Service Terms & Conditions

The Services offered by mightylist.co.uk (as defined in this agreement) can only be used by Customers who have first read these General Terms and Conditions and accepted them unconditionally by clicking on the appropriate box provided for the purpose. It is not possible to proceed with the booking or account creation process without this mandatory mechanical acceptance. Customers undertake to fulfill the obligations contained within these terms and conditions. The agreement between Customers and mightylist.co.uk comes into force as soon as you have registered your account and received your welcome email.

1 – Definitions

Campaign – The complete cycle of signing up as a client to having a completed website and all web properties and further services that are connected to your account.

Services – Is anything we do on your behalf that is agreed on in your account.

Goods or Products – Are items that are provided alongside our services.

Ongoing Services – Is a service that we will provide on an ongoing basis.

Company Contact – The person who will be dealing with the website within your company should provide their information when registering your account with mightylist.co.uk. We will only be able to receive authorisation for work from this one person unless more people are authorised. It is your responsibility to keep your records accurate and up to date!

Consumer – Means anyone purchasing our services.

Staged Payments – Are payments that are made at specific stages of the project.

By continuing to use our services, you must be aged 18 or over and have read and understood, and agree to be bound by, our terms and conditions. Where you are entering into an agreement on behalf of your organisation you confirm that you have the legal right to do so!

2 – Supply of Goods & Services

(1) We build our websites using WordPress framework CMS and may use a variety of themes, plugins or other third party tools to create your online systems. We have no control over any third party tool that we use and opinions, statements or recommendations about other suppliers does not form any endorsement or guarantee.

(2) Once we have received written request we will begin working on your campaign and creating the desired properties that will be used to create your overall marketing system. When you agree to a quote and ask us to start working on your account then you are entering into an agreement that you will pay us the quoted price for the services rendered within 14 days of the invoice date. Failure to do so may result in legal proceedings. We retain the right to refuse to accept any order at our discretion.

(3) By continuing with our services you agree that we cannot in any way guarantee any results from our services. You enter into this agreement with the understanding that you are responsible for your own results and that you hold us free from all liability and responsibility for any actions, results or adverse situations created.

(4) We will work within our means to supply the services and shall not be held responsible for any problems caused by our suppliers. We cannot guarantee that access to any of our services will be uninterrupted or error free. We will not be responsible for any events such as crashes which result in loss of data.

(5) A domain name is a name that points your browser to your servers. We do not register domain names and do not have any control over the administration of your domain.

(6) In order for us to build, maintain or work on your website you have to have your files hosted on our systems meaning you have to have an active hosting account with us. This is where we will build your site.

(7) We make no warranty against electronic viruses, worms or any other fault or defect or problems that may occur, or as a result thereof, including data, documents or any email which we send to you.

(8) We reserve the right to suspend any services and we reserve the right to refuse to work with any individual without specifying a reason.

(9) You are 100% responsible for the accuracy of the information that you provide to us and we will publish information as it is sent.

(10) We reserve the right to provide our reports or documentation in whatever format that we deem appropriate.

3 – Support

(1) We will endeavor to respond to support requests within a 24 hour period and support requests made over the weekend will be looked at on Monday morning.

(2) Completed websites are provided as a completed works. We are usually happy to provide future support upon request at no extra cost but are not obligated in any way to do so!

4 – Queries, Complaints & Notices

(1) We aim to respond to queries or complaints within 7 working days of the initial complaint or query. Complaints must be addressed in writing to our company address and must be on company letter headed paper and signed by the owner or director of your organisation. If any complaint or breach of any term or condition is made, you must allow 30 days for us to rectify that breach.

(2) Notice for either party must be in writing to our company address found on our invoice.

(3) Notices are deemed to have been received on the 7th day of your 60 day cancellation period, after posting using Royal Mail 1st class service, provided that a duty stamped proof of posting is obtained by Royal Mail.

5 – Time Estimate

(1) Unless we specifically agreed in writing, all time estimates are estimated.

(2) We will do our best to complete any work in the time frame specified in the proposal.

(3) We will not accept any responsibility or be liable for any loss or damage suffered due to any unavoidable delay in completion, including (but not limited to) third party involvement or your failure to deliver documentation or content. We aim to keep you informed without any delays.

6 – Design Credit

(1) You confirm that we have the right to include anything which we produce for you without any notice due, or payment to you, including images and screen shots which show the nature of the work that we completed for you, for our use either on our website or within any printed portfolio, as an example of our work, together with, as we require, a link back to our site.

(2) You also confirm that we reserve the right to include reference to either an individual or your organisation, or both, as having provided any service for you. This includes any website that we produce or work on for you as part of our services.

7 – Retaining Copies & Data Backup

(1) It will always remain your responsibility to retain copies and/or backups of anything you supply to us.

(2) Unless specifically agreed, it is your responsibility to retain back-ups in connection with your website, MySQL databases or any other aspect of your marketing system once the services have been completed by us. It is not our responsibility (unless otherwise agreed) to retain any copies or backup files and we cannot be held responsible for the loss of data, nor are we obligated to recover any losses.

(3) We accept no responsibility whatsoever, and will not be liable, for losses, claims or damages which may arise in this regard.

8 – Liability disclaimer

(1) To the extent that the law allows, we will not be held responsible for any loss, incidental or consequential damage or loss whatsoever, including any third party losses or losses caused by third parties arising out of installation, use (unauthorised or otherwise), errors, mistakes, accident, theft or fraud, destruction, transit or any part of the provision of our services, including failure to provide.

(2) In the unlikely event that we would be held liable for any losses occurring as a result of using/failing to use the services at all, then such total damages for any loss whatsoever shall be limited, in relation to any incident or series of related incidents, to 100% of the amount paid by you.

9 – Compatibility

(1) We develop our websites to the criteria specified in your proposal. If you want your site to be mobile compatible for example, then this must be outlined in the proposal.

(2) Unless otherwise agreed, you agree to proof-read or check any data that you provide to us with the intention for publication on your website. Once we have finished your website and made it available for you to view, you have 7 days in which to proof-read, check or test any aspect of your website or anything that we have supplied. You will have 7 days in which to provide us with any issues or faults found in your websites and online properties. If we do not hear from you within the 7 days then we will assume that you accept the site as it is. If any issues are found after the 7 day period then we will do our best to rectify them but we are not obligated to do so!

(3) Where a price is agreed for website work this includes the design of the site to your specifications. We use premium themes from third party providers as a framework to build your website but we can only change aspects within our control to suit your wishes. You understand that the theme you choose will ultimately be what your website will look like.

(4) Sometimes, additional requests concerning further developing certain aspects of a premium theme may incur additional costs which will be agreed before work is started.

10 – Prices & Payments

(1) The price you must pay for the products or services that we deliver will be fully outlined in your proposal. Where you make changes to the proposal you will be charged at our current usual rate for such work. Unless otherwise stated, all payments are to be made in GBP Sterling.

(2) Payments for all subscription or recurring services must be made in full using PayPal. BACS payments are available in some cases. All payments must be made within 7 days of the date of invoice.

(3) Payments may be taken from you in either stages or monthly payments or both. A non refundable deposit is to be paid by you prior to us commencing work on your behalf.

(4) Where payments are part of a staged payment, or a pre-arranged monthly basis for ongoing services, then:

a) You will be charged 1 month in advance.

b) Late or non-payment automatically means that all work stops and will result in the suspension of your services until the full amount (and any accrued or extra payments) is received. No refunds will be made, and no work or product will be released until full cleared payment has been received by us. You always remain liable for payment of services. We also reserve the right to charge you for all expenses and costs in dealing with problems with your payment or recovering monies due.

(5) We reserve the right to increase prices for any ongoing service such as hosting or security monitoring which may be as a result of third party increases. If we do increase our prices then we will give you at least 30 days notice in writing. Consumers can then cancel most agreements if they disagree with the price rises up until 14 days before the next invoice date.

(6) For any payments made to any third party services, you confirm your agreement to adhere to that third party’s user agreement.

11 – Payments & Passing of Rights

(1) When payment has been cleared and we have finished building the various required campaign properties we will assign you the right to use what we have made for you. This may be for a fixed duration or for the duration of your account with us. Unless you have a written agreement from us which we will usually outline in the proposal, ownership of anything we provide during the services does not pass over to you. All intellectual property remains our property.

(2) No such rights as mentioned above will come into effect until the full payment of all amounts is received from you. This means that we will have a lien over any item, data or materials if monies owed by you have not been paid within 1 month of the invoice date!

(3) Rights to photographs,graphics or any other third party items or media such as source code will always remain the property of their respective owners.

(4) Unless we provide you with written information, all website files, designs, files management, navigational devices & menu structures or arrangements, icons, help, operational instructions, scripts, cgi apps, software, programming/source code, and all other components of any source or object computer code that is comprised within the website, all literal and non-literal expressions of ideas that operate, create, cause, direct, manipulate, access or otherwise affect the content and design elements used or developed, remain our property and we retain full ownership rights. You specifically agree not to engage in any form of activity that may infringe upon or undermine our rights, title or interest in the website. This included but is not limited to, any transfer, sale or gift of any part or item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.

(5) If you have not collected any documentation, data or information after 3 months from the date that we complete work, we reserve the right to dispose of such items.

(6) If you do not collect anything you supply to us, including any data, and information after 3 months from the date we complete the work, then we reserve the right to dispose of such items.

12 – Electronic Orders

(1) Due to the nature of the service that we provide, if we accept an electronic order then unless otherwise agreed in writing, both parties agree that you waive any cancellation or refund rights under the consumer protection (Distance Selling) Regulations 2000, particularly regulation 13.

13 – Third Party

(1) The nature of our services means that we may be involved with third parties and you will need to adhere to any agreements which may apply to that third party, such as a domain provider or autoresponder service. We will advise you of third parties but if you have any doubts whatsoever then please feel free to contact us and let us know. By entering into this agreement with us, you are also confirming that you have read and agree to adhere to your agreement with the third party including and fee payment.

(2) Some of our features will be based on software or other services provided by third parties such as shopping cart software or plugins. Any software is provided on an “as-is” basis, without warranty and you specifically agree that we cannot be held responsible for any future faults, failures, errors or issues relating to the operation of any third party plugin or software nor the availability of updates and upgrades.
You agree that we shall have no liability, obligation or responsibility when it comes to a dispute between you and a third party provider.

14 – Accuracy & Responsibility

(1) You confirm that any data, information, materials, graphics or documents or anything passed to us has been checked by you as being accurate, suitable for the use required, proof-read, final and requires no further amendment and does not breach any copyright, intellectual property or the rights of any third party whatsoever in nature, is not contrary to any law and is virus-free and functions properly.

(2) You agree to supply us with text, graphics or anything else that we require from you in the format we specify. If we have to do any additional work or if anything is incorrect and we have to spend time rectifying the problem then we reserve the right to charge an additional fee for this work.

(3) You further agree to provide us with anything we need outlined in the scope of your proposal including, but not limited to, social media logins or third party tools and you agree to provide us with this information in the time scale agreed at the beginning of the project.

(4) You agree that once we have finished building your website that if you feel that the website is sparse in textual content, you will provide us with additional relevant text in electronic format. If this content is not or cannot be provided then you agree to allow us to modify your keyword density, positioning and other SEO related aspects of the content or any other without restriction.

(5) You agree to implement any changes that we recommend within a 5 day time frame of any such request by us.

(6) You agree that you are responsible for the accuracy of anything which we supply and you must advise us within 7 working days of receipt.

(7) You agree that the account holder is responsible for the actions of all your employees, agents, consultants etc.

(8) You agree that you are solely responsible for the use of any service that we provide to you and that you will not misuse them in any way and that you will use our services legally and only for the purposes for which they were intended to be used. This includes responsibility for the security of passwords. You will also be responsible for ensuring that you do not breach any third party prohibited activity or misuse policies.

(9) Our services are provided to you for use in your organisation and the website on the agreed proposal only, any attempt to use our services for the provision of services to another organisation, or to sell the information provided to you under this Agreement for any other purpose, will be deemed a fundamental breach of this Agreement.

15 – Copyright & License

(1) You confirm that you hold the full copyright of anything that you provide to us to use in your campaign or that you have obtained the copyright owners permission to do so.

(2) You confirm that you will not breach any copyright in any way whatsoever.

(3) You agree that you have a non-exclusive, worldwide and royalty free license of any term, including renewal terms (if applicable).

16 – Information & Data Protection

(1) Any service that we provide is reliant on information that you provide to us so you are solely responsible for ensuring the accuracy of the content which you provide. Data will be held in accordance with Data Protection legislation as outlined in our privacy policy.

17 – Confidentiality

(1) Both you and lavamill agree that the specifications, documentation and information relating to our services are confidential, including information obtained about each other and that only the agreed information as appears on the website can be disclosed, other than as required by Statute or Court Order.

18 – Exclusivity & Assignment

(1) You specifically agree that we have full and exclusive working rights within the terms of provision of any agreement and that you will not involve any third parties without our specific written consent.

(2) You cannot transfer, sell or share any rights in any way and nobody else can benefit from our services but you.

(3) We reserve the right to assign and/or subcontract all or any part of the services; this would not affect your rights under this agreement.

19 – Invalidity

(1) Each clause or any part of this Agreement must be regarded as independent of the others. If any clause or any part of this Agreement is found to be unenforceable or invalid, it will not affect the validity or enforceability of the rest of this Agreement.

20 – Term, Breach & Cancellation

(1) We reserve the right to terminate our services:

(a) Immediately if you breach any term of this Agreement - you will not be entitled to any refund.

(b) By giving you 30 days notice. In these circumstances we will refund you for any unused services within 30 days of the service ceasing. We will not be responsible for any liability whatsoever, including any claims, expenses and fees, relating to the notice period and service ceasing.

(2) You may cancel our services by giving us 60 days written notice. However, where you have ordered ongoing services then you remain responsible for the full payment of any unused services.

(3) If we do not act upon any breach immediately, you should not assume that we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.

21 – General

(1) These terms and conditions supersede any and all prior representation, understandings and agreements between you and mightylist.co.uk

(2) We reserve the right to vary these terms and conditions whenever we wish and such variation takes effect as soon as they are visible on this page or we forward them to you, whichever is sooner.

(3) These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.