For Site & tonic CMS.
These terms and conditions govern your use of our services; by using our website or services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use either our website or services.
The service is a hosted website content management system. A website that the user can edit the content of online using a browser, no special software is needed to be installed on the customer's local computer.
Unlimited email based technical support is provided, from our friendly support staff. We ensure a reply to your emails in a timely manner, so no waiting for days/weeks for a reply. There is also a comprehensive knowledge base explaining how to use the system and other topics in the world of websites.
Site & tonic use a third party, Stripe, Inc., to manage our subscription transactions via credit/debit card. Upon subscription by this method you will be authorising both an immediate payment and a repeat payment that will be taken at a frequency of one calendar month form the initial transition date.
You can cancel your subscription at any time. Please note that should you cancel your subscription your service will remain accessible until your subscription period ends, upon which time your website will be become inaccessible. We will keep your website for 14 days, after which the site and all its contents will be deleted.
To cancel your subscription, you need to contact us through your admin area. Neither Site & tonic Ltd nor Stripe, Inc. can take any responsibility for additional funds taken from your card unless you explicitly cancel your futurepay agreement and receive confirmation that this has taken place.
Refunds are only provided at the discretion of the Company. If for any reason you wish to apply for a refund, please contact us within your "admin area".
If your account is terminated as a result of your breach of these T&Cs, the remainder of any payment made by you will not be refundable.
Your user content must not be illegal, unlawful, of a adult nature, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted or stored on our servers, or hosted. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.
Nothing in these terms and conditions (or elsewhere on our website/services) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website/services or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(e) our maximum liability in relation to any event or series of related events will be limited to £1.00 GBP.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONSWithout prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.
The full name of our company is "Site & Tonic Ltd.
We are registered in England & Wales under registration number: 7472199.
Our registered address is 145 - 157 St John Street, London, EC1V 4PW.
You can contact us by email to alert@siteandtonic.com