By completing the registration process and clicking on "I agree", You agree to be bound by all the Terms and Conditions of this Agreement and to the use of Your personal information in the manner set out in our Privacy Policy which is incorporated into this Agreement.
Please read these Terms and Conditions before You proceed: We suggest that You print them out for future reference. They set out the terms on which Assertis Limited will provide to You the OnlineBizBuilder Service ("the Service"), and set out certain obligations imposed on You.
- General
The Site is directed exclusively at businesses, whether in the United Kingdom or elsewhere.
You agree that all purchases made by You through the Site are and will be made for purposes integral to Your business and are or will be within the scope of Your authority to conclude contracts on behalf of Your business.
- Commencement
This Agreement commences on the Commencement Date and shall continue indefinitely, or until either You or We give notice of cancellation.
- The Site
We will use reasonable efforts to make the Site available to You and exercise reasonable care in compiling the Site.
We will not be liable for any omissions, errors or exceptions contained within the Site.
We reserve the right at any time without notice to revise the content of the Site (including the services offered by Us).
Certain links in the Site will take You outside the Site. Links are provided for Your convenience and inclusion of any link does not imply endorsement or approval by Us of the linked Site, its operator or its content. We are not responsible for the content of any Site outside the Site.
- The Trial Period
We provide the Software to You on a trial basis free for 30 days.
You are not under any obligation to purchase the Service at the end of the Trial Period.
The Trial Period is deemed to end when You agree to purchase Your Website, or You cancel.
If You do not wish to buy Your Website within 30 days of the start of the Trial Period, We may delete any work or content that you have created, without warning.
- The Service
During the Term and provided that You supply Us with the information We request when We request it in relation to each element of the Service, then We will:
- use all reasonable efforts to provide the Service to You with reasonable skill and care;
- use any personal information You give to Us in accordance with the terms of our Privacy Policy.
We will provide You with a Website, which You may build and maintain within the parameters of the Software, which is hosted by Us on our servers. The Website will meet the requirements of the option You have chosen.
You may at any time during the term of this Agreement upgrade or downgrade the level of service that You receive. If You downgrade, You may lose some content or images that You have entered. If You upgrade, Your existing service will be immediately replaced by the upgraded service and Your payment amounts will change accordingly.
- Publishing Your Website
You may use the Software on the Site to publish Your Website, providing that Your Website does not:
- include material that is defamatory, unlawful, objectionable, obscene or in breach of confidence or privacy;
- include any material of an explicitly adult nature or which involves gambling (including lotteries and raffles);
- include material protected by intellectual property laws or any other laws unless You own those rights or have received all necessary consents;
- act in any manner contrary to applicable law or regulation.
Your Website will be located at the domain name chosen by You (whether obtained through Us, or transferred by You to our servers), or through Your unique www.onlinebizbuilder.com/username (which will act as Your domain name until a domain name is registered for You and the necessary details provided to Us).
- TimeSaver
At Your request, We may use the Service to construct Your Website for You; this is called TimeSaver.
We will undertake to complete the TimeSaver process in a reasonable time and to notify You when it is complete. You must provide to Us all necessary images, content and direction as to Your requirements before the TimeSaver process is begun. This is not a bespoke Website service and the TimeSaver will only result in a Website which it is possible to create using the Software.
The TimeSaver process applies only to initial building of Your Website by Us. Once it is complete it is Your responsibility to maintain and update Your Website.
- Search engine optimisation
If You buy from Us the Search Engine optimisation Service We will assist You in optimising Your Website for UK search engines.
Please note that this is an optimisation service only. Optimisation of information does not guarantee an improved position on search engines.
- Domain name registration and transfer
- Registering a new domain name
You may use the system to apply for and obtain a domain name of Your choice, providing it is available. This service is provided by a third party and not by Us. In order for Your Website to be hosted at the domain name You have chosen, You must transfer the domain name to our server, following our instructions, or purchase it using our domain name purchasing service.
- Transferring a domain name
Where You already own a domain name You will not be able to host Your Website on it until You have asked for it to be transferred to our server and that process is complete.
- Temporary domain name
Prior to Your registration or transfer of a domain name taking effect, We will host Your Website at a subdomain on our server in the format www.onlinebizbuilder.co.uk/username. Your Website will continue to be available via this url even when You have registered or transferred a domain name, until this Agreement is cancelled.
- Effect upon domain names of cancellation of this Agreement
If You cancel this Agreement, or We end it for any reason, then You will continue to be responsible for Your domain names. You may transfer them to another ISP if You require, but We shall have no responsibility for this process.
- Renewal of Your domain name
You are responsible for the renewal of Your domain name(s).
- Your Obligations
You warrant that You are (or are authorised by) the owner of any trade mark or name You wish to use in Your domain name.
- Support Services
We will provide a technical support and customer information help desk 8am to 6pm Monday to Friday (except UK Public Holidays).
- Limitations
- We do not represent or warrant that access to the Site, or any part of it, will be uninterrupted, reliable or fault free.
- We do not represent or warrant to You that any information on the Site will be accurate, complete or reliable.
- We are not responsible for, and make no representations in relation to, Services offered by third parties through the Site.
- To the extent permitted by law, We exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which We may otherwise have to You as a result of:
- any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the Site or any information on the Site;
- the unavailability of the Site, or any part of it;
- any delay in providing, or failure to provide or make available, Services or any negligent provision of Services;
- any misrepresentation on or relating to the Site (other than a fraudulent misrepresentation made by Us or on our behalf).
- We do not accept liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
- Your obligations
- Charges
- You will make payments to Us in advance annually or monthly for the Service You have chosen;
- You will make payment to Us in arrears, within 30 days, for any TimeSaver service that You have requested
- You will pay Us the applicable fee if You wish to transfer the administration of Your domain name (to Yourself or a third party);
- We reserve the right to charge You interest in respect of late payment of any sums due under this Agreement at a rate of one and one-half percent (1.5%) per month above the base rate of National Westminster Bank plc from the due date until payment has been received. You will also be liable for any fees incurred by Us in collecting unpaid sums.
- We reserve the right to suspend or cancel any service provided by Us in the event that You fail to meet Your obligations to pay Us within a certain time.
- Security and information
- You shall provide Us with accurate and current information during the sign-up process. You shall immediately notify Us of changes to this information or if You believe that an unauthorised person knows or has access to Your password.
- You shall take responsibility for the security and proper use of user names and passwords used in connection with the Service and take all necessary steps to ensure that they are kept confidential and secure and are not disclosed to any unauthorised persons.
- Your use of the Service
- You represent and warrant to Us that You will use the Service only in connection with, and in the ordinary course of, the needs of Your Business and not as a consumer.
- You shall comply with all laws, regulations and licences applicable to You.
- You shall not:
- take any action that may result in impairment to the Service or render the Service less functional or effective;
- re-sell the Service;
- use the Service to:
- transmit, store or knowingly or recklessly receive a computer virus and You shall check regularly for viruses;
- publish any Content which is illegal or unlawful including, without limitation, Content which is defamatory or in breach of any rights of any person, including copyrights, trademarks, and rights of confidence or privacy, or any Content which We believe is offensive, pornographic, abusive, obscene or menacing or may cause inconvenience to others;
- do anything which is contrary to the acceptable use policies of other networks and generally accepted internet standards and rules;
- process personal information in contravention of the Data Protection Act 1998.
- use a user name or domain name that infringes upon the rights of any other person in statute, common law or in a copyright, trademark or name or otherwise in using the Service infringe the intellectual property rights of a third person;
- permit any third party to do any of the above.
- You shall take personal responsibility and accept liability for use of the Service in breach of this Agreement by any person You allow to use the Service or who We reasonably consider to be using the Service with Your authority.
- You may not assign or transfer any of Your rights or obligations under this Agreement without our written consent.
- Assistance
You shall give Us all reasonable assistance and such documentation as We may, without limitation, require, in connection with any proceedings brought against Us, and, without limitation to the generality of the foregoing, agree to be joined as plaintiff or defendant in any proceedings at our request.
- Indemnity
You shall indemnify Us for all and any losses, claims, proceedings, damages, costs, charges, expenses and other liabilities ("claims") which We may sustain or incur or which may be brought or established against Us by any person arising out of or in connection with (a) Your use of the Service; or (b) Your provision of Content as part of the Service or (c) the use of any person You allow to use the Service or who We reasonably consider to be using the Service with Your authority (whether or not such use is expressly prohibited by this Agreement); or (d) any breach by You of this Agreement, including, without limitation, any claims arising from a claim of infringement of any intellectual property rights of any third party.
- Our rights
- We reserve the right (but do not assume the obligation) to monitor Your use of the Service and may remove or modify any Content if, in our opinion, the terms of this contract have been breached. We do not endorse the Content of Your Website irrespective of whether We have monitored it.
- We reserve the right to require You to change Your username or password or to suspend Your access to Your username or password if We consider that there is the possibility of a breach of security or an infringement of a third person's intellectual property rights or We consider that Your user name is defamatory or offensive.
- Cancellation
- You may cancel this Agreement immediately on notice to Us.
- In addition to the right of termination in clause 12.1, We may terminate or suspend the Service and/or this Agreement by immediate notice if:
- You breach any term of this Agreement; or
- You use the Service in a manner which We reasonably believe is illegal, offensive or is an abusive use of the Service, or is otherwise contrary to this Agreement; or
- You either (i) become insolvent; (ii) become bankrupt; (iii) have a winding-up order made against You; (iv) pass a resolution for Your winding-up; or (v) have a receiver appointed.
- In situations where You are not satisfied with the service, refunds will only be given at our discretion.
- On cancellation:
- Your right to use the Software and the Service shall cease immediately;
- We may delete from our servers Your Website. It is Your responsibility to maintain a copy of any Content provided by You to the Service.
- Suspension or alteration of Service
- We may at any time, without explanation, immediately suspend part or in an emergency all of the Service for the purposes of maintaining or upgrading the Service.
- We may at any time, without explanation, change the services comprising the Service if this is needed to comply with any applicable safety licence or regulatory obligation or other statutory requirements or where the change does not materially detract from the quality or performance of the Service.
- Intellectual property
- We hereby grant to You a non-exclusive, non-transferable licence to use the Software in object code form only on a server controlled by Us for the sole purpose of using the Service.
- All intellectual property rights We or our licensors hold in the Software and any material, accompanying documentation or Content We provide to You for the purpose of using the Service or in connection with the Service will remain our property or that of our licensors.
- Other than as permitted by section 50B of the Copyright Designs and Patents Act 1988, You shall not:
- Modify, adapt, translate, reverse engineer or disassemble the Software or any material, accompanying documentation or content provided to You; or
- Copy, publish, re-transmit or distribute or otherwise reproduce the Software or any material, accompanying documentation or content provided to You; or
- Alter or remove any trade or identification mark on the Software or any material, accompanying documentation or content provided to You.
- Copyright
All rights in the design, text, graphics and other material on the Site and the selection or arrangement thereof are the copyright of Us or other third parties. Permission is granted to electronically copy and print in hard copy Your Website, or any part of it, but no other part of the Site.
- Changes to the Site, the Services and the Terms and Conditions of this Agreement
- By submitting Your personal information to Us You consent to our use of that personal information as set out in the Privacy Policy.
- If We change our use of Your personal information We will post the changes on our Website, so that You may be aware of the personal information We collect and how We use it at all times.
- We will e-mail You should We make any changes so that You may withdraw Your consent to our use of Your personal information in that way.
- Continued use of the Service will signify that You agree to any such changes in our use of Your personal information.
We may at any time change the terms and conditions of this Agreement on 30 days notice to You. Continued use of the Service will signify that You agree to any such changes.
- Governing law
These terms and conditions shall be governed and construed in accordance with English Law and any disputes arising in relation thereto shall fall within the exclusive jurisdiction of the English courts.