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1.1 The 123-reg Make me a Website terms and conditions are subject to 123-reg's General Terms and Conditions, 123-reg Registration, Refund and Renewal Agreement. The Client acknowledges and accepts that they are bound by these terms which are hereby incorporated and made an integral part of this Agreement. In the event of any conflict between 123-reg general terms and conditions, the Make me a Website terms and conditions shall prevail.
1.2 These terms apply to all new and existing Clients of 123-reg located anywhere in the world seeking to create a 123-reg Make me a Website.
1.3 This Agreement governs the provision of the Make me a Website services to the Client by 123-reg, in addition to the certain maintenance relating to the same (the "services"), of which is subject to the particular package selected by the Client.
1.4 The Services consist of 123-reg creating a website on the instructions and request of the Client. The Client acknowledges that each website package under the duration of this Agreement, is solely managed and controlled by 123-reg.
2.1 The Client acknowledges that given the nature of such Services, 123-reg cannot guarantee that the Services will be uninterrupted or error free.
2.2 123-reg warrants that it will provide the Services with reasonable care and skill.
2.3 All communication between the Client and 123-reg via the telephone and through the CRM ticket platform is recorded, for both business purposes and to record and monitor all responses to requests.
3.1 All Clients above the legal age of 18 are entitled to register the Service.
3.2 All websites created by 123-reg are limited to the 123-reg templates that are managed and controlled by the 123-reg team only.
3.3 The Client must make a request for 123-reg to amend, alter or otherwise take action on the website through the 123-reg CRM ticket platform to successfully have their request actioned and approved by the 123-reg team.
3.4 123-reg shall endeavour to respond to each CRM ticket within an allocated time specified on the response to the Client during working hours. Should the request take longer than the allocated timeframe, 123-reg shall notify the Client accordingly through the CRM ticket platform.
3.5 The Client is required to respond to 123-reg through the CRM ticket platform within 3 days after 123-reg has responded. The Client accepts that in the event that they do not respond to the ticket in the time requested, the process of completing their request may be delayed, at no fault of 123-reg.
3.6 The Client accepts and grants 123-reg to have full physical access and control over the website during the initial term of the agreement. 123-reg shall only amend and alter the website as far as they are permitted to do under the contractual agreement and shall only do so once the approval is received by the Client through the 123-reg CRM platform. The Client's access to the website will be limited to views through the Client control panel for safeguarding purposes.
3.7 The website design is specific to each package purchased. The Client will only be entitled to request the number of major page updates permitted under the specific package per year. For the avoidance of doubt "major" includes any requests that involve up to 2 hours or more of work and "minor" shall include alteration to the background colour, the text colour, the font size, grammatical errors, rearranging the sentences or change in contact details. More than five (5) minor changes per month shall amount to a "major" page update and associated fees under Clause 3.9 shall apply.
3.8 123-reg will only provide up to 20 images per website.
3.9 In the event that the Client requires any additional changes in the same contractual year, they will be required to pay £40 + VAT @ 20% per hour for any extra work.
3.10 123-reg will only transfer all of the physical control of the website (during the term of the initial agreement) to the Client, if the Client makes a written request for 123-reg to release their duty and control of website.
3.11 At the point of the Client requesting full control and access to the website, 123-reg will not nor will they endeavour to maintain, control or fix the website without receiving a request through the 123-reg CRM ticket platform. If the Client makes the request at Clause 3.10 above at any time during the initial agreement term, the Client's obligation to pay 123-reg for the services of maintaining and control the website are not and will not be relinquished under the agreement. The Client accepts that the services provided by 123-reg after they release their physical control of the website, shall be limited to ensuring that the platform that the site is hosted upon is fully functioning and that the site is available to be viewed. Thereafter, Clause 3.9 and 3.11 take effect.
3.12 The Client accepts that at all material times during the initial term of the agreement, they are obliged to pay any outstanding service fees to 123-reg, irrespective of whether the Client takes full control of the website.
3.13 123-reg shall not accept any liability for any actions, work, errors, and technical errors or otherwise made by the Client, its agents, third parties or otherwise, on or to the website, once full control and access of the website has been transferred to the Client at their formal request.
3.14 In the event that the Client requires the assistance of 123-reg to maintain/amend, correct the error of the Client or their third party changes to the website, the Client accepts that additional work above and beyond that granted under Clause 3.7 is subjected to incur a fee of £40 + VAT @ 20% per hour for any extra work.
4.1 The Client may opt to upgrade their service to a larger package at any time by making a request through the Client control panel.
4.2 If the Client upgrades their service package, they are required to pay any additional fees for the larger package.
4.3 The Client is not permitted to downgrade the service package at any time.
5.1 The Client will be entitled to receive one domain with the package and has the sole responsibility to ensure that the domain name continues to be registered and hosted with 123-reg.
5.2 The Client shall ensure that the domain name is registered to the same account holder as the registered owner of the 'Make me a Website' package.
5.3 The Client is required to renew the domain before it is due to expire.
5.4 If the Client fails to renew the domain name, they shall be granted 5 calendar days to make a payment before the domain name and website is suspended.
5.5 The Client may at their sole discretion elect to transfer the domain name to another service provider by providing 123-reg with 5 day's written notice. However, as Make me a Website relies on the domain being in the 123-reg system a failure to replace the domain will result in the service being automatically suspended. Please refer to Clause 6 for further details.
5.6 The domain name registered to the website is separate in its entirety and will follow the domain procedure set by 123-reg domain registration, renewal and refund agreement.
6.1 The Services shall be charged in accordance with the fees set by 123-reg as set out in the Order Confirmation for each individual package. These may be varied from time to time and published on the 123-reg website.
6.2 Clients may opt to elect a monthly or yearly payment for the Services purchased.
6.3 Clients only have the option to upgrade their monthly billing plan to a yearly billing period. The Client may not downgrade from a yearly billing period to a monthly billing period.
6.4 Clients are required to pay the set-up fee upon purchase of the Service. The set-up fee is subject to the individual package purchased.
6.5 Clients who purchase the 'Make me a Website' package acknowledge that payment is made directly to 123-reg.
6.6 The Client is required to pay all fees within 7 days from the date of the invoice.
6.7 The Client accepts that the Fees for the Agreement are subject to a monthly rolling contract after the initial term.
6.8 For the full details on Fees, please see the 123-reg general terms and conditions.
7.1 The Service is subject to a minimum term of 12 months.
7.2 The Client is required to provide 123-reg with a minimum of 30 days written notice in the event that they wish to cancel the service but the Client accepts that any cancellation notice served before the minimum term and during the initial agreement period is subject to pay any outstanding fees for the remainder of the service agreement.
7.3 At the end of the service agreement term, the website remains active and automatically renews on a monthly basis, unless the Client expressly provides 123-reg with 30 days advance notice.
7.4 The Client must contact the 123-reg sales team on 0333 014 4550 if they wish to make a request to terminate the service.
7.5 123-reg reserves the right to terminate the service and suspend the website if:-
7.6 For full details on terminating the Service, please refer to the 123-reg general terms and conditions.
8.1 123-reg warrants that it will provide telephone support services during business office hours only which are 9am-5pm weekdays (excluding bank holidays).
9.1 123-reg acknowledges that the legal owner of the website is the Client, however, 123-reg shall have the full power and control over the website during the initial term of the agreement.
9.2 All images, format, text or otherwise used by 123-reg are licenced for the sole purpose of the website and are created for the client under this agreement.
9.3 All images used by 123-reg belong solely to 123-reg and cannot be used for any other purpose. In the event that the Client terminates the agreement, the Client will not be entitled to use the images provided by 123-reg on the website for any other purpose.
9.4 The content, if supplied by the Client shall belong to the Client and may be used by the Client in the event of the Client terminating the agreement.
10.1 The Client accepts that 123-reg shall assume that any material (images, text, graphic designs, trademark) or otherwise provided by the Client to 123-reg has been authorised, permitted or licenced to the Client for use by the Client, or that the Client has the lawful permission of the Owner and is free from any direct, indirect or prejudice material, communication, publication or otherwise.
10.2 The Client shall indemnify and protect 123-reg from any liability, to the extent of covering any legal fees, any legal action and costs for the use of publishing, editing or otherwise, any material provided by the Client to 123-reg.
10.3 The Client acknowledges and understands that 123-reg will not screen all material that it receives from the Client. However, upon notification of a potential infringement, 123-reg has the right to refuse to use the material in question or remove it from the Client's site.
10.4 123-reg reserves the right to remove the website and domain in its entirety if they have reason to believe that the website is operating illegally.
10.5 123-reg will not be liable or accountable to the Client for any costs incurred, loss of earnings or compensation claims sought by the Client, if the Client fails to adhere to the time scale permitted under Clause 3.5 above.
10.6 123-reg shall provide to the Client the ETA for commencing work on the website; however, 123-reg may not be able to provide the Client with the exact date for completion due to the nature of the project.
10.7 The Client accepts that 123-reg will not be held liable for any failure to carry out the proposed services for reasons beyond 123-reg's control, including but not limited to acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of 123-reg or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
10.8 123-reg shall apply all the laws used in England and Wales, but do not accept any liability for the contents if they infringe any other state/country laws. The terms are governed by the laws of England and Wales.
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