Introduction
For the purposes of this agreement, ‘Clickful’, ‘Us’, ‘We’ and ‘Our’ refers to ‘Clickful Ltd’, a registered UK company, Company No 13279109. Our registered office address is Elm House, Elm Road, Claygate, Surrey, KT10 0EJ
For the purposes of this agreement, the term ‘subscription’ refers to either or both website hosting provided by Clickful, as well as website maintenance provided by Clickful, unless otherwise stated.
For the purposes of this agreement, the term ‘service’ refers to any work or service, both paid or free, provided by Clickful, unless otherwise stated.
This Agreement constitutes the entire agreement between the Customer as an authorised user and Clickful and by using Clickful’s services, the Customer accepts, and agrees to be bound by, this Agreement.
Agreement to Terms and Conditions
This Agreement takes effect on the date on which the Customer first uses or tests services and/or a subscription provided by Clickful or when the Customer pays for their services and/or subscription (including paying a deposit or set up fee), whichever is the earliest.
From time to time, it will be necessary to update the terms and conditions and the Customer agrees to be bound by the new terms and conditions by their use of Clickful’s services after the implementation date for them.
We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of our computer system(s). Should the Customer find any new terms and conditions unacceptable, then the Customer will be granted a refund of any unexpired part of their subscription and the Customer agrees that, save for this refund, the Customer will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of their subscription.
The Customer is responsible for reviewing information regularly posted online on the terms and conditions page of Our website.
Please ensure that you have read and fully understand what is written below. Please contact us if anything is not clear to you by emailing hello@clickful.co.uk
Information Provided by the Customer
The Customer warrants that the name, address and payment information that the Customer provides when the Customer first uses any Clickful service is correct, and the Customer agrees to notify Clickful of any changes in name, address and/or payment details.
If a subscription renewal becomes overdue because the Customer’s payment details have expired, and the Customer hasn’t provided Clickful with new payment details, a £30.00 administration fee will be levied by Clickful.
The Customer agrees that Clickful may disclose the Customer’s name and address where there is any complaint about the content of the Customer’s pages or in relation to goods or services advertised there.
The Customer warrants that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use Clickful’s services in accordance with this Agreement.
The Customer agrees to be responsible for the use of Clickful and to comply with their responsibilities and obligations as stated in this Agreement.
Customers Responsibilities with Regard to Copyright
In situations where the Customer provides images, text, animations or any other content for their website, it is the Customer’s responsibility to ensure that all of this material used in any design is legal and does not infringe any copyright. Clickful will not be held responsible, in any way, for copyrighted content (text, images, videos etc) used on the Customer’s website.
Certain images provided by Clickful in the construction of the website may have been obtained for free or purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material.
The website owner, which is the Customer, is legally responsible for ensuring that this does not happen. The Customer may not copy, distribute, reproduce, store or in any other fashion re-use material from their website unless given express written permission to do so by Clickful.
Clickful will never knowingly infringe any copyright or trademark. Unless otherwise agreed in writing, it is the responsibility of the Customer to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the ‘UK Intellectual Property Office’ if required.
Subscription and Website Hosting
All hosting contracts are for a minimum period of 12 months unless otherwise stated, and are to be paid yearly in advance.
All website maintenance contracts are for a minimum period of 12 months unless otherwise stated, and are to be paid monthly in advance.
If the Customer wishes to terminate their website and/or website maintenance, they must give 28 days written notice to Clickful. If the Customer terminates a 12 month minimum contract subscription before the first 12 months has ended, the Customer will be liable to pay Clickful the remainder of the 12 month subscription at the agreed price.
In addition, the website source including all graphics, HTML code, Photos and Text will remain the sole property of Clickful at all times. See Intellectual Property for more information.
Clickful reserves the right to change prices or institute new charges for use of Clickful’s services at any time.
Clickful provides an SSL security certificate with all website hosting subscriptions, however Clickful are not liable for any losses, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims should the SSL certificate not be available on the Customer’s website, whether temporarily or permanently.
Clickful’s Free Website Offer
Clickful reserves the right to end this promotion at any time, and for whatever reason. If the Customer is successful in applying for a free website provided by Clickful, a subscription will be setup for website hosting which the Customer must pay within seven calendar days in order to accept Clickful’s offer of a free website. If seven calendar days elapse and the Customer has not yet paid for website hosting on which the Customer’s free website will run, Clickful reserves the right to reverse the offer of a free website for this specific Customer.
Clickful’s free websites are based on templates created by Clickful, and provide 5 web pages for free. Further pages are charged at £25.00 per page, and any payments for further pages must be received by Clickful before work on these begin. The Customer agrees to provide Clickful with all text and image content for the Customer’s free website, and if this information is not received in full by Clickful within 28 working days, Clickful reserves the right to reverse the offer of a free website for this specific Customer, with no refunds due on any payments that the Customer has already made to Clickful.
One round of cosmetic revisions, such as text and image content, colours, sizes and order of content on web pages will be included with every free website provided by Clickful. These revisions will not cover structural web page work, such as redesigning the layout of a web page, and these revisions will not cover any bespoke development work. Free websites are provided “as is” based on the templates that Clickful provide Customers.
Due to the time involved, and the fact that free websites offered by Clickful are offered for free, Clickful are unable to allow for meetings with the Customer. All communication is to be conducted via telephone call, WhatsApp and email, and Clickful requires the Customer to confirm all website changes and revisions in writing by emailing hello@clickful.co.uk.
Free websites provided to Customers by Clickful are subject to all provisions of this entire Agreement.
Payment
All services provided, including setup charges and subscription fees, such as but not limited to website hosting fees and website maintenance fees, by Clickful must be paid for in advance. Payments will either be processed online by Stripe or GoCardless, and Clickful reserves the right to switch between payment methods used for future payments.
Cancellations
Due to the nature of the services Clickful provide, services and subscriptions that have been paid for cannot be refunded. If the Customer wishes to cancel their website and have their website hosting not renew at the end of their 12 month hosting period, the Customer should provide at least 28 days notice to Clickful by emailing hello@clickful.co.uk.
If We host a domain name on behalf of the Customer, a transfer of a domain name to another internet service provider will incur an administration fee of £50.00 which must be paid before the transfer is completed. Domains that have expired must be renewed and re-registered before being transferred at a charge of £50.00 per domain name.
Termination
Clickful may terminate the Customer’s subscription at any time, with or without cause, upon reasonable notice.
Where Clickful terminates the Customer’s subscription with cause, or the Customer terminates their subscription, the Customer will not be entitled to any refund of any unused part of their subscription.
Clickful expressly reserves the right to terminate or suspend the Customer’s subscription without prior notice should the Customer fail to comply with these Terms and Conditions or fail to pay an invoice in full as in the stated payment terms as displayed on the invoice or should Clickful deem such action necessary to protect Clickful and in such circumstances Clickful will confirm such termination or suspension by subsequent notice.
Save for any refund of unused parts of the subscription as above, the Customer will not be entitled to any compensation whatsoever in the circumstances of termination and Clickful will not be liable for any consequential loss whatsoever in relation to termination of the Customer’s account in any circumstances. After termination of the Customer’s account, Clickful may, if they deem it applicable, at their sole discretion, post a redirection to any new URL should the Customer desire this.
Refunds
Refunds will be given solely at the discretion of the Company Management.
Once a service or subscription has been paid for, refunds are typically not given due to the nature of the services/subscriptions that Clickful offer.
Search Engine Promotion
Clickful are not responsible for the Customer’s on-going web site promotion. Should the Customer require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.
Exclusion of Warranties and Limitation of Liability
Clickful and all Clickful services are provided “as is”, and Clickful makes no express or implied representations or warranties to the Customer regarding the usability, condition or operation thereof.
Clickful will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however Clickful make no representations or warranties regarding the services provided by them and do not warrant that use of Clickful will be uninterrupted or error-free, or that Clickful services will meet any particular criteria of performance or quality.
Clickful will at all times use best endeavours to attempt to maintain and safeguard the Customer’s data on its systems and servers however Clickful accepts no responsibility for any loss or damage to data or the loss thereof.
Clickful expressly disclaims all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
The Customer’s use of Clickful’s services is at their own risk. The Customer accepts full responsibility for such use and the risk of any loss resulting from their use of the system and the content of their pages. The Customer also accepts full responsibility for safeguarding their own data.
Notwithstanding contrary clauses in this Agreement, in the event that Clickful are deemed liable to the Customer for breach of this Agreement, the Customer agrees that Clickful’s liability is limited to the amount actually received by Clickful, from the Customer, for their website, respective service or subscription. The Customer hereby releases Clickful from any and all obligations, liabilities and claims in excess of this limitation.
In no event shall Clickful be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if Clickful is told that any such damages may occur. This includes damages arising from errors within a web page and/or application which may or may not be provided or maintained by Clickful.
The Customer agrees to indemnify and hold harmless Clickful from any and all claims resulting from the Customer’s unlawful or improper use of Clickful services which cause damage to the Customer or a third party.
The Customer releases Clickful from any liabilities or obligations, loss of business, financial loss or reputation damage which may occur from any downtime, mis-information or errors in relation to and on the Customer’s website and/or website hosting subscription, and deletion of the files and databases which form partially or wholly the Customer’s website.
The Customer also releases Clickful from any liabilities or obligations, loss of business, financial loss or reputation damage which may occur due to the Customer’s domain being or becoming unavailable or being obtained by another third party, both temporarily and permanently, whilst held and/or managed by Clickful, or whilst the Customer has or has had a service or subscription such as web hosting provided by Clickful.
The Customer agrees to indemnify Clickful and keep Clickful indemnified and hold Clickful harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to services and/or subscriptions provided. Clickful is not liable for any loss that may occur before, during or after the development of projects undertaken. Clickful will not be held responsible for any delays, errors or losses arising from any third party.
The Customer agrees to alert Clickful in writing to any defects or problems in relation to services and/or subscriptions provided within 30 days of the invoice date. Clickful will not be liable for any claims made after this period.
Clickful cannot accept responsibility for any alterations caused by a third party occurring to the Customer’s website and web pages once put live on the Internet. Such alterations include, but are not limited to, additions, modifications and deletions.
Responsibility
We are not responsible for anything posted on the system (except by one of our staff members) and the Customer agrees by using the system that Clickful will not be liable for any possible damages or losses incurred in connection with the use of the system, even if Clickful have been advised of this possibility and the Customer hereby waives any claims with respect thereto and the Customer agrees to indemnify Clickful and hold Clickful harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of the Customer’s actions on the system or materials or information transmitted by the Customer in connection with the system. This means the Customer may have to pay Clickful where claims are made against us or our system by other callers or third parties.
The Customer agrees to indemnify Clickful from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of the Customer’s web pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.
Clickful will notify the Customer promptly of any claim for which Clickful seeks indemnification at the currently supplied email address. Clickful will afford the Customer the opportunity to participate in the defence of any such claim, provided that the Customer’s participation will not be conducted in a manner prejudicial to Clickful’s interests, as reasonably determined by Clickful and/or their lawyers.
Notices to Clickful may be sent by the Customer to Clickful’s electronic-mail address, hello@clickful.co.uk
General Terms and Law
Clickful reserves the right to do normal system housekeeping such as creating back-ups and does not accept responsibility for ensuring back-ups work – the Customer’s data security is their own responsibility.
All Customer websites hosted on a Clickful server have automatic updates to plugins and the WordPress platform applied. Clickful are in no way liable for any temporary or permanent website downtime, loss, financial loss or reputation damage as a result of the Customer’s website not being available, either temporarily or permanently.
Clickful endeavours to create a website viewable by the most recent versions of Mozilla Firefox, Google Chrome, Apple Safari and Microsoft Internet Explorer. Although presentation may not be identical among browsers, critical elements of each page will be displayed. The Customer acknowledges that some advanced techniques and technologies (e.g. HTML5 and video) may require a more recent browser version, different brand, or additional browser plug-in. The Customer is also aware that as new browser versions are developed, the new browser versions may not be backward compatible. In the absence of a website maintenance agreement, time spent to redesign a website or parts of a website for compatibility due to the introduction of a new browser version will be separately agreed and will be in addition to the price of the website work agreed. Clickful cannot guarantee that all web pages and all elements of the Customer’s website built by Clickful will display perfectly in all web browsers and on all modern devices.
The Customer is responsible for providing their own terms and conditions and/or privacy policy which is displayed on the Customer’s website, and Clickful will in no way be held responsible for any issues arising from the Customer having an incorrect terms and conditions and/or privacy policy on the Customer’s website, or no terms and conditions and/or privacy policy on the Customer’s website.
The Customer is responsible for adhering with GDPR guidelines, including, but not limited to, privacy policies, data storage and usage, and website/app security and security of data held by the Customer on any web server (Clickful owned or otherwise). The security of data held on any web server (Clickful owned or otherwise) is the responsibility of the Customer, and Clickful cannot be held responsible for the security of the Customer’s data, and/or the Customers’ clients data, and/or the consequences of any breach of data protection law encountered by the Customer or the Customers’ clients. Clickful can give guidance on complying with GDPR guidelines, however the Customer should seek professional legal advice to ensure that GDPR guidelines are strictly adhered to. Clickful cannot be held responsible for any consequences, financial or otherwise, of the Customer not adhering, knowingly or unknowingly, to GDPR guidelines. The Customer also understands that it is the Customer’s responsibility to seek professional legal advice on GDPR guidelines, and the Customer agrees that Clickful cannot be held responsible for the accuracy or completeness of any GDPR related advice given by Clickful.
The Customer will allow Clickful to feature the Customer and the Customer’s website in our portfolio, which will be available both digitally and in print, and the Customer will allow Clickful to display a link to Clickful’s website in the footer of the Customer’s website.
If the Customer’s website requires the ability to accept credit/debit cards, the Customer will need a Merchant Account. The Customer understands that any charges necessary to secure the Merchant Account are not covered by this Agreement.
Unless otherwise agreed in writing, work on building a website for a Customer will usually commence within seven working days of receiving payment for the Customer’s website hosting subscription which runs alongside the Customer’s website. Any anticipated completion date provided by Clickful is subject to options chosen and the Customer’s cooperation in provision of information, resources (logos, images, text content etc) and approval. Clickful will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Timelines provided by Clickful are estimates and Clickful will not be held liable if delays occur, caused by Clickful, or caused by the Customer providing Clickful with information or approval, or any third party issues or force majeure.
Clickful cannot guarantee that any Search Engine will index or list any web pages or websites that are submitted to them by Clickful. Clickful cannot guarantee that the Customer will receive any email, enquiries, online orders, bookings, visitors, and so forth from their web pages or website.
If Clickful suspects illegal activity, we may notify the authorities and reserve the right to do anything on the system deemed necessary to protect our system.
The Customer acknowledges that no joint venture, partnership, employment, or agency relationship exists between the Customer and Clickful as a result of their use of Clickful. The Customer agrees not to hold themselves out as a representative, agent or employee of Clickful. The Customer agrees that Clickful will not be liable by reason of any representation, act or omission to act by the Customer.
Clickful’s performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Clickful’s right to comply with law enforcement requests or requirements relating to a Customer’s use of Clickful or information provided to or gathered by Clickful with respect to such use.
Intellectual Property
All Content included on the Customers’ website, unless uploaded directly by the Customer, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Clickful. By continuing to use the website and Clickful’s services and/or subscriptions, the Customer acknowledges that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
Clickful shall be the legal and registered owner of all domain names registered by Clickful. These domain names will remain the property of Clickful at all times. These domain names can not be transferred away from Clickful unless Clickful authorises such domain transfers, which is solely at the discretion of the Company Management.
For the transfer of a domain name hosted with Clickful, but registered by the Customer, to another internet service provider, an administration charge of £50.00 will be levied, which must be paid before the transfer is completed. Domains that have expired must be renewed and re-registered before being transferred at a charge of £50.00 per domain name.
Clickful reserves the right to change prices or institute new charges for use of Clickful services and subscriptions at any time.
Severability
If any of the provisions of this Agreement are held by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be severed from this Agreement and the remainder of the Agreement shall continue in full force and effect to the maximum extent permitted by law.
Entire Agreement
This Agreement constitutes the entire agreement between Clickful and the Customer with respect to the Customer’s use of Clickful and Clickful’s services and/or subscriptions, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Clickful and the Customer with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.
This Agreement shall be governed by the laws of England and Wales, which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement.
Privacy Policy
Our privacy policy can be viewed by visiting the following link: https://clickful.co.uk/privacy-policy/
Nominet UK Domain Name Terms and Conditions
WARNING: By registering a domain name within the .uk Top Level Domain (a “Domain Name”), you enter into a contract of registration with Nominet UK (“We”, “Our” or “Us”) on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services. By registering a domain name, you agree to the publication of your name and address as part of the public WHOIS database service. If you are a Consumer, and you do not wish your address to be published, please see http://www.nominet.org.uk for more information on the Consumer opt out. Nominet is the Registry for all internet Domain Names ending in .uk and provides a public service for the .uk namespace on behalf of the Internet community. You can find out more information about Nominet from our website at http://www.nominet.org.uk. Nominet is a not-for-profit company limited by guarantee which is performing services on a cost recovery basis.
Customer Service Level Agreement
Customers will be able to contact us via telephone, WhatsApp and/or email during normal business hours. If nobody is available to speak via telephone, please leave a voicemail. Voicemail, WhatsApp messages and email messages will be responded to within 48 hours and we endeavour to resolve all issues within 48 hours.
Complaints & Abuse Procedures
If you are unsatisfied with the service you have received, and you have not been able to reach a resolution with us over the phone, you can make a formal complaint by emailing us at the following email address, including your account information, and detailing the outstanding complaint.
We will acknowledge your complaint within three working days, and an investigation will be carried out into the issues raised and a full response will be provided within ten working days. Where the issue is particularly complex it may take longer to respond. If this is likely, we will provide information on the action which will be taken and advise when you can expect a full response.
To make us aware of any abuse, please contact hello@clickful.co.uk
Note: if you breach these terms and conditions, your web page(s) and/or website(s) may be removed from our server without notice.
These terms and conditions were last updated on 30th April 2021.