Terms of Service

Last modified: 6 November 2019

It’s important to us that we meet you expectations and are very clear in our terms of service from the start and for the future. 

The following Terms of Service (“Terms or TOS”) provide details of your legal rights and responsibilities when accessing and using our websites, content and services associated with the domains of www.boostdigitalgroup.co.uk (collectively the “Services”) provided by Boost Digital (“Boost Digital Group,” “us,”, “our” ). Boost Digital is the trade name of Boost Digital Group Limited. 

By using and/or purchasing one or more Services from Boost Digital, you declare that you have read, understood and agree, without modification, to be bound by this TOS throughout the entire contract term or monthly rolling contract term.  If you’re using the Services for an organization, you’re agreeing to this TOS on behalf of that organisation, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement. You agree that we may automatically upgrade our Services and the Terms of Service at any time without notice.

Please read these Terms carefully before accessing or using our Services and contact us if you have any questions. By accessing or using any part of our Services, you agree to become bound by these Terms. If you don’t agree to all the terms in this TOS, you may not use or access our Services. The latest version of our TOS is always available here on the Boost Digital website.

Personal Data

In order to purchase and use our Services you will be required to provide personal data. The information on the personal data we collect and how we process it, is detailed in our Privacy Policy and foms an important part of these Terms of Service. 

Services

Services refer to all services provided by Boost Digital under these TOS including, without limitation, any of our website design and build services, photography, hosting services, website migration services, domain name registration services, logo design, marketing services, technical and content support services, email provision services, third-party products and any other services which we provide.

The Services will be provided to you as configured for our standard customer. We might modify, update or upgrade the Services and/or add, remove or modify any software, functionality or configuration installed on or used by the Services at any time with or without prior notice. We will not be obliged to modify the Services to accommodate your use. To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Services will be provided on “as-is basis”. 

The third-party plugins/software we offer as part of the Services will be provided as-is and will be subject to availability and all warranty disclaimers and limitations of liability set out herein

Design

We build WordPress websites using premium plugins that provide fully customisable themes and a drag and drop page builder, which are optimised for performance. We may use wireframes and/or static visual images to provide a look and feel in terms of colour, structure and font style. This is part of our design process. 

You will be able to review our design work and provide feedback throughout the design process and if at any stage, you’re not happy with the direction our work is taking, you’ll pay us for the total amount of work we have completed to date charged at our hourly rate. The contract will then be cancelled.

Content

When you upload content in the form of document and image attachments and text content, to any website designed and/or hosted by Boost Digital,  you will continue to be the owner of that content. 

We are not responsible for writing any new text content for your website. If the contract agreement includes support for content updates, then you will provide the content to us in the correct format that is required for your website. We are not responsible for the content, spelling, punctuation or grammar. Any photo’s you provide for your website need to be a high resolution digital format. Graphic files need to be in an editable, vector digital format.

You’re responsible for all content you and your users upload to any website designed and/or hosted by us. By using our Services, you confirm that you are legally allowed to use the content and will not do anything deemed illegal with the content and services. Also keep in mind that what you upload may be publicly viewable. 

Any content that you provide, you give us permission to use it in ways necessary to provide, improve, promote and protect our services. For example, when uploading a photo, you give us the right to save it and display it on your site at your direction. We also may promote or feature your site, but you can opt out if you don’t want us to do that.

Copyright

You guarantee that all text and imagery you provide are either owned by you, or you have permission to use them. We reserve the right to place a line at the bottom of your site establishing us as the web site designers and hosters as applicable. We also reserve the right to add to our website, a description and imagery about your website project, and link to your website from ours. 

Third party services

If you link to, use or connect to another service from any website designed and/or hosted by Boost Digital, we’re not responsible for other services,  your connection to and/or with that service or third party. 

Browser testing

We ensure that the experience of our website designs are responsive within the desktop browser and on devices with different screen sizes, such as laptops, tables and smartphones. 

30 day warranty

For thirty days after your site has gone live we’ll carry out any revisions and fixes free of charge, as long as they are within scope of the original requirements and agreement. After those thirty days, additional amends will be charged at our hourly rate, or will form part of the contract terms agreed for support content updates.  

Fees and payments

You are responsible for the payment of fees as set out in the contract terms, which may be paid monthly or for a full 12 month period.  Invoices will be sent in advance and all fees must be paid to Boost Digital within 30 days of the invoice date. 

Boost Digital reserve the right to charge interest at 5% on late payments. Late payments beyond 60 days will result in a stop of service and removal of website or websites from the Internet (without incurring any liability to you the client) and suspension of any outstanding obligations under the contract until the outstanding balance has been paid in full.

Boost Digital reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply to you as of your next invoice, purchase or renewal, which may be at the end of a 12 months contract, or the next monthly payment.  

By accepting these TOS, you hereby authorise Boosdt Digital to send you invoices electronically at the email address you provided. 

If you believe there is an error on your invoice, you must immediately contact us by emailing [email protected]. We each agree to work together in good faith to resolve any billing disputes.

 

Domains

We work with third party registrars to provide you with domain services. When you register, renew or transfer an existing domain name; or we register, renew or transfer a domain name on your behalf, you are bound by the relevant registrar’s terms and conditions and are responsible for payment of purchase, renewal and transfer fees.

For renewals, we will try to provide you notice thirty (30) days before and five (5) days before your scheduled domain renewal date. However, you agree that renewing your domain is solely your responsibility, unless otherwise agreed within the contract between your and Boost Digital.

Hosting

Website hosting services are on the basis of a minimum 12 months contract or on a rolling monthly contract as detailed in your agreed contract terms with Boost Digital.

For 12 months contracts,  at the end of this period you can renew your contract or move to a rolling monthly contract for services provided by Boost Digital. Following the initial 12 months contract, hosting may be cancelled with no less than one month’s notice being given.  For rolling monthly contracts, hosting may be cancelled with no less than one month’s notice being given.

For existing websites transferred to Boost Digital’s hosting services, a rolling monthly contract will be applicable, unless alternative contract terms have been agreed. Hosting may be cancelled with no less than one month’s notice being given.

Technical support

We provide free technical support for issues related to the functioning and functionality of any Services purchased and provided by us. Our technical support is available for all customers and is provided on an as-is available basis.

Free technical support does not include new content, content updates, re-design and re-structures of your website(s). This is classified as Website Content Support and is a chargeable service that forms part of your contractual terms with Boost Digital, or can be requested as an ad-hoc chargeable service at our standard hourly rate.

Free Technical Support and Content Support are to be requested through your Customer Support Centre, accessible from the top of the Boost Digital website. Technical Support will be provided by phone, chat and/or ticket and we aim to deliver technical support in a fast and efficient manner.  Normal response times are within 24 hours but can be longer during busy periods. 

If you request technical support, you agree that we may have full access to your Services and/or Content. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform in order to address your technical support issue may affect the functionality of your website and/or Services. It is your responsibility to ensure that your website is operational to your needs once we complete work on your request.

If your request for technical support exceeds that of similarly situated customers or is outside the scope of our free technical support, we reserve the right to deny service related to such request.

To the maximum extent applicable under national law and without affecting your rights as a Consumer, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in these TOS. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right not to process your technical support request(s), if: (i) you violate these TOS; (ii) you are abusive towards our employees; (iii) the need for Technical Support Services is due to any modification or attempted modification of the Services made by you or any third party outside of Boost Digital’s control, or your failure or refusal to implement changes recommended by Boost Digital. We may refuse to perform any request that requires changes not compatible with the Services or not related to them or that might create a security risk or deteriorate their performance.

If you request technical support for issues outside the scope of our free technical support services, we may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for technical support. Fees for additional technical support must be paid in advance.

Website transfers

A minimum transfer fee will be charged for your websites transfered to Boost Digital’s hosting services. 

For websites on a monthly rolling contract, sites may be transferred to another hosting provider with no less than one month’s notice being given. Boost Digital will provide full website files and database files following the one month’s notice and the standard administration fee will be charged. 

Websites hosted by Boost Digital on a 12 month contract, may not be transferred elsewhere until the end of the contract period, plus one month’s notice being given. The standard administration fee will be charged. 

Use of services - customer responsbility

You acknowledge and agree that your use of the Service(s) and any Content uploaded, stored, published and displayed on or through the Service(s) are in compliance with these TOS and all applicable laws.

You may not upload, store, publish and display on or through our Service(s) any personal data, private or any other personally identifying information, images, videos of minors or any third party, without the consent of said party (or a parent’s consent in the case of a minor). If you use the Services to upload, store, publish, display or otherwise disclose such information, you acknowledge and agree that you have obtained the prior consent of the said parties.

You shall not use our Service(s) for hosting websites for high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. Examples of high risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc. 

You are responsible to provide accurate and complete information about you and your organization (if you purchase on behalf of an organization) and promptly update all provided information. We shall not be liable for any errors or damages caused by any failure from your side to provide complete and accurate information.

You are responsible for all your activity related to the use of our Service(s) and the activity of any user who has access to your Customer Account and the Services.

When using the Services, you will ensure that neither you nor any of your End Users make use of the Server resources to Boost Digitals’s detriment or that of other  Boost Digital customers.

You shall indemnify, defend and hold harmless Boost Digital, and its respective officers, directors, shareholders, employees, agents and representatives against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise directly or indirectly from your or your End Users’ acts or omissions.

You must obtain all equipment necessary to access and use our Service(s). It is your responsibility to use equipment, software or applications which are compatible with our Service(s). 

You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or any content, materials which are used by you on, or transmitted through the Services.

If you link to and use any third-party software on the Services, you warrant to Boost Digital that you are duly licensed to use the software, and that the licence grants sufficient rights to Boost Digital to provide the Services. You agree to provide us with such licence(s) upon request. If you fail to provide reasonable evidence of licensing, Boost Digital, at our sole discretion, may suspend the Services and/or terminate the Agreement with immediate effect.

You shall provide to Boost Digital, at your cost, any information, resources or facilities reasonably requested by Boost Digital for the delivery of the Service(s) and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with Boost Digital to such aim.

Any instructions supplied by you to Boost Digital must be complete and accurate and clearly legible. We shall not be liable for any errors caused by any failure from your side to provide complete and accurate information. It’s your obligation to follow our instructions and to cooperate with us for the proper provision of our Services.

You acknowledge and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, or services contained on our Site, except where explicitly authorised by us.

You acknowledge and agree that any information, articles, tutorials, guidelines or technical support advice may be provided by us only for your convenience and do not constitute official statements.

Boost Digital content - intellectual property rights

Boost Digital retains ownership of all intellectual property rights related to the provisioning of the Service(s). Boost Digital grants to you a non-exclusive, non-transferable limited license to access and use the Service(s) during the Term or any Renewal Term. All trademarks, product names, services, software, script, source code, content, photos, graphics, videos on our website, logos or slogans (“Boost Digital’s content”) used by Boost Digital are owned by or licensed to Boost Digital. You acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, license, publish, broadcast, create derivative works from, or store Boost Digital’s content for purposes other than using our Services, without our express prior written consent.

Unless otherwise set out in these TOS, you own all right, title and interest to the information you place in your website(s) and Services. If you submit feedback to us concerning your idea and suggestions related to the Services, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.

You are welcome to provide us with a written or verbal testimonials of our Services in connection with your use of the Services. You acknowledge and agree that we may, at our discretion, use the testimonial to promote our Services online and in social media. Further to our use of your testimonial, you hereby agree and give your consent to Boosdt Digital to publish your name, voice or likeness, profession, website, video and/or contact information in connection with the publication of the testimonial. If you would like to withdraw your consent, please send your request to [email protected]

3rd party links

Our site and Services may contain link(s) to other websites operated by or with content provided by third parties. You understand and agree that Boost Digital has no control over any such third-party websites or their content and will have no liability arising out of or related to your use of any third-party websites or their content. Boost Digital shall not bear any responsibility for any legal documents (agreements, terms and conditions, policies and etc), content and practice of any third-party websites. The existence of any third-party links does not constitute endorsement of such websites, their content, or their operators. Boost Digtal includes these links only for your convenience.

You acknowledge and agree that third-party links on our website may contain affiliate tracking and Boost Digital may collect a share of sales or other compensation from such links.

Warranties

To the maximum extent allowed by applicable law and without affecting your rights as a Consumer, you acknowledge and agree that the Services are provided by Boost Digital as-is and you assume all risks and liabilities arising from or relating to your use of and reliance upon the Services, and that Boost Digital makes no representation or warranty with respect thereto. Boost Digital hereby expressly disclaims all representations, warranties and conditions regarding the Services, whether express or implied, including any representation or warranty in regard to quality, performance, non-infringement, commercial utility, merchantability or fitness of the services for a particular purpose. In addition, Boost Digital expressly disclaims any express or implied obligation or warranty of the Services, that could be construed to require Boost Digital to provide Services in such a manner to allow the Customer to comply with any law, regulation, rule or court order applicable to the actions or functions of the Customer. Without limiting the generality of the foregoing, we do not warrant that the Service(s) will meet any or all of your needs; will operate in all of the combinations which may be selected for use by you; or that the operation of the Service(s) will be uninterrupted, error-free or completely secure. No Boosdt Digital employee, supplier or subcontractor is authorized to make any warranty on our behalf and if they make such warranties Boost Digital shall not be bound by them.

Limitation of liability

To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold Boost Digital, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by you the Customer and of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including Boost Digital’s licensors and suppliers, faults and malfunctions of the servers, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s). You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.

Indemnity

You acknowledge and agree to indemnify, defend and hold harmless Boost Digital defend, fully compensate us, our affiliates, subsidiaries, parent and related companies, licensors and any third-party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of these TOS, our policies or documents which are incorporated herein, or any law; (iii) any breach of any of your representations, warranties or covenants contained in these TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS. For the purpose of this clause only, the term “you” as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services. The terms of this Article shall survive the termination of the Agreement.

Termination

Termination of a contract between you and Boost Digital can be requested with a minimum of one month’s notice by either party, subject to full payment of the remaining balance of the contractual terms of service. 

In the event of “Force Majeure”, either party has the right to termination of contract without penalty to either party.  Force Majeure is a legal clause that removes liability for natural and unavoidable catastrophes that interrupt the expected course of events and restricts fulfillment of obligations.

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