1. Definitions

• “Company,” “we,” “our”: Splash Graphix Limited.
• “Customer,” “you,” “your”: the individual or entity that subscribes to our services.
• “Services”: website design/build services and website hosting provided by the Company, utilis­ing WordPress and related plugins, as described on the Company’s website and in service agreements.
• “Free Trial”: a 14-day trial period during which access to Services is provided without charge.
• “Subscription”: the paid, ongoing engagement for hosting and/or website build services after the Free Trial, billed monthly.
• “Payment Method”: the credit or debit card provided by the Customer for the Services.
• “WordPress”: the open-source content management system used as the underlying platform for Services.

2. Acceptance of Terms

By signing up for the Free Trial or using any part of the Services, you agree to these Terms and any policies referenced herein. If you do not agree, do not sign up or use the Services.

3. Services Offered

• The Company provides website design/build services and hosting, primarily using WordPress and associated plugins.
• The Company charges a monthly fee for ongoing hosting and/or design/build services, as described at signup.
• The Company may update, modify, or discontinue features or Services from time to time, with reasonable notice where practicable.

4. Free Trial

• The Free Trial lasts 14 days from the date of activation.
• During the Free Trial, you will have access to the Services as described at signup, with no charge incurred. The Free Trial includes:
  • Building a sample website with WordPress.
  • Access to the WordPress admin area for that sample site.
  • A sample of interaction with the developer to access our service.
• The Free Trial does not include access to:
  • A free domain name.
  • Email services.
  • Timeline Backup Pro.
• Once a purchase is made, full access will be granted in accordance with the Subscription terms. If you do not purchase, access beyond the trial period will terminate.

5. Payment and Billing

• After the Free Trial ends, the Subscription will automatically renew on a monthly basis and the Customer will be charged the applicable monthly fee using the Payment Method on file.
• By providing Payment Method details, you authorised the Company to charge all applicable fees for the Services.
• You are responsible for the accuracy and validity of your Payment Method information and for any charges resulting from invalid or expired payment details.
• Prices are quoted in the currency displayed at signup and are subject to change with prior notice in accordance with Section 9 (Changes to Terms).

6. Cancellation and Termination

• You may cancel your Subscription at any time through the Customer Portal or by contacting Customer Support. Cancellation will take effect at the end of the current billing period.
• The Free Trial is non-transferable and limited to one trial per customer. Repeated trials may be denied at the Company’s discretion.
• The Company may terminate or suspend the Services immediately if you breach these Terms, or for safety, legal, or technical reasons, including but not limited to violations of law or infringement of third-party rights.

6A.Ownership, Hosting and License Rights

• Your subscription includes the building of your website and the associated hosting services.
• The monthly fee covers the hosting and design costs for the website during the term of the subscription.
• Ownership of the website design remains with Splash Graphix Ltd for a period of 3 years from the date of activation of the subscription to cover our design costs.
• Your website is built using WordPress, an open-source software. This section does not constitute a license to WordPress itself. The license granted herein is limited to the use and operation of the website designed by Splash Graphix Ltd as part of the website design service for the duration of your subscription.
• During this 3-year period, the website may not be moved to a different web hosting provider or hosted elsewhere.
• After the 3-year period, ownership and full control of the website may be transferred to you in accordance with the applicable terms and conditions, subject to any applicable fees, licenses, or outstanding balances.
• You may withdraw from your subscription at any time, but if withdrawal occurs prior to the end of the 3-year ownership term, ownership retention terms apply and the website may be lost.
• A backup of your website will be kept on file for 6 months following termination and can be restored if required and if the subscription is renewed. Restoration is subject to additional charges.
• This section does not affect any third-party copyrights or licenses associated with components of the website that are owned by their respective licensors, unless otherwise stated.
• If you terminate the subscription before the end of the 3-year period, ownership retention terms remain as stated unless otherwise agreed in writing.

7. Refunds

• Free Trials are free; no charge is incurred during the Free Trial period.
• Refunds for charged periods, if any, are subject to the Company’s Refund Policy (see Section 12) and applicable law. Some exclusions may apply for partial-month usage or improper cancellation.

8. Intellectual Property

• The Company grants you a non-exclusive, non-transferable licence to use the Services for your own business purposes during the term of your Subscription.
• WordPress is open-source software; the Company does not own WordPress. All third-party plugins and themes are subject to their respective licence terms.
• You retain ownership of content you upload to your website, subject to licence terms you provide to the Company. The Company reserves the right to remove content that violates these Terms or applicable law.

9. Content and Data

• You are responsible for the content hosted on our Services. The Company is not liable for any content you or your users publish.
• The Company will implement reasonable measures to protect your data in accordance with its Privacy Policy and applicable data protection laws.
• You grant the Company a licence to use, host, and process your content solely to provide the Services.

10. Security and Compliance

• The Company employs reasonable security measures to protect Services and data but does not guarantee absolute security.
• You are responsible for maintaining access credentials and for configuring any third-party integrations in a secure manner.

11. Service Levels and Support

• The Company will provide standard support as described in the Service Level Description or Support Policy.
• The Company will make reasonable efforts to maintain uptime and performance but does not guarantee uninterrupted service. In case of outages, the Company will communicate progress and ETA for resolution as appropriate.

12. Fees, Taxes, and Price Changes

• Fees for hosting and/or build services are specified at signup and may be updated by the Company with prior notice.
• Taxes may apply depending on jurisdiction.
• You will be charged automatically on the billing date for the Subscription, unless you have cancelled prior to the renewal date.

13. Limitation of Liability

• To the maximum extent permitted by law, the Company and its affiliates, officers, employees, and contractors are not liable for indirect, incidental, special, punitive, or consequential damages, or for loss of profits, data, or business.
• The Company’s total liability for any claim arising out of or related to the Services will not exceed the amount paid by you for the Services in the 12 months preceding the claim.

14. Indemnification

• You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, losses, liabilities, and expenses arising from your use of the Services, your content, or your violation of these Terms.

15. Privacy

Your use of the Services is governed by the Company’s Privacy Policy, which explains how we collect, use, store, and share information. By using the Services, you consent to our data practices as described in the Privacy Policy.

16. Third-Party Services and Plugins

• The Services may integrate with third-party services and plugins (including WordPress plugins). Your use of such services is governed by their own terms and privacy policies.
• The Company is not responsible for the availability or functionality of third-party services.

17. Changes to Terms

• The Company may modify these Terms from time to time. If material changes are made, you will be informed and may have the option to cancel without penalty if the changes adversely affect you. Continued use after changes constitutes acceptance of the new Terms.

18. Governing Law and Disputes

These Terms are governed by the laws of England and Wales. Any disputes will be resolved in the courts of England and Wales, subject to mandatory consumer protection laws where applicable.

19. Force Majeure

The Company is not liable for failures or delays due to events beyond reasonable control, including acts of God, natural disasters, or government actions.

20. Entire Agreement

These Terms, together with any Service Level Descriptions, Privacy Policy, and any signed Order Forms, constitute the entire agreement between you and the Company regarding the Services.

21. Contact Information

For questions about these Terms, contact us at: web@splashgraphix.co.uk, 0161 388 7200 , Splash Graphix, The Vault, 27 Stockton Road, Manchester, M21 9FB.