Terms of Service

1. Agreement to Terms

By accessing our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein.

The Content is protected by copyright and other laws, and is the property of Positive 4 Design or third-party licensors. You may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
• If we provide social media features with certain content, you may take such actions as are enabled by such features

Your use of our Services

You must not:

• Modify copies of any materials from this Website
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website
• Access or use for any commercial purposes any part of the Website or any services or materials available through the Website

User-generated content

If you provide information to us, post content on the Website, or otherwise interact with our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

3. Service Description and Limitations

Positive 4 Design provides website design, development, maintenance, social media management, and media production services to its clients.

We strive to ensure that our Services are available to you at all times, but we cannot guarantee that the Services will always be available, or be uninterrupted, timely, secure, or error-free. There may be delays, omissions, interruptions, and inaccuracies in the information or content provided.

4. User Representations

By using the Services, you represent and warrant that:

• You have the legal capacity and agree to comply with these Terms
• You are not a minor in the jurisdiction in which you reside
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise
• You will not use the Services for any illegal or unauthorized purpose
• Your use of the Services will not violate any applicable law or regulation

5. Purchases and Payment

We offer various services for purchase on the Website. All purchases are subject to these Terms.

Fees and Payment

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Payment for services will be made as per the terms agreed upon in the individual service agreements or proposals. Unless otherwise stated, all fees are non-refundable.

Refunds

All sales are final and no refunds will be issued except in our sole discretion. If you believe that your particular case warrants a refund, please contact us to discuss your situation.

6. Projects and Deliverables

Project Timeline

Project timelines will be outlined in individual service agreements or proposals. While we work diligently to meet agreed-upon deadlines, timelines may be affected by factors such as client feedback, changes in project scope, and other circumstances beyond our control.

Client Responsibilities

For us to deliver our Services effectively, you agree to:

• Provide necessary materials and information in a timely manner
• Review and provide feedback on deliverables within agreed timeframes
• Ensure that any content provided to us does not infringe on any third-party rights
• Make payments according to the agreed schedule

Project Completion and Acceptance

Projects will be deemed complete when all deliverables have been provided according to the agreed specifications. Upon completion, you will have a specified period (as outlined in your service agreement) to request reasonable revisions or adjustments. After this period, the project will be considered accepted.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Use any information obtained from the Services in order to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Upload or transmit viruses, Trojan horses, or other material that is malicious or technologically harmful
• Attempt to impersonate another user or person or use the username of another user

8. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES MAY NOT BE ACCURATE OR RELIABLE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to defend, indemnify, and hold harmless Positive 4 Design and its employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy rights; or (iv) any claim that content you provided to us caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

11. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account or service agreement with us, you may simply discontinue using the Services or follow the termination procedures outlined in your service agreement.

12. Governing Law

These Terms shall be governed by and defined following the laws of the United Kingdom. Positive 4 Design and yourself irrevocably consent that the courts of the United Kingdom shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will post the revised Terms on the Website and update the "Last Updated" date at the top of these Terms. We will also provide notification of significant changes to these Terms via email to users who have provided us with their email address.

Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

14. Contact Information

If you have any questions about these Terms, please contact us at:

• By email: info@positive4design.com
• By phone: +44 7369 229826
• By mail: 1 Heather Lea, Manchester, M34 6BY