Terms & Conditions
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. Age Condition You certify that by purchasing any of our products from this website that you are 18 years or older.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on the Websites Village web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Websites Village web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Websites Village at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the Websites Village web site are provided “as is”. Websites Village makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Websites Village does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Websites Village or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Websites Village. Internet site, even if Websites Village or a Websites Village authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
4. Revisions and Errata
The materials appearing on the Websites Village web site could include technical, typographical, or photographic errors. Websites Village does not warrant that any of the materials on its web site are accurate, complete, or current. Websites Village may make changes to the materials contained on its web site at any time without notice. Websites Village does not, however, make any commitment to update the materials.
Websites Village has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Websites Village of the site. Use of any such linked web site is at the user’s own risk.
7. Supply of Services
7.1 We agree to supply the Services to You in accordance with the terms set out in this Agreement.
7.2 We will endeavour to supply the Services to You as soon as reasonably practicable and in the event that we become aware of any reason for delay we shall notify you.
8. Duration and Renewal of Services
8.1 Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in accordance with Clause 10 below will automatically be renewed for the billing period You chose on sign up.
9.1 When entering into this Agreement as a customer (not in the course of conducting business) the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”) applies. In accordance with the Regulations we must not commence the supply of our Services to You for a period ending 14 days after your order is accepted by Us, unless You expressly agree for Us to commence service sooner.
9.2 Please note that by signing up for our Services You expressly agree to us commencing supply of your Services before the cancellation period has expired. As a result, You will not have the right to cancel this Agreement under the Regulations.
9.3 For the avoidance of doubt, if You use the Services in the course of business, You will be treated as a non-consumer and statutory consumer protection will not apply to this Agreement.
9.4 You are entitled to cancel the Services by contacting Us no less than 1 working day prior to the renewal date for your Services. Any request to cancel the Services will be actioned at the end of the current billing period. Once we accept your cancellation request You will be provided with written confirmation of cancellation. Cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to You.
9.5 We reserve the right to cancel and/or suspend the Services at any time without prior notice if You breach any of the terms of this Agreement.
10.1 Payment in respect of all Services is on demand.
10.2 We will generate an invoice in respect of the next period unless the Services have been cancelled in accordance with clause 10 above. All invoices are delivered electronically. You are responsible for checking receipt of all invoices. No hard copy invoices will be sent by post.
10.3 Payment will be taken automatically following delivery of your invoice and will be non-refundable. In the event that any automatic payment should fail, the invoice will be considered overdue and immediately payable.
10.4 We reserve the right to change the prices and/or nature of our Services by giving You 30 days written notice of those changes. Notice of changes to prices and/or Services will be given by email to the email address we hold for your account. Any price change will take effect automatically upon a renewal of the Agreement.
10.5 All payments must be made in UK pounds sterling, inclusive of applicable taxes. Payments can only be made by a valid Credit/Debit Card, Direct Debit, BACS or through Paypal.
10.6 You warrant that You are authorised to use your chosen method of payment. If You are not the named cardholder, You acknowledge that You and the named cardholder both agree to be bound by the terms of this Agreement and are jointly and severally liable for all payments under this Agreement. You agree to indemnify and hold Us harmless in the event that the cardholder or issuer declines any payments to Us including all of our costs in administering your non-payment and obtaining the payment due to Us by You.
10.7 We reserve the right to suspend all Services until payment is received in full and all outstanding charges are cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money owed to Us under the terms of this Agreement until it is terminated. You are also responsible for any additional costs incurred by Us in taking steps to recover any sums due by You.
10.8 You will pay any Additional Charges as may be required from time to time by Us for reactivation of the Services due to disconnection.
11.9 You are required to provide Us with valid contact details and a valid payment method at all times during the term of this Agreement. If any of this information is found to be invalid, we reserve the right to suspend access to your account.
10.10 If your chosen payment method is cancelled or changed for any reason then You must notify Us immediately and provide Us with details of an alternative payment method.
10.11 Payments processed by third parties are also subject to those third parties’ terms and conditions of service and we make no representations and provide no warranties with respect to those third party services.
10.12 You shall not be entitled to set off a credit against any amount owed to Us pursuant to the Agreement.
10.13 If You fail to pay all sums due to Us, we reserve the right to interrupt, suspend or cancel your Services. Such action is without prejudice to our right to recover any and all outstanding sums from You and your obligation to pay the same to Us.
10.14 We reserve the right to pass your debt onto a third party debt recovery agent and You accept all liability for the recovery of our costs from You.
If You withdraw any payments made via a bank, credit card or third party payment method (a “chargeback”), we reserve the right to interrupt, suspend or cancel your Services and/or charge a fee. Such action is without prejudice to our right to recover any and all outstanding sums from You and your obligation to pay the same to Us.
Our refund policy varies between the types of service we offer, principally between Bespoke website design and our Business Ready website range. In the event that Services are suspended temporarily or that any features, applications, scripts or programs are deactivated in order to ensure the stable operation and integrity of the Services You will not be entitled to a refund. Contact us if you have any queries regarding our refund policy.
As per our web design terms and conditions, if you cancel a contracted project at any point after the work commences, you will be liable for all work charges incurred upto the cancellation point. Once you agree for a site to go live on the internet, then you are agreeing that you are fully satisfied with the work and no future refunds can be given for the fees paid. Business Ready Websites – Refund Policy We are so confident that you will be delighted with your Business Ready website that we are happy to refund in full your basic payment, providing we receive your request in writing (via email or post), within 7 days of the order being placed and payment received. Any additional un-recoverable costs we have incurred, over and above the basic installation, will be subtracted from the basic payment when the refund is made. An example of an un-recoverable cost would be if you had asked us to purchase images on your behalf. In order to request a refund please contact us (via email or post) giving the following details; • Your Name • Customer Number • Order Number • Date of Order Placement
We would also be grateful if you could let us know the reason for your refund request, as we are always looking to improve our products and our customer service.
We will process the refund within 7 days of the request being received.
Bespoke Website Design – Refund Policy.
Our refund policy for bespoke website design services, differs from that for the Business Ready website range and reflects the differing way we charge for this service.
The following are the types of charges we make for our bespoke website design services and these vary depending on the extent and complexity of client requirements;
Consultation Fee – via phone – Free.
Consultation Fee – Face-to-Face meeting – Free/li>
Initial Deposit – after requirements agreed – 50% of quoted charge.
Second Payment – after mockups agreed – 25% of quoted charge.
Final Payment – after completed website delivered – full outstanding balance.
As all of the above charges are intended to reflect work carried out by ourselves, none of the above charges, for our bespoke website design services, are refundable, once paid. However, the client can request that no further work takes place and will not be liable for any further charges. These refunds policies do not affect your statutory rights.
13. Appropriate use of the Services
13.1 We reserve the right to refuse to provide any and all Services or access to our servers at any time at our discretion.
13.2 We do not allow any content to be stored on our servers which contravenes our Acceptable Use Policy. We reserve the right to; remove such content, suspend and/or cancel the Services immediately if we consider that such content breaches the Acceptable Use Policy.
13.3 You accept that your use of a web hosting package with unlimited web space shall be subject to the terms of the Acceptable Use Policy and You warrant that You will comply with this policy.
13.4 Packages with unlimited web space are initially configured with 50 GB of available web space. The available web space capacity for unlimited web space will be checked once daily and, in the event the customer’s usage approaches the limits of the available web space, Websites Village will increase the webspace configuration automatically in increments of 20 gigabytes at no further cost to the customer, but no more than once per day.
Websites Village reserves the right to move customers to servers which are more suited for that customer’s usage, in Websites Village ‘s sole discretion, and the customer agrees and understands that during any such move some or all of the Websites Village services may be unavailable or inaccessible. Packages with unlimited mail space are initially configured with 50 GB of available mail space per mailbox. In the event that the customer’s usage approaches the limits of the available mail space, Websites Village will increase the mail space configuration in increments of 5 gigabyte at no further cost to the customer, but no more than once per day. To get your mail space increased please contact the Websites Village technical support.
13.5 We shall notify You if we become aware of any alleged breach by You of the Acceptable Use Policy.
13.6 We reserve the right to move your data to a different server without prior notice to You or any third parties.
13.7 Should Your use of the Services result in an overly high load on Our systems, then we may suspend Your account at our sole discretion until the cause of any such overload (legitimate or otherwise) is determined.
13.8 You shall indemnify Us against all damages, losses and expenses arising as a result of any action or claim relating to any breach of this Agreement by You.
13.9 In the event that we remove your data or content and/or suspend all or any Services and later reinstate such content and/or resumes the Services, You shall indemnify Us against all damages, losses and expenses arising as a result of any action or claim arising out of your breach of the Acceptable Use Policy.
13.10. Scheduled maintenance.
13.11 We will provide the Services to You using reasonable skill and care but at all times this will be subject to any downtime caused by scheduled or emergency maintenance or repair. We will use our best endeavours to ensure that any disruption to the Services is minimal and any scheduled work takes place during off-peak hours when possible. We will not be liable to You or any third party for losses whatsoever caused by any such downtime; whether emergency or scheduled.
13.12 We reserve the right to deactivate individual features, applications, scripts or programs as necessary in the interests of technical progress, security, availability of technical support on the provider or manufacturer side, to ensure the stable operation and integrity of the Our systems or in order to comply with Our responsibility to provide technically up-to-date solutions.
13.13 We shall take reasonable steps to ensure that any deactivation of individual features, applications, scripts or programs will not result in changes to a core function of the Services we provide You and to offer technical alternatives (including upgrades and updated versions of software) as and when such alternatives become available.
13.14 In the event that such changes result in changes to a core function of the Services we provide You and no viable alternative is available, You will be entitled to a pro-rated refund in accordance with Clause 13 above.
14. Third Party Users
14.1 All Services provided by Us to You are intended for your use only. You agree that any decision to resell, store or give away any of the Services to third parties is undertaken on the basis that You accept sole responsibility for ensuring compliance with this Agreement and the terms and conditions relevant to any chosen Services by third parties. You agree to indemnify and hold Us harmless against any losses caused or damage suffered as a result of a breach by any third parties.
14.2 We accept no liability to You or any third parties for losses arising from third party use of your Services as set out above.
Where a Service is not provided with unlimited usage as standard, you will be liable to pay any charges incurred by exceeding the agreed data use limits in relation to those Services. Any additional charges will be at the rate set out in your original package.
16. Your personal details
16.1 You warrant that the contact information You provide to Us is correct, and that You will update this information immediately, as required from time to time. You agree that we may suspend access to your account and the Services if we reasonably believe that the information You have supplied is inaccurate.
16.2 You accept that if your account is paid for by another party, who has agreed to be bound by the terms of this Agreement that party and who has access to your account password, we may discuss your account with that party and take instructions from them in relation to the account.
16.3 We reserve the right to email You with information about product offerings we believe may be of interest to You from time to time. You may unsubscribe from marketing communications at any time.
17. Disclaimers and Warranties
17.1 We do not back up your data for data recovery purposes and whilst we will use our commercial endeavours to assist You in the event of data loss arising out of hardware failure, we do not guarantee we will be able to replace lost data. It is your sole responsibility to ensure your data is backed up for data recovery purposes.
17.2 The Services are provided on an “as is” basis. We do not warrant or represent that any Services will be uninterrupted or error-free. You accept that all Services are provided warranty-free.
17.3 Insofar as permitted by law, and with particular regard to the rights of business customers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to the Services to the fullest extent permitted by law.
18.1 We shall not be liable for any loss or damage of any nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
18.2 We will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
18.3 No matter how many claims are made and whatever the basis of such claims, our maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the specific Services in relation to which Your claim arises during the 6 month period prior to such claim.
19. Force Majeure
We shall not be responsible for any failure to provide any Services or perform any obligation under this Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether our employees or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond our reasonable control.
Our failure to require You to perform any of your obligations under this Agreement shall not affect our right to require such performance at any time in the future and nor shall the waiver by Us of a breach of any provision be taken or held to be a waiver of the provision.
The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither we nor You shall be liable to one another for damages of any sort resulting solely from terminating this Agreement in accordance with its terms.
You agree that any notice or communications required or permitted to be delivered under this Agreement by Us to You shall be deemed to have been given if delivered by email, in accordance with the contact information You have provided.
23. Intellectual Property Rights
You accept that all Intellectual Property Rights belonging to Us shall at all times during this Agreement remain vested in Websites Village.
24. Legal Fees
If any legal action or proceedings, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is commenced by either You or Us, the prevailing party shall be entitled to recover reasonable legal fees, costs and disbursements from the other party, in addition to any other relief to which the prevailing party may be entitled.
25. Governing Law
Any claim relating to the Websites Village web site shall be governed by the laws of the UK without regard to its conflict of law provisions.
26. Amendment in Writing