Terms & Conditions
- A ‘Project’ is any work undertaken or service provided by Websites Are Us for the client on their request and as described in our confirmation order email to that client.
- A ‘Client’ is a person, persons, business or organisation using any of the services provided by Websites Are Us.
- ‘The Payment Period’ shall be the time allowed by Websites Are Us for receipt of all monies owed to Websites Are Us by the client.
- ‘Live Mode’ will be from the date the website is available on the clients chosen domain.
- ‘Domain’ is the website address as specified by the client.
- ‘Services’ is any product or service provided to the client.
- ‘Hosting’ is a yearly cost to keep a clients website activated online.
- ‘Content’ is both text and images that the client requires on the website.
Terms & Conditions
- The contract between Websites Are Us and the client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing. Please read these terms and conditions carefully. By accessing this website and paying for our services you agree to be bound by the terms and conditions below. These terms and conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this website.
- The works to be carried out shall be as set out in the Websites Are Us confirmation order email. Once the deposit is received by Websites Are Us, this contract becomes legally binding and all monies owed for the work carried out must be paid in full on completion and handover.
- Websites Are Us will only commence work on a project after receipt of 50% deposit of the quoted project fee from the client (unless otherwise stated). The final 50% payment is to be made on completion of the website/project. The website will be switched to live mode or project files handed over once the clients remaining balance is paid in full.
- All electronic transactions are carried out via PayPal. The service providers are responsible for the security of cardholder data. If a client chooses our monthly management services or yearly renewal of any service which Websites Are Us provides, the full amount will be debited on a recurring timely basis using the registered card details held at Paypal. If a client wishes to cancel automatic renewal charges, a written confirmation is required 30 days before the renewal of any allocated services.
- The deposit paid to Websites Are Us covers the cost of design work carried out. It is not possible to refund a deposit once Websites Are Us have started the design if the client wishes to cancel the project. Websites Are Us reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Websites Are Us but possible providing Websites Are Us decide upon this option. Once the client has approved the second stage of the development, which is the creation of screen captures and approval of the third stage, which is the development of the website, then the client is fully liable to pay for the complete amount of the project cost agreed on the order invoice. If a project is cancelled or postponed, all outstanding payments for all work completed beyond what was already paid for shall be paid by the client.
- Websites Are Us shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally within UK law. It is important that the website is not in any way illegal. Any content including, images, text, logo or business identities copied from another website and supplied to Websites Are Us for use on their website is strictly prohibited, and in any such case, Websites Are Us are not liable for this as the client will take full legal responsibility.
- Where images used on the website have been provided by Websites Are Us during the development stages of the website need to be replaced with the clients own imagery or the appropriate licence purchased to use them on the website. Websites Are Us are not liable for misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organisations.
- If clients choose to host the website development we have created on their own servers or third party hosting servers, then all the minimum hosting requirements of the platform have to be met in order for the website to work correctly. If required, Websites Are Us can provide hosting services at an additional cost for the project, in doing so we will endeavour to provide a reliable and professional service to the client at all times with a 99.9% uptime guarantee.
- Websites Are Us cannot be held responsible for anything adversely affecting the client’s business operation, sales, or profitability that they might claim is a result of a service provided by Websites Are Us.
- Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.
- All images displayed on the client’s website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR Websites Are Us, they will be the sole responsibility of the client. If the client uses third party software, components, plugins for any section of the development including open source scripting, then it is the clients full responsibility to check the validity of the item/s. Websites Are Us will integrate as per the client request any third party scripting at an agreed cost, but shall not be liable for any errors, configuration faults or functional aspects of these modules. The same principle applies to modules or scripting we have implemented onto the development, if for any reason future errors occur in its functionality after its been deployed in live status or requires future upgrades, then the client is fully responsible for checking and monitoring the website on a regular basis. Our team would be available to investigate any technical issues and resolve problems at an agreed cost.
- Websites Are Us own all design and code of the website until final payment has been received in full. Once final payment is received, the client will then own the design and code of the website. CMS – custom control panel access and email set up is only gained by the client once full payment is received for the project. The details are then handed over to the client. Websites Are Us will ensure the website will be working fully from both the frontend/backend on handover. If the hosting servers are not with Websites Are Us but a 3rd party company, Websites Are Us need full access to the server including any additional third party services the client is using in order to make any modifications safely to enable the website to functional optimally. Websites Are Us shall not be liable for any loss of data, downtime, loss of business costs or expenses for any changes made to a 3rd party service which is out of Websites Are Us’s control.
- Websites Are Us’s CMS platforms including WordPress prices and upgrades can change at anytime. Websites Are Us shall inform the client of any upcoming changes in writing, typically 14 days before any new price or contract changes. This also applies to all clients data/websites not hosted with Websites Are Us but makes use of the platform. If Websites Are Us notices any security or vulnerability risks to its CMS platform, then it has all rights to upgrade and change the CMS to secure its operation and Intellectual Property rights. If any errors occur during the use of the CMS or if the client deletes/destroys content whilst saving or using the CMS in any way, then it is the clients sole responsibility to have backups in place before editing so they can revert back to previous versions.
- The Client agrees to indemnify, defend and hold Websites Are Us and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including solicitor’ fees, made by any person arising out of Client’s violation of this Agreement, or any other person’s rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Websites Are Us or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages. In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Client’s remedies under this Agreement fail, then Client expressly agrees that under no circumstances will the total, aggregate liability of Websites Are Us and its third party service providers, employees, distributors, agents or affiliates, to Client or any party claiming by or through Client for any cause whatsoever exceed the deposit or entire project cost, regardless of the form of action and whether in contract, statute, tort or otherwise.
- Websites Are Us may from time to time employ freelance designers to cope with the demand of our web design/graphic and programming services. Should any legal issues or claims arise from the website/graphic development or copyright of any images/videos/scripting supplied to the client, it is the sole responsibility of the freelance designer and not Websites Are Us as a business.
- Any domain names registered by Websites Are Us will be registered to the Websites Are Us trading address. Although the domain names are registered to Websites Are Us , the client is the legal owner of the domain and if they request to have the details changed or the domain transferred elsewhere, Websites Are Us will do this within a reasonable time.
- All new registered domain names by Websites Are Us will have an expiry date after 1 year of being activated. It is the responsibility of the client to renew their domain names when due. If a domain name expires, Websites Are Us can not be held liable for this. However, Websites Are Us will make reasonable effort to contact the client regarding domain renewal.
- Websites Are Us will guarantee to submit your completed web site to the Google search engine. Please note, there is no guarantee on how long it will take in total for your site to be included, it usually takes from 6-8 weeks but it could take longer depending on the search engine crawlers. Where clients opt for our monthly managed SEO optimisation campaigns, in accordance with Google terms of operation, there is no priority submit for Google, meaning “No one can guarantee a #1 ranking on Google”. Websites Are Us implements the tried and tested SEO techniques to successfully gain our clients higher page ranks, yet this is also subject to Google’s indexing results and Websites Are Us shall not be held liable for the final results. If clients wish to cancel any of the SEO or PPC services we provide, then Websites Are Us will need 30 days written confirmation prior to the renewal date to cancel the subscription service.
- When a client renews “hosting” with Websites Are Us, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting or domain, the domain name could be made available to the public for purchase and Websites Are Us can not be held liable for this. Websites Are Us will provide a 99.9% uptime guarantee of our hosting servers including our CMS Hosting Platform, this does not include planned maintenance procedures or DOS Attacks that can infiltrate a data centres hosting platform and would require urgent action, which can lead to prolonged down time out of Websites Are Us control. Websites Are Us shall not be liable for any loss of data if the client makes accidental changes to any part of their service with us, or as a result of DOS or virus attacks.
- Renewal of “hosting” is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the client. The “hosting” will not be renewed if we cannot contact the customer or the customer requests for us to not host this site.
- The hosting renewal charge, including the CMS platform renewal fee must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting or CMS use has expired and the client has not paid the renewal charge. There will be an admin fee set by Websites Are Us for reactivating the website / hosting. If the client wishes to terminate the hosting or domain and transfer it to another provider, Websites Are Us will do this for a specified admin fee at the time of the transfer. It is the sole responsibility of the client to renew services on time. If the overdue payment is not made within 60 days after the due date, the data centre has full authority to terminate all associated files and this process will become irrecoverable. If a client wishes to cancel any of the hosting, domain or CMS services, then Websites Are Us will need a 30 days written confirmation prior to the renewal date to cancel the service.
- If the client does not use Websites Are Us hosting services then the management and hosting of the domain name are the full responsibility of the client. If the client provides us the information for their own chosen hosting with an alternative provider, they must assure all FTP details are correct and relating to the website we have created for them. If any errors occur during the upload or download via the clients server, or if any personal data related/unrelated is corrupted or destroyed, Websites Are Us are not liable for this.
- Websites Are Us has no control of, or responsibility for, the content of our client’s web sites. In no way does the textual or image based content of our client’s web sites constitute Websites Are Us endorsement, or approval of the web site or the material contained within the web site. Websites Are Us has not verified any of the materials, images or information contained within our client’s web sites and is not responsible for the content or performance of these sites or for the client’s transactions with them. Websites Are Us provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.
- If additional future updates are requested by the client after the website is made live, then we will quote for these requirements at the time of the request. All update invoice/s have to be paid in full before they can be scheduled in to be completed.
- Spotlight member discount is only applicable if the current standard web design package does not have a seasonal offer. It cannot be used in conjunction with any other offer.
- If a domain name is purchased by the client through a company other than Websites Are Us, the client has full responsibility in making sure that the domain name is renewed when due. Websites Are Us will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Websites Are Us.
- Until full payment has been made, Websites Are Us retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. Websites Are Us retains the right to use the completed project and any preliminary designs for the purpose of future publications on design, marketing materials and portfolio.
- The designer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors or website functionality errors contained in the final product. It is agreed that the designer or Websites Are Us is not responsible or held liable for any errors contained in the final product after the final product has been published in view of the public and handed over to the client.
- Advanced after care support will be provided for a period of 7 days once the website is made live. This includes cms, ecommerce, domain, email and hosting related support. After this period, the advanced Websites Are Us support service is discontinued and replaced with 24/7 free email and ticketing support to all clients requiring technical support. We will endeavour to respond to tickets within a 24 to 48 hour time period, however this is subject to change depending on the ticket list. If the client wishes to continue Websites Are Us advanced technical support including phone support, then a monthly or yearly or per incident support fee will be made available. Any advance technical requirements, including upgrading server software, requesting server modification or any site changes to the server will be chargeable as a premium service. If clients accounts have overdue or pending invoices, these payments will need to be cleared for support to continue.
- All correspondence and documents provided will be treated as confidential between the client and the designer, unless both parties involved have granted consent
Website Maintenance Subscription & Fees
You must register on WEBSITESAREUS.CO.UK to use the Services, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services.
If you sign-up for one of our Paid Plans, you agree to pay the monthly subscription and any variable usage-based fees, if any, for the account type you have selected and agree to any applicable restrictions and quotas. If you use Stripe or a credit card for payment, you authorise Websites Are Us to automatically renew your monthly subscription and charge the then-current renewal fees to the Stripe account or credit card associated with your account. You may cancel your subscription prior to the next billing date to avoid future charges. Service will continue until the end of the current billing period, but no Service fees will be refunded for the current billing period. If you exceed any quota allocated to your account, such as the maximum file size allowed for backups, you will be notified via email and you must upgrade immediately to another type of account with a higher quota. Websites Are Us may cancel your subscription if you fail to upgrade within 7 days of being notified that you have exceeded your allowed quota.
If you have signed up for a Paid Plan, any discounts agreed upon with your order will be honoured throughout the period specified by your plan. If the account owner fails to pay for services within five days of the payment due date or discontinues a Paid Plan, any and all discounts applied to the user’s account in past payments will not be applied to future payments.
Prices of all subscriptions and products, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from us.
All Website Design plans have a 12 Month subscription. You will be tied into this for a minimum of 12 months. After this time you are free to move the website to a different hosting provider or continue on one of our month by month plans.
We can only remove Malware and viruses from your website for FREE after you have been a paid member for at least 24 hours. During the first 24 hour period of being a member, if your site is infected, we can clean your site for a one time fee of $99. It is required that we clean your site before we can begin to provide you with any of our other services including nightly backups and Uptime monitoring. If your site is infected with Malware within the first 24 hours of sign up, we will contact you via email with more information on how to pay for the Malware cleanup. When we contact you, you will have the option to pay for the Malware cleanup or you can cancel your membership and we will refund your membership payment. After you pay for the one-time Malware cleanup, the Malware will be removed by the end of the next Business day ( business days are Monday thru Friday GMT). We can not guarantee that we can remove the Malware or virus from your site. If for some reason we can not clean your site, we will refund you both the one-time Malware cleanup fee and we will also refund you the membership fee.
We reserve the right to refuse Services or cancel your subscription and revoke your membership access with a prorated refund for any reason we deem appropriate. You may not resell, share, or publish subscription credentials or access.
3. Cancellations and Refunds
If you cancel your plan after 30 days, you will continue to receive the services provided by your plan until the end of your current monthly billing cycle. If you cancel your plan within the first 30 days and you want to receive a refund, all you need to do is send an email requesting the refund to our support team and we will refund you (with no questions asked) the payment that you made when you signed up. Websites Are Us Specialists will issue all other refunds on a case-by-case basis. If you request a refund before the end of your subscription (not within the first 30 days) due to Websites Are Us Support Specialists’ failure to provide any of the Services of your selected Paid Plan, a prorated refund may be issued based upon the number of unused days of service that the Services were used for that monthly period. Refunds will not be issued for Services already provided. For annual subscriptions, refunds are prorated based upon the number of unused months of the Services. If your Paid Plan is in violation of this Agreement, refunds will not be issued. We are so confident that you will love our service and support so much that we offer this money back guarantee.
4. Passwords & Security
You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your usernames and accounts, including any sub-accounts. You must notify Websites Are Us Specialists immediately of any unauthorised use of your accounts or any other security breach related to the Services. If Websites Are Us Specialists determines that a security breach has occurred or is likely to occur, Websites Are Us Specialists may suspend your accounts and require you to change your usernames and passwords.
6. Use of our Services and Software
Subject to this Agreement, Websites Are Us Support Specialists grants you a limited, non-exclusive, non-transferable and revocable license to access the Site and use of the Services and Software. You acknowledge that certain third party code may be provided with the Software and that the license terms accompanying that code will govern its use.
You acknowledge that Websites Are Us Specialists or third parties own all right, title and interest in and to the Services and Software, including all intellectual property rights. Except for the license granted in this Agreement, Websites Are Us Support Specialists and its licensors retain all rights to the Services and Software, and no implied licenses are granted to you.
You specifically agree that you will not, nor will you permit another person to:
sublicense, lease, rent, loan, transfer or distribute any portion of the Software unless given written permission by Websites Are Us Support Specialists;
modify, adapt, translate or create derivative works from the Software unless given written permission by Websites Are Us Support Specialists;
decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software unless given written permission by Websites Are Us Support Specialists; or remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Software or on the Sites.
7. Compliance with Laws & Acceptable Use
You are solely responsible for your conduct related to the Services and Software. You specifically agree that you will not use the Software or Services to:
violate any laws or regulations;
infringe the intellectual property or other rights of third parties;
transmit any material that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.
8. Intellectual Property Protection
Websites Are Us Support Specialists respects the intellectual property of others and requires that users of the Services and Software do the same. When you use our Services, you may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. If you are found to be in violation of intellectual property, Websites Are Us Support Specialists will terminate your accounts.
This indemnity obligation will survive the termination or expiration of your account and this Agreement. You agree to defend, indemnify, and hold Websites Are Us Support Specialists, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, made by any third party due to your use of the Services, your connection to the Services or Software, your violation of this Agreement, or your violation of any rights of another.
10. Limitations to Size and Number of Daily Data Backups
We backup your WordPress website each night between 12 AM GMT and 1 AM GMT unless you send us an email requesting for your backups to be done at a different time. We only backup your WordPress Files, WordPress directories, and the WordPress Database. We do not backup files or directories that are not part of the WordPress installation. We store the number of backup files allowed according to your plan. We store the backup files in Amazon S3 secure storage services servers so that your data is safe. The total space consumed by your website’s WordPress files and database file must be less than the maximum allowed by your subscription plan as specified in our plans and pricing page. If your website’s backup exceeds the amount allowed by your plan, then you must upgrade to a higher plan. A typical WordPress business Website is less than 1 GB. If your website is bigger than 1GB, which is the maximum allowed by our professional plan, we will be glad to accommodate your business needs by charging you an additional fee for each extra 1 GB of data. We will inform you of that fee at the time that you exceed the 1 GB and you will not be charged for the first backup exceeding the 1 GB.
11. Limitations to Restoration of Data and Copies of Data
Only subscribers to paid plans can request to restore their website data. The maximum number of restores per month is determined by your plan. You can request to restore your website from any of the existing backups created by our Services during the last x days as allowed by your plan. For example, if you have a plan that allows for 14 days of backup, you may request to restore your website from any of those 14 days. It is possible that on a given day a backup fails. If a backup fails you will receive notification of that failure and we can not restore your website to that date of failure. We can only perform a FULL restore of all the WordPress files and the database file from a specific backup file. We can not restore individual files or partial data. To request a restore of your website, you must contact us and we will provide you with further instructions. For the security of your data, we do not specify on our Site the entire procedure to request a restore of your website. We do not provide any guarantee on how long it will take us to restore your WordPress files and database from a backup but we try to start your restoration within 2 hours of receiving your authorised request. You can make additional requests for a restore at a cost of £9.99 per request. If you are subscribed to a free plan, we can not restore your website. Depending on the size of your files and database, it can take anywhere from 15 minutes to 2 hours for the restoration process to complete. You can request a free copy of your backup file (limited to 1 free request per month). You can request any of the existing backup files stored according to your plan. You can make additional requests for a backup file at a cost of £9.99 per request. To request a copy of your backup file, just contact us and we will provide you with further instructions on how to download your backup file.
12. Limitations to Website Updates
By subscribing to one of our plans, you authorise us to update all of the WordPress core files, the active theme, and all of the active plugins as needed. We update all WordPress plugins and themes (when a new release is available) that allow automatic updates. By automatic updates, we mean all themes and plugins that can be updated from within the WordPress Dashboard. We will not update any themes or plugins that require a file upload. We perform all updates after confirming that your website was successfully backed up. We will only update plugins and themes that are compatible with the version of WordPress that you have installed. We will only update the WordPress core files if all your plugins are compatible with the latest version of WordPress. If after performing any update, your website is not working as it should, we will restore your website for free to how it was before the update. When a new release of a plugin or theme is available, it can take us up to 72 hours to perform the updates because we first need to verify that the updates are compatible with your current WordPress version. We will update inactive themes and plugins for security reasons but we highly recommend that you delete all inactive themes and plugins. We will never delete a plugin or theme without your prior written consent. We typically start all backups at 12 AM GMT and then perform all updates after confirming that your website was successfully backed up. It is your sole responsibility to notify us via email if you notice that your website is not working properly after any updates are performed and ask us to restore your website to the latest backup version. If we have to restore your website, we can not recover any content, posts, pages, or any changes that occurred between the time the backup was created and the time the website was restored.
13. Term & Termination
This Agreement, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing use of the Services. If you have a Trial Plan or Free Plan, Websites Are Us Support Specialists may terminate your account and this Agreement immediately and without notice if our system is unable to backup your website for more than thirty (30) days or if you fail to comply with any of the terms in this Agreement. If you have a Paid Plan, Websites Are Us Support Specialists may terminate your account and this Agreement immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices after seven days when due, or otherwise fail to comply with this Agreement. On termination or expiration of your account or this Agreement, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access and restore your backup data. Also, upon termination under this Agreement, you specifically agree that Websites Are Us Support Specialists has no obligation to provide you or anyone else with a copy of your backup data and that Websites Are Us Support Specialists may automatically purge your backup data from any systems used by Websites Are Us Support Specialists to backup your data.
14. Disclaimer of Warranties
YOU SPECIFICALLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEBSITES ARE US Support Specialists, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, Websites Are Us Support Specialists, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
15. Limitation of Liability
YOU SPECIFICALLY AGREE THAT Websites Are Us Support Specialists, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR IN ANY WAY RELATING TO THE SERVICES.
IF YOU HAVE A PAID PLAN, YOU AGREE THAT THE AGGREGATE LIABILITY OF Websites Are Us Support Specialists, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING A (1) YEAR PERIOD BEFORE THE RELEVANT CLAIM. IF YOU HAVE A TRIAL PLAN, YOU AGREE THAT THE AGGREGATE LIABILITY OF Websites Are Us Support Specialists, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SERVICES IS LIMITED TO TEN US DOLLARS ($10). YOU SPECIFICALLY AGREE THAT THE DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Websites Are Us Support Specialists.
You acknowledge that use of the Services and Software may be subject to the export and import laws of the United Kingdom and other countries. You agree to comply with all export and import laws and regulations. You agree that you will not use the Services and Software for any purposes prohibited by United Kingdom law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. this Agreement and the relationship between you and Websites Are Us Support Specialists will be governed by the laws of the United Kingdom, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the United Kingdom to resolve any dispute or claim arising from this Agreement. As to intellectual property rights, you specifically agree that Websites Are Us Support Specialists may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. this Agreement constitutes the entire agreement between you and Websites Are Us Support Specialists and completely replace any prior agreements between you and Websites Are Us Support Specialists in relation to the Services and Software. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. The failure of Websites Are Us Support Specialists to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there will be no third-party beneficiaries to this agreement. You agree that any claim or cause of action related to this Agreement or the use of the Services and Software must be filed within one (1) year after the cause of action arose or be forever barred.
You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Websites Are Us Support Specialists. Websites Are Us Support Specialists may freely assign this Agreement to a third-party in the future.
17. Changes to This Agreement
Websites Are Us Support Specialists reserves the right at any time to modify, suspend, or discontinue providing the Services, in whole or in part, without notice. While not obligated to do so, Websites Are Us Support Specialists will use commercially reasonable efforts to notify you of any such action by sending you an e-mail, an in-client message or by posting relevant information on the Sites. Websites Are Us Support Specialists reserves the right to modify this Agreement at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Services following any such modification constitutes your agreement to be bound by the modified Agreement. To stay informed of any changes, please review the most current version of this Agreement posted on the Site. If you do not agree to be bound by this Agreement, you must stop using the Services immediately.