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Terms, Conditions & Use

Website Terms & Conditions

By purchasing our product(s) you indicate that you have read and agree with the Terms & Policies detailed on this page.

Introduction

The website www.rockmywordpress.co.uk (the Website) is owned and controlled by the business professional known as Rock My WordPress (we/us). Any agreement or contract you enter into through the website will be with us unless we notify you to the contrary. These Conditions shall apply to you when using this website including the placing of orders for web design products and services including without limitation the provision of our third party template theme websites.

You can contact us as follows:

Email: wendy@rockmywordpress.co.uk

Definitions

The words below shall have the following meanings:

"Conditions" these terms and conditions;

“Content” all content on the Website, including without limitation copy, text, artwork, graphics, logos, trademarks, designs, icons, images, audio and /or visual footage, data and software;

“Delivery Date” the date booked and agreed for the delivery of the Services;

“Force Majeure” any Act of God, war, riot, civil disturbance, workforce matters, terrorism, fire, storm or flood, legislation or law, restriction, regulation, bye-law, measures by governmental, parliamentary or local authority, import or export regulation or embargo, strike, industrial dispute, or lockout, explosion, power outage, breakdown, or unavailability of plant, property, and/or machinery or any other cause beyond our reasonable control;

“Website Fees” the fees payable for the Services;

"Personal Information" the personal details provided by you;

"Product" a product displayed for sale on the Website;

"Product Description" terms and information in respect of a Product;

“Purchaser” an individual who enters into a contract to purchase our services and/or products;

“Services Description” terms and information in respect of a Service as may be set out on our

Website;

“Trade Marks” our trade marks whether registered or unregistered including but not limited to “Rock My WordPress”;

“UK” England, Scotland and Wales mainland and does not include United Kingdom Offshore or Eire;

"United Kingdom Offshore" including without limitation the Channel Islands, the Isle of Man, the Scottish Islands and the Isle of Wight.

 

Website usage

You are provided with access to the Website in accordance with these Conditions and any orders placed by you are placed strictly in accordance with these Conditions.

You warrant that the Personal Information which you provide is true, accurate, current and complete in all respects and in particular You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

You agree to notify us immediately of any changes to your Personal or Professional Information.

You agree to fully indemnify, defend and hold us and our officers, directors, employees, agents and suppliers, harmless from and against all reasonable claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach by you of these Conditions or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your Personal Information.

We may alter the Website (or any part) with or without providing notice to you and shall not be liable to you or any third party for any alteration to or withdrawal of the Website.

We may alter the Conditions from time to time and any use of the Website after an alteration shall be deemed to be your acceptance of the alteration. It is your responsibility to check regularly to determine whether these Conditions have been changed. You must stop using the Website immediately if you do not agree with any alteration.

Your privacy is important to us. Please refer to our Privacy Policy.

 

Orders

All orders are subject to acceptance in accordance with our order acceptance policy

We shall not unless by our own negligence be held liable for any loss you suffer if a third party procures unauthorised access to any data you provide.

All Products and Services are subject to availability.

A contract is made between us and the Purchaser as follows:

  1. the Products and Services are placed on the Website as an invitation to treat only;
  2. the Purchaser places the order on the Website by emailing us, clicking an order key or by calling us and this is your offer to purchase the Products and/or Services;
  3. once the 50% payment is received and cleared through our bank account your offer to purchase the Products or Services shall be deemed accepted.

If you have provided us with a valid e-mail address we will send you an acknowledgement of that order by e-mail. This will set out the Product(s) ordered. Please note that this is not an order confirmation or order acceptance from us.

Your order may not be accepted for the following reasons:

  1. you were not eligible to make an order in accordance with the Conditions
  2. we could not acquire the necessary authorisation for payment or we discovered a problem receiving your payment;
  3. there was an error with the description of the Products or Services or matters relating to the Product or Services(s).

We reserve the right to reject any offer to purchase by you at any time.

 

Contract

When purchasing a third party theme package from Rock My WordPress, you will be sent a contract to sign electronically. The contract will need to be signed by both of us before the project start date.

 

Payment

The Purchaser confirms that they have the right to make the payment and to use the method of payment via PayPal. If there is an issue with payment transaction for any reason we shall not be liable for any delay or non-delivery.

All payments are due up front prior to the project start date. Once an order or deposit is placed and payment is made, it is non-refundable. If placing a deposit, the remaining balance is due on or before your project start date. If after 3 months of no communication from a client, the project will be archived and all monies paid will remain with Rock My WordPress. To resume and complete the project, there will be a fee of £250.

We reserve the right to withdraw any Products or Services from the Website at any time and/or remove or alter the Website.  We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.  We will notify you if the order is not accepted.  We will not be liable for withdrawing any Product or Service from the Website even if that Product or Service has been ordered; nor shall we be liable for refusing to process a transaction even where processing has begun.

The Purchaser must:

  1. provide their real name, phone number, e-mail address, payment details and other requested information;
  2. provide a delivery address not including a PO Box numbers or similar, BFPO addresses or similar, mail forwarding addresses or temporary addresses.

Refunds

Due to the nature of Rock My WordPress products (non-tangible digital goods), it is not possible to “return” the product therefore we DO NOT offer refund after purchase is made. However, we want you to be 100% satisfied and happy with your purchase. If you are having any issue with the file, trouble setting setup, or have any questions, please send us an email and we will do our best to resolve the problem.

 

Electronic Communications

By using the Site and/or the services provided on or through the Site, you consent to receiving electronic communications from Rock My WordPress. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or services provided on or through the Site. These electronic communications are part of your relationship with Rock My WordPress. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

Links to Third Party Sites

This Site may be linked to other web sites that are not Rock My WordPress sites (collectively, “Third Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third Party Sites, and, if applicable, allow you to configure your privacy settings in your Third Party Site account to permit your activities on this Site to be shared with your contacts in your Third Party Site account and, in certain situations, you may be transferred to a Third Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Rock My WordPress and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Website privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, Purchasers guides and privacy policies of any of Third Party Sites. Rock My WordPress is providing links to the Third Party Sites to you as a convenience, and Rock My WordPress does not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT ROCK MY WORDPRESS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

Copyright

You will own the graphics and other visual elements that are created for your project. Rock My WordPress will require a link to be displayed at the bottom of your new website or blog site for the duration of the use of the agreed template design. Rock My WordPress also reserves the right to display and link to your completed project on blog posts and through all social media platforms including but not limited to Pinterest, tumblr, Facebook, twitter, etc.

 

Browser compatibility

Compatibility should be tested against the demonstration themes on the relevant demo server. Please ensure that the browsers you use will work with the themes as we cannot guarantee that all third party themes will work with all browser combinations.

 

Website Security

Purchasers must supply us with the appropriate login credentials for their website and permit Rock My WordPress temporary access in order to complete their Project(s). We will store log-in credentials securely and they are only shared with Rock My WordPress. We will not share your log-in credentials with anyone, after your Project is fully completed. However, you should update your log-in credential after your Project is complete.

At all times, you are responsible for having adequate security in place on your website. You agree to immediately notify Rock My WordPress of any unauthorised use, or suspected unauthorised use of your account or any other breach of security. We are not be liable to any Purchaser for any loss or damage arising from Purchasers failure to comply with the above requirements, including your failure to have in place adequate website security or for any other User website vulnerabilities.

 

Backups

All Purchasers are required to ensure that a back-up of their websites and all related data is completed. Rock My WordPress cannot and will not liable for any loss of data to any Purchaser who fails to comply with this provision.

 

Project Completion Times

Rock My WordPress does not guarantee Project completion time; any estimates provided concerning the completion of a project are provided as a courtesy and are not binding.

The Purchaser will not be entitled to a refund of the remaining Project fee simply because the Project was not completed within the stated delivery time.

 

Support

We want you to love your new website and we are here to help, however, support can and will only be given to verified customers of Rock My WordPress. (We may request you to provide us your purchase details). We offer product related support to Rock My WordPress customers via Support Ticket system to protect your confidential & secure details. We DO NOT provide support via email, Facebook or Twitter. Unfortunately, we DO NOT offer phone support.

Support hours
Our general support hours are Monday to Friday, 9am to 4pm, please be aware of possible time differences. During this time, we generally reply to any support queries in order received within 24-36 hours depending on the issue complexity and our workload.

Scope of support
Yes: We provide support for theme installation & setup, issues arising from using any of the packaged theme features and theme bug fixes; which cover everything required to ensure that all theme features are working as advertised.

No: We are not able to provide general WordPress support, issue arising from using any 3rd party plugins and customization query (change font type, add or remove elements, etc). You may hire us to do customization at £50 per hour.

 

Acceptable Use Policy

This Acceptable Use Policy sets out the terms between you and us under which you may access our website www.rockmywordpress.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site, whether you are a visitor or customer.

Your use of our site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our terms of website use.

Our site is a site operated by the business professionally known as Rock My WordPress(we/us).

 

PROHIBITED USES

You may use our site only for lawful purposes. You may not use our site:

  1. In any way that breaches any applicable local, national or international law or regulation;
  2. If you are under 18 years of age;
  3. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

For the purpose of harming or attempting to harm minors in any way.

  1. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
  2. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  3. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use;
  2. Not to interact with any other user where you have reason to believe that they are under the age of 18;
  3. Not to post any information about another that includes their identification or financial information;
  4. Not to collect information about any other without their prior written consent;
  5. Not to share any password or allow any other to access any account you may have nor transfer any such account;
  6. Not to solicit account information from any other user;
  7. Not to log on to any account other than your own;
  8. Not to access without authority, interfere with, damage or disrupt:
  9. any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time include interactive services on our site, including, without limitation:

Chat forums

Bulletin boards

Interactive experiences and rewards

(Interactive services).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts);

Be genuinely held (where they state opinions);

Comply with applicable law in England & Wales and in any country or territory from which they are posted.

Contributions must not:

Contain any material which is defamatory of or harmful to any person;

Contain any material which is obscene, offensive, hateful or inflammatory;

Promote adult themed material;

Promote violence or depict graphic violence;

Promote cruelty to animals or depict cruelty to animals;

Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

Contain any material that may be harmful to minors or vulnerable persons;

Infringe any copyright, design rights, database right or trade mark of any other person;

Be likely to deceive any person;

Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

Promote any illegal activity;

Be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;

Be likely to harass, upset, embarrass, alarm or annoy any other person;

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

Give the impression that they emanate from us, if this is not the case;

Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;

Include visual images of any individuals who have not given their explicit consent to be featured.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site;

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;

Issue of a warning to you;

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

Further legal action against you;

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

 

Limitation of liability

This Website and the Content is designed for people accessing it from within the United Kingdom and we make no representation that any Products or Services displayed for information only on the Website is appropriate for use, or available outside of that territory.

We do not warrant (expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or its server will be free of viruses or other harmful elements.  It is a condition of you visiting and a using the Website that you agree to these Conditions and you acknowledge and accept that access is at your own risk.  We shall not be liable for damages consequential or otherwise related to your use of or inability to access the Website subject to any legislation or law to the contrary.  We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

We have made every effort to display the Products and Services featured on the Website as accurately as possible.  However, the colours used may appear quite different on the device that you are viewing. We will not be held responsible for the limitations of technology and cannot guarantee that your device’s display of any colour, texture, or detail of actual merchandise will be accurate.

We do not make claims to the accuracy, either expressed or implied of the Content of the Website.  We reserve the right to amend errors, make changes to the Website or to the Products and Services information at any time without prior notice and without any liability on its part.  To the fullest extent permitted by law, we disclaim all warranties, expressed or implied.

There may be links on the Website to other websites which are not under our control.  If you click on any of these external links, you will then leave the Website to other websites which we have no control over and will accept no responsibility or liability for the Content, accuracy or any other aspects of any website that is not under its control.  An inclusion of a link does not imply our endorsement of any other site, site owner or content.

Nothing in these Conditions shall affect your statutory rights.

Subject to fraudulent or negligent misrepresentations, we will not be liable for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.

Our liability under any contract for Products or Services purchased shall be limited to the value of your order.

We shall not be under any liability to you due to our failure, delay or default in carrying out all or any of our obligations under these Conditions due in whole or in part to an event of Force Majeure.

Intellectual Property

The Content of the Website and the rights in and to the Content is owned and controlled by us or licensed to us.

The Trade Marks used on the Website are our registered and unregistered marks and are protected by UK and international trade mark laws.

You acknowledge and agree that the material and Content contained within the Website is made available for your personal non-commercial use only and that you may download such material and Content onto only one computer hard drive for such purpose.  Any other use of the material and Content of the Website is strictly prohibited.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws 

This Website may be used only for lawful purposes and in a lawful manner.  You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through our Website.

Severability

If any part of the Conditions shall be deemed, by a court (or similar authority) of competent jurisdiction, unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Third Party Rights

For the avoidance of doubt nothing contained in these Conditions shall confer on any third party any benefit or the right to enforce any term of these Conditions or any contract with us.

Waiver

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

Entire agreement

You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save in so far as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.

Law and jurisdiction

The Conditions shall be governed by and construed in accordance with the laws of England the courts of which shall have exclusive jurisdiction.

Agreement

By purchasing from Rock My WordPress you agree to the terms listed above.

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