Legal

Terms & Conditions

BY CLICKING ORDER, YOU AGREE TO OUR TERMS & CONDITIONS:

To ensure an uninterrupted service is received, your subscription will be set to continuous auto-renewal payments. You can cancel your subscription at any time (following your minimum term stated in clause 2.5) by contacting Customer Care. You also agree to our Terms of Service and Privacy Policy.

Full terms

These Terms And Conditions (“Terms”) are agreed by Get Spotted Consultancy Limited, registered company 10224411 in England and Wales (“We” or “Us”) and the entity agreeing to these Terms (“You”). If You are acting on behalf of another entity, You represent and warrant that You have the legal authority to commit that entity to these Terms.

Website payment terms

1 Defined Terms

1.1 Where these Terms refer to a day that does not exist within a calendar month, the date shall be taken to mean the final day in that calendar month. For example, the date one calendar month after 31st January shall be taken to be 28th February.

1.2 “Terms Of Service” means the document titled “Terms Of Service” that accompanies these Terms And Conditions.

1.3 “Purchase Date” means the date on which You make Your first payment to Us in relation to this sale.

1.4 “Licence Start Date” means the date on which the Licence (as in defined in clause 2.4) begins. The Terms Of Service state whether the Licence Start Date is the Purchase Date itself or the same day in the next calendar month after the Purchase Date.

1.5 “Licence Renewal Date” means the same day as the Licence Start Date in each subsequent month.

1.6 “Licence Payment Date” means the dates stated in the Terms Of Service on which We will take Licence payments from You by the means stated in the Terms Of Service.

2 Agreement

2.1 You agree to purchase the design of a website (the “Website”) from Us. You agree that you are responsible for adding text and images (“Initial Content”) for use in the design of the Website. Training will be provided in accordance to the Terms Of Service.

2.2 We agree to design the number of pages specified in the Terms Of Service. We will commence the design only after payment has been set up or paid.

2.3 You accept the presence of the text “Copyright of Get Spotted Consultancy Limited” at the foot of each page on the Website.

2.4 You agree to purchase a licence (the “Licence”) to use the “Get Spotted Consultancy Limited” content management system software (the “Software”) to host the Website.

2.5 The minimum Term for the purchase of the Licence is 12 calendar months as stated in the Terms Of Service. This Agreement will remain in effect beyond the minimum Term until cancelled.

2.6 You agree to maintain an active payment method, as specified in clause 3.1, at all times.

2.7 If we add your content via additional paid package we will credit you one month’s licence fee.

3 Price And Payment

3.1 Payment for the Website must be made by credit card or debit card or, at Our sole discretion, through another method. Licence payments must be made by Monthly Recurring Billing by agreeing to a Direct Debit (if You have a bank account in the United Kingdom), or, at Our sole discretion, through another method.

3.2 Licence payments will be taken automatically each month, in advance, on the Licence Payment Date. Each Licence payment covers the calendar month up until the following Licence Renewal Date.

3.3 It is Your responsibility to provide in a timely manner the Initial Content required to complete Your site; Licence payments will continue irrespective of whether this information has been provided. Under no circumstances shall You be entitled to make any deduction or withhold payment for any reason.

3.4 If Your account remains in arrears for a period of one calendar month following a Licence Renewal Date We reserve the right to remove the Website from the internet (“Suspension”) and disable Your ability to use the website. We will notify You prior to Suspension. For the avoidance of doubt, if You have purchased multiple licences from Us then we reserve the right to suspend all Websites in response to arrears incurred in relation to any of the licenses.

3.5 In the event of unpaid Licence payments we reserve the right to use the services of third parties to recover monies owed. Without prejudice to any other remedy available to us, we reserve the right to pass on credit collection fees to You, plus statutory late payment interest.

3.6 You agree to pay an administration charge of £80 plus VAT to restore the Website in the event of its Suspension for non-payment, or £80 plus VAT to restore the Website after a cancellation request within the past three calendar months. Additional charges will apply after three calendar months.

4 Cancellation

4.1 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 You have the right to cancel within a period of 14 days from placing Your order, provided (a) We have not commenced production of Your Website and (b) our Agents have not obtained or created material for use in the production of Your Website. In either case (a) or (b) the right to cancel is no longer applicable, in accordance with regulation 13(1)(c) of The Consumer Protection (Distance Selling) Regulations 2000.

4.2 You may give notice of Your intention to cancel this agreement at any time without giving any reason. The date upon which this agreement terminates (“Cancellation Date”) is determined solely from the date on which we receive Your notice (“Notice Date”). The Cancellation Date is the next Licence Renewal Date falling on or after the date one calendar month after the Notice Date, provided this date satisfies the minimum term. If this date does not satisfy the minimum Term, the Cancellation Date is the earliest date that satisfies the minimum Term.

4.3 We may cancel this agreement at any time without giving any reason. For the purposes of the following clauses, the “Notice Date” and “Cancellation Date” shall then be the date on which we give notice of our cancellation. Should we cancel this agreement prior to the completion of the design of the Website We will refund to you the amount paid for the design (if applicable) and any Licence payments. Should we cancel this agreement following the completion of the design of the Website We will refund to You any Licence payment made after the most recent Licence Renewal Date.

4.4 The date upon which the Licence terminates (“Termination Date”) is either the Cancellation Date or, at Your request, any other date on or after the date of such request and before the Cancellation Date. Should the Termination Date precede the Cancellation Date, all remaining Licence payments will become due on the Termination Date.

4.5 If we have purchased a domain on your behalf and upon payment of an administration fee of £20 plus We agree to transfer control of Your domain names to a registrar nominated by You. You accept that we will not renew the registration of any domain name after cancellation and that failure to nominate a registrar will, therefore, lead to the expiry of domain names concerned. You understand that we will remain responsible for the domain names until their transfer or expiry, after which we have no further responsibility.

5 Defects

5.1 We will inform You once the design of the Website has been completed. It is Your responsibility to inform us of any errors in the design of the Website. If the design of the Website is not in accordance with this agreement for any reason Your sole remedy is limited to Us making good any errors or omissions.

6 Improper Use

6.1 The Website, Software, and any other services we provide to You (collectively “Services”) may only be used for lawful purposes. You agree to indemnify Us and hold Us harmless from any and all claims resulting from unlawful use of the Services.

6.2 We reserve the right to modify or restrict access to the Website, without giving notice, if We have reason to believe that the Website may be in breach of relevant legislation. We will incur no liability in relation to this action, even if the Website is subsequently determined not to be in breach of relevant legislation.

6.3 The Services may only be used in accordance with the Acceptable Use Policy, as displayed here. We reserve the right to modify the Website and/or restrict access to the Services, without giving notice, if We believe You have breached the Acceptable Use Policy.

7 Exclusions of Liability

7.1 We will incur no liability for any errors in Your instructions or the Initial Content not corrected by You. You take full responsibility for ensuring that You are correct.

7.2 You are responsible for maintaining the confidentiality of Your passwords and for restricting access to any device You use to access the Services. We will incur no liability for any consequence of Your failure to ensure such confidentiality and access restrictions. You agree to indemnify Us and hold Us harmless from any and all claims resulting from unlawful actions carried out through Your account.

7.3 The Services are provided without any warranty or condition or representation as to their fitness for any particular purpose.

7.4 We may provide You with an estimated timescale for the set up of the Website. Such estimates are strictly advisory and are not guaranteed. We will incur no liability for delays in the set up of the Website(s).

7.5 We make no guarantees in relation to the availability of the Website, and will incur no liability if the Website is temporarily unavailable for whatever reason.

7.6 We will incur no liability if any aspect of the Website that is dependent on a third-party service ceases to function due to the actions of that third-party.

7.7 In the event of any breach of contract by Us, the remedies available to You are limited to damages. Under no circumstances shall Our liability exceed the amount paid.

8 Force Majeure

8.1 We shall not be held liable for failure to perform Our obligations under this agreement due to act of God, war, civil war, sabotage, act of terrorism, government sanction, embargo, import regulation, export regulation, labour disputes (including strikes, lockouts, boycotts, or other industrial action), failure in the transportation of equipment, machinery or personnel, failure in the provision of any utility (including power, gas, water, or communication services), or any event or circumstance beyond our reasonable control.

9 Intellectual Property

9.1 You accept that we own all rights, interest, and title for each website, including all intellectual property rights. These rights are protected by intellectual property laws both in England and Wales and internationally. You agree not to reproduce, modify, or otherwise create derivative works from the website.

9.2 We may license content (“Stock Content”) from third parties (“Stock Suppliers”) for use on Your Website. You understand that such licences prohibit the use of Stock Content outside of Your Website, including but not limited to use in printed matter or on other websites that You may operate now or in the future. You agree not to use Stock Content in a manner that would place Us in violation of Our contractual agreements with the Stock Suppliers concerned.

9.3 You agree that by submitting content through the Software and making such content available to the public, You grant Us a perpetual, non-exclusive, worldwide, royalty-free licence to reproduce, modify, adapt, publish, and distribute such content. You represent and warrant that You have the necessary rights to grant such rights to Us.

9.4 You accept that in some circumstances We may be unable to register a domain name using Your contact details. You agree that in these circumstances We may register the domain name using Our contact details. Notwithstanding the contact details used, We disclaim ownership of any domain name registered at Your request.

10 Disputes

10.1 In the event of any dispute with Us, You are entitled to use the Online Dispute Resolution service at http://ec.europa.eu/consumers/odr/.

11 Assignment

11.1 You may not assign the benefits of this agreement to any other party.

12 Prior/Other Statement

12.1 No statement, description, information, warranty, or recommendation contained in any catalogue, price list, advertisement, or other promotional material or made verbally by any of Our agents or employees shall operate to vary these conditions.

13 Notices

13.1 A notice required or permitted to be given by Us to You under these Terms shall be delivered to the e-mail address You have specified in Your account. Notice shall be considered to be received by You within 24 hours of the time it is e-mailed to You. We will incur no liability for Your failure to receive such a notice due to any errors in Your specified contact details not corrected by You.

13.2 A notice required or permitted to be given by You to Us under these Terms shall be delivered in writing to Our registered business address.

14 Changes to Terms and Conditions

14.1 We may at any time, and at Our sole discretion, modify these Terms (a “Change”) by giving notice of the Change and publishing a revised version of this agreement on Our website at Terms and Conditions.

14.2 A Change will take effect one calendar month after We give notice, except where the Change is required by law or the Change neither reduces Your rights nor increases Your responsibilities. In such cases, the Change will be made without notice and shall take effect immediately.

14.3. If You do not accept a Change, You must cancel your website. If You do not object to a Change by cancelling Your website within the one calendar month notice period, You will be deemed to have accepted the Change.

15 Validity

15.1 If any provision of these terms and conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the terms and conditions in question shall not be affected and shall remain in full force.

16 Governing Law

16.1 The law of England and Wales governs this contract and the parties submit to its exclusive jurisdiction.

Swwwift.co.uk Terms of Service:

The following terms of service will govern your use of our platform “Swwwift”, (swwwift.co.uk) – this includes, but is not limited to, all and any services relating to the Swwwift.

All property (Websites; Landing Pages; Apps; Platforms) are all property and provided by Get Spotted Consultancy Ltd.

Acceptance Of Terms:

In order to use our Platform, Swwwift, you must consent and use the platform in adherence to our Terms of Service. Continued use of the platform will initiate an (“Agreement”) between You and Get Spotted Consultancy Ltd. for the services which “You” initiated, and, or subscribed to if the service or subscription is being purchased on behalf of an entity by an individual who is authorised to purchase, and, or initiate the service/subscription on behalf of such entity, then “You” refers to such entity.

If you are entering this ToS Agreement on behalf of a company or other legal entity, you represent that you have the necessary authority to bind to such Terms. The Terms will also apply to the “Entity’s” staff and affiliates.

If you do not agree with the terms outlined then you may not continue to use the Platform. You acknowledge that this TOS is a contract between you and Get Spotted Consultancy Ltd. (swwwift.co.uk), even though it is electronic and not binded by signatures between You and Get Spotted Consultancy Ltd.

Violation of any of the terms of service may result in the termination of your account and package subscription.

Contract Length

When purchasing a website via the platform and paying in the form of a monthly option, there is a minimum period of 12 months. This Agreement will remain in effect beyond the minimum Term until cancelled.

Any annual plans will not be refunded once purchased. 

3.2 Licence payments will be taken automatically each month, in advance, on the Licence Payment Date. Each Licence payment covers the calendar month up until the following Licence Renewal Date.

3.3 It is Your responsibility to populate the content required to complete Your site; Licence payments will continue irrespective if the website is live. Under no circumstances shall You be entitled to make any deduction or withhold payment for any reason.

3.4 If Your account remains in arrears for a period of one calendar month following a Licence Renewal Date We reserve the right to remove the Website from the internet (“Suspension”) and disable Your ability to use the website. We will notify You prior to Suspension. For the avoidance of doubt, if You have purchased multiple licences from Us then we reserve the right to suspend all Websites in response to arrears incurred in relation to any of the licenses.

3.5 In the event of unpaid Licence payments we reserve the right to use the services of third parties to recover monies owed. Without prejudice to any other remedy available to us, we reserve the right to pass on credit collection fees to You, plus statutory late payment interest.

3.6 You agree to pay an administration charge of £80 plus VAT to restore the Website in the event of its Suspension for non-payment, or £80 plus VAT to restore the Website after a cancellation request within the past three calendar months. Additional charges will apply after three calendar months.

Services

The company, Get Spotted Consultancy Ltd., (swwwift.co.uk) may at its sole discretion modify the features, specifications and capabilities of the Platform and, or, services at any given time with or without any prior notice.

Swwwift.co.uk reserves the right at any time to modify or discontinue, temporarily or permanently the Platform and, or, Service – (or any part thereof), with or without notice.

If any Platform, (swwwift.co.uk), users send us any feedback or suggestions regarding the Platform’s ToS, you grant Get Spotted Consultancy, (swwwift.co.uk), an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.

Access To The Service

In order to use the Platforms features, you may be required to create an account consisting of, but not limited to, information such as your: email address; forename; family-name; address and phone number in order to continue.

You are not obliged to provide this information to us, however, it may mean that in most cases, the service will be unavailable to you.

You agree to (a) immediately notify Get Spotted Consultancy Ltd., (swwwift.co.uk), of any unauthorised use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.

You may not use the service for any purpose which is illegal or violates any laws in your jurisdiction, in the jurisdiction of the Republic of Ireland or in any way that intentionally or unintentionally violates any applicable local, state, national or international law(s).

Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Conduct on Swwwift.co.uk

You may not use the Swwwift Platform to:

  • Upload, post, transmit, or otherwise make available any of Your Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Upload or transmit images that contain nudity, weapons, violence or drugs.
  • Impersonate, or misrepresent your relationship with, any person or entity.
  • Upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party.

Please Note: You are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so. We also reserve the right to terminate any account that is in breach of these terms.

Billing

You are not obligated to purchase any of the Services. If You elect to purchase Service packages or additional Services, you may elect to provide a credit card or other payment mechanism selected by You.

You agree that the Company may charge to Your credit card or other payment mechanism selected by You and approved by the Company for Your Prepaid Account (“Your Account”) and all amounts due and owing for the Services, including service fees, subscription fees or any other fee or charge associated with Your use of the Services. 

If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Services, or subsequently designated to the Company at the start of the subscription period and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins.

Prices of all Services are subject to change at any time. The company will strive wherever possible to give advance notice. Such notice may be provided at any time by posting the changes to the swwwift.co.uk website or the Service itself.

In connection with your purchase and/or use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. 

You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree to indemnify Get Spotted Consultancy Ltd. (swwwift.co.uk) to the extent that Get Spotted Consultancy Ltd. (swwwift.co.uk) incurs any obligations or other liabilities in connection with such taxes.

You agree that in the event The Company is unable to collect the fees owed to the Company for the Services through your Account, the Company may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by the Company in connection with such collection activity, including collection fees and legal costs. 

You further agree that the Company may collect interest at the lesser of 1.5% per calendar month or the highest amount permitted by law on any amounts not paid when due.

Cancellation of Account

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation.

You can cancel your account at any time by accessing the subscription settings panel in your settings page. 

Please Note: All of your content will be immediately inaccessible from the Service upon cancellation. Within 30 days, all this content will be permanently deleted from all backups and logs. This information can not be recovered once it has been permanently deleted.

The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. 

Such termination of the Service will result in the deactivation, and, or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Disclaimer Limitation of Liability

Neither any opinion, advice or statement of us or our affiliates, licensors, suppliers, agents or visitors, whether made on our website or otherwise nor the results of any operation of the service by you constitute representations or warranties of us or give rise to any rights of reliance or otherwise for the benefit of you or any third party. 

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. 

We do not assume any responsibility or risk for your use of our service and the internet. Any and all services provided by us to you are provided “As is”, Without warranty of any kind. 

We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement and all warranties that may arise from course of dealing, course of performance or usage of trade.

Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. We and our affiliates, licensors, suppliers, and agents do not warrant that your use of our website or materials will be uninterrupted, error-free or secure, that defects will be corrected or that our website, the server (s) on which our website is hosted or our materials are free of viruses or other harmful components. 

Without limiting the generality of the foregoing, we hereby disclaim any and all liability for any damage to or other impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) your use of the service, including but not limited to claims relating to faulty, malfunctioning or inoperable service.

Limitation of liability. In no event will we nor any of our affiliates, licensors suppliers or agents, nor our or their directors, officers, employees, consultants, agents or other representatives (“Indemnified Parties”) , Be liable for any indirect, incidental, special, consequential or punitive damages or damages for loss of profits, revenue, business, savings, data, use or cost of substitute procurement, incurred by you or any third party, whether in an action in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or if such damages are foreseeable.

Your sole remedy for dissatisfaction with our website, materials or any linked site is to stop using them. 

The sole and exclusive maximum liability of all indemnified parties collectively for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the total amount paid by you, if any, to access or use our website or our materials. 

Your use of our website and any materials provided through our website is entirely at your own risk. You acknowledge that the limitations of liability in these terms and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have provided the service. 

Our pricing reflects this allocation of risk and the limitation of liability specified herein.

Errors. A possibility exists that our website or materials could include inaccuracies or errors or information or materials that violate these terms.

 Additionally, a possibility exists that unauthorized alterations could be made by third parties to our website or materials. Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. 

If a situation arises in which our website’s completeness or correctness is in question, please contact us via our contact information provided on our Support page of the website with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our website.
If you have any questions regarding this agreement or if you wish to discuss the terms of service contained herein please contact swwwift.co.uk limited using the contact details at our Contact page.

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