Terms & Conditions

BOLSOVER NETWORKS LLP

Super Simple Shop Terms of Service

Super Simple Shop (the Service) is a service that provides users such as yourself (you) with a convenient, speedy and cost efficient means for getting your business online. We offer you a range of website templates ("Our Content") that you can customise with your own text, graphics and photos ("Your Content") to create your own attractive e-commerce facility, complete with standard terms and conditions of sale and privacy policy. You can register your own domain name on our site and we will host your website or you can use a sub-domain of our website. To use Super Simple Shop, you must register with us and to register, you must accept these terms and conditions of service (the Terms).

To keep the costs down, we do not, as part of this service, provide any supplementary design services or additional support. The Service is based on an ‘easy in/easy out’ model, so you can terminate your subscription at any time. Please see our FAQs for more information on the practical implications of exiting the Service. It is our hope that your business will find significant success online and find that the simplicity of the Service and the transparency of our charging mechanisms provide a satisfactory experience for the longer term.

You should understand that by registering with us and using the Service, you are entering into a contract with us on these Terms to the exclusion of all others (Contract). So it’s important that you read them carefully. If you don’t accept them, you will not be able to register with us and will only be able to use the site as a casual user, in which case your use of the Site will be governed by our Terms of Use. If you have any questions, please first have a look at the FAQs and if that doesn’t help, contact us with your query.

Please keep a copy of the Terms for reference in the future. We’ll post a notice on our website (the Site) and/or inform you by email, SMS or similar in the event that we update them.

Registration

The Site is operated by Bolsover Networks LLP (we, us, our). We are a limited liability partnership registered in England & Wales (registered number OC346362) and our registered office is situated at Ouseburn Building, Albion Row, Newcastle upon Tyne, Tyne & Wear NE6 1LL. Our VAT number is 983582474.
These Terms apply to all use by you of the Site and the Service. To use the Service, you must register and in so registering, you accept the Terms set out in this document to the exclusion of all others. In consideration of your payment of the Fees, we will provide the Service to you only on the basis of these Terms, updated from time to time by us in accordance with clause 10.1.
Bolsover Networks LLP is registered in The Register under the Data Protection Act 1998, registration number Z2344910.

Your Obligations

You confirm that all information supplied by you (including your email address and mobile phone number details) in connection with your registration is accurate and relates only to you.
You agree that you will maintain the accuracy of all information supplied in relation to your registration for as long as you make use of the Site and that you will update that information as necessary.
When you accept these Terms in registering to use the Site and the Service, you warrant that:

You are legally capable of entering into binding contracts;
You are at least 18 years of age;
Your Content contains no material that is offensive, obscene, abusive, libellous, false, misleading, illegal, immoral, or otherwise unlawful;
The intellectual property rights in Your Content are yours or that you have the right to use those intellectual property rights.

References to "intellectual property rights" in clause 2.3 and throughout these Terms includes, without limitation, patents, copyright particularly in artistic and literary works, registered and unregistered trade marks, registered designs and unregistered design right. It also includes rights of confidence and trade secrets.
If you seek to contract with us on behalf of a partnership you hereby warrant that you are entitled to enter into this Contract on behalf of your partners.
Either you or we may terminate this agreement at any time without notice. To do so, you can follow the exit procedures described on the Site.

Fees

You agree to pay us in advance on a month by month basis or a year by year basis for your use of the Service at the rates listed on the Site from time to time.
If you decide to downgrade or upgrade your use of the Service, the revised rate will take effect at the start of the following month in the case of monthly payments and will will take effect at the start of the following year in the case of annual payments.
If you have purchased an activation code and CD-ROM containing a link to our website it is deemed that you have paid for the first year of an annual subscription.
The rates listed include VAT.
You hereby authorise us to deduct all Fees due to us from the credit card or debit card you provide to us.
The default currency used in the Service is Sterling and all Fees due to us shall be paid by you in Sterling.
You agree to inform us immediately in the event that you replace your credit card or debit card or should, for whatever other reason, the credit card or debit card details that you have provided to us are no longer valid.
In the event that your credit card or debit card payment is refused, we will inform you immediately by email. You must then update your payment details with a new credit card or debit card or else resolve the issue with your bank. If you fail to make payment within 14 days of the initial payment refusal, we may suspend your Contract until payment is made. We will add a reasonable administrative fee to the following month’s payment and monthly payments will continue to accrue until either you terminate the Contract or make payment.

Liability

Save as provided for at clause 4.3, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, data, business or goodwill) howsoever arising.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits relating to the use of the Service for your purposes. The sale or offer for sale of certain items may be prohibited by national laws. We make no representation and accept no liability in respect of the breach of any such laws resulting from your use of the Service.
Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded or limited, nor in any way to exclude or limit our liability to you for fraud or for death or personal injury resulting from our negligence.
You hereby agree to indemnify us on demand and to hold us harmless from all actions, claims and proceedings made or taken against us from time to time and for all loss or damage and all payments, costs or expenses (including legal costs) made or incurred by us as a result of the breach of the warranties you have given at clause 2.3 or which otherwise arise in respect of your use of the Service.
We do not warrant that your use of the Service will be uninterrupted or error-free and all liability howsoever arising in respect thereof is hereby excluded.

Data Protection

We collect and process personal information when you register. This information may include, without limitation, your name, address, gender, date of birth, email address, mobile phone number, and messaging service identity.
Please see our Privacy Policy for more information on how we will process your personal data.
You hereby acknowledge and consent to our provision of your personal data and other information concerning your use of the Site and the Service to law enforcement agencies, regulatory bodies and otherwise as required by law.
If you wish us to delete your personal information following termination of the Contract, please contact us using the details provided or follow the directions given on the Site.
The tools that we provide include the storage of data relating to your customers. The Data Protection Act 1998 requires that we delete that data on termination of the Contract.
You warrant that You are properly notified under the Data Protection Act 1998 to the extent required for the processing of personal data (as defined in that Act, "Personal Data") required in the performance of this Contract. You agree to comply with the relevant provisions of the Data Protection Act 1998 and any directions issued by the Information Commissioner in the processing of such Personal Data.
You will fully indemnify us against the costs of dealing with any claims made in respect of information subject to the Data Protection Act 1998, which claims would not have arisen but for some act, omission or negligence on the part of Yourself, or Your subcontractors, agents or staff.
In processing Personal Data on your behalf, we will:

take such technical and organisational security measures as are appropriate to protect against unauthorised or unlawful processing of, and/or accidental loss or destruction of, or damage to, such data;
only process such data for and on Your behalf in performance of Our obligations under these Terms and where necessary to ensure compliance with the Data Protection Act 1998 only on and in accordance with instructions from You;
comply promptly with any request by You or any Court order to cease processing or to rectify, block or erase any such data;
allow You to audit (but strictly only so far as is necessary for compliance by the parties with the demands of the Data Protection Act 1998) Our books, records, policies, procedures and technical and organisational security measures on reasonable notice to ensure that it complies with its obligations under this clause;
not transfer any such data outside the European Economic Area if such transfer would breach the eighth data protection principle set out in the Data Protection Act 1998, save insofar as such transfers are unavoidable due to the nature and infrastructure of the internet; and
use all reasonable endeavours to assist You to comply with the obligations imposed on You as Data Controller by the Data Protection Act in respect of such data.

We will not store financial details such as credit or debit card numbers or card security codes (CVVs)

Domain Name Registration

Please see our FAQs for more information on the technicalities involved with registering a domain name, including what sort of domain names are permissible. We will use reasonable endeavours to ensure that the domain name you have chosen is registrable. Domain names are registered using the services of NameCheap Inc. You are bound by their terms and conditions which can be seen at http://www.namecheap.com/legal/reg-agreement.asp
Domain name registrations for Generic Top Level Domains ("gTLDs") via an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN"). On successful registration of a gTLD domain name, you acknowledge and accept that you will be bound by the Uniform Dispute Resolution Policy ("UDRP"), as amended from time to time. Country Code Top Level Domains ("ccTLDs") are also governed by similar dispute resolution policies, in some cases, the UDRP. Whether you are registering a gTLD name or a ccTLD name, you agree to be bound by the terms and conditions of the registrar in question.
Registrations of .tel, .eu and non-roman alphabet domain names are subject to additional terms and conditions. Please contact us for further information about these, should they be relevant to you.
It is a condition of domain name registrations that you provide current and perpetually updated information relating to the ownership of that registration. Failure to do so could result in the domain name registration being revoked and may even constitute a criminal offence in some jurisdictions. You acknowledge that the information you do supply will be publicly accessible via the WHOIS directory. If you register a domain name on behalf of an employer or a partnership, You hereby warrant that you are entitled to register the domain name in question and that you have the permission of the third party for whom you are registering the domain name to use their contact information in the registration process and enter into the registration contracts with Us and with the registrar in question on their behalf. You also warrant that the registration and use of the domain name you have chosen will not infringe the rights of any third party, that you will not use the domain name for unlawful purposes or in violation of any applicable laws
You acknowledge and agree that We do not guarantee that You will be able to register Your desired domain name, even if Our systems indicate that domain name is available or You are able to complete an order with respect to that domain name. You also accept that We cannot know with certainty whether or not the domain name that you seek to register is being sought by a third party simultaneously, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that We are not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that Your registration or renewal has been properly processed. You further acknowledge and agree that We may elect to accept or reject Your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that We are not liable or responsible in any way for any errors, omissions or any other actions by any third party including any registry administrator arising out of or related to Your application for and registration of, renewal of, or failure to register or renew a particular domain name.
You further acknowledge and agree that Your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to Your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including The company Limited) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that We shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify Your domain name registration at such time as We receive what reasonably appears to be (a) an authentic notification from a court of competent jurisdiction, or (b) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration. You acknowledge that the various policies and conditions to which Your registration may be subject to may be changed from time to time and that your continued use of the domain name following the publication of such changes will constitute your acceptance of those changes.

Our Content

In consideration of Your payment of the fees in accordance with these Terms, we grant you a non-exclusive licence to use the website templates and other materials that we provide via the Site only for the purposes of building an e-commerce presence for your business. Ownership of Our Content remains with us at all times.
You acknowledge that Our Content was not designed specifically for You and that we have no knowledge of the particular needs or requirements of Your business. You agree to satisfy yourself that Our Content is suitable for your needs and requirements. If you have specific needs that Our Content does not cater for, please contact us to discuss how we can help you further.
We do not warrant that the use of Our Content will be error or interruption free. If You find an apparent fault in Our Content, you agree to inform us of this. We will investigate the apparent fault and, at our discretion, make such changes to Our Content as we deem to be appropriate in the circumstances.
You shall not:

attempt to obtain access to, use or interfere with any programs or data belonging to Us and stored on our servers (other than access to and use of our systems in accordance with these Terms) or of any the programs or data of any of our other clients;
copy the whole or any part of Our Content or use it for any purpose for which it was not designed;
modify merge or combine the whole or any part of Our Content with any other software or documentation of any kind.

We warrant that the Intellectual Property Rights in Our Content is controlled by Us and that we are entitled to licence those rights to You. We warrant that Your use of Our Content will not infringe the rights of any third party.

Web Hosting

When you use the Service, we will be hosting your website. In order to administer your website, you must:

provide all equipment, including a computer and modem necessary to establish a connection to the Internet; and
provide for your own connection to the Internet and pay any telephone service fees associated with such connection.

We host all Super Simple Shop sub domains. However, if You use a domain name which is not a sub domain of Super Simple Shop the domain name will be hosted on a server outside of our control. In the case of domain names which are not a sub domain of Super Simple Shop, you transfer a domain name to a third party or allow your domain name registration to expire, you will no longer be able to use the Service and in this instance, no refund on fees paid will be made.
We will not be liable for the loss of any data stored on our servers. You must keep copies of all data you upload in using the Service. You will obtain and maintain such insurance as you consider to be appropriate in the circumstances. Although we will carry out back ups, we do not warrant that such back ups will be effective or that your website can be restored from such a back up following a disaster. We will carry out periodic scans of content that you upload for virus infection or any other code that could be damaging. We reserve the right to isolate and erase any files or directories we find to be at risk or any files or directories that we are unable to scan.
You will keep all log in details and other confidential information relating to your account secure and you will notify us immediately in the event that your account is used in any way without your authorisation. You will indemnify us for any loss, damage or expense (including legal fees that we incur) as a result of your failure to keep account ID, passwords and other information secure. From time to time we may issue guidance on security issues. You agree to follow and implement this guidance.
We do not guarantee that the use of Our servers will be uninterrupted or error free. Aside from planned maintenance time, which we shall inform you of in advance, we shall use reasonable endeavours to ensure that your website is available to the public for 99% of the time, 24 hours a day and 7 days a week. We cannot guarantee that Our servers will be free of hackers, crackers or other unauthorised users.
Email forwarding services are provided free of charge but should not be relied upon for business critical purposes or any other purpose where its failure would result in loss or damage to you or any third party.
If your website receives a large amount of traffic or engages in the delivery of content that is overly taxing to our resources or where we find that your website is using a level or our resources that we, acting reasonably, consider to be abnormal, we reserve the right to suspend the website temporarily whilst we agree with you alternative arrangements for the hosting of the website outside of the Service.
Where we reasonably consider the Service to be at risk from identified sources of high volume traffic, we may filter or block that traffic at our discretion, perhaps permanently. We will endeavour to restore the Service as traffic flows return to normal provided that to do so will not damage or adversely affect the Service.
We may suspend the hosting of your website at any time and for any reason but if such suspension lasts more than 10 days, we will refund to you the Fees that you have paid for use of the Service during the period that your website has been suspended.
The Service has been integrated and tested with Paypal, but we will use reasonable endeavours to integrate with your chosen internet payments solution. Arranging such accounts (and any consequential ‘merchant account’ you must have with a bank) is your responsibility.

Limitation and Liability

The following provisions set out Our entire liability (including any liability for the acts and omissions of Our employees agents and sub-contractors) to You in respect of:

any breach of Our contractual obligations arising under this Contract; and
any representation statement or tortious act or omission including negligence arising under or in connection with this Contract.

Our liability to You for death or injury resulting from Our own negligence or that of Our employees, agents or sub-contractors shall not be limited. Nothing in these Terms shall be interpreted so as to exclude or limit any such liability.
Any act or omission on Our part or Our employees, agents or sub-contractors falling within clause 9.1 above shall for the purposes of this clause 9 be known as an "Event of Default". If a number of Events of Default give rise to substantially the same loss then they shall be regarded as giving rise to only one claim under this Agreement.
Our liability to You in respect of damage to physical property resulting from an Event of Default shall be limited to £500,000. For the avoidance of doubt, physical property shall not include software, computer code or data.
Save for Our liability to You in respect of damage to the physical property, Our entire liability in respect of any Event of Default shall be limited to damages of an amount equal to an aggregate of the Fees charged in the twelve months preceding the Event of Default.
Without prejudice to the limitations placed on Our liability expressed in clauses 9.4 and 9.5 above, in the event that a Court decides that following an Event of Default You are justified in terminating this Agreement for total failure of consideration We shall refund to You all Fees received from You.
Under no circumstances shall We be liable to you for loss of data or software restoration, or for loss of profits, loss of goodwill, or for any type of special indirect or consequential loss (including loss or damage suffered by You as a result of an action brought by a third party) even if such loss was reasonably foreseeable or We had been advised of the possibility You incurring the same.
You hereby agree to afford Us not less than twenty-eight (28) days (following notification in writing thereof by You) in which to remedy any Event of Default hereunder.
We shall have no liability to You in respect of any Event of Default unless You have served written notice of the same upon Us within three (3) months of the date You became aware of the circumstances giving rise to the Event of Default or the date when it ought reasonably to have become so aware.
Nothing in this clause shall confer any right or remedy upon the Client to which it would not otherwise be legally entitled.

Variations

We may vary these Terms at any time. Any such variation shall be effective once posted on the Site.
We shall endeavour to notify you by email that the Terms have been updated, but such notification is entirely without prejudice to this clause and we shall not be liable under any circumstances for your failure to receive or our failure to send such notification.
At all times it is your responsibility to read and satisfy yourself as to the Terms laid out herein. Your continued use of the Service after any variation to the Terms indicates your acceptance of the updated Terms.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to us at info@supersimpleshop.com. We may give notice to you by SMS, email or post at the addresses you provide to us when registering with us, or in any of the ways specified in clause 8.1 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email or SMS text message is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee, and in the case of an SMS text message, that such SMS text message was sent to the specified mobile telephone number of the addressee.

Transfer of rights and obligations

Your registration on these Terms gives rise to a Contract between you and us that is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our 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:

Strikes, lock-outs or other industrial action;
The failure of an SMS text message provider to deliver an SMS text message (other than a failure due to non-payment by us of the SMS text message fee);
Public or private telecommunications network failure;
The acts, decrees, legislation, regulations or restrictions of any government.

We will take reasonable measures to ensure the security of Your Content while they are stored on our servers, using appropriate levels of encryption. However, we cannot guarantee that Your Content will be 100% secure and we hereby exclude any liability regarding the loss of Your Content copying and subsequent illicit distribution as the result of hacker activity, whether such issues arise as a result of the storage of Your Content or its transmission to or from our servers. If you become aware of hacker activity on the Site, please contact us urgently.

Waiver

If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms.

Severability

If any of these Terms 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.

Entire agreement

These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
The following documents are part of these terms and conditions:

You acknowledge that, in registering with us, you have not relied on any representation, undertaking or promise given by us or implied from anything said or written in negotiations by us prior to your registration except as expressly repeated in these Terms.
You shall have no remedy in respect of any untrue statement made by us, whether orally or in writing, prior to the date of your registration (unless such untrue statement was made fraudulently) and your only remedy shall be for breach of contract as provided in these Terms.

Third Party Rights

A person who is not a party to the Contract we have made with you has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

Law and jurisdiction

These Terms and your registration give rise to a binding contract between you and use that will be governed by English law. Any dispute arising from, or related to your use of the Site and the Service shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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