Terms of Use

 

By placing an order for services with Websites4Cllrs, you confirm that you are in agreement with and bound by the terms and conditions below.

 

Introduction

 

By proceeding with the purchase of the Websites4Cllrs package (‘the Package’) and associated Services you (‘you’ being the ‘Customer’ and henceforth referred to as such) agree to be legally bound by:

 

  • the terms and conditions (‘the Terms’) set out below with immediate effect. If you do not agree to be legally bound by all the following terms please do not continue with this purchase; and
  • Websites4Cllrs may update these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Websites4Cllrs. Your continued use of www.websites4cllrs.com after changes are posted means you agree to be legally bound by these terms as updated and / or amended.

 

Basis of purchase of services

 

  • The order placed by the Customer constitutes an offer to purchase the Package and acquire the Services subject to these Terms. The order will lapse unless unconditionally accepted by Websites4Cllrs within 7 working days of its date.
  • No variation to the order or these Terms shall be binding unless agreed in writing between the Customer and Websites4Cllrs.

 

Provision of services

 

  • The Customer will have the benefit of the full range of Websites4Cllrs services (the ‘Services’) as specified at www.websites4cllrs.com. The Services include web design, web hosting, domain name, email and technical support.
  • The Services are provided to the Customer for a current yearly fee of £135 for one year’s worth of hosting and technical support or £12.50/month for one month’s worth of hosting and technical support. At the expiration of one year the Customer can renew the Services provided by Websites4Cllrs for the then current annually fee in advance.
  • The Customer may, at any time, transfer your domain name away from Websites4Cllrs to an alternative hosting and/or domain provider, providing that the Customer has no outstanding debts with Websites4Cllrs. Websites4Cllrs is not responsible for any third party charges incurred by transferring a domain name away from Websites4Cllrs. Websites4Cllrs will charge a one off fee of £15 to transfer the domain name to an alternative hosting and/or domain company to cover its own administrative costs.
  • Domain names registered with Websites4Cllrs are final and cannot be changed. Any changes will require the registration of a new domain name at a current extra cost of either £10.00 (.co.uk, .me.uk, .org.uk) or £20.00 (.com, .info, .net, .org) per domain name registered for one year from the date of registration.
  • If the Customer does not renew the Services the domain name will expire. Websites4Cllrs excludes liability for any loss of profit caused by the expiration of the domain name as a result of a failure to renew the Services by the Customer.
  • Websites4Cllrs excludes liability for any loss of profit caused to the Customer by the expiration of the domain name as a result of a technical fault or any other fault caused by any third party.
  • Websites4Cllrs excludes liability for any loss of profit caused to the Customer by the expiration of the domain name as a result of a technical fault caused by the negligence of Websites4Cllrs.
  • Websites4Cllrs reserves the right to adjust the cost of the Services at any time.
  • Whilst every endeavour will be made to ensure that this website and its associated Services are free of errors, Websites4Cllrs cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
  • The website, graphics and any programming code within both this website and it’s Services remain the property of Websites4Cllrs both during the duration of the contract between the Customer and Websites4Cllrs and after the expiration of the contract.
  • Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written and/or provided by Websites4Cllrs remain the copyright of Websites4Cllrs and may only be commercially reproduced or resold with the express written permission of Websites4Cllrs.
  • Websites4Cllrs cannot take responsibility for any copyright infringements caused by materials submitted by the Customer or used by the Customer in the future on the Customers website.
  • Websites4Cllrs reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
  • Websites4Cllrs will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
  • Websites4Cllrs will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on the Customers behalf or any of the Customers appointed agents.
  • Websites4Cllrs do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.

 

Telephone calls

 

  • Please note that all telephone calls to Websites4Cllrs may be recorded for the purposes of, but not exclusively limited to, training and quality assurance purposes.

 

Links to Third Party Websites

 

  • Websites4Cllrs may include links to third party websites on www.websites4cllrs.com (and all associated sub-domains and parked domains) that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Websites4Cllrs are not responsible for the content or availability of any such sites.

 

Availability of services

 

  • From time to time, due to unforeseen circumstances, a ‘delay’ may occur during the period between the purchase of services by the Customer and the successful completion of the said services for the Customer by Websites4Cllrs. All delays shall not exceed 30 days from the date of the purchase of the said services by the Customer and Websites4Cllrs will always endeavour to successful complete any orders within a 7 day period from the date of the purchase of the said services by the Customer.
  • The Customer acknowledges that Websites4Cllrs systems, servers and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside its control.
  • Websites4Cllrs agrees to rectify faults or problems and to restore the system to full operational capacity as soon as reasonably practicable.
  • Websites4Cllrs excludes liability for any loss of profit caused to the Customer as a result of the system not being fully operational.

 

Limited liability

 

  • Websites4Cllrs gives no condition, warranty, or undertaking, and makes no representation to the Customer about the suitability of, or fitness of the Services for the Customer’s purposes other than those conditions, warranties, undertakings or representations expressly set out in these Terms.
  • With the exception of any rights which the Customer may have under applicable law in all warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are excluded from the Terms to the fullest extent permitted by law.
  • Websites4Cllrs excludes liability for any loss of profit caused to the Customer as a result of the system not being fully operational.
  • Nothing in these Terms excludes or limits the liability of Websites4Cllrs for: (a) death or personal injury caused by Websites4Cllrs negligence; or (b) from further fraudulent misrepresentation or fraud.
  • Websites4Cllrs total liability in contract, tort, (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the fees received in relation to the Services; and
  • In no event shall Websites4Cllrs be liable to the Customer whether arising under these Terms or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any Consequential Loss. ‘Consequential Loss’ shall for these purposes mean (i) pure economic loss (ii) losses incurred by any customer of the Customer or other third party (iii) loss of profits (whether categorised as direct or indirect) (iv) losses arising from business interruption (v) loss of business revenue, goodwill, anticipated savings (vi) losses whether or not occurring in the normal course of business, wasted management or staff time (viii) loss or corruption of data.

 

Customer Content

 

  • Websites4Cllrs will not be responsible for the accuracy and / or functionality of the material created or supplied by the Customer to Websites4Cllrs (‘Customer Content’) in the form in which it is provided by the Customer or as modified upon and in accordance with the Customer’s instructions for inclusion on the website.
  • If Websites4Cllrs reasonably forms the view that the Customer Content of any website may be pornographic, defamatory, misleading or deceptive or otherwise in breach of any third party’s rights or in contravention of applicable law, including breach of any third party intellectual property rights, Websites4Cllrs may without prior notice or any liability remove that Customer Content from the website and/or terminate the services offered by Websites4Cllrs to the said Customer, and shall within 72 hours thereafter notify the Customer of its removal.
  • The Customer agrees to take all reasonable steps to ensure they are not in breach of any third party intellectual property rights through the use of third party content.
  • The Customer shall indemnify and hold harmless Websites4Cllrs and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Customer Content including but not limited to the posting and / or transmission of Customer Content on the website.

 

Ownership

 

  • Websites4Cllrs agrees that the Customer will own all the intellectual property rights in the Customer Content of the website.
  • The Customer will have sole responsibility for the use of any third party intellectual property rights included on the Customer’s website and in the Customer Content. The Customer agrees to take all reasonable steps to ensure that the use of any third party intellectual property rights has been authorised and is not in contravention of any applicable law.
  • Any intellectual property rights owned by either party and required for the performance by the other party of its obligation under these Terms or the use of the website by the Customer shall be licensed to that other party on a non-exclusive, irrevocable, royalty free basis for the period during which the use of those rights by that party pursuant to these Terms is required.
  • Neither party shall grant a sub-licence under the licences created without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.

 

Termination

 

  • Websites4Cllrs may terminate the Services by notice in writing and/or by e-mail to the Customer in the event that: (a) the Customer fails to pay the amount due to Websites4Cllrs and does not make that payment within 7 working days after receiving notice requiring the client to do so; (b) the Customer fails to perform any of the obligations on its part to be observed or performed pursuant to these Terms and such failure is not remedied by the Customer within 14 days after receipt of it of a notice in writing requiring the default to be remedied; (c) any of the warranties or representations made by the Customer are false or inaccurate in any material way.
  • The Customer may request in writing that the domain name be transferred to an alternative hosting company, thereby terminating the Services, provided that: (a) the Customer has no outstanding debt due to Websites4Cllrs; and (b) the Customer pays Websites4Cllrs a fee of £15 for the costs of transferring the domain name incurred by Websites4Cllrs
  • Either party shall be entitled to terminate the Services provided immediately by notice in writing to the other if the other party shall: (a) commit any material breach of any of its obligations under these Terms which (in the case of a breach capable of being remedied) shall not have remedied within 14 days after receipt of written request so to do;
  • Websites4Cllrs agrees to provide services that are free from significant error(s) on the latest versions of the following Desktop PC platforms: Internet Explorer, Firefox, Safari, Google Chrome. In the event that significant error(s) occur with any of the services provided by Websites4Cllrs and which warrants a request by you to terminate the services with Websites4Cllrs, an alternative template for your political party will be offered and/or other available options chosen by Websites4Cllrs to remedy the significant error.
  • In the event that the offer of an alternative template is rejected by the customer and/or the rejection of other options offered by Websites4Cllrs to remedy any issues, and the customer requests to terminate the services with Websites4Cllrs, Websites4Cllrs has within its own discretion the ability to choose whether to offer a refund to the customer or not. In any event, any refund that is given to the customer will be minus any expenses occurred by Websites4Cllrs and any other fees incurred as a result of the termination of the services by the customer.

 

Personnel and subcontractors

 

Websites4Cllrs may at its absolute discretion sub-contract the performance of any of its obligations under these Terms.

 

Warranties

 

  • Each party warrants to the other that: (a) it has the authority to perform its obligations under these Terms; and (b) it has the ability to perform its obligations under these Terms.
  • Websites4Cllrs warrants to the Customer that the Services: (a) will be provided by appropriately qualified and experienced personnel using all reasonable care and skill;
  • The Customer warrants to Websites4Cllrs that: (a) the use by Websites4Cllrs of any works or materials submitted by the Customer to Websites4Cllrs under these Terms will not infringe the rights of any person or contravene any law; (b) it is solely responsible for communicating with persons who access its websites or other sites and that it will not divert any complaints or concerns to Websites4Cllrs.
  • Websites4Cllrs shall not be liable for defects resulting from improper use of the Services by the Customer or by another third party.

 

Copyright

 

All copyright, trademarks and all other intellectual property rights in this Website and Services provided by Websites4Cllrs, including their content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Websites4Cllrs or otherwise used by Websites4Cllrs as permitted by law.

 

In accessing this Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of this website for personal, non-commercial home use only.

 

Indemnity

 

  • The Customer agrees to indemnify and hold Websites4Cllrs and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Websites4Cllrs arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website and Services purchased.

 

 

Free Trial

 

Our commitment free, free trial service offers councillors across the UK a chance to trial the services provided by Websites4Cllrs.com.

 

By proceeding with the free trial of the Websites4Cllrs package (‘the Package’) and associated Services you (‘you’ being the ‘Customer’ and henceforth referred to as such) agree to be legally bound by:

 

  • ALL of the terms and conditions (‘the Terms’) set out on the WHOLE of this page with immediate effect. If you do not agree to be legally bound by all the following terms please do not continue to proceed in the use of our services; and
  • Websites4Cllrs may update these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Websites4Cllrs. Your continued use of www.websites4cllrs.com after changes are posted means you agree to be legally bound by these terms as updated and / or amended.

 

Additional Terms

  • The Customer will have the benefit of a range of Websites4Cllrs services (the ‘Services’) as specified at www.websites4cllrs.com.
  • The Websites4Cllrs Free Trial Period is risk free, with no billing information required.
  • If you decide to keep your Councillor website service after the trial period then you can do so easily by registering at www.websites4cllrs.com.
  • After the trial period, the Services are provided to the Customer for a current yearly fee of £135 for one year’s worth of hosting and technical support or £12.50/month for one month’s worth of hosting and technical support. At the expiration of one year the Customer can renew the Services provided by Websites4Cllrs for the then current annually fee in advance.
  • Websites4Cllrs reserves the right to adjust the cost of the Services at any time.
  • The website, graphics and any programming code within both this website and it’s Services remain the property of Websites4Cllrs both during the duration of the contract/free trial period between the Customer and Websites4Cllrs and after the expiration of the contract/free trial.
  • Websites4Cllrs reserves the full right to cancel any part of the services offered to you during the free trial period without notice.

 

Confidential Information

 

  • Each party may use the Confidential Information of a disclosing party only for the purposes of these Terms and must keep confidential all Confidential Information of each disclosing party except to the extent (if any) the recipient of any Confidential Information is required by law to disclose the Confidential Information.
  • Each party may disclose Confidential Information of the other party to those of its employees and agents who have a need to know the Confidential Information for the purposes of these Terms but only if the employee or agent executes a confidentiality undertaking.
  • The parties’ obligations to keep information confidential will survive the termination of the Services.
  • The obligations of confidentiality do not extend to information that: (a) is or becomes public knowledge (otherwise than as a result of a breach of these Terms); or (b) is required by law to be disclosed
  • Websites4Cllrs shall never share or sell any of your details with third party companies, without the Customers express permission and we will only email or contact the Customer via other means in its capacity as Websites4Cllrs.

 

Force Majeure

 

  • ‘An event of force majeure’ means, in relation to either party, an event or circumstance beyond the reasonable control of that party including (without limitation) any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out or trade dispute or labour disturbance, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet service provider, war, military operations, act of terrorism or riot, delay or failure in manufacture, production or supply by third parties of equipment or services.
  • The party suffering the event of force majeure shall not be deemed to be in breach of these Terms or otherwise liable to the other party for any delay in performance or any non-performance of any obligations under these Terms (and the time for performance shall be extended accordingly) if and to the extent that the delay or non-performance is due to an event of force majeure.
  • If the event of force majeure in question prevails for a continuous period in excess of 3 months after the date on which it began, the other party may give notice to the party suffering the event of force majeure terminating the Services. The notice to terminate must specify the termination date, which must be not less than 30 clear days after the date on which the notice to terminate is given. Once a notice to terminate has been validly given, these Terms will cease to be operative from the termination date set out in the notice.

 

Exclusion of Third Parties

 

  • The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no person other than the parties to these Terms shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties to it.

 

Severance

 

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

 

Complaints Procedure

 

Informal procedure

 

Anyone who experiences a problem with their web service provided by Websites4Cllrs should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

 

Websites4Cllrs will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

 

Formal complaints procedure

 

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

 

A formal complaint should be made in writing to Websites4Cllrs at [email protected], who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

 

An initial response to any complaint can be expected within seven working days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

 

Governing Law

 

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

 

Partnership

 

Websites4Cllrs operates in partnership with a number of providers of Marketing and Web Services nationally and internationally, including providing support services via iCouncillor and market research for They Tweet For You.