(1) Definitions and interpretation
In this Agreement "we" means SoftRight Services (and "us" and "our" shall be construed accordingly); and "you" means the relevant customer or potential customer as the case may be (and "your" shall be construed accordingly).
In this Agreement, the following definitions shall apply:
- "Agreement" means this agreement incorporating any terms set out in our Second Acknowledgment;
- "First Acknowledgment" means the initial automatic email acknowledgment which we will send to you after receiving your Order;
- "Order" means your order for Products made via the Site;
- "Products" means physical goods which may be purchased by you from the Site;
- "Digital Products" means electronic non-tangible goods which may be purchased by you and / or downloaded from the Site. Digital Products include but are not limited to: domain names, ebooks, computer software, templates, reports, PDFs and MP3 files.
- "Services" means services which may be purchased by you from the Site;
- "Second Acknowledgment" means the email acknowledgment which we will send to you (where appropriate) confirming acceptance of your Order; and
- "Site" means the website at http://www.internettips.com or any successor site operated by us from time to time.
(2) This Agreement
The advertising of Products on the Site constitutes an "invitation to treat"; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order.
In order to enter into this Agreement with us, you will need to take the following steps: (i) you must add any the Products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then register with our website and create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, if relevant, you must select your preferred method of delivery and confirm your Order and your consent to the terms of this Agreement; (iv) you will be transferred to either the Paypal website or the 2CheckOut.com website. After which either Paypal or 2CheckOut will handle your payment; (v) we will then send you the First Acknowledgment; and (vi) once we have checked whether we are able to meet your Order, we will either send you the Second Acknowledgment (at which point this Agreement will become a binding contract) or we will confirm by email that we are unable to meet your Order.
Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.
The only language in which we offer this Agreement is British English.
Before you place your Order, you will have the opportunity of identifying whether you have made any input errors by examining your shopping cart contents. You may correct those input errors before placing your Order by using the various buttons and editing options that are available once you have entered a product or service into the shopping cart.
(3) About us
Our full name is SoftRight Services. Our UK office address is: Treetops, Brookside, Clachamish, Isle of Skye, IV51 9NY and our principal trading web address is: http://www.InternetTIPS.com. Our email address is: office (at) internettips (dot) com. Replace (at) with "@" and (dot) with a full-stop (.).
Brian Austin, the owner of SoftRight Services and InternetTIPS.com is registered with The Society of Authors.
(4) The Products
From time to time, we may sell and resell a range of physical products such as CDs, DVDs, reports, and books. When these products are available, full descriptions can be found on our main site navigation menu.
(4) The Digital Products
We sell and resell a range of non-tangible Digital Products such as domain names, ebooks, templates, and software applications. When these Digital Products are available, full descriptions can be found on our main site navigation menu.
(5) The Services
We sell a range of services including: web design, web development, search engine optimisation, copywriting and other web- and writing-related services. In addition to providing Products, Digital Products and Services to any visitor, InternetTIPS.com is also membership-based website, which means we may also sell access to our member area through paid subscriptions. When these Services are available, full descriptions can be found on our main site navigation menu.
(6) Price and payment
Prices for Products, Digital Products and Services are quoted on the Site. Some products, like domain names, can have a value that is agreed through discussion between buyer and seller. The Site contains a number of Products, Digital Products and Services and it is always possible that some of the Products, Digital Products or Services listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures so that a Product, Digital Product or Service correct price will be stated in the Second Acknowledgment or when you pay for the Product, Digital Product or Service.
In addition to the price of the Products, you may have to pay a delivery charge, which will be as stated either in the Second Acknowledgment or when you pay for the Product.
Payment must be made at the time of purchase or by the date(s) set out in the Second Acknowledgment, or by a specific date we supply. We may withhold the Products and / or Services and / or terminate this Agreement if the price is not received from you in full, on time, in cleared funds.
The prices on the Site include any value added or sales taxes (where applicable).
Payment for all Products and / or Services must be made by credit card, debit card, or Paypal, via our shopping cart at InternetTIPS.com, or through our secure invoicing facility via Freshbooks.com.
Prices for Products and / or Services are liable to change at any time, but changes will not affect Agreements which have come into force.
When selling physical Products, we will arrange for the Products to be delivered to the address for delivery indicated in your Order. However, if paying by credit card or SWITCH debit card, to maintain security, we will only arrange for Products to be delivered to the address of the credit card or SWITCH holder.
We will use reasonable endeavours to deliver Products on or before the date for delivery set out in our Second Acknowledgment or, if no date is set out in our Second Acknowledgment, within 14 days of the date of our Second Acknowledgment. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of the later of receipt of payment and the date of our Second Acknowledgment.
Services will delivered by dates agreed through subsequent email communications between you and us.
(8) Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products or license to use a product, or Digital Products, whichever applies, will only pass to you after we receive full payment of all sums due in respect of the Products or Digital Products (including any delivery charges).
(9) Consumer rights
You may cancel this Agreement at any time within 14 working days after the day you received the Products (subject to the limitations set out below). Digital Products made available for download are non-tangible irrevocable goods. Logging in to the InternetTIPS.com member area may also provide access to non-tangible irrevocable goods. Therefore, you will not have any such right insofar as this Agreement relates to: (i) the supply of any Products or Digital Products which constitute domain name sales or audio or video recordings or computer software or ebooks or templates which have been unsealed or downloaded by you from the Site, or (ii) for the provision of service of access to the member area of InternetTIPS.com, or (iii) after purchasing a domain name.
By purchasing a domain name through InternetTIPS.com or from any facility provided by Brian Austin, you understand and agree that all domain name sales are final once payment has been made for a domain name. To protect both parties, ownership of each relevant domain sold is transferred to the buyer using a suitable escrow service.
If you cancel this Agreement on this basis, you must inform us in writing and return any physical Products to us immediately, in the same condition in which you received them. Products returned by you within the 14 working day period referred to above will be refunded in full (including the cost of sending the Products to you). However, you will be responsible for paying the cost of returning any Physical Product to us. If you cancel this Agreement on this basis and you do not return the Products to us, we may recover the Products and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you.
(10) Defective Products
You may also cancel this Agreement if the physical Products supplied are defective. Products returned by you because of a defect will be refunded in full (including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if we and you agree, we may supply you with a replacement or substitute Product.
If you cancel this Agreement and are entitled to a refund, for amounts up to £250 (or US dollar equivalent) we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation. For amounts over £250 (or US dollar equivalent), this procedure is not applicable (see High Value Items below). This does not affect your rights under Scottish law.
For subscription membership of InternetTIPS.com, since we may also offer non-tangible irrevocable goods, we do not issue refunds after the subscription membership is made. You are responsible for understanding subscription membership conditions upon registering at our site. InternetTIPS.com subscription membership fees are neither transferable or refundable. If for some reason, the service does not live up to your expectations, you are free to cancel at any time by email or, if available, using the Unsubscribe option. If you cancel your membership of InternetTIPS.com, you're welcome to keep all of the information gathered up to the date and time on which you cancel, plus any free ebook gifts and files that you may have downloaded during your active subscription period: no quibbles, questions or delay. If you opt to cancel, no further subscription payments are due.
For sales of domain name sales, as non-tangible Digital Products, all domain name sales are final once payment has been made for a domain name.
Refund relating to high value items such as workshops, seminars and residential tutorial training courses
Occasionally, we may offer high value items such as workshops, seminars and residential tutorial training courses the require individual attendance. Payment for workshops, seminars and tutorial training courses, must be made in advance of the event or start of the event. If you make a payment for a workshop, seminar or tutorial training course, and subsequently cannot attend, or wish to cancel, simply let us know in writing (letter or email) at least 7 days before the event is due to start. Any costs relating to your purchase of which we have paid in advance, such as hotel accommodation, meals, etc., and for which we can recover will be deducted from your refund. If we do not receive any cancellation request in writing at least 7 days before the event is due to start, our attendance at the event constitutes full delivery and provision of the Service. No refunds are permitted for any reason whatsoever once the event has taken place, unless if we state in our pre-sale advertising, that any attendee wishing to leave on or before lunch of the first day, will be entitled to a refund or partial refund.
For workshops, seminars or tutorial training courses that last longer than one day, after the first day, the event will have deemed to have taken place, and full provision of the Service will be considered to have been provided, so no refunds will be allowed for any reason after the first day has elapsed. If you cannot attend due to circumstances beyond your control, on provision of suitable evidence to support your request and completely at our discretion, we may offer goods or services of equivalent value, or offer you a suitable place at a future seminar free of charge.
We warrant to you that any Product and / or Digital Product and / or Services that you purchase through the Site will be of satisfactory quality. Domain names for sale will be as described on the relevant sales page. No warranties are available for domain name sales. You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement. Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, and / or Digital Products and / or Services Offered, whether express or implied.
(13) Limitations of liability
We understand that your happiness and success are always your own responsibility. Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the UK Sale of Goods Act 1979, section 2 of the UK Supply of Goods and Services Act 1982, or section 2(3) of the UK Consumer Protection Act 1987; (iii) Consumer Rights Act 2015; (iv) for fraud or fraudulent misrepresentation; or (v) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product and / or Digital Product and / or Services purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and / or Digital Product and / or Service and the replacement cost of the relevant Product and / or Digital Product and / or Service; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
(14) General terms
Images of Products and / or Digital Products and / or Services on the Site are for illustrative purposes; actual Products and / or Digital Products and / or Services may differ from such images.
This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time, providing such action does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Site may be accessed throughout the United Kingdom and overseas. We and our employees make no representations or warranties that the content of this Site complies with the laws (including intellectual property laws) of any country or jurisdiction outside the United Kingdom. Therefore, if you use this Site from outside the United Kingdom, you acknowledge that you do so on your own responsibility and that you are responsible for ensuring compliance with all laws where you are located.
This Agreement will be governed by and interpreted in accordance with the laws of the Scotland, and the Scottish courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.
These terms are based on a template created and distributed by www.website-law.co.uk