We (the folks at Locally Digital Ltd) run a website service called Locally and would love for you to use it. We offer a service of website design and creation combined with website hosting and offer advanced features such as extra functionality. Our service is designed to give you as much control and ownership over what goes on your site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
Any website created on our service can only run on our service Of course you have the right to your own data that you input but you have no rights to our programs and designs and other proprietary intellectual property that make up our service. If you wish to migrate your site to another provider there will be additional costs for your provider to replicate our environment, see Termination.
You may link your own domain name to a website on our service.
Terms of Service:
Please read this Agreement carefully before ordering a serives from us or accessing or using the Website. By ordering a service or accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Locally, acceptance is expressly limited to these terms.
- Explicit consent for Cookies. By creating your Locally account you explicitly consent to the Locally Website Service placing and reading cookies on your computer. At least 6 cookies are necessary for your account to work. we may also place cookies that enable us to monitor and improve our service to you.
- Your Locally Account and Website. If we set up an account and website for your the terms and conditions of usage apply just the same as if you had set the website up yourself. For website on the Locally Website Service you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Locally may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Locally liability. You must immediately notify Locally of any unauthorized uses of your website, your account or any other breaches of security. Locally will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a website, comment on a website, post material to the Locally Website Service, post links on the Locally Website Service, or otherwise make (or allow any third party to make) material available by means of the Locally Website service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:By submitting Content to Locally for inclusion on your website, you grant Locally a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website. If you delete Content, Locally will use reasonable efforts to remove it from the Locally Website Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other websites and web sites, and similar unsolicited promotional methods;
- your website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Locally or otherwise.
- Without limiting any of those representations or warranties, Locally has the right (though not the obligation) to, in Locally’s sole discretion (i) refuse or remove any content that, in Locally’s reasonable opinion, violates any Locally policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Locally Website Service to any individual or entity for any reason, in Locally’s sole discretion. Locally will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. Locally has not reviewed, and cannot review, all of the material, including computer software, posted to websites operating within the Locally Website Service , and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Locally does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Locally disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Payment and Renewal.
- General Terms.
- The service is subscription based on a pre-pay basis due on the day you sign up. A free trail period may be made available at our discretion, in which case fees will be due at the end of the free trail period.
- Optional website design and creations services will be quoted for and payment will be due before your website will be made fully functional. Non payment of setup fees will result in the termination of all services provided to you by us.
- Optional paid services such as extra storage, domain purchases, premium themes, plugins and mentoring and consulting are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Locally the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
- Automatic Renewal.
- Unless you notify Locally before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be cancelled at any time by contacting us.
- Payment Method
- Unless explicitly agreed in writing beforehand payment is only accepted by Direct Debit from a UK bank account, via GoCardless. If your Direct Debit fails, we may retry immediately once. A second failure or if you manually cancel your arrangements with us will be taken as a termination by you (see 15. Termination) and will result in all services provided by us to you being terminated. Please note that even if you cancel a Direct Debit, you are still liable for outstanding invoice balances for project work undertaken.
- Hosting and Support Service subscriptions. Locally offers subscription based services that relate to various services, each level is limited and if you exceed those limits charges will apply. If an individual pacakage is not agreed prior to limits being exceeded, charges for support will be at our normal hourly rate, charges for additional web space or email accounts will be quoted on request.
- General Limits apply to all levels of subscription
- All accounts are for the use of websites and email only, use for other purposes such as storing backups, providing application services, peer-peer file sharing is not permitted
- A maximum of 3gb of disc space (can be increased for additional charges)
- Fair usage of processing and bandwidth. If your website usage of bandwidth or other computing resource is excessive and impacts our service we may suspend your site or ask you to migrate to a dedicated server (additional charges will apply).
- One domain name
- BUSINESS hosting and support additional limits
- Website Support (delivered by email, face to face or by telephone) is giving you advice on how to update your website and operating the tools we give you to manage your website. We expect you to make only a fair and reasonable use of this support. We recongnise you will need more support when your website first goes live but we reserve the right to limit website support to 4 hour per year.
- Telephone or face to face Support is only available 9am to 5pm on UK normal working days.
- We will attempt to respond to support requests submitted by email within 1 business day, however in some circumstances this may be longer.
- For clarity, support does not include us making changes to your content of your website, making changes to the design, functionality or the underlying code of your website (unless to correct a fault), recovering backups (unless required due to an error that we were responsible for), providing training or re-training of users in how to use the site or providing general or specific internet marketing advice. All work that is not support can be carried out on a project basis that we can provide a quote for.
- PREMIUM hosting and support
- Maximum of 10 email account, including the master account , 2gb of space will be allocated for emails (both can be increased for additional charges).
- Sending unsolicited marketing email (SPAM) is prohibited and we may terminate your account immediately if you are sending unsolicited marketing emails.
- The maximum number of email you are permitted to send is 500 per day. If you exceed this we may suspend or terminate all your services including website. If you need to send bulk email sign up to a specialist email service.
- General Limits apply to all levels of subscription
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Locally links, and that link to Locally. Locally does not have any control over those non-Locally websites and webpages, and is not responsible for their contents or their use. By linking to a non-Locally website or webpage, Locally does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Locally disclaims any responsibility for any harm resulting from your use of non-Locally websites and webpages.
- Copyright Infringement and DMCA Policy. As Locally asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Locally violates your copyright, you are encouraged to notify Locally in accordance with Locally’s Digital Millennium CopyrightAct (“DMCA”) Policy. Locally will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Locally will terminate a visitor’s access to and use of the the Locally Website Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Locally or others. In the case of such termination, Locally will have no obligation to provide a refund of any amounts previously paid to Locally.
- Intellectual Property. This Agreement does not transfer from Locally to you any Locally or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Locally. Locally, Locally.com, the Locally logo, and all other trademarks, service marks, graphics and logos used in connection with Locally, or the the Locally Website Service are trademarks or registered trademarks of Locally or Locally’s licensors. Other trademarks, service marks, graphics and logos used in connection with the the Locally Website Service may be the trademarks of other third parties. Your use of the the Locally Website Service grants you no right or license to reproduce or otherwise use any Locally or third-party trademarks.
- Advertisements. You may not display advertisements for any other business than your own unless you have been given permission in writing.
- Attribution. Locally reserves the right to display attribution links such as ‘website at Locally’ , theme author, and font attribution in your website footer or toolbar. Footer credits and the Locally toolbar may not be removed regardless of upgrades purchased.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their RegistrationRights and Responsibilities.
- Changes. Locally reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the the Locally Website Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Locally may also, in the future, offer new services and/or features through the the Locally Website Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Locally may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Locally account (if you have one), you may simply discontinue using the the Locally Website Service. Locally can terminate the the Locally Website Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.If you terminate without cause:
- No refunds will be given for services if you terminate for convenience
- No refunds of deposits or part-payments made for website design and creation.
- No refunds will be made for website design and creation, or bespoke project work that has been completed.
- If you cancel a website design and creation project or bespoke project without cause, we may charge you up to 100% of quotation, depending on the stage of the project.
- Your sites will be terminated on the last day that they are paid up for. If you want a site reinstated after termination, this may not be possible, however if it is possible all outstanding invoices must be paid and in addition a minimum fee of £60+VAT is required for recovery.
If you terminate for any reason and wish to migrate your website to another provider you may do so, but you will be responsible for all costs. Please remember that you do not own our software so your website may not look or function in the same way with your new provider. Where you request our assistance with migration we will provide you a quote based on an hourly rate, we may also at our discretion, license components of our software for an appropriate licence fee.
- Disclaimer of Warranties. The the Locally Website Service is provided “as is”. Locally and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Locally nor its suppliers and licensors, makes any warranty that the the Locally Website Service, or any website created on the the Locally Website Service, will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the the Locally Website Service at your own discretion and risk.
- Limitation of Liability. In no event will Locally, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Locally under this agreement during the twelve (12) month period prior to the cause of action. Locally shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Locally, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the the Locally Website Service, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Locally and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Locally, or by the posting by Locally of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the the Locally Website Service will be governed by the laws of of England. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Locally may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
|Public Liability : £2,000,000Employers Liability : £10,000,000View our policy details|
Companies Act Information:
Locally Digital Ltd is a company registered in England and Wales. Registered number: 07720957. Registered office: 13 Oakfields, Walton-on-thames, Surrey KT12 1EG.