Web Design Terms and Conditions
The following Web Design Terms and Conditions Terms and Conditions apply to Web Design Projects and associated services, including website design, website updating, website hosting and website maintenance. Please note that separate documents titled “SEO Terms and Conditions” are relevant to On-page optimisation, Off-page optimisation, Technical Optimisation and Local SEO.
Kindly note that if you wish to purchase Maintenance Service, please refer to Clause 17 Maintenance Service of the agreement. Similarly, if you are in need of Hosting Service, please refer to Clause 18 Hosting Service. We highly recommend reviewing these clauses thoroughly to ensure that you fully understand the terms and conditions outlined for these services. If you have any questions or concerns, please do not hesitate to reach out to us for further clarification.
This Contract is entered into between Easy Marketing Ltd and your company (hereinafter referred to as “Customer”) on the day you complete the Services Specification. Easy Marketing will provide Customer with Website Services as
described in this Contract.
1.Definitions
For these Web Design Terms and Conditions, the following definitions apply:
- Business Day: any day that is not a public holiday or weekend in England, during which banks in Leeds are open for business.
- Source Code: Refers to the computer programming code for website development or website upgrade services provided by Easy Marketing Ltd.
- Conditions: Refers to these terms and conditions, which are subject to modification by Easy Marketing Ltd based on market conditions.
- Contract: Refers to the detailed list of services signed between Easy Marketing Ltd and the Customer, along with these terms and conditions and any email correspondence, which collectively constitute the contract for website design and development.
- Completion: the Date on which Easy Marketing Ltd notifies the Customer that the Site is complete and ready for approval by the Customer.
- Customer: the individual or company that purchases Services from Easy Marketing Ltd.
- Deposit: The sum of money the customer shall pay to Easy Marketing Ltd prior to the commencement of the Service.
- Force Majeure Event: any event beyond the reasonable control of the affected party, including but not limited to industrial disputes involving third parties, government regulations, fire, flood, disaster, civil riot, or war.
- Intellectual Property Rights: This refers to all types of intellectual property rights, registered and unregistered, including patents, inventions, copyrights, trademarks, business names, domain names, designs, database rights, and rights to protect confidential information such as trade secrets and know-how. It also covers associated rights, such as the right to sue for passing off and the right to renew or extend these rights through applications.
- Materials: refers to all content provided by the Customer to Easy Marketing Ltd for inclusion in the Site, including, but not limited to, text, video, graphics, and any pre-existing content on the Site.
- Easy Marketing Ltd:refers to Easy Marketing Ltd, a registered company in England and Wales with company number 14020630 and registered address at 56 Dawlish Mount, Leeds, England, LS9 9DY.
- Project: refers to the Services provided by Easy Marketing Ltd to the Customer as per the terms of the Contract.
- Services: refers to the design and development services to be provided by Easy Marketing Ltd to the Customer, following the Services Specification.
- Services Specification: refers to the written description or specification for the Services agreed upon by the Customer and Easy Marketing Ltd as part of the Contract, please refer to Website Services Specification .
- Site: refers to the Website developed, designed, and/or enhanced by Easy Marketing Ltd for the Customer under the Contract.
- Site Visitors: refers to any individual who visits the Site.
2. Supply of Services
2.1 Easy Marketing Ltd will provide the Services to the Customer following the Services Specification to the best of its abilities, describe the detailed service covered in the Contract.
2.2 Easy Marketing Ltd reserves the right to make any necessary changes to the Services to comply with applicable laws or safety requirements or which do not significantly impact the nature or quality of the Services. If such changes occur, Easy Marketing Ltd will inform the Customer.
2.3 This Clause apply to the new site design. After the Completion oof the Service, the Customer may request up to two minor revisions to the Site Specification (Customer Revisions), which Easy Marketing Ltd may accept or reject at its discretion. The Customer will be charged for any additional Customer Revisions. Before incorporating any Customer Revisions into the Site, Easy Marketing Ltd will provide the Customer with a cost estimate and obtain their approval. Easy Marketing Ltd will not be liable for any delays caused by incorporating Customer Revisions into the Site.
2.4 The Customer must pay the Deposit before Easy Marketing Ltd provides Services. Payment of this Deposit indicates acceptance of the quoted fee and all other terms. We kindly request that you review this section in conjunction with Clause 3 Deposit and Clause 9 Payment for a full understanding of this Clause.
3. Deposit
The Deposit amount is 50% of the total amount payable under the Contract unless the Contract specifies a different amount. Payment of the Deposit amount confirms acceptance of the quoted fee and all other terms of the Contract.
4. Site Content
4.1 The Customer assumes full responsibility for the Materials provided. Easy Marketing Ltd shall not be held responsible for proofreading the Materials unless explicitly agreed to in writing. It should be noted that Easy Marketing Ltd does offer proofreading and content creation services, which are subject to the Terms and Conditions for Digital Marketing Service, provided the customer has purchased such services.
4.2 Unless otherwise agreed in writing, Easy Marketing Ltd will only accept Materials provided in digital format and only up to the quantity limit specified in the Contract. Materials that do not match the Site Specification may be rejected by Easy Marketing Ltd or incur further costs.
4.3 If specified in the Contract,Easy Marketing Ltd will use any existing content on the Site that is included with the Materials (if available) to the best of their ability. However, Easy Marketing Ltd cannot guarantee that all existing content will be transferred into website contents and unless stated in the Contract, they are not obligated to enhance the provided content.
4.4 For a new website, Easy Marketing Ltd is only responsible for the content published after the website is built. Please note that Easy Marketing Ltd has no control over any comments posted by visitors on the website, and cannot monitor whether all customers’ websites comply with legal requirements. If the customer needs Easy Marketing Ltd to monitor the content of the website, the customer can purchase Easy Marketing Ltd ‘s website maintenance or SEO services. If the two parties cooperate, Easy Marketing Ltd will promptly notify the customer if any content on the website is damaging to the company’s reputation or affecting website traffic, and will delete inappropriate content from the website upon the customer’s consent.
4.5 Easy Marketing Ltd shall include only the Materials on the Site. The Customer acknowledges that Easy Marketing Ltd has no control over any content placed on the Site by Visitors and does not purport to monitor the content of the Site. Easy Marketing Ltd reserves the right to remove content from the Site where it reasonably suspects such content is Inappropriate Content. Easy Marketing Ltd shall notify the Customer promptly if it becomes aware of any allegation that any content on the Site may be Inappropriate Content.
4.6 The Customer shall indemnify Easy Marketing Ltd against all damages, losses, and expenses arising as a result of any action or claim that the Materials constitute Inappropriate Content.
4.7 Easy Marketing Ltd may include the statement “Designed by Easy Marketing Ltd” on the home page of the Site in a form to be agreed.
5. Construction and Delivery
5.1 Easy Marketing Ltd will use all reasonable endeavours to complete the Project within the time frame stated in the Service specification. However, time shall not be of the essence for the performance of the Services.
5.2 Easy Marketing Ltd shall not be liable for any delay to the Completion of the Project caused by the Customer
5.3 If Easy Marketing Ltd fails to complete the project, the compensation price cannot exceed the amount already paid under the contract. Easy Marketing Ltd is not liable for any losses resulting from force majeure events or the customer’s failure to provide sufficient materials leading to the failure to complete the project.
5.4 Within 3 days after the customer completes the acceptance and pays all amounts due under the contract, Easy Marketing Ltd will publish and deliver the website. Delivery may be made by live publishing or transferring website ownership to the customer.
6. Testing and Review of the Site
After completing the website design and development work, Easy Marketing Ltd will notify the customer to review the appearance and content of the website. If revisions are required, the customer must notify EM in writing within ten working days after the completion date; otherwise, the website will be deemed accepted and approved by the customer. The acceptance process follows Clause 2.3.
7. New Site Maintenance
7.1 Easy Marketing Ltd shall provide minor Site maintenance for the first two months after the Site goes live up to an average of 30 minutes per month including updating lines and making minor amendments to sentences and/or paragraphs (Site Maintenance Plan). Easy Marketing Ltd’s obligations under the Site Maintenance Plan do not extend to updating substantial text on the page, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by Customer repairs or web design projects delivered to the Customer via diskette.
7.2 The two-month period begins on the date of website delivery and handover to the Customer. If the Services Specification includes the use of Easy Marketing Ltd’s servers and modifications requiring access to server data are necessary, very minor page code changes may be accepted. For significant page code and/or database structural changes, the hourly rate of a senior UK programmer will be charged at the time of the request.
7.3 Easy Marketing Ltd is committed to providing high-quality maintenance services to our customers who have purchased Maintenance Services. Our maintenance services will be in accordance with the Service Specification agreed upon by both parties, ensuring that all aspects of the maintenance service are delivered to the highest standards. We understand that our customers rely on our maintenance services to keep their websites operating smoothly and efficiently, and we are dedicated to delivering reliable and efficient services that meet their needs. Please refer to clause 17 for Maintenance Services in detail.
8. Obligations of the Customer
8.1 The Customer acknowledges that the ability to provide the Services is dependent upon the complete and timely cooperation of Easy Marketing Ltd (which Easy Marketing Ltd agrees to provide), as well as the accuracy and completeness of any information and data the Customer provides to Easy Marketing Ltd. Accordingly, the Customer shall provide Easy Marketing Ltd with access to, and use of, all information, data, and documentation reasonably required by Easy Marketing Ltd for the performance of its obligations.
8.2 The Customer shall be responsible for the accuracy and completeness of the Materials on the Site following clause 4 Site Content.
8.3The customer shall approve the website after the website is launched. Easy Marketing Ltd will confirm the visual effect of the website with the customer during the website design and development to ensure that both parties agree on the appearance and features. If the customer changes their mind and requests substantial adjustments to the visual effect of the website outside the confirmed design, additional fees may be incurred.
8.4 The Customer shall provide Easy Marketing Ltd with all necessary details of significant changes to the Site’s functionality at the earliest opportunity. Substantial changes to the functionality of the Site will incur further costs.
9. Payment
9.1 The price for the Services shall be as specified in the communication emails and the Services Specification.
9.2 For any web site design order with a total value (excluding VAT) below £2,000, the Customer must pay the full value of the work in advance to the Easy Marketing Ltd before the work can commence.
9.3 If the total value (excluding VAT) of an order for web site design services is £2,000 or more, the Customer is required to pay a non-refundable deposit of at least 50% to Easy Marketing Ltd as per Clause 3 Deposit. The Customer must pay the remainder within 3 days after the website review.
9.4 Easy Marketing Ltd will raise invoices of deposit before the project starts and the project payment before the Completion of the Project. Easy Marketing will give the Customer access to the website for review before its completion. Invoices are sent by email, although the Customer may elect to receive hard-copy invoices.
9.5 The Customer shall pay each invoice submitted by Easy Marketing Ltd: (a) within 14 working days of the date of the invoice unless otherwise stated in the Contract; and (b) in full and cleared funds to a bank account nominated in writing by Easy Marketing Ltd, and time for payment shall be the essence of the Contract.
9.6 If the Customer fails to make any payment due to Easy Marketing Ltd under the Contract by the due date for payment, Easy Marketing Ltd may, at its sole discretion, suspend any ongoing work and Services. In addition, easy Marketing Ltd reserves the right to take down the Site until payment confirmation has been received.
9.7 If the Customer fails to make any payment due to Easy Marketing Ltd under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above Bank of England’s base rate from time to time. Such interest shall accrue daily from the due date until the actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
9.8 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. Without limiting its other rights or remedies, Easy Marketing Ltd may set off any amount owing to it by the Customer against any amount payable by Easy Marketing Ltd to the Customer.
10. Warranties
10.1 Each party warrants to the other that it has full power and authority to enter into and perform this agreement.
10.2 Easy Marketing Ltd shall perform the Services with reasonable care and skill.
10.3 Easy Marketing Ltd warrants that the Site will perform substantially in accordance with the Site Specification for two months from Completion. If the Site does not perform, Easy Marketing Ltd shall, for no additional charge, carry out any work necessary to ensure that the Site substantially complies with the Site Specification.
10.4 The warranty set out in clause 10.3 shall not apply to the extent that any failure of the Site to perform substantially in accordance with the Site Specification is caused by any Materials.
10.5 This agreement sets out the full extent of Easy Marketing Ltd’s obligations and liabilities regarding the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into this agreement or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.
11. Limitation of Remedies & Liabilities
11.1 Nothing in this agreement shall operate to exclude or limit Easy Marketing Ltd’s liability for (a) death or personal injury caused by its negligence, or (b) any breach of section 2 of the Supply of Goods and Services Act 1982 or (c) fraud; or (d) any other liability which cannot be excluded or limited under applicable law.
11.2 Easy Marketing Ltd shall not be liable to the Customer for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
11.3 Subject to clause 11.1, Easy Marketing Ltd’s aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with the Contract or any collateral contract, whether in Contract or tort (including negligence) or otherwise, shall in no circumstances exceed the total payable by the Customer to Easy Marketing Ltd under the Contract.
12. Indemnity
12.1 The Customer shall indemnify Easy Marketing Ltd against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Easy Marketing Ltd arising out of or in connection with:
- (a) The Customer’s breach or negligent performance or non-performance of the Contract and/or these Conditions;
- (b) the enforcement of the Contract and/or these Conditions;
- (c) any claim made against Easy Marketing Ltd by a third party arising out of or in connection with the provision of the Services to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract and/or these Conditions by the Customer its employees, agents or subcontractors.
13. Intellectual Property Rights
13.1 The Customer’s logos, trademarks, trade names, copyright materials, and the Customer’s Pre-existing Work will remain the Customer’s sole property. Easy Marketing Ltd agrees that the service mark [e.g., “Customer’s Web Site”], uniform resource locator (“URL”) [e.g., “www.example.com”], and the IP numeric equivalent will be obtained by and remain the sole property of the Customer. We agree to identify the Customer’s trademarks, copyrights, and other Intellectual Property Rights in the Web Site by including appropriate symbols and notices as reasonably requested by the Customer.
13.2 The Customer shall indemnify Easy Marketing Ltd against all damages, losses and expenses arising as a result of any action or claim that the Materials infringe the Intellectual Property Rights of a third party.
13.3 Easy Marketing Ltd shall indemnify the Customer against all damages, losses and expenses arising as a result of any action or claim that the Site infringes any Intellectual Property Rights of a third party in the UK, other than infringements referred to in clause 13.2.
13.4 The indemnities in clause 13.2, clause 13.3 and clause 4.6 are subject to the following conditions:
- (a) the indemnified party promptly notifies the indemnifier in writing of the claim;
- (b) the indemnified party makes no admissions or settlements without the indemnifier’s prior written consent;
- (c) the indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
- (d) the indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
13.5 The indemnities in clause 13.2, clause 13.3 and clause 4.6 may not be invoked to the extent that the action or claim arises out of the indemnifier’s compliance with any designs, specifications or instructions of the indemnified party.
14. Site Operation & Suspension of Services
14.1 Unless otherwise specified in the Contract, the security of the Site shall be the responsibility of the Customer not Easy Marketing Ltd. Any breaches of security may incur further charges to the Customer.
14.2 Unless otherwise specified in the Contract Easy Marketing Ltd shall only guarantee the correct behaviour of the Site when being viewed on current browsers. Long term compatibility with browsers cannot be guaranteed.
14.3 Unless otherwise specified in the Contract domain administration shall be the responsibility of the Customer not Easy Marketing Ltd.
14.4 Third party software used within the Project is not the responsibility of Easy Marketing Ltd to update.
14.5 If the Customer’s bandwidth usage reaches levels where it has an adverse effect on other customers of Easy Marketing Ltd, Easy Marketing Ltd reserves the right to disable and suspend the Site until the Customer reduces its bandwidth usage.
14.6 Easy Marketing Ltd reserves the right to suspend the Services in any case where the Customer fails to perform its obligations under the Conditions or the Contract.
15. Data Backup
15.1 Data stored on Easy Marketing Ltd’s servers is not guaranteed to be backed up. It is recommended that the Customer keeps an independent backup of all data stored on its virtual server. The Customer may not run server processes (e.g. talkers/IRC Bots) from its virtual server. Easy Marketing Ltd shall not be held liable for any loss or damage caused by the use or misuse, unavailability, or removal of services.
Explanation: Unauthorized or malicious use of talkers and IRC bots may pose some security issues. For instance, hackers may use IRC bots for attacks or to spread malware because they can automate various tasks on the network. Additionally, if IRC bots are abused, they may affect network performance and reliability, leading to service interruptions and other issues. We recommend that customers use web-based online chat tools instead.
15.2 Easy Marketing Ltd offers professional maintenance services, including website updates and backup copy creation, in accordance with the Contract specifications. These services are provided separately from website design.
16. Source Code
16.1 Ownership of Website and Domain Name belongs to the Customer. But the codebase used to construct all of our websites is developed exclusively in-house. In the event that the Customer decide to discontinue using Easy Marketing Ltd’s services, it is the Customer’s responsibility to arrange for the replication or recreation of the Customer’s Website on an alternative system. Easy Marketing Ltd do not offer access to the source code of the content management system.
16.2 All rights to the Web Site and any materials provided by Easy Marketing Ltd, which are not explicitly granted to the Customer under Clause 4, are reserved by Easy Marketing Ltd. The Customer is prohibited from and should not assist, authorize or encourage any third party to:
- Use or transmit the Web Site to any other web site or network not owned by Easy Marketing Ltd.
- Attempt to reverse engineer, decompile, disassemble the Web Site or any related Source Code or trade secrets.
- Distribute, license, rent, sell, lease or transfer the Web Site.
- Modify or create derivative works based on the Web Site.
- Remove, obscure or alter any notice of copyright, trademark or other proprietary notices present on or in the Web Site.
It is important to note that Easy Marketing Ltd retains ownership of the Web Site and related materials unless specifically granted to the Customer under Clause 4. The Customer is strictly prohibited from engaging in any unauthorized actions that may infringe upon Easy Marketing Ltd’s intellectual property rights.
17. Maintenance Service
17.1 Easy Marketing Ltd shall provide maintenance services for the website as per the Service Specification if the customer purchases Maintenance Services.
17.2 The scope of website maintenance shall include the following:
- (a) Regular website backups to ensure data security;
- (b) Plugin and theme updates to ensure the website is up to date with the latest technology and security standards;
- (c) Database optimization to improve website performance and speed;
- (d) Content updates, including text, images, and videos as per the customer’s request, the cost of each updating will be specified in the Services Specification;
- (e) Monitoring and fixing broken links and errors;
- (f) Fixing technical issues, bugs, and errors that may arise due to website updates or other reasons;
- (g) Providing technical support to the customer through phone, email, or other means of communication;
- (h) Implementing security measures to protect the website from cyber threats;
- (i) Regular website security scans to identify and address any vulnerabilities;
- (j) Website performance monitoring and optimization to ensure fast loading times and user experience.
17.3 The customer acknowledges that any changes made to the website by the customer or a third party not authorized by Easy Marketing Ltd may affect the website’s performance and functionality. In such cases, any additional maintenance services required to address such issues shall be charged at an additional fee.
17.4 If the client has not purchased maintenance services and has not regularly backed up or taken website security measures as advised by Easy Marketing Ltd, Easy Marketing Ltd shall not be responsible for any potential data loss or other damages that may occur.
17.5 The customer shall notify Easy Marketing Ltd of any website-related issues promptly, and Easy Marketing Ltd shall use its reasonable endeavors to resolve such issues within a reasonable time.
17.6 The customer agrees to provide Easy Marketing Ltd with all the necessary information and access to the website and relevant hosting and domain accounts required to perform maintenance services.
17.7 The customer acknowledges that website maintenance services do not include website design or redesign, website development, or any other services not explicitly mentioned in the Service Specification.
17.8 Easy Marketing Ltd may modify the scope of website maintenance services at any time with notice to the customer. Any modifications shall not affect the quality of the maintenance services or increase the cost to the customer unless otherwise agreed upon by both parties.
18. Hosting Service
Clause 18 outlines the obligations of Easy Marketing Ltd in connection with hosting the Customer’s Web Site. Specifically, Easy Marketing Ltd shall:
18.1 Provide all necessary facilities, equipment, online staff, and services required to host, operate, manage, and maintain the Web Site in accordance with the terms of this Agreement and all applicable laws and regulations.
18.2 Configure, install, house, maintain, monitor, and operate all computer equipment, servers, software, network equipment, and other components in a commercially reasonable manner designed to maximize their reliability and security.
18.3 Use reasonable efforts to protect the Web Site from unauthorized interruptions, viruses, and outside attacks by installing appropriate firewalls, backup systems, and other protective devices.
It is important to note that Easy Marketing Ltd is committed to ensuring the security and reliability of the Web Site in accordance with industry best practices and all applicable laws and regulations. The Customer can trust that Easy Marketing Ltd will take all necessary steps to protect the Web Site from unauthorized access or malicious attacks.
18.4. As per the terms of this Agreement, the Customer is responsible for paying a yearly fee to Easy Marketing Ltd for hosting the Web Site, as specified to Website Services Specification and in accordance with the terms and conditions outlined in this Agreement. It is important to note that this fee excludes any costs associated with content management system updates or domain name registration.
18.5 Under this Agreement, Easy Marketing Ltd reserves the right to change the price of hosting services upon providing one month’s written notice to the Customer. Additionally, the Customer has the option to change their hosting requirements at any time, and we will adjust the fees accordingly.
18.6 It is important to note that all fees due to Easy Marketing Ltd must be paid in full without any set off or deduction. Failure to pay fees by the due date may result in suspension or termination of hosting services. We highly recommend prompt payment to ensure uninterrupted service.
19. Termination
19.1 The Contract can be terminated by either party with 30 days written notice. Easy Marketing Ltd can terminate the Contract immediately if the Customer fails to pay on time. Easy Marketing Ltd can also terminate the Contract immediately if the Customer:
- (a) Can’t pay debts
- (b) Negotiates with creditors to reschedule debts or compromise arrangements
- (c) Has a winding-up petition filed or order made against it
- (d) Has an administrator appointed or notice of appointment given over it
- (e) Has an administrative receiver appointed by the holder of a charge over its assets
- (f) Has a receiver appointed over its assets
- (g) Becomes bankrupt
- (h) Has a creditor take possession of or enforce any process on its assets, and it’s not discharged within 14 days
- (i) Has an equivalent event occur in any jurisdiction
- (j) Suspends, ceases, or threatens to cease carrying on its business
- (k) Its financial position deteriorates to an extent where Easy Marketing Ltd believes it can’t fulfill its obligations under the Contract
- (l) The Customer dies or becomes incapable of managing their own affairs
- (m) Any warranty given by the other party in clause 10 is found to be untrue or misleading.
19.2 On termination of the Contract for any reason:
- (a) the Customer shall immediately pay to Easy Marketing Ltd all of Easy Marketing Ltd’s outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has yet been submitted, Easy Marketing Ltd shall submit an invoice, which shall be payable by the Customer within 10 working days of receipt;
- (b) the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
- (c) Transfer of products and services: We may take into account the cost of migrating websites when pricing our design and development services. Therefore, if a website (or websites) is to be transferred to a third party and less than 6 months of hosting/support services have been paid for, we reserve the right to charge a website migration fee. Additionally, we may charge for the time it takes to compile files, databases, and assets. The website migration fee must be paid in advance of any transfer taking place.
20. Refunds
In the event of termination by the Customer per clause 19.1, if Easy Marketing Ltd has commenced work on the Project but has yet to be completed, only half the Deposit paid by the Customer under the Contract shall be refundable.
21. Force Majeure
Easy Marketing Ltd shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event. Suppose the Force Majeure Event prevents Easy Marketing Ltd from providing any of the Services for more than four weeks. In that case, Easy Marketing Ltd shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
22. Compliance with UK and EU Law
Customers shall be responsible for compliance with UK and European Union Laws for internet trading and the sending of unsolicited emails (Spam). The Customer’s failure to comply with the UK and EU law will result in the suspension of the Services.
23. General
23.1 General Terms
- (a) The Customer shall not disclose the Site or email password to any third parties and the Customer shall take all reasonable precautions to ensure that it is not discovered by any third parties. To protect the Customer’s privacy, Easy Marketing Ltd shall not distribute the Customer’s name to any third parties.
- (b) Customers shall not engage in any form of unsolicited bulk emailing or spam.
- (c) When the Customer’s account is closed, all files (including web pages, etc.) shall be deleted.
23.2 Assignment and Other Dealings
- (a) Easy Marketing Ltd may at any time assign, transfer, mortgage, charge, subcontract, or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party.
- (b) The Customer shall not, without the prior written consent of Easy Marketing Ltd, assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.
23.3 Severance
- (a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
- (b) If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
23.4 Variation
Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by Easy Marketing Ltd.
23.5 Governing Law & Jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation.
23.6 Arbitration
Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the rules of the British Arbitration Association. The place of arbitration shall be Leeds, United Kingdom.
The language of the arbitration shall be English. The award rendered by the arbitrator(s) shall be final and binding upon the parties, and judgment upon the award may be entered in any court having jurisdiction thereof. The parties agree to abide by and perform any award rendered by the arbitrator(s). The costs of arbitration shall be shared equally between the parties, unless the arbitrator(s) determines otherwise.
Appendix
In accordance with UK laws, we would like to inform you that if you request that the performance of services begin during the cancellation period, you are required to pay us an amount which is proportional to the services that have been performed until the point you communicate your decision to cancel the contract. This proportionate payment will be based on the amount of work completed and the agreed upon terms of the contract.
It is important to note that once you have communicated your decision to cancel the contract, we will reimburse you any amount you have paid above this proportionate payment. We strive to maintain professional standards in all aspects of our business and aim to provide transparent and clear communication with our clients.
Web Design Terms and Conditions | Termination Form
If you want to cancel your contract of sale with us you may use this form and email or post it back to us at the address below.
To: hello@easymarketing.uk
I hereby give notice that I cancel my contract of the following services:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Ordered on(Original Contract): ______________________________________
Customer name: ______________________________________
Customer email or address: ____________________________________________________________________________
Signature (only required if you are returning a hardcopy of this form):
______________________________________
Date: ______________________________________
