Terms of Use
These Terms of Use (“Terms”) govern your use of the services provided by Ten Pounds Website (“we,” “us,” or “our”), including the website subscription service, website design, and related services (collectively, the “Services”). By accessing or using our Services, you agree to comply with these Terms. If you do not agree with these Terms, please do not access or use our Services.
1. Acceptance of Terms:
By accessing or using our Services, you represent that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and Ten Pounds Website. If you are accessing or using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Subscription and Services:
2.1 Subscription: Our Services are offered on a subscription basis. By subscribing to our Services, you agree to pay the specified fees in accordance with the selected plan and the payment terms provided.
2.2 Description of Services: We provide website design services, including responsive website design, branding, e-commerce solutions, and additional services as outlined on our website. The specific features and details of the Services may vary based on the subscription plan selected.
Account Creation and Responsibilities:
3.1 Account Creation: To access our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
3.2 Account Security: You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or suspected breach of security.
3.3 Prohibited Activities: You agree not to engage in any activities that may interfere with or disrupt our Services or that violate any applicable laws or regulations. You are solely responsible for the content you upload or share through our Services.
Intellectual Property:
4.1 Ownership: We retain all rights, title, and interest in and to our Services, including all intellectual property rights. You acknowledge that the design, layout, and content of our Services are protected by copyright, trademarks, and other laws.
4.2 Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our Services solely for your internal business purposes and in accordance with these Terms.
Fees and Payments:
5.1 Pricing and Payment: You agree to pay the fees associated with your selected subscription plan in accordance with the payment terms provided. All fees are non-refundable.
5.2 Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel your subscription prior to the renewal date. The renewal fee will be charged to the payment method on file.
5.3 Changes to Fees: We reserve the right to modify our pricing and fees for the Services at any time. Any changes to fees will be communicated to you in advance.
Termination:
6.1 Termination by You: You may cancel your subscription at any time by following the cancellation procedures provided on our website. Upon cancellation, your access to the Services will terminate at the end of your current billing cycle.
6.2 Termination by Us: We may terminate your access to the Services immediately and without prior notice if you breach these Terms or engage in any unauthorized or prohibited activities.
Website Maintenance Terms of Service:
- You are engaging McAnderson Associates Limited to perform work as described in the package(s) or service(s) you have purchased. You hereby authorise McAnderson Associates Limited access and “write permissions” to all directories and files of your website, as well as permission to install any necessary WordPress plugins for maintenance and security.
- McAnderson Associates Limited does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
- We reserve the right to determine what falls under a small task or not, and we will always be transparent and advise on the amount of time it will take to complete a task.
- Each small task will take 1 to 3 working days to be completed. We will always attempt to complete tasks in a timely fashion as long as we have clear instructions and the required access to complete the task.
- Tasks cannot be accumulated or transferred from one month to another.
- Premium services or services not covered by small tasks will be quoted and charged at an additional cost.
- Our daily checks for website uptime are only carried out Monday to Saturday.
- You are under no obligation to continue the ongoing service, but we do ask that you give us 30 days’ notice so we can carry out a last thorough update of the website and remove our administrator credentials from your website backend.
- By subscribing/paying for our Website Maintenance Plan, you agree to our Terms and Conditions and Terms of Service. McAnderson Associates Limited reserves the right to change or update these terms at any time without prior notice.
Disclaimer of Warranties:
Our Services are provided on an “as-is” and “as available” basis. We make no warranties or representations, express or implied, regarding the reliability, accuracy, or availability of our Services. Your use of the Services is at your own risk.
Limitation of Liability:
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of our Services, even if we have been advised of the possibility of such damages.
Governing Law and Jurisdiction:
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.
Modifications to Terms:
We reserve the right to modify or update these Terms at any time, effective upon posting the revised Terms on our website. Your continued use of our Services after the posting of any modifications constitutes your acceptance of the revised Terms.
Attribution:
By using our Services, you acknowledge and agree that we have the right to include a small attribution at the bottom of each customer’s website created through our Services. This attribution will include our name, Ten Pounds Website, and a link to our main website. The purpose of this attribution is to showcase our work and services to potential customers and to identify the platform used for website creation. We will make reasonable efforts to ensure that the attribution is displayed in a professional manner and does not adversely affect the overall design and functionality of the website.
It is important to note that the inclusion of attribution is a standard practice in the web design industry and allows us to promote our services and reach a wider audience. However, if you have specific concerns or requirements regarding the attribution, please contact us to discuss potential alternatives or modifications.
Please review the entire Terms of Use carefully.
By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
Last Updated: 06/06/2023