Terms & Conditions
hese Terms And Conditions (“Terms”) are agreed by Spoton.net Limited, registered company 06139437 in England and Wales (“We” or “Us”) and the entity agreeing to these Terms (“You”). If You are acting on behalf of another entity, You represent and warrant that You have the legal authority to commit that entity to these Terms.
1 Defined Terms
1.1 Where these Terms refer to a day that does not exist within a calendar month, the date shall be taken to mean the final day in that calendar month. For example, the date one calendar month after 31st January 2001 shall be taken to be 28th February 2001.
1.2 “Terms Of Sale” means the document titled “Terms Of Sale” that accompanies these Terms And Conditions.
1.3 “Purchase Date” means the date on which You make Your first payment to Us in relation to this sale.
1.4 “Licence Start Date” means the date on which the Licence (as in defined in clause 2.4) begins. The Terms Of Sale state whether the Licence Start Date is the Purchase Date itself or the same day in the next calendar month after the Purchase Date.
1.5 “Licence Renewal Date” means the same day as the Licence Start Date in each subsequent month.
1.6 “Licence Payment Date” means the dates stated in the Terms Of Sale on which We will take Licence payments from You by the means stated in the Terms Of Sale.
2.1 You agree to purchase the design of a website (the “Website”) from Us. You agree to supply us with text and images (“Initial Content”) for use in the design of the Website.
2.2 We agree to design the number of pages specified in the Terms Of Sale. We will commence the design only after the Initial Content has been supplied.
2.3 You accept the presence of the text “Designed and created by it’seeze” and the “it’seeze” wordmark at the foot of each page on the Website.
2.4 You agree to purchase a licence (the “Licence”) to use the “it’seeze” content management system software (the “Software”) to host the Website.
2.5 The minimum Term for the purchase of the Licence is either 12 or 24 calendar months, as stated in the Terms Of Sale. This Agreement will remain in effect beyond the minimum Term until cancelled.
2.6 If You have purchased a licence for “it’seeze Lite” You may use the Software to upload up to 30 images for use on the Website.
2.7 If You have purchased a licence for “it’seeze Max”, “it’seeze Commerce”, or “it’seeze Mobile” You may use the Software to upload up to 512 binary megabytes of images and 512 binary megabytes of files for use on the Website. Individual files are limited to 20 binary megabytes in size.
2.8 You agree to update Your account so that Your contact details remain accurate at all times.
2.9 You agree to update Your account so that You maintain an active payment method, as specified in clause 3.1, at all times.
3 Price And Payment
3.1 Payment for the Website must be made by credit card or debit card or, at Our sole discretion, through another method. Licence payments must be made by Monthly Recurring Billing through a credit or debit card, or by Direct Debit, or, at Our sole discretion, through another method.
3.2 Licence payments will be taken automatically each month, in advance, on the Licence Payment Date. Each Licence payment covers the calendar month up until the following Licence Renewal Date.
3.3 It is Your responsibility to provide in a timely manner the Initial Content required to complete Your site; Licence payments will continue irrespective of whether this information has been provided. Under no circumstances shall You be entitled to make any deduction or withhold payment for any reason.
3.4 If Your account remains in arrears for a period of one calendar month following a Licence Renewal Date We reserve the right to remove the Website from the internet (“Suspension”) and disable Your ability to send and receive e-mails. We will notify You prior to Suspension. For the avoidance of doubt, if You have purchased multiple licences from Us then We reserve the right to suspend all Websites in response to arrears incurred in relation to any of the licences.
3.5 In the event of unpaid Licence payments We reserve the right to use the services of third parties to recover monies owed. Without prejudice to any other remedy available to Us, We reserve the right to pass on credit collection fees to You, plus statutory late payment interest.
3.6 You agree to pay an administration charge of £100, plus VAT, to restore the Website in the event of its Suspension for non-payment, or £50, plus VAT, to restore the website after a prior cancellation request.
4.1 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 You have the right to cancel within a period of 14 days from placing Your order, provided (a) We have not commenced production of Your Website and (b) our Agents have not obtained or created material for use in the production of Your Website. In either case (a) or (b) the right to cancel is no longer applicable, in accordance with regulation 13(1)(c) of The Consumer Protection (Distance Selling) Regulations 2000.
4.2 You may give notice of Your intention to cancel this agreement at any time without giving any reason. The date upon which this agreement terminates (“Cancellation Date”) is determined solely from the date on which We receive Your notice (“Notice Date”). The Cancellation Date is the next Licence Renewal Date falling on or after the date one calendar month after the Notice Date, provided this date satisfies the minimum Term. If this date does not satisfy the minimum Term, the Cancellation Date is the earliest date that satisfies the minimum Term.