Terms And Conditions 2017-04-05T11:40:50+00:00

TERMS AND CONDITIONS

This website is operated by Kingsley Media Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Kingsley Media Ltd. Kingsley Media Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Kingsley Media Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kingsley Media Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18- WORDPRESS MAINTENANCE

Our WordPress Maintenance terms and conditions govern what you can expect from us and what we can expect from you in relation to our WordPress Maintenance packages.

1. WordPress Maintenance requirements
There are certain requirements that the Client must fulfil in order for Kingsley Media LTD to effectively maintain your WordPress site. Kingsley Media LTD will not be held responsible for any issues that occur if the Client has not fulfilled these requirements.

1.1. Administrator account
1.1.1. Kingsley Media LTD will require a user account with the Administrator role on your site. We will not disclose the login credentials of this account to third parties or make unauthorised changes to your site under any circumstances.
1.1.2. The Client will be responsible for user accounts.

1.2. FTP (File Transfer Protocol)
1.2.1. Kingsley Media LTD may require a FTP account to upload and download files. We will not disclose the login credentials of this account to third parties or upload unauthorised files to your server under any circumstances. This will be requested by Kingsley Media LTD if required.
1.2.2. The Client will be responsible for FTP accounts.

2. WordPress core, plugins and themes

2.1. WordPress core
2.1.1. WordPress core refers to the directories and files that comprise WordPress, available from WordPress.org.
2.1.2. The Client agrees that they will not edit any WordPress core files.
2.1.3. Any issues that arise from the editing of WordPress core files will be charged at four times our standard maintenance charge hourly rate to repair.

2.2. WordPress plugins
2.2.1. A plugin is software that expands the core functionality of WordPress. “Plugins” refers to the directories and files that comprise a WordPress plugin, whether it is a free plugin from the WordPress repository, or a premium plugin purchased from a software marketplace.
2.2.2. The Client agrees that they will not edit any WordPress plugin files.
2.2.3. Any issues that arise from the editing of WordPress plugin files will be charged at four times our standard maintenance charge hourly rate to repair.

2.3. WordPress themes
2.3.1. A theme is software that defines the visual design of a WordPress site. “Themes” refers to the directories and files that comprise a WordPress theme, whether it is a bespoke theme built by Kingsley Media LTD or a premium theme purchased from a marketplace.
2.3.2. The Client agrees that they will not edit any WordPress theme files.
2.3.3. Any issues that arise from the editing of WordPress theme files will be charged at four times our standard maintenance hourly rate to repair.

3. WordPress updates
Updates to WordPress Core, plugins and themes are released on an ongoing basis to fix bugs and offer new or improved functionality.

3.1. WordPress Core Updates
3.1.1. Minor updates (point updates – 4.1.1, 4.1.2, etc) will be performed automatically by your site if automatic updating has not been disabled. If an automatic update has not been triggered by 48 hours after its release, we will update your site manually.
3.1.2 Major updates (4.1, 4.2, 4.3, etc) will not be performed automatically by default. We will update your site within 48 hours of the update release. We will take a backup of your database before all major updates.

3.2. WordPress Plugin Updates
3.2.1. We will update plugins installed on your site within 48 hours of their release if updating via the WordPress update functions.
3.2.3. Plugin updates that require premium theme templates to be updated will be performed within 48 hours of receiving the updated theme files from the Client unless not updating the plugin poses a security threat to the site. In these cases the plugin will be updated within the standard timescale.

3.3. WordPress Theme Updates
3.3.1. We will update themes installed on your site within 48 hours of their release if updating via the WordPress update functions.
3.3.2. Themes written by Kingsley Media will be updated as and when necessary to function with altered core or plugin functions.
4. WordPress security
This section applies if your package includes security.

4.1. WordPress security plugins
4.1.1. Kingsley Media LTD will, within 48 hours of receiving Administrator login credentials from the Client, install a security plugin on your site that will scan your WordPress folders for suspicious files and compare plugin and theme files against originals in the WordPress repository. Plugins and themes purchased from a marketplace will not be compared.
4.1.2. The scans and comparisons will be performed no less than once per week.
4.1.3. Kingsley Media LTD Media will act as necessary on the reports from the security plugin.
4.1.4. The Client agrees not to change the settings of the security plugin without prior authorisation from Kingsley Media LTD.

4.2. WordPress backups
4.2.1. Kingsley Media LTD will, within 48 hours of receiving Administrator login credentials, install a backup plugin on your site that will backup your database daily (usually overnight) and send the backup as a zipped file by email to Kingsley Media LTD
4.2.2. Kingsley Media LTD backup all media files on your site once per week, starting within 48 hours of the Client supplying us with FTP credentials.
4.2.3. Kingsley Media LTD will store one backup at any one time. This backup will be replaced by the latest backup.

5. Fees and Charges
5.1. Payment of Fees
5.1.1. Fees are payable in Pounds Sterling by the following electronic methods only:
5.1.1.1. Credit or debit card. All credit and debit card transactions are handled by Stripe.
5.1.1.2. Bank transfer to
5.1.1.3. PayPal, using account
5.1.2. Kingsley Media LTD reserves the right to restrict payment methods without notice and without giving reason.
5.1.3. Full payment of the first invoice is required in advance, before the service is established.
5.1.4. We will send an invoice to your registered email address one day before your monthly maintenance package is due to expire.

6.1. Non-Payment of Fees
6.1.1. Payment is due on or before your current expiry/due date. Or before date outline in the 12 month agreement plan as signed by the client.
6.1.2. If payment is not made within 7 days after the expiry date we will suspend your maintenance package and we will not perform any maintenance on your site. 
 Kingsley Media LTD will not be held responsible for any issues that arise on your site in these circumstances.
6.1.3. If payment still has not been made by 28 days after the expiry/due date, Kingsley Media LTD reserves the right to cancel the Client’s WordPress maintenance package. In this instance, we will delete all FTP details we have on file for your site. The client will be responsible for removing Kingsley Media LTD administrator account from their site.
6.1.4. By cancelling the Client’s WordPress maintenance package, Kingsley Media LTD does not remove the Client’s obligation to pay any outstanding monies owing.

7. Cancellations and Refunds
7.1. Cancellations and Refunds
7.1.1. Should you wish to cancel during the first 7 days of your maintenance package, please let us know as soon as possible in writing. Your package will be cancelled and we will refund any charges paid. Please allow 7 working days for cancellations to be processed.
7.1.2. After the first 7 days of your maintenance package, you must give one calendar month’s notice of cancellation on a monthly rolling contract.Your package will be cancelled after the notice period. If the client has agreed to a 12 month contract, should the client cancel before the minimum contract term has expired, the client will be required to pay an early termination fee. The termination fee is equal to 3 months of the corresponding monthly fee as outlined in the agreement with the Client.
7.1.3. Kingsley Media LTD will not perform any maintenance on your site after the package has been cancelled and will not be held responsible for any issues that arise on your site after the cancellation date.

8. Interpretation
8.1. Jurisdiction
8.1.1. This Agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal action or claim arising from the contract between Kingsley Media LTD and the Client. The said contract is void where prohibited by law.

8.2. Survival of Contract
8.2.1. Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
8.3. Change of Terms and Conditions
8.3.1. These terms & conditions may change from time to time. The Client will be informed of revisions as and when they are issued.
SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 35 KINGSLEY WOOD ROAD, RUGELEY, STS, WS152UF, United Kingdom.
SECTION 20 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]