1. About this Terms of Service
1.1. Explored Media Ltd (Explored Media/us/we/our) is a company incorporated in England and Wales under company number 10407088. Our registered office is at 6 St. Cross Road, Winchester, SO23 9HX, United Kingdom.
1.2. English law applies and any disputes will be settled in English courts.
1.3. This agreement shall come into force upon making your first payment for the service.
1.4. These legal terms are between you and Explored Media and you agree to them by continuing to use our service.
1.5. This notice was last updated on the date shown at the top of this page. We may change this agreement at any time and in any way, by posting an updated version on this site and will make reasonable efforts to bring any material changes to your attention. Such changes could include our fees for services you use. We will give you two months' notice where there are changes to this agreement, except where the changes are of clear benefit to you when we'll tell you after we've made the changes. If you don't agree to the changes we've made, you can let us know and we'll terminate our agreement with you if we can't make exceptions to your objections.
1.6. You should also refer to our Privacy and Cookies Policy.
2. Contact information
2.1. If you have any questions, concerns, or would like further information about our terms in general, you can contact us at [email protected].
2.2. You can also call us on +44(0)1202 028131.
3. Use of information
3.1. By accepting these terms, you agree to us using your information to provide service to you. If you no longer wish to allow this then we will have to terminate the service we provide to you, but we may keep your personal data and use it where we are legally obliged to.
4. Severability
4.1. If any part of this agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, that part will be deemed to be deleted and the rest of the provisions will continue in effect.
5. Term
5.1. The term of this agreement shall come into force upon making your first payment for the service. It will continue until terminated.
5.2. Either party may terminate this agreement by giving the other party not less than 30 days' notice.
6. Force Majeure event
6.1. If a force majeure event gives rise to a failure or delay in either party performing any obligation under this agreement, that obligation will be suspended for the duration of the event. Such events include. Such events include, but are not limited to failures of internet or networks, hacker attacks, viruses or other malicious attacks or infections, disputes with a third party, changes to law, disasters, epidemics, pandemics, explosions, fires, floods, fires, terrorist attacks, and wars.:
7. Indemnities
7.1. Both parties shall indemnify and shall keep indemnified each other against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts paid in settlement of any claims) incurred directly or indirectly as a result of any breach of the other party in this agreement.
7.2. You must:
7.2.1. upon becoming aware of an actual or potential indemnity event, notify us;
7.2.2. provide us with assistance reasonably requested by us in relation to the event;
7.2.3. not admit liability to any third party in connection with the event, or settle any disputes or proceedings involving a third party without written consent from us.
8. Limitations and exclusions
8.1. Nothing in this agreement will:
8.1.1. limit or exclude any liability for death or personal injury resulting from negligence;
8.1.2. limit or exclude any liability for fraud;
8.1.3. limit any liabilities in a way that is not permitted under applicable law;
8.2. We shall not be held liable to you for any losses in respect to any profits, revenue, production, business, contracts, opportunities, loss or corruption of any data, damage.
8.3. The liability of us to you under this agreement in respect of any event or series of events shall not exceed the total amount paid and payable by you to us under this agreement in the 6 month period proceeding the commencement of the event or events.
9. Customer obligations
9.1. You must provide us with your co-operation, support and advice to us in a reasonable timeframe and in the communication method requested.
9.2. Unless agreed otherwise, you must provide us with information, documentation, copywriting, images, files, and design direction to us.
9.3. You warrant that the materials provided to us will not infringe the intellectual property rights, or other legal rights of any person or entity and will not breach any law, statute or regulation in any jurisdiction.
9.4. You must ensure that all instructions/discussions with us are provided by/with a competent and authorised representative.
9.5. You must pay the charges to us in accordance with this agreement.
10. Fees and charges
10.1. Here is our pricing information for our main services. Fees not listed here may also be applicable and will be agreed by both parties before charging. Unless agreed otherwise, all of the services listed are payable at the rates described.
10.2. We reserve the right to adjust the services and prices. We'll give you two months' notice if any of these fees or services will change for you.
10.3. Your regular monthly payment for your service will be on the 1st day of each month but sometimes there may be a delay of a few days to this. The fees paid are a payment for the period of that calendar month. Your first payment will be taken on the day your service starts, and is a prorated calculation covering until your next regular payment date.
10.4. All fees must be paid using a debit or credit card unless agreed otherwise. All fees must be fully paid within 14 days of issuance of your invoice. Should any scheduled payment not be successful, we will continue to try and charge the card on file.
10.4.1. If any fees are outstanding after 30 days, your website and any other associated services may be disabled until all fees are paid in full.
10.5. All fees attract VAT at the applicable rate payable on the day of payment. This will be detailed on the invoice issued to you at the time.
10.6. If you do not pay any amount due to us, we may charge interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate which will be accrued daily until the date of payment.
11. Domain name services
11.1. If your service plan includes a domain name, we shall provide the option of us registering and maintaining an eligible available domain name at no extra cost. If your service plan does not include a domain name, or you want a domain name which is not on our eligible list then we can still manage this at an agreed cost.
11.1.1. Eligible domains include .co.uk, .ltd.uk, .me.uk, .net.uk, .org.uk, .uk, .us, .eu, .com, .org but may include others available at the time. Please speak with us if you want a domain name outside of this list for confirmation.
11.2. Your information will be published on the internet via WHOIS services. You can use our domain privacy service to obfuscate/proxy this information for a fee. Speak with us to arrange this.
11.3. We shall not have any obligation to offer or provide any service or assistance to any legal dispute relating to any actual or potential domain name dispute, before or after any registration.
11.4. Your domain name service will automatically terminate upon the termination of this agreement. It is your responsibility to ensure this service is continued with another provider. We may be able to assist with this service at an agreed cost.
12. Email services
12.1. If your service plan includes an email account, we shall provide the option of us registering and maintaining a single email account no extra cost. If your service plan does not include an email account, or you want additional email accounts then we can still provide this in accordance with our published pricing.
12.2. Email accounts include 5 GB of data storage.
12.3. You must not use this service to send/operate/promote any spam, unlawful communications, chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes, or similar messages, schemes or programs.
12.4. You must not use the service in any way which has the potential to result in the blacklisting of any of our servers.
13. Website hosting services
13.1. We will provide and manage the hosting service for your website. You will not have access to any hosting accounts and we have the right to choose the platform on which your website is hosted.
13.2. Unless agreed otherwise, your website data will be stored and hosted in a U.K. based datacentre.
13.3. Unless agreed otherwise, your website will be proxied through a Content Delivery Network (CDN) which will locally store a copy of your website's files in multiple locations on each continent.
13.4. Unless agreed otherwise, the below default data storage limits apply for each service plan. This limit can be increased by paying an additional charge according to our published pricing;
13.4.1. Showcase Plan: 2 GB
13.4.2. eCommerce Plan: 5 GB
13.5. Unless agreed otherwise, the below default origin server traffic limits apply for each service plan. For the avoidance of doubt, origin server traffic means the outbound traffic from the servers on which your website is hosted. It does not include any outbound traffic supplied by the Content Delivery Network that may be in place as this traffic is included as part of that setup and does not count towards your limits published in this agreement. This origin server traffic limit can be increased by paying an additional charge according to our published pricing;
13.5.1. Showcase Plan: 15 GB
13.5.2. eCommerce Plan: 30 GB
13.6. Unless we agree otherwise, you will not be able to upload and utilise custom scripts/applications/files files to our servers. Speak to us if you have such a requirement and we may be able to provide a custom hosting for you for an agreed price.
13.7. We check for updates every day at all levels of our servers/applications and apply all minor or security updates immediately upon notification of availability. We sometimes take time to further analyse some updates such as major component updates which may affect the service of your or other sites we manage. When we are reasonably confident there is a low risk of impacting our service we will authorise the update to be applied. We cannot be held liable for any impact this does have on your website but we will use all reasonable endeavours to correct the service.
13.8. We update our antivirus software and scan all files on our servers daily. If a compromised file is identified then this will be quarantined for further analysis/deletion. This may be a critical file for your website and may cause an impact to your service. We cannot be held liable for any impact this does have on your website but we will use all reasonable endeavours to correct the service.
13.9. We occasionally have to upgrade/deliver fixes to our servers which may result in downtime for your service. For planned upgrades we will notify you at least 3 days prior to the update. For emergency updates this may not be possible and is likely already impacting a service so we will proceed with updates without informing you.
13.10. You are responsible for taking backups of your own important data, but if you need data restored then you can make this request to us in writing and we will use all reasonable endeavours to restore this for you. This is not always possible as this may cause conflicts with another component of the service. You will only be able to restore whole entities at a time and not individual data - for example, we can restore a whole database and write over the current database, but you cannot restore individual customers/orders inside the database.
13.11. Your website hosting and associated hosting services will automatically terminate upon the termination of this agreement.
14. Website services
14.1. We will design and build you a website using technology of our choice. You must provide any design or functional requirements to us before we start this process as it may not be possible to incorporate this after your website is built.
14.2. You must provide all requirements in the format we choose prior to us working on your website. A delay in providing a complete set of requirements will result in a delay to any design and build work.
14.3. You will have the opportunity to make minor design amendments after seeing a first and second draft of your website. Major changes (such as adding new pages or fundamentally changing layouts/behaviours) indicate the provision of bad or missing requirements and may not be fulfilled.
14.4. We will keep you up to date with the design and build of your website, and inform you of any delays to any activities which may impact this.
14.5. You must carry out any acceptance tests you wish to complete before the website is published.
14.6. Any design changes requested after the website is published will be subject to a new statement of work. The fees for such work will be clearly quoted for, agreed, and paid for before the changes are made and published unless agreed otherwise.
14.7. If you are subscribed to our website plans then you will have 30 minutes of time made available each month for design or content changes to your website. All requested changes must be received in the first 21 days of the month for that month's allowance to be used for these changes. Any unused time does not roll over into any following month.
14.8. You are responsible for all content and images on the site. If you are using our copywriting service, you are still responsible for this content and must approve its contents (this includes providing approval and bearing all responsibility in advance for all content if you wish).
14.9. You will not own the website or its files. We will license the website for your exclusive use for as long as this agreement is in place.
14.10. We will host your website for you, and unless agreed otherwise you cannot move this hosting to another provider.
14.11. We will provide a textual credit to us on your website which will incorporate a link to our website.
14.12. You acknowledge that the design, construction, testing, deployment, and management of a website and associated software is complex and never free from defects of any nature, including security vulnerabilities and we provide no warranty or representation that the website will be entirely secure or free of issues.
15. Acceptable use
15.1. You must not use our service in any way that causes, or may cause, damage to the services or impairment of the availability or accessibility of the service to you or any of our other customers.
15.2. You must not use any of our previsioned services in any way that is unlawful, illegal, fraudulent, deceptive, harmful, or in connection with any unlawful, illegal, fraudulent, deceptive, or harmful purpose or activity.
15.3. Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person or entity in any jurisdiction and under any applicable law.
15.4. Content must not be:
15.4.1. libellous, maliciously false, obscene or indecent;
15.4.2. not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
15.4.3. infringe any right of confidence, right of privacy or right under data protection legislation;
15.4.4. constitute negligent advice or contain any negligent statement;
15.4.5. constitute an incitement to commit a crime, instructions for the commission of a crime, or the promotion of any criminal activity;
15.4.6. be in contempt of any court, or in breach of any court order;
15.4.7. constitute a breach of racial or religious hatred or discrimination legislation;
15.4.8. be blasphemous in any jurisdiction;
15.4.9. constitute a breach of official secrets legislation;
15.4.10. constitute a breach of any contractual obligation owed to any person.
15.5. Content must be appropriate for everyone who have access to, or are likely to access the content in question, and in particular for children.
15.6. Content must not depict violence or be sexually explicit.
15.7. Content must not constitute or contain spam, and you must not use the services to store or transmit spam or any unlawful marketing communications.
15.8. You must not use the services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs.
15.9. You must not use the services in any way which is liable to result in the blacklisting of any of our servers.
15.10. You must not use the services for any purpose relating to gambling, gaming, bettering, lotteries, sweepstakes, prize competitions, or any other gambling-related activities unless fully licensed or authorised to do so. Evidence of this may be requested in advance.
15.11. You must not use the services for any purpose relating to the offering, sale, or distribution of drugs or pharmaceuticals unless fully licensed or authorised to do so. Evidence of this may be requested in advance.
15.12. You must not use the services for any purpose relating to the offering, sale, or distribution of knives, guns, or other weapons unless fully licensed or authorised to do so. Evidence of this may be requested in advance.
15.13. You acknowledge that we actively monitor the content and the use of our services.
15.14. You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting or any other systematic or automated data collection activity in relation to the services.
15.15. Your content must not contain or consist of, and you must not promote, distribute, or execute by any means of the service, any viruses, worms, spyware, adware, or other harmful or malicious software, programs, routines, applications or technologies.
15.16. The content must not contain or consist of, and you must not promote, distribute, or execute by any means of the service, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a server or computer, or introduce material security risks to a server or computer.
16. Support and maintenance
16.1. We may suspend any support or maintenance of your website if you have unpaid charges due to us.
16.2. We have no obligation to provide support and maintenance services in respect of any issues caused by improper use of the website, any alteration to the website, or any update to any component of the website that was not built by us, though we will use reasonable endeavours to provide support materials to assist with issue resolution if this is within your control.
16.3. For the avoidance of doubt, any support and maintenance services for your website will automatically terminate upon the termination of this agreement.
17. Termination
17.1. Either party may terminate this agreement by providing written notice of at least 30 days.
17.1.1. If any fees are unpaid after 30 days, your website and any other services may be disabled until all outstanding fees have been paid.
17.2. Any fees due or any fees that are due to become due over the notice period must still be paid.
17.3. For the avoidance of doubt, services supplied or to be supplied under this agreement shall automatically terminate upon the termination of this agreement.
