use of or access to this website, or our failure to provide this website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to re-supplying this website or any part of it to you, or to paying for the re-supply of this website or any part of it to you. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
JURISDICTIONThese Terms and Conditions are governed by the law in force in the United Kingdom, and the parties irrevocably submit to the non-exclusive jurisdiction of the UK courts for determination of any dispute concerning the Terms and Conditions.
AMENDMENTWhilst we have made every effort to ensure the accuracy of the information on this website, the information given on the website is subject to change, often without notice. These terms and conditions can be modified at any time by us and you agree to continue to be bound by these Terms and Conditions as modified. We will give you notice of these changes by publishing revised Terms and Conditions on this website – we will not separately notify you of these changes.
SEVERABILITYIf the whole or any part of a provision of these Terms and Conditions is void, unenforceable or illegal in a jurisdiction then that provision or, if permissible, the relevant part of it, will be severed in respect of that jurisdiction. The remainder of the Terms and Conditions will have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause will have no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
INTELLECTUAL PROPERTYAll copyright, database rights, trademarks and other intellectual property rights in the content of this website belongs to us or a third party including our licensors. This content may include names, terms and/or data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual property of either ourselves or a third party. Any third party intellectual property used by us in the content of our website should not be interpreted as meaning that the third party owner sponsors, endorses or is in any way affiliated with us or with our business, nor that they make any representation regarding the advisability of our products. Except where necessary in order to view the information on this website on your browser, or as permitted under UK law or these Terms and Conditions, no information or content on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent.
NOTICESWe may send notices to the email address provided to us by you. It is your responsibility to ensure that you notify us of any change to your email address. Any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.
TERMINATIONWe have the right to terminate your use of this website or any subscription, membership, agency or distributor agreement if we determine in our sole discretion that you have breached the Terms and Conditions.
EXTERNAL LINKS TO WEBSITES
We may provide links to other, external web sites that provide information which we may we determine at our discretion as containing the most useful information related to our product(s), coupled with the potential for us to earn affiliate commissions for referring you there.
In the case of the hosting programs, we receive an affiliate commission when you sign up to create a hosting account. This is the financial incentive that justifies us building your website for you.
While many sites provide very useful information, we only provide links to those sites which provide the most useful content. We may change these links at any time as more useful or relevant sites are brought to our attention. External web sites will generally not meet our purposes if they contain, suggest, or infer any of the following: 1. Advocacy of or opposition to any politically, environmentally, or socially controversial subjects, issues, or candidates. 2. Disparaging or promoting any person or class of persons. 3. External content not suitable for readers or viewers of all ages, or links to or other promotion of businesses whose 4. products or services are not suitable for persons of all ages.Promoting or inciting illegal, violent, or socially undesirable conduct. 5. Promotion or availability of alcohol or tobacco products. 6. Promotion or availability of illegal drugs. 7. Promotion or availability of adult or sexually oriented entertainment or materials. 8. Promotion, opposition, or availability of weapons. 9. Promotion, opposition, or availability of gambling. 10. Claims of efficacy, suitability, desirability, or other non-objective statements about businesses, products, or services. 11. Content that infringes on any trademark, copyright, or patent rights of another. 12. Claims or representations in violation of advertising or consumer protection laws. 13. Content that a reasonable citizen may not consider to maintain the dignity and decorum appropriate for government. This list is a nonexclusive list. Our external link policy applies only to web sites outside of our own. Procedures will be put in place by the webmaster in order to monitor the implementation and continuing oversight of this policy. Such procedures will include a process for review of all new requests for external content links from our Web page to another page. This will be done to ensure compliance with this policy prior to granting the request. The following guidelines will be used to evaluate each request for such a link: Is the content relevant? In other words, does the site provide information or services which are not already available or linked to ours? If not, is the quality of the site comparable to or better than what is already provided? Other questions that will be asked include: Is the site well designed, easy to use, cross-browser compliant, and accessible to people with disabilities? We reserve the right, at our sole discretion and without explanation, to withdraw at any time any external content for any reason.
RELATIONSHIP OF PARTIESNothing in this Agreement or your use of the Services shall in any way constitute any agency, association, partnership, joint venture or employee-employer relationship between you and the website. You shall not have any right, power or authority to make any representation or to assume or create any obligation, whether express or implied, on behalf of the other, or to bind the website in any manner.
YOUR INDEMNITYYou agree to indemnify and hold the website and its affiliates harmless, to the extent permitted by applicable law, from all loss and expenses, including reasonable attorney’s fees, which are based on or arise from your violation of any of the provisions of this Agreement or otherwise is related to your website and/or use of your site.
OPERATION OF SERVICEThe website reserves the right to modify, suspend, discontinue or restrict access to its Services at any time without notice and for any reason and will not be liable to you in any way for possible consequences of the aforesaid.
AMENDMENTS OF TERMS AND CONDITIONSThe website may change, amend or modify any of these terms or conditions, at any time and in The website sole discretion. Changes will be notified by posting a change notice on the Website that is visible when users log-on for the first time after a change has been made and by e-mail to you. All such modifications shall have effect thirty (30) days after notice, unless indicated otherwise. If you do not consent to any changes in these terms and conditions you must terminate this Agreement. Your continued use of the Website and Services will be subject to the then current terms applicable to the Website.
CAUTIONAt all times any and all information on, or product purchased from, this website, is for educational purposes only and is under no circumstance intended to provide financial advice. No guarantee is represented from any statements about profits, cost, or income, whether express or implied. You will at all times accept the full responsibilities for all of your actions, including but not limited to profit or loss. You agree to hold us, the site legal owners, and any authorized distributors of this information at all times harmless in any and all ways. By using our product(s), service(s) and website this constitutes your acceptance of our user agreement. You agree by using this site and accepting our terms and conditions of purchase that you agree that you, and you alone, must ensure that the use of any of the materials purchased from our site in any manner or form at all, is in compliance with your national, local, federal, state or county laws.