My Website Solutions is a trading name of Trend Store Ltd. This My Website Solutions Agreement (“Agreement”) is by and between Trend Store Ltd and you, your heirs, assigns, agents and contractors (“You”) and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of My Website Solutions services and represents the entire agreement between You and Trend Store Ltd. By using My Website Solutions services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Trend Store Ltd may establish from time to time. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You have established with Trend Store Ltd, whether or not the transactions were in Your behalf. You acknowledge that Trend Store Ltd acceptance of any application made by You for services provided by Trend Store Ltd will take place at Trend Store Ltd office located at Choseley Road, Knowl Hill Reading, Berkshire, RG10 9YS. In the event that You exceed the scope of the Services as set forth in Your Agreement, You shall pay Trend Store Ltd for such additional services not within the scope of Your Agreement as specified. Trend Store Ltd reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, Client service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the payment method we have on file for You.
1. No Warranty on Software or Related Hardware Products
Trend Store Ltd makes no warranty with respect to any software or hardware used or provided by Trend Store Ltd in connection with this service. You represent and warrant to Trend Store Ltd that: (i) You have the power and authority to enter into and perform Your obligations under this Agreement; (ii) Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) You own Your website content and all proprietary or intellectual property rights therein, or have express written authorisation from the owner to copy, use and display the content on and within Your web site. You may not use Trend Store Ltd servers or any of its 3rd party servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Trend Store Ltd reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. Trend Store Ltd prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Trend Store Ltd. You agree that Trend Store Ltd reserves the right to remove Your web site temporarily or permanently from its hosting servers if Trend Store Ltd is the recipient of activities that threaten the stability of its network. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United Kingdom and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, Trojan horse or other malicious, harmful or disabling data, work, code or program; or (viii) engage in any other activity deemed by Trend Store Ltd to be in conflict with the spirit or intent of this Agreement or any Trend Store Ltd policy.
2. Availability of Services
Subject to the terms and conditions of this Agreement, Trend Store Ltd shall attempt to provide My Website Solutions service for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the My Website Solutions service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Trend Store Ltd may undertake from time to time; or (iii) causes beyond the control of Trend Store Ltd or which are not reasonably foreseeable by Trend Store Ltd, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Trend Store Ltd has no control of availability of Web Hosting on a continuous or uninterrupted basis.
3. Web Site Content
You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Web Hosting services.
4. Days to Setup
My Website Solutions is a professional website builder platform. Each website can be created directly on the Virtus platform by any competent user. We suggest our designers are available (setup fee applies) to support and build Your website and by doing so, we can apply expert knowledge to help You achieve great results for Your online business. Should delays push the creation of your website beyond the handover date (amount of days to setup post-signup) for your particular plan our designers become unavailable. In this case an hourly fee will apply in order to keep our designers available on your project. Information regarding Days to Setup is available during the sign up process, in your welcome email (after signing up) or on request.
You will provide payment for products and/or services promptly via bank transfer or Direct Debit for My Website Solutions service including set-up fee, and any other charges that may incur through our Services. Service to begin upon completion of validated procurement of fees or verified Direct Debit mandate being sent. Set-up fee is non-refundable.
You are responsible to notify Trend Store Ltd of any changes in your name, address, etc. To continue to receive Services from Trend Store Ltd you must have and keep satisfactory credit. If at any time, we determine in our sole discretion, that payment for Services may not be made when due, we will suspend Services to you, and require that you provide payment on account or a guarantee of payment before resuming Services. All past due accounts will incur a reactivation/reprogramming fee. Acceptance of late or partial payments (even if marked “paid in full”) does not waive our right to collect all amounts that you owe us. If there is a dispute of charges, dispute must be received within 5 days of the billing date.
6. Uncollectible Funds
You will pay Trend Store Ltd office, within five (5) days of notification via email, a fee equivalent to current insufficient funds/handling charges and charges for Trend Store Ltd that were not collected by Direct Debit and that were declined by the bank. If funds are not paid within seven days of notification, account will be turned into the collections department and service terminated.
If service is bought in one month increments or is part of a prorated charge, No Proration on the terms for cancellation for any prepayment is allowed. Nor is proration given for Services not used. We do not record time used, unless Services are abused. If You request log time to be verified, a technical fee of £80.00 per hour will be incurred. If You are unable to utilise Services, it is Your responsibility to contact Trend Store Ltd to terminate My Website Solutions services.
8. Package & Release
It is possible to get a complete backup of your Website in a format that is ready to move to another hosting platform keeping certain functionality. Under no circumstances can functionality created for exclusive use on the Virtus Platform be transferable to individual client websites. To move Your website, You will need to contact Trend Store Ltd at the following email address: [email protected] and provide Your account details and reason for deactivating Services. Trend Store Ltd will raise an invoice to the current value. You must give 30 days notice to deactivate Services (as detailed in clause 8) . Trend Store Limited will offer to release Your website backup if; Services have been operational for 12 months or more, all payments for Services are up to date, there is no dispute under investigation and the Package and Release fee is paid in full.
9. Deactivation of Services/Placing Account on Hold
To deactivate Services, You will need to contact Trend Store Ltd at the following email address: [email protected] and provide Your account details and reason for cancellation. Under this Agreement, Notices Given by You must be received thirty (30) days in advance of the date You want notice to become effective. We may terminate Services at any time, with or without notice (for any conduct which Trend Store Ltd, in its sole discretion, believes violates the terms and conditions of this Agreement, or is otherwise harmful to Trend Store Ltd interests or the interests of other Clients). We may deactivate before you receive notice of termination (if we give any notice) without liability to you. Termination may be with or without cause. The Client specifically waives the right to sue or ability to subrogate those rights for any losses. You must pay all charges for Services provided before termination of an account, regardless of who terminates Services. If Services are terminated before the end of the month, the monthly recurring charge is not prorated to the date of termination, and you will not receive a credit or refund for any unused Services.
10. Storage and Security
At all times, You shall bear full risk of loss and damage to your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on Trend Store Ltd servers; and (iv) ensure the confidentiality of Your password. Trend Store Ltd servers and hosting services are not an archive and Trend Store Ltd shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify Trend Store Ltd, whereupon Trend Store Ltd shall suspend access to Your account by use of such password and issue a replacement password to You or Your authorised representative. Trend Store Ltd will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Trend Store Ltd or another party due to someone else using Your account or password.
11. Trend Store Ltd Rights
Trend Store Ltd explicitly reserves the right and sole discretion to: (i) Censor any web site hosted on its web hosting servers that, in Trend Store Ltd sole discretion, is deemed inappropriate; (ii) Modify its pricing through email notification; (iii) Terminate Your My Website Solutions service for unsolicited, illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of My Website Solutions fees; and other activities whether lawful or unlawful that Trend Store Ltd determines to be harmful to its other Clients, operations, or reputation; (iv) Terminate Your My Website Solutions service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against Trend Store Ltd or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Trend Store Ltd has no obligation to monitor the Site or any of Your content, but reserves the right in its sole discretion to do so.
12. Limitation of Liability
IN NO EVENT SHALL TREND STORE LTD BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF TREND STORE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT TREND STORE LTD TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO TREND STORE LTD HEREUNDER FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO ANY POTENTIAL LIABILITY.
You agree to release, defend, indemnify and hold harmless Trend Store Ltd and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any action, claim, demand, dispute, liability, losses, damages or costs, including reasonable attorney’s fees and costs, resulting from or related to (i) a dispute over one or more web sites Trend Store Ltd is hosting for you, (ii) Your breach of this Agreement, (iii) any negligence, wilful or improper misconduct by You; (iv) any allegation that Your site or content infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets; or (v) any action or conduct of Trend Store Ltd undertaken pursuant to this Agreement. You shall defend and settle at Your sole expense all proceedings arising out of the foregoing. You agree that Trend Store Ltd shall have the right to participate in the defence of any such claim through counsel of its own choosing. You agree to notify Trend Store Ltd of any such claim promptly in writing and to allow Trend Store Ltd to control the proceedings. You agree to cooperate fully with Trend Store Ltd during such proceedings. You agree You will not be entitled to a refund of any fees paid to Trend Store Ltd if, for any reason, Trend Store Ltd takes corrective action with respect to Your improper or illegal use of its My Website Solutions services. You also agree that if Trend Store Ltd is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a account hosted by Trend Store Ltd, that Trend Store Ltd, in its sole discretion, may take whatever action Trend Store Ltd deems necessary regarding further modification, assignment of and/or control of the site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
14. Disclaimer of Warranties
Trend Store Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, concerning any subject matter of this agreement.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
This Agreement shall be deemed entered into in England and shall be governed by the laws of England and construed in accordance with English law and You irrevocably submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with this Agreement. All cases in relation to this Agreement shall be heard in a court located in the royal county of Berkshire.
You agree that all notices (except for notices concerning breach of this Agreement) from Trend Store Ltd to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address You have on file with Trend Store Ltd. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Trend Store Ltd shall be made either by email or mailed to the address we provide on our Web site. They shall be deemed to be delivered when received by Trend Store Ltd through first class mail the date they are received.
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