Website Design & Development – Terms of Use

Website Design & Development – Terms of Use

These Terms of Use, and any documents referred to herein, set out the terms and conditions on which we will build your website, provide hosting and support & maintenance. By using our services, you agree to be bound by, and to comply with, these Terms of Use. These Terms of Use are effective from 01st January 2021.

Please read these Terms of Use carefully. We recommend that you print off a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 14 (EXCLUSIONS AND LIMITATIONS OF LIABILITY), 15 (INDEMNIFICATION), 16 (DISCLAIMERS). If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our website.

1. Our details
1.1 Web Runners Ltd, company number 13102412 (we, our and us) operates the web services.

1.2 Our contact telephone number is 01202 937080 and our contact email address is talk@webrunners.co.uk.

  1. Your responsibility for the design & development of your website
    (1.a) You must ensure that we have all required collateral for your website including content and images.
    (2.a) Web Runners Ltd do not provide Domain registration services and as such are not responsible for the initial purchase and subsequent Domain renewals. Failure to renew your Domain registration may result in your website being offline.

    3. Other documents governing your use of our services
    3.1 In addition to these Terms of Use, your use of our web services are also governed by the following documents:
    (1.a) Our privacy policy, which is available at https://www.webrunners.co.uk/privacy-policy. Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
    (1.b) Our cookies policy, which is available at https://www.webrunners.co.uk/cookies-policy. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.
    (1.c) Our terms of sale, which are available at https://www.webrunners.co.uk/terms-conditions. Our terms of sale govern any purchases or orders you make for goods or services on our website. They set out the status of any orders placed, the contract terms relating to delivery and performance of those orders, any exclusions that apply to you and other relevant terms relating to our supply of goods, services or digital content.
    3.2 By using our web services, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our privacy policy, and our use of cookies and similar technologies in accordance with our cookies policy.
    3.3 If you do not agree to the terms set out in these Terms of Use, you must not use our web services.

  2. Availability of your website
    4.1 We make no representations and provide no warranties that:
    (1.a) the website will be made available at any specific time or from any specific geographical location;
    (1.b) your access to the website will be continuous or uninterrupted; or
    (1.c) the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.
    4.2 We reserve the right to suspend access to all or part of your website for reasons such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
    4.3 Your website is provide on a monthly advanced subscription basis. If you cancel the subscription at your bank and or the payment fails for any reason, a period of 14 days grace will be given. If after this time the payment has not been made, we reserve the right to suspend your website and access to it.
    4.4 Your website is provided for users in the United Kingdom only. Although it may be possible to access the website from other countries, we make no representation that your website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on your website will be appropriate for users in other countries or states.
  3. Ownership and cancellation of your website
    5.1 Although your website will be built to your exact requirements the site itself will remain the property of Web Runners Ltd for a minimum period of 9 months after which time you may request the website files to host elsewhere.
    5.2 Your website will be provided on a monthly subscription basis to include;
    (2.a) technical support
    (2.b) hosting
    (2.c) SSL (Secure Socket Layer) certification on an annual basis
    (2.d) software and security updates as and when required
    (2.e) minor changes to website layout and or content as and when requested
    5.3 If, for any reason, you wish to cancel your subscription you may do so by providing 30 days written notice. Providing you have reached the minimum period as outlined in 5.1 there will be no further charge other than the final month’s subscription. If however, the minimum period has not passed then we reserve the right to charge for the remaining subscription up to a period of not more than the initial 9 months.
  4. Changes we may make to these Terms of Use and other documentation
    6.1 We reserve the right to update these Terms of Use, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:
    (1.a) to reflect any changes in the way we carry out our business;
    (1.b) to account for any changes we make to our services, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of your website;
    (1.c) to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
    (1.d) to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or
    (1.e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
    6.2 If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice that an updated version of these Terms of Use or other such documentation on our website with a new effective date stated at the beginning of them.
    6.3 By continuing to access your website after we have updated our Terms of Use, terms of sale, and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to access your website after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies.
    6.4 You must check these Terms of Use and all other documentation referred to in them regularly in order to ensure that you are aware of the terms that apply to you at that time.
    6.5 The date that these Terms of Use and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is referred to as that document’s “effective date”.
  5. Your account details
    7.1 If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.
    7.2 Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of your website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.
    7.3 We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information.
    7.4 If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at talk@webrunners.co.uk.
  6. Information and content on your website provided on non-reliance basis
    8.1 Your website is made available to you in order to provide general information about yourself, your business, and any products or services that you offer from time to time. We do not make your website available for any other purposes, except as expressly provided in these Terms of Use.
    8.2 We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on your website from time to time are accurate, up to date or complete.

    9. Prohibited uses of your website
    9.1 You must not reproduce, duplicate, copy or resell any part of your website or any content from your website, save and except to the extent expressly permitted in these Terms of Use.
    9.2 You must use your website for lawful purposes only and in accordance with these Terms of Use. You must not use your website:
    (2.a) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
    (2.b) for any fraudulent purposes whatsoever;
    (2.c) to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised;
    (2.d) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of your website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
    (2.e) to communicate with, harm or attempt to harm children in any way; or
    (2.f) in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.
    9.3 You must not submit any information about you to us if you are under the age of 18, or about any other person who is either:
    (3.a) under the age of 18; or
    (3.b) if they are aged 18 or above, where you have not received their prior written consent to submit information about them to us.
    9.4 You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.
    9.5 If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).

  7. Viruses and other harmful content
    10.1 We do not guarantee that your website does not contain viruses or other malicious software. However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to your website.
    10.2 We shall not be responsible for any bugs or viruses on your website, or any software that might be transferred to your computer from your website, or any consequences which the presence or operation of such programs may have.
    10.3 You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.
    10.4 You must not upload or otherwise introduce to your website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.
    10.5 You must not use any third parties, software or technology to attempt to gain unauthorised access to your website, our servers, systems, hardware, software or data.
    10.6 You must not attempt to perform any denial of service type attack on your website.
    10.7 You must not perform any action which would contravene the Computer Misuse Act 1990.
    10.8 We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

    11. Links to our website
    11.1 You may not link to our website without our prior written consent.
    11.2 Where you have obtained our consent to link to our website:
    (2.a) you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;
    (2.b) wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
    (2.c) you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.
    11.3 We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

  8. EXCLUSIONS AND LIMITATIONS OF LIABILITY
    12.1 We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
    12.2 SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
    (2.a) YOUR USE OF YOUR WEBSITE;
    (2.b) ANY CORRUPTION OR LOSS OF DATA;
    (2.c) ANY INABILITY TO ACCESS YOUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF YOUR WEBSITE (FOR ANY REASON WHATSOEVER);
    (2.d) ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON YOUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
    (2.e) ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
    (2.f) ANY LOSS OF REPUTATION OR GOODWILL;
    (2.g) ANY LOSS OF SAVINGS;
    (2.h) ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
    (2.i) ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.
    12.3 WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
    12.4 You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
    12.5 YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
    12.6 To the extent that any of the provisions of this clause 12 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
  9. INDEMNIFICATION
    13.1 You (and also any third party for or on behalf of whom you operate an account or activity on your website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on your website or those conducted on your behalf):
    (1.a) your uploads, access to or use of your website;
    (1.b) your breach or alleged breach of these Terms of Use;
    (1.c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
    (1.d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
    (1.e) any misrepresentation made by you.
    13.2 You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

14. DISCLAIMERS
14.1 YOUR WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
(1.a) THE SERVICE;
(1.b) YOUR WEBSITE CONTENT;
(1.c) USER CONTENT; OR
(1.d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO YOUR WEBSITE.
IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
14.2 WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF YOUR WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF YOUR WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
14.3 BY ACCESSING OR USING YOUR WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
14.4 WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

15. AGE RESTRICTIONS ON USE OF OUR WEBSITE
15.1 Your website and any products or services available on or via your website are not intended for use by individuals under the age of 18.
15.2 We do not knowingly or intentionally process information about any individual under the age of 18.

16. Governing law and jurisdiction
16.1 These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with English law.
16.2 The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.

17. Copyright
17.1 The copyright in these Terms of Use is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.