We may make changes to these Terms of Use from time to time and may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Website.
This policy sets out the Terms and Conditions for all projects and services launched with us, unless explicitly stated in a proposal. Please read the following carefully to understand your contractual rights, terms, and obligations.
Information about us
We are Launch For Free and operate the website launchforfree.co.uk.
Contracts for the purchase of Services through our Website will be governed by the law of England & Wales. Any dispute arising from, or related to the Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between Launch For Free and the Customer.
How the Agreement is formed
This section outlines how this Agreement is formed between Launch For Free and the Customer:
When creating an account on our Website, the Customer agrees that this document governs the relationship between Launch For Free and the Customer, and any subsequent products, services, and projects purchased, carried out by, or obtained from Launch For Free.
Projects
This section outlines how Projects are regulated between Launch For Free and the Customer:
The Customer may request Services from Launch For Free, which are carried out as Projects
Project Description: Launch For Free will provide Services to the Customer agreed upon in the Proposal. The Proposal document is considered supplemental to this Agreement.
Project Scope: The scope of the Project shall be specified in the Proposal document.
Deliverables: Launch For Free shall provide the Customer with Services described in the Proposal upon the completion of the Project.
Timelines: The estimated timeline and completion date shall be specified in the Proposal document.
Completion: Completion of a Project results in Services being delivered.
Work Request
Services (Ad-Hoc)
Where Services are delivered on a non-recurring basis, this section shall apply:
Services are provided as a result of a Project and on
Additional Services may be added during, or after a Project.
Services are ongoing and
As some Services are provided by third-party providers, we cannot warrant access to Services will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.
Where Services are
Services (Ongoing)
Where Services are delivered on a recurring basis, this section shall apply:
Additional Website Work
This section does not apply to the Free Website Offer. Where Services include Website Solutions, this section shall apply:
Launch For Free will design a website within the required specifications outlined in
Free Website Offer
Where Services include the Free Website Offer, this section shall apply:
This section
Launch For Free shall design a website completely free-of-charge to the Customer
must supply valid payment details
free trial hosting
customer must host website with us
must provide all information requested
domain name
additional website work not included
Domain Names
Where Services include Domain Names, Domain Registration, Domain Transfer, or Domain Renewal, this section shall apply:
Webfluencer Co will use reasonable endeavours to register the domain name you request.
Webfluencer Co will not be liable will not be liable in the event that the the relevant domain name registry refuses to register the domain name you request, suspends your domain name, or revokes any registration for your domain name.
The Customer is subject to the relevant domain name registry’s terms and conditions of use.
Unless otherwise specified, your domain name will automatically renew on your behalf prior to expiry to ensure continuous functioning. This is considered to be an Ongoing Service.
Intellectual Property
The Customer retains all intellectual property rights in their material, and grants Webfluencer Co a worldwide, non-exclusive, royalty-free licence to use, store, and maintain the Customer’s material for the purpose of publishing on the Internet for the purpose of providing Services to the Customer.
The Customer warrants their material does not infringe the intellectual property rights of any third-party and has the authority to grant the license to Webfluencer Co. Webfluencer Co may make copies of their material necessary to perform Services, including backups of material.y
The Customer will defend, indemnify and hold Webfluencer Co harmless against claims, anctions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising from or in connection to the Customer’s use of Services. This includes any claim or action where the Customer’s material infringes upon the intellectual rights of a third party.
Webfluencer Co retains all intellectual property rights in relation to Services provided. The Customer must not decompile or disassemble any Services or software provided.
Quotes and Payment
Quotes are estimated and subject to change where scope of Project or Services change.
50% of the Quote is to be paid upfront upon acceptance of this Agreement.
Where additional Services are added to a Project or Project scope is changed, additional fees may be applicable.
Where additional fees are applicable, the Customer will be informed of this beforehand.
Additional fees must be paid in full. This does not affect the remaining balance from the initial deposit, which will be due upon Project completion.
Timeframes
This section applies to all Services and Projects:
Within most circumstances, Services will be delivered to the Customer within the estimated timeline specified.
The timeframe included within the Proposal is an estimate, and may be delayed for reasons such as (but not limited to):
Where the scope of work changes
Where Services are added or removed from the Project
Where the Customer does not provide information, content, or material within a timely manner.
The Customer agrees that delays in requests for information, data, or material may result in changes to the estimated timeline.
Customer agrees to provide or procure the provision of information, data and material required for the purposes of fulfilling the Project in a timely manner.
Where information, data, or material is not provided in a timely manner, the Customer understands that the Project may be delivered incomplete. Where this happens, the Customer is required to pay any remainder balance due as if the Project were completed.
Changes to this Agreement
Webfluencer Co will notify the Customer of any changes to this Agreement via email.
Changes to this Agreement will be effective within 14 days of notification via email.
Unless the Customer informs Webfluencer Co of any objections to changes to the Agreement within 14 days, the Customer is deemed to accept the new Agreement.
Liability
Webfluencer Co does not provide legal advice, and communication between Customer and Webfluencer Co does not give rise to a solicitor/client relationship. Specialist legal advice should be taken in relation to your specific circumstances.
Customer agrees that legal and regulatory requirements remain their responsibility.
Webfluencer Co shall not be liable for ensuring that there is not any material, data or information on the Web site which is illegal or unlawful, obscene, defamatory or otherwise infringes any third party rights whatsoever.
We do not monitor and will not have any liability for your material or any other communication the Customer transmits by virtue of Services provided by Webfluencer Co.
Due to the public nature of the Internet, Webfluencer Co shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the internet or any network provider.
No guarantee or representation is given that Services will be free from security incidents or unauthorised users.
All conditions, terms, representations and warranties that are not expressly set out in this Agreement or supplemental documents are hereby expressly excluded.
Webfluencer Co does not exclude or limit liability:
for death or personal injury caused by negligence
under s.2(3) of the Consumer Protection Act 1987
for fraud or fraudulent misrepresentation
for any matter which it would be illegal for us to exclude, or attempt to exclude liability
Webfluencer Co will not be responsible for the following types of losses (whether direct, indirect, or consequential) and whether they are caused by negligence or otherwise:
loss of income or revenue,
loss of business,
loss of profits or contracts,
loss of anticipated savings,
loss of goodwill,
loss of software or data,
wasted expenditure, or
wasted management or office time.
Subject to this Agreement, the maximum aggregate liability of Webfluencer Co under, or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, shall not exceed 100% of the price the Customer has paid to Webfluencer Co for Services during 1 year preceding the event giving rise to the liability in question.
The Customer is advised to acquire business interruption insurance, or any other appropriate insurance, to protect their business in the event of interruption of Services.
Where any Services are provided via a third-party, the Customer shall be bound by the third-party’s terms and conditions. The Customer should consult such terms and conditions and obtain their own legal advice.
Force Majuere
Webfluencer Co will not be liabble or responsible for any failure to perform, or delay in performance of any obligations under this Agreement that is caused by events outside their reasonable control (”Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of public or private telecommunications networks; and
the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under the Agreement will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
Severability
If any of these terms and conditions or any provisions of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Spam
Webfluencer Co does not tolerate the transmission of spam. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
Email Messages
Newsgroup postings
Windows system messages
Pop-up messages (aka "adware" or "spyware" messages)
Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
Online chat room advertisements
Guestbook or Website Forum postings
Facsimile Solicitations
Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number
If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any Service in connection with the Customer. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the Services are reactivataed.
We encourage all customers and recipients of email generated from our products and services to report suspected spam via contacting us.
Liquidated Damages. The Customer agrees that Webfluencer Co may immediately terminate any Account where it is believed, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of £1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Services.