Terms and Conditions ("Terms", "Agreement")
Last updated: July 20, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions", "Agreement") carefully before using the https://www.p1online.co.uk website (the "Service") operated by P1 Online ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using our service you (the "customer" or "customers", "client" or "clients", "payment provider", "payee", "website visitor") agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the service and should leave this website immediately. By purchasing (or "signing up to" or "buying" or "agreeing to pay for") any service offered by us you must agree in full to the terms and conditions as stated here.
1.1 When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
1.2 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
1.3 You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
2. Links To Other Web Sites
2.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by P1 Online.
2.2 P1 Online has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that P1 Online 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 web sites or services.
2.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit before committing your time to any 3rd party's information or making payment for any 3rd party services or agreeing to be bound by any 3rd party's services.
3.1 We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
3.2 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
3.3 We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
3.4 Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
3.5 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
4. Governing Law
4.1 These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.
4.2 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 between us regarding the Service.
5.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
5.2 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
6.1 P1 Online hereby excludes itself, its employees and/or agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the service provided;
- Loss or damage to clients' artwork/photos, supplied for any service P1 Online provides. Immaterial whether the loss or damage results from negligence or otherwise.
- Loss or damage caused by neglect by any party.
6.2 The entire liability of P1 Online to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this agreement in respect of which the breach has arisen.
7.1 In the event any one or more of the provisions of this agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this agreement shall be unimpaired and the agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
8. Paid Services
8.1 By purchasing any of our paid services, including but not limited to web design services and search engine optimisation services, you agree that the services provided will be no grater than that which is stated on the website at the time of purchase.
8.2 P1 Online offer web design services, search engine optimisation, I.T. and website maintenance services and other digital services which can be purchased online.
8.3 Website design services provided by P1 Online are complete at the time of approval by the customer and P1 Online are not responsible for any additional services beyond that time. "Included" services, such as hosting or domain names are not guaranteed and cannot be refunded. Website design service fees cannot be refunded once work has commenced. P1 Online do not guarantee business, customers or traffic to any website. P1 Online reserve the right to charge a fair and reasonable hourly rate in Pounds Sterling, currently set at £35.00 (subject to change as determined by P1 Online) for any additional work requested by the customer, invoiced in advance of commencing work.
8.4 P1 Online makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that P1 Online cannot guarantee correct functionality with all browser software across different operating systems.
8.5 P1 Online cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, P1 Online reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
8.6 All services provided by us are offered in accordance with the service information provided on our website, in-line with the service purchased and we are not responsible for any additional services beyond this agreement. Although every effort is made to increase search engine rankings we do not and can not guarantee that you will reach "1st position", "page 1" nor do we guarantee any such rankings in any search engine for any keyword, for any increase in search engine rankings or for any increase in traffic to your website. Services are provided to offer additional exposure online and any increase or decrease in rankings are subject to conditions beyond our control and therefore cannot be offered or guaranteed, regardless of verbal or written suggestion offered or implied. You must already have a website for any search engine optimisation services to be started and/or completed by us. Although every effort is made to provide these services in accordance with "white-hat" policies we do not guarantee that some services may be provided using alternative provisions which may include the provision of links to your website from third parties in exchange for financial reward. We do not guarantee the adherence to any webmaster guidelines regardless of search provider and cannot be held responsible for any content deemed as webspam or any consequencial algorythmic penalities by the search provider as a result of any service we provide. By agreeing to these terms and conditions and/or by provisioning us to provide you with any service you accept that your website is subject to all of of the terms outlined in this section of the terms and conditions and this section should not be subject to conflict by any other part of these terms and conditions or any service agreement otherwise provided, verbally or in writing, regardless of timing.
8.7 We may pass your information on to 3rd parties which will include business directories, business citation websites and search engine submission websites in order to maximise the exposure of your business website online, as part of search engine optimisation efforts.
9. Discounts, coupons and promotions
9.1 We reserve the right to cancel promotions, coupon codes or promotions at any time without prior consent or notice. Existing or active discounts, coupons and promotions are included within this reservation.
10. Termination / Cancellation Of Services
10.1 Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice.
10.2 E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing.
10.3 The Client will be charged for any work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
10.4 No refunds can be offered for work agreed, where the work has already commenced. Any money paid for services in advance will be retained by us for the provision of these services regardless of the length of time remaining within the agreement or the amount of money(s) paid to us.
10.6 Any request for cancellation will be effective from the time the cancellation is recieved however we cannot guarantee that payments will be stopped immediately and you should consult with PayPal or your card issuer to stop any future payments.
10.7 Payments already received cannot be refunded for any reason, in accordance with this agreement with which you agree to at the time of creating your account with us or as per this agreement as you agreed to it at the time of creating the payment on a 3rd party website such as PayPal.com.
10.8 Any work by us will be completed in line with payment(s) received unless this is not possible due to:
10.8.1 - the prohibitance of the customer
10.8.2 - any lack of access to any system or software as a result of password changes of failure to provide the relevant information
10.8.3 - any reason which stops, blocks or interupts our ability to complete the work as a result of the customer's doing or failure to do
10.9 Payments are deducted monthly, in advance of service provisioning and therefor a cancelled payment will be effective as of the next billing cycle regardless of previous payments made or received.
10.10 All work which is carried out on the customers behalf by us is done quantum meruit.
10.11 Any payment(s) received in advance of work being completed are used to cover the cost(s) of software, hardware, a fair and reasonable hourly rate for us and to cover any other reasonable costs or time taken to carry out the task required. In the event of you cancelling your service with us we reserve the right to withold any money(s) paid to us for the provision of completing any existing work and/or provision of the cancellation of your services.
10.12 No optimisation results are guaranteed where implied or otherwise and so no payment can be refunded as a result of a failure to reach any level or result as per that of the customer's expectation.
10.13 Errors and omissions excepted.
11. 3rd Party Services
11.1 P1 Online may purchase 3rd party services on behalf of the Client, which may include domain names, web hosting services or any other part of the requirement to complete any web design request or search engine optimisation. Payment and renewal of those services is the responsibility of the Client. The loss, cancellation or otherwise of the service brought about by non or late payment is not the responsibility of P1 Online. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
12. Additional Information
12.1 We are a digital services provider trading as P1 Online in the United Kingdom and should not be confused with any other business or company, established or otherwise with a similar trading name or offering similar services as a "sole trader" business which should not be confused with any limited company or any other variation of business at all regardless of status.
12.2 These terms and conditions are complete and final, and all website users and customers of P1 Online (us / ours) are bound by these terms and conditions which should be adhered to in full, without compromise, conflict or contradiction.
12.3 If you have any questions about these Terms, please contact us online or call 08445872131 (between 9am and 5pm Monday to Friday, excluding bank and public holidays).