Terms of service
1. INFORMATION ABOUT US
www.jumpstartly.com (“the website”) is a site operated by LIM CONCEPTS Limited (“We”, “Jumpstartly”, “Us”). We are registered in England and Wales under company number 08781180 and have our registered office at 69 Cricketfield Road, London, E5 8NR, United Kingdom. The name “Jumpstartly” will appear on cardholder statements for any transactions through this website.
2. ACCEPTANCE OF TERMS
2.1 By accessing the website www.jumpstartly.com or by purchasing or using any of our products or services you agree to be bound by these terms and conditions. We may change our terms and conditions from time to time and any changes to these terms can be viewed on this website.
2.2 These terms and conditions govern the supply of all products and services by us to you, the user of those products and services, including your use of the website at www.jumpstartly.com. They are effective from [date] and replace all earlier Jumpstartly terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
2.4 You must be 18 years old or older to subscribe to our products and services.
3. DURATION, CANCELLATION & TERMINATION
3.1 Your Jumpstartly service will continue until cancelled or terminated in accordance with these terms and conditions.
3.2 You must keep your service for a minimum of 12 months, after that, you may cancel your Jumpstartly service at any time by written notice to us to that effect. Unless you ask us to do so sooner, we will not deactivate your website. In any event we will not be obliged to make any refund of the balance of that billing period. So if, in the case of an annual subscription, you first subscribe in January and then cancel in June the same year, you will not be entitled to a refund for the balance of that year.
3.3 Jumpstartly registers your domain name on an annual basis on your behalf and spreads the cost to you over the whole year. You retain ownership of your domain name at all times and your domain will be registered against your name using the information you provide us.
3.4 If you commit a breach of this agreement, or if you or third parties via your website are doing anything that jeopardizes our service, Jumpstartly may at its option either suspend your website or terminate this agreement immediately by written notice. Jumpstartly may also terminate your Jumpstartly service for any reason by giving at least 3 months notice to you.
3.5 Upon termination of this agreement Jumpstartly may delete all data relating to your past use of our service. Where possible we will give 14 days notice of the termination of your account, except where our termination is based on your failure to comply with our Acceptable Use policy or for any other material breach. Upon such termination your website will no longer function or be accessible. For this reason we recommend that you keep back up copies of all content you upload to your website.
3.6 Where this agreement is cancelled or terminated for any reason, you must notify us by email if you wish to retain your domain name registration.
3.7 Where you decide to cancel this agreement, you are responsible for extracting your data from your website.
4. PRICES, PAYMENT AND VAT
4.1 Except where stated otherwise, all prices are in British Pounds and are quoted exclusive of VAT.
4.2 Payment must be made in accordance with the payment option that you select when commencing your Jumpstartly service. If you select a monthly payment option for your subscription you must make payment monthly and your payment must be made on or before the same day of the month as your first payment. An annual subscription will be renewed on the anniversary date of your first payment. We reserve the right to change the day of the month when your payment falls due at a future time by email notice to you.
4.3 Any price changes will be notified by email and posted on our website not less than two months before the change takes effect.
4.4 Failure to pay (including reversal of credit card or other payments) may result in your website being disabled until payment is made, and we may decline to supply any further products or services until payment is made. At our discretion if you do not pay we may cancel your subscription and we may not carry out work maintaining your registration of your domain name. Where any amount that you owe to us remains unpaid, we may notify you when action is required to maintain your domain name but we will not be liable to you if we do not notify you. If we are going to cancel your subscription and/or the registration of your domain name as a result of your not paying our charges, we will not give you any notice before we initiate action to cancel your account and/or domain name.
4.5 Your invoice will be emailed to you at the email address you supply when you register for Jumpstartly. You are responsible for ensuring that your contact details are up to date in your Customer Portal section
4.6 Any custom design work undertaken for you at your request will be quoted and invoiced separately from your monthly subscription.
4.7 You are responsible for paying VAT and all other taxes. Customers outside of the United Kingdom may not be liable to pay UK VAT. However, you may be liable to pay taxes in the country where you are located. This is entirely your responsibility.
4.8 You will not be considered to have made any payment until that payment has cleared through the banking system into our bank account. If any payment is reversed by your bank or credit card company, we will charge you an administration fee.
4.9 If you have not paid in full by the due date, we may charge you interest compounding monthly on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by our bankers, and we may charge costs (including collection costs and legal costs on a solicitor-client basis) and suspend delivery of further goods or performance of further services until the account is paid in full.
5. DOMAIN NAMES AND IP ADDRESSES
5.1 Jumpstartly registers one domain name on an annual basis on your behalf and spreads the cost to you over the whole year by including the domain name renewal in your subscription fee. You retain ownership of your domain at all times.
5.2 Domain name extensions that are included in your monthly or annual Jumpstartly subscription are limited to the following TLDs. Any Domains outside of these must be registered externally but can still be used with your Jumpstartly website. Supported TLDs .co.uk, .me.uk, .org.uk, .uk, .com, .net, .org, .us, .biz, .info.
Jumpstartly withholds the right not to transfer a domain name with a subscription under any circumstances. Jumpstartly does not transfer domains if existing emails are hosted externally and the intention is to continue hosting emails externally from Jumpstartly.
5.3 You can have more than one domain name if required for an additional cost as detailed on our pricing page. When you become a full subscriber we will attempt to register your domain name for you but we do not guarantee that your web address will be available until we provide a confirmation of web address registration to you by email.
5.4 While you continue to use us as your web host, we will maintain your Domain Name registration on your behalf. If you do not pay any sum due to us when due, or if you cease to use us as your webhost, we will cease to maintain your Domain Name registration.
5.5 Customers who become paying subscribers with their own domain name also agree to the terms and conditions relating to domain registration in these terms and conditions.
5.6 Jumpstartly maintains control and relevant ownership of any IP numbers and addresses that may be assigned to you. We reserve the right to change or remove any IP numbers and addresses. An IP address is a technical term for a number that identifies devices participating in a computer network and changes to IP addresses do not affect what customers see of your website.
6. SERVICES AND SERVICE LEVELS
6.1 Jumpstartly uses security practices to keep your data safe from hackers but unfortunately cannot guarantee that its service will be free from external attacks such as hackers and viruses as even government organisations have not been able to keep out hackers. We cannot also guarantee that the service will be free from error or delay or that it will always be available to you.
6.2 You are responsible for ensuring that your system is secure against attacks by viruses and similar disruptive codes, and that you keep a back up copy of all content that has been loaded onto your website. Jumpstartly backs up all database data (website settings and content) and all uploaded files every week. Each back up is stored for one week. We will not be responsible for any loss, damages or costs incurred through your failure to back up data or to secure your computer system.
6.3 Jumpstartly can provide email addresses as part of your Jumpstartly subscription. Email addresses will be charged for as per our pricing schedule.
6.4 Email Account Sending Limits. Jumpstartly’s Mail solution does not allow you to send email messages of similar content through our SMTP servers to more than two-hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction. Our email solution may block mail that violates this restriction.
6.5 Links and information within Jumpstartly Support regarding third party products, such as mail clients, are for informational purposes only and are not supported by Jumpstartly.
6.6 Your email can be accessed via a web based interface or via your existing mail program such as Outlook or Mail. Jumpstartly will provide support to ensure that your webmail is working correctly. However, additional support to integrate your email account with email programs such as Outlook, Outlook express or Mail may be charged for. Where we have developed instruction guides for email integration, we will provide those instruction guides to you. However, we cannot guarantee that you will be able to make your email integrate just by using those guides.
6.7 We will provide tools and guidance to enhance your search engine position but we cannot guarantee your position as there are factors that affect your search ranking that are beyond our control. For example, the number of relevant links you have to your site from external sites significantly affects your search ranking.
7. WEBSITE DATA SIZE AND FAIR USAGE TRAFFIC LIMITS
7.1 Your website storage capacity and traffic through your Jumpstartly website is governed by our fair usage policy. This fair usage policy is referenced against average customer usage for Jumpstartly websites and estimated customer use of this service based on historic usage of our customers. If your Jumpstartly website significantly exceeds these patterns and estimated use patterns over any month, then your use will be deemed excessive and/or unreasonable and we may send you a notice asking that you alter your usage to come within the range of fair usage and explaining that we may impose charges if usage is not reduced. If excessive use continues to occur after we have advised you of your excessive usage we may apply, without notice, charges for excessive usage or we may suspend or restrict your service without being liable to you in any way. We do not want to stifle your business growth and therefore if your website is exceeding fair usage through the normal course of business we will provide a rate card for traffic that exceeds fair usage.
7.2 The email accounts we provide have a 5 Gigabyte (GB) limit for each email account. 5GB is a large email account but if you need a larger email account please contact us at [email protected].
8. INTELLECTUAL PROPERTY RIGHTS AND LICENCES
8.1 You agree that all intellectual property that forms part of the website, our products or any of our services including software, processes, support material and trademarks, together with all intellectual property in any text, software, music, sound, photographs, graphics, video, design or other content which is not subscriber content (as defined in 9.6 below) remains the property of Jumpstartly or its suppliers and must not be copied or modified. This includes any copies of or improvements, developments, modifications or changes to them, or to any patents, copyrights, trade marks, internet protocol or other electronic addresses, numbers or codes allocated to you. You may not sell, license or provide any of these to anyone else without our written permission.
8.2 Except to the extent required to enable you to use the Jumpstartly service, or as otherwise agreed in writing by us, Jumpstartly does not give you any right or licence to use any intellectual property of Jumpstartly or its suppliers. You must not copy, reverse engineer or decompile any of our intellectual property or interfere or tamper with any of our products, websites or systems. You must not cause or permit anything to be done which may interfere with, damage or endanger the systems, websites, trade marks or other intellectual property rights of Jumpstartly or its suppliers, or assist or allow others to do so.
8.3 You acknowledge and agree that any suggestions you provide for improvement of our service shall become part of Jumpstartly’s intellectual property for the purpose of enhancing our service.
8.4 You represent and warrant that you are not using Jumpstartly’s free trial or paid for service for the purpose of evaluating or copying our intellectual property or the intellectual property of our suppliers.
8.5 You may not use Jumpstartly’s trademarks unless express permission is provided in writing by Jumpstartly.
8.6 All intellectual property rights in any text, software, music, sound, photographs, graphics, video, design or other material which you upload or post to your Jumpstartly website (collectively “subscriber content”) shall remain your or the relevant licensor’s property and, in accordance with the Acceptable Use Policy, you shall upload or post any content that infringes the intellectual property rights of any party unless you have the permission of the owner.
8.7 We may ask you to use your Jumpstartly website or content displayed on it for promoting Jumpstartly and its services. We will not display or reproduce your content without your permission.
9. COMPLIANCE WITH JUMPSTARTLY POLICIES, MODEL TERMS AND CONDITIONS
9.1 You agree at all times to observe and comply with the terms and conditions set out in our
9.2 If you opt to use our Model Website Terms and Conditions of Supply, you do so on the strict understanding that you are entirely responsible for the terms and conditions on which you trade with your own customers. You are strongly advised to obtain your own independent legal advice based on your own specific needs, the jurisdictions in which you intend to operate and the jurisdiction in which your customers live as different laws will apply in each case. Jumpstartly makes no representation and gives no warranty that the model website terms and conditions are appropriate for your business, or appropriate for the jurisdictions in which you operate.
9.3 Whether you use the Model Terms and Conditions Supply or not you agree to require your own customers to observe and comply with the terms of the Acceptable Use Policy regarding the use of your website.
10. DISCLAIMER OF WARRANTIES
10.1 Your use of Jumpstartly service and products is at your sole risk. We make no warranties in relation to the Jumpstartly website or its contents including but not limited to security, warranties of title, fitness for a particular purpose, merchantability and non infringement of proprietary or third party rights. We make no warranties about the accuracy, reliability and completeness of the material, services, software, text graphics and links on our website.
10.2 We do not guarantee that our site or services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site and use our services. You should use your own virus protection software.
10.3 We are not responsible for the content of websites used by other subscribers of Jumpstartly services and make not warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information given on such other websites.
11.1 You agree to defend, indemnify and hold harmless Jumpstartly, its officers, directors, employees, representatives and agents from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) alleging or resulting from your use of Jumpstartly products or services including but not limited to:
- any material which infringes the proprietary or intellectual property rights of any third party;
- any defects in products sold through your Jumpstartly website.
11.2 We will provide notice to you promptly of any such claim, action or demand as described in 10.1 and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
12. NO RESALE OF JUMPSTARTLY SERVICES
You agree not to reproduce, duplicate, copy or sell, resell or exploit for any commercial purposes any portion of Jumpstartly’s services or products, or access to our website, without our express prior written consent.
13. LIMITATION OF LIABILITY
13.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or services or any content on it, whether express or implied.
13.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with any of the following:
- use of, or inability to use, our site or services;
- use of or reliance on any content displayed on our site or sites of other subscribers to the Jumpstartly service;
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
13.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or services or to your downloading of any content on it, or on any website linked to it.
13.5 We assume no responsibility for the content of websites linked on our site or other websites using the Jumpstartly service. Where links are provided to other websites such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
13.6 Subject to clause 13.1 to 13.5 inclusive, our total liability to you in respect of all other losses arising under or in connection with these terms and conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of one year’s subscription for the service you purchase
14. FORCE MAJEURE
14.1 We will not be liable to you for any losses caused by events beyond our reasonable control.
14.2 Jumpstartly shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone or communication network or service.
15. GOVERNING LAW AND JURISDICTION
15.1 These terms and conditions are governed by English law. This means that a contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
15.2 You agree to use our Jumpstartly website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
16. GENERAL CONDITIONS
16.1 We may transfer our rights and obligations under this contract to another organisation, but this will not affect your rights or our obligations under these terms and conditions.
16.2 You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.