Terms of Service
Terms of Service.
1.2 Prior to use any chloedigital services as outlined on our website and therein this agreement (the “Services”), you must read, understand and agree to these terms. To create an account with chloedigital, you are required to read and accept these terms.
2.1 In signing up to chloedigital Services, you are required to provide registration information.The registration information you provide must be yours and accurate. Any failure to notify us of any changes to this information constitutes a breach of our Terms of Service.
2.2 You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account.
2.3 You are required to immediately notify chloedigital of any security breach of your Account. We accept no liability for any losses arising out of the unauthorised use of your Account.
Description of Service.
3.1 chloedigital is an online Service that offers online support to operators of websites in the style publishing industry, running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content chloedigital makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. The chloedigital Service does not support multi-site WordPress installations.
3.2 Your access to and use of the Site may be interrupted from time to time as a result of maintenance or repair of the Site or any other reason within or outside the control of chloedigital.
3.3 Requests for Services that fall outside of those provided under any membership will be priced on a ad-hoc basis to be determined by chloedigital in consideration of the nature of the request. Members acknowledge that any provision of ad-hoc Services will be governed by chloedigital standard terms of services as set out therein.
Requests and the nature of our Service.
4.1 chloedigital subscribers may purchase the following Subscriptions:
Please note that any calls may be recorded for training purposes. If you have questions regarding the nature of your support request please contact us at chloedigital for clarification.
5.1 You agree that you will pay for the Services upon subscribing to a chloedigital membership by paying a monthly subscription fee.
5.2 You shall, on the effective date of subscription, provide to chloedigital valid, up-to-date and complete payment details.
5.3 Once you have subscribed, your payment to chloedigital will automatically renew at the end of the subscription period, unless you cancel your paid subscription via written request to chloedigital before the end of the current subscription period.
5.4 chloedigital may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees) that may be accrued by or in connection with your Account.
5.5 chloedigital may change the price for the subscription fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes.
5.6 YOU ARE RESPONSIBLE FOR THE TIMELY AND FULL PAYMENT OF ALL FEES AND ACCEPT LIABILITY ON BEHALF OF ANY THIRD PARTY IN THE EVENT OF LATE PAYMENT.
5.7 If chloedigital has not received payment within 30 days after the due date, and without prejudice to any other rights and remedies, chloedigital may, without liability to the subscriber, disable your account and access to all or part of the Services. In this event, chloedigital shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of Natwest PLC Bank from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
Cancellation and Termination of Services.
6.1 When you sign up for chloedigital membership, you agree to pay for Services for a minimum period of 3 months (“Minimum Period”), save for our Luxe Membership which has a minimum period of 6 months due to the nature of the service (“Luxe Minimum Period”).
6.2 You may cancel your subscription at any time within 14 calendar days (“cooling off period”) from the day after the commencement of the contract for Services. However, following this period, you may not cancel until such a time as the Minimum Period or the Luxe Minimum Period has elapsed, following which, you may cancel at any time.
6.3 If you wish to cancel your subscription, you must contact us with your account closure request via email at email@example.com.
6.4 The cancellation will take effect the day after the last day of the current subscription period, and we terminate your account accordingly.
6.5 In the event that you cancel your subscription (1) after you have used chloedigital services during the cooling off period or (2) the Minimum Period has elapsed or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us.
6.6 chloedigital at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of chloedigital : (a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, chloedigital’s network, or the use and enjoyment of chloedigital’s other users; (c) chloedigital receives an order from a court to terminate the Service you are availing ; (d) if chlodigital for any reason ceases to offer the Service; (e) if you are no longer chloedigital customer, or (f) chloedigital determines that you are abusing the Service. chloedigital, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
7.1 You agree that chloedigital own all intellectual property rights created in the provision of the Services. Except as expressly stated herein, this Agreement does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services.
7.2 All chloedigital logos, designs, scripts and coding created during the provision of services, are intellectual property of chloedigital.
7.3 Any use of intellectual property owned by chloedigital may not be used in connection with any product or service without our prior written consent.
8.1 Members acknowledge that from time to time chloedigital may wish to refer to its relationship with you as a member in its promotional literature and marketing materials. On acceptance of these terms, members consent to the inclusion of its name and images in such materials.
8.2 chloedigital reserves the right to include the wording “Powered by chloédigital” on any members website for the duration of their subscription with chloedigital. The word “chloedigital” in foregoing shall incorporate a hyperlink to the chloedigital website and the wording as whole shall be of a reasonable size and be located a reasonably prominent and unobscured position.
Third Party products and/or services.
9.1 As part of the Services, chloedigital may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether chlodigital assists you in the acquisition, installation, and/or use of Third Party Software. chloedigital has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
10.1 You hereby expressly and irrevocably indemnify and hold harmless chloedigital against claims, actions, proceedings, losses, damages, expenses and costs arising out of or in connection with the use of the Service.
10.2 You agree that this discharge of liability will apply to chloedigital and it’s affiliated companies including its and their directors, employees, agents, representatives, independent contractors, licensees and assignees. You agree that this discharge of liability will apply to any and all proceedings, debts, claims and demands (both in law and equity) which you have had in the past, present or may have in the future arising directly or indirectly out of your use of the chloedigital Site and/or chloedigital Services.
10.3 You hereby agree that chloedigital and it’s affiliated companies including its and their directors, employees, representatives, independent contractors, licensees and assignees, shall have no liability for any damage caused by errors made in connection with the Services.
10.4 You accept that all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement. Nothing in this agreement excludes the liability for death or personal injury caused by the Supplier’s negligence or for fraud or fraudulent misrepresentation.
10.5 You hereby agree that chloedigital shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.
10.6 You agree to indemnify chloedigital against all claims, losses, expenses, damages and costs relating to any breach of these Terms, material and/or the use of or reliance upon the Services, by you or any person acting on your behalf when using your chloedigital account.
Limitation of Liability.
11.1 chloedigital shall not be liable under any circumstances to you under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
11.2 CHLOEDIGITAL MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. YOU ACCEPT THAT YOUR SOLE REMEDY SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE
12.1 chloedigital shall have no liability to you the subscriber under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other commercial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.
Changes to our Terms.
13.1 It is at the sole discretion of chloedigital to modify or replace the terms at any time. chloedigital will notify you of any modification to our Terms via email correspondence. You are responsible for reviewing our Terms upon notification of any change and continuing use of our Services shall constitute your acceptance of these Terms.
14.1 These Terms apply to the use of our Services and do not create any agency, employment, partnership or joint venture, or employment with any Party.
14.2 chloedigital shall not be liable for any failure to perform its obligations under these Terms in circumstances beyond reasonable control. We accept no responsibility for any electronic, server or communications failure.
14.3 If any provision of our Terms or Private Policy is found to be unenforceable or unreasonable, that provision shall be limited or excluded to the extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
14.4 Chloedigital may assign this agreement or any part of them, and chloedigital may delegate any of its obligations under the agreement. You may not assign the agreement or any part of them, nor transfer or sub-license your rights under the agreement, to any third party.
14.5 The Terms shall be governed by and construed in accordance with the laws of England and Wales. By accepting these Terms, you and we both agree to the exclusive jurisdiction of England and Wales.