Eazi-Site Terms and Conditions

Terms and Conditions

Terms & Conditions for Websites

(Last modified 16th April 2019)

We don’t want to get too legal with Terms and Conditions; we like to keep it simple. But, we need to make sure that You and Eazi-Sites (or any of its Agents or Licensees) are both in agreement to some simple things. Eazi-Sites (or any of its Agents or Licensees) will provide you a Proposal for the cost of designing, managing and hosting a website for You. Your approval of the Proposal via return email will activate the following terms and conditions.

Eazi-Sites is trading of Eazi-Apps Ltd and is a company registered in England (“We” or “Us”) under company number 08364226, whose registered office is at The Old School House, 1st Floor, 65A London Road, Oadby, Leicester, UK, LE2 5DN. These Terms and Conditions (“Terms”) are agreed by Eazi-Apps Limited and the entity agreeing to these Terms (“You”). If the sale has been agreed with any of its Agents or Licensees then these terms are agreed by only the Agent or Licensee and You.

Agreement

When You purchase a website design (the “Website”) from Eazi-Sites or any of its Agents or Licensees (“Eazi-Sites”), You agree to supply all the text and images/photos to be used in the build of Your Website (“Content”).

Eazi-Sites may offer images from its library or images sourced online. You will be advised of the cost of any images that are required to be purchased by Eazi-Sites. Upon Your approval, this cost will be in addition to the agreed site build cost.

Eazi-Sites agrees to design the number of pages as specified within the Proposal and will only proceed with a mock-up design once all the Content has been provided.

Images and Videos should be properly labelled and of best quality possible. Videos should only be in YouTube or Vimeo format. No other formats will be accepted.

Eazi-Sites will build the Dynamic Content Website with an initial dynamic content front page mock-up for desktop, tablet and mobile, and present that to You for approval before the site moves to a full build.

The mock-up is of a design concept nature and contains minimal content. This mock-up will be charged at a rate of a front-page build, and is payable regardless of moving to a full build site or not. If a full build site is ordered, the mock-up cost becomes part of the full build cost.

Upon approval of this mock-up, Eazi-Sites will invoice You for 50% of the site build cost based on the proposal you have agreed to. When the payment has been confirmed as paid, Eazi-Sites will then move to a full build of the Dynamic Content Website which will be finalized within 7-21 working days. Eazi-Sites will allow You to make one set of back and forth (edits) to this site based on the information You have provided us via the site build form and prior emails. Any edits that are a result of a mistake by Eazi-Sites is not included in the single back and forth emails.

Eazi-Sites will only provide access to the Dynamic Content Site after it has been made live. Any changes made by You that result in site damages, malfunction, will not be the responsibility of Eazi-Sites. Eazi-Sites will be able to repair the damage at an additional cost.

Access to the Content Management System, Site Management and Hosting Services are to be paid by direct debit payments or recurring credit card payments (or any other payment method that has been agreed).

Eazi-Sites makes no guarantees that any of its products or services will increase Your business, result in page one google ranking, increase revenues, or cure Global Warming, the Common Cold or create World Peace.

Eazi-Sites reserve the right to decline projects that have content that is discriminatory, violent or is sexually explicit in nature.

Our Agents or Licensees may have assisted You in Your purchase of the Website. Our Agents or Licensees are not employed by Us and We take no responsibility for their presentations, written or verbal communication, or other actions. You take full responsibility for all material supplied in connection with Your Website.

All Intellectual Property Rights (including, without limitation, all database rights, rights in designs, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction) in any information, content, materials, data or processes contained in or to this website belong to Eazi-Sites. All rights of Eazi-Sites in such Intellectual Property Rights are hereby reserved.

Eazi-Sites holds no responsibility for the failure of any external links or third party application that have been integrated into the website.

Price and Payment

Payment is to be made on a month to month basis, a month in advance and for a minimum term as agreed within the Proposal. Under no circumstances shall You be entitled to make any deduction or withhold payment for any reason.

All Graphic works created by Eazi-Sites will be watermarked and remain the property of Eazi-Sites until all outstanding invoices have been paid.

Failure of payment will result in You having 14 days to rectify the payment situation of which You will be notified. If the situation is not rectified within 14 days, Eazi-Sites reserve the right to suspend Your site and/or services from public view. If the situation is not rectified within an additional 14 days, Eazi-Sites reserve the right to terminate the site and/or service.

You agree to pay an administration charge of £125 (plus VAT if applicable) to restore the Website in the event of its suspension for non-payment.

Any additions/changes to the site that have not been provided in the initial information and changes that are not associated to the original information will be completed at an additional cost. You will be advised of any additional cost in advance and given the option to accept or reject these changes.

Eazi-Sites define an edit as a change that requires no redesign of graphics, laYout or additional pages. A change or addition is defined as any action that requires a new graphic design, change of template or layout, or additional pages.

Cancellation

We may cancel this agreement at any time without giving any reason. For the purposes of the following clauses, the “Notice Date” and “Cancellation Date” shall then be the date on which We give notice of Our cancellation. Should We cancel this agreement prior to the completion of the design of the Website We will refund to You the amount paid for the design and any Licence payments. Should We cancel this agreement following the completion of the design of the Website We will refund to You any Licence payment made after the most recent Licence Renewal Date.

Disclaimers of all warranties

Eazi-Sites content, the site and the services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Without limiting the above, (i) we make no warranty that the site, the services or the content will meet Your requirements, or will be uninterrupted, continuous, timely, secure, accurate, correct, complete or available; (ii) we do not endorse or approve any content provided by any party other than us and disclaim all liability whatsoever thereto; and (iii) we do not warrant or make any representations regarding the use or the results of this site, the services or the content in terms of its correctness, completeness, results, availability, accuracy, reliability or otherwise.

Limitation of Liability

To the fullest extent permitted by law, under no circumstances shall we be liable for any injury, death, act of god, accident, delay, direct or indirect, incidental, punitive, special, exemplary or consequential damages arising out of any (i) use or the inability (for any reason) to use any part of this site or the services (including without limitation inaccuracies or errors of information as a result of accessing this site or the services), (ii) action or inaction in connection with this agreement or for cost of procurement of substitute services, or (iii) statements or conduct of You or any third party on this site or Your, including without limitation any submissions thereon; in each case, including but not limited to, damages for loss of profits, even if we have been advised of the possibility of such damages, whether based on contract, tort, negligence, strict liability or otherwise.

All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.

In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that Our aggregate liability shall not exceed amount paid by You to Us pursuant to this Agreement.

Indemnification

You release, and agree, at Your own expense, to indemnify, defend and hold harmless us, our officers, directors, employees, licensees, agents and affiliates, from all claims, liabilities, loss and damages (of every kind, whether known or unknown and suspected or unsuspected) related to in any way to: (i) Your use of, access to or reliance on this site, the services or the content, or (ii) Your violation of any of the terms of this agreement or any applicable laws or regulations.

We will provide You with written notice of such claim. You will not enter into any settlement or compromise of any such claim without Our prior written consent. We may assume the exclusive defence and control of any matter subject to indemnification by You. In all events, You shall cooperate fully in the defence of any claim.

Changes to Terms and Conditions

All terms and conditions above are subject to change without prior notice and shall take effect immediately. If You do not accept a Change, You must cancel Your website. If You do not object to a Change by cancelling Your website within the one calendar month notice period, You will be deemed to have accepted the Change.

Governing Law

This Agreement is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.