Terms of Use

These terms of use (“Terms”) govern your access to and use of the website at https://www.123digi.co.uk and any sub-domain operated by us (the “Site”).

By accessing, browsing or otherwise using the Site, you confirm that you have read, understood and agree to be bound by these Terms, our Privacy Policy and, where you engage us for paid Services, our Terms of Business. If you do not agree to these Terms, please stop using the Site immediately.

The Site is operated by 123DIGI, a digital design and SEO studio based in Colchester, Essex, United Kingdom. References to “we”, “us” and “our” in these Terms mean 123DIGI.

You can contact us at hello@123digi.co.uk.

Site

https://www.123digi.co.uk and any associated sub-domain or page operated by us.

Content

All text, graphics, photography, code, logos, trade marks, design and other material made available on the Site.

Services

The professional design, development, SEO, social and consultancy services that we offer to clients under our Terms of Business.

User

Any person who accesses or uses the Site (referred to as "you" or "your" in these Terms).

We grant you a limited, revocable, non-exclusive, non-transferable licence to access and view the Site for your personal or internal business use, on the condition that you comply with these Terms.

You must not, and must not attempt to:

• →Use the Site in any way that breaches any applicable local, national or international law or regulation;
• →Use the Site to send, knowingly receive, upload, download, use or re-use any material that does not comply with our content standards (including material that is defamatory, obscene, offensive, hateful, infringing or unlawful);
• →Transmit any unsolicited or unauthorised advertising or promotional material;
• →Knowingly transmit any data, send or upload any material that contains viruses, trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs designed to adversely affect the operation of any computer software or hardware;
• →Use any robot, spider, scraper or other automated means to access the Site or copy any content, except for legitimate search-engine indexing in accordance with our robots.txt file;
• →Reverse engineer, decompile or otherwise attempt to derive the source code of any part of the Site, except where permitted by mandatory law;
• →Probe, scan or test the vulnerability of the Site without our prior written consent, or breach any security or authentication measure;
• →Use the Site in a manner that imposes an unreasonable or disproportionately large load on our infrastructure;
• →Frame, scrape, mirror or otherwise reproduce the Site in whole or in part on any other site without our prior written consent;
• →Pass off, or attempt to pass off, the Site or any of its Content as your own.

We reserve the right to report any breach to the relevant law enforcement authorities and to cooperate with them by disclosing your identity to them.

We are the owner or licensee of all intellectual property rights in the Site and the Content, including all underlying software, design, brand assets, copy, photography and trade marks. Those rights are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print or download extracts of any page on the Site for your personal reference, and you may draw the attention of others within your organisation to material posted on the Site, provided that:

• →You do not modify the paper or digital copies in any way;
• →You do not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text;
• →Our status (and the status of any identified contributors) as the authors of the Content is always acknowledged;
• →You do not use any part of the Content for commercial purposes without obtaining a written licence from us.

If you print, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies you have made.

If you submit any material to us through the Site, by email or by other means (including project briefs, brand assets, copy or images), you warrant that:

• →You own that material or have the right to share it with us for the purposes for which you have shared it;
• →It does not infringe the intellectual property, privacy or other rights of any third party;
• →It does not contain any unlawful, defamatory, obscene or otherwise objectionable content; and
• →It does not contain any virus or other harmful code.

You grant us a non-exclusive, royalty-free, worldwide, sub-licensable licence to use, copy, store and process that material for the purpose of evaluating your enquiry and, where we engage to deliver Services to you, performing those Services. Where you become a paying client, the licence and ownership of deliverables is governed by our Terms of Business.

Where the Site contains links to other sites and resources provided by third parties, those links are provided for your information only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

We aim to keep the Site available 24 hours a day, but we do not guarantee uninterrupted access. We may, at our sole discretion and without prior notice, suspend, withdraw, discontinue or change all or any part of the Site for operational, security or business reasons.

The Content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Site.

Although we make reasonable efforts to update the Site, we make no representations, warranties or guarantees, whether express or implied, that the Content on the Site is accurate, complete or up to date. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any Content on it, whether express or implied.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the laws of England and Wales.

Subject to the paragraph above, we will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

• →Use of, or inability to use, the Site;
• →Use of or reliance on any Content displayed on the Site;
• →Loss of profits, sales, business or revenue;
• →Business interruption;
• →Loss of anticipated savings;
• →Loss of business opportunity, goodwill or reputation; or
• →Any indirect or consequential loss or damage.

If you are a consumer, please note that we provide the Site for domestic and private use only. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

You agree to indemnify and hold 123DIGI, its directors, officers, employees and contractors harmless from and against any and all losses, damages, claims, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms or your unlawful use of the Site.

Your use of the Site is also governed by our Privacy Policy, which forms part of these Terms.

We may, at our sole discretion and without notice, suspend or terminate your access to the Site if we have reasonable grounds to believe that you have breached these Terms or that your conduct is harmful to us, our other users or any third party.

We may revise these Terms at any time by amending this page. Any changes will take effect when published. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. The “Effective” date at the top of this page reflects the date of the latest version.

We will not be in breach of these Terms or otherwise liable for any failure or delay in the performance of our obligations to the extent that such failure or delay is caused by acts beyond our reasonable control, including (without limitation) acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, accident, breakdown of plant or machinery, fire, flood, storm or epidemic.

17.1 Severability

If any provision (or part of any provision) of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

17.2 No waiver

A failure or delay by us to exercise any right or remedy under these Terms is not a waiver of that right or remedy.

17.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without notice.

17.4 Third-party rights

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

17.5 Entire agreement

These Terms, together with our Privacy Policy and (where applicable) our Terms of Business, constitute the entire agreement between you and us in relation to your use of the Site and supersede any previous agreement or understanding.

These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales. You and we both irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

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

Entity

123DIGI

Address

Colchester, Essex, United Kingdom

Email

hello@123digi.co.uk