vers.UK

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The general agreement terms applicable to customer agreements with vers.

Last updated: David Passmore - Chief Executive Officer Version 2.13.0

Below is our general agreement terms, which are applied to our customer agreements. These terms cover any agreement made between a Customer and Vers Creative UK and govern the responsibilities of both parties.

01. Definitions

When We Use these words they have the following meanings:

'Account' - Your Account that You have with Us
'Additional Service', 'Additional Product' - An extra/optional Service not part of Your Agreement, including but not limited to, Additional Products and Services added to Your Agreement.
'Additional Service Charge', 'Additional Product Charge' - The Charge invoked when taking an Additional Service outside of Your Agreement. 'Agreement' - these terms and conditions between You and Us for the Use of Our Service(s) and the Charges outlined within.
'BetaArc' - The system which We Use to manage Your Account and the system You Use to maintain / monitor Your Account
'Charge' - the Agreement Charge, a Charge for Additional Service or any other Additional Charge including the separate payment handling Charge or cancellation Charges.
'Equipment' - Equipment that You Use to access the Services.
'Minimum Term' - the minimum amount of time that You have promised to pay Us the monthly / yearly Charge.
'Payment Terms' - the terms by which We manage Your Account and the ways You pay the Charges including any credit limit applied to Your Account. 'Re-Development' - the reproduction of a Website.
'Renewing', 'Renewal' - entering into a new Minimum Term in return for any benefits.
'Service' - a Service provided to You by Us this includes any outlined Service within this Agreement or any other Additional Service.
'Upgrading', 'Upgrade' - entering into a Minimum Term through the redevelopment of Your Website.
'UK' - the United Kingdom of Great Britain and Northern Ireland
'Virus' - any manipulating program which modifies other programs and/or replicates itself
'We', 'Us' and 'Our' - Vers Creative UK, 67 Stratton Road, Bournemouth, BH9 3PG
'Website' - the product which We provide.
'Written Notice' - sending You either: 1) a letter to Your postal address or 2) an e-mail to the e-mail address that You have registered with Us. Each will tell You that a Charge is going to happen and what the Charge is. The letter or e-mail will contain an explanation of why the Charge is happening and provide You with any before and after information.
'You' and 'Your' - the customer who is a party to this Agreement

02. Our Agreement

  1. This Agreement starts when We accept Your request for Services. We will open an Account in Your name and apply Charges to it.
  2. If We reject Your request but You incur Charges, You can recover those Charges from Us.
  3. We will fulfil the Agreement to the Services as soon as We can.
  4. At the end of the Minimum Term the Agreement will auto-renew unless terminated.
  5. If You are Renewing or Upgrading the following terms will apply to You:
    1. Unless We agree otherwise, a new Minimum Term will apply. Once the Minimum Term is over this Agreement will auto-renew until terminated.
    2. Your new Minimum Term will start from the date We process Your Upgrade or Renewal and continue until changed.
  6. We are not obliged to provide You with a Renewal or Upgrade. We are also not obliged to offer a Re-Development.
  7. We have the right to Re-Develop your Website in accordance with web standards at the time of Re-Development.
  8. Changes to Your Agreement
    1. We will make a copy of the current version of these terms and conditions available on Our Website. We can change these terms and conditions for any good reason, for instance, if We want all customers on the same conditions. We will tell You about the change beforehand, as explained here.
    2. If the change of terms and conditions is not of a material detriment to You, We will send You Written Notice 30 days before the terms and conditions are due to change. The new terms and conditions automatically apply to You once that notice has run out.
    3. If the change is of material detriment to You, We will send You Written Notice 30 days before the Terms and conditions are due to change the new Terms and conditions will apply to You once the notice has run out, unless You terminate Your Agreement with Us within that notice period. If You do this, You won't have to pay any cancellation Charges that would otherwise apply.

03. Our Services

  1. We will always try to make the Services available to You but sometimes they may be unavailable as a result of, or be affected by:
    1. External factors such as faults in connection, or server maintenance.
    2. 3rd Party Restrictions on Content or Features
    3. Degradation, the number of people Using the Service at once or maintenance requirements of the Website or Service.
    4. Your location when Using the Services.
    5. The country which You Use the Services within.
  2. We reserve the right to manage Your Use of all Services in order to protect it for the Use of other customers. We may therefore apply management controls to Your Account, from time to time. Details of Our current policy are on Our Website.
  3. The Services are made available provided You also comply with the following conditions, which are a fundamental part of this Agreement between You and Us:
    1. The Services are not used for anything unlawful, immoral or improper
    2. The Services are not used to send, receive, upload, and download or otherwise facilitate any material which is offensive, indecent, defamatory, of a menacing nature, a nuisance, a breach of privacy, an infringement of copyright or any other intellectual property rights or otherwise unlawful.
    3. The Services are not used to store any content which is in breach of these terms or conditions.
    4. The Services are not used otherwise than in accordance with Our or any other providers' policies.
    5. You give Us information We reasonably ask for.
    6. Any reasonable instructions We give You are followed.
    7. Any information You give to Us and, on which We may rely upon in order to make decisions concerning the provision of Services under this Agreement, must be true at the time You give it.
    8. You must give Us any deposit or extra deposit that We may ask for.
    9. You comply with any requirement of Us to set up an online Account for billing purposes.
  4. Any failure to comply with any points in point 3.3 will entitle Us to suspend or disconnect Your Services. We'll also be entitled to terminate this Agreement and You may have to pay any cancellation Charges and are not entitled to a refund of deposit or any upfront payments.

04. What and how You pay

  1. Our Charges are set out and are valid at the time of this Agreement.
  2. Our Charges are updated from time to time, any updates are posted on Our Website.
  3. You are responsible for all Charges applied to Your Account.
  4. We can change Payment Terms for any good reason, for instance, if You do not pay a bill by the date set out on it. We may not be able to tell You before We do.
  5. You shall be required to pay a deposit as security for the Charges if We have a good reason to require it.
  6. You may be required to pay the full amount due to Your Account before this Agreement will begin.
  7. We may charge you for a Re-Development if the clause in point 2.7 is invoked. This does not give You the right to terminate this Agreement. Any charges incurred by these changes stand, any failure to pay these charges will be referred to as late payments and will follow in Suspension and will be referred to Debt Collection Companies.
  8. We can keep the deposit until the Agreement ends. We will return it when You pay Us everything You owe. We will not pay interest on deposits. We can Use Your deposit to pay what You owe Us.

05. Our Liability to You

  1. We are only liable to You as set out in this Agreement. We have no other duty or liability to You.
  2. We are not liable to You in any way for loss of income, business or profits.
  3. We will not be liable to You if We cannot carry out Our duties or provide Services because of something beyond Our control.
  4. We are not be responsible for any harm You suffer from a Virus which infiltrates your Equipment, whether it was transmitted by the Services or otherwise. You may be responsible for Charges applied to Your Accounts for the Use of any Services activated by such a Virus.
  5. This point 5 will apply even after this Agreement has been terminated.

06. When We may suspend or disconnect the Services

  1. We may suspend all Services or terminate this Agreement and disconnect any Additional Services without warning if:
    1. You or anyone who Uses Your product whom does not keep to the conditions of this Agreement or any other Agreement with Us.
  2. You are liable for Charges during suspension unless We decide otherwise
  3. We can Charge to reactivate Your Services or Additional Products where any clause within 6.1 has occurred.
  4. The rights that We have under this point 6 are in addition to any other rights that We have to suspend and/or terminate the Services and/or suspend or terminate this Agreement has set out in the following other points of this Agreement : 3.3, 4.7, 7.3. If We suspend the Service for any reasons set out in point 6, 3.3, 4.7 and 7.3, and the Services are suspended for more than 60 days, You may have to pay another deposit/payment to reconnect or reactivate such Services.

07. Changes to Charges and terminating this Agreement

  1. All changes to Services and Charges
    1. We can lower any Charge at any time without telling You beforehand, although We will try to tell You if We can.
    2. We can suspend, change, increase the price of or withdrawal part or all of the Additional Services upon giving active Users of such Services a reasonable period of Written Notice. The change will then apply to You once that notice has run out.
    3. We can suspend, change or withdraw Your Agreement. We will give You Written Notice 30 days before We do so. The change will then apply to You once that notice has run out.
    4. We can increase any Agreement Charge. We will give You Written Notice 30 days before We do so. The change will then apply to You once that notice has run out.
  2. Your termination rights
    1. You can give Us a notice to terminate this Agreement, to take effect on or after the end of the Minimum Term. If, in Our total discretion, We accept notice from You to terminate this Agreement within the Minimum Term, You will have to pay Us a cancellation Charge. You can terminate this Agreement without having to pay Us a cancellation Charge, after the Minimum Term has ended.
    2. You can only give Us a notice to terminate this Agreement by written notification. Your Agreement will terminate 30 days from when We receive Your written notification, although You are free to change Your mind at any time during this period. You will be responsible for all Charges up to and including the date that this Agreement terminates. If Your Agreement is terminated any Additional Services or Additional Products will also terminate.
    3. A cancellation Charge would not apply if You are within the Minimum Term and:
      1. Our entitlement to operate Our Services ends at any time
  3. Our immediate termination rights
    1. We can terminate this Agreement immediately and You must pay Us everything that You owe, including any cancellation Charge and Additional Service Charges if any of the following occur:
      1. You break an important condition of this Agreement or a number of the less important conditions
      2. You break a less important condition of this Agreement and do not put it right within seven days of Us asking You to do so
      3. If any step is taken to make any kind of arrangement that would compromise Your liability to pay Your debts
    2. We can terminate this Agreement if any licence of Ours to provide Our Services have ended. However, as described in points 7.2.3.1, You won't have to pay a cancellation Charge or Additional Service cancellation Charge

08. General

  1. You need to get Our explicit prior consent before You can transfer or try to transfer any of Your rights and responsibilities under this Agreement. We may transfer any of Ours without Your permission, provided that level of Service You are currently experiencing is not reduced as a result.
  2. We can record any conversations between You and Our staff.
  3. We may send notices to either Your postal address, Your online Account, or Your e-mail address regardless of how Your bill is made available to You.
  4. You must notify Us straight away about any change in Your postal or E mail address. It is Your responsibility to make sure that the E mail address that You give to Us is correct, current and works at all times. If You change Your e-mail address or it has stopped working for any reason, You must notify Us immediately.
  5. Unless otherwise stated in this Agreement, any notices from You to Us must be sent to: Vers Creative, 67 Stratton Road, Bournemouth, BH9 3PG.
  6. Any concession or extra time that We allow You only applies to the specific circumstances in which We give it. It does not affect Our rights under this Agreement in any other way.
  7. This Agreement shall not confer any benefit on a third party under the Contracts (Rights of Third Parties) Act 1999.
  8. English law will apply that this Agreement and any disputes will be settled in the courts of England and Wales, Scotland or Northern Ireland (as applicable).
  9. If the points or condition of this Agreement is not legally effective, the remainder of this Agreement shall be affected. We can replace any point or condition that is not legally effective with a point or condition of similar meaning that is.
  10. Until You object We will Use information about You to tell You of Products and Services offered by Us and other organisations that might be of interest.
  11. This Agreement is the whole Agreement between You and Us. Any other information that You may have seen or heard before You entered into this Agreement is not included.

09. Your information

  1. You confirm that the information You provide to Us, including all registration details, are true, accurate and complete. You agree to inform Us immediately of any changes to Your details by contacting Our customer care teams.
  2. We will use Your personal information in accordance with the terms of this Agreement and Our privacy policy which You can find on Our Website.
  3. You have the right to ask for a copy of Your personal information and to correct any inaccuracies. Please see Our privacy policy for further details.
  4. In the event of a personal data security breach that affects You, We will notify the relevant authorities, and if appropriate, We will notify You in writing. A personal data breach that affects You does not give You the right to terminate this Agreement.
  5. We will carry out any activity or disclosure of Your personal information to comply with Our legal and regulatory requirements, for law enforcement purposes and to detect, prevent or investigate crime, fraud and misuse of or damage to Our Services and related Products.
  6. This Agreement is the whole Agreement between You and Us. Any other information that You may have seen or heard before You entered this Agreement is not included.
  7. If You have any further questions relating to this Agreement or terms or conditions, please contact Us.
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