|1 – DEFINITIONS
Main Email Address: Designates the Email Address that the Subscriber wishes to use to communicate with 10poundwebsites.
Internet Solution Center: Designates 10poundwebsites partners that perform certain services for 10poundwebsites Subscribers.
10poundwebsites Email Account: Designates the email account provided to each Subscriber by 10poundwebsites in accordance with the provisions of article 8 below.
Registration Date: Designates the Site ID and Password acquisition date.
Site ID: Designates the name of a Website.
Password: Designates the code that is attached to the Site ID.
Partner: Designates any third party company whose services are offered by 10poundwebsites.
Services: Designates all of the services offered by 10poundwebsites.
Website: The Website of a Subscriber whose address is a registered domain hosted by 10poundwebsites.com.
User: Designates an Internet user who is not a 10poundwebsites Subscriber. These non-subscribers generally use the call back service set up on the 10poundwebsites site.
The Subscriber represents and warrants the ability to contract and create binding legal obligations and the necessary authorizations to do so.
|3 – OBJECT OF SITE AND DESCRIPTION OF THE SERVICES
The 10poundwebsites Website is intended for professionals wanting to create their online store. To do so, 10poundwebsites provides several types of Service, including but not limited to:
Subject to other specific provisions, the 10poundwebsites Website can be accessed from any location, given that minimal technical conditions are respected, particularly in terms of Internet access.
The Subscriber agrees to conform to general standards of behaviour and public order relating to Internet users and applicable in the country from which the Subscriber uses the 10poundwebsites Website.
10poundwebsites reserves the right to modify or relocate the content making up the 10poundwebsites Website and to temporarily or permanently suspend the 10poundwebsites Website in part or in its entirety. 10poundwebsites reserves the right to do so at any time and without prior notification to the Subscriber.
|4 – REGISTRATION-SUBSCRIPTION
At the time of registration, the Subscriber will select a Site ID and Password allowing them to access their account. The Subscriber is solely responsible for maintaining the confidentiality of his or her Site ID and Password and accepts the consequences of all actions performed using his or her Site ID and Password.
The Subscriber guarantees the authenticity of the data he or she provides and that this information is exact, complete and up-to-date. The Subscriber is solely responsible for any false or inaccurate statements. If so provided, 10poundwebsites reserves the right to suspend or terminate the Subscriber’s account or the data and files therein, refuse access to these sites, pages, files and data or ban the Subscriber from any or all 10poundwebsites Services without notice or compensation, and without prejudice to any rights or remedies the Subscriber may have at common law or in equity.
10poundwebsites reserves the discretionary right to suspend access to Services to persons providing information at the time of registration that 10poundwebsites deems incompatible with the structure and management of our Services.
|5 – PROVISION OF THE SERVICE
Online Website creation and hosting Services are provided to the Subscriber from the time of his or her registration on the 10poundwebsites Website.
The Subscriber’s rights to access Services are strictly exclusive and non-transferable.
For additional services involving a fixed date, such as online coaching, it is possible to postpone the scheduled date one time, and one time only, on the condition that the request is made 15 days before the scheduled service date. Excepting this case, all expenses relating to the service are the responsibility of the Subscriber and no refunds will be made for the cancellation of the service.
For services requiring the exchange of information with the Subscriber, such as the creation of a graphic charter or custom home page, the Subscriber agrees to provide the information necessary to perform the service in a timely manner. The absence or undue delay of said information will lead to the cancellation of the service at the Subscriber’s expense and no refunds will be made.
|6 – SUBSCRIPTION TERM
The Subscription Contract is concluded for a one (1) month period beginning on the Registration Date. It is renewable by tacit agreement for monthly subscription periods.
The Subscriber has the right to cancel any or all Services he or she was using in the preceding month.
If the Subscriber decides to cancel subscription to the hosting service, his or her Website will be deactivated but left intact for a twelve (12) month period in accordance with article 14.2 below to allow the Subscriber to reconsider his or her decision.
If the Subscriber purchases several monthly subscriptions corresponding to different Services in advance, these subscriptions are non-refundable and the Subscription Contract is concluded for the period covering all prepaid services.
No sum is owed by 10poundwebsites to the Subscriber in the case of early cancellation of his or her Subscription Contract.
|7 – FINANCIAL CONDITIONS
7.1 Charges and Payment
The price and Special Conditions of 10poundwebsites Services can be accessed on the site www.10poundwebsites.com.
10poundwebsites reserves the right to revise these prices at any time.
The Subscriber is billed monthly on the anniversary date of his or her subscription activation.
Subscription is payable in advance directly on the 10poundwebsites site using the different payment methods available on the site www.10poundwebsites.com.
In the case of late payment, 10poundwebsites by right will charge the Subscriber a penalty calculated at the legal rate in effect, with a minimum collection of £15.00 GBP per payment incident.
In the case of denial from the financial institutions concerned by the payment method selected by the Subscriber, a fee of fifteen (15) GBP will be automatically billed to the Subscriber. Furthermore, 10poundwebsites will no longer authorize the payment method giving rise to the denial and the Subscriber will have to select an alternative payment method for future payments.
|8 – SUBSCRIBER OBLIGATIONS
The Subscriber agrees to use the 10poundwebsites Website and Services in compliance with all stipulations in the Subscription Contract.
The Subscriber also agrees to respect all legal provisions in effect.
8.1 Content Dissemination by Subscriber
The Subscriber is responsible for the Content he or she disseminates via our Services.
For all useful purposes, it is specified that the Subscriber remains the sole editor of the Content he or she edits. 10poundwebsites can in no case be considered an editor of Websites created by our Subscribers via these Services.
When disseminating Content, the Subscriber agrees to respect all legal and statutory provisions in effect.
In this regard, the Subscriber agrees not to disseminate Content, regardless of their nature or form:
The Subscriber also agrees not to create hypertext links to other websites that do not respect these same principles.
Furthermore, concerning sites presenting products and e-commerce sites, the Subscriber agrees to:
8.2 Email Accounts Used by the Subscriber
At the time of registration, the Subscriber provides 10poundwebsites with the email address he or she wishes to use within the framework of the Subscription. This email address is the Subscriber’s main email address (the Main Email Address). 10poundwebsites communicates with the Subscriber through this address.
If the Subscriber wishes to change the Main Email Address, he or she must inform 10poundwebsites immediately and modify this address in their personal information pages.
The Subscriber therefore agrees to regularly consult the messages sent by 10poundwebsites to this address. All communications sent from 10poundwebsites to the Main Email Address of the Subscriber is reputed as having been received and read by the Subscriber.
10poundwebsites uses this mailbox to send two types of mail:
At the Subscriber’s request, 10poundwebsites can provide one or several mailboxes to the Subscriber depending on the services to which he or she is subscribed (the “10poundwebsites Email Accounts”). This mailbox service gives the Subscriber sole rights to the capture, consultation and transmission of computerized documents or electronic messages.
Sending unsolicited commercial email or “spam”, such as sending unsolicited commercial emails from the 10poundwebsites mailbox, especially to solicit personal information, sending nuisance email en masse and/or repeatedly to the same address from the 10poundwebsites Email Account, email threats or attacks, or email containing false or misleading content, a false return address or erroneous path of transmission in an email sent from an 10poundwebsites server is particularly considered as abuse of Email Accounts.
|9 – 10POUNDWEBSITES COMMITMENTS
9.1 Continuity of Services
10poundwebsites must exercise due care with regard to the Subscriber.
10poundwebsites cannot be held responsible for the quality of services provided by our Partners insofar as the Subscriber has freely entered into a contract for this service with a Partner.
9.2 Connection of Subscribers with Partners and Internet Solution Centres
10poundwebsites offers the services of third party Partners and Internet Solution Centres for our Subscribers from among our network of qualified professionals.
The Subscriber is free to abstain from or enter into contracts with the interested Partner or Internet Solution Centre.
In any event, if the Subscriber and the Partner or Internet Solution Centre establish a contractual relationship for any reason, 10poundwebsites should be considered as a third party in this contractual relationship, exercising no control over the services of our Partner with whom we hold no employee-employer relationship.
9.3 Hosting Services
The Website created by the Subscriber is hosted on 10poundwebsites servers.
10poundwebsites reserves the right to interrupt Services at any time, without being held liable and without refund:
The Subscriber expressly accepts that a reference indicating that 10poundwebsites hosts his or her Website be placed on his or her Website, so that 10poundwebsites is in a position or respect the obligations to which we are subject as a Website hosting service, in particular in accordance with the 21 June 2004 law concerning trust in the digital economy. The Subscriber agrees to make sure that this reference is always visible by Internet users and not to hide this reference using any possible method/technique.
9.4 Notification Procedure
If Internet users observe illicit Content and wish to have it removed, they are encouraged to inform 10poundwebsites by means of the notification system provided for this purpose on the site www.10poundwebsites.com.
The Internet user reporting illicit Content must provide 10poundwebsites with all the necessary information either by email or using the form available on the site www.10poundwebsites.com. This information may include but is not limited to:
Upon receiving this type of notification, 10poundwebsites can immediately and legally remove the Content presumed to be illicit in accordance with the legislative provisions in force. 10poundwebsites can also request that the Subscriber who provided this Content supply any elements allowing them to justify the illicitness of this provision.
If 10poundwebsites receives a notification pointing out content referencing crimes or offences, crimes against humanity, inciting racial hatred or relating to child pornography, 10poundwebsites will notify the proper authorities.
A User presenting Content as illicit to 10poundwebsites, knowing that this information is inexact, in the aim of having said Content removed, may be held liable.
|10 – INTELLECTUAL PROPERTY RIGHTS
10.1 – 10poundwebsites Intellectual Property Rights
The sites www.10poundwebsites.com, www.10poundwebsites.co.uk and www.10poundwebsites.net are the exclusive property of the Web Retail Group.
All material protected by intellectual property rights and made available by the Subscriber remain the exclusive property of 10poundwebsites.
10poundwebsites Subscribers acknowledge and accept that the 10poundwebsites websites and their content – including but not limited to the text, software, music, sounds, photographs, videos, designs or any other material contained in the advertisements and any other information of a commercial nature produced and presented by the sites – are subject to protection by intellectual property rights (trademarks, copyrights, graphics, templates, or patents). Subscribers are not authorized to copy, use, reproduce, distribute any or all of the sites and/or their content or produce creations derived from any or all of the sites and/or their content without the express written agreement of 10poundwebsites.
It is specified that the surrendered rights include:
10.2 – Subscriber Intellectual Property Rights
All material likely to be protected by intellectual property rights and provided by the Subscriber on his or her own Website remains the exclusive property of the Subscriber.
The Subscriber guarantees that he or she owns, or holds without restriction, all authorizations required in terms of intellectual property rights to use protected material on his or her Website. In this regard, the Subscriber protects 10poundwebsites from all claims and/or actions which anyone may bring against us regarding the ownership of this Content, as well as any damages, whether direct or indirect, that 10poundwebsites may suffer as a result.
10poundwebsites cannot be held responsible for incidents which may ensue from the diffusion of said Content by the Subscriber.
10.3 – Use of Subscriber references and information
Likewise, the Subscriber allows 10poundwebsites to use this information in the “Testimonials” section of the 10poundwebsites site.
The Subscriber expressly authorizes 10poundwebsites to reproduce his or her logo or any other material from the Subscriber’s Website that is protected by the framework of intellectual property rights.
The conditions of use concerning the Subscriber’s contact information and Website elements in the “Testimonials” section of the 10poundwebsites site can be specified in writing by 10poundwebsites upon the express written request of the Subscriber.
The Subscriber has the right to refuse this use by providing 10poundwebsites with his or her refusal in writing.
|11 – DATA PROTECTION
11.1 – Collected Data
To use the 10poundwebsites site and the Services we offer, Subscribers and Users are asked to provide 10poundwebsites with personal information concerning said Subscribers and Users.
Subscribers and Users must provide the required data during the registration procedure in the mandatory fields (the “Data”) to use 10poundwebsites Services.
In the absence of required data, registration for 10poundwebsites Services cannot be completed.
11.2 – Purpose
Data provided at the time of registration on the 10poundwebsites Website and the during the use of our Services will be used for the following purposes:
11.3 – Data Treatment
The Data is intended for use by 10poundwebsites personnel for site and Service management purposes. In an anonymous manner, certain data may be accessed by Internet users and may be transferred to commercial companies for prospecting purposes. Notwithstanding the foregoing, certain information, such as the password, credit card number, or bank account number will never be communicated to these companies in any form.
Under specific circumstances, 10poundwebsites must disclose this Data to judicial authorities upon request.
11.4 – Data Conservation
10poundwebsites stores Data for a period of time that is strictly necessary to perform the aforementioned purposes. Beyond this period, the Data is exclusively stored for statistical purposes and will not be exploited in any way.
10poundwebsites is also obligated to store the data to allow for the identification of users who provide illicit content for the purpose of transmitting this data to competent authorities upon judicial requisition, excluding all third parties, in accordance with the conditions authorized by law.
11.5 – Data Transfer
Within the normal framework of our activities, 10poundwebsites collects and treats information concerning Subscribers and Users in UK. It is possible that some information is hosted by a technical service located in the United States of America, the role of said service being strictly limited to a technical information storage service. In this hypothesis, it is specified that this service will not use this Data in any manner.
11.6 – User and Subscriber Rights
Subscribers and Users have the rights of access, rectification, deletion, and opposition of their personal Data. If Subscribers or Users wish to consult the Data provided by 10poundwebsites, cancel his or her subscription to any or all Services, to the newsletter or any other service, he or she can (i) consult the Data and/or make the necessary modifications in said Data in his or her personal information pages, or (ii) make a request, by registered letter with acknowledgement of receipt, to the following address: 10poundwebsites – Customer Service – Branston Court, Branston Street, Jewellery Quarter, Birmingham, B18 6BA.
Similarly, Subscribers and Users can also demand that inaccurate, incomplete, ambiguous or out of date personal Data be rectified, completed, clarified, updated or deleted.
Furthermore, Subscribers and Users have the right to object that his or her personal Data be treated or transferred by making a request, by registered letter with acknowledgement of receipt, at the aforementioned address. Certain Data being necessary for the use of Services, Subscribers and Users wishing to object to the treatment of their Data will not be able to use Services.
11.7 – Cookies
Subscribers and Users wanting to register on the 10poundwebsites website and use our Services cannot object to the insertion of cookies on their computers because this allows us to customize the services and content available on the 10poundwebsites website.
The identification code is stored in the computer for (1) year.
Using cookies is very common on the Internet network. Nevertheless, it is possible to object to the insertion of cookies by configuring the computer’s browser preferences not to accept cookies. If the Subscriber or User chooses not to accept cookies in his or her browser, he or she can nevertheless use 10poundwebsites Services in their entirety, after having registered, which is mandatory for the use of all 10poundwebsites Services.
11.8 – Security
10poundwebsites commits to maintaining the confidentiality and integrity of any personal Data collected from the Subscriber or User.
|12 – 10POUNDWEBSITES GUARANTIES AND RESPONSABILITIES
10poundwebsites is not responsible for the Content hosted via Subscriber Websites.
For all practical purposes, it is specified that 10poundwebsites is not the editor of Subscriber Websites and, consequently, 10poundwebsites cannot be held responsible for any reason in this regard.
10poundwebsites will not be held responsible for any indirect damage, such as the loss of income, clientele, data, any financial or commercial damage, commercial disruption, loss of profit or any immaterial damage.
10poundwebsites will not be held responsible for content available on other sites or Internet sources accessible through hypertext links inserted on the site (and in particular owing to advertisements, products, services or any other information).
In accordance with the provision of articles 9.3 and 13, 10poundwebsites reserves the right to remove or suspend access to any Content after receiving a notification from a Subscriber or third party, or if we have actual knowledge of the flagrantly illicit Content. 10poundwebsites will not be held liable for in consequence of this removal or suspension.
10poundwebsites is not able to guarantee Subscribers that no errors will occur while using the site. 10poundwebsites does not guarantee that the obtained results, information and services will be free of defect or error.
Moreover, 10poundwebsites is dependent on the quality of the Internet network. Consequently, 10poundwebsites does not guarantee the reliability of our Services and does not correct faults observed on the Internet network. Thus, 10poundwebsites will not be held liable for difficulties in the diffusion of Content or, more generally, for any disruption of the Internet network affecting the use of our Services. 10poundwebsites makes no guarantees concerning the diffusion conditions, diffusion quality, transmission and accessibility of Content.
|13 – CONTENT REMOVAL AND SUSPENSION OF SUBSCRIBER ACCOUNT
Insofar as is possible, 10poundwebsites will notify the concerned Subscriber about the removal of the Content or the suspension of his or her account and the reasons prompting this removal or suspension.
|14 – CANELLATION AND DEACTIVATION
|15 – MISCELLANEOUS
15.1 – Force Majeure
Any event relating to a case of force majeure, such as is normally defined by case law, suspends the rights and obligations of the parties. In the case where the events persist beyond a two (2) month time period from the time of incidence, the parties can terminate the Subscription Contract with no penalties by means of a registered letter with acknowledgment of receipt notifying the facts in question and the date of incidence of the force majeure.
15.2 – Partial Invalidity
15.3 – No Partnership
15.4 – Confidentiality
This commitment remains in effect during the deactivation of the Subscriber’s Website.
15.5 – Transfer of Subscription Contract
The Subscriber cannot transfer the Subscription Contract, or any part thereof, to a third-party person in any form, by onerous or free title, or let a third-party person profit from the advantages of the subscription or be replaced by a third-party person for the fulfilment of obligations, without the prior express approval of 10poundwebsites.
15.6 – Notification / Complaint
Unless otherwise indicated, any complaints and/or comments from the Subscriber or a User must be addressed to 10poundwebsites by registered letter with acknowledgment of receipt at the following address:
15.7 – Applicable Law and Competent Jurisdiction
In case of dispute, and after an attempt to reach an amicable solution, the court having express jurisdiction is that of Birmingham.