Terms of Use

Acceptance of terms

Welcome to Website Department. This website is owned and operated by Kingsley & Garrett Ltd. By accessing or viewing any of the content of the website websitedepartment.co.uk, or using any of Website Department’s services, you agree to be bound by the Terms of Use set out herein and you accept our privacy policy below. If you object to any of the Terms of Use set out in this agreement you should not use any of our products or services and leave immediately.

Updates

These Terms of Use are effective as of 5th March 2016.

We reserve the right to change any part of these Terms of Use. We will notify our existing customers of any change to these Terms. Your use of the website will be deemed as acceptance of this agreement. We advise visitors to regularly check our Terms.

We have complete discretion to modify or remove any part of this site without warning or liability arising from such action.

WordPress automated backups

If you open a WD WordPress automated backup account with us, the registration information you provide must be accurate, complete, and current at all times. Failure to do so may result in immediate termination of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Do not reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account and passwords and for all activities that occur on or through your account, and you agree to immediately notify us of any security breach of your account. We shall not be responsible for any losses arising out of the unauthorized use of your account.

Service availability

Our services are available only to legal entities and to individuals who are at least 18 years old.

WordPress

This website is not affiliated with the WordPress Foundation or Automattic, Inc.

Payment

You agree that you will pay for our services, and any third party services that we may promote, within 14 days of receipt of an invoice from us.

Support and development time, beyond any that may be included in any agreed monthly package, will be billed at an hourly rate. If you are not on a monthly package, support and development can be arranged at a rate to be agreed in advance.

Prices for our services may change at any time at our sole and exclusive discretion. Existing customers will be notified of the date upon which new prices take effect.

Description of Services

We provide a website design and development service for your website, and can advise on, configure and operate third-party software for your website and email marketing campaigns. We may additionally provide an automated service to back up, protect and keep up-to-date your WordPress website. We do not back up emails.

We do not guarantee uninterrupted availability of the websitedepartment.co.uk site and cannot provide any representation that using the site will be error free. We reserve the right to amend, suspend or discontinue the availability of the site or our service or to remove any content at any time without prior notice.

Getting Support

Support is requested by emailing hello@websitedepartment.co.uk.

Your support requests are subject to our approval. We will respond in a timely manner. The effort required is exclusively determined by us. Phone support and email support do count as development time. We will usually keep the same developer assigned to an individual project throughout.

Privacy Policy

We respect the privacy of all website visitors.

Be aware that information communicated online could be detected by third parties. Any information you send to us is at your own risk.

We are committed to ensuring that information we hold about you is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

We do not store credit card details nor do we share customer details with any third parties unless we consider it necessary to enable us to provide our services to you or to prevent and detect crime.

We reserve the right to gather information relating to your usage on this website. Any information we gather is for internal use only, to allow us to ultimately improve our customer service.

Cookies

What are cookies?

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Disabling cookies may disable some functionality on websites you visit.

We use Google Analytics on our site in order to know what is of most interest to our visitors. Personal information is not collected in this process.

How do I change my cookie settings?

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.

To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

Third party links

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Information held

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you, please write to [address, inc. email] and provide proof of identification. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

Updates

We reserve the right to change any part of this privacy policy without notice and your use of the site will be deemed as acceptance of this agreement. We advise users to regularly check this page to ensure that you are happy with any changes.

Cancellation / termination

You agree that we may, at our sole discretion, terminate or suspend, at any time, your access to all or part of the site or the services we offer, with or without notice to you, in the event of your breach of these Terms of Use.

You agree that we may, at our sole discretion, terminate your account and access to all or part of the site or the services we offer, if we give 10 business days’ notice to you.

Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate legal authorities. After termination or suspension, regardless of the reason, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account, if you have one, and all related information and files in your account. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

You may cancel at any time by contacting us and giving notice of at least 2 business days. Once your account has been cancelled, we will delete all passwords and any other personal data we may hold, including any site backups, within 14 days. If you wish to receive a copy of your most recent site backup, you must notify us at the point of cancellation and we will provide the backup to you within 14 days after cancellation. The fee for providing this final backup copy to you is £50 and we may reasonably ask to be paid in advance before releasing it to you. You understand that it may not be possible for us to provide you with a final backup file, in which case the £50 fee will not apply.

Refunds

We maintain a policy of no refunds for backup or subscription services, or any of our monthly packages, due to their month-to-month cancel any time nature. We do reserve the right to issue a refund on a case-by-case basis at our sole discretion for any work of any nature that we complete.

We do not provide refunds in the event of a price reduction or promotional offering.

Your responsibilties

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’’s use and enjoyment of the site or our services. Users who violate systems or network security may incur criminal or civil liability and you acknowledge that we will cooperate fully with investigations of violations of systems or network security.

You agree that you will not impersonate any person or entity, including any of our employees or representatives.

You agree to responsible use of your own website and email, and any account you may hold with us, including maintaining your own passwords securely. You will also be responsible for the contents of your website, including obtaining the legal permission for any proprietary rights-protected works included and ensuring that the contents of your site do not violate UK law.

You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s). We reserve the right to remove material deemed inappropriate or illegal from your web pages, without prior notice.

Passwords & Security

You are responsible for providing us with all necessary login and password information that we require to maintain your website and carry out any work. You authorise us to use this information where necessary, including third party software registration on your behalf, in order to provide our service.

Third parties

We use third party services

In order to provide our service to you, we may use third party services. As an example:

Amazon S3

We use Amazon’s S3 cloud for our secure automated backup service. This service is trusted by the biggest businesses the world over and is highly reliable.

You can read Amazon’s privacy policy here: https://aws.amazon.com/privacy/

You can read Amazon’s terms here: https://aws.amazon.com/terms/

Passwords

We take security seriously and for that reason we may use a secure service such as LastPass to store any essential login and password details that enable us to maintain our service.

You can read LastPass’s terms of service here: https://lastpass.com/terms-of-service/

You can read LastPass’s privacy statement here: https://lastpass.com/privacy-statement/

We reserve the right to change which third party services we use and not to give notice to you of that change.

Third party links

Our site may have links to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by third parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, legality, copyright compliance, decency, or any other aspect of the content of such sites.

Third party tools / plugins

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Third party offers

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

Disclaimer, limitation of liability

By using our website, you understand and agree that all services we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

  • the use of our services will meet your needs or requirements
  • the use of our site and services will be uninterrupted, timely, secure or free from errors
  • the information obtained by using our resources will be accurate or reliable, and
  • any defects in the operation or functionality of any resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  • any content downloaded or otherwise obtained through the use of our site and services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  • no information or advice, whether express, implied, oral or written, obtained by you from us or through any resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms of Use.

You expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. We will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

We will not be responsible for any damages your business may suffer and we make no warranties of any kind, express or implied for services we provide. We disclaim any warranter merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, viruses and any and all service interruptions caused by us and our employees.

Indemnification

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable solicitor’s fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

You agree to defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors fees asserted against us, our agents, clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by us, our agents, employees or assigns. You agree to defend, indemnify and hold us harmless against liabilities arising out of:

  • any injury to person or property caused by any products sold or otherwise distributed in connection with our services
  • any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party
  • copyright infringement
  • any defective products or services sold to you by us.

Severence

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

Governing law

This Agreement will be governed by the laws of England and any user of the site hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.

Contact

Kingsley & Garrett Ltd trading as Website Department.

Registered office:

10 Sycamore Court
Royal Oak Yard
London SE1 3TR

Company no. 10029958.

Email: hello@websitedepartment.co.uk