The thing we never read but should
Terms & Conditions of business

Definition of our terminology as used within this document:
  1.  A ‘Project’ is any work undertaken or service provided by Blue Monkey Creative for the Client on their request and as described in our confirmation order email to that Client.
  2. A ‘Client’ is a person, persons, business or organisation using any of the services provided by Blue Monkey Creative
  3. ‘Live’ means the date the website is online for the world to see.
  4. ‘Domain’ is the website address as specified by the Client. EG: www.YOURNAME.co.uk
  5. ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
  6. Hosting’ is a yearly cost to keep a clients website online so that it can be seen.
    7. ‘Content’ is both text and images supplied by the client for the website.
Blue Monkey Creative Terms & Conditions
  1. The contract between Blue Monkey Creative and the Client will be subject to these Terms and Conditions, to the exclusion of all other terms and conditions. Any variation to these Terms and Conditions must be agreed in writing.
  2. The work to be carried out will be as set out in the Blue Monkey Creative quotation, confirmation email, order confirmation or other written agreement with the Client.
  3. Email will be our main method of communication. Although Blue Monkey Creative can also be contacted by telephone, it is the Client’s responsibility to provide us with a valid and up-to-date email address and to inform us of any change. Blue Monkey Creative cannot be held responsible for communication problems caused by the Client failing to provide a valid email address. We will normally aim to acknowledge emails within two working days.
  4. Unless otherwise agreed in writing, Blue Monkey Creative will commence work on a Project after receiving a non-refundable deposit of 50% of the quoted Project fee. The remaining 50% is payable on completion of the website and before the website is made live.
  5. The deposit paid to Blue Monkey Creative covers work already carried out or time allocated to the Project, including design, planning, administration and communication, and is non-refundable once work has commenced.
  6. The Client is responsible for carrying out sufficient research before proceeding with a website, business idea or online service. This includes ensuring that the website, business, products and services operate legally and comply with any laws or regulations that apply to them.
  7. The Client must maintain reasonable contact with Blue Monkey Creative throughout the Project. If the Client does not make contact for one week, we will make reasonable attempts to contact them using the email address provided. If we do not receive a response, the Project may be delayed, suspended or terminated and any deposit already paid will not be refunded.
  8. Where images used on a website have been purchased by Blue Monkey Creative on behalf of the Client, those images may be subject to the licence conditions of the image provider. The Client must not copy, alter, distribute or use those images outside the permitted licence. Blue Monkey Creative is not responsible for any misuse of licensed images by the Client or another person.
  9. Blue Monkey Creative will provide website hosting where requested by the Client and following payment of the relevant hosting fees. We will make reasonable efforts to provide a reliable and professional hosting service but cannot guarantee that hosting or websites will be available at all times, particularly in the event of maintenance, technical failure or circumstances outside our reasonable control.
  10. Blue Monkey Creative cannot be held responsible for any loss of business, sales, profits or opportunities that may arise from or be claimed as a result of a service provided by Blue Monkey Creative, except where liability cannot legally be excluded.
  11. Where Blue Monkey Creative provides search engine optimisation (SEO), we do not guarantee any specific search engine position, ranking, level of website traffic, number of enquiries or commercial result.
  12. Blue Monkey Creative may provide an estimated completion date for a Project if requested. We will make reasonable efforts to meet any estimated deadline but do not guarantee completion by a particular date unless this has been specifically agreed in writing. Any completion date provided is an estimate only.
  13. Websites may use open-source software, including content management systems, e-commerce platforms, plugins, extensions and other third-party software.
  14. The Client will not be charged for open-source software itself. Any charge relating to the use of open-source software is for work carried out by Blue Monkey Creative, including installation, configuration, design, development, customisation, testing or support. Open-source software is not owned by Blue Monkey Creative or the Client and remains subject to its own licence terms.
  15. Blue Monkey Creative owns all design and code created specifically for the Project until final payment has been received in full. Once full payment has been received, the Client will own the bespoke design and bespoke code created specifically for their Project. This does not include open-source software, third-party software, plugins, extensions, stock images, licensed materials or any code, systems, tools or materials owned by another person or organisation.
  16. All text, images, photographs, logos and other materials supplied by the Client are used on the understanding that the Client owns them or has permission to use them. The Client is responsible for the copyright and legality of materials they supply or specifically ask Blue Monkey Creative to use. Blue Monkey Creative cannot be held responsible for claims arising from materials supplied or authorised by the Client.
  17. Blue Monkey Creative may use Artificial Intelligence (AI) and other assisted technologies as part of our normal working process. AI may be used to assist with tasks including research, planning, content creation, coding, troubleshooting, search engine optimisation, image creation and administration. AI is used as an assistant and does not replace the experience, judgement or responsibility of Blue Monkey Creative. Where appropriate, AI-assisted work will be reviewed, edited, adapted or checked before being used in a Client Project. The use of AI does not reduce or alter the agreed fees for our services, which reflect our overall experience, expertise, creative input, technical knowledge and responsibility for the finished work. If a Client does not want AI to be used on their Project, this must be agreed in writing before work begins and may affect the cost or timescale of the Project.
  18. Domain names registered by Blue Monkey Creative on behalf of a Client will normally be registered in the Client’s name. The Client is the legal owner of the domain name. If the Client requests changes to the registration details or asks for the domain to be transferred elsewhere, Blue Monkey Creative will do this within a reasonable timeframe, subject to any outstanding payments being settled.
  19. The Client is responsible for paying for the renewal of their domain name when due. If a domain name expires because the Client has not paid the renewal fee, Blue Monkey Creative cannot be held responsible. We will make reasonable efforts to contact the Client regarding domain renewal.
  20. Where a website package includes free domain registration for the first year or 12 months, the Client will be charged for renewal after the free period ends. If the Client requests that the domain be transferred to another provider, responsibility for all future renewals will pass to the Client or their new provider once the transfer is complete.
  21. Hosting and domain name renewals are separate services and may be invoiced separately. Both may need to be renewed for a website to continue functioning. If the Client does not renew their hosting or domain name, the website may stop working and an expired domain name may eventually become available for another person to register.
  22. Hosting is normally renewed annually or every 12 months. The Client is responsible for paying the hosting renewal fee when due. Hosting will not be renewed if the Client asks us not to renew it or if we are unable to contact the Client and payment has not been received.
  23. Hosting renewal charges must be paid within 14 days of the invoice date unless otherwise agreed. Blue Monkey Creative reserves the right to suspend or deactivate a website where the hosting has expired and the renewal charge has not been paid. An administration or technical charge may apply to reactivate the website or hosting.
  24. If the Client does not use Blue Monkey Creative’s hosting services, responsibility for the management, hosting, security, backups and operation of the website rests with the Client and their chosen hosting provider.
  25. Where one year or 12 months of free hosting is included within a Blue Monkey Creative Website Design Package, the conditions of that offer will be as stated in the quotation or order confirmation. Hosting renewal charges will apply after the free period has ended.
  26. If a Client wishes to move hosting away from Blue Monkey Creative or transfer a domain name away from us, an administration charge may apply. Any applicable charge will be confirmed before the transfer is carried out and must be paid before the transfer is completed.
  27. Blue Monkey Creative has no control over, or responsibility for, the ongoing content of Clients’ websites. The text, images and other content of a Client’s website do not constitute endorsement or approval by Blue Monkey Creative. The Client is responsible for their website content, products, services and transactions with their own customers.
  28. Blue Monkey Creative will take reasonable care of website files and information stored as part of the services we provide but cannot guarantee against all loss, damage or corruption of data. The Client should keep copies of important information, original images, documents and other business files relating to their website.
  29. If a domain name has been purchased or registered by the Client through a company other than Blue Monkey Creative, the Client is responsible for ensuring that the domain is renewed when due. Blue Monkey Creative will not be responsible for renewing a domain name managed by another provider unless this has been specifically agreed in writing.
  30. Blue Monkey Creative accepts payment by credit card, debit card and BACS. We do not accept cheques.
  31. These Terms and Conditions are governed by the laws of England and Wales. Any dispute will be subject to the jurisdiction of the courts of England and Wales. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force.
  32. Blue Monkey Creative reserves the right to update or change these Terms and Conditions from time to time.
Use of Artificial Intelligence and Assisted Technologies
  1. Blue Monkey Creative may use artificial intelligence (“AI”), automation and other assisted technologies as part of its normal working processes.
  2. These technologies may be used to assist with tasks including research, planning, brainstorming, content development, copywriting, image and visual creation, coding, development, troubleshooting, technical investigation, testing, analysis, search engine optimisation, social media work and administration.
  3. AI is used as an assistant to support our work. It does not replace the professional judgement, experience, creative direction, technical knowledge or responsibility of Blue Monkey Creative.
  4. Where appropriate, AI-assisted output will be reviewed, edited, adapted, checked or tested by Blue Monkey Creative before being used in Client work.
  5. The use of AI, automation or other assisted technologies does not alter the agreed fees for our services. Our charges reflect the overall service provided, including our experience, strategy, creative direction, technical knowledge, review, editing, implementation, testing, Project management and responsibility for the finished work.
  6. Blue Monkey Creative may use third-party AI services and tools. Those services are operated by their respective providers and may be subject to their own terms, privacy arrangements and technical limitations.
  7. Blue Monkey Creative will take reasonable care when using AI-assisted technologies and will not knowingly submit passwords, payment card details or other highly sensitive information to public AI systems.
  8. The Client should not provide highly sensitive, confidential or personal information for use with AI tools unless this has been specifically discussed and agreed with Blue Monkey Creative in advance.
  9. AI-generated or AI-assisted material may occasionally contain errors, inaccuracies or similarities to existing material. Blue Monkey Creative will use reasonable care and professional judgement when reviewing such material.
  10. The Client remains responsible for approving final content and for checking factual, legal, medical, financial, regulatory, technical or other specialist claims before publication where such matters fall outside the agreed scope of Blue Monkey Creative’s services.
  11. Where AI-generated or AI-assisted images, text, code or other materials are used, Blue Monkey Creative does not guarantee that exclusive intellectual property rights can be obtained in every element of that material.
  12. If a Client requires AI tools not to be used on a particular Project, this must be agreed with Blue Monkey Creative in writing before work begins.
  13. A restriction on the use of AI or assisted technologies may affect the price, scope, method or timescale of the work.

Hosting And Domain

ACCESS TO THE HOSTING SERVICE

1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.

2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy).

HOSTING SERVICE – SERVICE LEVELS

1. We do not warrant access to our servers will be uninterrupted or error-free but we shall use reasonable endeavours to keep downtime to a minimum and if a problem occurs we will be in contact with the hosting provider

2. We will not be liable for loss of service to websites – shopping carts or emails. We will be your contact so that we can speak to the hosting providers.

IP ADDRESSES

1. You will have no right, title, or interest in any internet protocol address (“IP address”) allocated to you throughout the use upon the expiry or termination of Services.

2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.

3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.

BACK-UP OF YOUR MATERIAL AND OUR SERVERS

1. It is your responsibility to maintain appropriate and up-to-date backup copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services. We provide free tools to make website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server backup we maintain pursuant to our archiving procedure.

2. We will follow our archiving procedures for the data stored on our servers.

3. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

HOSTING SERVICE USAGE LIMITATIONS

1. The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order.

2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.

3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.

4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion.

5. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order.

6. Any mailboxes that have not been accessed for 100 clear days will be automatically deleted from our system.
7. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions will be resolved in favour of these terms and conditions.

8. A breach of either the Website Terms of Use or Acceptable Use policy will entitle us to terminate the provision of Services to you.

9. We will not be liable for loss of service to websites – shopping carts or emails. We will be your contact so that we can speak to the hosting providers

SUPPORT

1. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our 2. servers are compatible with many programming languages.

2. We do not provide telephone technical support. Support is provided via email.

3. If you are on our support & Maintenance package, we will endeavour to sort out any issues you are having with the site. If you are NOT on our support package, we charge £45+vat per hour or part of. If you are on our support & maintenance package and you use a third-party developer/programmer and there is an error will we quote you to fix the issue.

DOMAIN NAMES

A. Where the Contract includes our Domain Registration and Renewal Service:

  1. we will endeavour to procure the registration of the domain name you request
  2. we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.
  3. we shall not act as your agent or on your behalf in any dealings with the domain name registry.
  4. The registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider.
  5. You are responsible for ensuring that you are aware of the terms so that you can comply with them.
  6. The domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top-level domain name registrar.
  7. We shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.
  8. 8. 16.1.8. you confirm and warrant that you are the owner of any trademark in any domain name (or have the authority of the owner of any trademark to use such name) that you have requested be registered.

B. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.

C. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address and then registered against your account.

D. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.

E. The price for the renewal will be as set out on the renewals page of the customer administration area and will be charged against one of the payment methods and then registered against your account.

F You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.

INTELLECTUAL PROPERTY RIGHTS

A. You, retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty-free licence to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.

B. You warrant that your material does not infringe the intellectual property rights of any third party and you have the authority to grant the licence to us. We may make such copies as may be necessary to perform our obligations, including making backup copies of your material.

C. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.

D. If you download software from our website, we grant you a non-exclusive, non-transferable royalty-free licence to use that software for the purpose set out on our website in relation to that software. Such a licence will automatically terminate when we terminate providing the Hosting Services to you.

E. Any third-party software that you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third-party software as those licence terms are notified to you at the time you download such software.

F. We retain all intellectual property rights in the Hosting Services (other than in your Material) and our software. You must not decompile or disassemble the Hosting Services or our software.

G. We will defend you against any claim that the Hosting Services infringe any United Kingdom intellectual property rights of a third party and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:

  1. You give prompt notice of any such claim.
  2. You make no admissions or settlements without our prior written consent.
  3. You provide reasonable cooperation to us in the defence and settlement of the such claim, at your expense.
  4. We are given sole authority to defend or settle the claim.
OUR LIABILITY

A. We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.

B. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider.

C. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.

D. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

E. We do not exclude or limit in any way our liability:
1. for death or personal injury caused by our negligence;
2. under section 2(3) of the Consumer Protection Act 1987
3. for fraud or fraudulent misrepresentation
4. for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
F. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

  1. loss of income or revenue.
  2. loss of business.
  3. loss of profits or contracts.
  4. loss of anticipated savings.
  5. loss of goodwill.
  6. loss of software or data.
  7. wasted expenditure (such as pay-per-click advertising costs).
  8. wasted management or office time.

G. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.

H. You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).

I. Where you buy any product or service from a third-party seller by following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.

DURATION OF THE SERVICES AND CANCELLATION

A. The part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. It will continue until:

B. we have registered the domain name you requested (the “Domain Name”) and you subsequently ask us not to renew the registration of your Domain Name

  1. we terminate the supply of our Domain Registration and Renewal Service by notice to you because:
  2. the Domain Name is no longer available for registration
  3. you are in breach of the terms and conditions herewith
  4. of some other reason preventing the registration of the Domain Name.

C. If we terminate the Domain Registration and Renewal Service under the clauses of this agreement, we will refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or another account you used to make the payment.

D. 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 the expiry of the Minimum Term, they will continue on a month-to-month basis until terminated:

  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.
  2. by you, as a Business customer, informing us of your decision to cancel the Contract. This should be via an online support ticket or support live chat
  3. by us giving you at least 30 days advanced notice in writing sent to the then current email address registered against your account
  4. by exercising your right as a Consumer, cancel the Contract(s) within the “cooling off period” i.e. within 14 days of purchase.
  5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date. Please note that the Cooling Off period only applies to Consumers, not Business Customers.

E As part of our cancellation process, you must re-confirm your cancellation request via our support ticket system or support live chat system or we will continue to supply the relevant Services and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone.

F. The monthly price for Services we supply under Contracts that continue on a month-to-month basis shall be charged monthly in advance directly to a credit card, debit card, paperless direct debit or other payment method registered against your account. Such payment will be taken on the same date of the month (or if no such date occurs then on the last day of the month) as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services in accordance with these terms and conditions.

G. We will not provide you with a refund for a cancellation that is part-way through a billing period.

H. Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use or our Acceptable Use Policy we may terminate the Contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.

I. 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 unexpired Minimum Term.

J. Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract with 7 days’ notice to you.

K. Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.

DELETION OF YOUR DATA

1. If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system.

2. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.

ADDITIONAL TERMS

1. Additional terms and conditions may apply to our offers. If so, you will be advised of them at the relevant point.

WRITTEN COMMUNICATIONS

1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.

2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

NOTICES

1. All notices given by you to us must be given through our online system.

2. We may give notice to you at either the then-current e-mail or postal address registered against your account with us.

THIRD-PARTY RIGHTS AND TRANSFER OF RIGHTS AND OBLIGATIONS

1. Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

2. The Contract is binding on you and us and on our respective successors and assigns.

3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

EVENTS OUTSIDE OUR CONTROL

A. 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”).

B. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
  2. strikes, lock-outs or other industrial action;
  3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
  5. impossibility of the use of public or private telecommunications networks; and
  6. the acts, decrees, legislation, regulations or restrictions of any government.
  7. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  8. We will not be liable for loss of service to websites – shopping carts or emails. We will be your contact so that we can speak to the hosting providers
WAIVER

1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

SEVERABILITY

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.

ENTIRE AGREEMENT

1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless the such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

CHANGES TO OUR TERMS AND CONDITIONS

1. We have the right to revise and amend these terms and conditions from time to time.

2. You will be subject to the policies and terms and conditions in force at the time that you order services from us unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.

The domain will be billed as a separate item and both domain and hosting renewal is required to keep the site functional.
If the Client does not renew the Hosting or their domain name the domain name could be made available to the public for purchase.
You will lose your emails and website if you do not renew.