TERMS AND CONDITIONS
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.
- 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 Phoenix Square 4 Midland St, Leicester, Leicestershire, LE1 1TG.
2.2 You may contact us by telephoning our customer service team at 0333 332 6396 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms and Conditions, please see Clause 13.
- 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.
- 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 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.
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.
f) Website Content changes: Once published, your Website will be treated by us a fully functioning, completed work. However, on paid services we may only make one basic change to the Website Content 15 minutes per month, subject to any amendment to our Website Content changes fair use policy. Unused 15 minutes does not roll over to the next month.
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.
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.
- 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.
- WEBSITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
7.1 You must provide us with all Website Content by the agreed deadline through our client area. We do not accept Website Content sent to us via post.
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 will have no entitlement to the website until 12 months of payment has been made.
7.4 Your site will no longer be active if the renewal payments after 12 months have not been made.
7.5 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.
7.6 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.
7.7 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.
7.8 We may monitor your use of our products and services.
- 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;
e) any changes made by you to the website or its content.
f) any unsecure payments set up by you on your ecommerce website, or
g) any loss of money caused by those online payments.
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.
- CUSTOMER SERVICE
10.1 You will receive instant email acknowledgement of any customer service request made via our contact address email@example.com.
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 firstname.lastname@example.org (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 endeavor 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 email@example.com (UK Operations).You should expect to receive a response within 24 hours. Where this is not possible, we will endeavor to respond within a maximum of 5 days.
- 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.
- 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.
- 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.
- 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).
- ILLEGAL MATERIAL & ADULT SITES
20.1 Fabsite.com will not tolerate any illegal material. Our termination of services process will be followed in any case of illegal material.
20.2 Fabsite.com does not accept adult websites.
20.3 Fabsite.com does not accept what we deem to be immoral content.
- FABSITE USE OF YOUR BUSINESS
21.1 Fabsite.com has full rights of using any client testimonial, images of your site and content on our marketing material to promote our services unless we have upfront instructions from the customer to opt-out of being used for marketing material.
21.2 If you are a free user we will also place a link at the bottom of your website with marketing text to advertise our services.