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Terms and Conditions

WELCOME TO OUR WEBSITE


Thank you for your interest in using or Services. Our website, https://www.simplystartabiz.com, is owned and operated by Simply Start a Biz. The use of this website is subject to the following terms of use and privacy policy, which you should read carefully. By using this website and/or downloading content you agree to be legally bound by these terms. If you do not accept these terms and conditions, please do not use this website. Our user-friendly platform is geared at providing all our clients and users with access to the services offered here on our website. However, you must remain mindful of the following terms and conditions and privacy policy governing the use of our platform.


You are advised to carefully read these terms and conditions in its entirety before registering, subscribing and/or otherwise using our services, as your actions will indicate your acquiescence to the terms, conditions and collective polices contained herein. In this instance, you are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.  


If you do not agree to all these Terms, then you are advised to exit this page and desist from accessing, browsing or otherwise using this website and purchasing any of our services. You are agreeing to these terms when purchasing or agreeing to any service purchased from our website or with a representative over the phone. In agreeing to the terms, you further represent and warrant that you are at least eighteen (18) years old. 


It is important to note that Simply Start a Biz reserves the right to modify or revise these terms and conditions, privacy policy and any related polices at any time and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 

 


TERMS OF USE


THE AGREEMENT: The use of this website and services on this website provided by Simply Start a Biz (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").


LAST UPDATED: 26/07/2020


We are Simply Start a Biz and we own and operate this website (Site).


Payments and Subscription plans

 

PAY IN FULL/ 50/50 payment method

Paying in full or choosing the 50/50 option of payment is highly recommended. You can make your payment via our website's secure payment system or via a secure link sent over the phone with our representative.  Please note once you have made your first payment we will start work immediately on your business. You will be able to track the progress of your website via the app 'Trello'. For the 50/50 payment options please ensure to make your last payment prior to website transfer. If your final payment is not made on time interest will be added daily. It is our statutory right to claim interest (at 8% over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation.


PAY AS YOU GO payment method.

PAY AS YOU GO plans are not created under a long financial contract, they are monthly or weekly rolling direct debit subscriptions and you can cancel at any time. For basic packages we require a 20% deposit and for premium packages we require a 15% deposit to start, your remaining payments will be adjusted to reflect the full package price. For shorter pay-as-you-go plans e.g. 3 months, your initial deposit will be waivered. For this payment type you would have signed up via our website or a representative would have sent you a link over the phone. As you are on a subscription-based method of payment to complete the payment in full, we do not transfer the business until the full payment has been made.You will receive updates every month or week (dependent on your plan) so you are able to view the progress until completion and your last payment has been made, this is where the site transfer will take place. 

Your website will be set up over the length of time you have a plan with us. E.g. If you are on a 6-month plan, we will create the business over that time period and you will launch it after your last payment has cleared. You do have the option to speed up the process by paying off more of the balance. If your situation changes and you would like to clear the balance earlier please contact us as we require at least a weeks’ notice and will change the plan accordingly to suit. We will never ask you to send your bank details directly to us for security reasons. You will not be able to trade or take payments until the store has been fully paid fo and transferred.

FINANCE payment method

If you wish to speed up your business build but you still want to pay monthly then we have an interest-free finance option available. You will need to submit a finance application where a credit check will take place. You will then enter into a contractual-based payment method enabling you to pay for your plan monthly. You will receive your business within the quickest time we can build it e.g. 2-12 weeks.

Our finance partner is 'Pay it Monthly' for more information on the company please click here.  

 

 

Refunds and cancellations

 

We do not accept any refunds as the work we do is bespoke and customized to your requirements. You are entitled to a full refund if you cancel or change your mind within 5 days from receiving your email confirmation. You can however cancel at any time if you are on the PAY AS YOU GO plan, if this occurs all work on your businesses will cease until you have re-instated your subscription/plan. If you paid in full at one time you may be entitled to a partial refund, the amount will depend on the works already completed.

Please ensure you get in touch with us prior to cancellation.

 


Packages and Revisions


The packages and prices stated on our website and social media are subject to changes. 


During the process you will receive updates at every stage via Trello.com to ensure you are happy and to avoid any mistakes being made. These updates are visual and consist of mockups and a temporary link to your website so you can see the progress. You can also request revisions at certain stages however there are limits to the amount of changes you can make. Revisions are subjective and you will be informed when you have used the revisions allowed. Any revisions outside of what is stated below is payable. 


Logos – 2 revisions allowed 
Clothing and logo placement – 3 revisions 
Websites Design Up to 5 (depending on the plan you are on)
Social media – 1 revision
Photography – no revisions 


Logos, copyright and trademark


Many of the logos created will be designed by Simply Start a Biz however some logos may be outsourced to other designers. You will need to speak with us if you want to trademark any logos as there may be some restrictions to use or extra costs depending on who designed the particular logo.


Logos created by Simply Start a Biz come with premium use commercial license meaning you can make unlimited sales using the designs, you can also use the designs on social media and promotional material. You are also able to trademark up to 3 logos (depending on plan). If you wish to trademark more than one logo this will come at a £50 surcharge per logo. The licence is specifically for the business we created it for as stated on your proposal to use. 
You are not able to use the files for the following:


•    Distributing files downloaded/purchased from us in any manner, including: selling, giving away for free, or as part of a package of products.
•    Allowing more than one user to use items downloaded/purchased from us to make projects for personal or commercial use.


Simply Start a Biz will conduct the necessary initial checks to investigate whether another company uses the brand name you wish to use. We are not liable for any trademark or copyright lawsuits once we have handed and transferred the business/website over to you as this is something that will need to be continued by the new business owner. 


Creating the business/Website


Simply Start a Biz are not partners of the business/website we are creating. We do not get involved in the legalities of the business. We are creating the structure of the business. Upon creation, it is then the new business owner’s responsibility to ensure that you are following all the necessary rules, regulations and policies in order to run the business safely and correctly. We are not financial or legal advisors. However, we can guide you to find the correct information on such matters.


We do not guarantee success with running your business as this is affected by your individual efforts. 
We are not liable for any profits or losses for your business nor do we take a commission directly from your profits. We earn a small commission directly from Printful (suppliers) for recommending and using their service. 


(Third Party) We will create your website via Shopify which is a specialised e-commerce platform. When you have access to the platform please read their terms and conditions to familiarise yourself. You will need to pay a monthly hosting fee directly to Shopify. Once your site is finished and ready to launch, we will let you know when we will transfer the site. The hosting fee can be deactivated or paused at any time. It is approx. £22/month to keep the site running. When creating the site, we integrate and adapt legal template documents to suit the website and what it offers e.g. returns, shipping, privacy policy and terms and conditions. However, we recommend you look over these once you have access to the site and amend if required. 


(Third party) Clothing, Supplier and Personal Details


To connect you to the supplier and their service we will sign you up using your full name and email address to sign you up to their service. If there is a specific email you want us to use please let us know otherwise, we will use the email you used to sign up with us. IF this email is unavailable we will create you a new Gmail email account using your full name. 


Logo placement – During your logo to clothing integration stage we will show you mockups of how the logos will look on the clothing. Once you have confirmed this stage and are happy with how they look. We cannot then be held liable if you have ordered products from the supplier and are unhappy with how they look.


We cannot be held liable for any mistakes made by the supplier once the site has been transferred e.g. Shipping, Printing or Pricing. Please contact them directly to discuss any issues moving forward.

Please note we use a specific set of suppliers for all website and brand builds, if you require a specific item that our suppliers do not offer we will not be able to source other suppliers as our list is fixed.  

Passwords and Personal Information


We will use your personal information for third-party applications such as Shopify and Printful/Oberlo in order to create your business and connect you to specific platforms that are needed to run the business and website. We will use information such as your name, email address, date of birth, phone number and home address. We will create passwords on your behalf for the website, supplier access, website apps and social media. Once we hand over and transfer the business to you please change all passwords and double check all the information that we inputted to ensure they are correct. 

General use of the Website


Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.


You are responsible for all access to the Site using your Internet connection, even if the access is by another person.
We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).


We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.


The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.
We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude: all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.


The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.


Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not: 
a.    use the Site for any fraudulent or unlawful purpose; 
b.    use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; 
c.    impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make; 
d.    interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks; 
e.    transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment; reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site; 
f.    modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
g.    remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
h.    frame or mirror any part of the Site without our express prior written consent;
i.    create a database by systematically downloading and storing Site content;
j.    use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.


We reserve the right to revoke these exceptions either generally or in specific instances.
The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third-party websites and resources is at your own risk.


[We may block any links to or from the Site. Additionally, we may provide tools to allow you to link to the Site directly from a third party site; if you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.
We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.]


We may collect and use information about you in accordance with our privacy policy. You can view a copy of this policy by clicking here.


These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.
These Terms of Use will be governed by and construed in accordance with the laws of England, and the courts of England will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.

 

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