Terms & Conditions
Last updated: 20 May 2022
1. Interpretation
1.1 Definitions
1.1.1 We/us/our/PagePlay Limited, which is the owner of the PagePlay system.
1.1.2 You/your: the client or customer as named at the start of this document. The term applies both to a purchasing organisation as well as the individuals from that organisation who are users of the service.
1.1.3 The service/services/PagePlay: the content management system, hosting, email and other services or facility provided by us to you.
1.1.4 Server: the computer equipment operated by us in connection to the services provided
1.1.5 Charges: the charges payable by the customer for the provision of services details of which are given during sign-up and may vary from time to time.
1.1.6 Subscribed period: the period of time which has been paid for in advance. This is usually either one year or one calendar month.
1.1.7 Subscription: the relationship you undertake with us by which you pay in advance for services as outlined.
1.2 Include
1.2.1 The words "include" and "including" are to be construed without limitation.
1.3 Headings
1.3.1 The headings in this document are for convenience only and shall not affect the interpretation of these conditions.
2. Setup process
2.1 Order acceptance: we have not accepted a customer application and order until account setup and you receive the 'welcome' email including all details specific to your account. Until this time, we reserve the right to refuse, cancel or reject any order made by the customer. In such cases, a full refund will be made using the same method as payment was originally made.
2.2 Setup fees for PagePlay are payable in advance. We will not undertake any work on your website until your setup invoice has been paid.
2.3 Setup fees are non-refundable and cover the specific scope of work laid out in your initial invoice. Further design work beyond the scope of the setup invoice will not be covered and may result in additional charges.
2.4 During the setup procedure you are assigned approximately 28 days before your subscription to PagePlay begins. Once this subscription begins you will receive monthly invoices for your subscription which must be paid in order to sustain your services. This still applies even if you have not given the go-ahead for your site to be made live.
3. Refunds
3.1 Subscriptions to the service are paid for in advance and refunds are only offered and/or granted in the most exceptional circumstances and totally at our discretion.
4. Cancelling your services
4.1 In order to cancel your services, you must notify us explicitly in writing (by email or post) that you wish to do this. This is your Cancellation Notification. You must state the date you wish for services to be terminated on.
4.2 Any and all outstanding invoices we have issued to you must be settled by the date of cancellation.
4.3 We reserve the right to withhold any assets we have if your invoices remain unpaid. This may include and not be limited to: graphic design work, domain names and/or content.
4.4 In order for us to supply content to you which has been entered to PagePlay during your subscription, you must express this request explicitly in your Cancellation Notification.
5. Misuse
5.1 Spam / Unsolicited Mass E-mail: the sending of Unsolicited Commercial Email (SPAM) through our servers promoting any website or through third party servers promoting a website hosted by us can result in the suspension or termination of the customers web hosting account without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear 'opt in' methods and a strict removal procedure is published in all mailings. 'Safelists' and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be investigated.
5.2 Account Use: under no circumstances must our servers be used for the hosting or communication of, reference to or linking to any of the following:
5.2.1 nudity, pornography, anything of a sexual, lewd, or obscene nature;
5.2.2 violations of any copyright or any other right of any third party;
5.2.3 threatening, abusive, harassing, defamatory statements;
5.2.4 promotion of illegal activities (hacking, cracking, etc);
5.2.5 information or software containing or about any kind of virus;
5.2.6 hate speech or hate propaganda;
5.2.7 the collection of personal information for illegal purposes;
5.2.8 content deemed by us at our sole discretion to be harmful to us.
5.3 Where we receive a complaint from a third party about content hosted on your site, we reserve the right to suspend the account for a reasonable time while we investigate the matter. Your subscription will be refunded on a pro-rata basis during such suspension.
5.4 You are not permitted to use your PagePlay website to promote any other web design or web development services other than those offered by PagePlay Limited except with our express permission.
6. Subscription
6.1 Your PagePlay subscription is billed every calendar month inclusive of VAT and payment is taken to cover your services for the month ahead.
6.2 It is your responsibility to pay your monthly subscription within 3 days of receiving your invoice each month. Paying by standing order is the preferred method to ensure that this happens on time.
6.3 Subscription invoices remaining unpaid for longer than 30 days results in your services being suspended until payment is received. This usually means your website being unavailable to visitors, but can also mean suspension of your email service.
6.4 Invoices: all invoice notifications will be sent via email. You are responsible for ensuring the email address we send your invoices to is up-to-date.
6.3 Bank charges: you are responsible for the provision of sufficient funds in your account and we will not be held responsible for any charges incurred as a result of overdrawing of the bank account or credit card or as a result of failed transactions.
6.4 Currencies: all invoices and payments are processed in GB Pound Sterling. All customers are advised to check amounts using accurate recent exchange rates before ordering.
7. Backups
7.1 Backups are made by us each day, then transferred to a remote file host and retained for up to 90 days. However, no guarantee's are made of any kind as to the integrity of these backups. If significant financial or operational damage may occur from a failed backup, specific arrangements should be made for a bespoke backup programme.
8. Fair usage policy
8.1 PagePlay Limited does not apply fixed limits to the resource usage on accounts. However, when an account is found to frequently use significantly more resources than is considered reasonable by PagePlay Limited, the account owner may be requested to adjust resource usage as indicated. When the excessive resource usage is not reduced following such a request, PagePlay Limited reserves the right to terminate the account, or to demand that the account be upgraded / converted to a more suitable product.
8.2 Resources affected by this policy include, but need not be limited to, network transfer, CPU load, and memory usage.
9. Customer Responsibility
9.1 Contact information: you are responsible for keeping your contact details up to date. If you wish to change your contact details, please contact support. We cannot be held responsible for any errors which result of the customers failure to update their details.
9.2 Sensitive data: you are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, you are required to request a change of login details by contacting help@pageplay.com
10. Limitation of Liability & General Terms
10.1 We are not responsible for any claimed damages, which may result from our servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The customer agrees to indemnify and hold us and our employees harmless from any claims, damages, including but not limited to consequential damages resulting from the use of the service which damages the customer or any other party.
10.2 We will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these terms may incur in criminal or civil liability.
10.3 Where we consider that a customer where a customer has failed to meet or follow any of the above Terms and Conditions, and (where rectifiable) has failed to rectify such breach within 7 days of being notfied of such breach, we may suspend and/or determine an account without further notice.
10.4 For clients with multiple accounts, where clause 10.3 applies to one or more account, we reserve the right to suspend all accounts of that customer on the same basis.
11. Modification
11.1 We reserves the right to add, delete, or modify these Terms and Conditions, our service, prices and website at any time with notice provided via WWW and announcements sent to all registered customer email addresses. All customers are encouraged to check this document at least once a month to ensure they are aware of any changes.