SiteBuilder is a web-product designed business use only, and not for consumers or individuals under 18 years of age.
To help you know more about our company we have provided the following information:
"Acceptance" means an Electronic Communication from us accepting your order;
"AUP" means our Acceptable Use Policy which governs your use of the Website and the private areas of the SiteBuilder Website, as may be varied in accordance with Condition 4.5
"Additional Services" means any additional services to enhance the functionality of the Website or otherwise facilitate its creation and use and which we will list on our Site Builder Website from time to time. Unless we advise you to the contrary, these services will be provided to you by a third party.
"Conditions" means these standard terms and conditions of the supply of services and includes any special terms and conditions agreed between us by Electronic Communication
"Contract" means any contract between us for the supply of a Website and/or any Additional Services
"Electronic Communication" includes fax, e-mail and comparable means of communication
"Materials" means the templates and software tools and legal and other documentation we license to customers to enable them to create a Website
"Services" means the hosting of the Website and any Additional Services
"SiteBuilder Website" means our web site at http://www.startwiththis.com
"Website" means a website you create via our SiteBuilder Website using our Materials and your own content.
2. The rights we give you
2.2 On making a Contract with you (see Condition 3 below) we shall grant to you a non-exclusive licence to use our Site Builder Website and our Materials and shall supply to you the Services you specify when you build your Website, all for the duration of the Contract.
2.3 You may upgrade the specification of your Website or ask us to supply Additional Services at any time after the Contract, but you will have to pay us for upgrades and Additional Services.
3. How you conclude a Contract with us
3.2 We will display certain variable information which you need to see before you place an order, such as current prices of a Website and the Services, as well as the range of Additional Services available, on our Site Builder Website.
3.4 You will also be responsible to us for completing the order form and giving us any other necessary information in sufficient time to enable us to fulfil your order and comply with these Conditions.
3.5 When you have completed the order form, you will be shown a copy of your order. You may correct any errors and omissions on this order and re-submit it to us, and also download it or print it out. It is your responsibility to check the order carefully to identify any errors and to correct them prior to placing the order.
3.6 You should receive an acknowledgement from Worldpay Limited, or such other payment processor as we may use from time to time, advising you whether or not your credit or debit card payment has been accepted. This acknowledgment relates to your payment only and not to our acceptance of your order.
3.7 You agree you do not require us to acknowledge receipt of your order separately.
3.9 You may only cancel an order that we have accepted in the circumstances set out in Condition 11 below.
4. Other information about the Contract
4.2 These Conditions shall take precedence over and exclude any other terms and conditions.
4.3 You may not vary these Conditions unless we agree to do so in writing.
4.4 We may correct any errors or omission in any part of our Site Builder Website or restore any part of our Site Builder Website which has been altered without your consent or in any printed documentation we issue to you without responsibility to you.
4.5 We may update or change these Conditions from time to time. You should therefore take the opportunity to check through them every time you place an order with us through our Site Builder Website or ask us to upgrade the Services.
4.7 We can only conclude the Contract with you in English, and not in any other language.
4.8 If you are a consumer then your statutory rights are not affected by these Conditions.
5. Restrictions on the Website
5.1 The specification for the Website shall be as created by you using our Materials and the Services with the restrictions set out in your accepted order.
5.2 You acknowledge that the copyright and any other intellectual property rights in the Materials you use in the creation of the Website remain with us or our licensors, and may not be used by you for any purpose other than the creation of the Website. For example, you may not pass on the Materials to third parties.
5.3 For technical reasons we do not permit you to incorporate certain file formats on your Website. We will inform you of the possible choices of files on the Site Builder Website.
5.4 When you build the Website, you will be invited to download certain applets. It is your responsibility to ensure you comply with the terms of any licence to use the applets and to check them for viruses.
5.5 Your use of the Website is subject to the terms of our AUP.
6. Price of the Website and Additional Services and Payment
6.1 The price of the Website including its hosting and any Additional Services will be calculated in pounds sterling, Euros or U.S. Dollars or such other currency as is taken by us at our discretion and will be shown to you on our Site Builder Website at the bottom of your accepted order form.
6.2 The price on the order form will include Value Added Tax ("VAT") if applicable.
6.3 Subject to our obligation to supply the Website and Services at the price stated in accepted orders we reserve the right to increase the list prices of a Website and Services at any time and to change the range of Additional Services available at any time. We will give you thirty (30) days notice of any increase.
6.4 When you place an order you will be asked to pay by credit or debit card or such other method as we may offer from time to time.
6.5 Subject to Condition 6.4 above you shall pay us in full for any amount due immediately when you submit your order to us, and on the due date for any instalments. Confirmation and a VAT invoice will be provided.
6.6 If you fail to make any payment on the due date then, in addition to any other right or remedy available to us, we shall be entitled to:
6.6.1 cancel the Contract or suspend the performance of any further services; and
6.6.2 take any payment made by against such of the services as we may think fit; and
6.6.3 exercise our statutory right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and subsidiary legislation as amended from time to time or at the flat rate of 15% whichever is higher together with compensation for debt recovery costs.
7. Our responsibilities
7.1 We will make every reasonable effort to ensure that Materials we license to you will be of satisfactory quality and that we exercise reasonable care and skill in relation to any Services we provide.
7.2 If either:
7.2.1 you discover a defect in the quality of the Materials or Services we have provided (in which case you must tell us as soon as possible after discovering it); or
7.2.2 a third party claims that that our Materials or our Services infringe that third party's intellectual property rights then in either case we shall be entitled to replace the Materials (or the part in question) or re-supply the Services free of charge or, at our discretion, refund to you the price of the Website (or a proportionate part of the price) or the Services, or give you an electronic voucher to same value, but we are not responsible to you in any other way. In particular, we shall not be responsible for any defects or intellectual property rights claims arising from your customisation of the Website or other instructions.
7.3 Our responsibility for hosting your Website (including data protection requirements) and for any Additional Services is set out in Condition 8 and 9 below.
7.4 In the event that we incur any other liability to you, that liability will be limited in accordance with Condition 10.
8.1 Where we host the Website ourselves on our own server then Conditions 8.2 to 8.10 shall apply. Where we arrange for a third party host the Website Condition 8.11 shall apply. Conditions 8.12 and 8.13 shall apply in both cases.
Where we host your Website
8.2 We shall host the Website on a server we own or operate subject to any limits set out in your accepted order.
8.3 You acknowledge and undertake to be solely responsible for compliance with our AUP.
8.4 You acknowledge that the hosting we provide to you is on an "as-is", "as-available" basis and although we will use reasonable endeavours to maintain a 24 hour Internet presence for you and keep downtime to a minimum, we cannot control the timing or volume of attempts to access our servers nor can we give any guarantee that you or any third party will have continuous and uninterrupted use and access to the Website.
8.5 You acknowledge that we have the right but not the obligation to inspect the content of the Website to ascertain compliance with the Contract or any applicable laws, regulations, codes or Internet etiquette including our AUP.
8.6 It is your responsibility to keep full and regular backups of your current Website and to ensure that it is possible to restore your Website from those backups.
8.7 In the event of any breach or purported breach of Condition 8.5 which results in the threat of (or actual) prosecution or litigation you agree we shall be entitled to disclose all information we hold about you and any information contained on our web servers to any law enforcement agency or other third party, when we consider it to be in their legitimate interests to do so.
8.8 You acknowledge that we may be required by a law enforcement agency or other relevant authority to monitor the Website content and traffic (including but not limited to email) and to supply the data we collect to that body without notification to you.
8.9 You acknowledge that you (and not we) will be responsible for your own and your users' non-compliance with all applicable laws and regulations, codes and Internet etiquette. You will be fully responsible for all loss, damages, costs and expenses awarded against or incurred by us which arise because of your own or your users' non-compliance.
8.10 We acknowledge that in relation to any "personal data" (as defined in the Data Protection Act 1998) you store on the Website, you are the "data controller" and we are the "data processor" (both as defined in that Act). We will arrange certain technical and organisational security measures for the Website, brief details of which we can supply to you on request. You acknowledge that we do not know what personal data (if any) you wish to store on the Website, and it is your responsibility to ensure that our security measures are adequate for the personal data you wish to store. We acknowledge that we shall only process the personal data in accordance with your instructions. Your instructions when you create the Website shall be for us to store the personal data on our servers. If you do not publish the Website within 30 days of starting to create it, or we are unable to contact you for further instructions, or if you fail to pay the price for the Website on any due date, then you agree that we shall be entitled to retain the personal data on the Website for a period of 30 days (which in the case of the unpublished site shall run from the date you started to create the Website), after which it may be destroyed.
Where a third party hosts your Website
8.11 Where we arrange for a third party provider to host the Website, you agree the following:
8.11.1 to comply with the terms and conditions imposed by the third party provider, as if the agreement were with you rather than with us. If you ask us, we will supply you with contact details of the third party provider, so that you may obtain a copy of their terms and conditions and/or contact them in the event of any problem with the hosting
8.11.2 to comply with all applicable laws and regulations and codes and with Internet etiquette
8.11.3 that you shall only be entitled to the benefit of any warranty or guarantee about levels of service which the third party provider gives to us
8.11.4 that we cannot accept any liability in respect of the third party provider's hosting of the Website
8.11.5 that it is your responsibility to keep full and regular backups of your current Website and to ensure that it is possible to restore your Website from those backups
8.11.6 that we will not be responsible for your own or your users' non-compliance with the third party provider's terms and conditions, nor for your own or your users' non-compliance with all applicable laws and regulations, codes and Internet etiquette. You will be fully responsible for all loss, damages, costs and expenses awarded against or incurred by us which arise because of your own or your users' non-compliance.
8.12 If we are unable to provide or arrange hosting at all due to factors outside our control for a period of more than seven (7) days, our entire liability in respect of any failure to provide or arrange the hosting shall be limited to a pro-rata refund of any payment made for the Website and Services for the period in which hosting is unavailable. You shall not be entitled to a refund for minor outages only.
8.13 In the event that we incur any other liability to you, that liability will be limited in accordance with Condition 10.
9. Additional Services
Conditions 9.1 to 9.2 shall only apply if you have ordered one or more Additional Services such as our studio service, additional domain names, email accounts or email forwarding or provision of site statistics.
Domain Name Services
This Condition shall only apply if you have ordered one or more domain names.
9.1 We will carry out an availability check to identify whether each domain name you have specified is available to register, however, we can offer no guarantees in respect of the accuracy of this service.
9.2 We will arrange for each domain name to be registered by a domain name registrar or naming authority, and point it at your Website subject to your acknowledgement that:
9.2.1 the availability of a domain name, whether or not we have indicated to you that the name is according to our records available, is dependent upon factors outside our control, including but not limited to registration of the domain name by a third party in the period between an availability check by us and registration with the relevant naming authority or domain name registrar
9.2.2 we cannot provide any guarantee that the domain name requested will be accepted by the relevant domain name registrar and/or naming authority and registered
9.2.3 you will be responsible for the compliance of any terms and conditions imposed by the relevant domain name registrar and the relevant naming authority in respect of each domain name. You will be fully responsible for all loss, damages, costs and expenses awarded against or incurred by us which arise because of your non-compliance with those terms and conditions. You may request a copy of the relevant terms and conditions from the appropriate domain name registrar and the appropriate naming authority. See also Condition 9.2.4 and 9.2.5 below
9.2.4 IMPORTANT: by requesting that we register a .uk domain name on your behalf, you authorise us to enter you into a contract direct with Nominet, the UK naming authority. You will be responsible directly to Nominet for compliance with their terms and must read them before placing your order with us. Nominet's terms and conditions can be found at http://www.nominet.org.uk/ref/terms.html
9.2.5 IMPORTANT: by requesting that we register any domain name other than a .uk domain name on your behalf, you authorise us to enter you into a contract direct with Enom, Inc., the an ICAAN accredited registrar for top level domain names .com. You will be responsible directly to Enom, Inc. for compliance with their terms and must read them before placing your order with us. Enom, Inc's registration agreement and other terms (including their dispute resolution policy) can be found at http://www.enom.com. By submitting an application for a non .uk domain name through our site you agree to abide by Enom, Inc.'s registration agreement and other terms and in particular, that you agree to our disclosure of your information to Enom, Inc. and to Enom, Inc.'s use of your information. If you do not so agree, you may not register a non .uk domain name through our Site Builder Website.
9.2.6 the registration of a domain name does not give any guarantee that you will be free to use the domain name nor that the domain names will not infringe the rights, including the intellectual property rights, of any third party and you should seek legal advice on this point
9.2.7 we reserve the right, but do not assume the obligation, to refuse to process any application to register a domain name, or to de-tag, suspend or cancel any domain name which we have registered on your behalf, if we believe that the domain name might infringe the intellectual property rights of any third party or is offensive, contrary to the public interest, is being registered for an unlawful purpose or is otherwise unacceptable to us in our absolute discretion
9.2.8 you acknowledge that wilfully providing inaccurate information or wilfully failing to update information promptly will constitute a material breach of these Conditions and will be sufficient basis for immediate cancellation of your domain name registration. You also agree that your failure to respond for over ten (10) calendar days to enquiries by us concerning the accuracy of contact details associated with your registration shall constitute a material breach of these Conditions and will be sufficient basis for cancellation of your domain name registration
9.2.9 all requests placed by you for registration of a domain name will be processed by us through a domain name registrar or naming authority, provided that the domain name remains available
9.2.10 your right to cancel and to a refund of any charges payable to the domain name registrar or naming authority are subject to the relevant domain name registrar's and/or naming authority's terms and conditions
9.2.11 after registration of your domain name, you are required to inform us promptly of any changes to keep the information current complete and accurate
9.2.12 in the event that the domain name(s) are not registered for any reason we may at our discretion invite you to (1) buy another domain name (2) accept from us an electronic voucher with a value equal to the price you have paid for the domain name (3) if the domain name registrar / naming authority's terms and conditions permit refunds, accept a refund of any price actually paid by you to us for the domain name
9.2.13 If we incur any other liability to you such liability will be limited in accordance with Condition 11
Conditions 9.3 to 9.4 shall only apply if you have ordered the studio service, where we create the Website on your behalf using our Materials and your content.
9.3 You hereby grant us a non-exclusive royalty free licence to use your content for the purpose of creating your Website
9.4 It is your responsibility:
9.4.1 to give us clear written instructions as to the design of your Website, and
9.4.2 to comply with the restrictions set out in Condition 5
Condition 9.5 shall only apply to Additional Services we provide to you ourselves, Condition 9.6 shall only apply to Additional Services we ask third parties to provide to you.
9.5 If we are willing to provide any Additional Services to you direct, we shall display on the Site Builder Website
9.5.1 a description of the Additional Service
9.5.2 a clear indication of the price, including any tax and delivery charges and invite you to contact us by telephone or email to give you any further information or to discuss your requirements
9.6 We will introduce you to a third party provider of one or more Additional Services subject to your acknowledgement that:
9.6.1 your contract will be with the third party provider and not with us
9.6.2 you will be fully responsible for compliance with any terms and conditions imposed by the third party provider and for all loss, damages, costs and expenses awarded against or incurred by us which arise because of your own or your users' non-compliance.
Conditions 9.7 and 9.8 apply to provision of any Additional Service other than domain name services
9.7 We reserve the right to refuse to act on any particular instruction from you which we believe to be unlawful or unethical or which we consider may infringe third party rights or is offensive, contrary to the public interest or otherwise unacceptable to us in our absolute discretion, and in this event, you shall only be entitled to a refund of any charges actually paid by you to us in relation to your instruction
9.8 If we incur any other liability to you such liability will be limited in accordance with Condition 11
10. E-Shop Facility
Conditions 10.1 to 10.2 apply if you use the SiteBuilder "E-Shop" facility to create and manage an online shop on your Website.
10.1 We do not provide you with a secure payment account directly. If you wish to take online payments from your users you will need to open an account with our preferred secure payment provider (currently WorldPay). Your contract will be with the secure payment provider and not with us, and you will be fully responsible for compliance with any terms and conditions imposed by the secure payment provider and for all loss, damages, costs and expenses awarded against us or incurred by us which arise because of your own or your users' non-compliance.
10.2 You will be solely responsible for ensuring that your Website complies with all laws and regulations applicable to the sale of goods or services over the Internet (including but not limited to the Electronic Commerce (EC Directive) Regulations 2002 and the Consumer Protection (Distance Selling) Regulations 2000). You will be fully responsible for all loss, damages, costs and expenses awarded against us or incurred by us which arise because of your non-compliance.
10.3 You acknowledge that our liability to you in connection with your use E-Shop facility shall be limited in accordance with Condition 11.
11. Exclusions and Limitations
11.1 We shall be responsible for death or personal injury caused by our negligence, and for any fraudulent misrepresentation we make to you.
11.2 Subject to Condition 11.1 and to the remedies available to you listed in Condition 11.6 we exclude all liability whether arising in contract tort or otherwise and whether or not due to our negligence which we may otherwise have to you as a result of:
11.2.1 any technical, factual, textual or other typographical inaccuracies, errors or omissions relating to or any information on the Site Builder Website;
11.2.1 the unavailability of the Site Builder Website (or any part of it);
11.2.3 any delay in providing or failing to provide or make available the Website or to supply the Services;
11.2.4 any other circumstances.
11.3 We shall not be responsible for your loss of profits, business or income, loss of data, damages for loss of or damage to property, whether that loss:
11.3.1 arises naturally from any breach of the Contract by us; or
11.3.2 was reasonably anticipated or contemplated by both of us when we entered into this Contract; or
11.3.3 is one which you specifically informed us was a likely consequence of a breach by us prior to that breach.
11.4 We shall not be responsible to you for delay in performing, or any failure to perform, any of our obligations if the delay or failure was due to any cause beyond our reasonable control including war, acts of terrorism, strikes or other industrial actions or trade disputes (whether involving those who work for us or for a third party), technical failures or malicious attacks relating to the Internet.
11.5 Subject to Condition 11.1 our maximum liability to you in respect of your use of any Website, including any remedy we provide to you as listed in Condition 11.6, will be the lesser of:
11.5.1 the total actual payment by you (including VAT) for the Website and any additional Services over the preceding 12 month period; or
11.5.2 Five hundred pounds (£500).
11.6 None of the above exclusions shall affect your statutory rights which are not capable of being excluded. However in such case your remedy, where permitted by law, will be limited to that set out in Conditions 7.2 (replace defective or infringing Materials and re-supply defective or infringing Services) 8.12 (refund hosting charges) 9.2.9 (refund or other remedy where domain name not available) and 9.3.3 (refund payment made for any Additional Services which we do not provide).
11.7 Each of the above exclusions and limitations shall be construed as a separate, and severable, provision of these Conditions.
12. Rights to cancel the order and the Contract
12.1 If you order a Website or Services which are unavailable, we shall not provide a substitute website or substitute services but shall inform you of the unavailability and cancel your order and refund your payment for the unavailable Website and Services.
12.2 If you are a consumer, that is you are not intending to use the Website or any Additional Services in the course of a business, trade or profession, then you may have the right to withdraw from the Contract without penalty and without the need to give us any reason. If at any time within seven (7) working days following the day we send you an Acceptance, you decide that you would like to cancel that order, then you will have the right to do so by informing us in writing or by Electronic Communication. We must receive your notice cancelling your order within that seven (7) working day period. If you do cancel your order, we will repay any amounts paid to us in respect of that order within thirty (30) days and you must not use the Website or any Services provided under the cancelled order.
12.3 Whether or not you are a consumer, you may have the right to rescind any Contract if we have not made available to you the appropriate, effective and accessible technical means of allowing you to identify and correct input errors prior to the placing of the order, unless a court orders otherwise in our favour. In these Conditions, that information is set out at Condition 3.5 and on your order form.
12.4 Either of us may terminate the Contract on giving thirty (30) days' notice to the other. The minimum duration of the Contract is therefore thirty (30) days.
12.5 We may suspend your use of the Website and/or terminate the Contract immediately if you breach our Acceptable Use Policy, these Conditions, any applicable law or regulation, code or Internet etiquette.
13.1 We may perform any of our obligations or exercise any of our rights ourselves or through any third party provider.
13.2 Any notice required or permitted to be given under these Conditions shall be by Electronic Communication, in our case addressed to us at the address on our Site Builder Website and to you at your email address on your order form. The exception to this is if you issue legal proceedings against us, which must be served on us by first class post. In the unlikely event we should need to serve legal proceedings on you, we will do so by first class post if we have a postal address for you, and otherwise by Electronic Communication if we only have an email address for you.
13.3 If we choose to ignore a breach by you of these Conditions on one occasion, we may still take issue with you if you breach of the same or any other Condition after that.
13.4 If a court decides that any of these Conditions is legally unacceptable or ineffective in whole or in part, that shall not affect the other Conditions or part Conditions.
13.5 A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to the benefit of any of these Conditions, unless we agree otherwise in writing.
13.6 The laws of England shall govern the Contract, and you agree to submit to the non-exclusive jurisdiction of the English courts.