ORDER A WEBSITE

Terms and conditions

§1
Preliminary provisions

  1. The following Terms of Use are addressed both to Consumers and Entrepreneurs using the Shop. They define the online Shop usage rules, as well as the principles and procedures for contracting clients remotely via the Shop.

§2
Definitions

  1. Consumer – a natural person forming a contract with the Seller, the subject of which is not directly connected with its commercial or professional activities.
  2. Seller – Cleverrank Limited
  3. Client – every entity making a purchase via the Shop.
  4. Entrepreneur – natural person, legal entity or business entity not possessed of legal personality, running a business on their own behalf who uses the Shop.
  5. Shop – online shop run by the Seller under the URL https://cleverrank.co.uk
  6. Distance contract – a contract made with the Client as part of an organised system of distance contracts (made within the Shop) that doesn’t require the physical presence of both parties, with an exclusive implementation of one or more means of long-distance communication until the contract is concluded.
  7. Terms of Use – this Shop’s terms of use.
  8. Order – an expression of the Client’s will made using the Order Form, leading directly to contracting a Service Contract.
  9. Order Form – interactive form available in the Shop, allowing the Client to make an Order and determine the conditions of the Contract of Sale.
  10. Product – a service available at the Shop that is the object of the Service Contract contracted between the Client and the Seller  https://cleverrank.co.uk
  11. Contract of Sale – a Service Contract and Contract of Mandate

§3
Technical requirements

In order to use the Shop, including browsing the Shop’s product range and making Product orders, the following is required:

  1. terminal equipment with internet access and a web browser;
  2. an active email account;
  3. Cookies enabled;
  4. JavaScript enabled.

§4
General information

  1. The Seller, to the fullest extent permitted by law, is not responsible for any disruptions, including breaks in the Shop’s proper functioning as a result of force majeure, unauthorised activity performed by a third party, as well as the Shop’s incompatibility with the Client’s technical infrastructure.
  2. Browsing the Shop’s product range does not require creating an Account. The Client can order Products on the Shop’s offer through an order form.
  3. The prices provided are in GBP and are net prices – VAT tax is added to them at the current rate.

§5
Terms of Order

In order to make an Order, you must:

  1. enter the shop’s website;
  2. choose the Module/Modules that constitute the Order,
  3. make an Order by clicking “Next”
  4. fill out the Order Form by entering the data of the Order’s recipient, as well out fill out the data for the invoice, should they differ from the data provided for the Order,
  5. after making an order, the Seller issues a pro forma invoice, which is then sent to the email address provided by the Client.

§6
Available payment methods

  1. The client may pay by bank transfer to the account shown on the pro forma invoice.

§7
Executing the service contract

  1. A Contract of Sale between the Client and the Seller is contracted after the Client has made an Order in the manner described in § 5 of the Terms of Use.
  2. After making an Order, the Seller immediately issues a pro forma invoice for 40% of the value of the remuneration, which is sent to the Client to the email address provided. Along with the pro forma invoice, the Seller sends the buyer information on the materials which are necessary for the creation of a website, which the Client is obligated to provide within 14 days. 7 days after the funds are booked, the Seller is to provide the Client with a proposal of the photos that are to be used on the website. If none of the proposed photographs are approved by the Client, the Seller must provide the Client with a link to a collection of photos that the Buyer can choose 4 photos from to use on the website
  3. Within 14 days after the pro forma invoice has been paid, or the day of the booking of the funds on the Seller’s accounts, as well as providing the Seller with the materials discussed in pt. 2, the Seller will launch a draft version of the website on their hosting and domain, sending the link to the website to the Client for approval. Should the Client not pay the pro forma invoice within the time established in the previous sentence, the contract is terminated.
  4. Failure to provide the material within the appointed time is treated as the termination of the contract.
  5. Within 7 days since receiving the link, the Client has the right to submit comments regarding the project. The lack of comments within that time is treated as the approval of the project sent. Within 7 days after receiving the comments, the Seller will make corrections (changes), as long as they don’t involve changing modules and will in no manner extend beyond the scope of the order.
  6. After approval (including a silent approval) of the website, the Seller issues a pro forma invoice for 60% of the remuneration and sends it to the Client. Within 7 days of the payment of the pro forma invoice (by which it is understood that the funds are booked on the Seller’s account), the Seller moves the project to the Client’s hosting and domain. Should the pro forma invoice not be paid within this time limit, the Seller will not move the website project to the Client’s hosting and domain.
  7. The Client’s domain, to which the new website will be moved, must meet the technical requirements for launching WordPress. A description of the requirements can be found at the following link: pl.wordpress.org/about/requirements
  8. In order to move the website, the Seller must obtain FTP access from the Client, as well as access to the newly created database (via phpMyAdmin).
  9. The price does not include domain and hosting, but it does include maintenance (updating the theme, plugins, and WordPress) performed at least once a quarter for half year since launching the website on the Client’s domain. After that year, the Seller may perform site maintenance at an additional fee.

§8
Copyright

  1. The Client cannot copy the website. It can only be edited within the domain in which it was launched by the Seller. Moving the website to a different domain is possible at an additional fee.
  2. The client is obligated to comply with the following licences, implemented during the performance of the contract:
  • https://themeforest.net/licenses/terms/regular
  • https://codecanyon.net/licenses/terms/regular
  • http://scripts.sil.org/cms/scripts/page.php?site_id=nrsi&id=OFL_web
  • http://fontawesome.io/license/
  • https://www.gnu.org/licenses/gpl-3.0.en.html
  • https://www.gnu.org/licenses/old-licenses/gpl-2.0.html

§9
Maintenance

The Seller guarantees technical maintenance of the website for a half year, including updating the theme, WordPress and plugins once per quarter. Within this time, the Seller creates website backups. In order for maintenance to occur, the Seller must possess constant access to the catalogue on the website’s host, as well as access to the database (via phpMyAdmin).

§10
Out-of-court means of the handling of consumer complaints and redress

Detailed information on the possibility of the Consumer employing out-of-court means of handling consumer complaints and redress, as well as the rules of access to these procedures can be found in the main offices, as well as websites of  Regional and Municipal Consumer Ombudsmen.

The consumer possesses the following opportunities of pursuing out-of-court means of handling of consumer complaints and redress:

§11
Personal data on the Online Shop

  1. The Seller is considered the administrator of Client personal data collected through the Online Shop.
  2. Client personal data collected by the administrator using the online Shop is collected for the purposes of implementing the Contract of Sales, should the Client agree to it, including for marketing purposes.
  3. The Client is entitled to access their data and is allowed to correct them.
  4. Providing personal data is voluntary. However, failing to provide the personal data defined in the Terms of Use as necessary to contract a Contract of Sales results in the inability to conclude this contract.

§13
Final Provisions

  1. The Contracts made through the Online Shop are contracted in English.
  2. The Seller reserves the right to make changes to the Terms of Use for important reasons, such as changes to the law, changes in payment methods and supplies – in the extent that these changes influence the implementation of the Terms of Use. The Seller must inform the Client of these changes at least 7 days prior.
  3. For cases not regulated by these Terms of Use, the current UK law applies.
  4. The Client may use out-of-court means of handling of consumer complaints and redress. In order to do that, they may submit a complaint using the ODR platform, available at: ec.europa.eu/consumers/odr.
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