Easy Internet Services Ltd trading as “123 Ranking” agrees to furnish search engine marketing and in some cases social media and web design services to the customer, subject to the following Terms of Service. Use of our services constitutes acceptance and agreement to our Terms of Service.
The Terms of Service may be modified by giving 45 days advance warning to customers of impending changes. The customer understands that change to the policies by Easy Internet Services Ltd shall not be grounds for early termination or non-payment of search engine marketing services. These Terms of Service shall be construed in all respects to be in accordance with the laws of the United Kingdom of Great Britain, Scotland, Wales and Northern Ireland.
1. Tenure of Service – The customer agrees that the tenure for the search engine marketing services is scheduled for 1 (one) year. Although we recommend a one year tenure, we will not hold customers to a full one year contract.
2. Nature of Service – The customer agrees that the search engine marketing service offered is a budget service, offering guarantees on a minimum level of performance expected for selected packages only, and only when explicit guarantees have been agreed in writing.
2.1 Easy Internet Services Ltd will work hard to achieve top positions based on the package purchased. Although Easy Internet Services will endeavour to achieve these positions, no guarantees are offered or implied that these positions will be achieved or maintained, unless we have agreed in writing that guarantees can be offered for you on a Rank 3 or Rank Elite package. All set up fees, regardless of the plan, are non-refundable.
2.2. Any guarantees offered on the Rank 3 or Rank Elite packages are at Easy Internet Services Ltd’s discretion. They apply to positions within Google and refer to a first page listing. With the 123 Ranking Money Back Guarantee, Easy Internet Services Ltd can guarantee that within 6 to 12 months for our Rank 3 plan we will achieve a minimum of three first page positions, or for our Rank Elite plan a minimum of four first page positions, or the customer will get an agreed percentage of their money back (only applicable where explicit guarantees have been given). Set up fees and additional fees such as VAT cannot be refunded. No guarantees will be made against a specific keyword or specific position.
2.3. Should any and all recommendations made by Easy Internet Services Ltd not be implemented, any third party work be undertaken which negatively affects work carried out by Easy Internet Services Ltd, or any work carried out by Easy Internet Services Ltd not be kept in place at all times, all guarantees will be forfeited.
2.4. If blog creation or setup has been agreed and paid for, Easy Internet Services Ltd will endeavour to complete this if possible. This is not included with our blog article writing service unless specifically stated. If blog setup requires more time or expertise than anticipated, this may be deferred to the customer’s web developer, or Easy Internet Services Ltd may offer to complete the work at an additional cost. Whether this is necessary will be at the discretion of Easy Internet Services Ltd.
3. Customer Responsibilities – for the purposes of providing these services, the customer agrees:
3.1. To provide Easy Internet Services Ltd with access to their website for uploading new pages and making relevant changes for the purpose of SEO services, or approval to do this through a third party. The scope of our technical changes is limited to standard PHP, CMS and Shopping Cart websites. The overall responsibility of making technical changes resides with the customer and where necessary the customer must ask their web designer or developer to action the recommended changes.
3.2. To authorise Easy Internet Services Ltd use of all the customer’s logos, trademarks, web site images, etc., for use in creating informational pages and any other uses as deemed necessary by Easy Internet Services Ltd for search engine positioning and optimisation.
3.3. That if the customer’s website(s) is light in textual content, the customer will provide requested relevant text content in electronic format for the purpose of improving website’s text to HTML ratio.
3.4. The customer agrees that optimisation is based on the keywords agreed between Easy Internet Services Ltd and the customer. The customer therefore acknowledges the importance of choosing and prioritising the keywords that the customer and Easy Internet Services Ltd wish to target.
3.5. The customer agrees that listings will appear within multiple search engines.
3.6. The customer agrees that where applicable, any time-sensitive guarantees commence once the order has been confirmed and payment cleared.
3.7. The customer agrees that where applicable, any guarantees are subject to Easy Internet Services Ltd having access to optimise the website, or if access is not allowed, all recommended changes must be carried out to the satisfaction of Easy Internet Services Ltd. Should the customer’s site be totally inaccessible, Easy Internet Services Ltd reserves the right to use advanced search engine positioning techniques to secure the necessary positions.
3.8. Once the customers’ website has been optimised, the customer agrees that they are responsible for ensuring the optimisation work carried out by Easy Internet Services Ltd is not overwritten by either the customer or any third party. In the event of this work being overwritten, Easy Internet Services Ltd reserves the right to withdraw any guarantees made at the outset.
3.9. The customer agrees in the event that the optimisation work is overwritten by either the customer or any third party to contact Easy Internet Services Ltd immediately. The customer agrees that Easy Internet Services Ltd may, at its discretion, apply an additional charge of at least £100 + VAT for the restoration and remedial work required. Easy Internet Services Ltd cannot accept any responsibility for loss of positions whilst this optimisation is not in place on the site.
3.10. In the event of the customer not being satisfied, they can cancel at any time (giving 30 days notice); refunds are discretionary. We can not guarantee the amount of traffic being generated to the site or level of sales.
3.11. The customer agrees that any decision regarding any re-optimisation made by Easy Internet Services Ltd will be final and agrees that no further action will be taken to challenge the decision.
3.12. Should the customer ask to add keywords that were not originally agreed upon, Easy Internet Services Ltd will agree on the acceptance from the customer that no guarantees will apply to the additional keywords.
3.13. Easy Internet Services Ltd agrees any guaranteed positions will be maintained throughout the tenure of the service.
3.14. The customer agrees that while Easy Internet Services Ltd endeavours to exceed any guarantees, positions achieved beyond the scope of any guarantees are not guaranteed to be maintained as part of the search engine marketing services.
3.15. The customer agrees that Easy Internet Services Ltd does not own or control the search engines or directories. The customer understands that should a search engine refuse to accept the customer’s website for inclusion, regardless of any fees paid for submission, a refund will not be taken against Easy Internet Services Ltd.
3.16. Due algorithm updates we no longer guarantee inbound links. Any methods used to obtain the links will be at the discretion of Easy Internet Services. These methods will not be detrimental to the customer, their site or business at the time of placement. However, Easy Internet Services Ltd cannot be held liable for links that were built in good faith but later deemed bad by the search engines.
3.17. Inbound links built by Easy Internet Services Ltd to customers websites are built in good faith and will not be disclosed to customers.
3.18. The customer agrees that neither party will be liable for, or will be considered to be in breach of or default under this agreement on account of, any delay or failure to perform as required by this agreement as a result of any causes or conditions that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimise the impact of the event.
3.19. The customer agrees that Easy Internet Services Ltd is not responsible for any functionality issues or problems with the customer’s website which may occur as a result of content updates made by Easy Internet Services Ltd on behalf of the customer. Any updates to content, including but not limited to any changes to text content recommended or written by Easy Internet Services Ltd, whether an additional payment has been made by the customer for the updates to be made by Easy Internet Services Ltd or not, are completed at the customer’s own risk.
3.20. The customer agrees that Easy Internet Services Ltd is not responsible for the maintenance of the customer’s website, including updates for any blog sections, plugins or additional features installed or changed by Easy Internet Services Ltd for the purposes of search engine marketing as included in the customer’s chosen package. Content management systems such as WordPress, plug-ins and other elements of customers’ websites may be updated and maintained by third parties, and as such Easy Internet Services Ltd cannot be held responsible for any issues that arise as a result of updates to these, or lack thereof. It is the responsibility of the customer to ensure their website and all associated plug-ins and features are kept up to date for the purposes of compatibility, security and performance.
3.21. The customer agrees to inform Easy Internet Services Ltd of any manual penalties issued against the customer’s website by any search engine, to the best of the customer’s knowledge. If a manual penalty is found to be affecting the organic search rankings of the customer’s website, and Easy Internet Services Ltd has not been made aware of this in writing, any guarantees offered regarding organic positions will be void. In any case, an additional charge may apply for any additional work required of Easy Internet Services Ltd to resolve the penalty issue.
4. Cancellation – If an agreement is stopped, paused or cancelled for non-payment, or lack of communication, or terminated by Easy Internet Services Ltd or the customer at any time, this will result in all ongoing work also being cancelled, including Google AdWords campaign management, social media management and any additional work unless otherwise stated.
4.1. In the unlikely event that you choose to end your contract with Easy Internet Services it is solely your responsibility to remove any access you have granted Easy Internet Services to, for example, your FTP details, your back office, Google accounts or services or any other accounts.
5. Indemnification – The customer shall indemnify and hold harmless Easy Internet Services Ltd (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Easy Internet Services Ltd as a result of any claim, judgement, or adjudication against Easy Internet Services Ltd related to or arising from:
(a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or any other material (whether written, graphic, sound, or otherwise) provided by the customer to Easy Internet Services Ltd (the “Customer Content”), or
(b) a claim that Easy Internet Services Ltd’s use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defence and payment, Easy Internet Services Ltd must: (i) give the customer prompt written notice of a claim; and (ii) allow the customer to control, and fully cooperate with the customer in, the defence and all related negotiations.
6. Limited Liability – In no event Easy Internet Services Ltd shall be liable to the customer for any indirect, exemplary or consequential damages. This to include any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability arising under this agreement. Loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. There shall be no refunds. Easy Internet Services Ltd makes no warranty of any kind in regards to above stated events, whether express or implied, with regard to any third party products, third party content or any software obtained from third parties.
7. Free Internet Hosting Account – Easy Internet Services Ltd agrees, upon request and if possible, to provide to the customer a free internet hosting account for one year.
7.1. The customer agrees to the Terms of Service of Easy Internet Solutions Ltd located at https://www.freevirtualservers.com/legal.
7.2. The customer agrees that the exact technical specification of the Free Internet Hosting Account is subject to change at the discretion of Easy Internet Services Ltd.
7.3. The customer agrees that, should the customer decide to end the search engine marketing services with Easy Internet Services Ltd, the customer will be subject to a hosting fee if they decide to continue the Internet Hosting Account.
7.4. The customer agrees that the Free Internet Hosting Account is only available for one (1) year after which the customer agrees to be subject to a hosting fee if the customer decides to continue the Internet Hosting Account.
8. The Data Protection Act (1998) – Easy Internet Services Ltd is registered under The Data Protection Act (1998). The customer agrees and consents, by agreeing to these Terms of Service, to have personal information stored for the purpose of processing said information in order to provide the services required by the customer. Easy Internet Services Ltd is bound by the Act to disclose any and all customer information to any law enforcement agent who makes a written request without further consent or notification to the customer.
8.1. Easy Internet Services Ltd may from time to time use your information for our own marketing purposes until such time as you ask us not to.
9. Service Rates – The customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the customer. The customer agrees that the Easy Internet Services Ltd may change the specified rates and charges from time to time. The specified rates and charges will remain to the customer for the duration of the current Tenure of Service and will not take effect until renewal of the search engine marketing services.
10. Payment – The customer agrees that establishment of search engine marketing services is dependent upon receipt by Easy Internet Services Ltd of payment of stated charges. Customers who choose an option which allows for payment to be made throughout the tenure of the service, either quarterly or monthly or yearly, agree to ensure that payments are received as requested throughout the Tenure of Service and understand that failure of payment will lead to all services with Easy Internet Services Ltd being suspended. Credit card payment methods on either a quarterly or monthly basis are automatically deducted from the customers’ credit or debit card on the appropriate scheduled dates via ‘Worldpay’ or ‘GoCardless’ once the customer has agreed either verbally or in writing to accept the order and terms and conditions. Acceptance by writing is agreeing to place the order and paying the initial set-up fee.
10.1. Customers can choose to pay by standing order, either monthly or quarterly. Any payment requests that fail may incur an additional £25 + VAT administration fee at the discretion of Easy Internet Services Ltd.
10.2. It is down to Easy Internet Services Ltd discretion on whether an additional charge of 2% is payable where a customer’s credit card fails due to the customer’s limits exceeding on their credit card.
11. Refund and Disputes – All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.
11.1. Easy Internet Services Ltd agrees to allow the customer to end their search engine marketing services at any time (subject to a 30 day notice period). The customer agrees that, should they choose to end their search engine marketing services, to forfeit all refunds. Any refund requested from the customer based on their own decision to leave will be entirely at the discretion of Easy Internet Services Ltd.
11.2. If the customer feels entitled to a refund under a guarantee then the customer agrees to make a written request which will then be considered.
11.3. The customer agrees that the method of refund will be at the discretion of Easy Internet Services Ltd.
11.4. The customer agrees that any decision regarding any refund made by Easy Internet Services Ltd will be final and agrees no further action will be taken to challenge the decision.
12. Customer agrees that the Rank 1 package is a strict time limited package and that time spent answering support requests can eat into the time allocated per month (45 minutes). These minutes cannot be rolled over each month.
12.1 Upon termination access to the Smart Marketing Toolkit can be maintained at £19.99 per month plus VAT.
12.2 Customer agrees that is no telephone support. All support request must be submitted via the help desk. Requests for telephone will result in additional charges at £40 per 30 minutes.
12.3 Customer agrees the first month payment covers the set up of the Smart Marketing Toolkit dashboard only as defined here – https://www.123ranking.co.uk/packages/rank-1
12.4 Customer agrees that it is their responsibility to let us know each month as to how they wish to use their allocated time.
13. Smart Marketing Toolkit is provided n an “AS IS” basis. You agree that we reserve the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, we will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
13.1 DISCLAIMER OF WARRANTIES (Smartmarketingtoolkit.com Users & Subscriptions)
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE (Smartmatrketingtoolkit.com) AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND Easy Internet Services EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Easy Internet Services MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE, WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER Easy Internet Services NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT Easy Internet Services WILL NOT BE HELD LIABLE IN anyway.
These Terms and Conditions will apply to any contract between us for the supply of our products and services. Please read these Terms and Conditions carefully before ordering any products or services from our site. These Terms and Conditions, and any Contract between us, are only in the English language.
These Terms and Conditions are effective from 01/07/2017.
1.1 In these Terms and Conditions:
a) Business Day means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
b) Charges means our charges for providing our products and services, including the Website Package;
c) Commencement Date has the meaning set out in Clause 5.3;
d) Component means each individual component of the Website Package as further described in Clause 4;
e) Congratulations E-mail/Congratulations Letter means a document or e-mail that we issue to you to confirm publication of your Website;
f) Contract means the contract between you and us for the supply of our products and services, including the Website Package;
g) Eligibility Criteria means the criteria set out in Clause 3, as may be amended by us from time to time, that you must meet and continue to meet in order to be eligible to purchase our products and services;
h) Initial Term has the meaning set out in Clause 5.4;
i) Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered which subsist or will subsist now or in the future in any part of the world and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
j) Website means the website that we will build and publish for you in accordance with these Terms and Conditions;
k) Website Content means any content, including any text, images, logos, videos or sound files that you provide to us for inclusion in the Website in accordance with these Terms and Conditions; and
l) Website Package means our website package as further described in Clause 4.
2. Information About Us and Contact Details
2.1 The Easy Internet Services is a company registered in England and Wales under number 4110571, whose registered office is at Studio 7, Phoenix Square, 7 Burton St, Leicester, Leicestershire, LE1 1TB.
2.2 You may contact us by telephoning our customer service team at 0333 332 6396 or by e-mailing us at email@example.com. If you wish to give us formal notice of any matter in accordance with these Terms and Conditions, please see Clause 13.
3. Eligibility Criteria
3.1 In order to enter into a Contract with us, you must:
a) be a business customer and not a consumer; and
b) have authority to bind any business on behalf of whom you use our site to purchase products and services.
3.2 By entering into a Contract, you confirm that you have authority to bind any business on behalf of whom you use our site to purchase products and services.
4. The Website Package and its Components
4.1 Our Website Package is made up of the following six Components:
a) a registered .co.uk domain name (Optional): As part of our service, we purchase, manage, renew and host domains on our third-party servers on your behalf until the termination or expiry of our Contract with you.
You will be the registered legal owner of the domain name. You may, at any time, transfer the domain name to an alternative hosting solution at no additional cost, providing that you have no outstanding debts to us. We are not responsible for any third party charges incurred by transferring a domain name to an alternative hosting solution.
If you wish to change your domain name (Optional), we will need to register a new domain name at a current cost of £10 per domain name registered for one year from the date of registration.
If you do not renew your Contract with us in accordance with Clause 5 following the expiry of the Initial Term, we will not pay any renewal fees in respect of that domain name and will allow the domain name to expire.
We are a Free Virtual Servers registrar. For further information on domain names, please see Free Virtual Servers terms and conditions available here: https://www.freevirtualservers.com/terms-of-service
b) up to five separate professional e-mail forwarders: The Website Package includes up to five separate, individual e-mail forwarders. E-mail forwarders are created, managed and renewed by us. E-mail forwarding services on your domain name are available only during the term of your Contract with us. We are not responsible for the content and material sent or received in your e-mail account(s). It is your responsibility to manage your own e-mail disclaimer;
c) full hosting and maintenance services: We will host your Website on third party servers. You acknowledge that hosting systems, servers and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside the control of us or our third party hosting service providers.
In the event of any faults or issues that affect our ability to provide any part of the Website Package, we will, as soon as reasonably practicable: (i) notify you of the problem by e-mail; and (ii) arrange for the rectification of such faults or issues and the restoration of our services to full operational capacity;
d) website creation and publication: Subject to receipt of the Website Content in accordance with Clause 7, we will build and publish your Website. We will send you a Congratulations E-mail or a Congratulations Letter to notify you of your Website’s publication;
e) listing of your Website: Your Website will be listed on the world’s top search engines including Google. Once your Website is listed we are not responsible for its ongoing promotion.
You acknowledge that the order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity; and
f) Website Content changes: Once published, your Website will be treated by us a fully functioning, completed work. However, you may make one change to the Website Content per month, subject to any amendment to our Website Content changes fair use policy.
5. Formation of the Contract and Duration
5.1 Where you make your order online, our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. Where you make your order by telephone, our operatives will guide you through the order process and will review your order with you before the process is concluded.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 5.3.
5.3 We will confirm our acceptance to you by e-mail. The Contract between us will only be formed when we send you our acceptance e-mail. The date on which our acceptance e-mail is sent will be the Commencement Date.
5.4 The Contract will remain in force for twelve (12) months from the Commencement Date (Initial Term), subject to its renewal in accordance with Clause 5.5 or its earlier termination in accordance with these Terms and Conditions.
5.5 Subject to its earlier termination in accordance with these Terms and Conditions, the Contract will automatically renew at the end of the Initial Term for a further period of twelve (12) months and shall continue to renew automatically thereafter for additional periods of twelve (12) months, each such additional period commencing on the anniversary of the Commencement Date.
5.6 We will notify you by e-mail fourteen (14) days in advance of such automatic renewal. If you do not wish to renew the Contract, you must tell us in writing that you wish to cancel prior to the renewal date, otherwise you will not be eligible to receive a refund.
6. Termination and Withdrawal
6.1. We may terminate all or part of the Contract with immediate effect by giving written notice to you if:
a) you commit a material breach of any of these Terms and Conditions which breach is irremediable or (if such breach is remediable) fail to remedy that breach within a period of fourteen (14) days after being notified in writing to do so;
b) you repeatedly breach any of these Terms and Conditions in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to these Terms and Conditions;
c) you cease or threaten to cease to carry on the whole or any part of your business or you are unable to pay your debts as they fall due;
d) you are a limited company and you convene a meeting of your creditors or a resolution is passed or proposed for your voluntary winding up or a petition for your compulsory winding up is presented or proposed; if you are a person, firm or a partnership, you, or any one of you, convene a meeting of your creditors or a resolution is passed or proposed for an individual voluntary arrangement for you or any one of you, or a petition for your, or any one of your, bankruptcy is presented or proposed;
e) an administrator, receiver, manager or supervisor of a composition or scheme is appointed or applied for by you;
f) you undergo a change in control (other than as a result of reorganisation, amalgamation or reconstruction without insolvency);
g) you are the subject of a receiving order in bankruptcy (or in Scotland are sequestrated or in Northern Ireland are adjudicated bankrupt) or suffer execution, distress, any form of diligence or seizure to be levied or effected on or against your premises, assets or effects; or
h) we suffer from any event or circumstance which is beyond our reasonable control or which we could not reasonably be expected to have taken into account at the Commencement Date and which results in or causes our failure to perform any or all of our obligations under the Contract.
6.3 We may withdraw any package product, or any promotional offer related to a package product, at any time without notice. Where we do so, we will honour any Contract for that package which has been formed prior to the date of the withdrawal.
6.4 You can terminate the service after one year by giving 30 days notice. If under a year, you can give 30 days notice but must pay any subscriptions due on your account that fall within the first year’s contract.
7. Website Content and Intellectual Property Rights
7.1 You must provide us with all Website Content by the agreed deadline through the fabsite.com support ticket system. We do not accept Website Content sent to us via post or facsimile.
7.2 You will retain all Intellectual Property Rights owned or licensed by you which are provided to us as part of the Website Content. We will retain all Intellectual Property Rights owned or licensed by us which are made available to you or used by us in the course of the provision by us of our products and services.
7.3 You must obtain permission to use any third party Intellectual Property Rights that you provide to us as part of the Website Content. By entering into the Contract, you warrant that you have the legal right to provide such Intellectual Property Rights to us for the purposes of the Contract. We reserve the right to request evidence that such permissions have been obtained.
7.4 You shall indemnify us from and against all claims, losses, damages, costs (including legal costs) expenses and liabilities arising out of or in connection with any actual or alleged infringement of any third party Intellectual Property Right relating to the performance of our obligations under the Contract, except where such infringement arises from information or other materials or services provided by us.
7.5 If you advertise or offer to sell goods or services via the Website, you undertake to provide goods in conformity with any description and warranties made and to comply with all applicable law, including relevant advertising and broadcast regulations, consumer credit legislation and Trade Descriptions Acts etc. If you are advertising goods in the course of a trade or business this must clearly be stated during the order process.
7.6 We may monitor your use of our products and services.
8. Charges and Payment
8.1 We will ask you to pay the total Charges for the Website Package on a monthly basis, in advance.
8.2 Charges are in Pounds Sterling (£).
8.3 You can pay for our products and services using the following methods:
a) credit or debit cards;
b) bank transfer; or
c) via our secure online payment pages.
We reserve the right to adjust the Charges at any time if the cost to us in providing products or services to you increases.
8.4 The web design service (Option 3 & 4) is provided in good faith in advance. As such, failure to make payment will automatically result in suspension of service.
9.1 We only supply our products and services for internal use by your business, and you agree not to use our products and services for any resale purposes.
9.2 Nothing in these Terms limits or excludes our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
d) defective products under the Consumer Protection Act 1987.
9.3 Subject to Clause 9.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a) any loss of profits, sales, business, or revenue, including but not limited to any loss of profit suffered by you: (i) as a result of the expiration of the domain name where the Contract expires or is terminated in accordance with these Terms and Conditions; (ii) as a result of the expiration of the domain name resulting from a technical fault or any other fault caused by any third party; (iii) as a result of our services not being fully operational; (iv) as a result of Google Local accounts not being verified by you; or (v) the removal of the Website where the Contract expires or is terminated in accordance with these Terms and Conditions;
b) loss or corruption of data, information or software;
c) loss of anticipated savings, or
d) loss of goodwill.
9.4 Subject to Clause 9.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any indirect or consequential loss.
9.5 Subject to Clause 9.2, we will under no circumstances whatever be liable to you or to any third parties, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract in respect of the Website Content.
9.6 Subject to Clauses 9.2 – 9.5 inclusive, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total annual price of the Website Package provided to you.
9.7 Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to our products or services. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that our products and services are suitable for your purposes.
10. Customer Service
10.1 You will receive instant e-mail acknowledgement of any customer service request made via our contact address firstname.lastname@example.org.
10.2 We will endeavor to respond to all customer service requests within 24 hours. Where this is not possible, we will endeavor to respond within a maximum of 5 days.
10.3 We will use reasonable endeavours to finally resolve any customer service requests within 48 hours of sending our first response in accordance with Clause 10.2.
11.1 A complaint is any expression of dissatisfaction, whether justified or not, about any aspect of our products or services. We view complaints as an opportunity to learn and improve for the future, as well as a chance to put things right for you. We therefore:
a) provide a fair complaints procedure which is clear and easy to use for anyone wishing to make a complaint;
b) publicise the existence of our complaints procedure so that people know how to make a complaint;
c) ensure that our staff know what to do if a complaint is received;
d) ensure that all complaints are investigated fairly and in a timely way, and
e) gather information which helps us to improve the way we carry out our business.
11.2 Please send all complaints at email@example.com (UK Operations) or visit our contact page: https://www.fabsite.com/#contact. You should expect to receive a response within 24 hours. Where this is not possible, we will endeavour to respond within a maximum of 5 days.
11.3 For any abuse complaints (phishing scams, spam e-mails etc.) please send all complaints at firstname.lastname@example.org (UK Operations).You should expect to receive a response within 24 hours. Where this is not possible, we will endeavour to respond within a maximum of 5 days.
11.4 For complaints relating to domains administered by Free Virtual Servers, you may make a formal complaint about a registrar to Free Virtual Servers (the UK registry) here: https://www.freevirtualservers.com/complaints. For any other TLD complaints, you may contact the relevant registry.
12. Changes to these Terms and Conditions
12.1 We may change these Terms and Conditions at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by the Fabsite.
12.2 Every time you order products or services from us or renew your agreement, the Terms and Conditions in force at the time of your order or renewal, as applicable, will apply to the Contract between you and us.
13.1 Any reference in these Terms and Conditions, to “in writing” shall include e-mail.
13.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
13.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
13.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.5 The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.
14. Entire Agreement
14.3 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
15. Third Party Rights
15.1 A Contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
17.1 Each of the Clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Clauses will remain in full force and effect.
18.1 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19. Governing Law and Jurisdiction
19.1 A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
19.2 We both irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).