Terms and Conditions
Website Design, Hosting and Maintenance
By using Elixir Web Studio (“Elixir”), and/or any of our products or services (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). However ordered, you are bound to these Terms of Service.
Elixir Web Studio is a trading name of YourScope Consulting Ltd.
Elixir reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Service. You agree to use the Service at your own risk.
Any costs quoted on this site are GBP(£) and are shown exclusive of VAT (which will be added where applicable). Note: when paying for anything, we do offer equivalent payments in the following alternative currencies: USD($) and EUR (€).
- You must be 18 years old or older to use the Service
- You must be a human. Automated uses of the Service are prohibited.
- You must have the legal right to make decisions on behalf of your company, corporation, or business concerning any of their web sites and other IT resources.
You are responsible for maintaining the security of your account (if provided one) - mainly protecting your username and password.
You are responsible for all Content posted and activity that occurs under your Service. You are responsible for any changes made to your web site by third-parties acting on your behalf if any.
You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
By using the Service, Elixir has the right to place a link to Elixir web assets on your site. This typically means that we may put a small link written similar to “Site built/maintained by Elixir Web Studio” on the footer of your site near your copyright statement.
Payment, Refunds, and Account Type Terms
If you are on a Care Plan you will be billed monthly for the Care Plan Service. The Service is a subscription.
If you have purchased a Care Plan on an annual payment option, if cancelled, any whole unused months will be refunded at the time of cancellation.
For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
If you have a Care Plan, and additional updates that are required above your agreed monthly support time quota will be charged at our reduced hourly rate of £75* per hour. The usual hourly rate when not on a Care Plan is £97* per hour. Regardless of the rate, we will notify you if you are about to go over your quota before charging you for any extra hours.
Cancellation and Termination of the Service
Elixir has the right to suspend or terminate your account, and refuse any and all current or future use of the Service, or any other service, for any reason at any time.
You are solely responsible for properly cancelling your account. If you cancel the Service before the end of your currently paid-for month, your service will continue until the end of the month, and you will not be charged again. You are free to cancel your account at any time by emailing us at firstname.lastname@example.org. If you have purchased a Service that is paid annually, you will continue to be billed for the remainder of that month, and any unused whole months will be refunded to you.
If you wish to cancel a Care Plan (and therefore it's hosting) we will provide you with the following at no charge:
- A backup of your website and its databases(s)
- All relevant administration and login credentials
- Details of any premium plugins we used that are licensed to Elixir that will be de-licensed on cancellation. If you are migrating to another hosting vendor, you will then need to re-license those plugins under your own company at your own cost in order for them to continue to operate as designed and be supported by the plugin's vendor.
However, if you are migrating to another host you will still get the above, but there will also be a one-off migration fee of £200* to cover the cost of us liaising with your new vendor to ensure a smooth migration.
Changes to the Service and Prices
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including, but not limited to, monthly Care Plan fees, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to this website, and/or sending you an email. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Legalities, Copyright and Intellectual Property
Elixir shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. Elixir reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.
Where images used on the website have been purchased by Elixir on behalf of the client, these images are restricted by license for use on the website only and are limited to 15 images per project. Elixir is not liable for misuse of these images by the client or any other persons copying, altering or distributing the images to individuals or other organisations.
Elixir makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at the visitor's own risk, and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website's content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Elixir cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Elixir.
Right to Refuse Service
Elixir reserves the right to refuse to do business with you. We have the right to terminate your services and give you any applicable refunds, at any time and for any reason. This may occur if we determine that your web site or product or IT resources or IT needs require an extraordinary amount of effort on our part. We will try to negotiate a more suitable compensation arrangement before we terminate our relationship and services.
We reserve the right to refuse to offer you this service and refund you any money paid for this service. This may happen if we deem your existing site ineligible for the makeover due to its content, platform, or custom programming and integrations.
For any makeover ordered, we reserve the right to build your new site on any technology platform we deem most appropriate.
Non-payment for hourly or project-based work
In the event that you have agreed to have Elixir perform project or hourly-based work on your site, and then fail to pay for completed work within the agreed terms, we reserve the right to disable your site until payment is rendered in full.
A project is deemed inactive by us when one or more of the following has not taken place in the last 60 days or more:
- You have not provided the required resources requested, e.g. copy, images etc
- You have not provided us with the required stage approvals or other required communications
- You are not up to date with payments.
When a project becomes inactive we will archive it and remove it from our servers. Should you wish to reactivate it at a future point there will be a £200* reactivation fee that covers un-archiving and re-implementing it on our servers. If there are any owed monies these will require settlement in full in addition to the reactivation fee.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
We occasionally make mistakes. The Service is not automated but performed by human technicians.
If you have purchased any portion of the Service that includes a 12- or 24-month service contract, you will continue to be billed for the remainder of your contract, regardless of whether or not you use the service or have requested a cancellation.
You understand that we may use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of Elixir customers, employees, members, or officers will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Elixir does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Elixir shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Elixir to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Elixir and govern your use of the Service, superseding any prior agreements between you and Elixir (including, but not limited to, any prior versions of the Terms of Service).
You agree to settle any legal disputes with Elixir through binding arbitration and/or mediation at an appropriate location to be agreed upon by yourself and Elixir.
Please do contact us if you have any questions about these Terms of Service.
Last updated 30 May 2020
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