These are the Terms of Service for Blue Ring Digital Services Limited, a company registered in England (company number 12709437) with a registered office at 186 Wetmore Road, Burton-on-Trent, Staffordshire, DE14 1QZ in relation to the websites and services provided at blue-ring.co.uk.
This document is only applicable to customers and users and not employees of Blue Ring Digital Services Limited.
"Terms of Service" refers to these Terms of Service.
"You", "Your" refers to You the customer, user or employee of Blue Ring Digital Services Limited.
"We", "Us", "Our", "Blue Ring Digital Services Limited" refers to Blue Ring Digital Services Limited .
"Our Website" refers to Our Website (blue-ring.co.uk).
"Software" refers to Our web application provided at blue-ring.co.uk.
"Our Services" refers to any product or service provided by Us to You.
"Our Design Service" refers to any design works undertaken by Us (i.e. Web Application development or Web Site Creation).
We will try to keep everything in this document as straightforward as possible, but if there’s anything You don’t understand, please get in touch with Us.
Your use of Our Website is governed by the following Terms of Service. Please read them carefully, they do not affect Your statutory rights.
The headings in these Terms of Service are for convenience only and shall not affect their interpretation.
The masculine shall include the feminine and the neuter and the singular the plural and vice versa.
If any provision or part of any provision of these Terms of Service is found by a court or other competent authority to be void or unenforceable, such provision or part of a provision shall be deleted from these Terms of Service and the remaining provisions or parts of the provision shall continue to be in full force and effect.
Terms of Service
These Terms of Service describe Our general terms which includes:-
- Our Privacy Statement;
- Our Licence Agreement, which may include those from third parties;
- Our Acceptable use policy;
- Our Service Level Agreement;
- Any terms provided separately to You for Our Services, Our Design Service and/ or Software.
Our Website is not intended to provide legal, tax or financial advice. We are not authorised to provide advice under the Financial Services and Markets Act 2000. If You require such advice please seek advice from an authorised adviser.
Supply of Our Services
We agree to supply Our Services to You in accordance with the terms set out in these Terms of Service.
We will use reasonable endeavors to supply Our Services to You as soon as it is reasonably practicable and in the event that We become aware of any reason for delay, We shall notify You.
We reserve the right to improve, modify or change Our Services provided to You and We will use reasonable endeavors to notify You as soon as it is reasonably practical to do so.
We will provide Our Services to You using reasonable skill and care but at all times this will be subject to any downtime caused by scheduled or emergency maintenance or repair. We will use Our reasonable endeavors to ensure that any disruption to Our Services is minimal and any scheduled work takes place during off-peak hours when possible. We will not be liable to You or any third party for losses whatsoever caused by any such downtime; whether emergency or scheduled.
We reserve the right to deactivate individual features, applications, scripts or programs as necessary in the interests of technical progress, security, availability of technical support on the provider or manufacturer side, to ensure the stable operation and integrity of Our Website, Our Services and/ or Software.
We shall take reasonable steps to ensure that any deactivation of individual features, applications, scripts or programs will not result in changes to a core function of Our Services We provide You and to offer technical alternatives (including upgrades and updated versions of Software) as and when such alternatives become available.
In the event that such changes result in changes to a core function of Our Services We provide You and no viable alternative is available, You will be entitled to a pro-rated refund on Cancellation.
In the event of changes of features, applications, scripts and programs, You agree to cooperate and be responsible for managing any adjustments to Our Services if requested to do so. We will endeavor to communicate any changes to You as soon as possible.
Service level agreements
We provide and work to a standard Service Level Agreement which supplements Our Terms of Service.
Duration and Renewal of Our Services
Unless otherwise specified, Our Services are provided for a minimum contract term of 12 months and unless canceled in accordance with Cancellation details below will automatically be renewed for further periods.
You are entitled to cancel the Our Services by contacting Us no less than 1 working day prior to the renewal date for Our Services.
You may cancel Your contract with Us either by telephone, through Your Control Panel or email. Once We accept Your Cancellation request, You will be provided with written confirmation of Cancellation. Cancellation requests will not be deemed to have been received and accepted until We have issued Our written confirmation to You.
The contract balance will become due, if applicable, prior to a Cancellation request being fulfilled.
If You have entered into these Terms of Service as a consumer, You have the right to cancel Your contract within 14 days from the date the contract is formed. For the avoidance of doubt, the contract is formed when You placed the order through Our Website, and therefore providing Us with permission to commence Our Services.
As a result, as soon as Our Services have commenced, You will not have the right to cancel the Contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Please note that if You do not wish to waive this right, We will not be able to commence with Your order.
For clarity, domain purchases are not covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
For the avoidance of doubt, if You use Our Services in the course of business, You will be treated as a non-consumer and statutory consumer protection will not apply to this Agreement.
We reserve the right to cancel and/ or withdraw Our Services at any time without reason by providing You 30 days’ written notice.
We also reserve the right to refuse Our Services or cancel any placed and unfulfilled order, without reason.
Registration of Domain Name(s)
We do not accept responsibility nor do We make any warranty that the domain name(s) requested by You will be accepted for registration in the register of the Naming Organisation nor will We be liable for any incidental costs You incurred if the application for registration is unsuccessful. We do not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by You.
Upon successful registration We will manage Your domain name(s) for the Initial Registration Period and for such time as it remains registered to You subject to such rules of the applicable Registry in force.
We reserve the right to suspend or to cancel any application for registration or refuse to manage a domain name(s) in the circumstances set out in Our Terms of Service.
Once We fulfill Your domain order, We shall notify You of the successful registration of the domain name(s). We will manage Your domain name(s) for the initial registration period and for all future renewals. Unless You notify Us prior to the expiry date, We will automatically renew Your Domain.
You acknowledge that any disputes arising out of the use of Your domain name(s) requested by You may be resolved for as follows:
- For .uk UK domains in accordance with the Nominet UK Dispute Resolution Service (DRS), which can be accessed at https://www.nominet.uk/domains/resolving-uk-domain-disputes-and-complaints/
- For gTLD domains in accordance with the ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), which can be accessed at http://www.ican.org/udrp.html which may impose restrictions on the termination or transfer of the domain name(s) with its current host during or pending during the settlement of such a dispute.
- For nTLD domains in accordance with ICANN’s Uniform Rapid Suspension Process (URS), which can be accessed at https://www.icann.org/resources/pages/urs-service-provider-application-process-2015-11-23-en
- Any other disputes must be referred to Us.
You shall be permitted to transfer Your domain name(s) to another Registrar other than Us upon Your Cancellation request.
You agree that for reasons of security and in accordance with ICANN and other registry policies, We shall apply a transfer lock. Such transfer lock may include but not be limited to domain name registration, the transfer of a domain name and any material changes to the domain name owner details to protect the transfer of a domain name. You will nevertheless be able to remove the transfer lock in order to allow a transfer of a domain which has been applied for by third parties.
You acknowledge and agree that in the event of a material change, You are responsible and liable for such material changes.
Our Design Service can only be used in connection with Our Services.
The scope of Our Design Service is detailed within the order description at the time of purchase.
Prior to Our Design Service being carried out by Us, You must agree to Our Design Service and the price quoted. Payment for Our Design Service is taken upon booking of the service or subsequent to the service being provided to You. You have the right to cancel Our Design Service by e-mail or phone at any time but due to the nature of this customised service and the work involved You will not receive a refund if work has commenced.
Canceling Our Design Service has no effect on any other new or existing orders. These orders must be canceled separately, according to the applicable Terms of Service.
You are required to fully cooperate with Us in order for Our Design Service to be completed successfully.
You will be asked to provide files and information for the setup of Our Services and Our Design Service. You shall submit all content required in electronic file format by e-mail (including but not limited to Word, jpeg, gif). Content must not be illegal/ offensive in nature, and You must be the owner, or have the relevant permission from the copyright holder if using third party materials.
Content and materials provided by You (for example images and logos) should be of good quality and suitably sized for their intended use. You must not provide content or materials for which You are not the copyright holder, or for which You do not have the permission of the copyright holder to use (excluding open source content and materials).
It is a requirement of these Terms of Service that You retain a current back-up of any such Content. Any Content will be deleted by Us after the service has been performed and will not be returned to You.
You may be required to provide Us with Your username and passwords for Our Services and/ or design service to be performed. You must appropriately update passwords after Our Design Service has been completed.
You will be notified by Us when Our Design Service has been completed.
Following notification of completion, You will have five working days to request any reasonable changes to be made.
All and any change requests must be in line with both the scope and Terms of Service.
If We deem any changes to fall outside of the scope of Our Design Service, You may request further services from Us. We will provide You with an estimate of price and expected time for the additional work. Any estimate of pricing and timing may be subject to change.
You will have a further 14 working days to inform Us of any issues You may have after the additional work has been performed.
We provide Our Services ‘as is’ and ‘as available’. We do not warrant that Your use of Our Services will be uninterrupted or error-free, or that Our Services will meet Your requirements.
We shall not be liable for any loss or damage of any nature suffered by You arising out of or in connection with any breach of these Terms of Service by You or any act, misrepresentation, error or omission made by You or on Your behalf.
We will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incurred to any third party arising in any way in connection with these Terms of Service or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
Unless specified in writing Our Design Service are provided on a licensed basis, meaning that any website template, website functionality and/ or web application are not sold to You. You can find full details in Our Licence Agreement.
Unless otherwise agreed, all fees are payable in advance and are non-refundable.
If We choose to cancel Our Services We provide to You for any reason other than a breach of the terms of these Terms of Service by You, We will refund You on a pro rata basis.
In the event that Our Services are suspended temporarily or that any features, applications, scripts or programs are deactivated in order to ensure the stable operation and integrity of Our Services You will not be entitled to a refund.
Pricing, Payments and penalties
Payment in respect of all Our Services is on demand, unless otherwise detailed on Your contract or on Our invoice.
We will automatically generate an invoice in respect of the next period unless Our Services have been canceled in accordance with Our Cancellation terms above. All invoices are delivered electronically to You via email. You are responsible for checking receipt of all invoices. No hard copy invoices will be sent by post.
You will need to make payment of any invoices sent to You before the due date via an agreed payment method.
We reserve the right to change the prices and/ or nature of Our Services by giving You 30 days written notice of those changes. Notice of changes to prices and/ or Our Services will be given by email to the email address We hold for Your account. Any price change will take effect automatically upon a renew.
All payments must be made in UK pounds sterling, inclusive of applicable taxes. Payments can only be made by a valid Credit/ Debit Card, Direct Debit, Bank Transfer or through PayPal as directed by Us.
You warrant that You are authorised to use Your chosen method of payment. If You are not the named cardholder, You acknowledge that You and the named cardholder both agree to be bound by the terms of these Terms of Service and are jointly and severally liable for all payments under these Terms of Service. You agree to indemnify and hold Us harmless in the event that the cardholder or issuer declines any payments to Us including all of Our costs in administering Your non-payment and obtaining the payment due to Us by You.
We reserve the right to suspend all Our Services until payment is received in full and all outstanding charges are cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money owed to Us under the terms of this Agreement until it is terminated. You are also responsible for any additional costs incurred by Us in taking steps to recover any sums due by You.
You will pay any additional charges as may be required from time to time by Us for reactivation of Our Services due to disconnection.
You are required to provide Us with valid contact details and a valid payment method at all times during the term of these Terms of Service. If any of this information is found to be invalid, We reserve the right to suspend access to Your account.
If Your chosen payment method is canceled or changed for any reason then You must notify Us immediately and provide Us with details of an alternative payment method.
Payments processed by third parties are also subject to those third parties' terms and conditions of service and We make no representations and provide no warranties with respect to those third party services.
You shall not be entitled to set off a credit against any amount owed to Us pursuant to these Terms of Service.
If You fail to pay all sums due to Us, We reserve the right to interrupt, suspend or cancel Our Services. Such action is without prejudice to Our right to recover any and all outstanding sums from You and Your obligation to pay the same to Us. The suspension process will start once payment is 3 days past due, and may result in (where applicable):-
- Denial of access to Our Services;
- Our Services displaying and/ or sending a "Suspended" notice - which may be visible to Your customers;
- Stoppage of Our Services and/ or Our Design Service that are underway/ in production;
- Loss of any rights due under Our Service Level Agreement.
You will be sent an email 24 hours before suspension actually takes place, to allow You time to rectify the delinquency.
If You settle the delinquency following suspension We will reactivate Our Services and/ or resume the production of Our Services and/ or Our Design Service within 24 hours following confirmation that payment has been recieved.
Once payment becomes 15 days past due Our Services and/ or Our Design Service may be cancelled by Us - however Your contracted balance will remain due. Cancellation may result in:-
- Your Content and configuration being permanently deleted;
We reserve the right to pass Your debt onto a third party debt recovery agent and You accept all liability for the recovery of Our costs from You.
If You withdraw any payments made via a bank, credit card or third party payment method, We reserve the right to interrupt, suspend or cancel Your Services and/ or charge a fee. Such action is without prejudice to Our right to recover any and all outstanding sums from You and Your obligation to pay the same to Us.
Third Party Users
All Our Services provided by Us to You are intended for Your use only. You agree that any decision to resell, store or giveaway any of Our Services to third parties is undertaken on the basis that You accept sole responsibility for ensuring compliance with these terms of services. You agree to indemnify and hold Us harmless against any losses caused or damage suffered as a result of a breach by any third parties.
We accept no liability to You or any third parties for losses arising from third party use of Our Services as set out herein.
Your Data and Content
All data created or stored by You within Our applications and servers are Your property. We make no claim of ownership of any web server content, email content, or any other type of data contained within Your server space or within applications on servers owned by Us.
You are responsible for ensuring that You maintain adequate and up to date back up copies of all of Your data that You upload onto Our servers or build through Our tools. This should include, but not limited to all written content, images, photographs and screenshots of Your data.
In the event of loss of or damage to Your data arising out of Your actions or actions undertaken on Your behalf, We will not provide You with access to any data stored by Us for archiving or backup procedures except at Our sole discretion.
In the event of loss of or damage to Your data, howsoever caused, We, in no circumstances, will be liable to recover Your data. We will not provide You with access to any data stored by Us for the purposes of Our own platform stability and business continuity.
In the event of loss of or damage to Your data relating to a failure in Our systems or servers, We will make reasonable commercial efforts to assist You with restoring Your data. Notwithstanding this, however, You accept full responsibility for maintaining adequate backup copies of all Your data.
You shall indemnify Us and hold Us harmless against all damages, losses and expenses arising out of a third party claim of intellectual property infringement in respect of Your content or data.
Upon contract expiry of a Our Services, if the contract or contracted item is not renewed within 10 days, or in the event of Cancellation, all content and configuration information in connection with the contract or contracted item will be permanently deleted.
You can request to be provided with a copy of Your your content which will be provided in .json format. Images, documents and videos will be provided in there stored format.
Our Licence Agreement details additional terms regarding content.
Our failure to require You to perform any of Your obligations under these Terms of Service shall not affect Our right to require such performance at any time in the future and nor shall the waiver by Us of a breach of any provision be taken or held to be a waiver of the provision.
Online and Mobile Notifications
Electronic notifications will be sent to You using the e-mail address You provided when signing. You may also choose to have notifications sent to a mobile device that is compatible with push notifications. Because notifications are not encrypted, they will not include personal information (such as Your full name, e-mail address ect.). Anyone with access to Your e-mail address or device may be able to view the content of these notifications.
We may add new types of notifications from time to time, or cease to provide certain notifications at any time at Our discretion.
Your Sign In Information
Please let Us know if any of Your details change, particularly Your e-mail address and mobile phone number. If You do not do this, We may not be able to deliver notifications to You. We will send all further notifications using the new information You provided.
By providing Us with Your e-mail address and/ or subscribing to push notifications You agree to Us contacting You electronically via those methods.
You agree and understand that You are responsible for maintaining the confidentiality of Your password which, together with Your e-mail address, allows You to access the features on Our Software. If You become aware of any unauthorised use of Your sign in information, You agree to notify Us immediately.
You agree to provide Us with information which is accurate, and not to misrepresent Your identity or Your personal information.
If there is any discrepancy between these Terms of Service, Privacy Statement or Licence Agreement with respect the collection, use, and/ or disclosure of the personal information, Our Privacy Statement will prevail.
You represent and warrant to Us that:-
- You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for Us to process the personal information in accordance with these Terms of Service and Our Privacy Statement;
If You are providing personal information to Us that is not personal to You, You agree that You have either provided the data subject notice or received permission from the data subject and have the appropriate legal basis, as required by applicable law, for Us to:-
- Use, and/ or disclose the personal information in accordance with Our Privacy Statement;
- Move the data outside of the country of residence of such owner of the personal data, if applicable, pursuant to Our Privacy Statement;
- Otherwise use and disclose the personal information in accordance with these Terms of Service, Privacy Statement and Licence Agreement.
What We ask You not to do
You agree that You will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Our Website or any portion of it without Our express written consent, which may be withheld at Our sole discretion;
Use or attempt to use any engine, application, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Our Website, other than the search engines and search agents available through Our Website and other than generally available third-party web browsers (such as Microsoft Internet Explorer);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Our Website;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the Software comprising or in any way making up a part of Our Website.
The security of Your personal information is important to Us. We follow generally accepted industry standards to protect the personal information submitted to Us, both during transmission and once We receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, We cannot guarantee its absolute security.
We may provide You with a mechanism to provide feedback, suggestions and ideas, if You choose. You agree that We may, in Our sole discretion, use the feedback You provide in any way, including in future modifications of the Our Website, multimedia works and/ or advertising and promotional materials relating thereto. You hereby grant Us a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the feedback in any manner and for any purpose.
Non-human visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from a website automatically. Non-human visitors are restricted from taxing the resources of Our Website beyond what would be typical of a human visitor.
Furthermore, as specified by the "no-email-collection" flag in the header pages within Our Website and/ or the contents of the robots.txt file, e-mail addresses and contact forms on this site are considered Our proprietary intellectual property. It is recognized that these e-mail addresses and contact forms are provided for human visitors alone, and have value in part because they are accessible only to said human visitors.
By continuing to access Our Website, You acknowledge and agree that each e-mail address and contact form on Our Website has a value not less than £100 derived from their relative secrecy. You further agree that the compilation, storage, potential distribution or use of these addresses and/ or contact forms by non-human visitors substantially diminish the value of these addresses and contact forms.
Intentional collection, harvesting, gathering, storing e-mail addresses or use of contact forms by non-human visitors is recognized under this agreement as a violation of this agreement and expressly prohibited.
Any non-human visitors to Our Website shall be considered agents of the company or individual(s) who control or author them who shall ultimately be responsible for the behavior of their non-human visitor agents and are liable for violations of these Terms of Service.
Records of visitor use and abuse
As a visitor to Our Website, You consent to having Your Internet Protocol address recorded, which is used to monitor Your activity.
Our Website also detects hacking and snooping attempts, should this be detected Your Internet Protocol will be denied access to Our Website.
Termination and Amendment
Your privilege to use or access the Our Website may be terminated immediately and without notice if You fail to comply with any of these Terms or Service. Upon such termination, You must immediately cease accessing or using the Our Website and agree not to re-register or otherwise make use of Our Website. Furthermore, You acknowledge that We reserve the right to take action (technical, legal or otherwise) to block, nullify or deny Your ability to access Our Website. You understand that We may exercise this right in its sole discretion.
We reserve the right, in Our sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, Our Website (or any part thereof). We shall not be liable to You or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
We try to ensure that information on Our Website is accurate, complete and up-to-date. In using Our Website, however, You agree to be bound by the Terms of Service, which take effect on the date when You first use Our Website.
Without prejudice to Your statutory rights, Our Website and all information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided 'as is' and without representation warranty or endorsement, express or implied. In particular, We do not warrant or represent the accuracy or completeness of information or functionality provided on Our Website nor do We guarantee that use of Our Website will be uninterrupted or error-free, or that Our Website and its servers are free of computer viruses or bugs.
In no event will Blue Ring Digital Services Limited or any of it's employees be liable to any person or entity for any damage or loss that may arise from the use of any information contained in Our Website or from the use of any of the services We provide or Our Software, including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of Our Website.
Notwithstanding anything else in these Terms of Service, We will not be liable for claims relating to the functionality or availability of Our Website or Software.
You acknowledge and agree that any complaints or claims brought forward by You or Your representative (directly or via legal channels), if upheld, will have a monetary limit. This limit will be the amount You paid to Us for the product or service provided only for the period in which Your complaint relates. For more information please see Our Complaints Policy.
You acknowledge and agree that We shall not be responsible for any failures or delays in performing Our obligations arising from any cause beyond Our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
Changes to Our Terms of Service
These Terms of Service replace all previous versions. We reserve the right to change these Terms of Service at any time.