Terms of Service

Niche Website Builders Terms and Conditions

1. Entering into a contract for our services

In return for you paying the purchase price for our services, Niche Website Builders Limited (“we”) shall provide you (being the person or organization that has subscribed to our services) the services as described in an accepted order form submitted through our website. 

Once you have submitted an order on our website, the order shall constitute an offer for us to provide our services to you in accordance with the services set out in the order form you submitted. 

The services shall commence once we have accepted your order and are conditional on us receiving payment in advance, and on acceptance, the order form and these terms and conditions shall together form our agreement to provide the services to you.

By placing an order, you confirm that you have read these terms and conditions.

2. Our services

We shall provide our services with all reasonable care and skill, and in accordance with good industry practice.

We are not responsible for any impact on your website caused by an increase in web traffic as a result of our services. We are also not responsible for any changes to your search ranking caused by a sudden or unexpected change to how search engines rank websites after the services commence.

You shall:

  1. co-operate with us and act in good faith in all matters relating to the services; 
  2. provide us in a timely manner with any necessary information relating to your business that we may require for the proper performance of the services.

Except as set out in these terms and conditions, all other terms, warranties, or conditions relating to the quality or results of our services are excluded to the fullest extent permissible by law.

3. Data Processing

We do not act as a data processor in any part of the services to you, and you are responsible for ensuring that you comply with all applicable data protection laws. If you require us to enter into a data processing agreement, please contact us through the Niche Website Builders website.

4. Price

The price of our services shall be set out on the order page, save that we reserve the right to reject or cancel any order where we have made an error in the pricing page (relating to price or quantity or type of service).

We are not under any obligation to provide our services until we have received payment in full.

5. Intellectual Property

Content that you own the rights to and supply us to us, will continue to be owned by you and you grant us a worldwide, non-exclusive, royalty-free licence to copy and modify this content for the purpose of providing the services.

We grant you a royalty free, worldwide, personal, and non-transferable, irrevocable licence to use the content we create for your website.

We retain ownership of any know-how, proposals and methodologies used in performing the services, which shall also be treated as confidential information.

6. Limitation of Liability

Without limiting any liability for fraud or death or personal injury caused by negligence, neither party shall be liable (and howsoever arising) for any (i) loss of profits (ii) loss of sales or business, (iii) loss of or damage to goodwill; or for any (iv) indirect or consequential loss. 

Our total liability for any claims relating to the performance of our services shall not exceed the monthly value of the services provided to you. 

We shall not be liable for any failure to perform the services arising out of anything that is outside of our control.

7. General 

Nothing in these terms is intended to establish any partnership, agency or joint venture or authorize any party to make or enter into any commitments for or on behalf of any other party.

Unless you notify us otherwise in writing, we may refer to you as a customer on our website and marketing services and use the results of our services in case studies.

These are the only terms that shall govern our services, and you agree that no terms, contracts, or other agreements put forward by you shall apply to our services.

You may not transfer or assign the services to any other party without our prior written approval.

In the event of a dispute, both parties shall make all reasonable attempts to first try and resolve the dispute via good faith negotiations prior to commencing any legal action.

These terms and any disputes arising relating to the services shall be exclusively by governed by English law. You may only bring proceedings against us in the courts of England and Wales.

Date of last update: 8th December 2021

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