TERMS AND CONDITIONS

These Terms and Conditions are the standard terms that apply to the purchase via our Website of all Software from us, IT Assist and Hostingly are trading names of IT Assist Services Ltd, a company registered in England and Wales under number 10026426 whose registered address is Office 1 Denaby Point Coalpit Road, Denaby Main,Doncaster, England, DN12 4LH (referred to in these Terms and Conditions as “we/us/our”).

Please read these Terms and Conditions carefully and ensure that you understand them – you will need to agree that you have read and accepted them before purchasing Software from us.If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order from us.

These Terms and Conditions apply to business customers only.The Software is designed for business use only.These Terms and Conditions do not apply to individual consumers purchasing the Software for personal purposes (that is, not in connection with, or for use in, their trade, business, craft, or profession).

1. Definitions and Interpretation: In these Terms and Conditions, the following expressions have the following meanings:
“Account” means the personal information and credentials used by you to create an account on the Website to enable an order to be placed;

“Contract” means the legally binding contract formed in accordance with clause 2, which includes these Terms and Conditions;

“Software” means the website builder software to be provided by us to you;

“Website” means https://it-assist.uk, https://myfirstwebsite.co.uk or https://zulder.co.uk and any sub-domains of this site unless expressly excluded by their own terms; and

“You/Your” means you, the person ordering from the Website.

The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation. Words imparting
the singular shall include the plural and vice-versa. Any reference to “writing” and “written” includes communication by email.

1 How the Contract is Formed Between You and Us

  • 1.In order to place an order via the Website, you will be required to create an Account for the Software, which will contain certain personal details about you. By continuing to use this Website, you represent and warrant that all information you submit is accurate and truthful, you have permission to submit payment information where permission may be required,and you will keep your Account details accurate and up-to-date.
  • 2.You can place an order for Software at any time via our Website. Our Website will guide you through the ordering process. Before submitting your order, you will be given the opportunity to review and amend it. Please ensure that you have checked your order carefully before submitting it.
  • 3.A Legally binding contract is formed as soon as you first access the Software. You agree to comply with and be bound by these Terms and Conditions upon your first use of the Software.
  • 4.We will send you an order confirmation once your order has been processed. Our order confirmation will contain full details of the order, including the price and the features provided in the Software chosen.
  • 5.Once the contract is formed, we will grant you a non-exclusive licence to use our Software within the bounds of these terms and conditions. This license shall not be transferred without our express written permission.

1Your Account

  • 1.Sharing of Accounts is not permitted unless we expressly authorise this in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. We also recommend the password you choose is strong and secure, containing a combination of letters, numbers and symbols, and is changed regularly.
  • 2.When using our Website, creating an Account or publishing information, you must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, vulgar, obscene, threatening, harassing, defamatory or discriminatory. Any failure to comply with this clause could result in the suspension and/or deletion of your Account. Further information and restrictions on the use of our Website is detailed in the policies available on the Website.

1The Subscription

  • 1.The Software will be available to you immediately when you create your account and will continue to be available until you end the Contract.
  • 2.We do not warrant that your use of our Software will be uninterrupted or error-free; nor that our Software, and/or the information obtained by you from the Software will meet your requirements.
  • 3.In some circumstances, we may need to suspend access to the Software (in full or in part) to fix technical problems, to make necessary changes, to update the content to comply with relevant changes in the law or other regulatory requirements, or to make more significant changes to the paid content. If we need to make more significant changes, we will inform you at least 30 days before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in clause 6.2.
  • 4.If we need to suspend availability of the Software for any of the reasons set out in clause 4.3, we will inform you in advance (or as soon as possible, if we need to suspend availability for urgent or emergency reasons) and explain why this is necessary. If this occurs, your subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 5 days). If the suspension lasts (or we tell you that it is going to last) for more than 14 days, you may end the Contract as described below in clause 6.2.
  • 5.Should you notice an error or defect, we provide technical support throughout the continuance of this agreement. This technical support includes, without limitation, information and advice as may be required to utilise the Software for its intended purpose. Our obligations are subject to you complying with your obligations under the terms of this Contract. In particular, they shall not apply if any defect in the Software arose or was exacerbated as a result of:
  • 1.incorrect use, operation or corruption of the Software;
  • 2.any unauthorised modification or alteration of the Software;
  • 3.failure to implement recommendations in respect of solutions to faults previously advised by us;
  • 4.any failure to upgrade the Software with any new release provided by us; or
  • 5.use of the Software with other software or on equipment with which it is incompatible.

1Price and Payment

  • 1.The price payable for use of the Software is as stated on our Website. Payment must be made before the Software will become available to use. You will be asked to complete your details and make payment via the Website. Once payment is received, the Software will become accessible to use for the duration of the term.
  • 2.The licence fees must be paid monthly in advance, as detailed in the Contract between you and us. Once payment is received, the Software will become accessible to the Client for a further month.
  • 3.Once the initial month period has expired, the Contract will automatically renew on a rolling monthly basis, provided payment is made in accordance with clause 5.2, unless a written notice to terminate is given by either party in accordance with clause 6 below.
  • 4.All payments made via the Website will go through an online payment gateway provider, such as Stripe. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to Stripe’s terms and conditions. A separate contractual relationship is created between you and the payment gateway provider and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by this third party.
  • 5.We reserve the right to review our license fees periodically and will provide you with a minimum of 30 days’ notice of any change in the fees before such change shall take effect.
  • 6.All prices include VAT, where applicable. If the rate of VAT changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.