Wigboo Ltd Terms and Conditions

www.wigboo.co.uk “our website” is owned and operated by Wigboo Ltd. Wigboo Ltd is a UK company registered in England and Wales. Wigboo Ltd company registration number is 7278064. Registered office is at c/o DSG, Castle Chambers, 43 Castle Street, Liverpool, L1 2TL. UK VAT registration number is UK 285 8326 64.

Our office address is Wigboo Ltd, Glen Trefon, Haddon Close, Alderley Edge, Cheshire. SK9 7RD

We can be contacted by email dom@wigboo.co.uk

You may be contacted by us in relation to our services via telephone, text, email or by posted letter.

Our website

Our website www.wigboo.co.uk provides information of our services. Our Services include bespoke software creation, process and systems consultancy and server hosting. These are (‘the Services’). It is important that you read and understand these terms before using the Services. By accessing or using the Services, you agree to be legally bound by these terms, as they may be modified from time to time.

When using our site you must comply with the provisions of our acceptable use policy Acceptable Use Policy.

We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular start of service provision will apply until that service transaction is completed.

The Terms

The supply of our products and services through our website www.wigboo.co.uk to you is based on the acceptance of these Terms and Conditions. These general Terms and Conditions, along with any specific related product / supply related terms and conditions that are supplied by us to you form the acceptance of this agreement. All our terms and Conditions must be read and be accepted by you prior to you being supplied with our products / services.

Along with these Terms and Conditions in using our services / website you are agreeing and are bound to the following policies:
Acceptable Use Policy
Privacy & Cookie Policy

The following Terms and Conditions relate to specific products and services. In using any of these services as part of our service either in full or part use of these services you will be bound by these terms and conditions

website Creation Agreement
website Hosting Agreement
Data Processing Agreement

These specific product / service policies above are in addition to these General Terms & Conditions, Privacy & Cookie Policy and Acceptable Use Policy which must be accepted to use our website or any service we offer.

If it is deemed there is a conflict between Terms and Conditions / Agreements / Policies the product / supply specific terms and conditions will take precedence

We may alter or amend these Terms and Conditions at any time. The up to date terms and Conditions will be available on our website www.wigboo.co.uk

If following a change in the terms and conditions you wish to stop using our services due to the change please email your request to terminate giving 7 days notice to dom@wigboo.co.uk. If written termination is not received it is deemed you accept the current published terms and conditions. Please be aware that terminating one service may affect another supplied service. Please Contact Us if you are in any doubt.

Accepting Our Services

If you order / agree to using our services through one of our representatives / via phone / via online ordering / via email / via supplied quote or any other method our terms and conditions are applicable the moment you agree to use our services. If for any reason we are unable to provide the requested service to you we will advise you of this and refund any monies paid. We reserve the right to refuse to supply any service to any individual / business user without providing reasons for our refusal.

The services you request / order / purchase will be supplied in accordance with these terms and conditions

Payment must be received in advance of any subscription service otherwise an invoice will be raised for the supplied service and you agree that in requesting the service invoices for the service will be paid on time and in full. Failure to make payment will result in your service being terminated and your access will be denied and action will be taken to recover owing funds. Free services may be offered from time to time but may be withdrawn at any time. Any service provided free of charge is not an indefinite free of charge service and services may become chargeable / changed or removed and if you wish to continue use of the service once it has become a chargable (rather than free) service applicable payment must be received.

Paying Subscription services, eg hosting services, software maintenance or support contracts will be based on a monthly period. You will be agreeing to receiving the service for the subscription period stated. You may terminate and not choose to renew the service at the end of the ordered subscription service. No refunds will be given for part used months if you cancel the service.

Please Contact Us if you wish to make changes to your services If we are unable to make the changes requested we will confirm this to you.

All information provided must be true, current, complete & accurate and you must inform us of any changes.

Your contact details must be up to date and valid so we can communicate with you at any time. Failure to do so may result in suspension of service with no refund.

Any information we request must be supplied in a reasonable timescale for us to be able to deliver the service. If information is not received your service may be delayed or terminated.

We will not be liable for non-renewal of any service. This is your responsibility to renew and maintain the service.

You must be authorised to enter into this contract and making payments as applicable and in doing so warrant this. You also acknowledge that you will:

If you become suspicious of any unauthorised use of your accounts created as part of our service in any way you must contact us by email immediately.

Not use for any unlawful purpose

Not display, publish or link to any unlawful, obscene, malicious, harmful, racist, threatening, defamatory or objectionable content

Not breach any intellectual property rights of others or third parties

Not scrape our website or use Trojan horses, malware, harmful code or viruses in relation to our services.

Not use our services in any way which may be harmful to our business or our clients business including but not exclusive to publishing or linking to other suppliers / competitors.

Comply with all laws applicable to our services

Keep your user name, account details and password safe and secure of any system we create for you. You are responsible in full for security details and we will not be held liable for any breach or loss of these.

We may change our products and services and how they are displayed and how they work to either improve the service, reflect law changes, or to resolve technical issues

We cannot be held responsible for any delays / delivery of service / downtime for maintenance etc and we will endeavour to maintain service (if that service is paid for) and keep interruptions to a minimum.

We reserve the right to suspend any service for non-payment and charge interest on amounts owing.

We do not back up your data. You are responsible for maintenance and the back up of your data.

Contract Cancellation

If you wish to cancel any of our services please make the request in writing to dom@wigboo.co.uk clearly stating your requirements, reasons and what date your service will be stopped.

Cancellation requests will depend on the services supplied. Subscription services will be cancelled at the end of the paid for purchased subscription period. If you want to cancel within a subscription service, cancellation can be at any time but payment of your subscription service as agreed will still be applicable for the period stated.

If you want to cancel because you are unhappy with the service supplied please contact us.

If we suspend or remove a service from which you are paying you will be refunded for the period of time you have paid for but not received the service subject to the service not being available for more than 28 consecutive days. This does not apply to shorter interruptions of service or maintenance down time.

We have a right to end the contract between you and us for services supplied if:

You break the contract or breach any of our policies

Payment is not received when its due

If services (at our discretion) expose us to the risk of legal or civil action or we need to comply to regulatory / government requests or your use of our website puts our security or stability at risk

Setting up of your account was not authorised or your company becomes unable to pay the fees incurred due to insolvency / bankrupcy

We withdraw our products or services that you are receiving for any reason. If this is an advanced paid subscription service a pro rata refund will be granted for any service that has not been received.

Failure to make payment when it is due may result in us reserving our right to delete your data from our systems, without any obligation to back-up.

The Service

In providing our services we cannot supply any warranty or guarantee that:

They will meet your requirements;

There will be no interruption of service, security risks, or error free use

They are accurate, complete or current

We will not be liable for any non availability of any third party supplier or failure of our services or products

Payment

Payments are required based on the quotes supplied or the subscription type service you have purchased which are agreed prior to commencing the use of our services..

Payments are to be received in advance of the service being supplied unless specific agreement has been made between Wigboo Ltd and yourselves for another payment method in writing. For bespoke software payment agreements will be made depending on the project and the duration. This will be agreed prior to commencing the use of our services and you then agree to make payments in accordance with the agreed payment plan. For subscription services you are agreeing to pay payments for the duration of the subscription service you are purchasing, eg hosting, maintenance support..

Refunds will not be made for cancellation of part months for subscription based products. If you cancel your subscription after payment has been made for that month you are entitled to use that service until the end of the current paid for subscription monthly period. We do not offer a pro rata part monthly subscription service. Bespoke software work can be stopped at any time as long as payments are up to date. If you have received a discount for the supply of our service for a longer project period based on an agreed certain number of days, hours, weeks or months work, any discount initially supplied to our services for ongoing work may be lost if you stop the project and full price for the specific time will be requested.

Errors and Omissions do happen and sometimes a price may be published incorrectly and we cannot be liable for obvious errors and reasonable judgement will be made. We will ensure any errors are resolved quickly

VAT will be charged at the appropriate rate. For EU customers, VAT rates are determined by your country of residence.

Bespoke pricing for provision of products and services may be subject to change.

Fees and bank charges incurred by payment by Bank transfer payments of any kind will be your responsibility

If payment is not received when due we are entitled to:

Charge 4% per annum above the Nat West plc bank base rate interest will accrue on a daily basis from the date that payment falls due until the date that payment is made in full

Suspend the service
Terminate the Contract

You will be notified when your subscription service is up for renewal and it is your responsibility to renew correctly and in plenty of time ensuring all the payment methods are correct prior to renewal to ensure continuity of service.

We will take all reasonable care and skill, but we are not responsible for any unforeseeable loss, damage or rights in relation to the products or services we provide. This applies to losses, damages or claims either directly or indirectly incurred including but not limited to loss of profit, loss of business, business interruption, loss of sales, loss of contracts, the affects of viruses, Trojan horses, malware or any disabling software device or loss of data. It is your responsibility to back up your data and protect your systems accordingly.

Software Services

Use of our software created bespokely is licensed for life (subject to the required payment/s being received) to you to use for the sole purpose as per the order request and must be used in accordance with our instructions, not be modified and ownership of the software code and libraries remains in the ownership of Wigboo Ltd and does not pass to you at any time. You are purely licensed to use the software in relation to the service supplied. The software code or libraries must not be sold, copied or used elsewhere without the written prior consent of Wigboo Ltd. Title remains with us and/or our suppliers. If you wish to own the code completely to be able to sell, share or use the system for purposes other than initially developed for please contact us to discuss your requirements.

You should and we recommend you supply your own legal documents (Terms and Conditions, Privacy Policy, Acceptable Use policy) having taken legal advice in relation to your own needs. We will not be liable for any liabilities, loss, damage or claims in relation to any legal documents.

Any domain names you purchased relating to your own company remains your property.

We may transfer this agreement to someone else if our business is sold for example. If this happens we will tell you in writing (email) and we will do our up most but with no guarantee to ensure that the transfer will not affect your rights under the contract.

You may not sub license the Contract or the services.

Our software code may be installed within Your website and this is only to be used solely for the purpose of the specific Software interface. Access to our service for the purpose of building a competitive product, copying features, copying user interface, benchmarking or using our information for commercial gain other than the supply of our service as outlined is prohibited.

Beta Access and Free Trial Subscriptions. CUSTOMER AGREES THAT ANY FREE TRIAL SUBSCRIPTION OR BETA ACCESS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SLA, OR INDEMNITY OBLIGATIONS OF ANY KIND. BETA RELEASES MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, OMISSIONS, AND OTHER PROBLEMS FOR WHICH Wigboo Ltd WILL NOT BE RESPONSIBLE. ACCORDINGLY, ANY USE OF BETA ACCESS ARE AT CUSTOMER’S SOLE RISK. Termination of Free Trial Subscriptions or Beta Access could be at any time and with no reason supplied at our sole discretion and is without liability.

Customer Data

Any data you enter into any system created by us as part of our service is your data and your copyright and it is your responsibility to maintain it, back it up and protect it. A data export facility will be supplied if requested in your initial software specification requirements or can potentially be added at a later date. If your account is in arrears or payment has not been received your data will be read only and will not be editable or have the ability to be copied. If you no longer wish to use any subscription related service please ensure you have exported any data prior to the expiry of your subscription. If you are unable to do this please contact us prior to your service agreement ending.

Customer Data between the parties. You the Customer retains all right, title, and interest to your Data and the content within your software system supplied by Wigboo Ltd. This excludes the right of any integrated software code or software libraries that has been implemented into your website or elsewhere within any system we create which remains the intellectual property of Wigboo Ltd

The security of your data security is your responsibility. If you choose to use our server hosting service your data security will include: storing Your Data on our servers and using appropriate security measures like firewalls and passwords to help prevent unauthorized access to your data.

We do not back up Your Data. You as the customer must back up, store and protect your data and we take no responsibility in this process. Data no longer in active use or once a subscription has expired or is not paid for may be subject to deletion.

Data Export. If you require a data export facility within your bespoke software to enable you to export your data out of the system that we have created please request this.

Third Party Agreements

You as the Customer agrees to comply with any Third Party websites or Products own Terms and Conditions and associated payments used in connection with our Service

As a customer you represent and warrant that in using Third Party websites or Products used via our service your data or usage will not violate any third party rights, intellectual property, privacy or publicity rights. If you infringe these rights you must remove the content / data immediately from our service and notify us of the infringement. If we are advised of any infringement we will take appropriate action to remove the data without warning.

You agree that no confidential information will be disclosed to third parties. Customer agrees to defend and indemnify Wigboo Ltd from and against any third-party claims and liabilities to the extent resulting from Your Data; Your Properties or any breach or alleged infringement.

Feedback

If Customer provides any feedback in the form of suggestions, comments, improvements, information, ideas or other feedback or related materials you hereby grant us a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license and distribute, any Feedback in any format and in any manner without any obligation, payment, however you as a Customer will not be identified as the source of the feedback unless you have expressed your authority to allow this.

Third Party websites and Products Integration

By you using Third Party websites or Products via the use of our services. Wigboo Ltd does not warrant, support or have any control over Third Party websites, Products or Content. We will not be responsible or liable to any modification, deletion, disclosure, or collection of Your Data by any third party once your data is transmitted or copied to Third Part websites or Products

website Hosting

We have a right to refuse/suspend or terminate our service or access to our servers and this is entirely at our discretion.

You agree to use your website or software system hosted with us for lawful purposes only.

The Server must not be used by you or any other person acting on your behalf in any way that infringes any law or regulation or the rights of any third party or that could be considered a criminal offence or encourages such acts. You and users authorised by you to access the Server must be at least 18 years of age.

Any material you use on the Server must be acceptable to us as a hosting company and it must not infringe in any way the laws relating to copyright, patent, trade mark, design or any intellectual property right or similar rights of any person/company.

We cannot be held responsible or liable for any loss / damage / injury or death resulting from any material on your website. You agree that we are not liable and are harmless from and will be defended by you for any claims brought against us by a third party resulting from the provision of Services by us to You and your use of our Services.

In no event will we be liable for any loss of business, contracts, or for any direct / indirect consequential or economic loss you or anyone else incurs whatsoever.

You agree that we have no liability for any hardware failure, corruption, loss or damage to any data stored on the Server and we give no warranty as to the information’s quality or accuracy received via the Server.

You will not link to, post, upload or transmit to the Server any unlawful, threatening, malicious, pornographic, obscene, offensive or potentially objectionable material including any computer virus or destructive type computer programs.

You agree not to send spam or bulk email and that all mail will be sent in accordance with applicable legislation and in a secure manner. Nor will you employ any email or other computer programs could clog or use excessive server resources and you will not provide email services from your website. Our services are not to be used as file storage facility or for offsite backups in any way.

You are responsible for keeping all confidential data relating to your website, web based product and hosting account including account details, identification and passwords secure. If you lose or suspect any unauthorised use of your confidential data you must inform us immediately.

We cannot unfortunately guarantee that the Server will be free from hackers or unauthorised users, however we shall make every effort to ensure the servers security and integrity but you agree we have no liability for any errors on your website or email errors whatsoever including non receipt/receipt of emails or re-routing etc.

You agree you will not become a website hosting reseller of our hosting services.

We will make every effort to ensure the server is available to you at all times although there will be occasions when the servers will not be available due to maintenance or repairs. This means sometimes access may not be available to you and we cannot be held liable for any down–time or interruption of service of our server. We do have the right to suspend our services without notice but we will do our best to contact you as quickly as possible should problems or the suspension of services is likely to be ongoing.

Payment for hosting services for the agreed period and price is payable in UK pounds sterling online via Worldpay in advance of the service provision. If payment is not received when it is due our service will be suspended. If another payment method is agreed Payments returned to us by the bank as unpaid will result in you also receiving an additional ‘new re-presenting to bank charge’ of £30.00

You may cancel at any time; refunds will be issued based on the ‘full month left’ basis. If you break any of the terms and condition no refunds will be issued. On termination for whatever reason of the hosting agreement access to your website via our server will be stopped and all data relating to your website, web based product on our server will be removed immediately.

Compliance with laws

You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.

General release

We supply software services, websites, consulting and hosting. On using third party website exports you must comply fully with that third parties own terms and conditions as this then is out of our control. In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your use or in relation to your dealings with such other user or third party including, but not limited to, all fees and expenses incurred. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.

Your acceptance of these terms and conditions also acts as a general release of us and any of our subsidiaries (and all of our officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our website.

From time to time our site may contain technical inaccuracies or typographical errors. All liability of Wigboo Ltd how so ever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Intellectual Property Rights

We are the proprietor of the www.wigboo.co.uk website. All other trade marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by us in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.

We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

If you print off, copy or download any part of our site in breach of these terms of use,

your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Notices

Except as otherwise stated, any notices you wish to send to us should be e-mailed to dom@wigboo.co.uk

Any notices that we may wish to draw to your attention will be displayed on our website.

Applicable law

Each and every transaction carried out on or as a result of the Services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. The terms of this charter (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.

Events beyond our control

We will not be in breach of this agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

If any part of the terms of this charter is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Entire agreement

This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Complaints

If you are unhappy with our services please contact us.


© Wigboo Ltd (2020)