Terms & Conditions

 

These Terms and Conditions govern the provision of The Social Piggy services including

  • Web Hosting Services, including email
  • Domain Name Registration and Renewal
  • WordPress Management & Maintenance
  • Website Creation and Development
  • Email Marketing
  • Social Media Management
  • Graphics design
  • Other marketing activities

Please read these terms and conditions carefully before ordering any Services from our website. By ordering any of our Services, you will be bound by these terms and conditions. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered. Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these terms and conditions. We would recommend you read through the terms carefully, printing a copy of your records if required.

 

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following words and expressions have the following meanings:

  • “We/Us/Our” refers to Invictus at home trading as The Social Piggy and Partners or Associates;
  • “You/Your” is a reference to you, the Client or Customer.
  • “Services” means, collectively, all components of Our website hosting and cloud communications service as provided to You in accordance with Your chosen Package, as fully described;
  • “Agreement” means this agreement entered into by and between Us and You, and any addendum or service requisition with additional terms;
  • “Package” means one of the hosting or service packages described on Our website at thesocialpiggy.co.uk and generally refers to the package selected by You during the sign-up process which shall refer to specific features including, but not limited to, tools, facilities, storage limits and duration of service;
  • “Confidential Information” means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
  • “servers” means the computer equipment operated by Us in connection with the provision of the Services;
  • “end-user” means a third party who access and/or uses the Services;
  • “intellectual property rights” means copyright (and related rights), designs, patents, trademarks and any and all other intellectual property rights.  This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant);
  • “writing”, and any similar expression, includes a reference to any electronic communication whether sent by e-mail, text message, or similar means;

 

Information About Us

The Social Piggy is a partnership of providers, with most services supported directly by Invictus at home Ltd, a company registered in England & Wales under number 10363011 whose registered office is at Enterprise House, Tenlons Road, Nuneaton, Warwickshire CV10 7HR.  Unless you have been advised to contact a Partner direct, or that other terms apply to your services, these terms will apply.

Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.

 

Your Status

By placing an order through our website, you warrant that:

  • you are legally capable of entering into binding contracts
  • you are at least 18 years old.

If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

Forming The Contract

Orders placed directly via the website constitute an offer to buy our Services. All orders are subject to our acceptance, and the Contract will only be formed once the Services have been activated and confirmed. If we do not accept your Order for any reason, we will tell you so.

Orders placed indirectly (whether verbally, via email or other means) will similarly be considered as accepted, and a Contract formed, once the Services are activated. Accessing the services and/or making payment will be considered Your acceptance of the Contract.

The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation upon activation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed and mutually agreed.

The Service

Provision of the Service shall commence on the date specified in Your Order, or once payment has been received.

To place an Order for Services you are required to have an Account with us. Information that you provide while registering an account with us must be complete and accurate, and You must ensure remains as such. By creating an Account, you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must always keep your username and password private at all times and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.

Whilst we endeavour to provide simple package options with as many features as possible, we are under no obligation to provide any services that do not form a part of your chosen package unless you upgrade your package, where available, or unless both parties enter into a separate written agreement for the provision of additional services.

We may, at our sole discretion, alter, improve or otherwise modify the service provided that any such change will not alter the service received by you to your material disadvantage (which would include, but not be limited to, the removal of features from packages).  You will be notified no later than thirty days in advance in most cases (seven days in the case of emergency changes, where the level of service may be at risk if such changes are not made) of any planned changes and shall receive full details of any action required on your part.  No alterations to the service will affect the fee payable by you.

 

Availability of Service

We will use reasonable endeavours to ensure that the service is provided to you on a constant, uninterrupted basis throughout the duration of your chosen package.

 

Fees and Payment

Fees for services are detailed on our website and the fees for your chosen package are confirmed in your order. You shall be required to pay all fees due in advance of the service for the duration of the service specified in your chosen package.

For the first period of service provision (as specified in your chosen package), payment of fees shall take place on the date that you complete your order.  For subsequent periods of service provision, we will send you a renewal notice and invoice via e-mail not less than seven days prior to the expiry of the then current period.  Payment must be made by the date specified on the invoice in order for provision of the service to continue without interruption.

We are free, at any time, to change the price of our services (including, but not limited to, the package chosen by you).  You will not be subject to any additional charges during a period for which you have already paid resulting from a price increase, nor to any refunds resulting from a price decrease.  Any changes in fees due shall be reflected in subsequent renewals only.  We reserve the right to continue charging old prices for renewals.

All fees payable by you to us must be paid in full, without set off or deduction.  We reserve the right to suspend the service or terminate the contract if fees are not paid on or before the due date.

If payment is not received within seven days, access to services may be restricted. If non-payment continues an account may be deleted and all associated data.

We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and you agree to pay such charges in addition to the outstanding amount owed to us.

 

Your Obligations and Undertakings

You may not use the service for any unlawful or otherwise inappropriate purposes, nor link to any site or services that does so.  This includes, but is not limited to:

  • Distribution of computer viruses, malware, spyware or any other form of code designed to cause harm or nuisance to hardware or software or to obtain data without consent;
  • Distribution of pirated material including, but not limited to, software, videos, music and written works; and
  • Distribution of obscene or illegal material including that which is pornographic, abusive, threatening, malicious, harassing, fraudulent, defamatory or that which encourages criminal activities.

You are responsible for ensuring that all persons who access our services through your internet connection are aware of these terms and conditions (and in particular our acceptable use policy) and undertake to monitor and supervise any and all third party activity on your service or account.

You undertake to ensure that any and all personal information you collect through our services is gathered, processed and held in accordance with the relevant provisions of the European general data protection regulation (GDPR).

You must use reasonable endeavours to ensure that we are furnished with any information reasonably required to provide the service in a timely manner.

 

Intellectual property rights

You shall not acquire any rights in or over any intellectual property rights subsisting in any materials and/or property owned by us or by any third parties (where, for example, we are using materials under licence).  Any materials owned by us used by you in the normal course of the service are used under a non-exclusive licence only to the extent required in order for us to provide the service to you.

We shall not acquire any rights in or over any intellectual property rights subsisting in any materials and/or property owned by you or by any third parties (where, for example, you are using materials under licence) including, but not limited to, your website.  Any such rights are used under a non-exclusive licence only to the extent required in order for us to provide the service to you.

You hereby agree to fully indemnify us against all costs, expenses, liabilities, losses, damages, claims and judgments that we may incur or be subject to as a result of the infringement of any intellectual property rights arising out of your failure to obtain the necessary rights and permissions from third parties with respect to any materials used by you as hosted by us under the contract.

 

Your use of software and licences

Your use of any and all software that we may from time to time provide is under a non-exclusive licence and may be used only in accordance with these terms and conditions and only for the duration of the service.  You shall not gain any form of ownership rights over any software or the intellectual property rights therein.

Where we provide access to third party software you agree to be bound by any licence agreements relating to such software upon your first use of that software.

 

Our liability

We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the hosting or social media services.

Due to the public nature of the internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the internet or via any network provider

No guarantee or representation is given that the services will be free from security incidents or unauthorised users.

All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

We do not exclude or limit in any way our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of goodwill; loss of software or data; wasted expenditure (such as pay per click advertising costs); wasted management or office time.

Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the services during the 12 months preceding the event giving rise to the liability in question.

You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the services (in particular the hosting service).

 

Your indemnity

You shall fully indemnify us against all costs, expenses, liabilities, losses, damages and judgments that we may incur or be subject to because of your misuse of the service; your breach of these terms and conditions; your negligence or other act of default; the activities of third parties conducted on or through your website or social media.

 

Term and termination

The initial period of service provision shall commence on the date that your order is placed or accepted.  This period shall last for the duration specified in your chosen package, subject to any provisions in these terms and conditions to the contrary and will usually renew monthly or annually with payment due in advance.

You can terminate the contract by giving 30 day’s notice, subject to any minimum term being completed. Refunds are not available if a service is cancelled part-way through a billing period, or where a service has been secured externally (e.g. domain name registrations).

Without prejudice to any other right to terminate or suspend the services we may have under these terms and conditions, our terms of use or our acceptable use policy we may terminate the contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account. We will refund to you the price you have paid for the services on a pro-rata basis for the unexpired minimum term.

Either party may immediately terminate the contract by giving written notice to the other party if:

  • Any sum owing to that party by the other party under these terms and conditions is not paid within forty days of the due date for payment;
  • The other party commits any other breach of any of these terms and conditions and, if the breach is capable of remedy, fails to remedy it within ten days after being given written notice giving full particulars of the breach and requiring it to be remedied;
  • An encumbrancer takes possession, or where the other party is a company, a receiver is appointed, of any of the property or assets of that other party;
  • The other party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the insolvency act 1986);
  • The other party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other party under these terms and conditions);
  • Anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other party;
  • That other party ceases, or threatens to cease, to carry on business; or
  • Control of that other party is acquired by any person or connected persons not having control of that other party on the date of the contract.

Upon the termination of the agreement for any reason, we shall ensure the complete and secure removal of your hosted data and any sum owing by either party to the other under these terms and conditions shall become immediately due and payable.

 

No Waiver

No failure or delay by either Party in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of these Terms and Conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

 

Set-off

Neither party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the agreement or any other agreement at any time.

 

Assignment and sub-contracting

Neither you nor we intend that any term of the contract will be enforceable by virtue of the contracts (rights of third parties) act 1999 by any person that is not a party to it.

The contract is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of the contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of the contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

 

Relationship of the parties

Nothing in these terms and conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the parties other than the contractual relationship expressly provided for in these terms and conditions.

 

Severance

In the event that one or more of the provisions of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, that those provision(s) shall be deemed severed from the remainder of these terms and conditions.  The remainder of these terms and conditions shall be valid and enforceable.

 

Force majeure

Neither party to the contract will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

 

Law and jurisdiction

The agreement and these terms and conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

Any dispute, controversy, proceedings or claim between the parties relating to the agreement or these terms and conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

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