Terms & Conditions
for the purchase and use of
website and social media templates
Please read the following T & Cs before you purchase a website or social media template.
This contract sets out:
• your legal rights and responsibilities;
• my legal rights and responsibilities; and
• certain key information required by law.
In this contract:
• ‘I’, ‘me’ or ‘my’ means Gretta Ford Consultancy Ltd. trading as ‘Set Up to Succeed’ and
• ‘You’ or ‘your’ means the person buying or using my services and resources.
If you would like to speak to me about any aspect of this contract, please contact me by e-mail at gretta@setuptosucceed.co.uk.
Background
Gretta Ford Consultancy Ltd. is a limited company with company number 14591210 and with its registered office at Rivers Lodge, West Common, Harpenden, Hertfordshire, AL5 2JD.
I provide online courses, workshops, templates and resources as well installation/ customisation options (products and services) to businesses (ie. self-employed dog trainers and animal behaviourists). Because I only provide these services to businesses, consumer protection legislation does not apply to this agreement.
1. Introduction
1.1 If you purchase a website or social media template and/ or opt for customisation/ installation/ add-ons, such as brand design (‘products and services’) you agree to be legally bound by this contract.
1.2 When buying any products or services you also agree to be legally bound by:
1.2.1 my website terms of use and privacy policy;
1.2.2 any specific or additional terms which apply to my products and services, as set out in the description on the relevant webpage or in email correspondence between us.
1.2.3 the additional service terms for bespoke brand and website design (these are applicable if you are also opting for installation/ customisation/ brand design).
All these documents form part of this contract as though set out in full here.
2. Signing up for my services
2.1 To be eligible to purchase any products or services from Set Up To Succeed, you must be a self employed animal professional who only uses ethical/ force-free/ positive methods. Trainers, behaviourists (or anyone else working with animals) who use aversive/ punishment-based or 'balanced' methods are not eligible to work with me. I only supply services to businesses, not consumers. By agreeing to these Terms and Conditions, you are confirming that you meet the eligibility criteria and understand that if this is found not to be the case, your account will be de-activated and you will no longer have access to the products/ services that you have paid for. In such cases, no refund will be given.
2.2 Below, I set out how a legally binding contract to buy products/ services between you and me is made:
You place an order either on the site by clicking on the relevant payment link or I shall send you a link by email. Placing your order and making payment does not, however, mean that your order has been accepted.
2.2.1 When you decide to place an order for products or services with me, this is when you make a legal offer to buy such products/ services from me.
2.2.2 I may contact you to say that I do not accept your order, for example if I do not think my products/ services are right for you or there has been a mistake in the pricing or description of the products or services.
2.2.5 I shall only accept your order when I confirm this to you by sending you a confirmation email or upon delivery of the product or service, whichever happens earlier. At this point:
(a) a legally binding contract will be in place between you and me, and
(b) I shall deliver the products or services as set out in the programme description on this website or in a services description agreed between us.
3. Delivery of the product/ carrying out the services
3.1 In the case of a standard template purchase, I will do my best to have your template sent within 3 working days, but this time frame may be longer due to unforeseen circumstances or holiday periods. You will get immediate access to the online support materials. Please contact me if it has been over 3 working days and you have not yet received your template. In the case of template installation/ customisation and/ or brand design, you will receive immediate access to the online support materials so that you can get started with all the preparation and then you’ll be able to book in your installation date when everything is ready.
3.2 I shall deliver services with reasonable care and skill.
3.3 Delivery of products and services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, pandemics, epidemics, IT issues and problems with internet connectivity, any law or action taken by a government or public authority.
3.4 If I decide to retire an online course/ resource for which you have paid (or which is included in your purchased product/ service), you will be given at least one month’s notice (by email) to download any materials that you wish to keep for your own private use. Redistribution of course materials of any kind is not permitted. If you fail to download any content by the end of this notice period, you will not be able to access it.
3.5 A purchase of a template includes your chosen template delivered only once. If you make any accidental changes to your template and want the template sent again, if you accidentally delete the template, or if you don’t accept the invitation to your new template within 6 months of purchase and your free trial expires, then you will need to repurchase the template so that I can send it again.
3.6 Your template purchase comes with the following support included, valid for 2 weeks from the point of template delivery (any support after this time will be at an extra cost).:
- I am happy to help you with any template-specific questions, including relating to custom coding that has been added to your purchased template by me and any customisation carried out by me as an optional extra. Detailed, step-by-step guidance is provided as an online course. General Squarespace support or business-related support is not included.
- If you need help, you should contact me by email on gretta@setuptosucceed.co.uk. I aim to respond within 24 hours (Monday to Friday), though this time frame may vary due to potential unforeseen circumstances.
- If your support request falls outside of the scope of my support policy, I can offer paid support (or recommend someone else to support you).
4. Your responsibilities
4.1 You will pay the price for the products or services in accordance with the product/services description.
4.2 You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to deliver the product and provide the services.
4.3 Once the template is added into your account it is your responsibility to add your own content and edit the site. If you make any accidental changes to the template, I cannot reverse these for you. For this reason, I strongly advise that you make a duplicate copy of the template (to keep as a spare/ back-up in your account) as soon as it is delivered and before making any changes or edits.
4.4 Your template will come into your account on a 6 month free trial. If you let this free trial run out, Squarespace will mark your website for deletion. If your website gets deleted and you want the template resent, you will have to repurchase the template for me to redeliver it. Therefore, please make sure that your trial doesn’t run out by asking Squarespace support for a trial extension, or upgrading your site to a paid plan.
5. Charges and payments
5.1 VAT is not chargeable for this product/ service as I am not VAT registered. I only supply products and services to businesses (it is a B2B arrangement).
5.2 The price for the product/service is set out in the product/ service description.
5.3 I require full payment in advance in order to provide the product/service.
5.4 The fees are non-refundable except for where I cancel a product/ service before it has been delivered to you (other than under 10.3 below), you are entitled to a full refund. In all other circumstances I am not able to refund to you any of the payments you have made.
Due to the fact that these products are of a digital nature, they cannot be returned or exchanged. I cannot issue refunds after the purchase has been made.
In view of my clear no-refund policy, I do not accept any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in a chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.
5.5 Payment is via the payment button on this website/ the checkout or as agreed between us.
5.6 Unless otherwise stated, all fees are quoted in GBP. You are solely responsible for any sales, value-added, withholding or similar taxes that apply to your purchase, whether domestic or foreign. You can purchase my products and services via debit/ credit card or PayPal. By purchasing any of my products or services, you consent and agree to abide by such third-party internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. It is your sole responsibility to find, read and understand any third party policies relevant to processing your payment.
5.7 If any of your payments are not paid on the due date, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above the Bank of England base rate.
5.8 Digital products. You may not cancel your purchase of any digital products once they have been delivered, unless the content is faulty.
6. Intellectual property
6.1 Any materials provided, whether digital or printed, and any intellectual property in those materials belongs to me.
6.2 Upon payment for the product/ service, I will grant you a single-use, non-exclusive, non-transferable, revocable license to the purchased the product/ service content. You can only use these materials for your own personal use and you may not share them with third parties. This includes not sharing access to any course content/ log ins.
6.3 You agree not to creative any derivative works of the content found in this product or service.
6.4 The design of website templates and social media templates is copyrighted by me.
6.5 You may not resell the design or claim the design as your own.
6.6 You must leave the text stating that the site was designed by Set Up To Succeed and the link to my website in the footer for as long as the site is live. It must not be removed, unless specifically requested by me.
6.7 You may not share the template, graphics, files or any design elements provided in your purchase with anyone else.
6.8 Whilst every effort has been made to ensure that the imagery provided is royalty free/ free to use under the creative commons licence (and I have no reason to believe that this will change), I accept no liability or responsibility for image licensing / copyright issues. If an image is withdrawn from free use, it is your responsibility to remove it and replace with an alternative. The library of curated images which is provided is not part of the purchase price of the template (i.e. these images are not being ‘sold’ to you): it is simply a collection of freely-available images that have been gathered and prepared, in order to save you time if you wish to use them. You may, of course, choose to change any images within the templates to your own.
7. How I may use your personal information
7.1 I shall use the personal information you give to me (including your name and email address) to:
7.1.1 provide the products/ services;
7.1.2 process your payment for the products/ services;
7.1.3 send regular email updates with tips, suggestions, resources, insights and more (you may stop receiving this information at any time by unsubscribing or contacting me) and
7.1.4 inform you about any similar products and services that I provide (you may stop receiving this information at any time by unsubscribing or contacting me).
7.2 I shall not give your personal information to any third party unless you agree to it.
7.3 See my privacy policy here for full details of how I use your personal information.
7.4 Your feedback is greatly appreciated: it helps me to make improvements and support people even better. Any feedback, comments, surveys, ratings, reviews or testimonials with regard to my services may be shared with others and used for the purposes of marketing. Your name may also be used, in association with your own feedback. If you wish to provide feedback entirely anonymously, you must make this clear when sharing your thoughts so that I can respect that request.
8. Confidential information
8.1 Any confidential information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or other, or to assist the prevention or detection of a crime.
8.2 The obligations in clauses 8.1 and 8.2 will not apply to information which:
8.2.1 has ceased to be confidential through no fault of either party;
8.2.2 was already in the possession of the recipient before being disclosed by the other party; or
8.2.3 has been lawfully received from a third party who did not acquire it in confidence.
8.3 Your and my confidentiality obligations under this clause will continue after termination of this agreement.
8.4 You will not use any Confidential Information for profit or for your own benefit in any way.
9. Resolving problems
9.1 In the unlikely event that there is a problem with the products/ services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
9.2 I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
9.3 I will provide customer support services to my registered users via electronic mail. If you experience any difficulties using my product/ service please notify me using the following email: gretta@setuptosucceed.co.uk with a subject line “Support”. However, I will not be liable or in any way responsible for your own technical issues, internet speed and other related to your access/ device/ location matters and I reserve the right to solely determine whether such difficulty exists on my side.
9.4 Nothing in this contract affects your statutory rights.
10. End of the contract
10.1 If a product/ service description specifies a length of time for services to be provided, then subject to clause 10.2 below, the services will terminate at the end of that timeframe.
10.2 If I provide services to you on an ongoing basis and the relevant services description does not specify a timeframe then either you or I may terminate the services by one month’s written notice to each other.
10.3 Either you or I may terminate the services and this contract immediately if:
10.3.1 the other party commits any material breach of the terms of this contract or a services description and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or
10.3.2 the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
For the purposes of this clause, any breach by you of the rules governing your participation in any group hosted by me on a social media platform, constitutes a material breach of this contract which is not capable of being resolved.
10.4 If I decide in my absolute discretion that we are not a good fit for each other, I may terminate this contract immediately on notice, in which case I shall give you a partial refund for any elements of the services which you have paid for in advance and which you have not received.
10.5 If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.
11. Limit on my responsibility to you
11.1 You agree to absolve and do hereby absolve me of any and all liability or loss you may suffer or incur as a result of use of the service and/or any information and resources contained in the service/course/ resource. You agree that I shall not be liable to you for any type of damages or losses, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the service. I am not legally responsible for any loss of business, loss of profits, loss of management time or loss of business opportunity.
12. Indemnification
12.1 You agree to indemnify, defend, and hold harmless me, and any of my employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use the service, any postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
12.2 i. Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:
losses that:
were not foreseeable to you and me when the contract was formed;
were not caused by any breach of these terms on my part; and
loss of business, loss of profits, loss of management time and loss of business opportunity.
ii. My total liability to you is limited to the amount of fees paid by you for the services.
13. Disputes
13.1 I shall try to resolve any disputes with you quickly and efficiently.
13.2 If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
13.3 The laws of England and Wales will apply to this contract.
13.4 In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.
14. Entire agreement
These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
15. Third party rights
15.1 No one other than a party to this contract has any right to enforce any term of this contract.