Terms and conditions of use
Section 1 – Introduction
- These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Cre8ive Marketing Limited, the owner, and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
- In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Cre8ive Marketing Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Cre8ive Marketing Limited and accessing the Website in connection with the provision of such services.
- You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Section 2 – Intellectual property and acceptable use
- All Content included on the Website, unless uploaded by Users, is the property of Cre8ive Marketing Limited, our affiliates or other relevant third parties.
- In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.
- By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
- You may, for your own personal, non-commercial use only, do the following:
- Retrieve, display and view the Content on a computer screen
- print one copy of the Content
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without a relevant website subscription or the written permission of Cre8ive Marketing Limited.
Section 3 – Prohibited use
You may not use the Website for any of the following purposes:
- In any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Section 4 – Registration
- You must ensure that the details provided by you on registration or at any time are correct and complete.
- You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
- You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Section 5 – Links to other websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Cre8ive Marketing Limited or that of our affiliates.
- We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Section 6 – Contract term, termination & tariff changes
- The contract shall have a term of at least one month and can be terminated at any time to the end of the term without notice; otherwise, the contract shall be extended by another month or by the term selected. The contract must be terminated in written form or via the termination feature on the website.
- The customer can switch to a higher tariff (“upgrade”) at any time. The monthly fee that has already been paid will then be credited to the customer’s account or offset against the new tariff.
- The customer may only choose a lower tariff (“downgrade”) after the term of the contract has expired. Data and services that are only available in a superior tariff shall be deleted automatically after expiration of the term of contract.
- The right to extraordinary termination shall remain unaffected. An extraordinary termination is justified, in particular, if the customer fails to fulfil his monthly payment obligation within the stipulated time in spite of explicit reminders, or if the client violates any obligations under these T&C.
Section 7 – Due date & invoicing
- Fees are due in advance at the beginning of the subscription term. The customer shall receive an invoice including all necessary data via e-mail as a PDF file.
- The credit card account will be charged or the due amount will be collected upon conclusion of the order. The customer is obliged to ensure that his payment details are correct and that he has sufficient funds in the bank account / credit card account he indicated.
- Any fees resulting from failed return debit notes have to be borne by the customer unless Cre8ive Marketing Ltd are responsible for them.
- If the credit card payment has been agreed upon, all invoices must be paid to Cre8ive Marketing Limited to the account indicated within a maximum of 10 days after invoicing. After expiry of this deadline, the order will be cancelled.
- If paying by bank transfer the order will be completed once cleared funds have been received.
- If the customer is in default of payment after he received a reminder, Cre8ive Marketing Limited is entitled to block the customer from accessing their services and to no longer make their service available to the customer until the payment has been made. Moreover, in case of default of payment, Cre8ive Marketing is entitled to block any access and to immediately cease providing the services to the contractual partner.
Section 8 – Access authorization
- In order to use the content and services offered by Cre8ive Marketing Limited on www.cre8ive-marketing.co.uk for which registration is mandatory, the customer has to register by applying for an access account.
- Cre8ive Marketing Limited is entitled to use appropriate measures to check whether the information provided by the applicant is correct.
- Access authorizations that have been granted cannot be transferred to other persons.
- The customer is responsible for keeping his user name and password confidential. Furthermore, the customer has to bear any costs that arise if third parties use his user identification. It is also the customer’s duty to keep his personal password and his user identification safe from third-party access, from abuse and/or loss.
- The customer shall indemnify Cre8ive Marketing Limited from any costs and claims by third parties that may arise if the customer violates the aforementioned obligations.
Section 10 – Availability of the Website and disclaimers
- Cre8ive Marketing Limited guarantees that the Internet web server will be available 95 % on average per year.
- Moreover, Cre8ive Marketing Limited reserves the right to temporary limitations of the services under this contract, in connection with capacity limits, within the scope of maintenance or security-related measures. In case of power outages, Internet breakdowns or server breakdowns which are beyond the control of Cre8ive Marketing Limited, Cre8ive Marketing Limited shall not assume any liability for the correct functioning of telephone lines to the server defined in this contract.
- If the customer has been unable to access the services defined in this contract for more than 48 hours in a row, Cre8ive Marketing Limited shall grant him a price reduction of 20 percent on the monthly fee in the next invoice. This price reduction for the following month must be requested by the customer, will be reviewed by Cre8ive Marketing Limited and granted if justified.
- Cre8ive Marketing Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available.
- These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Section 11 – Limitation of liability
- Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
- To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
- To the maximum extent permitted by law, Cre8ive Marketing Limited accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
Section 12 – General
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Section 13 – Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Cre8ive Marketing Limited details
Cre8ive Marketing Limited is a company incorporated in England and Wales with registered number 10953603 whose registered address is 8, Westwater Crescent, Peterborough, Cambridgeshire, PE7 8LT and it operates the Website www.cre8ive-marketing.co.uk.
You can contact Cre8ive Marketing Limited by email on email@example.com.
Updated September 2017