Terms and Conditions for Free Website Offer and Subscription Plans
These Terms and Conditions (“Agreement”) govern the provision of free website development services (“Free Website”) by ProsCommerce Ltd (“ProsCommerce”, “we”, “us”, or “our”) to clients (“Client”, “you”, or “your”) who subscribe to our website hosting and management plans (“Subscription Plan”). By subscribing to our Subscription Plan and utilizing the Free Website offer, you agree to be bound by this Agreement.
2. Free Website Offer
a. Eligibility: The Free Website offer is available to new clients who subscribe to any of our Subscription Plans.
b. Scope of Service: Upon subscription, we will design and develop a professional website tailored to your business needs at no additional upfront cost.
c. Customization and Revisions: The Free Website includes an initial design and development phase with a specified number of revisions as outlined in your chosen Subscription Plan. Additional revisions or custom features may incur extra charges.
3. Subscription Plans
a. Services Included: Our Subscription Plans encompass website hosting, regular maintenance, security updates, and technical support. Specific details of services are provided in the respective plan descriptions.
b. Billing and Payments: Subscription fees are billed monthly. Payments are due on the date specified in your subscription agreement. Late or missed payments may result in suspension or termination of services.
c. Minimum Commitment: To retain ownership of the Free Website upon cancellation, a minimum of 12 consecutive monthly payments is required. This period allows us to recover the initial development costs associated with creating your website.
4. Cancellation and Termination
a. Cancellation by Client: You may cancel your Subscription Plan at any time by providing written notice. If you cancel before completing 12 months of subscription payments, ownership of the website remains with ProsCommerce. After 12 months, you may transfer the website to your preferred hosting provider.
b. Termination by ProsCommerce: We reserve the right to terminate your subscription and access to services for violations of this Agreement, including but not limited to non-payment, illegal activities, or misuse of services.
5. Website Ownership and Transfer
a. Ownership: Ownership of the Free Website transfers to you after the completion of 12 consecutive monthly subscription payments.
b. Transfer Assistance: Upon request and after meeting the ownership criteria, we will assist in transferring your website to a hosting provider of your choice. Transfer fees may apply as outlined in your Subscription Plan.
6. Client Responsibilities
a. Content Provision: You are responsible for providing accurate and lawful content for your website, including text, images, and other media.
b. Compliance: You agree to use the website in compliance with all applicable laws and regulations.
7. Limitation of Liability
ProsCommerce is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use our services. Our total liability is limited to the amount paid by you under this Agreement in the 12 months preceding the claim.
8. Amendments
We reserve the right to modify these Terms and Conditions at any time. Changes will be communicated to you via email or through our website. Continued use of our services after such modifications constitutes your acceptance of the revised terms.
9. Governing Law
This Agreement is governed by the laws of the United Kingdom. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.