Great British Websites Products and Services Terms and Conditions

Introduction

We are Great British Websites, a company registered in England and Wales

We and some of Our Representatives operate a range of websites, including Our UK Website and Our USA Website (“Websites”), that list the products and services, which we offer for sale to businesses. We also make our services available in person, face to face or over the telephone. We use the words “Service” and “Services” to refer to any or all of our products and services.

The legal terms and conditions on which we sell the Services (“Terms”) are made up of:

1) this Introduction;

2) the general terms and conditions applicable to all Services, which are set out below (“General Terms”);

3) the terms and conditions specific to each individual Service, available by clicking on the appropriate hyperlink or by scrolling down to the end of these General Terms (“Service Terms”); and

4) any other policies, documents or pages that are referred to in either the General Terms or the Service Terms (“Additional Terms”).

Our Services and the Terms may change over time. We will notify you of these changes as they occur. For further details of the types of changes that we may make, please see paragraphs 6 and 8(c)(i) below.

Once you order Services from us and we confirm your order, both we and you (on your own behalf and on behalf of the business you represent (if any)) will have to comply with the Terms. Please read the Terms carefully and make sure that you understand them, before ordering any Services from us. We strongly recommend that you read the General Terms and all Service Terms and Additional Terms that apply to the Services that you want to buy.

You will need to accept the Terms before you order our Services. If you do not accept the Terms, you will not be able to order any Services from us. You should print a copy of the Terms, or save them to your computer, for future reference.

 

 

General Terms

1. Definitions

When the following words with capital letters are used in the Terms, this is what they mean:

Agreement” means the Service Description, the Service Pricing, the Confirmation of Order and the Terms.

Beta Services” has the meaning given in paragraph 14(a).

Confirmation of Order” means the document, webpage or electronic communication that we issue to you to confirm our acceptance of your Order.

Content” means any and all textual, graphical, visual and audio content including text, code, graphics, images, logos, photographs, sounds, music, video, animation, characterization, URLs, trademarks, data, media and other content in any form.

Domain Name” means an internet domain name that is registered through a Registry.

Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, or failure of public or private telecommunications networks.

Fees” means the fees payable by you for the Services, which are described in the Service Pricing.

Free Services” has the meaning given in paragraph 15(a).

ICANN” means the Internet Corporation for Assigned Names and Numbers.

Intellectual Property Rights” means all (a) copyrights, patents, rights in trademarks, design rights, database rights, rights in know-how, trade secrets, service marks, domain names and rights in confidential information (whether registered or unregistered); (b) applications for registration, and the right to apply for registration, renewal, extension, division or reissue, for any of the rights listed in (a); and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

Laws” means laws, regulations, rules, orders, codes of practice or other requirements of governmental or regulatory bodies with authority existing anywhere in the world.

Minimum Term” has the meaning given in paragraph 3(b).

Monthly Budget” means the monthly budget for the Services that may be selected by you from time to time and which is described in the Service Pricing.

Order” means your order for the Services (including a request to use Trial Services or Free Services) which typically may be placed online via the Websites or our electronic contracting portal.

Our Content” means all Content that we create, publish or otherwise use in connection with providing the Services, including any Content that we create on your behalf or license from third parties.

Our Data” means any and all data relating to the Services or their use by you or anyone else, including data about the transactions processed through your use of the Services and any other data identified as “Our Data” in the Service Terms.

Our Representatives means our affiliates and any employee, partner, agent, contractor, service provider, licensor or other representative of us or of our affiliates.

Our UK Website” means Great British Websites business.co.uk and any website that may replace this website at any time in the future.

Our USA Website” means Great British Websites business.com and any website that may replace this website at any time in the future.

Personal Data” means any data which is about a person who is or may, using reasonable measures, be identified from that data.

Register” means a Domain Name register, which is managed by a Registry, which lists Domain Names along with registered owner details.

Registry” means any of the Domain Name registries or registrars, which is run under the rules of ICANN. For the purposes of the Terms, any Registry shall be treated as one of Our Representatives.

Service Description” means the description of a Service made available by us (including via our Websites) from time to time.

Service Month” has the meaning given in paragraph 3(b).

Service Pricing” means the pricing information for a Service made available by us (including via our Websites) from time to time.

Start Date” has the meaning given under paragraph 3(a).

Transaction Data” means the order and shipping information that we give or show you in connection with the sale of your own products and services and any other data or information we or Our Representatives give you or you get from us or Our Representatives in connection with the sale of your products or services or the submission of appointment requests for your services.

Trial Services” has the meaning given in paragraph 13(a).

You” and “you” means both the individual entering into the Agreement and the business (if any) on whose behalf the individual is entering into the Agreement and the terms “Your” and “your” shall be construed accordingly.

Your Content” means all Content that you or your employees, agents and contractors create, upload, publish or otherwise provide or use in connection with your use of the Services.

Your Country” means the United States of America if you place an Order with the help of a US sales rep or use Our USA Website or the United Kingdom if you place an Order with the help of a UK sales rep or use Our UK Website.

Your Data” means any data that you give to us or let us access about you, your business, your actual or prospective customers or the products and services that you sell and any other data identified as “Your Data” in the Service Terms, but excluding Our Data.

Your Taxes” means any and all value added, sales, use, excise, import, export and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement or the offer or sale of the goods and services that you advertise or sell through, or in connection with, the Services.

2. How the Contract is Made between You and Us

(a) Please take the time to read and check your Order before you submit it to us.

(b) Your Order will not be accepted until we issue you with a Confirmation of Order. Once we issue you with a Confirmation of Order, the Agreement between us will be made. If you have placed an order for the Services with the help of our US-based telesales team then once we provide you with the Confirmation of Order and the contract has commenced, you still have a cancellation right under paragraph 21(c).

(c) If we are unable to supply you with a Service, for example because that Service is no longer available, we will inform you of this by email and we will not process your Order. If you have already paid for the Services, we will refund you the full amount as soon as possible.

(d) Some of our Services give you the option to upgrade or downgrade to a different version of that Service. If you want to upgrade or downgrade any Service that you have bought from us, you will need to follow the instructions in the relevant Services Terms. This also applies where we give you the option to upgrade from a Trial Service or Free Service to a full version of that Service. Please note that we do not offer upgrades and downgrades for all of our Services. We will try to make your upgrade or downgrade effective as soon as possible, but you agree that this may not happen until the start of a future Service Month.

(e) If any of the various parts of the Agreement is inconsistent with any of the other parts of the Agreement, the following order of priority will apply: (i) Confirmation of Order; (ii) Service Terms; (iii) General Terms; (iv) Additional Terms; (v) Service Description; and (vi) Service Pricing.

3. Contract Term

(a) The Agreement will begin on the date that we send the Confirmation of Order (“Start Date”).

(b) If there is a minimum term requirement for a Service, this will be set out in the Service Terms and will be confirmed to you in the Confirmation of Order (“Minimum Term”). The Agreement will otherwise continue on a month-to-month basis from the Start Date (or from the end of the Minimum Term, if applicable) until cancelled by us or you. Each of these monthly periods will be known as a “Service Month”. By way of example, if the Start Date were 5 January, the first Service Month would run from 5 January to 4 February and the second Service Month would run from 5 February to 4 March.

4. Our Services

(a) In return for the Fees, we will provide you with access to and use of the Services that you have bought.

(b) We try to perform the Services as described in the corresponding Service Descriptions.

(c) You agree that we may change how Your Content looks, “feels” or is formatted if we think this is necessary or more convenient for us to provide the Services.

(d) Some of our Services rely on third parties, for example Google™ or Facebook™, to do certain things. You acknowledge that (i) we may not be able to provide a particular Service feature where you do not meet criteria set down by a relevant third party; (ii) we do not have any control or exercise influence over the third party’s own services; and (iii) a third party’s service may stop or change from time to time. You acknowledge that these are Events Outside Our Control and that neither we, nor Our Representatives, will be responsible for any impact these events may have.

(e) Some of our Services give you the option to use third party tools or Content, for example Google Maps™. You agree that this use is subject to the terms and conditions of those third parties and that we are not responsible for the performance or non-performance of any third party tools or Content.

(f) Where a Service feature involves setting up an account or setting up or administering a page or pages on a third party website, you acknowledge that: (i) where necessary, we are authorised to set up an account on your behalf; (ii) we are authorised to administer the account, page or pages on your behalf; and (ii) you are authorised and grant us permission to display all Content on the pages or account.

(g) Some of our Services involve us acting on your behalf as your agent, for example, to repoint or move your own Domain Name from one hosting provider to another. You acknowledge and agree that: (i) where necessary, we are authorised to act on your behalf as your agent; (ii) we are authorised to administer your account,on your behalf; and (iii) you are remain responsible for your account with any third party providers.

 

5. Customer Contact

(a) Our customer support team is available 24 hours a day 7 days a week, by simply clicking on the “Contact Us” section in the footer of any of our Websites. Alternatively you can email, telephone or write to us using the contact details we put on our Websites or in correspondence to you. If we can’t answer your question, we may pass you on to a third party expert who will try to resolve it.

(b) If we need to contact you, we will do so by email, telephone or post.

6. Changes to the Services or the Terms

(a) We may make changes to the Terms from time to time. If we change the Terms, we will let you know, either by email or when you next log in to the Services.

(b) We are always working to improve the Services and may change the Services or stop providing parts of the Services from time to time. This may be for a number of reasons, for example where changes are necessary because of a change in Laws or are desirable to keep up with developments in technology, or where things happen that make it unwise or difficult to continue to provide a Service in its current form. In the unlikely event that we think that the change is likely to have a serious detrimental effect on you or the business you represent, we will tell you about the change either by email or when you next log into the Services.

(c) When we notify you of a change to the Terms or the Services, the change will take effect not until at least 14 days after the date we notified you of the change. If you are not happy with the change, you can cancel the Services by following the procedure in paragraph 21(a). If you don’t cancel the Services, we will assume that you are happy with the change.

7. Use of our Websites

(a) Your use of our Websites is governed by the applicable Conditions of Use (you’ll find a link to these in the footer of each of our Websites). Please take the time to read these, as they include important terms which apply to you.

(b) We may investigate your online activities, account and any order you place with us for click-fraud or other invalid click activity. You must provide us with reasonable assistance in these investigations if we ask for it.

8. Fees and Monthly Budgets

(a) For all Services we will charge you by way of Fees or a Monthly Budget. The Service Pricing for each Service confirms how we charge for that Service. Fees and Monthly Budgets will be chargeable from the Start Date.

(b) We may use your information to obtain credit reports about you from time to time and you agree we can do this. This may include us passing your Personal Data, including your payment details, to credit reference agencies and these agencies may keep a record of any search that they carry out on our behalf.

(c) Fees

(i) The Fees will be as quoted in the Service Pricing from time to time in the applicable currency. We may change the Fees for the Services from time to time. We will notify you of any changes to the Fees either by email or when you next log in to the Services.

(ii) The Service Pricing will explain whether the Fees that you are to pay for the Services are one-off Fees, recurring Fees (for example, monthly, annual, etc.), transaction-based service Fees or some other kind of fees.

(iii) The Fees for a Service exclude all applicable sales taxes and other taxes which will be added on to the Fees.

(d) Monthly Budget

(i) The Monthly Budget includes our charges for the Services.

(ii) We will try to provide Services up to but not more than the value of your Monthly Budget in any Service Month. Where there is any Monthly Budget left at the end of a Service Month, we will automatically roll this over into the next Service Month.

(iii) If a Service is charged on a cost-per-click (“CPC”) or cost-per-thousand-impressions (“CPM”) basis, the number of clicks or impressions shall be exclusively calculated by us. Unless there is an obvious mistake on our part, you acknowledge and agree that click and impression statistics provided by us are the official, definitive measurement of activity and that no other measurements or usage statistics (including those of a third party or your own) will be accepted by us. We will try to meet any CPC or CPM targets listed in the Service Description, but you agree that these are only targets and are not guaranteed.

(iv) The Monthly Budget for a Service excludes all applicable sales taxes and other taxes which will be added on to the Monthly Budget.

9. How to pay

(a) When you submit your Order, you must provide us with the payment information that we request, which may include:

(i) details for a valid credit card from a card scheme acceptable to us;

(ii) details for a valid bank account in Your Country; or

(iii) details for a valid PayPal account.

(b) You must keep your credit card, bank account or PayPal account information up to date at all times during the term of the Agreement. You authorize us to check your information (including any updated information), to obtain credit authorizations from the issuer of your credit card, and to either charge your credit card or debit your bank account or PayPal account from time to time for any sums payable by you to us.

(c) You must pay for the Services when we require you to. We will charge the card or take the money from the bank or PayPal account whose details you give us when you place your Order.

(d) If you don’t pay when you are supposed to:

(i) we may charge you interest on the overdue amount at the lesser of 1.5% per month or the highest rate allowed by applicable Laws. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether or not this payment occurs before or after any court judgment is made. You must pay us interest in addition to the overdue amount; and

(ii) we reserve the right to suspend or cancel all or part of the Services and your access to them.

(e) We may offset any amounts you owe us (whether in reimbursement or otherwise) against any payments we make to you.

10. Service Availability and Security

(a) You understand and acknowledge that the Services are not intended to be error free and that from time to time the Services may contain mistakes, be unavailable or may not be fully functional. This may be as a result of planned or required maintenance, repairs or updates, equipment failures, high volumes of internet traffic, interruption of telecommunications or digital transmissions links, network or system errors or many other factors.

(b) We will try to minimise any disruption to your use of the Services, however, we do not promise that any Service will be provided on a continuous and uninterrupted basis, or that we will be able to correct any error that occurs in the Services. We will not be not liable for any interruptions to the Service availability or functionality, whether caused by an Event Outside Our Control or by anything else.

(c) You should notify us if you notice any problems with the availability or functioning of the Services so that we can try to fix these problems.

(d) We may temporarily suspend any Service at any time if:

(i) we believe this is necessary in order to carry out essential maintenance;

(ii) we believe this is necessary in order to prevent or respond to hacking attempts, service attacks or other similar activities directed at our systems, or to deal with any other emergency technical issue;

(iii) we have reason to believe that you are no longer using the Services or that the password and access codes we have provided to you are being misused, for example, where you fail to respond to emails from us or Our Representatives regarding your contact information; or

(iv) this suspension is required by a third party with authority, including any of Our Representatives, ICANN and judicial, regulatory or governmental bodies.

(e) Although all information transmitted to us is stored in operating environments which we believe are within industry standards for security, you acknowledge and agree that no data stored on or transmitted over the internet can be guaranteed to be 100% secure. We are not responsible for any security breach or any interception or interruption of Your Content, Your Data or any communications that you send through your use of the Services.

(f) You are responsible for securing and backing up Your Content and Your Data.

11. Your Use of the Services

How you may use the Services

(a) You and any employees, agents or contractors who you authorise, are allowed to access and use the Services for your normal, internal, business activities for the term of the Agreement. Please note that you are not allowed to resell the Services or give them away or to transfer your rights or any Agreement to a third party.

(b) You are responsible for arranging your online access to the Services and for paying any relevant fees, for example, to your broadband supplier. You are also responsible for having all the necessary equipment for accessing the Service.

(c) You will provide us with Your Content and Your Data when we request it.

(d) You will only use the Services in compliance with applicable Laws and you agree not to ask a third party to do anything on your behalf that does not comply with applicable Laws. This will include complying with all Laws that apply to your business, any local Laws that apply in the countries in which you access and use the Services, and any Laws relating to the marketing, advertising or sale of the goods and services you offer (and in particular any Laws relating to online marketing, advertising or sales).

(e) If a Service relies on third parties, for example Google™ or Facebook™, you may be required to comply with that third party’s rules or guidelines when you use that Service.For Services that include email and mailbox features, you must comply with the “Open SRS Acceptable Use Policy for Email.

(f) If we think your use of the Services is excessive, we will tell you. If you don’t reduce your usage, we may suspend or cancel your access to the Services. We may also set limits on your use of the Services, for example, a maximum number or maximum size of emails sent or received over the Service.

(g) You will meet all written security or network access requirements that we provide to and you will not disclose any passwords or access codes that we give you, except where this is needed for your authorised employees, agents and contractors to access and use the Services on your behalf and you are responsible for actions taken when your logon details are used.

(h) You will notify us immediately if you become aware of any unauthorised use of passwords or access codes that we give you or any other breach of security that could affect us or the Services.

(i) You are responsible for the remittance, calculation and collection of Your Taxes. You acknowledge that we have no responsibility for Your Taxes and we recommend that you seek independent advice from a tax professional.

(j) You understand and agree that we do not, in any circumstances, approve or endorse any product or service that you may market or sell through your use of the Services or Your Content.

(k) Where the Services require action by you, for example to carry out file clearing or maintenance, you will do what’s needed for the upkeep of these Services.

(l) You are responsible for all use of the Services by you and your employees, agents and contractors. We will not, in any circumstances, be liable to you or any third party for any damage that is caused, or any loss that is suffered, as a result of the use of the Services by you or your employees, agents and contractors.

(m) We may provide the users of our Services with tools which allow them to rate you or the goods and services that you provide through your use of the Services, to provide feedback or to ask you questions. We may make these ratings, feedback, questions and answers publicly available.

(n) We are entitled to sign you out of the Services if you are inactive for an extended period of time and to modify your user settings without notice.

Ways in which you may not use the Services

(o) Unless paragraph 11(p) applies, you will not:

(i) tamper with, update, change or gain unauthorised access to any part of any of our Services or the software or systems that we use to run the Services;

(ii) use any automated means to monitor or copy the Services or Our Content, or to interfere with or attempt to interfere with how the Services work;

(iii) modify, edit, reverse assemble, reverse engineer, decompile, distribute or display any part of our Services or make other works based on any part of our Services.

(iv) use the Services to store or transmit viruses, bugs, Trojans and other forms of computer programming malware;

(v) interfere with or disrupt the performance of the Services or any third party data;

(vi) attempt in any way to test, circumvent or breach the security of any part of our Services;

(vii) copy, republish, download, change, display or distribute any part of Our Content, in any form or by any means;

(viii) disable any licensing or control features of the Services or in any way interfere with features which place limitations on the use of the Services;

(ix) remove, obscure, or alter any notice of copyright, trade mark or other mark or wording relating to ownership rights, which is contained in Our Content or any aspect of the Services;

(x) use the Services in any way which may be considered deceptive, misleading or unethical or which might harm us, Our Representatives or the general public;

(xi) use the Services in any way that is not allowed under the Agreement;

(xii) access the Services through any means other than those which we tell you are acceptable;

(xiii) use the Services in a way that interferes with their normal operation or that consumes a disproportionate share of their resources;

(xiv) use the Services to collect or use email addresses, screen names, other identifiers or information;

(xv) use the Services to use an internet account or computer without the owner’s authorisation;

(xvi) use the Services to monitor data or traffic on any network or system;

(xvii) use the Services to distribute software that covertly gathers or transmits information about a user; or

(xviii) sub-license, assign, rent or resell the Services to any third party.

(p) You are permitted to carry out any of the actions set out in paragraph 11(o) to the extent that:

(i) you have a right to do so under relevant Laws and this right cannot lawfully be excluded by a contract;

(ii) we have granted you a right to do so under the Agreement; or

(iii) we have authorised you to do so in writing.

Your Promises to Us

(q) You confirm that you have (and will maintain for the term of the Agreement) all the necessary permissions, licences and consents (in all relevant countries) to allow you to use Your Content and Your Data in connection with the Services. You will provide evidence of the necessary permissions, licences and consents if requested by us.

(r) You confirm that Your Content and Your Data:

(i) are true, accurate, complete and kept up to date;

(ii) are in a format approved by us;

(iii) do not infringe or assist in the infringement of any Intellectual Property Rights or other rights belonging to a third party;

(iv) are not defamatory, libellous, fraudulent, malicious, slanderous, obscene, harmful, threatening, harassing, discriminatory, racially or ethnically offensive or otherwise inappropriate or unlawful;

(v) have not been altered in order to disguise where they came from;

(vi) do not contain sexually explicit images or promote unlawful violence;

(vii) are free of viruses, bugs, Trojans and other forms of computer programming malware that may potentially damage, interfere with or intercept our systems or any data contained within those systems;

(viii) do not create a risk to the safety or health of any person or the public, or interfere with an investigation by law enforcement; and

(s) You acknowledge that we are not under a duty to publish any of Your Content or Your Data. We may remove, reject or delete any of Your Content or Your Data for any reason. Without limiting our rights under paragraph 17, we may also change any of Your Content or Your Data if we consider it does not comply with paragraph 11(r), although we are not required to do this.

(t) You acknowledge and accept that you are responsible for Your Content and Your Data and any use that is made of them by any third party.

(u) You will not disparage us, Our Representatives or our Services, or any user of our Services.

(v) You will reimburse us and Our Representatives in full for any damage, loss, liabilities, fees, costs and expenses that we or they suffer (including any claims brought against us or them by third parties) as a result of you not following any part of this paragraph 11.

12. Domain Names

(a) The Registry may reject applications for Domain Names based on its standard rules for handling applications. We provide no guarantee that any application we make on your behalf for a Domain Name will be accepted.

(b) If your preferred choice of Domain Name is not available, we will give you the option to select an alternative Domain Name. If your preferred Domain Name becomes unavailable between checkout and registration we will advise you of this and we will either offer you an alternative Domain Name or (at your option) refund to you any Fees that you have paid us in respect of the relevant Domain Name.

(c) We do not give any guarantee that any of your preferred Domain Names are available or are able to be registered. Any actions that you take before we notify you that the Domain Name has been officially registered, for example publishing your preferred Domain Name, are at your own risk.

(d) You will need to inform both us and the Registry promptly of any:

(i) change to your registered details for the Domain Name, for example your contact information; and

(ii) actual or potential claims brought by or against you in connection with the Domain Name.

(e) We will renew the Domain Name automatically each year unless you cancel the Domain Name or any Service which comes with the Domain Name, or if you sell or otherwise transfer the Domain Name to a third party.

(f) The Service Terms confirm who owns the Domain Name and who is responsible for paying the fees for renewing the Domain Name each year. You acknowledge that the fees for renewing the Domain Name may change each year and that this may affect the overall Fees that you pay for the Services.

(g) We will not be liable for any loss that you suffer as a result of your failure to renew the Domain Name registration once you have cancelled the Domain Name or any Service which comes with the Domain Name, or if you have sold or otherwise transferred the Domain Name to a third party.

(h) When we register or renew your registration of a Domain Name you understand and accept that we will be acting on your behalf as your representative. You must comply with the terms and conditions, rules and policies of the Registry or Registries where the Domain Names are registered.

(i) If the Domain Name is to be transferred from one Registry to another, you will provide any assistance that we or the Registries require in order for the transfer to take place.

13. Trial Services

(a) This paragraph 13 applies where we give you a trial of any of the Services (“Trial Services“).

(b) Each customer is allowed one Trial Service of each relevant Service category. We will provide the Trial Service for the time period specified in the Service Terms (“Trial Period”) free of charge.

(c) The Service Description for each Trial Service sets out additional terms that apply to that Trial Service.

(d) The Trial Services will be automatically cancelled at the end of the Trial Period. If you want the service to continue after the end of the Trial Period, you will have the option to place an Order for a Service of the same Service category. Some of the basic options for the Services you might order may be Free Services.

(e) Trial Services are not transferable and no cash alternative will be provided. We reserve the right to change or withdraw the Trial Services at any time and we will not be liable to you in these circumstances.

(f) In return for receiving the Trial Services, you agree to take part in email or telephone feedback and market research surveys from time to time during the Trial Period, and for 6 months after the end of the Trial Period. We are entitled to use your feedback in our advertising, promotions and sales and marketing materials.

(g) All the provisions of the Terms will apply to the Trial Services in the same way as they apply to the Services except that paragraphs 4(b), 8 and 9 of these General Terms will not apply to the Trial Services.

14. Beta Services

(a) This paragraph 14 applies where we provide you with a “Beta”, “Alpha”, “Experimental”, “Pilot”, “Evaluation”, “Pre-release”, “Unsupported” or similar version of any of the Services (“Beta Services“) for a period of time (“Beta Use Period“). The term “Beta Services” will also include any Service or any feature of any Service that is identified as “Beta”, “Alpha”, “Experimental”, “Pilot”, “Evaluation”, “Pre-release”, “Unsupported” or anything similar.

(b) The Beta Services are provided “as is” and we do not make any promises of any kind in relation to them. We do not promise that the Beta Services will be free from faults or defects and we will not be liable for any loss of, or corruption to, Your Data that may happen due to your use of a Beta Service. You agree that your use of the Beta Services is at your own risk and that you have sole responsibility for protecting Your Data and Your Content when making any use of the Beta Services. If any representations or guarantees apply to the Beta Services by law, we exclude those as far as it is within our rights to do so.

(c) We reserve the right to change or withdraw the Beta Services at any time and we will not be liable to you in these circumstances.

(d) All the provisions of the Terms will apply to the Beta Services in the same way as they apply to the Services except that paragraph 4(b) of these General Terms will not apply to the Beta Services.

15. Free Services

(a) This paragraph applies where we provide you with Services free of charge which are not Trial Services or Beta Services ( “ Free Services”).

(b) The Service Description for each Free Service sets out additional terms that apply to that Free Service.

(c) All Free Services are provided “as is” and we do not make any promises of any kind in relation to them. We do not promise that Free Services will be free from faults or defects and we will not be liable for any loss of, or corruption to, Your Data that may happen due to your use of a Free Service. You agree that your use of Free Services is at your own risk and that you have sole responsibility for protecting Your Data and Your Content when making any use of the Free Services. If any representations or guarantees apply to Free Services by law, we exclude those as far as it is within our rights to do so.

(d) We reserve the right to change or withdraw Free Services at any time and we will not be liable to you in these circumstances.

(e) All the provisions of the Terms will apply to the Free Services in the same way as they apply to the Services except that paragraph 4(b), 8 and 9 of these General Terms will not apply to Free Services.

(f) In return for receiving the Free Services, you agree to take part in email or telephone feedback and market research surveys from time to time while you are receiving the Free Services, and for 6 months afterwards. We are entitled to use your feedback in our advertising, promotions and sales and marketing materials.

16. Intellectual Property Rights

(a) We are the sole owners of, or we otherwise have a legal right to use, all Intellectual Property Rights in the Services (including all Intellectual Property Rights in our software, Our Content and in any other products or materials created by or for us in connection with the Services). You agree that we may collect information about your use of the Services and your customer’s interaction with the Services. Where we combine this information (in a way that ensures that you cannot be identified) with similar information collected from other users of our Services, we will be the sole owner of this information.

(b) You confirm that you are the sole owner of, or otherwise have a legal right to use, all Intellectual Property Rights in Your Content. If we think that the Intellectual Property Rights in any of Your Content belong to a third party, we may tell the third party that you intend to use these Intellectual Property Rights and you agree to us doing so.

17. Rights Granted by You to Us

(a) You grant to us a worldwide, non-exclusive, sub-licensable and permanent right to access, use, copy, store, modify and publish Your Content and Your Data, on our Websites or through any other form of media, for any purpose in connection with the Services or the Agreement, for our own marketing, research and promotional activities (including sharing Your Content and Your Data with selected third party social media and networking sites) and for the internal business purposes of us and Our Representatives, except where this is in any way restricted by any term of the Agreement or by any applicable Laws.

(b)You agree by requesting a site scrape of your existing website that you have all the rights to the Content on your existing website to allow us:

(i)to perform the site scrape on your behalf; and

(ii) to use, fully access, copy, store, compile, recompile and index (at your request) any of the Content scraped in your Services including but not limited to any data and copyright works comprised therein, or any portion thereof, by automated means including web ‘spiders’ or ‘crawlers’

(iii) authorise us to conduct the site scrape on your behalf

In no event will we be liable for any claims that the Content scraped from your existing website infringes the Intellectual Property Rights of any third party. If you are in any doubt as to ownership of the Content of your existing website please do not request the site scrape.This grant shall apply notwithstanding any contrary terms and conditions which you may apply to such website from time to time. Your continued use of the Services shall constitute a waiver of any applicable contrary terms and conditions and any other rights you may have, contractual or otherwise, to restrict the rights granted to us or Our Representatives under this paragraph 17(b).

(c) We may transfer the rights granted to us under this paragraph 17 to another organisation.

18. Data and Privacy

(a) You will own all rights in Your Data and you are solely responsible for ensuring the legality, reliability, integrity, accuracy and quality of Your Data.

(b) You will make sure that all use of the Services by you, or your employees, agents and contractors, will meet all relevant data protection and privacy Laws.

(c) We are the sole owners of all rights in Our Data and we may use it at our discretion and without restriction, including after cancellation of any or all of the Services. You must not: (i) disclose any of Our Data to anyone; or (ii) use any of Our Data for any marketing or promotional purposes or in any way that is inconsistent with our Privacy Policy or applicable Laws.

19. Confidentiality

(a) As a result of entering into the Agreement, you may get access to, information about us which is not known publically (“Confidential Information”). You must keep this secret and you are not allowed to share it with any third party or allow any third party to look at it, and you must make sure that your employees, agents and subcontractors, meet these rules too.

(b) You must make sure that our Confidential Information is only used by people who need it in order to carry out duties they may have in connection with the Agreement.

(c) This paragraph 19 will not prevent you sharing information which is already known generally to the public, known to you outside of the Agreement.

(d) If you become aware of any actual or threatened unauthorised use or sharing of any of our Confidential Information, you must tell us as soon as possible.

20. Our Liability to You

(a) There is no limit under the Agreement to what we or any of Our Representatives will be liable for if we have committed fraud or if someone dies or is injured because of something we have or have not done.

(b) Except for the matters set out in paragraph 20(a), neither we nor any of Our Representatives will, in any circumstances, be responsible for any:

(i) loss of profits, sales, business, or revenue;

(ii) loss, or corruption of data, information or software or loss of use of information;

(iii) loss of business opportunity;

(iv) loss of savings you expected to make;

(v) loss of goodwill; or

(vi) loss or damage that you and we would not have thought likely at the time the Agreement was formed.

(c) If we do not keep to these Terms, we will only be responsible for losses you have suffered which you and we would have thought likely at the time the Agreement was formed. We are not responsible for any other loss that you suffer, whether that loss is caused because we have not kept to our obligations under the Agreement, because of something we have done or not done, because we have made defamatory statements or otherwise as a result of:

(i) you using or relying on the Services;

(ii) you not being able to use the Services;

(iii) any mistake, fault, failure to do something, missing information, or virus or other form of computer programming malware in the Services or if the Services don’t work properly because of Events Outside Our Control;

(iv) theft or destruction of information or someone getting access to our records, programs or services without our permission; or

(v) any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the Services.

(d) Except for the matters set out in paragraph 20(a), in no circumstances will we or any of Our Representatives be liable to you for the Trial Services, Beta Services or Free Services.

(e) Except for the matters set out in paragraph 20(a), our liability to you for any loss or damage suffered by you in connection with the Agreement or Services will be limited to the total Fees or Monthly Budget that you have paid to us for the affected Service in the 6 months prior to the event giving rise to our liability. You also agree that, except for the matters referred to in paragraph 20(a), Our Representatives will not be liable to you for any loss or damage you may suffer due to the provision of, or failure to provide, the Services.

(f) Except as set out in the Terms, we do not make any promises in relation to the Services. Where any promises would be implied into the Agreement by law, we exclude these as far as it is within our rights to do so. It is up to you to decide whether the Services are suitable for your needs. We won’t be responsible for this. We do not make any promises concerning the performance, results or success rates that may be achieved by any Service.

(g) We do not control the Content made available by your use of the Services and we do not guarantee the accuracy, truth, quality or appropriateness of this Content for your needs. By using the Services, you may be exposed to Content that is offensive or indecent (including spam), or which may contain viruses or other computer programming malware. Under no circumstances will we or Our Representatives be liable in any way for any Content posted, emailed, transmitted or otherwise made available by your use of the Services.

21. Your Cancellation and Refund/Credit Rights

Cancellation by You

(a) You may cancel any or all of the Services at any time , either by telephoning us, emailing us or writing to tell us. Unless you are still within your Minimum Term, cancellation will take effect as soon as possible after we receive your request to cancel. For some Services (but not all) we may offer you a pro-rated refund or credit where cancellation takes effect part way through a Service Month. The Service Terms include details of the refunds and credits that we offer. You agree that we have the right to decide: (i) the amount of any pro-rated refund or credit; and (ii) whether this amount is given as a refund or credit against your account. If you are within your Minimum Term, you may cancel the Services at the end of the Minimum Term.

(b) If you are buying the Services as a consumer (rather than as part of your business, profession or trade) and Your Country is the UK then you will have a legal right to cancel the Services within 7 working days of the Start Date. However, you agree that you will lose this right to cancel once we start performing the Services with your permission. You agree that you give us this permission when you submit your Order to us. This means that we can provide the Services and you can use the Services straight away on the Start Date.

(c) If you place an order for Services with the help of our US-based telesales team then you will have a period of seven (7) days from the date of the Confirmation of Order (the “Review Period”) to review the full terms and conditions and details of this Agreement. If you decide that you no longer want to receive the Services, you must notify us during the Review Period either by telephoning us, emailing us or writing to tell us. If you have paid any moneys, but you have not yet activated the Services, you will be entitled to receive a full refund. If you have activated the Services, you acknowledge that we will offer you a pro-rated refund or credit. After expiration of the seven (7) day Review Period, you may cancel the Services in accordance with 21(a).

Cancellation or Suspension by Us

(d) We may cancel any or all of the Services at any time either by telephoning you, emailing you or by writing to you. When we contact you we will tell you when cancellation will take effect and we will try to give you as much notice of this as possible. Where cancellation takes effect part way through a Service Month we will, unless paragraph 21(e) applies, offer you a pro-rated refund or credit. You agree that we have the right to decide: (i) the amount of any pro-rated refund or credit; and (ii) whether this amount is given as a refund or credit against your account.

(e) We may cancel or suspend any or all of the Services immediately and without telling you beforehand, if:

(i) you do not pay us when you are supposed to as set out in paragraph 9. This does not affect our right to charge you interest under paragraph 9(d)(i);

(ii) you use the Services in any way that breaks or may break any applicable Law, is fraudulent or that may adversely impact the Services, Us or Our Representatives;

(iii) you use the Services in any way that infringes or may infringe any rights belonging to a third party, or in any way which breaks or may break any relevant third party rules, for example the rules of a Registry;

(iv) we receive a complaint or are notified of a legal claim which relates to your use of the Services;

(v) you commit click-fraud;

(vi) you do not comply with your commitments in paragraphs 11 or 23;

(vii) you break the Agreement in any other significant way and you do not correct or fix the situation within 30 days of us asking you to; or

(viii) you enter into administration, insolvency, bankruptcy or any similar procedure anywhere in the world or you are otherwise unable to pay your debts as they fall due.

(f) If we cancel the Services under paragraph 21(e), you will not be entitled to any refund or credit of any amount that you have paid for the Services.

(g) If we suspend the Services under paragraph 21(e), the Services will remain suspended unless and until you have fixed the cause of the suspension to our satisfaction; or either we or you cancel the Services.

(h) If we suspend or cancel the Services under paragraph 21(e), we will be entitled to refuse any or all future use by you of any or all of the Services, or any part of them.

22. Consequences of Cancellation

(a) Following the cancellation of any Services, you will no longer be able to access or use those Services and any account that you hold with us may be deactivated or deleted.

(b) We are not responsible for storing Your Data or Your Content following cancellation of the Services for any reason. You acknowledge that it is your responsibility to back up Your Data and Your Content if you want access to it following cancellation.

(c) We will not be liable to you for any loss you may suffer as a result of the termination of any Service.

23. Ethical Standards

(a) You must, and must make sure that your officers, employees, agents and service providers: (i) at all times comply with all anti-corruption Laws applicable to you; and (ii) not, directly or indirectly offer, promise or give (or agree to offer, promise or give) any financial or other advantage with respect to any matters which are the subject of the Agreement or obtain any benefit for us which would violate any anti-corruption laws applicable to you or us.

(b) If you become aware or suspect that this paragraph 23 has been broken, you must tell us straight away. We may immediately suspend operation of the Agreement on written notice to you, pending investigation. You must assist us in any such investigation.

(c) If, in our reasonable opinion, you have broken this paragraph 23: (i) we may immediately cancel the Agreement by giving you written notice; and (ii) you will reimburse us and Our Representatives in full for any damage, loss, liabilities, fees and expenses that we or they suffer (including any claims brought against us or them by third parties) as a result.

24. Contractual Authority

(a) You confirm that:

(i) you have the authority to enter into the Agreement on your own behalf and on behalf of the business you represent (if any); and

(ii) you are over eighteen (18) years of age.

25. Other Important Terms

(a) Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

(b) We may transfer our rights and promises under an Agreement to another organisation. We will tell you if this happens.

(c) The Agreement is between you, on your own behalf and on behalf of the business you represent (if any), and us. No other person will have any rights to enforce any of its terms.

(d) By entering into the Agreement, you personally and individually undertake and assume, jointly and severally with the business you represent (if any), the full performance of the Agreement including payment of amounts due under the Agreement.

(e) If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you.

(f) All references in the Agreement to “written” or “writing” will include email unless stated otherwise.

(g) The Agreement contains the whole agreement between you and us and replaces any other agreement or communication between you and us relating to the Services (including any communications made on or via the Websites). You acknowledge that you have entered into the Agreement without relying on any previous statement or promises made by us, unless those statements or promises have been included in the Agreement. However, this paragraph 25(f) does not in any way limit our liability for making fraudulent statements in connection with the Services or otherwise.

(h) We are not in any kind of partnership, contract of employment or joint venture with you. Nothing in the Agreement will be taken as authorising you to act as our agent.

(i) We are not authorised to do business in every state and country. We try to make sure that the Services listed on Our UK Website are available for purchase in the United Kingdom and that the Services listed on the Our USA Website are available for purchase in the United States of America. If you are not located in the United Kingdom or the United States of America, we may not be able to fulfil any Orders that you submit to us.

(j) If Your Country is the United Kingdom, the Agreement will be governed by English law and we both agree that the Courts of England and Wales will have exclusive jurisdiction. This means that any dispute or claim arising out of or in connection with the Services or the Agreement (including non-contractual disputes or claims), will be governed by English law, and any claim must be brought before a Court located in England or Wales.

(k) If Your Country is the United States of America, the Agreement will be governed by the laws of the State of New York (without reference to its conflicts of laws principles) and we both agree that the Federal and State Courts located in New York County, New York will have exclusive jurisdiction. This means that any dispute or claim arising out of or in connection with the Services or the Agreement (including non-contractual disputes or claims), will be governed by the laws of the State of New York, and any claim must be brought before a Court located in New York County, New York.

(l) In any legal proceedings, both parties agree to waive any rights they may have to participate in any class, group or representative proceeding and both parties agree to waive any right they may have to a trial by jury.

Service Terms for Great British Websites  Websites

Contract Type: Month-to-Month.

Free Trial Period: 30 days. As part of the Trial you will have access to limited eShop features. Please see our Supplementary Service Terms for more information.

Payment Method: If you have ordered this Service through any of our Websites, then you may choose to pay the Fees:

a) on a monthly recurring basis; or

b) upfront for 12 months on an annual recurring basis (“Annual Fee”)

If you choose to pay an Annual Fee then at the end of each 12 Month period, you will automatically be charged an Annual Fee. For each Annual Fee you pay, you will receive a 10% discount on the total amount of 12 monthly recurring payments excluding taxes.

If you have ordered this Service with the help of our telesales or premise sales team (“TelePrem Customer”), you must pay the Fees on a monthly recurring basis.

Upgrades/Downgrades: You may purchase an upgrade to this Service at any time by clicking the “upgrade” link in the “My Account” section available on our Website. If you wish to downgrade this Service, you will need to cancel the Service and place a new Order for the Service you want. We will then issue you with a new Confirmation of Order.

Domain Name Ownership:If you buy the Service, you will own the Domain Name that we provide to you. If you sign up for a Trial Service, we will own the Domain Name that we provide to you.

Domain Name Renewal Fees:Payable by us.

Refunds/Credit: If you have bought this Service through our Websites and have chosen to pay the Fees on a monthly recurring basis: On cancellation made part way through a Service Month (except cancellation under paragraph 21(e) of the General Terms) we will give you a pro-rated refund or credit.

If you are a TelePrem Customer: On cancellation made part way through a Service Month (except cancellation under paragraph 21(e) of the General Terms) we will give you a pro-rated refund or credit. Please note that in the event that you cancel prior to the end of your one (1) year or two (2) year signup term, you will have to repay any discount amounts you received for this Service (the “Discount Repayment Amount”). Any pro-rata refund or credit that you are entitled to will be deducted from the Discount Repayment Amount and you will be billed this amount on your next monthly payment date.

If you have chosen to pay an Annual Fee for this service: On cancellation made part way through or at the end of a Service Month (except cancellation under paragraph 21(e) of the General Terms) we will give you a pro-rated refund or credit. Please note that any discount that you received for this Service will be taken out of any pro-rated refund or credit that we give you.

Supplementary Service Terms:

Please note, if you decide to use your own Domain Name with a Great British Websites  Website, you will not have access to the email account/mailbox features of this Service.

If you are a TelePrem Customer, your purchase of this Service automatically includes the Design service and any of the following Services- Great British Websites  Wave, 30s Motion Video Service and the Great British Websites  Assist. Please see the Service Terms for Design for more information.

If you are a TelePrem Customer, any cancellation of this Service will automatically cancel the Design service and any of the following Services that you have purchased: Great British Websites  Wave, 30s Motion Video Service and the Great British Websites  Assist Service.

The following words with capital letters are used in relation to Great British Websites  Websites Trial, this is what they mean:

Buyer” means someone who buys Your Products and Services using your Great British Websites  Websites Trial product.

Your Products” means all products that you advertise, offer for sale or sell through your Great British Websites  Websites trial.

Your Products and Services” means Your Products and Your Services.

Your Services” means all services that you advertise, offer for sale or sell through your Great British Websites  Websites trial product.

Your Transactions” means the sale of Your Products and Services by you to Buyers.

Great British Websites  Websites Trial does not support the calculation or collection of sales taxes. Regardless of anything contained in the Agreement, you acknowledge and agree that you are responsible for the proper calculation, collection and payment of Your Taxes, for filing all associated returns and for issuing VAT invoices/credit memos, when required. We are not responsible for collecting, paying or reporting upon Your Taxes, and we will have no liability to you or any third party in respect of Your Taxes. If we are legally required to collect any federal, state or local sales, use, excise, gross receipts, value added or similar taxes from you, you agree to promptly pay the required amount to us, on request by us. We recommend that you consult with an independent tax advisor to understand your tax obligations arising from Your Transactions.

 

Service Terms for Design

Contract Type: One-off service.

Upgrades/Downgrades: Not applicable.

 

Supplementary Service Terms:

1. When the following words with capital letters are used in the following supplementary Service Terms for Design, this is what they mean:

“Amendment” means a request for small changes to your Great British Websites  Website, which may include but are not limited to content changes (i.e. spelling mistakes, changing font and font colour), simple menu change, and changing colors.

2. This is a bolt-on service and you must purchase a Great British Websites  Website tier in addition to this Service.

3. We agree to build up to ten (10) pages of a website for your approval (features of the website are dependent on the Great British Websites  website tier that you have bought). We will only start building your website once you have provided us with Your Content, Your Data and any other materials and information that we request from you in order for us to provide the Services. We offer two rounds of Amendments (that are fair and reasonable) to your website within four weeks from the day of the first proofing email that we send you. Any Amendments that you have requested to your website will be available for you to review once we have sent you an amends confirmation email.

4. You agree that we may change how your chosen website template looks, “feels” or is formatted if we think this is necessary or more convenient for us to provide this Service.

Service Terms for eShops

Contract Type: Month-to-Month.

Payment Method: You may choose to pay the Fees

a) on a monthly recurring basis; or

b) upfront for 12 months on an annual recurring basis (“Annual Fee”)

If you choose to pay on an Annual Fee then at the end of each 12 Month period, you will automatically be charged an Annual Fee. For each Annual Fee you pay, you will receive a 10% discount on the total amount of 12 monthly recurring payments excluding taxes.

Transaction Data: Transaction Data is Your Data and you give us the necessary permissions, licences and consents (in all relevant countries) to allow us to sublicence such Transaction Data in an anonymised form to any of our third party suppliers only if it is necessary to do so for us to provide you and our customers with the Services.

Free Trial Period: Not Applicable

Upgrades/Downgrades: You may purchase an upgrade to this Service at any time by clicking the “upgrade” link in the “My Account” section available our Website. If you wish to downgrade this Service, you will need to cancel the Service and place a new Order for the Service you want. We will then issue you with a new Confirmation of Order.

Refunds/Credit: If you have chosen to pay the fees on a monthly recurring basis: On cancellation made part way through a Service Month (except cancellation under paragraph 21(e) of the General Terms) we will give you a pro-rated refund or credit.

If you have chosen to pay an Annual Fee for this Service: On cancellation made part way through or at the end of a Service Month (except cancellation under paragraph 21(e) of the General Terms) we will give you a pro-rated refund or credit.Please note that any discount that you received for this Service will be taken out of any pro-rated refund or credit that we give you.

Supplementary Service Terms:

1. This is a bolt-on service and you must purchase a Great British Websites  Website tier in addition to this Service.

2. When the following words with capital letters are used in the following supplementary Service Terms for eShops, this is what they mean:

Buyer” means someone who buys Your Products and Services using eShops.

Your Products” means all products that you advertise, offer for sale or sell through your eShop.

Your Products and Services” means Your Products and Your Services.

Your Services” means all services that you advertise, offer for sale or sell through your eShop.

Your Transactions” means the sale of Your Products and Services by you to Buyers.

3. eShops does not support the calculation or collection of sales taxes. Regardless of anything contained in the Agreement, you acknowledge and agree that you are responsible for the proper calculation, collection and payment of Your Taxes, for filing all associated returns and for issuing VAT invoices/credit memos, when required. We are not responsible for collecting, paying or reporting upon Your Taxes, and we will have no liability to you or any third party in respect of Your Taxes. If we are legally required to collect any federal, state or local sales, use, excise, gross receipts, value added or similar taxes from you, you agree to promptly pay the required amount to us, on request by us. We recommend that you consult with an independent tax advisor to understand your tax obligations arising from Your Transactions.

Service Terms for Assist

Contract Type: Month to Month

Payment Method: If you have ordered this Service through any of our Websites, then you may choose to pay the Fees

a) on a monthly recurring basis; or

b) upfront for 12 months on an annual recurring basis (“Annual Fee”)

If you choose to pay on an Annual Fee, you will be entitled to a (ten) 10% discount. After the initial Annual Fee payment, you will automatically be charged an Annual Fee at the end of the each 12 Month period.

If you have ordered this Service with the help of our telesales or premise sales team (“TelePrem Customer”), you must pay the Fees on a monthly recurring basis.

Upgrades/Downgrades: Not applicable.

1. When the following words with capital letters are used in the following supplementary Service Terms for Assist, this is what they mean:

Amendment” means a small and simple change to your Great British Websites  Website (as determined by Great British Websites ), which may include but are not limited to content changes (i.e. spelling mistakes, changing font and font color), simple menu changes, changing colors.

Change” means a complex change to your Great British Websites  website (as determined by Great British Websites ) which may include but is not limited to complex content changes, complex menu changes, adding imagery and adding of widgets

Update” means either an Amendment or a Change.

2. This is a bolt-on service and you must purchase a Great British Websites  Website tier in addition to this Service.

3. We agree to provide you with up to 2 updates (that are fair and reasonable) to your website in each Service Month and build up to 4 new website pages in each Service Year (provided this is allowed within your chosen Great British Websites  Websites tier).

4. You may request an Update using the webform available on Our Website or by contacting Customer Service.

5. Once you have received this Service consecutively for two (2) Service Years, Great British Websites  will on your request, redesign your Great British Websites  Website at no extra cost to you. Any request for a redesign of your Great British Websites  Website must be made by contacting Customer Service within one (1) year of the date that you become eligible for the redesign. Great British Websites  shall have no obligation to redesign your Great British Websites  Website if you have not requested Great British Websites  to do so within the time period stated in this paragraph.

Service Terms for Domains

Contract Type: Annual.

Upgrades/Downgrades: Not applicable.

Domain Name Ownership: You own the Domain Name.

Domain Name Renewal Fees: Payable by you.

Refunds/Credit: Unless paragraph 12(b) or paragraph 21(d) of the General Terms applies, you are not entitled to any refund or credit on cancellation of the Service for any reason.

Service Terms for Display Advertising

Contract Type: Month-to-Month.

Free Trial Period: No Trial Service available.

Upgrades/Downgrades: You can upgrade or downgrade this Service by simply adjusting your Monthly Budget up or down.

Refunds/Credit: On cancellation made part way through a Service Month (except cancellation under paragraph 21(e) of the General Terms) we will give you a pro-rated refund or credit.

Service Terms for eMarketplace

Contract Type: Month-to-Month.

Transaction Data: The Transaction Data is Our Data.

Promotional Offer: Pay no Monthly Fees for the first 2 months – promotional rules apply, click here to view.

Upgrades/Downgrades: None available.

Refunds/Credit: Unless paragraph 21(d) of the General Terms applies, you are not entitled to any refund or credit on cancellation of the Service for any reason.

Supplementary Service Terms:

1. When the following words with capital letters are used in the following supplementary Service Terms for eMarketplace, this is what they mean:

Buyer” means someone who buys Your Products and Services using the eMarketplace.

eMarketplace” means the part of the eMarketplace Website designed to bring local buyers and businesses together to transact.

eMarketplace Website” means market.Great British Websites .co.uk if Your Country is the United Kingdom and market.Great British Websites .com if Your Country is the United States of America and any website that may replace these websites at any time in the future.

Prohibited Products” means all products or services that we do not allow to be advertised, offered for sale or sold on the eMarketplace Website, as listed in our Advertising Policy .

Sale Proceeds” means the total amount paid by a Buyer for Your Transactions, including the purchase price, shipping and taxes and duties.

Your Products” means all products that you advertise, offer for sale or sell through the eMarketplace or the eMarketplace Website.

Your Products and Services” means Your Products and Your Services.

Your Services” means all services that you advertise, offer for sale or sell through the eMarketplace or the eMarketplace Website.

Your Transactions” means any of the following, conducted through the eMarketplace or the eMarketplace Website:

a. the sale of Your Products and Services by you to Buyers; or

b. the submission of a request for an appointment by a Buyer to you.

2. The Sale Proceeds of Your Transactions (if any) will be transferred to your PayPal account, pursuant to your agreement with PayPal, in the currency we choose.

3. If we reasonably believe that your actions or performance under the Agreement may result in a significant number of customer complaints, chargebacks or other claims being made against you in connection with the eMarketplace Website, then we may delay initiating the transfer of any Sale Proceeds to you for the shorter of: (a) a period of ninety (90) calendar days; or (b) completion of any investigations regarding your actions or performance under the Agreement.

4. Where any listing for Your Products and Your Services contain offers or promotions that are time-limited, you must ensure that those offers and promotions are clearly presented to users of the eMarketplace Website and are not in any way misleading.

5. You may not include: (a) any website links of any type (except to link to another location on our Websites, to link to any of our policies, or to link to a third party site required by Law); (b) your phone number or (c) your email address in your listings or Your Content on the eMarketplace Website or in any communication with any Buyer.

6. Regardless of anything contained in the Agreement, you acknowledge and agree that you are responsible for the proper calculation, collection and payment of Your Taxes, for filing all associated returns and for issuing VAT invoices/credit memos, when required. We are not responsible for collecting, paying or reporting upon Your Taxes, and we will have no liability to you or any third party in respect of Your Taxes. If we are legally required to collect any federal, state or local sales, use, excise, gross receipts, value added or similar taxes from you, you agree to promptly pay the required amount to us, on request by us. We recommend that you consult with an independent tax advisor to understand your tax obligations arising from Your Transactions.

7. Irrespective of paragraph 2(e) of the General Terms, the Conditions of Using our Website or eMarketplace will take priority over the Service Terms, the General Terms and all other Additional Terms in relation to the eMarketplace Service only.

8. You will reimburse us and Our Representatives in full for any damage, loss, liabilities, fees and expenses that we or they suffer (including any claims brought against us or them by third parties) as a result of your use of the eMarketplace Website or any of Your Products and Services.

9. You must not:

(a) contact any users of the eMarketplace Website who have ordered Your Products and Services to try to collect any payments for their orders directly, to influence them to make an alternative purchase, or to harass them;

(b) encourage users of the eMarketplace Website to purchase from you directly (for example from your own store or website) in an attempt to avoid paying any Fees which would otherwise have been payable for Your Transactions; or

(c) target communications of any kind to the users of the eMarketplace Website.

10. We are not an auctioneer or an intermediary between you and any user of the eMarketplace Website who buys Your Products and Services.

11. Neither we nor Our Representatives are involved in Your Transactions, nor are we or they involved in your dealings with other users of our Websites, including Buyers and other users of the eMarketplace Website (collectively, “Users”). If a dispute arises between you and one or more Users, we and Our Representatives will have no responsibility in relation to that dispute and you will reimburse us and Our Representatives in full for any damage, loss, liabilities, fees and expenses that we or they suffer (including any claims brought against us or them by third parties) as a result of the dispute.

12. The eMarketplace Service gives you the ability to advertise, offer for sale and sell Your Products and Services to Buyers. If you choose to do so, the following rules will apply:

(a) You must have a valid PayPal account.

(b) You will ensure that Your Products and Services (including packaging, documentation and materials) and all advertising, offers for sale and actual sales of Your Products and Services comply with all applicable Laws. Your Products and Services may not contain any sexually explicit (except to the extent permitted under the Agreement), defamatory or obscene materials. You may not provide any information for, or otherwise seek to list any Prohibited Products for sale on the eMarketplace Website.

(c) You agree to provide the following information for each of Your Products and Services (as applicable) and to promptly update this information as necessary to ensure it remains accurate and complete and to ensure that it complies with all applicable Laws at all times:

(i) product/service description including, where applicable, brand and model/version;

(ii) categorization within each product/service category, as set by us from time to time;

(iii) an accurate, digital image;

(iv) pricing information;

(v) shipping and handling charges and any shipping limitations, options, or requirements;

(vi) SKU and, if applicable, EAN/UPC numbers and other identifying information as we may reasonably request;

(vii) in-stock status and availability;

(viii) any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or sale of Your Products and Services;

(ix) any special requirements, restocking fees or other terms and conditions applicable to Your Products and Services that a customer should be aware of before purchasing the product or service;

(x) product dimensions using measurements commonly used within Your Country;

(xi) product weight using measurements commonly used within Your Country;

(xii) if applicable, a list of technical requirements or specifications; and

(xiii) any other information requested by us (e.g. the condition of used or refurbished products).

(d) You are not allowed to ship Your Products outside of Your Country via the eMarketplace Website. For each of Your Products, you will confirm to us the state or country from which you will ship that product.

(e) We will list Your Products and Services for sale in the applicable product and service categories which are available for third party sellers generally on the eMarketplace. You understand that this is a non-exclusive agreement and that the eMarketplace may include products and services from other sellers that are identical, similar to or that compete with Your Products and Services. We are entitled to restrict your ability to list Your Products and Services in any or all categories on the eMarketplace.

(f) You will:

(i) lawfully obtain, sell, fulfil, ship and deliver Your Products and Services to the Buyer in accordance with the terms of the Buyer’s order, the terms of the Agreement, and all terms provided by you and displayed on (or hyperlinked from) your seller information page and the applicable listing for Your Products and Services at the time of the order. You will be solely responsible for and bear all risk for these activities;

(ii) comply with all instructions relating to the advertising or sale of Your Products and Services;

(iii) identify yourself as the seller of Your Products and Services on all sales and delivery documentation (including packing slips included with Your Products) and as the person to which a Buyer may return Your Products or that a Buyer may contact to cancel Your Services;

(iv) include an order-specific packing slip within each shipment of Your Products, which also includes information relating to returning Your Products;

(v) package each of Your Products so as to avoid damage and ship each of Your Products on or before its estimated ship date;

(vi) not cancel any of Your Transactions except where this is permitted under the terms and conditions appearing on your seller information page or the applicable listing for Your Products and Services at the time of the applicable order or as may be required under Law or the Agreement;

(vii) provide us with information, without delay, regarding the shipment of Your Product, its order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, and we may make any of this information publicly available;

(viii) promptly respond to questions from your Buyers and to requests for appointments for Your Services; and

(ix) retrieve Buyer orders at least once each business day.

(g) We are entitled to withhold for investigation, refuse to process, restrict shipping destinations for, stop or cancel any of your orders or shipments. You will stop or cancel orders if we ask you to do so and if you have already transferred Your Products to the carrier, you will use your best efforts to stop or cancel delivery by the carrier. You will refund in full any Buyer that has been charged for an order that we stop or cancel in compliance with paragraph 12(i) below.

(h) You will bear all credit card fraud risk and other risk of fraud or loss.

(i) You must provide us with your returns and refunds policies for public display on your seller information page. You agree to:

(i) accept and process returns, adjustments and refunds relating to Your Products and Services in accordance with the Terms in force at the time of the applicable Buyer order;

(ii) provide refunds and adjustments (that you are obligated to provide under applicable return and refund policies or as required by Law) promptly, but never than thirty (30) days following the refund request;

(iii) calculate the amount of all refunds and adjustments (including Your Taxes, shipping and handling or other charges) or other amounts to be paid by you to Buyers in connection with your sales. You will route all these payments through us, or our chosen payment services provider. We, or our chosen payment services provider, will provide these payments to the Buyer, and you will reimburse us for all amounts paid by us in this way; and

(iv) notify us of any changes to your returns and refunds policies. No change will be effective in relation to Your Products and Services listed on the eMarketplace or the eMarketplace Website until we publicly post the change on your seller information page.

(j) You are responsible for:

(i) any non-delivery, mis-delivery, theft or other mistake or act in connection with the fulfilment and delivery of Your Products or the performance of Your Services, except to the extent caused by our failure to make available to you the Buyer’s order details as they were received by us; and

(ii) any non-conformity or defect in, or any public or private recall of, any of Your Products or Services. You will notify us promptly as soon as you have knowledge of any public or private recalls of Your Products.

(k) Except as stated otherwise in this paragraph 12(k), you are free to decide which of Your Products and Services you wish to offer for sale on the eMarketplace or the eMarketplace Website. You must not favour products and services that you offer through other sales channels compared to Your Products and Services offered on the eMarketplace or the eMarketplace Website. Instead, you agree to maintain equality between the products and services you offer through your other sales channels and Your Products and Services offered on the eMarketplace or the eMarketplace Website.

(l) You are responsible for applying the correct taxes to Your Products and Services and for displaying these taxes appropriately on the eMarketplace or the eMarketplace Website.

Service Terms for eMarketplace One-time Setup Service

Contract Type: One-off service.

Upgrades/Downgrades: Not applicable.

Refunds/Credit: Unless paragraph 21(d) of the General Terms applies, you are not entitled to any refund or credit on cancellation of the Service for any reason.

Supplementary Service Terms:

1. We will try to set up your storefront for you within 2 business days, but this is not a guarantee. This time period does not start running until you have provided us with Your Content, Your Data and any other materials and information that we request from you in order for us to provide the Services.

2. We may not be able to perform the Services if Your Content, Your Data or any other materials and information you provide to us do not meet the requirements of paragraph 11(r) of the General Terms.

Service Terms for eMarketplace Product Upload Service

Contract Type: One-off service.

Upgrades/Downgrades: Not applicable.

Refunds/Credit: Unless paragraph 21(d) of the General Terms applies, you are not entitled to any refund or credit on cancellation of the Service for any reason.

Supplementary Service Terms:

1. We will upload up to 50 of Your Products (as defined in the Service Terms for eMarketplace) for you. We will try to do this within 3 business days, but this is not a guarantee. This time period does not start running until you have provided us with a completed Great British Websites  product upload template (the “ Upload Template”) and any other materials and information that we request you provide in order for us to provide the Services.

2. Each submitted Upload Template will be treated as a new Order. You must therefore ensure that you have included all of Your Products that you want to upload on the same spreadsheet before sending it to us.

3. If you ask us to upload more than 50 of Your Products you will need to buy multiple quantities of the Service. For example, if you want 51 of Your Products to be uploaded, you will need to buy the Service twice or if you want 101 of Your Products to be uploaded, you will need to buy it three times.

4. The Service is provided for 50 of Your Products and no credits or refunds are available if you ask us to upload less than 50 of Your Products. Therefore, whether you ask us to upload 1 of Your Products or 50 of Your Products, the price will be the same.

5. In calculating how many of Your Products you request to upload, you should note that a product is defined at the SKU level and not based on product variations. For example, a polo shirt with 6 colour variations is a single product not 6 separate products. You should also note that a part of a product that you sell individually, for example, a replacement battery for an electronic good, is a separate product.

6. We may not be able to perform the Services if Your Content, Your Data or any other materials and information you provide to us do not meet the requirements of paragraph 11(r) of the General Terms.

Service Terms for eMarketplace Grand Opening Service

Contract Type: One-off service

Upgrades/Downgrades: Not applicable

Refunds/Credit: Unless paragraph 21(d) of the General Terms applies, you are not entitled to any refund or credit on cancellation of the Service for any reason.

Supplementary Service Terms:

1. The Service Terms for both the One Time Setup Service and the Product Upload Service apply to the Grand Opening Service.

Service Terms for eMail Marketing

Contract Type: Month-to-Month.

Free Trial Period: Not applicable, This Service can be tried as a Free Service, where the Call List feature can be trialed for free for 60 days.

Upgrades/Downgrades: You can upgrade or downgrade this Service through the “manage account” function within the Service.

Refunds/Credit: On cancellation made part way through a Service Month (except cancellation under paragraph 21(e) of the General Terms) we will give you a pro-rated refund or credit.

Supplementary Service Terms:

1. You agree that you will not use the Service to send unwanted emails (sometimes called “spam”). You confirm that you will only send eMail Marketing campaigns to email addresses of individuals who have agreed that you can email them.

2. We do not provide any promise or guarantee that unwanted emails sent or received through your use of the Service will be detected, deleted, moved, blocked or otherwise dealt with by any part of the Service.

Service Terms for eMail Marketing Branded Templates Service

Contract Type: One-off Service.

Free Trial Period: Not applicable.

Upgrades/Downgrades: You can upgrade this Service at any time and we will try to make this effective as soon as possible.

Refunds/Credit: Unless paragraph 21(d) of the General Terms or paragraph 3 of the Supplementary Service Terms below applies, you are not entitled to any refund or credit on cancellation of the Service.

Supplementary Service Terms:

1. We will try to deliver the first proof of a Branded Template within 4 business days and, a revision of a Branded Template (if requested by you) within 3 business days but this is not a guarantee. This time period does not start running until you have provided us with Your Content, Your Data and any other materials and information that we request from you in order for us to provide the Services.

2. If you want to request a revision of a Branded Template, this request must be made within 30 days of the first proof (or any subsequent proofs) being delivered to you.

3. If we fail to meet the timeframes mentioned in paragraph 1 above and you have met all your obligations under the Agreement, we will (at your option): (i) cancel the Service and provide you with a full refund or credit; or (ii) complete the Service and provide you with a partial refund or credit determined by us.

4. We may not be able to perform the Services if Your Content, Your Data or any other materials and information you provide to us do not meet the requirements of paragraph 11(r) of the General Terms.

Service Terms for eMail Marketing Basic Email Templates Service

Contract Type: One-off Service.

Free Trial Period: Not applicable.

Upgrades/Downgrades: You can upgrade this Service at any time and we will try to make this effective as soon as possible.

Refunds/Credit: Unless paragraph 21(d) of the General Terms or paragraph 3 of the Supplementary Service Terms below applies, you are not entitled to any refund or credit on cancellation of the Service.

Supplementary Service Terms:

1. We will try to deliver the first proof of a Basic Email Template within 4 business days and each revision of a Basic Email Template (if requested by you) within 3 business days but this is not a guarantee. This time period does not start running until you have provided us with Your Content, Your Data and any other materials and information that we request from you in order for us to provide the Services.

2. If you want to request a revision of a Basic Email Template, this request must be made within 30 days of the first proof (or any subsequent proofs) being delivered to you.

3. If we fail to meet the timeframes mentioned in paragraph 1 above and you have met all your obligations under the Agreement, we will (at your option): (i) cancel the Service and provide you with a full refund or credit; or (ii) complete the Service and provide you with a partial refund or credit determined by us.

4. We may not be able to perform the Services if Your Content, Your Data or any other materials and information you provide to us do not meet the requirements of paragraph 11(r) of the General Terms.

Service Terms for eMail Marketing Custom HTML Email Templates Service

Contract Type: One-off Service.

Free Trial Period: Not applicable.

Upgrades/Downgrades: You can upgrade this Service at any time and we will try to make this effective as soon as possible.

Refunds/Credit: Unless paragraph 21(d) of the General Terms or paragraph 3 of the Supplementary Service Terms below applies, you are not entitled to any refund or credit on cancellation of the Service.

Supplementary Service Terms:

1. We will try to deliver the first proof of a Custom HTML Email Template within 6 business days and each revision of a Custom HTML Email Template (if requested by you) within 4 business days but this is not a guarantee. This time period does not start running until you have provided us with Your Content, Your Data and any other materials and information that we request from you in order for us to provide the Services.

2. If you want to request a revision of a Custom HTML Email Template, this request must be made within 30 days of the first proof (or any subsequent proofs) being delivered to you.

3. If we fail to meet the timeframes mentioned in paragraph 1 above and you have met all your obligations under the Agreement, we will (at your option): (i) cancel the Service and provide you with a full refund or credit; or (ii) complete the Service and provide you with a partial refund or credit determined by us.

4. We may not be able to perform the Services if Your Content, Your Data or any other materials and information you provide to us do not meet the requirements of paragraph 11(r) of the General Terms.

Service Terms for eMail Marketing Landing Page Design Service

Contract Type: One-off Service.

Free Trial Period: Not applicable.

Upgrades/Downgrades: You can upgrade this Service at any time and we will try to make this effective as soon as possible.

Refunds/Credit: Unless paragraph 21(d) of the General Terms or paragraph 3 of the Supplementary Service Terms below applies, you are not entitled to any refund or credit on cancellation of the Service.

Supplementary Service Terms:

1. We will try to deliver the first proof of a Landing Page Design within 6 business days and each revision of a Landing Page Design (if requested by you) within 4 business days but this is not a guarantee. This time period does not start running until you have provided us with Your Content, Your Data and any other materials and information that we request from you in order for us to provide the Services.

2. If you want to request a revision of a Landing Page Design, this request must be made within 30 days of the first proof (or any subsequent proofs) being delivered to you.

3. If we fail to meet the timeframes mentioned in paragraph 1 above and you have met all your obligations under the Agreement, we will (at your option): (i) cancel the Service and provide you with a full refund or credit; or (ii) complete the Service and provide you with a partial refund or credit determined by us.

4. We may not be able to perform the Services if Your Content, Your Data or any other materials and information you provide to us do not meet the requirements of paragraph 11(r) of the General Terms.

Service Terms for eStores

Contract Type: Month-to-Month.

Transaction Data: Transaction Data is Your Data and you give us the necessary permissions, licences and consents (in all relevant countries) to allow us to sublicence such Transaction Data in an anonymised form to any of our third party suppliers only if it is necessary to do so for us to provide you and our customers with the Services.

Free Trial Period: If you are eligible for a free trial, the free trial period will be 30 days. During the free trial period you will have access to the eStore but will not be able to publish or sell anything through the eStore.

Upgrades/Downgrades: You may purchase an upgrade to this Service at any time by contacting Customer Service. Downgrades are not supported at this time. If you wish to downgrade this Service, you will need to cancel the Service and place a new Order for the Service you want. We will then issue you with a new Confirmation of Order.

Domain Name Ownership: If you buy the Services, you will own the Domain Name and During the purchase process, a domain name of your choice will be registered subject to it being available. If you sign up for a Trial Service you will not receive a domain name.

Domain Name Renewal Fees: Payable by us. (covered by the monthly subscription fee)

Refunds/Credit: On cancellation made part way through a Service Month (except cancellation under paragraph 21(e) of the General Terms) we will give you a pro-rated refund or credit.

Supplementary Service Terms:

1. When the following words with capital letters are used in the following supplementary Service Terms for eStores, this is what they mean:

Buyer” means someone who buys Your Products and Services using eStores.

Your Products” means all products that you advertise, offer for sale or sell through your eStore.

Your Products and Services” means Your Products and Your Services.

Your Services” means all services that you advertise, offer for sale or sell through your eStore.

Your Transactions” means the sale of Your Products and Services by you to Buyers.

2. Regardless of anything contained in the Agreement, you acknowledge and agree that you are responsible for the proper calculation, collection and payment of Your Taxes, for filing all associated returns and for issuing VAT invoices/credit memos, when required. We are not responsible for collecting, paying or reporting upon Your Taxes, and we will have no liability to you or any third party in respect of Your Taxes. If we are legally required to collect any federal, state or local sales, use, excise, gross receipts, value added or similar taxes from you, you agree to promptly pay the required amount to us, on request by us. We recommend that you consult with an independent tax advisor to understand your tax obligations arising from Your Transactions.

Service Terms for Great British Websites  Promotions

Contract Type: Month-to-Month.

Data: You own the Consumer Data and the Performance Data. You give us the necessary permissions, licences and consents (in all relevant countries) to use the Performance Data, provided that, weuse such data solely: to provide, support and enhance the Service for you; or for our internal analytical reporting purposes.We will not disclose any Performance Data outside of us or Our Representatives unless it is in an anonymised form.

Upgrades/Downgrades: Upgrades/Downgrades are not applicable however you can add to Facebook ad spend in $70 increments this will be charged as a Monthly Budget.

Refunds/Credit: Unless paragraph 21(d) of the General Terms applies, you are not entitled to any refund or credit on cancellation of the Service for any reason.

Supplementary Service Terms:

1. When the following words with capital letters are used in the following supplementary Service Terms for Great British Websites  Promotions, this is what they mean:

“Business Day”

means Monday to Friday excluding weekends and public holidays.

“Consumer”

means a consumer or entity that views or purchases a Deal or views or uses an Offer.

“Consumer Data”

means any information about a Consumer that could be defined as personally identifiable information and that is submitted into Great British Websites  Promotions by you or by a Consumer including, without limitation, first and last name and email address.

“Deal”

means a promotion that is a) initiated by you and published through Great British Websites  Promotions; and b) must be purchased in advance by Consumers through an ecommerce transaction processed through Great British Websites  Promotions.

“Offer”

means a promotion initiated and run through Great British Websites  Promotions that does not required pre-purchase or an ecommerce transaction.

“Our Fee”

means 9.9% of the total Sale Proceeds of your Transactions each month and an additional $0.30 for each of Your Transactions.

“Payment Date”

means the 15th and on the last day of every Service Month (or if the relevant day is not a Business Day, then the closest Business Day afterwards.

“Performance Data”

means any statistical information that is generated through the provision of the Service that is not Consumer Data including but not limited to the number of page views and unique visitors, a Consumer’s interaction with the Service, details about Your Transactions and any other information about an Offer or a Deal,

“Prohibited Products”

means all products or services that we do not allow to be advertised, offered for sale or sold via the Service, as listed in our Advertising Policy.

“Refund”

means any amounts repaid or repayable by us to a Consumer in relation to a purchased Deal.

“Sale Proceeds”

means the total amount paid by a Consumer for a Deal, including the purchase price, shipping and taxes and duties and minus Our Fee.

“Your Products”

means all products that you promote through Great British Websites  Promotions as an Offer or as a Deal.

“Your Services”

means all services that you promote through Great British Websites  Promotions as an Offer or as a Deal.

“Your Transactions”

means the sales of Deals to Consumers.

2. Fees are fixed for the Minimum Term, after that we may change Fees from time to time in accordance with paragraph 8(c)(i) of the General Terms. We only accept payment from a valid credit card from a card scheme acceptable to us.

3. Fees are payable to us on a monthly basis with the first monthly payment to be paid before the Service starts.

4. Sale Proceeds of Your Transactions (if any) will be paid to you, (in the currency and form that we choose) on each Payment Date. The amount that we pay you will be the Sales Proceeds of Your Transactions that have been cleared and received by us by the previous Payment Date, less any Refunds which we have processed during such time period.

5. You agree that the Universal Deal Terms will apply to all your Deals. You agree that any Deal that you publish shall not have an expiry date exceeding 1 Year from the date of publication. You understand that the Universal Deal Terms will include the right for a Consumer to request a Refund on a purchased Deal within 7 working days (starting from the day after the day of the initial purchase date). We will honor any request for a Refund unless the Deal has been recorded as redeemed on the Great British Websites  Promotions system. It is your responsibility to promptly record on the Great British Websites  Promotions system, when each Deal is redeemed by a Consumer. If you fail to record such redemptions, we will not be responsible for any Refunds processed for redeemed Deals. You understand that this will reduce the Sale Proceeds you receive for Your Transactions.

6. It is your responsibility to honour any Deal or Offer presented by a Consumer. If we reasonably believe that your actions or performance under the Agreement has or may result in a significant number of Consumer complaints or Refunds or chargebacks or other claims being made against you in connection with Great British Websites  Promotions, then we may (a) delay initiating the payment of any Sale Proceeds to you for the shorter of: (i) a period of ninety (90) calendar days or (ii) completion of any investigations regarding your actions or performance under the Agreement; or (b) offset any amounts you owe us (whether in Refunds, chargebacks or otherwise) against any future payment of any Sale Proceeds of Your Transactions.

7. Regardless of anything contained in the Agreement, you acknowledge and agree that you are responsible for the proper calculation, collection and payment of Your Taxes, for filing all associated returns and for issuing VAT invoices/credit memos, when required. We are not responsible for collecting, paying or reporting upon Your Taxes, and we will have no liability to you or any third party in respect of Your Taxes. If we are legally required to collect any federal, state or local sales, use, excise, gross receipts, value added or similar taxes from you, you agree to promptly pay the required amount to us, on request by us. If Your Country is the United States of America, then to the extent required by applicable escheat or abandoned/unclaimed property laws, you shall be solely responsible for and agree to report and pay over to the applicable local, state or federal governmental agency any unredeemed cash value of any Deal. You are responsible for keeping track of the cash amount paid by the Consumer for the Deal and any unredeemed balance of that cash amount to ensure compliance with this paragraph. We recommend that you consult with an independent tax advisor to understand your tax obligations arising from Your Transactions

8. You will ensure that Your Products and Services (including packaging, documentation and materials), are not Prohibited Products and all advertising, offers for sale and actual sales of Your Products and Services comply with all applicable Laws. Your Products and Services may not contain any sexually explicit (except to the extent permitted under the Agreement), defamatory or obscene materials.

9. You agree that any Offer and Deal that you publish are clearly and accurately presented, are complete and are not in any way misleading (specifically if the Offer or Deal is time limited) and comply with all applicable Laws.

10. You agree to provide the following information for each of your Deals (as applicable) and to promptly update this information as necessary to ensure it remains accurate and complete and to ensure that it complies with all applicable Laws at all times:

  1. product/service description including, where applicable, brand and model/version;
  2. an accurate, digital image;
  3. pricing information;
  4. any shipping and handling charges and any shipping limitations, options, or requirements;
  5. in-stock status and availability;
  6. any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the Deal;
  7. any special requirements or other terms and conditions or limitations applicable to Your Products and Services that a customer should be aware of before purchasing the Deal;
  8. product dimensions using measurements commonly used within Your Country;
  9. product weight using measurements commonly used within Your Country; and
  10. if applicable, a list of technical requirements or specifications;

11. You must not:

  1. contact any Consumers and try to collect any payments for their orders directly, to influence them to make an alternative purchase, or to harass them; or
  2. encourage any Consumers to purchase from you directly (for example from your own store or website) in an attempt to avoid paying Our Fees which would otherwise have been payable for Your Transactions;
  3. must not represent that you are selling Your Products and Services on behalf of any third party and you must sell all Your Products and Your Services on your own Great British Websites  Promotions account..

12. You will (as applicable):

  1. lawfully obtain, sell, fulfil, ship and deliver Your Products and Services to the Consumer in accordance with the terms of the relevant Deal, the terms of the Agreement, and all terms provided by you to the Consumer at the time of the order. You will be solely responsible for and bear all risk for these activities;
  2. comply with all instructions relating to the advertising or sale of Your Products and Services;
  3. identify yourself as the seller of Your Products and Services on all sales and delivery documentation (including packing slips included with Your Products) and as the person to which a Consumer may return Your Products;
  4. include an order-specific packing slip within each shipment of Your Products, which also includes information relating to returning Your Products;
  5. package each of Your Products so as to avoid damage and ship each of Your Products on or before its estimated ship date;
  6. not cancel any of Your Transactions or Offers except where this is permitted under the terms and conditions appearing on information about the Deal or Offer at the time of the applicable order or at the time the Offer was published or as may be required under Law or the Agreement;
  7. promptly respond to questions from Consumers and to requests for appointments for Your Services and respond to questions about your Offers promptly;
  8. promptly record, on the Great British Websites  Promotions system, the redemption of any Deals by Consumers so that the Consumer cannot subsequently request a Refund; and
  9. bear all credit card fraud risk and other risk of fraud or loss.

13. You are responsible for any non-delivery, mis-delivery, theft or other mistake or act in connection with the fulfilment and delivery of Your Products or the performance of Your Services;

14. Regardless of anything contained in the Agreement, you acknowledge and agree that if you do not comply with your obligations in paragraphs 5 to 12 (inclusive) we may cancel this Service immediately. If we cancel the Services we will be entitled to refuse any or all future use by you of the Service or any part of it.

15. If the Service is cancelled for any reason, you are responsible for honouring any Deal or Offer presented by a Consumer and we will pay any remaining Sale Proceeds of Your Transactions in accordance with paragraph 4.

16. If a dispute arises between you and one or more Consumers or any other third party in relation to any of your Deals, your Offers or Your Products or Services, we and Our Representatives will have no responsibility in relation to that dispute and you will reimburse us and Our Representatives in full for any damage, loss, liabilities, fees and expenses that we or they suffer (including any claims brought against us or them by third parties) as a result of the dispute.

17. You will reimburse us and Our Representatives in full for any damage, loss, liabilities, fees and expenses that we or they suffer (including any claims brought against us or them by third parties) as a result of your use of Great British Websites  Promotions or any of Your Products and Services.

Service Terms for 30s PhotoMotion Video

Contract Type: Month-to-Month.

Upgrades/Downgrades: Not applicable

Payment Method: Monthly recurring basis.

Supplementary Service Terms:

1. This is a bolt-on service and can only be ordered with the help of our telesales or premise sales team in addition to the following Services: a) Great British Websites  Website Premium tier and b) Design; and c) the Great British Websites  Wave Service. It is not available for order via our Websites.

2. We will only start building your Video once you have provided us with Your Content, Your Data and any other materials and information that we request from you in order for us to provide the Services.

3. Once we have built your Video, your Video will be made available for you to review. Please note that we may set your video live if, after a reasonable time period, we do not receive approval from you to set the video live.

4. You may make as many amends to your Video. Any changes and amends to your Video are subject to our fair usage policy. Any changes and amends that you have requested to your Video will be available for you to review once we have sent you an amends confirmation email.

Service Terms for Great British Websites  Wave

Contract Type: Month-to-Month.

Upgrades/Downgrades: Not applicable

Payment Method: Monthly recurring basis.

Supplementary Service Terms:

1. This is a bolt-on service and can only be ordered with the help of our telesales or premise sales team in addition to the following Services: a) Great British Websites  Website Premium tier and b) Design.

2. We can only provide this Service in relation to one geographical address.

3. We may not be able to complete all or parts of this Service a) if you have provided us with Your Content, Your Data and any other materials and information that we request from you in order for us to provide the Services.

4. Some parts of the Service requires you to take action to verify your information (“Owner Verified Information”).You acknowledge that we may not be able to complete all or parts of this Service if you do not respond to any requests from us for you to verify the Owner Verified Information or you fail to take action to verified the Owner Verified Infromation.

5. Once the Claiming and Online Listing Distribution process is complete, we will send you the logon in details for you to manage your accounts. You are responsible for the security, access and management of your accounts including any action taken when your logon details are used and any unauthorised use of passwords.