If you do not agree with these Terms and Conditions, please do not proceed to use the website.
Nothing in these Terms and Conditions will limit or exclude our liability to you for death or personal injury caused by our negligence or fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses, damages or injuries sustained during any web design related task, any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
Subject to the liability which we accept above, please note:
(a) our aggregate liability to you arising out of or in connection with this agreement or use of the website shall not exceed the fees paid by you for your use of the service in the preceding 1 month; and
(b) we shall not be liable in contract, tort or otherwise however arising out of or in connection with this agreement or use of the website for any indirect loss, consequential loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.
Why You Should Read These Terms
Please read these Terms carefully before you place an order with Engine X.
These Terms include, but are not limited to, explaining who we are, our services.
Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are
unlawful, the remaining clauses remain in full effect.
Using the Website
Use of and access to our website is allowed on a temporary basis only. We will not be liable if for any reason the site is unavailable for any period of time. We also reserve the right to amend or withdraw the service we provide on our entire site, or any part of it, without prior notice.
Customers must be at least 18 years of age to use Engine X and must provide up-to-date, valid and complete contact information with a valid email address.
Please be aware that you are responsible for making all arrangements required for you to access the website and you are also responsible for ensuring that all persons accessing the website via your internet connection are aware of and comply with these terms and conditions.
You may use the website only for lawful purposes and not in any way that is fraudulent, unlawful or that breaches any relevant law or regulation, whether local, national or international.
You must not knowingly transmit any data or material that contains viruses or any other harmful programs designed to adversely affect the operation of any computer software or hardware.
You must not duplicate, copy or resell any part of our website in direct contravention of these Terms and Conditions.
We retain the right to determine whether there has been a breach of our Terms and Conditions through your use of our website and when a breach has occurred we may take any action we deem to be appropriate.
We may revise these Terms and Conditions at any time by amending this page. Please, therefore, check this page from time-to-time to take notice of any changes as they are binding upon you when they are made. Some of the provisions contained in these Terms and Conditions may also be superseded by notices or provisions published elsewhere on our site.
If you have any concerns about material that appears on our website, please contact us at Info@enginex.online
Updates to our Site
We update our website constantly, however, in the event that any of the material on our site is out of date, we are under no obligation to update such material. We may temporarily suspend access to our website, or close it indefinitely, in order to make any necessary updates.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our website and in the material published on it. Copyright laws are in force and all such rights are reserved.
You must not use any part of any material on our website for commercial purposes without obtaining a license to do so from us.
You may print off one copy and may download extracts of any pages from our site for your personal reference but you must not modify the paper or digital copies you have printed off or downloaded in any way.
The jurisdiction of the English courts shall apply in exclusivity over any claim arising from, or related to, a visit to our website. We also retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
These Terms and Conditions and any dispute or claim arising out of, or in connection with them, shall be governed by and construed with the law of England and Wales.
Occasionally calls may be recorded for training purposes and we reserve the right to use these records in the unfortunate event that a dispute arises.
All material provided to Engine X during the production of your website will not be returned or retained unless requested.
Domain names specified when signing up are not confirmed until your site goes live.
Availability checker is only an indication of potential availability and is in no way a guarantee.
The copyright and observation of other third party copyrighted material is the responsibility of the contracted client and not that of Engine X.
A small 'Website Design by Engine X' link will appear at the bottom of your website's pages. This helps us promote our services, We may remove this on request however a small additional fee will apply.
We reserve the right to use all designs produced during the production process in our portfolio of work.
In the rare event of server downtime we will compensate on request one days hosting for each hour of downtime up to a maximum of one month's hosting.
Our liability for all services we provide is limited to the price paid for that service.
Statistics provided by Engine X may be subject to some distortion caused by automated website spiders adding hits to the stats records.
We monitor this regularly and make changes where necessary to remove automated hits. This may cause occasional changes in website stat data.
We reserve the right to suspend for investigation and ultimately close any account if we have reasonable evidence to show that illegal activities including, but not limited to, attempts to defraud other parties and impersonation of other entities are being partaken in.
To cancel your account you must contact support on email@example.com Notice of 7 days must be given for cancellation.
Any payment due within that 7 day period may still be charged and is not refundable.
Your cancellation is not confirmed until we contact you to confirm so. This is to ensure we have received your request and the account has been closed.
You can cancel your account while your website is being built and only forfeit the non-refundable deposit payment, If however you wish to cancel once your website mock up / initial design has been produced, you will then be liable for the full balance of the website build and any other fees accumulated during the build process.
If you have paid for your website upfront and you cancel your order, the amount paid is non-refundable.
If you have received a discount or promotional extra as part of your package and wish to cancel during any of the phases prior to, and up to completion of your package, any outstanding balance will be calculated on the basis of the full cost of all items without discount or promotions applied.
Reactivation of closed accounts through cancellation by the client or automatic cancellation due to non-payment, will be subject to £50+vat reactivation fee.
Once an account is closed, we provide no guarantee that the service can be restored as data from inactive accounts is purged from our databases periodically.
All invoices are to be paid on the invoice date unless otherwise stated.Initial payments/deposits on all service e.g. website design, logo design etc are non-refundable.
If you have opted to pay monthly, your monthly payments will start a month from the day you signed up.
This is because we set up your hosting to build your website and other services immediately.
This fee repeats every month thereafter until you close your account through the cancellation method indicated above.
If you have opted to pay annually, your annual payments are due on the anniversary of your sign up date. The first annual payment is due when you sign up unless agreed otherwise.
This fee repeats every year thereafter until you close your account through the cancellation method indicated above.
To be very clear your ongoing fee automatically renews each month / year unless you cancel your services in advance of the renewal date.
We reserve the right to pass on any charges we incur as a result of late, declined payments. If a payment should be charged-back a £25+vat fee will be applied to your account.
If when making a payment either online or by telephone you authorise us to take payment automatically for your ongoing fees using your payment method we will continue to do so until asked not to.
To request automatic payments to be cancelled you must contact our support team by email.
For one-off payments such as the remainder of your balance after the build process or for one-off changes to your services, we can with your permission repeat against a past transaction so you do not need to re-enter your payment details. This will only ever be done with your permission.
In the unlikely event that a website build takes longer than 3 months where the delay is largely due to a client's failure to provide required information and we have requested multiple times for that information we may request and require the outstanding balance of any invoice for that service to be paid in full.
Late payments will be subject to a £15+vat late payment fee.
Should a payment such as a hosting payment become very overdue e.g. over 20 days and we have tried to contact you more than once regarding this overdue payment, we reserve the right to close the account. Any deposit payments will be forfeited.
If an account is closed due to non-payment / late payment then we reserve the right to request the full balance on the account to be cleared before the account is reactivated.
Should payments remain unpaid we will write to you giving 14 days notice to pay. If payment is not made within that time-frame a final £25+vat late payment fee will apply and the case may be referred for collection through the courts.
Domain names we hold can be transferred away subject to a £15+vat admin fee. Transfers will only be commenced after any outstanding account balance is cleared.
All website packages include one domain name which we will register for you. The domain can be a .com, .co.uk, .org.uk or .org. Other top level domains may incur additional fees which we will inform you of before registering them.
Domains which you have registered externally can be transferred to us or pointed to our servers. We will assist in the configuration of 1 domain externally, for additional domains we may charge a £5+vat fee to cover the configuration time.
On some occasions we will not be able to configure external domains but in those instances we will provide you with the information you will need to ask your current provider to make the required updates.
Additional domain names transferred to us or requested beyond the one included, will increase your ongoing fee by the equivalent of £2.50+vat a month in the case of the standard top level domains or more for non-standard domains. For non-standard domains we will inform you of the costs.
The liability of any outstanding balances falls to the company or individual named on the account. If an incorrect company name is provided, the liability will fall to the individual who opened the account.
If you wish to transfer ownership of your account to another company or individual, all balances will need to be settled first. Once settled we will require full contact details of the new owner from the new owner and confirmation from you that you wish to transfer ownership.
That confirmation should include matching contact details as those provided by the new owner.
Turnaround times are estimates based on average past performance unless otherwise indicated.
Reference start dates for calculation of turnaround times start from the first working day after we would be able to start the project. For example, should a Welcome Pack be submitted at 11pm on a Friday, the reference start date of the build would be the Monday after.
If commissioning an ecommerce website, please note that we do not add all your products due to time constraints when building your site.
We retain the copyright on all materials produced e.g. logos, website designs, business cards until the entirety of the package signed up for is paid for. Once this is done, copyright of any design work is transferred to you. We retain the right to include the produced work in our portfolio.
The website manager remains the intellectual property of Engine X.
Stock images we provide are for use on your website only and allowances as part of your package and/or add-ons expire once your website is launched.
With services provided for print such as business cards and letterheads, we only provide the design portion of the process and do not provide any printing services.
We accept no liability for errors such as spelling errors or inaccurate contact details once a service provided has been completed.
We will provide finished digital copies of design works such as business cards and letterheads. These files will be flattened versions in a high quality format.
We will not provide editable files such as illustrator files. We can make future edits to these designs on your request. Our standard hourly rate will apply.
Content writing per page fee includes a maximum of 500 words per a page. Longer pages will be charged as a multiple of the per page fee.
We will endeavour to check the content we produce as part of our content writing service for errors in terms of grammar, spelling and factual accuracy however the ultimate responsibility for these elements will fall on you the client. We accept no responsibility for errors once published.
We do not proofread any content you provide for your website. We accept no responsibility for errors.
Features of ongoing packages do not roll over. Any allowances expire at the end of the given period.
Unless otherwise stated, offers cannot be used in conjunction with other promotions.
If your package includes SSL security, the feature must be requested during the build of your website. Requests to add this after the launch of your site will incur a setup fee.
When instructing a company to print items we have designed such as business cards and letterheads, it is your responsibility to ensure the print quality and to check for errors. We accept no responsibility should finished printed items not accurately reproduce colours, quality or contain errors.
If your package includes search optimisation, your chosen target keywords can only be changed once every 3 months.
Social Media set up upgrade includes the setup of Twitter and Facebook accounts only. You will need a personal Facebook account so that we can make you the owner of the Facebook Page we set up for you.
Without a personal Facebook account you will not be able to manage the Facebook Page. It is your responsibility to set up your personal account. Social Media setup is not required if you already have business pages / accounts set up and just want us to link to them from your new site.
For Ecommerce websites we only integrate with Paypal, Stripe, Sagepay and Worldpay gateways. As part of your setup you may need to configure elements of the integration within the respective gateway's systems.
We will provide guidance as to any changes that need to be made however support for specifics within those systems must come for the gateway themselves. We can sometimes make the changes on your behalf but reserve the right to charge a small fee for this.
The contract between you and Engine X is entered into under the exclusive jurisdiction of the courts of England and Wales.
The security and well being of our staff is of paramount importance. Abusive behaviour such as swearing or threatening a member of our team will not be tolerated.
Should behaviour of this nature occur we reserve the right to terminate your contract with the full forfeit of any monies paid to date.
We are always happy to and wish to address any concerns you have however this should be done in a mutually respectful manner.
At our discretion we reserve the right to cancel the order and issue a full refund for any reason we deem as appropriate.
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