These terms and conditions (the “Terms & Conditions”) govern the relationship between us Drive By Websites Limited (registered in England) Registered Number: 7942363. Registered Office: 14 Bear Lane, Pinchbeck, Spalding, Lincolnshire, PE11 3XA and you in respect of the subject matter of these Terms & Conditions.
1.1 In these Terms & Conditions the following words shall have the following meanings unless otherwise expressly stated:
- “Sub-Site” means your trade name;
- “Drive By Website account” means the account created by us for you, which can be accessed by the username and password provided;
- “Our Email Address” means [email protected]
- “Our Website” means our website with its homepage at www.drivebywebsites.com;
- “Services” means the services which are only accessible from Our Website following acceptance by us of your application;
- “We” means Drive By Websites Limited (‘us’ and ‘our’ will be construed accordingly);
- “Your Email Address” means the email address which you provided or such revised email address as you have notified to us in accordance with these Terms & Conditions.
2.1 You agree to comply with these Terms & Conditions immediately after Drive By Websites has been commissioned to carry out any work on your behalf. By commissioning work, it will be assumed that these Terms & Conditions have been read and understood.
3.1 You confirm that the details which you have provided are complete and accurate. Please note that providing false information may constitute a criminal offence, and we reserve the right to initiate a criminal prosecution in such circumstances.
3.2 If your application is accepted, one drivebywebsite account will be created for use by you.
3.3 You agree to immediately inform us by sending an email to Our Email Address, of any changes to your contact details. Such email must originate from the last email address which you have registered with us.
4. User Name & Password
4.1 If you forget your user name and/or password, please send an email to Our Email Address confirming this, and new log in details will be emailed to Your Email Address.
5. The Services
5.1 You will have access to the Services from an agreed date and you will then be permitted to use the area, services and facilities shown which you will be able to access by logging into your account.
5.2 You agree that by using Our Website and the Services, you will not: copy convert; modify; distribute; or make available any links to: any of the content on, or available from, Our Website.
5.3 All access provided by us to you in respect of Our Website and Services is on a licence only basis. We do not grant you ownership of any intellectual property rights. Furthermore, we and our third parties reserve our rights in all proprietary rights and intellectual property rights in the works on and available from our Website.
– We have removed some items from our terms and conditions in 2017 that are no longer relevant –
£50 plus VAT
Prices for additional services to be quoted on application.
Prices quoted exclude VAT @ the standard rate of 20%
7.1 You will ensure that all content provided or created by you (all such content collectively being known as the “Content”):
- 7.1.1 is provided after exercising reasonable skill and care;
- 7.1.3 is provided lawfully (including without limitation, without infringing any intellectual property rights of any party);
- 7.1.4 is not: illegal; defamatory; vulgar; obscene; pornographic; racist; prejudicial (including without limitation, whether from a race, religion, sexual orientation or other perspective); derogatory; or inappropriate for children;
- 7.1.5 is not reasonably likely to bring us, Our Website or the Services into disrepute;
- 7.1.6 does not advertise nor promote any material or services which compete with the content or services provided on or via our Website or Services; and
- 7.1.7 does not contain any links or references to webpages or websites other than those on Our Website.
7.2 You will ensure that all files uploaded by you constitute original work.
7.3 We reserve the right at our sole discretion to remove any content from our Website and Services including without limitation any Content provided by you, without notice and with immediate effect. With regard to removal of any Content pursuant to this Clause, we will only remove such material if we consider it to be inappropriate (with us acting reasonably). Such removal will not result in any compensation payments being made to you.
7.4 We retain ownership of all images, artwork and other works provided by us for use by you to create any webpages or works on Our Website.
7.5 You hereby license us without charge to use any of the Content for publicising or marketing Our Website and the Services.
7.6 All intellectual property rights (including without limitation copyright) (collectively known as “IPR”) in the webpages which you create (other than any photos or third party materials which you incorporate into such webpages) shall vest in us and you hereby assign to us with full title guarantee free from all charges, liens, licences and other encumbrances all IPR in such works (such works being referred to as the “Bespoke Materials”). Furthermore, you agree to undertake all acts necessary at your cost to ensure that the IPR in the Bespoke Materials are vested in us.
7.7 You agree to indemnify and keep us indemnified in full against all losses (including without limitation reasonable legal fees), incurred or suffered by us resulting directly or indirectly from any claim that the operation, possession, or use of the Content (in whole or in part) infringes the intellectual property rights of a third party.
8. Limitation of Liability
8.1 Nothing in these Terms & Conditions shall restrict or exclude our liability for death or personal injury resulting from our negligence. Nothing in these Terms & Conditions shall restrict or exclude our liability for fraud. We also do not exclude or limit any liability which may not be lawfully excluded or limited.
8.2 We shall not be liable to you for consequential, special, incidental or indirect losses, or the following losses whether direct, consequential, special, incidental or indirect losses: loss of profits; loss of revenue; loss of business or contracts; loss of anticipated savings or goodwill; loss of data; (or any losses arising from a claim by a third party for any of the above losses) whether arising under contract, tort (including without limitation, negligence), or otherwise.
8.3 Subject to Clause 8.1 and 8.2, our aggregate liability for all claims arising under or in connection with these Terms & Conditions (whether arising under contract, tort (including without limitation negligence) or otherwise) shall be limited to paying you the charges which are shown on Our Website (subject to our ability to correct any mistakes) as payable by us to you in accordance with these Terms and Conditions.
8.4 Our fees have been calculated on the basis that we will exclude and limit our liability as set out in these Terms & Conditions, and you agree that such limitations and exclusions of liability are therefore reasonable.
9.1 Either party may immediately terminate your Drive By Websites account at any time, either by you sending us an email or by us sending an email to Your Email Address. Termination of your Drive By Websites account will prevent you using the Services. Termination of your account will be without prejudice to each party’s additional rights and remedies.
9.2 Following termination of your Drive By Websites account, we will prevent you accessing your Drive By Websites account, and we will remove your Content from Our Website, but we may continue to use that part of the Content as referred to in these Terms and Conditions for ongoing marketing and publicity purposes in accordance with these Terms and Conditions.
9.3 Other than in respect of where prohibited by law, we do not accept any liability for any claims not notified to us within 30 days of the cause of the claim arising.
9.4 Termination of your Drive By Websites account or our contract with you, is without prejudice to each party’s rights and remedies. Furthermore, those provisions of the Terms and Conditions which are expressed or intended to continue beyond termination of your Drive By Websites account or our contract with you, will continue to apply (this includes without limitation, Clause 9).
10. Contracts (Rights of Third Parties) Act 1999
10.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms & Conditions are not intending to, and do not, give any person who is not a party to it any right to enforce any of its provisions.
11.1 If at any time any part of these Terms & Conditions or a Clause in these Terms & Conditions becomes void or unenforceable under any applicable law it shall be deemed to be deleted from these Terms & Conditions and the remaining provisions of these Terms & Conditions shall continue unaffected.
12.1 You may not assign, delegate, sub-contract, transfer or otherwise dispose of any of your rights or responsibilities under these Terms & Conditions. 12.2 We may assign any or all of our rights and obligations by notice in writing to you.
13.1 We may from time to time change these terms and conditions, and we will advise you of such changes by email and/or on Our Website. Your continued use of Our Website and Services will confirm your acceptance of such changes. If the changes to the Terms and Conditions materially and adversely affect your rights or the Services, then you may terminate your account in accordance with Clause 10.1.
14. Events Beyond Our Control
14.1 We will not be liable for any issues, events, delays or non-performance of our obligations, to the extent that such issues are caused by events beyond our reasonable control. 14.2 Our Website is hosted by a third party company and therefore there may be times when Our Website and the Services are inaccessible due to outages and maintenance. However, we do not envisage that such unavailability would last for prolonged periods of time such that it materially affects your access to Our Website and the Services. However, you must acknowledge that we are unable to offer any guaranteed availability times in relation to Our Website and the Services. If you do have any continued problems in relation to access, please send an email to Our Email Address and our customer service team will look into them.
15. Entire Agreement
15.1 These Terms & Conditions contain the entire agreement between the parties with respect to the subject matter of these Terms and Conditions (the “Subject Matter”) and supersede all other written and oral communications between the parties relating to the Subject Matter. The express terms, conditions and warranties in these Terms and Conditions are in lieu of all warranties, conditions, terms, representations, statements, undertakings and obligations whether express or implied by statute, common law, custom, usage or otherwise all of which are hereby excluded to the fullest extent permitted by law. The parties hereby confirm that they have not relied upon any representations, communications or other matters which have not been expressly stated in these Terms and Conditions. Notwithstanding any provision to the contrary, nothing in these Terms and Conditions limits or excludes either party’s liability for fraudulent misrepresentations.
16.1 You agree to provide all communications and notices in relation to these Terms & Conditions by sending us an email from Your Email Address to us at Our Email Address, or alternatively in writing to us, marked for the attention of the “Customer Services Manager” at 14 Bear Lane, Pinchbeck, Spalding, Lincolnshire, PE11 3XA.
17.1 In the event of any dispute or issue, we may at our sole discretion immediately upon notice, suspend your account, your access to the Services and Our Website, pending resolution of the dispute or issue. During such suspension, we will not be required to make any payments to you pursuant to these Terms and Conditions.
17.2 We confirm that we will act reasonably in invoking any suspension pursuant to Clause 17.1.
17.3 Both parties agree to act reasonably in attempting to resolve any dispute or issue which arises pursuant to the Terms and Conditions.
18. Law and Jurisdiction
18.1 These Terms & Conditions and any dispute or claim arising in connection with them shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts to which you irrevocably submit.