Website Builder Terms and conditions (Customer Agreement)
This Internet-based online service (“Service”) is provided by Reason Eight Limited or one of its subsidiaries (“Website Builder Provider”) and is subject to the terms and conditions of this customer agreement ("Agreement"). This Agreement constitutes the entire agreement between you as an authorized user of the Website Builder Provider’s services ("you" or "Customer"), and the Website Builder Provider. By using the Service, you confirm your acceptance of, and agree to be bound by, this Agreement. The Website Builder Provider may change this Agreement at any time and you agree to check regularly for changes.( a complete copy of this agreement is located at www.reason8.com/terms.cfm)
1. Customer Information>
The name, address and payment information that you provide when you subscribe to the Service, together with information regarding the manner in which you use the Service and/or the Internet, will not be processed or disclosed by the Website Builder Provider except as permitted by this Agreement.
2. The Service Usage.
You may create a web site subject to the terms of this Agreement,
the Service policies, and applicable law. All webpages are subject to review,
modification and deletion without notice by the Website Builder Provider or an authorized agent.
The Website Builder Provider reserves the right in its sole discretion to change its policies
at any time. The Policies are review-able at the Rules & Acceptable use
section at the following Service site:
The minimum contract period is 12 months.
You are responsible for your communications via, and your use of, the Service.
You may not, under any circumstances, do any of the following:
(a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information via the Service ;
(b) use the Service to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(c) send unsolicited mail (also known as ‘spam’) referencing any Universal Resource Locator ("URL") within the Website Builder Provider’s domain;
(d) publish, post, distribute, or disseminate material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
(e) operate a webpage with the Service without a valid e-mail address;
(f) use the service in a manner that adversely affects the availability of its resources to other Customers;
(g) falsely purport to be a Website Builder Provider employee or agent;
(h) cause repeated disruptive incidents
(i) act, or fail to act, in your use of the Service , in a manner that is contrary to applicable law or regulation,
(j) display or use any copyright content that you do not have the legal right to display;
(k) display content of a pornographic or adult nature.
In addition, the Website Builder Provider makes no guarantee as to the availability of service and is not liable in anyway for loss of service. The Website Builder Provider reserves the right to delete any page it deems unacceptable for any reason without prior verbal or written notice. Your failure to observe any of the foregoing limitations or obligations shall result in termination of your relationship with the Website Builder Provider and may result in civil or criminal liability.
You agree to (a) maintain all equipment required for your access to and use of the Service; (b) maintain the security of your Customer identification, password and other confidential information relating to your Service account; and (c) be responsible for all charges resulting from use of your Service account, including unauthorized use prior to your notifying theWebsite Builder Provider of such use and taking steps to prevent its further occurrence.
The minimum contract period is 12 months.
You may terminate the Service by providing 30 days written notice at any stage after the expiry of the 12 months contract period stated in your agreement. At the end of the 12 month period the contract will continue as a monthly rolling contract. Notice of termination can only be received as a written, signed letter sent to Reason Eight Limited, PO Box 2949, Chaldon, Surrey, CR3 5YP. No refunds will be issued under any circumstances. No part payments will be taken by the Website Builder Provider, therefore if the written notice is not received on or before the payment date an additional full scheduled payment will be taken on the renewal date by the Website Builder Provider.
If you created a 14 day trial before purchasing the website, this constitutes the 7 day notice period (in accordance with the distance selling act), regardless of how many days your trial lasted for. Once you decide to go live, you agree to enter into a 12 month contract with the Website Builder Provider.
If you did not create a trial before purchasing the website (by purchasing a domain name and website direct from the Website Builder Provider's website homepage), The Website Builder Provider offers a 7 day period (in accordance with the distance selling act) where you are eligible to stop the Service. In such cases a pro-rata refund of hosting charges may be provided.
The Website Builder Provider reserves complete and sole discretion with respect to the operation of the Service.
4. Customer Representations
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the service in accordance with this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
The Website Builder Provider does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of the Service. 2 The Website Builder Provider is not, under any circumstances, responsible for any copyright or royalty payments arising from content displayed by means of the service.
The services are provided "as is," and the Website Builder Provider makes no express or implied representations or warranties to you regarding the usability, condition or operation thereof. The Website Builder Provider makes no representations or warranties regarding content, goods or services provided by any merchant or third party payment service Website Builder Provider. The Website Builder Provider does not warrant that access to or use of the service will be uninterrupted or error-free, or that the services will meet any particular criteria of performance or quality. The Website Builder Provider expressly disclaims all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
6.2 Your use of the Services
You assume full responsibility and risk of loss resulting from your use of the Services. You agree that the Website Builder Provider and Website Builder Providers of telecommunications, network and hosting services for the Website Builder Provider will not be liable for damages (including consequential or special damages) arising out of your use of or inability to use the Services, or the actions or inactions of the Website Builder Provider or any third-party or the goods or services they provide, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if the Website Builder Provider has been advised of the possibility of damages. The Website Builder Provider’s liability to you for breach of this agreement is limited to the amount actually paid by you for access to and use of the Service, exclusive of payments relating to goods and services purchased from any third parties. You hereby release the Website Builder Provider from any and all obligations, liabilities and claims in excess of this limitation. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
You agree to pay all charges (including, without limitation, the Service customer fees) for your use of the Service throughout the duration of the agreed contract period. at the prices then in effect for your country of residence. The Service customer fees, if applicable, will be subject to VAT, sales or other taxes as appropriate. The Website Builder Provider reserves the right to change prices or institute new charges for access to or use of the Service at any time upon not less than thirty (30) days' notice to Customers. All changes will be posted online and sent to you by email at your registered email address, and you are responsible for reviewing checking your email and the pricing information posted on regularly to obtain timely notice of such changes. Continued use of the Service or non-termination of your customer-ship after changes are posted constitutes your acceptance of the prices as modified by the posted changes. Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your Service account is by credit or debit card and if payment is not received by the Website Builder Provider from the card issuer or its agents, you agree to pay all amounts due upon demand by The Website Builder Provider. Your card issuer's agreement governs your use of your designated card in connection with the Service, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that the Website Builder Provider may (at its option) accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that the Website Builder Provider may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
You must promptly notify the Website Builder Provider of changes to: (a) the account number or expiration date of your designated card; (b) your billing address; and (c) the name of any other person whom you have authorized to use your Service account. You must also promptly notify The Website Builder Provider if your card is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Customer identification, user name or password.
8. Statements and Payment.
The Website Builder Provider will provide you with a statement of charges on your Service account as and when such charges are incurred and/or paid: however, any failure of the Website Builder Provider to provide you with a statement does not affect your responsibility to pay any incurred charges. 8.2 the Website Builder Provider reserves the right to suspend or terminate your Service relationship without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to the Website Builder Provider when the Website Builder Provider believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to the Website Builder Provider. If the Website Builder Provider deems a late payment is required in compensation for work undertaken relating to the late payment, you agree to pay a late charge on all amounts due. The late charge will equal a one off payment per month of Ten pounds plus one and one-half percent (1 1/2%) of the past due amount per month until paid or, if such rate is in excess of the allowable rate, the maximum rate allowed by law. The Website Builder Provider reserves the right to refer your service account to a third party for collection in the event of ongoing default.
If your monthly payment is delayed
Business and household Use; Minors. Your Service relationship is personal. Subject only to this Section 11, you agree not to assign, transfer or sublicense your rights as a Customer. You may allow other customers of your business or household to use your account, provided that you hereby agree to pay all charges that they incur and to be responsible for all other aspects of their usage.
You agree to indemnify the Website Builder Provider from and against any and all liabilities, expenses (including solicitors' fees) and damages arising out of claims based upon use of your Service account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Customers and infringement of intellectual property or other rights. The Website Builder Provider will notify you promptly of any claim for which the Website Builder Provider seeks indemnification and will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to the Website Builder Provider’s interests, as reasonably determined by the Website Builder Provider .
Consent. Notices given by the Website Builder Provider to you will be given by your posted Email address, or by a general posting through the Service , or by conventional mail. In any matter requiring the Website Builder Provider’s prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of the Website Builder Provider. Notices given by you to the Website Builder Provider must be given by Email addressed as follows: firstname.lastname@example.org. Notices to Reason8.com by conventional mail must be sent to: Reason Eight Limited, PO Box 2949, Chaldon, CR3 5YP
12. Effective Date
Changes to Terms. This Agreement takes effect on the date on which you first use Service and continues until your Service relationship is terminated either by you or by The Website Builder Provider . The Website Builder Provider reserves the right to change this agreement at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your non-termination or continued use of the Service after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
This Agreement is governed by the laws of the United Kingdom, and you consent to the exclusive jurisdiction of UK law in all disputes arising out of or relating to your use of the Service or your Service relationship.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and the Website Builder Provider as a result of your use of the Service. You agree not to hold yourself out as a representative, agent or employee of the Website Builder Provider and that the Website Builder Provider will not be liable by reason of any representation, act or omission to act by you.
The Website Builder Provider’s performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of the Website Builder Provider’s right to comply with law enforcement requests or requirements relating to a Customer's use of the Service.
14. Customised design
The Website Builder Provider operates a subsidised customised website design service where you may obtain a customised template design for your website that has been customised for you with the help of a professional website designer. The costs for this service is a fraction of the market rates charged by mainstream website designers. The copyright of the design produced remains with the Website Builder Provider. The Website Builder Provider reserves the right to re-use the design at a later stage if appropriate.
The structure, layout, design and any webpage content (words and pictures) supplied by the Website Builder Provider remains the intellectual property of the Website Builder Provider and must not, under any circumstances, be used without the Website Builder Provider's explicit consent . The Website Builder Provider will defend all attempts to copy, reproduce or plagiarise its intellectual property.
This Agreement constitutes the entire agreement between the Website Builder Provider and you with respect to your use of the service and your Service relationship, and it supercedes all prior or contemporaneous communications and proposals, whether oral or written, between the Website Builder Provider and you with respect thereto.