Introduction:
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website, or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
Copyright notice:
3.1 Copyright (c) 2021 Welch Marketing Ltd.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.3 We take the protection of our copyright very seriously.
3.4 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
3.5 You may request permission to use the copyright materials on our website by writing to us by email or post, using the contact details published on the website.
Licence to use website:
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website.
subject to the other provisions of these terms and conditions.
4.1 Except as expressly permitted by Section
4.2 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Payment:
We take payment before any work is done. We accept online payments, or can send an invoice directly. We also offer direct debit payment options with two term choices:
-
3-month minimum term
-
12-month minimum term
Failure to pay will result in the cancellation of the services. Any outstanding balance will still be owed, and we reserve the right to engage a private debt collection company of our choosing to recover the unpaid amount. If you are paying monthly for a website and miss three monthly payments, the website will be taken down, and the debt will be sent to the private debt collectors.
Refund Policy:
At Welch Marketing, we value your satisfaction with our services. Our refund policy is designed to ensure fairness and transparency in the event that a service cannot be completed as expected.
(a) Refund Eligibility:
You have a window of 3 days from the date of purchase to request a refund. This timeframe is established because our services often commence promptly, and once work has started, a full refund may not be possible. If, however, you believe you have valid grounds for a refund, we encourage you to reach out to us.
(b) Refund Process:
Refunds, if deemed eligible, will be processed with a 15% deduction. This ensures that our team's initial efforts are compensated, and you receive 75% of the amount paid. It's important to note that refunds requested beyond the 3-day period may not be granted in full.
(c) Refund Request Procedure:
If you find yourself in a situation where you believe a refund is warranted, please contact us promptly. Provide details of your concerns and any supporting information that can help us evaluate your request effectively.
Acceptable use:
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider, or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies, or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete, and non-misleading.
5.4 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.
Limited warranties:
6.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services or if we stop publishing the website.
6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website, and the use of our website.
Limitations and exclusions of liability:
7.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions:
(a) are subject to Section 7.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
7.6 We will not be liable to you in respect of any loss or corruption of any data, database, or software.
7.7 We will not be liable to you in respect of any special, indirect, or consequential loss or damage.
7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Breaches of these terms and conditions:
8.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise;
8.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Variation:
9.1 We may revise these terms and conditions from time to time.
9.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
Assignment:
10.1 You hereby agree that we may assign, transfer, sub-contract, or otherwise deal with our rights and/or obligations under these terms and conditions.
10.2 You may not without our prior written consent assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability:
11.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
11.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights:
12.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
12.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
Entire agreement:
13.1 Subject to Section 7.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Law and jurisdiction:
14.1 These terms and conditions shall be governed by and construed in accordance with English law.
14.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
Statutory and regulatory disclosures:
15.1 We are not currently VAT registered.
Our details:
16.1 This website is owned and operated by Welch Marketing Ltd.
16.2 We are registered in England and Wales under registration number 13328901, and our registered office is at 53 Hazelbourne Avenue, Sevenoaks, TN15 8FJ.
16.3 Our principal place of business is at 53 Hazelbourne Avenue, Sevenoaks, TN15 8FJ.
16.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.