TERMS OF SERVICE

OVERVIEW

This website is owned and operated by The Online Marketing Co. innovativity is part of, and managed fully by The Online Marketing Co. Throughout the site, the terms “we”, “us” and “our” refer to Innovativity. Innovativity offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), 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. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products/services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

We have made every effort to display as accurately as possible the colors and images of our products and services that appear on our website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Innovativity, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Innovativity and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 15 Enterprise House, Aber Road, Flint, Flintshire, CH65EX, United Kingdom.

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.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@Innovativity.co.uk.

DIGITAL SOLUTIONS

1.1 Domain Names: Included domain name must be decided and registered with The Online Marketing Co. (third party data processor) at the time of purchase. Excludes premium domain names and domain names priced above £30. Additional purchased/already owned domain names can be used as either parked domains or redirected domain names. Primary domain MUST be chosen before website is built. Primary domain can be changed at a later date for an additional cost. Upon cancellation, the included domain name can be purchased from Innovativity at an additional cost.

1.2 Content Pages: Information for all content pages must be provided by the customer. Innovativity may alter the style and layout to improve the performance of the website (where they feel necessary). It is the customers responsibility to proof read all content upon completion. Innovativity WILL NOT take responsibility for any content used on the website. Customers should be aware of Copyright Legislation. Website design will be suspended upon cancellation, the customer will have an opportunity to purchase all content from Innovativity.

1.3 Managed Hosting: Website and email hosting will be on Innovativity dedicated servers. Innovativity will manage the hosting account and customers will NOT be able to access the cPanel or have access to FTP. Innovativity regularly backup all client data and store for short period of time. Backups are NOT guaranteed, and content restores can be carried out at an additional cost. Hosting upgrades can be purchased at any time.

1.4 Email Addresses: Email addresses will be configured by Innovativity and setup instructions will be provided. Emails MUST NOT be used to mass market, therefore limitations will apply. Innovativity regularly backup all client data and store for short period of time. Backups are NOT guaranteed, and content restores can be carried out at an additional cost. Should you require additional email addresses, hosting upgrades can be purchased at any time.

1.5 Maintenance: Website maintenance and updates will be provided by Innovativity every 3 months. Maintenance does not include content cleansing.

1.6.a Digital Forecourt Solution Content Cleanse: Websites require a content cleanse every 3 months. Content cleanse must be carried out by Innovativity at a charge of £29.99.

1.6.a Personal Trainer Website Solution Content Cleanse: Websites require a content cleanse every 6 months. Content cleanse must be carried out by Innovativity at a charge of £29.99.

1.7 Support: Should you experience any technical issues on our part, a support ticket should be raised via our support ticket system in the customer’s account. A developer will review the problem and confirm whether this is a technical issue on our part. If so, the technical issue will be rectified free of charge.

1.8 Security: Website will be built as secure as possible upon purchase. Websites include an SSL Certificate as standard. Should your website become infected with malware and/or viruses, there WILL be a fee to have this removed. Should your website become hacked, there WILL be a fee to regain control and have all damage repaired (if possible). Innovativity will have access to the content management system (CMS) and cPanel at all time. Innovativity may login to the website at any time to record data, use information and perform health checks.

1.9 All design work will be deemed as complete once the ‘Under Construction’ page has been removed and the webite is live for the public. Any changes required after this may be subject to development fees.
Payments

1.10 Instagram Feed: Gallery pages setup with Instagram feeds pull images/content from user Instagram accounts and through use of open source hashtags. Innovativity can not be help responsible for any incorrect content displayed. These are direct feeds and are out of our control.

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2.1 Payment: All setup fees and service payments must be received in full before work commences. Monthly payments will be expected during the development period. Setup fees are NON refundable. Monthly payments may be set up on direct debit or recurring basis.

2.2 Late Payment: After the first payment has been taken, customers will receive monthly billing notification of automatic payment. If payment fail or are disputed, a late payment fee may be added and all services will be suspended. Failure to make payment may result in customer details being passed to a debt collection agency and recovery fees will be added.

2.3 Payment Instructions: Payments will be taken automatically via direct debite following an email payment notification. Innovativity will NOT take responsibility for undelivered billing emails.

2.4 Innovativity reserve the right to change the price of products and services at anytime for reasons such as rate increases from supplies, inflation, VAT registration or cost of service provision. Innovativity aim to provide 3 month notices of such changes (where possible).

ALL IN PACKAGES

Domain Names: Included domain name must be decided and registered with The Online Marketing Co. (third party data processor) at the time of purchase. Excludes premium domain names and domain names prices above £30. Additional purchased/already owned domain names can be used as either parked domains or redirected domain names. Primary domain MUST be chosen before website is built. Primary domain can be changed at a later date for an additional cost. Upon cancellation, the included domain name can be purchased from Innovativiy at an additional cost.

Content Pages: Information for all content pages must be provided by the customer. The customer MUST provide all style and layout preferences at the time of purchase. Innovativiy may alter the style and layout to improve the performance of the website (where they feel necessary). It is the customers responsibility to proof read all content upon completion. Innovativiy WILL NOT take responsibility for any content used on the website. Customers should be aware of Copyright Legislation. Website design will be suspended upon cancellation, the customer will have an opportunity to purchase all content from Innovativiy. Additional content pages can purchased at any time.

Products (E-Commerce Only): Information for all products must be provided by the customer. The customer MUST provide all style and layout preferences at the time of purchase. Innovativiy may alter the style and layout to improve the performance of the website (where they feel necessary). Innovativiy WILL NOT take responsibility for any content used on the website. Customers should be aware of Copyright Legislation. Website design will be suspended upon cancellation, the customer will have an opportunity to purchase all content from Innovativiy. Additional products listing can purchased at any time.

Taking Payments (E-Commerce Only): PayPal and Stripe are the standard merchant services provided. Other merchant services can be integrated at an additional cost (POA). Innovativiy DO NOT take any commission on products sold online, however merchant rates may apply. Customer data may be captured within the content management system (CMS), access to the content management system (CMS) can be purchased at any point.

Delivery Rates (E-Commerce Only): Simple delivery rates will be used on E-Commerce websites i.e. Standard UK Delivery / Next Day UK Delivery. Should the customer with to have more specific delivery rates (different rates for different items, size variation, weight variation etc…) the customer may incur an additional fee to have these configured.

Managed Hosting: Website and email hosting will be in a shared environment, meaning other websites will be hosted on the same server. Innovativiy will manage the hosting account and customers will NOT be able to access the cPanel or have access to FTP. Innovativiy regularly backup all client data and store for short period of time. Backups are NOT guaranteed, and content restores can be carried out at an additional cost. Hosting upgrades can be purchased at any time.

Email Addresses: Email addresses will be configured by Innovativiy and setup instructions will be provided. Emails MUST NOT be used to mass market, therefore limitations will apply. Innovativiy regularly backup all client data and store for short period of time. Backups are NOT guaranteed, and content restores can be carried out at an additional cost. Should you require additional email addresses, hosting upgrades can be purchased at any time.

Maintenance: Website maintenance packages provides a set number of hours per month which can be used in Developer Time. If unused, this time is accumulated until the maximum number of hours is reached. Standard Maintenance package provides 1 hour per month with a maximum of 12 hours. Bronze Maintenance package provides 2 hour per month with a maximum of 18 hours. Silver Maintenance package provides 4 hour per month with a maximum of 24 hours. Gold Maintenance package provides 4 hour per month with a maximum of 48 hours. Platinum Maintenance package provides 16 hour per month with a maximum of 96 hours. Maintenance requests should be submitted via the support ticket system in the customer’s account on the Innovativiy website. Maintenance requests will be quoted in either hour deductions and/or GBP. A minimum of 1 hour will be deducted for each request. Maintenance hours CAN NOT be refunded or transferred.

Support: Should you experience any technical issues on our part, a support ticket should be raised via our support ticket system in the customer’s account on the Innovativiy website. A developer will review the problem and confirm whether this is a technical issue on our part. If so, the technical issue will be rectified free of charge.

Security: Website will be built as secure as possible upon purchase. Websites do not include an SSL Certificate as standard, however these can be purchased separately. Should you website become infected with malware and/or viruses, there WILL be a fee to have this removed. Should your website become hacked, there WILL be a fee to regain control and have all damage repaired (if possible). Innovativiy will have access to the content management system (CMS) and cPanel at all time. Innovativiy may login to the website at any time to record data, use information and perform health checks. An ongoing Security Package can be purchased at any time.

PAYMENTS

Payment: All setup fees must be received in full before work commences. Setup fees are NON refundable. Monthly payments MUST be set up on direct debit or recurring bases.

Late Payment: After the first payment has been taken, customers will received monthly invoices 7-14 days before the due date. If payment has not been received by the due date, the customer will receive the overdue invoice emails 1, 2 and 3 days after due date. If the payment has still not been received 5 days after the due date, a late payment fee of 10% (minimum £10) will be added and all services will be suspended. Failure to make payment may result in customer details being passed to a debt collection agency and recovery fees will be added.

Termination: If an invoice reaches 30 days overdue, customer data will be terminated. This includes website and emails.

Payment Instructions: All payments can be processed though the Client Area on Innovativiy website. It is the customer’s responsibility to ensure all details held on record are correct. Innovativiy will NOT take responsibility for undelivered billing emails.

CANCELLATION

Notice Period: There MUST be 3 month cancellation notice for all services. All due payments within that 3 month cancellation period must be paid. Failure to make payment may result in all services becoming suspended or details passed to a debt collection agency and recovery fees will be added.

Fees: NO cancellation fees apply.

Content: After cancellation, content will be suspended and stored for 30 days. During this period, the customer may reopen their account without incurring any additional setup fees. Content may be purchased from Innovativiy at an agreed price. 30 days after the cancellation period, all content will be terminated. Maintenance time / reward points WILL NOT be refunded or transferred and do not hold monetary value.