TheseTerms & Conditions and any information relating to theService/Package purchased from Treble3 Design Ltd and forms theAgreement between Us.
Bysigning up for the Services You warrant that You are at least 18years old, and legally capable of entering into a binding contract;or acting with the express permission and using the payment detailsof a person or organization who in turn is agreeing to be bound bythe terms of this contract.
Definitions -
"Agreement"means any agreement to which these terms & conditions areincorporated.
"Treble3"means Treble3 Design Limited, company number 08694514.
"Package"means a collection of Services.
"PayAs You Go" means Treble3 monthly payment option (notavailable on all services).
"Prices"means the Prices for the Services set out in order confirmation,quote, invoice or as otherwise notified to You.
"Services"means the Services to be provided by Treble3.
"You/Your"means the person or company who purchases Services from Treble3.
WebsiteDesign and Production -
Treble3 will retain intellectual copyright of any material, including any source code and original images created for you until final payment is received. Once payment has been received in full, the intellectual copyright will be passed on to you.
Unless otherwise stated in writing, Treble3 will not accept responsibility for ensuring that your website is listed or ranked by any search engines or directories.
Treble3 cannot guarantee that the appearance of any website it produces will remain consistent in various current or future internet browsers or at different screen resolutions on PC's, tablets and smartphones.
On completion and handover of the clients website Treble3 will not undertake any further work, maintenance, upgrades or development unless otherwise contracted and agreed in writing.
If payment for website design or production is not received within Treble3's terms, Treble3 reserves the right to take the work or services in question offline from the internet until payment is received.
Treble3 may provide IMAP or POP3 email services as part of a website production. Any setup or support for these servicess are limited to written guidelines (available on request) only. Treble3 will not accept responsibility for configuration, setup or connection of email services on your equipment, or any ongoing technical support.
Where your provide text, images or any other content for your website it is your legal responsibility to ensure that all such materials provided do not infringe any copyright.
Where you have agreed to provide all text and images for Treble3 to use in production of a website, it is your responsibility to ensure this is provided at the start of production. Treble3 will not be held liable for any delays or agreed deadlines being missed when text and images have not been supplied on time.
Should you wish to cancel production of their website at any point after ordering then you shall remain liable for all work which has already taken place and will be invoiced accordingly.
An initial payment of 50% of the total cost may be stipulated as part of the contract. This is not refundable once Treble3 has commenced work.
Durationand Renewal of Services -
Services are available for fixed 12 month, 24 month or 36 month minimum contract periods. Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, the minimum contract term on all Packages shall be 12 months.
When Entering into a contract as a consumer (not in the course of conducting business) the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven working days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the seven working days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.
For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, or agreed by Treble3 in writing prior to purchase, Services are not available on a trial basis. It is Your responsibility to ensure that the Services you purchase are suitable for your technical requirements.
Cancellations -
You are entitled to cancel the services by contacting Treble3 in writing at least 30 days prior to the expiry of your minimum contract term and the next payment date of that service.
Treble3 reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or the Service Specific Terms & Conditions and/or our Acceptable Use Policy.
Treble3 reserves the right to decline to supply, to cancel and/or to suspend any Service at any time with 5 days notice for any other reason at it's discretion.
Refunds -
Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
In the event that Treble3 cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term less a 25% admin fee.
If You contravene Your Agreement with Treble3, a refund will not be issued in the event of a cancellation.
Domain credits are non-refundable as they enable the purchase of domain names at discounted Prices, based on an up-front commitment.
Credit notes can only be used for payment (or partial payment) of Your Service, and are non-refundable.
Payment -
All hosting or domain renewal Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package. In signing up for a Treble3 service You agree to commit to the contract for the fixed term. It is not possible to provide early payment and terminate the contract prior to the expiry of the fixed term.
Payment will be due on the basis of the Service and/or Package You have selected. If You have purchased "Pay as You go" Services or Packages then payment will be required monthly in advance. If You have purchased Services on a fixed 12 month, 24 month or 36 month basis then You will be required to pay in advance on or before the renewal date.
You will be invoiced automatically for the next period on the basis of your initial term at the expiry of the current period unless you have cancelled the Services in accordance with the Cancellation clause above. Payment of the Price will be taken via the payment method initially specified and will be non-refundable. In cases of failed payment, the invoice will become due and payable to Treble3 in its entirety.
Treble3 reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in Your Treble3 Account. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.
All payments must be made in UK pounds sterling, inclusive of applicable taxes.
You warrant that You are authorised to make payment using the payment card or facility You disclose to Treble3 In the event that You are not the named card holder, You acknowledge that You and the party who is the named card holder both accept Treble3 Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card. You will indemnify and hold Treble3 harmless in the event that the cardholder or issuer declines any transaction for payments to Treble3 including all of Treble3 costs in administering Your non-payment and obtaining payment of those Prices due.
Treble3 reserves the right to suspend all Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established until Treble3 accepts Your cancellation request. You are responsible for any additional costs incurred by Treble3 in the collection of outstanding debt.
For "Pay as You go" Services or Packages you are required to have a valid email address and credit/debit card and/or PayPal account registered to Your account at all times, failure to do so will result in automatic suspension of Your account. If You cancel Your credit/debit card and/or PayPal account for any reason You must immediately notify Treble3 and provide details of a current valid payment card and/or PayPal Account.
Payments processed by PayPal are subject to PayPal's terms and conditions of Service, and Treble3 makes no representations or warranties with respect to those Services.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.
If You fail to pay all Prices due, Treble3 reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to Treble3.
Any unused Credit notes on Your Account will be taken in payment of Your Service. Where the value of the unused Credit note is less than the total payment due, the remainder of the balance will be taken from the current payment method on Your account.
Chargebacks -
If You withdraw any payments made via a bank, credit card or PayPal account (a "chargeback") Treble3 will either defend such chargebacks directly with the card issuer, or take appropriate steps to recover the original monies from You in addition to an administration fee of £20+VAT for each inappropriate chargeback raised.
If a chargeback is made, Treble3 reserves the right to immediately interrupt, suspend or cancel all services within your Account. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to Treble3.
DatabaseUsage -
If You exceed the limits on Treble3 database products (MS SQL and MySQL) then we will automatically charge You for the additional space You use at Treble3 current Prices. For example if You have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month
Data -
All data created or stored by You within Treble3 applications and servers are Your property. Treble3 shall allow access to such data by only authorised Treble3 personnel. Treble3 makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder's server space or within applications on Treble3's servers.
In the event of loss of or damage to your data relating to a failure in Treble3 systems or servers, Treble3 will make reasonable commercial efforts to assist you in the restoration of your data, however You accept full responsibility for maintaining adequate backup copies of all your data.
You shallindemnify Treble3 against all damages, losses and expensesarising as a result of any action or claim that the content or dataof Your site or content or data accessed from or published as part ofthe Services infringes the intellectual property rights of a thirdparty.
Passwords -
It is the account owner's responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. Treble3 is not responsible for any data losses or security issues due to stolen passwords or any passwords that You have intentionally or accidentally disclosed to any third party. Treble3 recommends that You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).
Yourpersonal details -
You warrant that the contact information that you provide to us on establishment of your account is correct, and that You accept responsibility for keeping this information up to date at all times. You agree that we may suspend access to your account and the Services if we reasonably believe that the information you have supplied is inaccurate.
Please note that whilst Your email is primarily used for billing purposes, Treble3 reserves the right to email You information about its product offerings. You can unsubscribe from marketing communications using the link on any marketing emails we send you.
Treble3 will not provide any of Your personal information to other companies or individuals without Your permission unless required to do so by law. However, Treble3 may need to provide Your name and delivery address to third parties that Treble3 may use for the purposes of delivering specific Services to You.
Disclaimersand Warranties -
Treble3 does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Treble3 cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by Treble3.
Treble3 makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without warranty of any kind.
So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
Liability -
Treble3 shall not be liable for any loss or damage of whatsoever nature suffered by the buyer arising out of or in connection with any breach of this agreement by the buyer or any act, misrepresentation, error or omission made by the buyer or on their behalf.
Treble3 will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the buyer or for any wasted management time or failure to make anticipated savings or liability the buyer incurs to any third party arising in any way in connection with this agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
No matter how many claims are made and whatever the basis of such claims, Treble3 maximum aggregate liability to the buyer under or in connection with this agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by the buyer for the Services in relation to which the buyers claim arises during the 12 month period prior to such claim.
Treble3 shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
interruptions to the flow of data to or from the internet;
changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
the effects of the failure or interruption of Services provided by third parties;
factors outside of Treble3's reasonable control;
The buyers actions or omissions (including, without limitation, breach of the buyers obligations set out in the agreement) or those of any third parties;
problems with the buyers equipment and/or third party equipment;
interruptions to the Services requested by the buyer.
ForceMajeure -
Treble3 shall not be responsible for any failure to provide any Services or perform any obligation under any agreement because of any act of God, strike, lock-outs or other industrial disputes or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.
GoverningLaw -
Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.
LegalFees -
If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
Assignment-
You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Treble3 However, in the event that Treble3 consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
EntireAgreement -
This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
Amendmentin Writing -
We may update or amend these General Terms and Conditions, the Service Specific Terms & Conditions including any technical specification relating to the Services and/or Package,, Privacy Policy and any information relating to the Services/Package from time to time to comply with law or to meet our changing business requirements. Display of the modified terms and conditions shall be deemed to be notice to you. You also agree to review the terms and conditions regularly to ensure you are aware of any modifications.
Pleasenote: by ordering and using any of our services you agree to bebound by all Treble3 terms and conditions.