This Terms of Service is a legally binding contractual agreement between Abstraction Marketing and you (“The Customer” or “you”) that shall govern the purchase and use of the services provided by Abstraction Marketing to you, the customer.
By purchasing and/or using the Services in any way, you represent that you have read, understood, and agreed to all terms and conditions set out in this Terms of Service Agreement. If you do not agree to all the terms and conditions set out in this Agreement, then you may not use any of the Services Abstraction Marketing offer.
1.0 The person kept on our records as the primary billing contact shall be the owner of the account.
1.1 Abstraction Marketing may modify the products and services it offers from time-to-time.
2.0 This Agreement becomes effective immediately when the Customer accepts our quotation and remains binding until terminated by either party as explained below.
3.0 Abstraction Marketing payment terms are 14 days. All payments must be cleared within 14 days from the date stated on the invoice.
3.1 Abstraction Marketing can only automatically collect payment from customers with payment details stored on file. Ongoing payments are via Direct Debit. All other payment methods (one-time credit card payments, cheques, bank transfers etc.) must be initiated manually by you, The customer. You should ensure that ongoing fees are paid on the date agreed.
3.2 As a customer of Abstraction Marketing, it is your responsibility to ensure that all billing information on record with Abstraction Marketing is correct and that any bank account details or another automated payment method on file have sufficient funds for processing. You are responsible for all fees charged to your payment method by the issuer including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.
4.0 Any account not paid in full within 14 days of the invoice date for the service(s) provided to the relating invoice, will be given a 7-day grace period. If payment is not made within the 7 day grace period, all website & associated email services will be switched off and interest will be charged in accordance with the Goverment guidelines. (More info can be found here)
4.1 Abstraction Marketing will not be responsible for any damage caused or losses incurred as a result of suspension or termination for non-payment of your account. In addition to this, Abstraction Marketing reserves the right to refuse to re-activate your website, or any other services until all outstanding invoice(s) have been paid in full.
5.0 Abstraction Marketing will not accept any new orders or provide additional services for customers who have an outstanding balance. For a new order to be set up or a new package to be activated, you must have a balance of zero pounds, unless stated otherwise by Abstraction Marketing.
5.1 If you believe there is an error in Abstraction Marketing’s billing, you must ensure you contact Abstraction Marketing about it, in writing, within 14 working days of the date you are invoiced or charged. You waive your right to dispute any charges or fees if you fail to notify Abstraction Marketing in writing or meet the deadline outlined above. If Abstraction Marketing finds that your dispute is valid, Abstraction Marketing agrees to credit your account on your next billing date. Any 3rd party fees are not subject to this dispute.
6.0 If Abstraction Marketing receives a chargeback or payment dispute from a credit card company, bank, or financial institution, your services may be suspended without any notice. A £75 chargeback fee (this is to recoup the fees passed on to Abstraction Marketing by the financial institution), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service can be restored. Instead of issuing a chargeback, please get in touch with Abstraction Marketing to address any billing queries and issues.
6.1 If Abstraction Marketing appeals a chargeback or other payment dispute and wins, the funds will probably be returned to Abstraction Marketing by the financial institution. Any double payment resulting from this process will be applied to Customer’s account in the form of an account credit.
7.0 Either party may terminate this Agreement by providing notice to the other as provided herein.
7.1 You may cancel your service(s) with Abstraction Marketing by submitting a cancellation request in writing by emailing Abstraction Marketing at firstname.lastname@example.org. Cancellations will not be finalised until Abstraction Marketing confirms by replying to the email.
7.2 If you pay Abstraction Marketing via Direct Debit or Standing Order, it is your responsibility as the customer to cancel any subscription for recurring/ongoing payments. Abstraction Marketing cannot be held responsible for payments made from your bank account after cancellation and is under no obligation or authority to refund such payments made after cancellation.
7.3 Abstraction Marketing has the right to terminate this Agreement at any time by providing notice to Customers via email.
8.0 Abstraction Marketing reserves the right to refuse service to anyone at any time.
8.1 Abstraction Marketing reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. Abstraction Marketing is not responsible for any damages or loss of data resulting from such suspension or termination.
8.2 If any manner of communication with Abstraction Marketing’s staff could be construed as threatening, or abusive, you will be issued with a warning. If the communication continues, your account could be suspended or terminated without any refund. This includes threats to sue, slander, libel or publicly post.
10.0 Abstraction Marketing provides a non-exclusive, non-transferable license to use the technology provided to access and use the digital services. This license expires on the termination of this Agreement. This license does not grant any additional rights to you, the customer. All interest in Abstraction Marketing’s technology shall remain with Abstraction Marketing or its licensors. You are not permitted to circumvent any devices designed to protect Abstraction Marketing or its licensor’s ownership interests in the technology provided to you. Also, you may not reverse engineer any technology.
11.0 Abstraction Marketing reserves the right to add, modify, or remove any or all features from any digital services Abstraction Marketing provides, at any time, with or without notice.
12.0 Abstraction Marketing uses the services of 3rd hosting and cannot guarantee that your website and services will be accessible 100% of the time. Abstraction Marketing does, however, use the most reliable 3rd party hosting providers to ensure uptime is always at its highest possible %.
12.1 Abstraction Marketing does not offer credit for any downtime due to any 3rd party hosting providers technical issues.
13.0 Abstraction Marketing will provide technical support to you in office hours on standard working days (not including bank holidays). Abstraction Marketings official method of technical support is via email. The email address to use for any technical support is email@example.com.
13.1 Limited support will be provided, at Abstraction Marketing’s discretion and subject to availability of staff, via email. Abstraction Marketing will always do its best to provide a fast, friendly, and helpful support service.
13.2 Abstraction Marketing reserves the right to direct any issue to the technical support email address at its discretion and to refuse to provide support for such issues via any other communication channel.
14.0 Support to Customer is limited to Abstraction Marketing’s area of expertise and is available only for issues related to the actual functioning of the Services provided, these include web design, web development and the functioning of any CMS (content management system). Premium Technical Support is available on request at either a contractual or non-contractual rate of £45 per hour.
15.0 Abstraction Marketing does not serve as a domain name registrar. Abstraction Marketing can assist in the purchase and set up of any domain names required however these will be set up with customers details and payment methods. Abstraction Marketing is not responsible for any loss of domains due to non-payments with the domain registrar.
16.0 Abstraction Marketing offers a standard warranty of 3 months on all custom web design and development projects from the date of the project launch. It's the responsibility of the customer to inform Abstraction Marketing within the 3 months of any outstanding technical issues which will get rectified accordingly within an agreed time frame.
17.0 Abstraction Marketing reserves the right to modify this Agreement, in whole or in part when required.
18.0 Except for the obligation to pay any monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.
19.0 All website design, website development and print design services by Abstraction Marketing are custom services meaning that it's done at the custom request of the client. Because of this, no refunds or time will be credited against any aspect of a custom project regardless of the products/services being used or unused. Technical issues will get resolved under our three-month warranty as set out above.
20.0 Abstraction Marketing does its best to ensure the websites they build work well on all modern browsers. Viewing a website in a very old browser is likely to render the website in a poor manner.
Our browser policy is to ensure the websites we build render as they should on the following browsers:
Internet Explorer 10 or later (Microsoft Edge as it is now)
The latest version of Firefox
The latest versions of Chrome and Safari
Please be aware however that even in these browsers there might be slight differences in appearance and functionality: it's impossible to ensure everything renders identically in all browsers without creating specific multiple versions of websites at an additional cost.
Some older browsers are incapable of rendering modern websites. For these browsers, we will do our best to ensure the website we develop render satisfactorily.
If you are using a CMS (content management system) to update the website we have built for you, we support only the latest version of these web browsers:
Most of the websites that we build will be mobile-friendly, meaning they will render accordingly for the device they are being displayed on. We will ensure that the website we have built will look correct on the latest versions of iOS and Android.