Designmysites–General Terms of use and Conditions

 

Terms and conditions The following terms and conditions apply to the Contract (see definition below) and each future request for the supply of Services, Data received by the Company from the Client (see definition below) from time to time unless otherwise agreed in writing.

 

The communication or a request by the Client to the Company for the supply of Services and Data shall amount to the Client’s acceptance of these terms. These terms shall take precedence over any terms and conditions of the Client, whether attached to, enclose with or referred to in any purchase order of the Client or elsewhere. They may not be varied except by written agreement between the Company and the Client.

    1. Nomenclature
        Definitions In these terms and conditions, the following words shall have the meanings given in this clause:

      • ‘Company’ means Designmysites. of 67 Wylye Road, Warminster, United Kingdom, BA12 9PU
      • ‘Client’ means the person, firm or company described as such in the Schedule hereto;
      • Website or Site will hence be referred to as https://designmysites.co.uk/
      • ‘Contract’ or ‘Order Confirmation’ means the contract herein and the Schedules hereto and concluded by either the Client signing the Contract/Order Confirmation and returning it to the Company to deliver the Services/Data as required;
      • ‘Rights’ means all copyright and related rights, patents, rights in trademarks, database rights and any other intellectual property rights in or relating to the Services provided.
      • ‘Output’ means delivery of Services/Data as outlined in the Order Confirmation;
      • ‘End User’ means the Client/Company that has accepted/taken delivery of the Services/Data.

The Company’s obligations; The Company will use its reasonable care and skill in the supply to the Client of the Services/Data and any other requirements identified.

    1. Usage rights

All contents and data present in this website is the exclusive property of Designmysites.co.uk

      •  The software, text, images, graphics, video and audio used on this site belongs to Designmysites. No material from this site shall be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from the Company. All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.
      • Designmysites shall have no responsibility for any damage to User`s computer system, mobile or electronic device or loss of data that results from the download of any content, data, materials, information from the Website.
      • Company reserves the right to modify the website information, company details and our policy in a timely manner. To follow these changes please stay connected with us through website, mail, phone or social media.
    1. Hosting

Company will not be responsible if the host and domain provider has any technical or server related issues. Company is not liable to the files or data stored in the server be inaccessible or if the host or domain provider decides to terminate the account of the client. Client must refer to the concerned web hosting Company for details and Designmysites will help in the process.

    1. Unlimited Hosting

Designmysites does NOT provide unlimited space for online storage, backups, email or archiving of any electronic files, documents, log files, media etc., and any such prohibited use of the Services will result in the termination of Client’s account, with or without notice. Accounts with a large number of files can have an adverse affect on the server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB of total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) can negatively affect the performance of the server. Company may request that the number of files/data, database tables, or total database usage be reduced to ensure proper performance or may terminate the Client’s account, with or without any notice. Hosting accounts cannot be used for the email storage space.

    1. Security Issues
      • Designmysites will not entertain any of its services or data to be used for any illegal activities. These includes: spam, unsolicited commercial email, warez hosting, piracy, phishing and hacking related activities. Designmysites will remain as the sole arbiter in what constitutes any of these activities. The participation in any of these activities will result in immediate termination of the contract without any refund. Designmysites may also involve law enforcement authorities if we deem necessary.
      • If Designmysites discovers child pornography or illegal activities on any of the services provided to You, then your account and services provided will be terminated at-once without any refund. Your personal details will also be passed on to the law enforcement agencies and Company will cooperate with law enforcement agencies with any criminal cases if required to do so.
      • Designmysites shall not be responsible for any malware, trojan, adware, viruses etc. malicious files or softwares be propagated by the User or using them in the Services provided. If the client is found infecting others with any malicious files or softwares then Designmysites has the sole authority to terminate the contract and inform the law agencies concerned.
      • Designmysites does not permit any kind of hacking, denial of service, distributed denial of service, sniffing, spoofing, password cracking or similar malicious activities to be performed on or by it`s services or data. Designmysites will remain as the sole arbiter in any of these activities.Designmysites will terminate the deal immediately and without any refund. Company may also inform the law enforcement agencies and may provide your details to them.
    2. General Conditions

Use of the Internet is solely at User’s own risk and is subject to all applicable provincial, national and international laws and regulations. Neither Designmysites nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
The Company is not liable for any breach of this Contract caused by matters beyond its reasonable control including acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (if involving the Company’s employees, whether of exceptional severity, unavoidable hardware or software failures, or acts of local or central Government or other authorities.
Designmysites makes no warranty that:

      • the Site will meet all your requirements in the given period;
      • the Site will be available on an uninterrupted, timely, secure, or error-free basis;
      • the results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable.
    1. Third party sites

Designmysites may contain links to other third party websites or links. If the user clicks or visits on any of those then Designmysites is not responsible for any loss of data or other valuables of the User or your computer system. And the Company is not liable to any actions thereof.

    1. Licence and Data Supply
      • The Term of this Agreement shall commence on the Effective Date and shall continue until notice is given, either party has to give the other party no less than thirty (30) days prior written notice of termination, without cause,
      • Contract/Order is completed and accepted
      • one (1) year from the date of the Agreement or
      • either party is or becomes incapacitated, bankrupt, insolvent, guilty of a felony or crime of similar gravity.

The Usage Terms for the Data shall be for one time only unless stated otherwise in the Order Confirmation.
The Licence Terms for use of Postal, Email or SMS Contact Channels permit the despatch by End User of one Mailing Piece/Creative to each Name supplied, unless otherwise agreed on the Order Confirmation.
The Licence Terms for use of Landline Telephone or Mobile Telephone Contact Channels permit a single contact to be made by End User through telephony to everyone whose contact details are provided.
The data protection terms for our services are covered under the GDPR Regulations;
GDPR Regulation Recital 47

      • All Proof of consent is kept on file for as long as data is held for evidence of the original consent. All consumers are given a clear opt out route.
      • The End User Licence is terminated immediately once the Data has been used to the extent hereby licensed, the client accepts that the data is being licensed (rental) for 30 days max or one-time use. The Client accepts that Data may contain gone away, deceased’s, dead and wrong numbers, Email bounce back and inaccuracies. The Client accepts that no guarantees are offered for response, contact or open rates, click-trough’s or deliver ability through any Contact Channel in respect of Company.
      • The Company shall not be liable in any way in respect of any failure, delay or defect in the supply or use of the Services/Data caused by the supply or specification by the Client of unsuitable material or content or by the duplication of the Services/Data by a third-party; and
      • The Company will not be liable to the Client for economic loss including loss of profits, business, contracts, revenues, goodwill, production errors or delays and anticipated savings of any description howsoever caused and even if foreseeable by the Company. All warranties, conditions and other terms implied by statute, common law or otherwise are hereby excluded from the Contract fully permitted by law.
    1. Waiver

No waiver by the Company of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.

    1. Refunds
        Different services has different refund policy and duration. All the refund related work will be initiated within 10-15 working days. Any kind of delay in this matter may happen only because of any technical difficulties.
      • The company will not be obliged to offer refunds on any of the following:

      • Non-delivery of the product: due to some mailing issues of your e-mail provider or your own mail server you might not receive a delivery e-mail from us. In this case, we recommend contacting us for assistance. Claims for non-delivery must be submitted to our Billing department in writing within 7 days from the order placing date. Otherwise the product will be considered received and downloaded.
      • Clients return of investment for the Services purchased is not what they expected.
      • Ordering the incorrect selection of Services or data.
      • Company is not liable to any refund if the Client is found involved in any illegal or terrorist activities and is wanted by the law agencies.
    1. Company’s status

The Company acts in this Contract/Order Confirmation as principal and not as an agent for the Client and will enter all related Contract/Order Confirmation as a principal.

    1. Confidential information

Neither party shall divulge any confidential information which is supplied to it about the other party during this Contract or any pre-Contract discussions, other than information forming part of the public domain otherwise than through a breach of this clause or any other obligation of confidence.

    1. Termination

The party may by notice in writing to the other terminate this Contract/Order Confirmation forthwith upon the happening of one or more of the following events:

      • If the Client shall fail to make any payment due under their Contract within 14 days after the due date; or
      • To remedy any other breach within 30 days after being required to do so in writing;
      • If the Contract is terminated due to a failure to pay the Company will give notice that it wishes to terminate the order. All future ‘Outputs’ that fall due between the termination notice being given and the termination date will be sent as agreed and payment will be expected on 14 days.

The Company reserves the right to seek legal action to 12.3 if the Contract is terminated due to a failure to pay the Company will give notice that it wishes to terminate the order. All future ‘Outputs’ that fall due between the termination notice being given and the termination date will be sent as agreed and payment will be expected on 14 days. The Company reserves the right to seek legal action to recover these payments if not paid within the set payment terms.

    1. Agreement

This is the entire agreement between the parties on the subject matter contained herein and supersedes all representations, communications and prior agreements between the parties in that regard. Each party acknowledges that it has accepted this Contract/Order Confirmation in reliance only on the representations, warranties, promises and terms contained or expressly referred to in these terms and conditions and, save as expressly set out in these terms and conditions, neither party shall have any liability in respect of any other representation, warranty or promise unless it was made fraudulently

    1. Severance

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part of the validity of any other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

    1. Waiver

No waiver by the Company of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.

    1. Service of notices

Any written notice required by this Contract should be sent to the address of the intended recipient shown overleaf or via email to the relevant account manager/contact. 18. Governing law and jurisdiction This Contract and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with English law and each of the parties irrevocable submits to the non-exclusive jurisdiction of the courts of England and Wales. The foregoing terms and conditions are agreed to and accepted in relation to the attached Contract/Order Confirmation.