Customer Terms And Conditions

OUR TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES

  1. THESE TERMS
    1. What these terms cover. These are the terms and conditions on which we supply services and digital content to you. These terms, together with our Terms of Use and Privacy Policy, are applicable to the services we provide to you and form the contract between you and us.
    2. Why you should read them. Please read these terms carefully before you use our services. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. These terms constitute a binding and enforceable contract between us and you in relation to the use of our services or digital content.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are My Website Builder Ltd a company registered in England and Wales. Our company registration number is 11076411 and our registered office is at 33 Lyme Road, Crewkerne, United Kingdom, TA18 8HE.
    2. How to contact us. You can contact us by using the contact details on the ‘Contact’ page. Alternatively, you can email us at admin@mywebsitebuilder.co.uk.
    3. How we may contact you. If we have to contact you we will do so by writing to the email address you have provided us with. When we use the words “writing” or “written” in these terms, this includes emails.
  3. OUR CONTRACT WITH YOU
    1. Creating an account. In order to access and use our Services, you must first register and create an account with us (your “Account”) in accordance with our Terms of Use.
    2. Choosing your subscription. When you create an Account with us, you will be responsible for choosing the subscription package that you wish to purchase (your "Subscription").
    3. Our contract with you. Once you have successfully registered and created your Account and selected your Subscription, a contract will come into existence between you and us.
    4. If you buy or sell goods on our platform. You are entering into a contract with the seller or buyer (as applicable), not us. We are not selling goods and you cannot buy goods from us. It is your responsibility to read the terms and conditions of any seller on our platform.
  4. SERVICES WE PROVIDE TO YOU
    1. Our Services. We will provide you with a platform for creating, designing and publishing web pages and e-commerce shops and such other services as we may provide from time to time (our "Services").
    2. Providing our Services to you. We will, during the Subscription Term, provide Services to you on these terms.
    3. When our Services are available. We will use reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for planned maintenance or unscheduled or emergency maintenance carried out at any time.
  5. YOUR SUBSCRIPTION
    1. You can change your Subscription at any time. You may change your Subscription at any time by accessing your Account. The change in your Subscription shall take effect from the start of the subsequent month of the Subscription Term.
    2. We grant you a right to use the Services. Subject to you creating an Account and purchasing a Subscription in accordance with clause 3.1 and 3.2, we give you a non-exclusive, non-transferable right, without the right to grant sublicences, to use the Services and digital content during the Subscription Term.
  6. TERM OF YOUR SUBSCRIPTION
    1. Term of your Subscription. Your Subscription will commence immediately on the date you select your Subscription for an initial period of 30 days and it shall automatically renew on a month by month basis until it is terminated in accordance with the terms and conditions (the "Subscription Term").
  7. PROVIDING THE SERVICES AND DIGITAL CONTENT
    1. When we will provide our Services and digital content. We will supply the Services or digital content to you until the expiry of the Subscription Term.
    2. Reasons we may suspend our services. We may have to suspend the supply of Services or digital content to:
      1. deal with technical problems or make minor technical changes;
      2. update the Services and digital content to reflect changes in relevant laws and regulatory requirements; and
      3. make changes to the services and digital content as notified by us to you.
    3. Your rights if we suspend our Services. We will contact you in advance to tell you we will be suspending the Services or digital content, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than one week in any calendar month we will adjust the price so that you do not pay for the Subscription while Services are suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one week and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
    4. We may suspend the Services or digital content if you do not pay. If you do not pay for your Subscription when you are supposed to, we may suspend the Services or digital content and may deactivate your Account until you have paid us the outstanding amount. As well as suspending the Services we can also charge you interest on your overdue payments (please see clause 12.4).
  8. INTELLECTUAL PROPERTY
    1. We own all intellectual property rights in the Services. Except as stated in these terms, we do not give you any rights to any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services provided by us.
    2. We grant you a right to use our Services. Please see clause 5.2 for further information.
    3. You own all intellectual property subsisting in your User Content. You warrant that you own all intellectual property rights in and to any content uploaded by you, or imported, copied or uploaded using our Services ("User Content"). Otherwise you must have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access, import, copy, use, publish, transfer or license the User Content.
  9. YOUR RIGHTS TO END THE CONTRACT
    1. You can end your contract with us. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
    2. How to let us know if you want to cancel the contract. To exercise the right to cancel, you must inform us of your decision to cancel this contract accessing your Account at and following the instructions. You may also use the attached cancellation form via email, but it is not obligatory. You can also electronically fill in and submit cancellation form or any other clear statement on our website www.mywebsitebuilder.co.uk. If you use this option, we will acknowledge receipt of the cancellation by email.
    3. How we will pay reimbursements. If you cancel this contract within 14 days, we will reimburse to you any payment for any Subscription received from you. We will make any reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used to pay for the Subscription in accordance with clause 13.
    4. You must pay us for the Services until you tell us that you want to cancel the contract. If you requested to begin the performance of Services during the cancellation period, you will pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
    5. You can end the contract at any time after the 14 days. Even if we are not at fault and you want to cancel the contract after 14 days, you can still end the contract. You have a right to cancel your Subscription by accessing your Account at any time, in accordance with our Terms of Use.
  10. OUR RIGHTS TO END THE CONTRACT
    1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
      1. you do not make any payment to us when it is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or
      3. you do not comply with the intellectual property rights provisions in clause 9.3.
    2. You must compensate us if you break the contract. If we end the contract in the situations we will refund any money you have paid in advance for the Services and digital content we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    3. Disabling your account. On termination of the contract by you or us, we may, without liability to you, disable your password, Account and access to all or part of the Services.
  11. CHARGES AND PAYMENT
    1. For full access to our Services, you need to pay a fee for your Subscription. The use of the Services will be subject to payment of an on-going monthly Subscription fee. The amount of the applicable Subscription fee is set out on our website when you created an Account.
    2. If you sell goods on our platform, there will be a charge for all goods sold by you. We will take a commission on all goods sold via our platform. The amount of the commission may vary from time to time and we will inform you on our website.
    3. When you must pay and how you must pay. We accept payment with Visa Debit, Visa Credit, MasterCard Debit and MasterCard Credit ("Payment Card"). You must pay for the Subscription in accordance with this clause, before we start providing the Services to you. All payments on our website are processed by a third party provider, and are subject to clause 11.7.
    4. Your Subscription will automatically cancel if you fail to pay us. If you have selected a paid Subscription package and you fail to pay us any monthly Subscription fee, we will automatically suspend your Account without notice. You will still be able to access non-fee paying Services. You can re-activate your Subscription at any time by paying the Subscription fee and your Subscription will be deemed to have commenced for the purpose of clause 6.1.
    5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    6. We will use the credit card or debit card details for future payments. You will provide us with valid, up-to-date and complete details for the Payment Card and any other relevant valid, up-to-date and complete contact and billing details and, if you provide us with your Payment Card details, you authorise us or Stripe, to bill the Payment Card for the Subscription amount payable in respect of the Subscription Term.
    7. You agree to the Stripe Services Agreement. Payment processing services are provided by a third party provider, Stripe, and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to use our Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of us enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.
    8. Charges are exclusive of VAT. All amounts and fees stated or referred to in these terms shall be payable in pounds sterling and are exclusive of value added tax.
  12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
    3. We will not be liable for damage which you could have avoided. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    4. We are not liable for business losses. If you use the Services or digital content for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  13. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. Please see our Privacy Policy. Please refer to the Privacy Policy for details about how we collect and use your personal information.
  14. OTHER IMPORTANT TERMS
    1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
  1. CANCELLATION FORM

    To: My Website Builder LTD, 33 Lyme Road, Crewkerne, United Kingdom, TA18 8HE

    I………………………………………………… hereby give notice that I cancel my Subscription for the supply of Services.


    Name of Customer: …………………………………………………

    Address of Customer: …………………………………………………

    Signature: …………………………………………………

    Date: …………………………………………………

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