Terms and Conditions

The following Terms and Conditions apply to all services and products provided by Alexis29. These terms and conditions will prevail over any other terms, including those presented by the customer.

Acceptance

Any use or purchase of Alexis29 services means the Client has accepted these terms and conditions in full. It isn’t necessary for any Client to have signed an acceptance of these terms and conditions in order for them to apply, however Alexis29 require that the client agree to these terms and conditions and the contents of the quote. These terms and conditions are available on Alexis29 website.

Quotations, Charges and Payments

Any charges for services to be provided by Alexis29 are defined in the project quotation that the Client receives via email. Quotations are valid for a period of 30 days and Alexis29 reserves the right not to honor any quotation after expiry of the 30 days. Any price quoted is subject to VAT (unless specified otherwise). Payment for website projects is split into 2 phases unless otherwise specified in the signed quotation:
• 70% deposit in advance of commencement of the project
• Final 30% plus any requested additions before the website goes live, or if the Client puts the project ‘on hold’ for more than 30 days. If the Client fails to provide information required to continue the project within 30 days of Alexis29’s request, the project will be considered as ‘on hold’ and the final amount will be billed.
If the client wishes to change the design of website project after ‘design sign off’, an additional charge will be payable. The amount will be quoted for by Alexis29 and is dependent on the level of changes and current stage of the project. If the design changes are significant and the supplied content has been added to more than half the total number of pages, the charge would be 90% of the project. If the design changes are significant and only the home page has been coded, the charge would be 50% of the project. Supplied content includes the first draft or content taken from previous websites.
If monthly payments are agreed, they must be paid on the same day each month until the total is reached, regardless of the stage of the project. If a client opts to host his website with Alexis29, value hosting packages are billed annually; VPS and dedicated solutions are billed monthly. Payment for graphic design and print work is required in advance unless otherwise agreed on a signed quotation.
Payment for services is due by cheque, card payment, cash or bank transfer. Cheques should be made payable to the bank details made available on invoices. If additional services are required that are not expressly written in the agreed quote, additional costs will be agreed and charged as extra. Any verbal or written agreement by the Client will be considered as consent. The Client may be asked to confirm by email that they agree to the additional cost. Payments are due within fourteen (14) days of the invoice. Accounts that have not been settled within fourteen (14) days of ‘project sign off’ will incur a late payment charge of 5% of the amount outstanding. The Client may also be charged statutory interest pursuant to the late payment legislation. If the project is online, full publication of any web content may take place only after full payment has been received. Any material previously published may be removed if payment is not received.

Commencement, Progression, Lead Times and Sign Off

  • Alexis29 will commence work on a project on the agreed start date once a signed quotation and the full deposit amount due have both been received from the Client.
  • The Client agrees to delegate a single individual as a primary contact to aid Alexis29 in carrying out any project in a satisfactory and expedient manner.
  • The Client agrees to provide Alexis29 with a designated email address for the purposes of communication regarding any project or services and ‘project sign off’ thereof.
  • The Client agrees to provide Alexis29 with all the required information to complete a project in advance to ensure that work is carried out to the project lead time.
  • The Client acknowledges that all completion dates and lead times provided by Alexis29 regarding a project are advisory only and that Alexis29 cannot guarantee project completion dates or lead times.
    At the completion of the project, the Client will be asked to provide ‘project sign off’. The Client can provide ‘project sign off’ by acknowledging the website is ready to go live. At this time the remainder of the amount due will become payable. An invoice will be provided. If ‘project sign off’ confirmation is not received from the Client within seven (7) days of the date of notification from Alexis29, ‘project sign off’ will be deemed to have been provided and the project approved by the Client. If at ‘sign off’ the Client wishes amendments to be made to the project (within the remit of the specification document originally provided by Alexis29), all details must be provided to Alexis29 in a single email or document clearly outlining the amendments to be made. This email or document must be provided by the Client within 48 hours of the date of notification from Alexis29. Alexis29 will not accept any further amendments to the project in addition to those detailed in the email or document provided by the Client, unless the client is willing to pay additional fees for these additional services. Alexis29 will also not accept amendments to the project after 48 hours have elapsed from the date of notification from Alexis29. Any further requests for changes may be liable to additional fees to be confirmed depending on the exact nature of the work.

Payment

Payment will be due within fourteen (14) days of ‘sign off’. Accounts that have not been settled within fourteen (14) days of ‘project sign off’ will incur a late payment charge of 5% of the amount outstanding. The Client may also be charged statutory interest pursuant to the late payment legislation. If the project is a website or other online material, any publication may take place only after full payment has been received, regardless of any outstanding work Alexis29 has agreed to do in the future. Any material previously published may be removed if payment is not received. When this occurs, to restore the content back online will incur charges.

Default

The Client’s account shall be considered default if it remains unpaid for fourteen (14) days from the date of the invoice from Alexis29, or following a returned cheque. Alexis29 shall be considered entitled to remove Alexis29’s and/or the Client’s material from any and all computer systems, and disable any services provided, until the amount due has been fully paid. This includes any and all unpaid amount due for services, including, but not limited to, hosting, domain registration, design, maintenance, additional website features, copywriting, print work, photographers and video work. Removal of such materials does not relieve the Client of its obligation to pay the due amount. Clients whose accounts become default agree to pay Alexis29 reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Termination

To terminate a project the Client must provide a termination request in writing. Any deposit paid is non-refundable unless no work has been started. The client must pay any outstanding invoice and for any work that is not covered by the deposit. If additional pages are required other than the ones signed in the contract agreement, the Client will pay for any additional pages added. If all the initially agreed pages have been added, the client must pay 100% of the project cost, regardless of whether there was additional content to be added or changes to be made to those pages. If not all pages have been added, the project completion will be calculated by the amount of pages added containing at least some of the content provided by the Client. Content provided by the Client includes first draft content and content taken from an existing website. All work done by Alexis29 will remain the property of Alexis29 when the project is terminated. Alexis29 may use all or part of the work completed in other projects.

Copyrights and Trademarks

By supplying artwork, text, images and other data to Alexis29 for inclusion in the Client’s website or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner. It is the Client’s responsibility to ensure that they have obtained the necessary copyright or permissions to use any asset (including but not limited to, images, text, graphics, audio clips, video or other digital files) used within any website, email, print media or other marketing created or amended by Alexis29 for the Client, irrespective of whether those assets have been sourced by Alexis29 or the Client.

 

The Client agrees to fully indemnify and hold Alexis29, its employees, agents and sub-contractors free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permission. Should Alexis29, or the Client supply an image, text, audio clip or any other digital file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow Alexis29 to remove and/or replace the file on the site. The Client agrees to fully indemnify and hold Alexis29, its employees, agents and sub-contractors free from harm in any and all claims resulting from such copyright or royalty usage limitations.

 

Any artwork, images, or text supplied and/or designed by Alexis29 on behalf of the Client, will remain the property of Alexis29 and/or its suppliers until full payment is received. (If a choice of design is presented, only one solution is deemed to be given by Alexis29 as fulfilling the contract. All other designs remain the property of Alexis29, unless agreed in writing that this arrangement has been changed.) If any image(s), Royalty Free or Right Managed are purchased on behalf of the Client, upon full reimbursement of the associated cost to Alexis29 the Client shall hold full rights to these image(s).The Client may request in writing from Alexis29, the necessary permission to use materials (for which Alexis29 holds the copyright) in forms other than for which it was originally supplied, and Alexis29 may, at its discretion, grant this. Such permission must be obtained in writing before Alexis29 will allow any of the aforementioned artwork, images, text, or other data to be used.

 

By supplying images, text, or any other data to Alexis29, the Client grants Alexis29 permission to use this material freely in the pursuit of the design. In any web-based projects, a link to Alexis29 will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a Client requests that the design credit be removed, a nominal fee will be charged. The Client also agrees that the website developed for the Client may be presented in Alexis29’s portfolio.

Indemnity

The Client shall defend, indemnify and hold harmless Alexis29, its employees, agents and sub-contractors against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Client’s use of Alexis29’s services. In defense or settlement of any claim, Alexis29 may procure the right for the Client to continue using Alexis29’s services, replace or modify any services or software so that they become non-infringing or, if such remedies are not reasonable available, terminate this agreement on 7 Business Days’ notice to the Client without any additional liability or obligation to pay liquidated damages or other additional costs to the Client. In no event shall Alexis29, its employees, agents and sub-contractors be liable to the Client to the extent that the alleged infringement is based on:

  • A modification of any services or software by anyone other than Alexis29; or
  • The Client’s use of any services or software in the manner contrary to the instructions given to the Client by Alexis29; or
  • The Client’s use of any services or software after notice of the alleged or actual infringement from Alexis29 or any appropriate authority.

The foregoing states the Client’s sole and exclusive rights and remedies, and Alexis29 (including its employees’, agents’ and sub-contractors’) entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.

Limitation of Liability

The following five (5) clauses set out the entire liability of Alexis29 (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of:

  1. a) Any breach of these terms and conditions;
  2. b) Any use made by the Client of any of Alexis29’s services or software or any part of them; and
  3. c) Any representation, statement or tortious act or omission (including negligence) arising under or in connection with these terms and conditions.

Except as expressly and specifically provided in these terms and conditions:

  1. a) The Client assumes sole responsibility for results obtained from the use of any of Alexis29’s services or software by the Client. The Client assumes responsibility to check any project for spelling mistakes, broken links, broken contact forms or e-commerce checkouts prior to launch. Alexis29 shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Alexis29 by the Client in connection with any services, or any actions taken by Alexis29 at the Client’s direction;
  2. b) All warranties, representations, conditions and all other terms of any kind whatsoever implied by Statute or Common Law are, to the fullest extent permitted by applicable law, excluded from these terms and conditions; and
  3. c) Any services or software are provided to the Client on an “as is” basis.

Subject to the following two (2) clauses, Alexis29 shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these terms and conditions. Alexis29 shall not be liable for downtimes, interference in the form of hacking, virus, disruptions, interruptions, faulty third-party software, search engines or websites on which a service is dependent or other deliveries from a third party. Alexis29 shall use its reasonable efforts to assist in remedial efforts if so requested by the Client. Any work connected with remedial efforts as described above shall be charged to the Client separately in accordance with these terms and conditions at Alexis29’s discretion. Alexis29 shall not be liable for any changes made without notice by the Client or a third party employed by the Client to domain names, websites, links, technical setup etc. and affecting any services delivered by Alexis29. Preceding or subsequent work connected with any adjustments required as a result of such changes shall be charged to the Client in accordance with these terms and conditions at Alexis29’s discretion. Alexis29 shall use all reasonable endeavors to deliver services relating to search engine optimization, links, advertisements, banners, pay per click (PPC) and Google Analytics in accordance with the guidelines applicable to the relevant search engines. However, Alexis29 shall not be liable for delayed or non-conforming performance due to changes made to standard terms, assessment algorithms, search criteria, viewing policy, prices and campaign offers or other matters beyond Alexis29’s control and reserves the right to make changes to services as a result of the same. In addition, Alexis29 shall not be liable for other changes or discontinuation of search engines.

Pay Per Click (PPC) Services

The Client acknowledges the following with respect to PPC services:

  1. a) Alexis29 does not in any way guarantee the results or effects of its PPC services.
  2. b) The Client accepts that Alexis29 does not and cannot guarantee the number of occasions when an advert may be displayed by the search engine or social media platform.
  3. c) The Client accepts that Alexis29 does not and cannot guarantee the number of clicks the Client’s adverts might receive.
  4. d) The Client accepts that Alexis29 does not and cannot guarantee any specific position or ranking on any search engine, or the increase of any business to the Client in respect of any PPC service.

The Client acknowledges and accepts that Alexis29 shall set up and retain a PPC account in the Alexis29’s own name which shall be used in connection with the Client’s PPC campaign. The PPC account shall belong to Alexis29 and Alexis29 shall not be obliged to provide the Client with access to, or notify the Client of any details contained within PPC account. These accounts include, but are not limited to, Google Adwords, Facebook, Bing Ads and LinkedIn. The Client acknowledges and accepts that Alexis29 makes no representations in relation to its fixed charges in connection with any PPC services or how such charges are allocated or broken down, save that:

  1. a) Alexis29 does not receive any commission from Google, Facebook or Bing.
  2. b) Alexis29 does not charge any uplift on Google’s, Facebook’s or Bing’s advertising charges.

Alexis29 reserves the right to cancel the service at any time. In this event the Client will not be required to pay for the remaining period of service. The agreement, unless otherwise terminated as provided in this clause, shall continue for the duration specified in the term of the agreement and, thereafter, the agreement shall be automatically renewed for successive periods of the same duration, unless either party notifies the other party of termination, in writing, at least 7 days before the end of the initial duration or any renewal period, in which case the agreement shall terminate upon the expiry of the applicable duration or renewal period. Additional Services not listed in the agreement will be provided by Alexis29 subject to a quotation which will be charged according to the specification of work required and thereby agreed by the Client. Payment is to be made by BACS into a nominated bank account of Alexis29’s choice. Alexis29 will not be responsible for any damages the Client’s business may suffer. The Client agrees that it shall defend, indemnify, save and hold Alexis29, its agents, its customers, officers and employees harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor’s fees asserted against Alexis29, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by its agents, employees or contractors. Alexis29 makes no warranties of any kind, expressed or implied for services it provides. Alexis29 disclaims any warranty or merchantability or fitness for a particular purpose. The Client agrees to defend, indemnify and hold harmlessAlexis29, its agents, its customers, officers and employees, against liabilities arising out of:

  1. a) Any injury to person or property caused by any products sold or otherwise distributed in connection with Alexis29
  2. b) Any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party;
  3. c) Copyright infringement.
  4. d) Loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Alexis29 and its employees.

It is recommended that the Client keeps a backup of its important data. Alexis29 reserves the right to revise its PPC policies at any time.

Search Engine Optimization (SEO) Services

For the purposes of SEO services, the Client agrees to provide the Alexis29 with:

(a) Authorized FTP and CMS access to the main site for uploading new pages, and making changes to the existing ones for the purpose of optimization.

(b) The Client authorizes Alexis29 use of all logos, trademarks, website images, etc., for use in creating informational pages and any other uses as deemed necessary by Alexis29 for search engine positioning and optimization.

The Client acknowledges the following with respect to services:

  1. a) Alexis29 has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future.
  2. b) The Client website may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory.
  3. c) Due to the competitiveness of some keywords/phrases, on-going changes in search engine ranking algorithms and other competitive factors, Alexis29 can never guarantee #1 position or consistent top 10 positions in search engines for any particular keyword, phrase or search term.
  4. d) It is solely at the discretion of the search engines themselves to list the Client website.
  5. e) Occasionally, search engines will stop accepting submissions for an indefinite period of time. Occasionally, search engines will drop listings for no apparent or predictable reason. Often listings will “reappear” without any additional submissions.

Alexis29 is not responsible for changes made to the Client website by other parties that adversely affect the search engine rankings of the Client website. Additional Services not listed in the agreement will be provided by Alexis29 subject to a quotation which will be charged according to the specification of work required and thereby agreed by the Client. Payment is to be made into a nominated bank account of Alexis29’s choice. Alexis29 is not responsible for the Client overwriting SEO work to the Client website. For example, the Client’s webmaster, employees, contractors, agents or administrators making changes and uploading over work already provided. The duration of the service will be specified in the agreement alongside a commencement date. Thereafter, without 30 days prior notice of cancellation from the Client, Alexis29 will continue to provide SEO services for a period of the same duration. Alexis29 reserves the right to cancel the service at any time. In this event the Client will not be required to pay for the remaining period of service. There is no cancellation period offered during the period unless agreed otherwise in writing by Alexis29. The agreement shall continue for the duration specified and, thereafter, the agreement shall be automatically renewed for successive periods of the same duration, unless: Either party notifies the other party of termination, in writing, at least 30 days before the end of the initial duration or any renewal period, in which case the agreement shall terminate upon the expiry of the applicable duration or renewal period. Alexis29 will not be responsible for any damages the Client’s business may suffer. The Client agrees that it shall defend, indemnify, save and hold Alexis29, its agents, employees or contractors harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor’s fees asserted against Alexis29, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by its agents, employees or contractors. Alexis29 makes no warranties of any kind, expressed or implied for services it provides. Alexis29 disclaims any warranty or merchantability or fitness for a particular purpose. The Client agrees to defend, indemnify and hold harmless Alexis29, its agents, employees or contractors against liabilities arising out of:

  1. a) Any injury to person or property caused by any products sold or otherwise distributed in connection with Alexis29
  2. b) Any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party;
  3. c) Copyright infringement.
  4. d) Loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Alexis29 and its employees.

It is recommended that the Client keeps a backup of its important data. Alexis29 reserves the right to revise its SEO policies at any time.

Social Media Services

For the purposes of providing Social Media services, the Client agrees to provide Alexis29 with:

  1. Log in details for any existing accounts for the websites listed in the agreement.
  2. Authorized use of all of the Client’s logos, trademarks, website images, etc., for use in posts on the websites listed in the agreement.

The Client acknowledges the following with respect to services:

  1. a) Alexis29 has no control over the policies of the websites listed in the agreement.
  2. b) The Client’s account may be excluded from any of the websites listed in the agreement at any time at the sole discretion of the website.

Alexis29 is not responsible for posts made on the websites listed in the agreement by any other parties and any subsequent reactions, interactions or responses to these posts. Additional Services not listed in the agreement will be provided by Alexis29 subject to a quotation which will be charged according to the specification of work required and thereby agreed by the Client. Payment is to be made into a nominated bank account of Alexis29’s choice 30 days after the date of invoice. Alexis29 is not responsible for the Client overwriting or deleting any posts to the websites listed in the agreement. The duration of the service will be specified in the agreement alongside a commencement date. Thereafter, without 30 days prior notice of cancellation from the Client, Alexis29 will continue to provide Social Media services for a period of the same duration. Alexis29 reserves the right to cancel the service at any time. In this event the Client will not be required to pay for the remaining period of service. There is no cancellation period offered during the period unless agreed otherwise in writing by Alexis29. The agreement shall continue for the duration specified and, thereafter, the agreement shall be automatically renewed for successive periods of the same duration, unless: Either party notifies the other party of termination, in writing, at least 30 days before the end of the initial duration or any renewal period, in which case the agreement shall terminate upon the expiry of the applicable duration or renewal period. The Client agrees that it shall defend, indemnify, save and hold Alexis29, its agents, its customers, officers and employees harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Alexis29, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by its agents, employees or contractors. The Client agrees to defend, indemnify and hold harmless Alexis29 against liabilities arising out of:

  1. a) Any injury to person or property caused by any products sold or otherwise distributed in connection with Alexis29
  2. b) Any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party;
  3. c) Copyright infringement.

Alexis29 will not be responsible for any damages the Client’s business may suffer. Alexis29 makes no warranties of any kind, expressed or implied for services provided. Alexis29 disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Alexis29 and its employees. It is recommended that the Client keeps a backup of any important data. Alexis29 reserves the right to revise its Social Media policies at any time.

Graphic Design and Printing Services

Alexis29 will only commence work on a project once a deposit of 70% of the total amount due has been received from the Client or 100% where printed goods are being provided. The Client agrees to delegate a primary contact to aid Alexis29 in carrying out any project in a satisfactory and expedient manner. The Client agrees to provide Alexis29 with a designated email address for the purposes of communication regarding any project or services and ‘project sign off’ thereof. The Client agrees to provide Alexis29 with all the required information to complete a project in advance to ensure that work is carried out to the project lead time. The Client acknowledges that all completion dates and lead times provided by Alexis29 regarding a project are advisory only and that Alexis29 cannot guarantee project completion dates or lead times. Copyright is retained by Alexis29 on all design work including words, pictures, ideas, visuals and illustrations until all costs have been settled. Before any graphic project, image, copywriting or document is submitted for printing the customer will be asked to provide ‘project sign off’ either verbally or in writing via email. The customer assumes all responsibility for the contents of the files submitted for printing. Alexis29 hereby excludes itself, its Employees and or Agents from all and any liability from;

  1. a) Loss or damage caused by any inaccuracy in the files submitted for printing;
  2. b) Loss or damage caused by omission in the files submitted for printing;
  3. c) Loss or damage caused by delay or error, whether the result of negligence or other cause;
  4. d) Loss or damage to clients’ artwork/photos, supplied for printing.

The customer agrees to fully indemnify and hold Alexis29, its Employees and or Agents free from harm, loss or damage in any and all claims resulting from any of the reasons listed in the previous clause, points (a) to (d). Any costs arising from the need for reprinting for any purpose are the sole responsibility of the customer and thus payable by the customer.

Domain Name and Web Hosting Services

Transition and Implementation

At the request of the Client, Alexis29 will transfer the Website from its development servers to Alexis29 host’s servers. If the Website is being transferred to or from any third party host, an hourly rate will be charged, unless otherwise stated in the quote. Alexis29 will implement the hosting of the Website within ten (10) working days after the date of receipt of a copy of the Website. Within five (5) working days following notification from Alexis29 that the transfer of the Website to my host servers has been completed, the Client will comprehensively test the hosting of the Website and will inform Alexis29 of the results of those tests.

Maintenance

Alexis29 may suspend public access to the Client’s website in order to carry out scheduled maintenance or repairs. Subject to this, Alexis29 will use its best endeavors to maintain the Website availability. On Alexis29 will make back-ups of the Client’s Website every working day, and will retain such back-ups for twenty (20) days.

Client Responsibilities

The Client will provide Alexis29 with all co-operation, information and documentation reasonably required for the implementation and hosting of the Website, and the Client will be responsible for procuring any third party co-operation reasonably required for the implementation and hosting of the Website.

Domain Name and Web Hosting Charges and payment

Alexis29 will issue invoices for the Charges to the Client. The Client will pay the Charges to Alexis29, annually in advance for standard packages, and monthly for VPS or dedicated solutions. Charges must be paid by bank transfer or by cheque (using such payment details as are notified by Alexis29 to the Client from time to time). If the Client does not pay any amount properly due to Alexis29 under or in connection with these Terms and Conditions, Alexis29 may charge the Client statutory interest pursuant to the late payment legislation.

Limitations and exclusions of liability

  • Alexis29 will not be liable in respect of any loss of profits, income, revenue, use, production or anticipated savings the Client may incur.
  • Alexis29 will not be liable for any loss of business, contracts or commercial opportunities the Client may incur.
  • Alexis29 will not be liable for any loss of or damage to goodwill or reputation the Client may incur.
  • Alexis29 will not be liable in respect of any loss or corruption of any data, database or software the Client may incur.
  • Alexis29 will not be liable in respect of any special, indirect or consequential loss or damage the Client may incur.
  • Alexis29 will not be liable for any losses the Client may incur arising out of a Force Majeure Event.

Data protection

The Client warrants that it has the legal right to disclose all Personal Data that it does in fact disclose to Alexis29 under these Terms and Conditions, and that the processing of that Personal Data by Alexis29 for the purposes of and in accordance with these Terms and Conditions will not breach any applicable laws.

Publicity

The Client will not make any public disclosure relating to the Web Hosting Agreement (including press releases, public announcements and marketing materials) without the prior written consent of Alexis29, not to be unreasonably withheld or delayed.

Term and Termination

The duration of the Web Hosting Agreement shall be twelve (12) months unless agreed otherwise by the parties in writing. Thereafter, without 30 days prior notice of cancellation in writing from the Client, Alexis29 will continue to provide Web Hosting for a period of the same duration. Alexis29 may terminate the Web Hosting Agreement immediately by giving written notice to the Client if the Client:

 

(a) commits any material breach of any term of these Terms and Conditions, and:(i) the breach is not remediable; or (ii) the breach is remediable, but the other party fails to remedy the breach within 30 days of receipt of a written notice requiring it to do so; or

 

(b) persistently breaches these Terms and Conditions. Alexis29 may terminate the Web Hosting Agreement immediately by giving written notice to the Client if:

(a) the Client:(i) is dissolved;(ii) ceases to conduct all (or substantially all) of its business; (iii) is or becomes unable to pay its debts as they fall due; (iv) is or becomes insolvent or is declared insolvent; or(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;

(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;

(c) an order is made for the winding up of the Client, or the Client passes a resolution for its winding up (other than for the purpose of a solvent company re-organization where the resulting entity will assume all the obligations of the Client under this Agreement);

(d) (where the Client is an individual) that Client dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order. Alexis29 reserve the right to retain full ownership of all assets (including website files, databases and content) hosted on its server(s) in the event that:

(a) the Client:(i) is dissolved;(ii) ceases to conduct all (or substantially all) of its business;(iii) is or becomes unable to pay its debts as they fall due;(iv) is or becomes insolvent or is declared insolvent; or(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;

(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;

(c) an order is made for the winding up of the Client, or the Client passes a resolution for its winding up (other than for the purpose of a solvent company re-organization where the resulting entity will assume all the obligations of the Client under this Agreement)Alexis29 will retain such ownership until such time as all the Client’s outstanding debts have been paid to Alexis29 in full. Moreover, all data generated from the website whilst the Client still has outstanding debts payable to Alexis29 will be owned by Alexis29.

General

If a Clause of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of these Terms and Conditions will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).Nothing in these Terms and Conditions will constitute a partnership, agency relationship or contract of employment between the parties. These Terms and Conditions may not be varied except by a written document signed by or on behalf of each of the parties.

Force Majeure

Alexis29 shall have no liability to the Client under these terms and conditions if it is prevented from or delayed in performing its obligations under these terms and conditions, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Alexis29 or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Client is notified of such an event and its expected duration.

Data Privacy

To the extent any personal data is collected or processed under or in connection with these Terms and Conditions, such personal data shall be collected or processed in accordance with applicable law and the seller privacy policy (and where applicable cookies policy) located at https://alexis29.com/privacy-policy-2/

Waiver

A Waiver of any right under these terms and conditions is only effective if it is in writing. It applies only to the party to whom the waiver is addressed and to the circumstances for which it is given. Unless specifically provided otherwise, rights arising under these terms and conditions are cumulative and do not exclude rights provided by law.

Severance

If any provision (or part of a provision) of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Assignment

The Client shall not, without the prior written consent of Alexis29, assign, transfer, charge, sub-contract, or deal in any other manner with all of any of its rights or obligations under these terms and conditions. Alexis29 may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights and obligations under these terms and conditions.

No Partnership or Agency

Nothing in these terms and conditions is intended to or shall operate to create a partnership between the Client and Alexis29, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

Third Party Rights

These terms and conditions do not confer any rights on any person or party (other than the parties to these terms and conditions and, where applicable, their successors and permitted assigns) pursuant to the Contracts.

Complaints

Complaints must be sent in writing to contact@alexis29.com