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Terms & Conditions of Service

You agree that our continued provision of services to you, and your continued use of them, represent your agreement to be bound by our terms and conditions of service.

Last Updated 07/06/2023

Please take your time to read through this information carefully and contact us if you have any questions.

Introduction

This page outlines the terms and conditions governing the provision of our services as described on our website, located at www.voteq.co.uk (“Services”). Our range of services includes website hosting services (“Hosting Services”), domain name registration and renewal services (“Domain Registration and Renewal Services”), and WordPress Website Development services (“Website Development Services”).

Before placing an order for any of our Services, we kindly ask that you carefully review these terms and conditions. By proceeding with an order, you acknowledge and agree to be bound by these terms and conditions. Failure to accept these Terms and Conditions will regrettably prevent you from placing any orders for Services through our website.

Additionally, please note that our Data Processing Agreement and Privacy Policy, which aligns with the European General Data Protection Regulation (GDPR), is an integral part of these terms and conditions. We strongly encourage you to thoroughly read and, if necessary, retain a printed copy of these terms for your reference.

1. Information about us

  • 1.1. www.voteq.co.uk operated by Voteq Limited (“we,” “us,” or “our”). We are a registered company in England and Wales under the company number GB11391961, with our registered office situated at Deacon House, 32 Eyre St, Sheffield City Centre, Sheffield S1 4QZ.
  • 1.2. We would like to bring to your attention that by placing an order for our Services, you grant us your consent to send our regular newsletter to you via email. This newsletter serves as our primary method of communication and will keep you informed about any updates regarding our services, billing, planned maintenance, and account access information.
  • 1.3. Contracts for purchasing our Services through our website are governed by English law. Any disputes arising from or related to such contracts shall be exclusively subject to the jurisdiction of the courts of England and Wales. English is the language used for the conclusion of the contract between both parties.

2. Your status

  • 2.1. By placing an order through our website, you confirm and warrant that:
    • 2.1.1. You possess the legal capacity to enter into binding contracts.
    • 2.1.2. You are at least 18 years of age.
  • 2.2. If you are acting on behalf of a company or another business entity, you additionally confirm and warrant that you have the personal authority to legally bind that company or business entity for whom you are placing the order.

3. The order process

  • 3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. By creating an account you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password private at all times and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.
  • 3.2. Before you submit an order you will be shown a summary on screen including details of the Services you have wish to order and the price payable. There will be an option to amend/correct and errors before proceeding to completion of the order.
  • 3.3. Before being able to submit an order you will be required to register a credit or debit card. We also accept paperless direct debit, however you may need to use a credit or debit card on your first order.
  • 3.4. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored on your account.

4. How the contract is formed between you and us

  • 4.1. After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance.
  • 4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
  • 4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.

5. Our status

  • 5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
  • 5.2. Any disclaimer does not affect your statutory rights against the third party seller.

6. Consumer rights

  • 6.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations 2013 allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation.
  • 6.2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations 2013
  • 6.3. This provision does not otherwise affect your statutory rights.

7. Limited money back guarantee

  • 7.1. Once the Contact has been formed you may cancel the Contract in relation to the Hosting Service you have purchased.
  • 7.2. In such cases, you may cancel at any time within 30 days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.
  • 7.3. To cancel the Contract you must inform by raising a support ticket before the end of the 30 day period mentioned in clause G(b) above. As part of our cancellation process, we will respond to you to confirm your cancellation request. You must re-confirm your cancellation request by replying to this confirmation or we will continue to supply the Hosting Service and your cancellation will be ineffective. This is to ensure that we do not delete any data you need to retain.
  • 7.4. In summary, the Services which may not be cancelled under the limited money back guarantee include (but are not limited to):
    • 7.4.1. Domain Registration and Domain Registration Renewals.
    • 7.4.2. Private SSL certificates.
    • 7.4.3. Virtual Nameservers and other ‘add on’ products.
    • 7.4.4. Virtual Private Servers (VPS) and associated products.

8. Prices and payment

  • 8.1. The price of any Services will be as quoted on our website (exclusive of VAT).
  • 8.2. The total cost of your order of the Services will be set out clearly before you submit your order for the Services.
  • 8.3. Prices are liable to change at any time. We will notify you of a change in our prices at least 14 days before the price increase comes into force. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account.
  • 8.4. Due to the number of Services offered for sale, it is possible that despite our efforts some Services may be incorrectly priced. We deal with these situations accordingly:
    • 8.4.1 Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order;
    • 8.4.2 If a Service’s correct price is higher than the price stated on our website, we will normally, contact you for instructions before accepting your order; and
    • 8.4.3 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation
  • 8.5. We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and you agree to pay such charges in addition to the outstanding amount owed to us
    • 8.5.1. Certain services require that you maintain a valid and active automated payment method (such as a debit or credit card) registered against your account for payment collection, unless you have chosen to pay annually by invoice. These services include:
      • Website Support & Upgrades packages
      • All Managed, Unmanaged, and Cloud VPS Servers
      • VPS Add-ons, including but not limited to Storage Quota, Timeline Backups, and Dedicated IP Addresses
      • Email Storage Quota Add-ons
      By purchasing any of these services on a monthly or periodic basis, you agree that we may automatically collect payments when due from your chosen payment method. Failure to maintain a valid payment method may result in suspension or termination of the relevant services.
  • 8.6. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account.
  • 8.7. If we fail to authorise payment your account may be suspended.

9. Quality

  • 9.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
  • 9.2. We will not be liable for a breach of the warranty provided above unless
    • 9.2.1 You provide written notice of such breach to us.
    • 9.2.2 We are given a reasonable opportunity, upon receiving the notice, to examine the provision of Services to you.
    • 9.2.3. The problem arises due to your failure to adhere to our provided oral or written instructions regarding the use of the Services (if any).
    • 9.2.4. You make alterations to the Services without obtaining our written consent.
    • 9.2.5. The problem arises due to misuse of the Services.
  • 9.3. In the event that we are in breach of the warranty as described in the aforementioned clause, we will make all commercially reasonable efforts to promptly remedy the breach or provide a refund of the Services at a pro rata Contract price.
  • 9.4. By accepting these terms, you acknowledge that you have not relied upon any statement, promise, or representation made or given by us or on our behalf, unless it is explicitly stated on our website or confirmed in writing by us. This clause does not exclude or limit our liability to you for fraudulent misrepresentation.

10. Access to our hosting services

  • 10.1. You are solely responsible for making the necessary arrangements to access our Hosting Services.
  • 10.2. It is also your responsibility to ensure that all individuals who access our Services through your Internet connection are fully aware of these terms and conditions, including our acceptable use policy.

11. Service Levels

  • 11.1. While we cannot guarantee uninterrupted or error-free access to our servers, we will make reasonable efforts to minimize any downtime.

12. IP addresses

  • 12.1. You will not possess any ownership, rights, or claims over any internet protocol address (“IP address”) assigned to you during the use of our Services or upon the expiration or termination thereof.
  • 12.2. Any IP address allocated to you is provided solely as part of the Hosting Service you have purchased and cannot be transferred or moved by you under any circumstances.
  • 12.3. In the event that we need to renumber or reallocate an IP address, we will make reasonable efforts to minimize any disruption to your services.

13. Material and service backups

  • 13.1. It is your responsibility to ensure that you maintain appropriate and up-to-date backup copies of any data, information, or other materials you upload onto our servers as part of your use of the Hosting Services. Our control panels include free tools to facilitate website and database backups. Please note that in the event of material loss or damage, access to the server backup maintained as per our archiving procedure will not be provided to you.
  • 13.2. We will adhere to our archiving procedures for the data stored on our servers.
  • 13.3. We shall not be held liable for any loss, destruction, alteration, or disclosure of your materials resulting from your actions or the actions of any third party.

14. Hosting service usage limitations

  • 14.1. The Hosting Service package you select includes a specific monthly bandwidth allowance, as stated on our website at the time of your order.
  • 14.2. If the monthly bandwidth allowance is exceeded, the Hosting Service you have ordered will be automatically suspended. In such cases, you have the option to upgrade your Hosting Service package to one that offers a higher monthly bandwidth allowance or wait for the Hosting Service to resume at the beginning of the following calendar month. You can monitor your monthly bandwidth usage through our control panel.
  • 14.3. Unless the Hosting Service package you order includes a virtual private server, the usage of our server’s processing capacity will be limited to a maximum of 10% while using the Hosting Service package you have chosen.
  • 14.4. We reserve the right, at our absolute discretion, to permit your usage to exceed this CPU limitation. However, we will engage in discussions with you regarding your hosting requirements if your usage adversely affects our other customers.
  • 14.5. The Hosting Service package you order specifies the number of mailboxes included, as indicated on our website at the time of your order.
  • 14.6. Any mailboxes that remain inactive for 100 consecutive days will be automatically deleted from our system.
  • 14.7. When utilizing our Services, you are required to comply with both our Terms of Website Use and our Acceptable Use Policy. In the event of any conflict between our terms of website use and these terms and conditions, these terms and conditions shall prevail.
  • 14.8. Violation of either the Website Terms of Use or the Acceptable Use Policy entitles us to terminate the provision of Services to you.

15. Support

  • 15.1. Our dedicated support team is here to assist you in resolving any issues related to the Services you are utilizing. While we do not offer programming support, our Hosting Services are designed to be compatible with a wide range of programming languages.
  • 15.2. Please note that we do not offer telephone technical support. Support is available through our online support ticket system or via online chat.

16. Domain Names

  • 16.1. If the Contract includes our Domain Registration and Renewal Service, the following provisions apply:
    • 16.1.1 We will make every effort to facilitate the registration of the domain name you request.
    • 16.1.2 We shall not be held responsible if the relevant domain name registry refuses to register the requested domain name or subsequently suspends or revokes any registration for that domain name.
    • 16.1.3 We do not act as your agent or represent you in any interactions with the domain name registry
    • 16.1.4 The registration of the domain name you request and its ongoing use are subject to the terms and conditions of the relevant domain name registry. It is your responsibility to review and comply with these terms.
    • 16.1.5 It is your responsibility to ensure that you are familiar with the terms and conditions of the domain name registry in order to comply with them.
    • 16.1.6 The successful registration of the domain name you request will be indicated when your name appears as the registrant in the appropriate “whois” database of the top-level domain name registrar.
    • 16.1.7 We reserve the right to exercise absolute discretion in requesting you to select an alternative domain name if, in our opinion, there are reasonable grounds to believe that your current choice of name is, or may be deemed to be, in bad faith, in breach of these terms and conditions, or in violation of any legal or regulatory requirement. Failure to comply may result in the suspension or termination of our Domain Registration and Renewal Service.
    • 16.1.8 By requesting the registration of a domain name, you confirm and warrant that you either own the trademark associated with the domain name or have obtained the necessary authorization from the trademark owner to use such name.
  • 16.2. By using a domain name supplied by you or authorized by you for use in connection with the website associated with the Hosting Service provided to you, you confirm and warrant that you are the legal owner of the domain name or have obtained the necessary authorization from the legal owner to use such domain name.
  • 16.3. After successful registration, the domain name will require periodic renewal to maintain its registration. We will send you renewal notices 30 days and 7 days prior to the renewal date of your registered domain name. These notices will be delivered to the email address associated with your account.
  • 16.4. By accepting these terms and conditions, you authorize us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with the terms outlined herein.
  • 16.5. The renewal price will be indicated on the renewals page of the customer administration area and will be charged to one of the registered payment methods associated with your account.
  • 16.6. You acknowledge and agree that we may apply various locks to any domain registered with us, either at the time of registration or subsequently, without further notice to you.

17. Intellectual property rights

  • 17.1. You retain all intellectual property rights in the material you provide, and you grant us a worldwide, non-exclusive, royalty-free license to use, store, and maintain your material on our servers and publish it on the Internet for the sole purpose of providing the Hosting Service to you.
  • 17.2. By submitting your material, you warrant that it does not infringe upon the intellectual property rights of any third party and that you have the authority to grant us the license. We may make copies of your material as necessary to fulfill our obligations, including creating backup copies.
  • 17.3. You agree to defend, indemnify, and hold us harmless from any claims, actions, proceedings, losses, damages, expenses, and costs (including court costs and reasonable legal fees) arising from your use of the Services or any claim or action asserting that your material infringes, or allegedly infringes, the intellectual property rights of a third party.
  • 17.4. If you download software from our website, we grant you a non-exclusive, non-transferable, royalty-free license to use that software for the purpose described on our website in relation to that software. This license will automatically terminate when we cease to provide the Hosting Services to you.
  • 17.5. Any third-party software downloaded from our website will be licensed to you under the standard software license terms of the intellectual property rights owner of that software, as notified to you at the time of downloading.
  • 17.6. We retain all intellectual property rights in the Hosting Services (excluding your material) and our software. You are prohibited from decompiling or disassembling the Hosting Services or our software.
  • 17.7. We will undertake the defense of any claim alleging that the Hosting Services infringe any intellectual property rights of a third party within the United Kingdom. We shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, subject to the following conditions:
    • 17.7.1 You must promptly notify us of any claim of this nature.
    • 17.7.2 You shall not admit or settle any such claim without obtaining our prior written consent.
    • 17.7.3 You shall provide reasonable cooperation to us, at your own expense, in the defense and settlement of such claim.
    • 17.7.4. We shall have sole authority to defend or settle the claim.

18. Liability

  • 18.1. We do not actively monitor your material or any other communication transmitted through the Hosting Services, and we shall not be held liable for such content.
  • 18.2. As the Internet is a public medium, we cannot guarantee the privacy protection of electronic mail or any other information transferred through the Internet or via any network provider.
  • 18.3. We do not provide a guarantee or representation that the Hosting Services will be free from security incidents or unauthorized users.
  • 18.4. Any conditions, terms, representations, and warranties not expressly stated in these terms and conditions (or the referenced documents) are explicitly excluded.
  • 18.5. Our liability is not excluded or limited in any way in the following circumstances:
    • 18.5.1 In cases of death or personal injury caused by our negligence.
    • 18.5.2 Under section 2(3) of the Consumer Protection Act 1987.
    • 18.5.3 In cases of fraud or fraudulent misrepresentation.
    • 18.5.4 For any matter in which it would be illegal for us to exclude or attempt to exclude our liability.
  • 18.6. We shall not be held responsible for the following types of losses (whether direct, indirect, or consequential), regardless of whether they result from our negligence or other circumstances:
    • 18.6.1 Loss of income or revenue.
    • 18.6.2 Loss of business.
    • 18.6.3 Loss of profits or contracts.
    • 18.6.4 Loss of anticipated savings.
    • 18.6.5 Loss of goodwill.
    • 18.6.6 Loss of software or data.
    • 18.6.7 Wasted expenditure (such as pay-per-click advertising costs).
    • 18.6.8 Wasted management or office time.
  • 18.7. Subject to these terms and conditions, our total liability, whether in contract, tort (including negligence), or otherwise, in connection with the performance or contemplated performance of the Contract, shall not exceed 100% of the price you have paid to us for the Services within the 12 months preceding the event that gave rise to the liability.
  • 18.8. We recommend that you obtain appropriate insurance, such as business interruption insurance, to safeguard your business in the event of any Service interruption, particularly with regard to the Hosting Service.
  • 18.9. If you purchase any product or service from a third-party seller through a link on our website, the seller’s individual liability will be outlined in their respective terms and conditions. We advise you to review and consult those terms and conditions for further information.

19. Duration of services and cancellation

  • 19.1. The portion of the Contract related to our Domain Registration and Renewal Service will begin on the date you receive our Acceptance Confirmation. It will remain in effect until:
    • 19.1.1 We have successfully registered the requested domain name (the “Domain Name”), and you subsequently request us not to renew the registration of your Domain Name.
    • 19.1.2 We terminate the provision of our Domain Registration and Renewal Service by notifying you due to the following reasons:
    • 19.1.2.1 The Domain Name is no longer available for registration.
    • 19.1.2.2 You are in breach of the terms and conditions stated herein.
    • 19.1.2.3 There is another reason preventing the registration of the Domain Name.
  • 19.2. If we terminate the Domain Registration and Renewal Service in accordance with the clauses of this agreement, we will provide a refund of the price you paid for the Domain Registration and Renewal Service to the credit card, debit card, or other account you used for the payment.
  • 19.3. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided for in this clause they shall continue for the minimum period of time that applies to the Service you have purchased (“Minimum Term”). After expiry of the Minimum Term, they will continue on a month to month basis until terminated:
    • 19.3.1 by you, as a Consumer, informing us of your decision to cancel the Contract by a clear statement. This should be via online support ticket or support live chat;
    • 19.3.2 By you, as a Business customer, notifying us of your decision to cancel the Contract. This can be done via an online support ticket or support live chat.
    • 19.3.3 By us providing you with at least 30 days’ advance written notice, sent to the current email address registered on your account.
    • 19.3.4 By exercising your right as a Consumer to cancel the Contract(s) within the “cooling off period,” which is within 14 days of purchase.
    • 19.3.5. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your decision to cancel before the cancellation period expires. We recommend doing this at least two working days before the cancellation date. Please note that the Cooling Off period only applies to Consumers, not Business Customers.
  • 19.4. As part of the cancellation process, you must re-confirm your cancellation request through our support ticket system or support live chat system. If you fail to do so, we will continue to provide the relevant services, and your cancellation will be ineffective. Please note that you cannot cancel any services by letter, email, or telephone.
  • 19.5. The monthly price for services provided under Contracts that continue on a month-to-month basis will be charged monthly in advance to the credit card, debit card, paperless direct debit, or other registered payment method associated with your account. This payment will be processed on the same date of the month (or the last day of the month if no such date exists) as the date on which the services were initially started (“Payment Date”), unless you cancel the services in accordance with these terms and conditions.
  • 19.6. We do not provide refunds for cancellations that occur during a billing period.
  • 19.7. In addition to any other rights we may have to terminate or suspend the services under these terms and conditions, our Terms of Website Use, or our Acceptable Use Policy, we reserve the right to terminate the Contract by providing you with 30 days’ advance notice via email to the email address registered on your account.

  • 19.8. If we cancel the services, we will refund to you the price you have paid for the services on a pro-rata basis for the remaining unexpired Minimum Term.
  • 19.9. Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of any obligations under these terms and conditions, we may terminate the Contract by providing you with 7 days’ notice.
  • 19.10. The expiry or termination of the Contract will not affect any rights and liabilities that have arisen under the Contract up to the date of expiry or termination.

20. Deletion of your data

  • 20.1. If you choose to cancel your services, please be aware that any data we store or host related to the services you have cancelled will be promptly and permanently deleted from our system.
  • 20.2. Therefore, it is highly recommended that you make suitable copies of your data before proceeding with the cancellation of your services. This will ensure that you retain any necessary information or content that you may require in the future.

21. Additional terms

  • 20.1. If you choose to cancel your services, please be aware that any data we store or host related to the services you have canceled will be promptly and permanently deleted from our system.
  • 20.2. Therefore, it is highly recommended that you make suitable copies of your data before proceeding with the cancellation of your services. This will ensure that you retain any necessary information or content that you may require in the future.

22. Written communication

  • 22.1. It is important to note that certain laws may require certain information or communications to be provided in writing. By using our website, you acknowledge and accept that the majority of communication with us will be conducted electronically.
  • 22.2. We will primarily communicate with you via email or by posting notices on our website. By entering into a contract with us, you consent to receive communication from us electronically and acknowledge that all contracts, notices, information, and other communications provided to you in electronic form satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

23. Notice

  • 23.1. If you need to provide any notices to us, please do so through our online system. This ensures that your notices are properly received and recorded.
  • 23.2. We reserve the right to provide notices to you using the email or postal address that you have registered with us. It is important to keep your contact information up to date to ensure that you receive any important notices or communications from us.

24. Third party rights and transfer of rights and obligations

  • 24.1. It is the intention of both parties that the terms of the Contract are not enforceable by any person who is not a party to the Contract under the Contracts (Rights of Third Parties) Act 1999.
  • 24.2. The Contract is legally binding on both you and us, as well as on our respective successors and assigns.
  • 24.3. You are not permitted to transfer, assign, charge, or otherwise dispose of the Contract, or any of your rights or obligations under it, without obtaining our prior written consent.
  • 24.4. We have the right to transfer, assign, charge, subcontract, or otherwise dispose of the Contract, or any of our rights or obligations under it, at any time during the term of the Contract.

25. Out of our control

  • 25.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
  • 25.2. A Force Majeure Event includes any act, event, non-happening, omission, or accident that is beyond our reasonable control. This includes, but is not limited to, the following:
    • 25.2.1 Misuse, alteration, or interference by you or any third party with our servers or systems, including virus and hacker attacks.
    • 25.2.2 Strikes, lock-outs, or other industrial actions.
    • 25.2.3 Civil commotion, riot, invasion, terrorist attack, or the threat of terrorist attack, war (whether declared or not), or the threat or preparation for war.
    • 25.2.4 Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
    • 25.2.5 The impossibility of using public or private telecommunications networks.
    • 25.2.6 Acts, decrees, legislation, regulations, or restrictions imposed by any government
  • 25.3 In the event of a Force Majeure Event, our performance under the Contract will be suspended for the duration of the Force Majeure Event. We will be granted an extension of time to fulfill our obligations for the duration of the Force Majeure Event. We will make reasonable efforts to bring the Force Majeure Event to a close or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure Event.

26. Waiver

  • 26.1. If, at any time during the Contract, we do not insist upon strict performance of any of your obligations or fail to exercise any rights or remedies to which we are entitled, it does not constitute a waiver of those rights, remedies, or your obligations. You are still required to comply with your obligations under the Contract.
  • 26.2. Any waiver by us of a default on your part does not constitute a waiver of any subsequent default. Each default will be considered on a case-by-case basis.
  • 26.3. A waiver of any of these terms and conditions by us is only effective if it is expressly stated as a waiver and communicated to you in writing.

27. Severability

  • 27.1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

28. Entire agreement

  • 28.1. These terms and conditions, along with any explicitly referenced documents, constitute the complete agreement between us regarding the subject matter of any Contract. They supersede any prior agreements, understandings, or arrangements, whether oral or written, between us.

  • 28.2. Both parties acknowledge that, in entering into the Contract, they have not relied on any representations, undertakings, or promises given by the other party, except as expressly stated in these terms and conditions. Neither party should infer any meaning from statements or writings in pre-contract negotiations, except as explicitly outlined in these terms and conditions.
  • 28.3. Neither party has any recourse for untrue statements made by the other party, whether orally or in writing, prior to the date of the Contract, unless such statements were made fraudulently. The sole remedy for the injured party in such cases shall be for breach of contract as provided in these terms and conditions.

29. Changes to our terms and conditions

  • 29.1. We reserve the right to periodically revise and amend these terms and conditions.
  • 29.2. When you place an order for our services, you will be bound by the policies and terms and conditions that are in effect at that time, unless any changes to those policies or terms and conditions are legally required or mandated by a governmental authority. In such cases, the revised policies or terms and conditions will also apply to previously placed orders.
  • 29.3. Any variation or modification to these terms and conditions will only be valid if it is in writing and signed on behalf of our company.

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