Terms

WEBSITE USAGE

Your access to and use of unstuck design (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

3 CHANGES TO WEBSITE

unstuck design reserves the right to:

3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that unstuck design shall not be liable to you for any such change or removal; and

3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4 LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5 COPYRIGHT

5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to unstuck design or otherwise used by unstuck design as permitted by law.

5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6 DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

6.2 To the extent permitted by law, unstuck design will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

6.3 unstuck design makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of unstuck design for death or personal injury as a result of the negligence of unstuck design or that of its employees or agents.

7 INDEMNITY

You agree to indemnify and hold unstuck design and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against unstuck design arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

 

TERMS AND CONDITIONS OF BUSINESS

These terms are applicable for all commissions.

All services provided by Unstuck Design Ltd to the Customer are subject to the following terms and conditions.

1. Acceptance.

By placing an order with Unstuck Design Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.

2. Charges.

Charges for services to be provided by Unstuck Design Ltd are defined in the project quotation that the Customer receives via e-mail. Quotations are valid for a period of 30 days. Unstuck Design Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Charges for design work does not cover the release of any source files including but not limited to png, psd, ai or fla files; if the Customer requires these items then a separate quotation can be prepared.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to Unstuck Design Ltd and sent to Renshaw Barns, Upper Woodford, Salisbury, SP46FA.

3. Customer Review.

Unstuck Design Ltd will provide the Customer with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies Unstuck Design Ltd otherwise within ten (10) days of the date the materials are made available to the Customer. If changes are requested that have previously be signed off further changes will be charged at the hourly rate.

4. Project Sign Off.

It is the Customer’s sole responsibility to thoroughly check any project artwork proof that is sent for final approval before web or print production. Any amendments not noticed at this stage will become your responsibility, this includes typographic errors, spelling errors and/or any other unintentional human errors in the supplied/published file(s). Unstuck Design Ltd will not take responsibility for and will not compensate for any artwork that has been sent to print or published online with errors of any kind AFTER the files have been signed off for print or digital publication by the Customer so please check all final artwork files carefully to avoid disappointment.

5. Turnaround

Time and Content Control. Unstuck Design Ltd will install and publicly post or supply the Customer’s Web site by the date specified in the project proposal, or if no such date is specified within a professional and timely manner.

In return, the Customer agrees to delegate a single individual as ‘first-point-of-call’ to aid Unstuck Design Ltd with progressing the commission in a satisfactory and expedient manner.

During the project, Unstuck Design Ltd will require the Customer to provide copy and images. If content is not provided within eight (8) weeks from the original email request then the Customer is considered to be in default of the commission, the project will be terminated and the Customer sent the final invoice for immediate payment. Unstuck Design Ltd will agree, at its discretion, to recommence the commission after agreement is reached on a new quotation document and once the original fees have been payed.

6. Payment.

Invoices will be provided by Unstuck Design Ltd upon completion of the work for Web Design and any associated services. Invoices are normally sent via email; however, the Customer may elect to receive hard copy invoices. Invoices are due within 30 days of invoice date. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £25 per month of the total amount due.

7. Default.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on Unstuck Design Ltd’s Web space, Unstuck Design Ltd will, at its discretion, remove all such material from its web space. Unstuck Design Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Customer’s account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay Unstuck Design Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Unstuck Design Ltd in enforcing these Terms and Conditions.

8. Termination.

Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

9. Legal Restrictions.

Terms and Conditions relating to hosting account content and usage may be found at here

10. Copyright.

The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Unstuck Design Ltd the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Unstuck Design Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Unstuck Design Ltd from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to Unstuck Design Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. Unstuck Design Ltd is not responsible for checking copyright permissions for website content and cannot be held liable for any breaches of copyright/third party intellectual property.

11. Standard Media Delivery.

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Unstuck Design Ltd to return to the Customer any images or printed material provided for use in creation of the Customer’s Web site, such return cannot be guaranteed.

12. Design Credit.

A link to Unstuck Design Ltd will appear in either small type or by a small graphic at the bottom of the Customer’s Web site. If a graphic is used, it will be designed to fit in with the overall site design.

13. Access Requirements.

If the Customer’s Web site is to be installed on a third-party server, Unstuck Design Ltd must be granted temporary read/write access to the Customer’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

14. Post-Placement Alterations.

Unstuck Design Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Customer’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

15. Domain Names.

Unstuck Design Ltd may purchase domain names on behalf of the Customer. Payment and renewal of those domain names is the responsibility of the Customer. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Unstuck Design Ltd. The Customer should keep a record of the due dates for payment to ensure that payment is received in good time.

16. General.

These Terms and Conditions supersede all previous representations, understandings or agreements. By placing an order with Unstuck Design Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.

17. Governing Law.

This Agreement shall be governed by English Law.

Hosting terms and conditions

The following Terms Of Service apply to ALL UNSTUCK DESIGN LTD customers using Unstuck Design’s Hosting either under trading name Sun Powered Website or Unstuck Design Ltd.:
 
The spirit of the Terms Of Service (“TOS”) is to ensure customers are using UNSTUCK DESIGN LTD’s services with due regard to the rights of other Internet users and in conformity with the requirements of UNSTUCK DESIGN LTD’s network environment. The TOS are not exhaustive and UNSTUCK DESIGN LTD reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.UNSTUCKDESIGN.com or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to abuse@Unstuck Design.com . This TOS supersedes any other agreement with UNSTUCK DESIGN LTD, whether written, oral, by conduct, or otherwise.

Unstuck Design Hosting Services
UNSTUCK DESIGN LTD’s services include, but are not limited to:

1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that UNSTUCK DESIGN LTD provides to customers);

2. any use by customers, or any access provided to customers by UNSTUCK DESIGN LTD, of computing, telecommunications, software, information, hardware, and equipment;

3. any act, or provision of any service, by UNSTUCK DESIGN LTD to customers, related to Web hosting, virtual desktops, domain name registrations and domain name transfers (including server usage and technical support), regardless of duration and whether paid for or not;

4. any provision by UNSTUCK DESIGN LTD to customers, of any space, Internet connectivity, or electrical power;

5. any access or use related to the UNSTUCK DESIGN LTD’s Web site, including the Web site itself;

6. any other service mentioned in the TOU;

7. any other service provided by UNSTUCK DESIGN LTD to customers, whether used or not;

8. any other UNSTUCK DESIGN LTD services that are used by customers, whether offered or provided by UNSTUCK DESIGN LTD to customers.

Domain Name Renewal And Expiration

UNSTUCK DESIGN LTD makes every reasonable effort to make sure you know your domain name registration is coming due. We do NOT pick up the phone and call clients and we do not try and track clients down to let them know their domain name registration is expiring. It is solely the responsibility of the client to ensure that all the information is up to date on their domain name registration. If the client does not know their login info to manage and update their domain name registration, then they can call or e-mail support and we will gladly provide the information. Your website and email will be off the internet once the domain name expires and you could potentially loose business. If you don’t receive a renewal message then it is most likely caused by not having the correct email address in the domain name registration system or the message is caught by your spam filter. It is extremely important that you keep this information up to date to avoid any interruption of service. If a domain name is expired and you want to renew the domain name simply call UNSTUCK DESIGN LTD and ask for the domain name registration department. If the domain name is expired more than 40 days then the name goes into redemption period by the registrar. They require a substantial amount of money to pull the name out of redemption. UNSTUCK DESIGN LTD is NOT in any way responsible for clients that let their domain name(s) expire.

Ownership of Web Site

The legal owner of customers’ Web sites and accounts with UNSTUCK DESIGN LTD will be the individual or organization whose name is listed in UNSTUCK DESIGN LTD’s database as the owner. Customers will fully cooperate with and abide by any and all of UNSTUCK DESIGN LTD’s security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with UNSTUCK DESIGN LTD.

Illegal Use

UNSTUCK DESIGN LTD servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing UNSTUCK DESIGN LTD services, all UNSTUCK DESIGN LTD customers certify that they and/or the organization they represent in procuring services from UNSTUCK DESIGN LTD are not, nor have been designated, a suspected.

Spamming

Sending unsolicited bulk and/or commercial messages (“UCE”) over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to UNSTUCK DESIGN LTD’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a UNSTUCK DESIGN LTD server, and selling or distributing software (on a Web site residing on a UNSTUCK DESIGN LTD server) that facilitates spamming. Violators will be assessed a non-refundable minimum fine of £200 GBP and will face immediate suspension. UNSTUCK DESIGN LTD reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse

Violations of system and/or network security are prohibited and may result in criminal and civil liability, and/or reduction and/or restriction of network or server resources. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. You are responsible to report any weakness you discover in the security of UNSTUCK DESIGN LTD’s computing resources to UNSTUCK DESIGN LTD. You are not to explore a weakness on your own as this may be interpreted as intentionally tampering with UNSTUCK DESIGN LTD’s resources and be treated as a violation of criminal law. If you wish to assist in resolving a security weakness in the system, you should contact UNSTUCK DESIGN LTD for authority to act and for further instruction.

Viruses and Other Destructive Activities

Use of UNSTUCK DESIGN LTD’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use UNSTUCK DESIGN LTD’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations

The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All UNSTUCK DESIGN LTD customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a UNSTUCK DESIGN LTD customer (per the DMCA) to UNSTUCK DESIGN LTD must follow the below procedures. Copyright infringement notifications submitted to UNSTUCK DESIGN LTD according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at UNSTUCK DESIGN LTD’s sole discretion.

Adult Content

Pornography and sex-related merchandising are prohibited on UNSTUCK DESIGN LTD servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Child Pornography

The use of UNSTUCK DESIGN LTD’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. UNSTUCK DESIGN LTD is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Privacy

UNSTUCK DESIGN LTD is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, UNSTUCK DESIGN LTD urges its customers to assume that all of their on-line communications are insecure. UNSTUCK DESIGN LTD has taken every step in securing its servers and network, although we cannot take any responsibility for the security of information transmitted over UNSTUCK DESIGN LTD’s facilities. Additional details on privacy and UNSTUCK DESIGN LTD’s use of customer information can be found in UNSTUCK DESIGN LTD’s Privacy Policy located here.

Customer Responsibility

Customers are required to use the UNSTUCK DESIGN LTD network and/or servers responsibly. This includes respecting the other customers of UNSTUCK DESIGN LTD. UNSTUCK DESIGN LTD reserves the right to suspend and/or cancel service with any customer who uses the UNSTUCK DESIGN LTD network in such a way that adversely affects other UNSTUCK DESIGN LTD customers. While UNSTUCK DESIGN LTD may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, UNSTUCK DESIGN LTD does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOS. However, when UNSTUCK DESIGN LTD becomes aware of any violation of the TOS or other user agreements, UNSTUCK DESIGN LTD may take any action to stop or correct such violation, including, but not limited to, denying access to UNSTUCK DESIGN LTD’s services and equipment or to the Internet. In addition, UNSTUCK DESIGN LTD may take action against a customer or a customer of such customer because of the activities of such customer. UNSTUCK DESIGN LTD anticipates that customers who offer Internet services will cooperate with UNSTUCK DESIGN LTD in any corrective or preventive action that UNSTUCK DESIGN LTD deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of UNSTUCK DESIGN LTD policy and UNSTUCK DESIGN LTD reserves the right to take any such action even though such action may affect other customers of the UNSTUCK DESIGN LTD customer. You are responsible for retrieving your e-mail, web site files, and all other information stored on our servers that is owned by you, prior to canceling your account. You are responsible to report any weakness you discover in the security of UNSTUCK DESIGN LTD’s computing resources to UNSTUCK DESIGN LTD.

Actions Taken by UNSTUCK DESIGN LTD

The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. UNSTUCK DESIGN LTD will be the sole arbiter as to what constitutes a violation of the TOS. UNSTUCK DESIGN LTD reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When UNSTUCK DESIGN LTD becomes aware of an alleged violation of its TOS, UNSTUCK DESIGN LTD will initiate an investigation. During the investigation, UNSTUCK DESIGN LTD may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, UNSTUCK DESIGN LTD may, at its sole discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, UNSTUCK DESIGN LTD will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. UNSTUCK DESIGN LTD does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by UNSTUCK DESIGN LTD.  Websites found in violation of this TOS policy are subject to account termination without notice and any refunds are void. Violations of system or network security are prohibited and may result in criminal and civil liability.

Indemnification

UNSTUCK DESIGN LTD customers agree to protect, defend, hold harmless, and indemnify UNSTUCK DESIGN LTD, any third party entity related to UNSTUCK DESIGN LTD (including, without limitation, third party vendors), and UNSTUCK DESIGN LTD’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as UNSTUCK DESIGN LTD, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of UNSTUCK DESIGN LTD’s services.

Disclaimer

The UNSTUCK DESIGN LTD service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. UNSTUCK DESIGN LTD expressly disclaims any representation or warranty that the UNSTUCK DESIGN LTD service will be error-free, secure or uninterrupted. No oral advice or written information given by UNSTUCK DESIGN LTD, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. UNSTUCK DESIGN LTD and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, UNSTUCK DESIGN LTD may immediately terminate provision of UNSTUCK DESIGN LTD’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against UNSTUCK DESIGN LTD in such event.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL UNSTUCK DESIGN LTD (INCLUDING, WITHOUT LIMITATION, UNSTUCK DESIGN LTD’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS UNSTUCK DESIGN LTD, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING UNSTUCK DESIGN LTD’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR UNSTUCK DESIGN LTD SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY UNSTUCK DESIGN LTD SERVICES EVEN IF UNSTUCK DESIGN LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNSTUCK DESIGN LTD’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR UNSTUCK DESIGN LTD’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY UNSTUCK DESIGN LTD OR UNSTUCK DESIGN LTD’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 1-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

UNSTUCK DESIGN LTD may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, service, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with UNSTUCK DESIGN LTD’s services. Certain changes to UNSTUCK DESIGN LTD’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and UNSTUCK DESIGN LTD is not liable, for any and all such personalised applications and content, except as expressly agreed to by UNSTUCK DESIGN LTD.

Backup of Data

Except where UNSTUCK DESIGN LTD has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and UNSTUCK DESIGN LTD is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with UNSTUCK DESIGN LTD services. You are responsible to make any back-ups of electronically stored data which you have created or maintain. UNSTUCK DESIGN LTD assumes no responsibility for lost or corrupted data.

Third Party Licenses

UNSTUCK DESIGN LTD makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, UNSTUCK DESIGN LTD makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, UNSTUCK DESIGN LTD specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold UNSTUCK DESIGN LTD liable in any way for the revocation of any license, which has been licensed to UNSTUCK DESIGN LTD. The use of the Technologies obtained from or through UNSTUCK DESIGN LTD, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-UNSTUCK DESIGN LTD Products

Any mention of non-UNSTUCK DESIGN LTD products by UNSTUCK DESIGN LTD, its employees, or any third party entity related to UNSTUCK DESIGN LTD is for information purposes only and does not constitute an endorsement or recommendation by UNSTUCK DESIGN LTD. UNSTUCK DESIGN LTD disclaims any and all liabilities for any representation or warranty made by the vendors of such non-UNSTUCK DESIGN LTD products or services.

UNSTUCK DESIGN LTD’s Intellectual Property

Customers will not, without UNSTUCK DESIGN LTD’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on UNSTUCK DESIGN LTD’s Web site, UNSTUCK DESIGN LTD related documents, media, and/or publishing’s; and customers will not use any of UNSTUCK DESIGN LTD’s trademarks, service marks, copyrighted materials, or other intellectual property without UNSTUCK DESIGN LTD’s express written consent. Customers will not, in any way, misrepresent their relationship with UNSTUCK DESIGN LTD, attempt to pass themselves off as UNSTUCK DESIGN LTD, or claim that customers are UNSTUCK DESIGN LTD.

Assignment

Customers may not assign or delegate their rights or obligations under the TOS or other agreement for UNSTUCK DESIGN LTD’s services, either in whole or in part, without the prior written consent of UNSTUCK DESIGN LTD.

Minimum Age Requirement

UNSTUCK DESIGN LTD customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOS in order for the Minor to become a UNSTUCK DESIGN LTD customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for UNSTUCK DESIGN LTD services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains UNSTUCK DESIGN LTD’s express written consent to the contrary. Any acceptance of the TOS or any other agreement for UNSTUCK DESIGN LTD’s services will be deemed null and void to the extent that UNSTUCK DESIGN LTD will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of UNSTUCK DESIGN LTD’s services.

Governing Law and Severability

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

Force Majeure

UNSTUCK DESIGN LTD will not be liable for delays in its performance of the TOS or UNSTUCK DESIGN LTD services caused by circumstances beyond UNSTUCK DESIGN LTD’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). UNSTUCK DESIGN LTD will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOS or other agreement for UNSTUCK DESIGN LTD services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of UNSTUCK DESIGN LTD.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between UNSTUCK DESIGN LTD and its customers. Each of UNSTUCK DESIGN LTD and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for UNSTUCK DESIGN LTD services, constitutes the complete understanding and agreement between UNSTUCK DESIGN LTD and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of UNSTUCK DESIGN LTD, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for UNSTUCK DESIGN LTD services is between UNSTUCK DESIGN LTD and its customers only and will not confer any rights in any third party except as otherwise expressly provided by UNSTUCK DESIGN LTD.