Terms & Conditions

Please read all terms & conditions which applies to all the services we offer.
Including our privacy policy & web hosting/domain terms.

Website & Account Terms

 

1. Introduction

Welcome to 9to5WebDesign (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://9to5webdesign.co.uk operated by 9to5WebDesign

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://9to5webdesign.co.uk/privacy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@9to5webdesign.co.uk so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

Thank you for being responsible.

 

2. Communications

2.1 By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at. Important Services emails regarding your account/services will still be communicated via email.

 

3. Purchases

3.1 If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address.

3.2 You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

3.3 We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

3.4 We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

3.5 We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

 

4. Subscriptions

4.1 Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

4.2 At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or 9to5WebDesign cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting 9to5WebDesign customer support team.

4.3 A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide 9to5WebDesign with accurate and complete billing information including full name, address, postcode, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise 9to5WebDesign to charge all Subscription fees incurred through your account to any such payment instruments.

4.4 Should automatic billing fail to occur for any reason, 9to5WebDesign will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

4.5 Late Fee
4.5.1 A 10% late fee will be added to invoices that are unpaid. The late fee will be applied 21 days after the due date.

 

5. Free Trial

5.1 9to5WebDesign may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

5.2 You may be required to enter your billing information in order to sign up for Free Trial.

5.3 If you do enter your billing information when signing up for Free Trial, you will not be charged by 9to5WebDesign until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

5.4 At any time and without notice, 9to5WebDesign reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

6. Fee Changes

6.1 9to5WebDesign, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

6.2 9to5WebDesign will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

6.3 Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

7. Refunds

7.1 We issue refunds for Contracts within seven (7) days of the original purchase of the Contract.

7.2 Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.

 

8. Prohibited Uses

8.1 You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

(b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

(c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of Service.

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

(h) Take any action that may damage or falsify Company rating.

(i) Otherwise attempt to interfere with the proper working of Service.

 

9. Analytics

9.1 We may use third-party Service Providers to monitor and analyse the use of our Service.

9.2 Google Analytics
9.2.1 Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

9.2.2 For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

9.2.3 We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

 

10. Accounts

10.1 When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

10.2 You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

10.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

10.4 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

11. Intellectual Property

11.1 Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of 9to5WebDesign and its licensors. Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of 9to5WebDesign.

 

12. Error Reporting and Feedback

You may provide us directly at support@9to5webdesign.co.uk with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

 

13. Links To Other Web Sites

13.1 Our Service may contain links to third party web sites or services that are not owned or controlled by 9to5WebDesign

13.2 9to5WebDesign has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

13.3 YOU ACKNOWLEDGE AND AGREE THAT 9TO5WEBDESIGN SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

13.4 WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

 

14. Disclaimer Of Warranty

14.1 THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

14.2 NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

14.3 COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

14.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

15. Limitation Of Liability

15.1 EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

16. Termination

16.1 We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

16.2 If you wish to terminate your account, you may simply discontinue using Service.

16.3 All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

17. Governing Law

17.1 These Terms shall be governed and construed in accordance with the laws of England and Wales without regard to its conflict of law provisions.

17.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

 

18. Changes To Service

18.1 We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

 

19. Amendments To Terms

19.1 We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

19.2 Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

19.3 By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

 

20. Acknowledgement

20.1 BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

 

21. Contact Us

Please send your feedback, comments, requests for technical support:
By email: support@9to5webdesign.co.uk.
By visiting this page on our website: https://9to5webdesign.co.uk/contact.

Web Hosting Terms and Conditions

 

9to5WebDesign provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.

1. Definitions

The following terminology applies to these Terms and Conditions:
(a) “9to5WebDesign” means the ‘9to5WebDesign’ hosting company
(b) “IP address” stands for internet protocol address which is the numeric address for the server;
(c) “downtime” means any service interruption in the availability to visitors of the Website;
(d) “the Services” means domain name registration, web hosting, email and any other services or facilities provided by 9to5WebDesign.
(e) “virus” means a computer program that copies itself or is copied to other storage media, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “Trojan horses”;
(f) “visitor” means a third party who has accessed the Website;

2. Downtime and Data backup

2.1 9to5WebDesign shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems.

2.2 9to5WebDesign makes no warranties or representations that the Service will be uninterrupted or error-free and 9to5WebDesign shall not, in any event, be liable for interruptions of Service or downtime of the server.

2.3 9to5WebDesign carries out data backups for use by 9to5WebDesign in the event of systems failure. 9to5WebDesign do not provide data restoration facilities for individual customers. Every effort is made to ensure data is backed up correctly 9to5WebDesign accepts no responsibility for data loss or corruption, it is the customers’ responsibility to backup data.

3. High Resource Fair Usage Policy

3.1 Where we do not operate a bandwidth capping policy, we maintain high ratios of bandwidth per Web Site. In the rare circumstances that a user utilises our server resources to such an extent that it may jeopardise server performance and resources for other users then we reserve the right to implement the following High Resource User Policy at our sole discretion:

3.2 Where a service is delivered with bandwidth restrictions and/or limitations we reserve the right at our sole discretion to charge you for excess bandwidth used however caused at the rate of 50 pence per gigabyte or part thereof.

(a) Resources are defined as bandwidth, processor utilisation or disk space;
(b) We reserve the right to suspend or terminate any Web Site immediately in order to prevent the misuse of our servers and to maintain maximum availability for other users. You may be offered alternate hosting options including us hosting the Web Site for an additional fee.

4. Hosting Package

At the time that you sign up for the Services, you must select a website hosting plan from those offered in your quotation. Each website hosting plan comes at a different cost, and offers a different level of service. The hosting plan you select will determine the:

  1. disk space (web files, email and database);
  2. maximum monthly level of traffic usage before incurring extra traffic costs;
  3. number of domains, sub-domains and domain aliases;
  4. mySQL databases; and
  5. email mail lists,

that is included in the Services accessible via the client area.

5. Mailboxes

5.1 Mailboxes not accessed for 100 days or more will be deleted from the server.

5.2 You may not use the Service for spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message), generating extremely high volumes of outgoing mail than a normal user, and subscribing someone else to an electronic mailing list without that person’s permission.

5.3 Where the Services we provide to you include email transmission, storage and/or management services:

(a)we will provide POP3/IMAP/SMTP and webmail email services to you in accordance with the respective Services description.
(b) all shared hosting mailboxes will be protected by our anti-spam and anti-virus solution, StriKe.
(c) if you or a mailbox dedicated to you exceeds the relevant storage limit, we may delete stored emails to bring you or the mailbox dedicated to you within the storage limit.

6. Bandwidth

6.1 Web hosting accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum bandwidth of 25 GB per month for file distribution.

6.2 Web hosting accounts include a certain amount of bandwidth, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more bandwidth included or until the start of the following month. Your bandwidth usage is shown in my services via the client area.

6.3 Web hosting accounts are prohibited from hosting hardcore pornographic material, hosting graphics or scripts for other websites, storing pages, files or data as a repository for other websites or as a backup, giving away web space under a domain (including Resellers giving away free websites), subdomain or directory.

Domain Name Registration Terms

 

Where the Services we provide to you include domain name registration, we will attempt to register domain names that you order using the interface on our site but we do not warrant that we will be able to do so.

You warrant that:
(a) the information submitted for the purposes of a domain name registration is current, accurate and complete,
(b) you have the legal right to apply for and use the domain name, and
(c) your use of the domain name will not infringe any person’s Intellectual Property Rights or other legal rights; and
(d) you will keep the information required for the purposes of a domain name registration up-to-date (which changes may be subject to additional payments as set out on our site).

2. You acknowledge and accept that certain information submitted for the purposes of a domain name registration will be published on the internet via “WHOIS” services.

3. You agree to the terms of the applicable domain name registration agreement (as amended from time to time): www.nominet.uk – for .uk domains and www.icann.org for .com, .net, .org, .info. biz domains.

4. We may, in our sole discretion, reject any request to register a particular domain name.

5. We do not offer any advice in relation to any actual or potential domain name dispute, and will have no liability in respect of the suspension or loss of a domain name by you as a result of any domain name arbitration procedure or court proceedings.

6. Domain name registrations will be subject to periodic renewal fees and transfer fees as stated on our site from time to time. We have no responsibility for your use or retention of a domain name once registered, and it will be your responsibility to ensure that domain names are renewed and that applicable renewal charges are paid.

7. You acknowledge that domain names will be subject to the rules and policies from time to time of the relevant registry or registration authority, and you agree to abide by all such rules and policies.

8. Free Domains

(a) The free domain offer on certain web hosting plans is only for the first year and is only valid on standard domains: e.g. .uk, .com, .org. This isn’t applicable on premium TLDs. e.g. .london.

(b) Certain of our Services come with free life long domains. These are only for the life of the specific plan and will return to full price as and when the specific plan is cancelled or downgraded.

(c) The free domain should be chosen at checkout with your hosting. This cannot be redeemed after your initial hosting purchase.

(d) If the hosting is refunded the cost of the free domain will be deducted from this as the domain is yours to keep until expiry.

Refer a friend (Affiliate Partner)

 

9to5WebDesign Refer a friend Scheme (Affiliate Partner) is open to existing customers (you, your) and non-customers who apply to join the scheme and is subject to the terms and conditions set out below.

By participating in the Referral Scheme, you agree to be bound by the Terms and Conditions. Any referrals you make which are not in accordance with the Terms and Conditions shall not be valid and no Reward shall be made in respect of them.

1. The Reward

1.1The reward is the commission you earn from each successful referral. The up to date rewards can be found at: https://9to5webdesign.co.uk/refer-a-freind/

1.2 9to5WebDesign, in its sole discretion and at any time, can modify the reward value.

1.3 The Reward can be received either in cash or as a credit against invoices. You will only be entitled to receive a Reward when we deem that the Conditions have been satisfied. We reserve the right, at our sole discretion, to determine whether you qualify for a Reward and our decision is final. Where you choose to receive the Reward as a credit against invoices, it may only be applied against a future invoice issued to you, and it may not be transferred to any other person, nor may it be substituted or exchanged for any other payment or benefit.

2. Conditions

(a) Referrals are only valid if the new customer has not previously been a customer of 9to5Webdesign and are not currently in discussions with the company.
(b) The new customer must join us within 3 months of the referral in order for you to qualify for the Reward and the Reward shall only become payable upon receipt of cleared funds of the first payment due from the new customer.
(c) We shall require your name, company name, telephone and email address for our records. We shall only use your details and any information you provide to us for the purposes of the Referral Scheme and we shall not share these details with any third parties. (d) The Referral Scheme is not open to employees or any person working for 9to5WebDesign or any affiliated company (including any family members of such employees or persons).
(e) In the event of any dispute regarding the Referral Scheme or any referrals made, the decision of 9to5WebDesign shall be final and binding.