Terms & Conditions
Banjo Design terms & conditions agreement
This agreement is entered into by and between Banjo Design and you, and is made effective as of the date of electronic acceptance. This agreement sets forth the terms and conditions of your use of Banjo Design’s website theme and maintenance services, and represents the entire agreement between you and Banjo Design concerning the subject matter hereof.
Your electronic acceptance of this agreement signifies that you have read, understand, acknowledge and agree to be bound by this agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.
The terms “I”, “me” or “my” shall refer to Banjo Design. The terms “you”, “your”, “user” or “customer” shall refer to any individual or entity who accepts this agreement. Nothing in this agreement shall be deemed to confer any third-party rights or benefits. “Theme” refers to a single WordPress theme designed and supplied by Banjo Design, including all related files and plugins.
I may, in my sole and absolute discretion, change or modify this agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the services, at any time, and such changes or modifications shall be effective immediately upon posting to this site. Your use of the services after such changes or modifications shall constitute your acceptance of this agreement and any limitations to the services as last revised. If you do not agree to be bound by this agreement and any service limitations as last revised, do not continue to use the services. I may occasionally notify you of changes or modifications to this agreement by email. I assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. This End User License Agreement is a binding legal agreement between you and Banjo Design. Purchase or use of any WordPress theme or maintenance plan provided on the Banjo Design website signifies that you have read, understood, and agreed to be bound by the terms outlined below.
1. Theme licensing and use
All Banjo Design WordPress themes are licensed under the GNU General Public License. You have the right to use each purchased Banjo Design Theme on one domain only. This includes using the theme on subdomains which are directly related to the primary domain (e.g. blog.exampledomain.com). You may not use the purchased theme on add-on domain names which are unrelated to the primary domain.
2. Licence reselling
Reselling the licence of any Banjo Design themes is strictly prohibited. I reserve the right to cancel any licences if these terms are breached.
3. Theme delivery
Once you have purchased a Banjo Design theme, I will contact you to establish whether you require any services in addition to the theme. Additional services may include a website maintenance package, web hosting migration, theme customisation and brand identity design. I will then invoice for all required additional services. Once the invoice is paid in full, I will begin work on setting up your new Banjo Design theme and any additional services.
Payment for a Banjo Design theme can be made directly using Paypal. Any additional services will be invoiced and can be paid by Paypal or BACS transfer. Any customer wishing to pay using BACS transfer will find payment details included on the theme plan invoice. For any purchased Banjo Design maintenance plan I recommend that you set up a monthly standing order for the monthly maintenance costs.
5. Use of content
You acknowledge that the purchased theme contains or may contain material which is the intellectual property of Banjo Design, and is protected by copyright, trademark or other proprietary rights; therefore, you are only permitted to use the material as expressly authorized by Banjo Design. You may not transfer or sell, reproduce, distribute, or in any way exploit any of the content, in whole or in part, except with an expressly permitted agreement from Banjo Design.
Content created by you and uploaded to your website remains your intellectual property, protected by copyright, trademark or other proprietary rights.
6. Refund policy
I do not offer refunds. Banjo Design is offering non-tangible digital goods and services, I do not offer refunds for any theme purchase unless a specific agreement was made prior to purchase or if I am unable to resolve any issues with the theme you purchased for a specific and valid reason (e.g. some sort of incompatibility).
7. Theme switch
If the purchased Banjo Design theme does not meet your expectations, or meet your expectations after additional customisation, I will offer the possibility for you to switch to another Banjo Design theme. If the replacement theme is more expensive than the original theme, the difference in value shall be paid by you. Any customisation on the new theme will incur an additional service fee.
8. Theme updates
With any purchased maintenance plan, Banjo Design guarantees that your theme will be compatible with the latest stable version of WordPress. Should your maintenance plan with Banjo Design lapse or be cancelled, I offer no guarantee that the last version of the theme as used on your website prior to cancellation will be compatible with future versions of WordPress.
9. Browser compatibility
Banjo Design themes are tested and optimized for the most common web browsers. Demonstration versions of each theme can be accessed via the purchase page of the theme. Please ensure that you test the demonstration theme on the browsers you use prior to purchase, as I cannot guarantee that Banjo Design themes will work with all browser combinations.
10. Theme compatibility
Banjo Design WordPress themes are provided “as is” with no implied meaning that they will function exactly as you wish, or with any third-party software (plugins, components and modules) other than those recommended and installed during the initial theme setup. I offer additional billable services to adjust and customise my themes to look and/or to function exactly as you wish.
11. Third-party software
I will install third-party software supplied by you, on the basis that you represent and warrant that (1) you have the right to use and install the third party software, (2) you have paid any applicable licensing fees for the third party software, and (3) the third party software does not and shall not infringe on the intellectual property rights of any other person or entity.
I cannot provide free support for third-party software that you have purchased elsewhere; you must contact the third-party seller for support, or I can contact them for you for an additional service fee.
12. Search engine optimisation
At your request, I will provide basic search engine optimisation (SEO) on the core pages of your theme during initial setup. I will not provide SEO for any blog posts or articles.
My SEO service includes adding meta titles, meta descriptions, image filenames and image ‘alt’ tags that suit each specific page’s content. This service does not include any keyword research, link building or other advanced SEO techniques.
I do not guarantee a specific search ranking position for any page on your website. If you require advanced SEO provision, I can make recommendations for SEO service providers, but give no guarantee of their success.
13. My maintenance plans
- Outline & setup
I strongly recommend purchasing a monthly maintenance plan alongside one of my themes to keep your website functioning as intended. For the duration of your maintenance plan, I will perform maintenance on your website as outlined on my ‘Theme Shop’ page. This will include, among other benefits: regularly performing necessary updates to WordPress and any installed plugins, backing up the website database and files, and confirming that the functionality of your website remains as intended and expected.
During setup of your maintenance package, I will create a website administrator role for ourselves, and install several plugins on your site, for the purpose of facilitating your maintenance services. Their purpose is to facilitate the backup, maintenance and security of your WordPress website and files. The plugins will allow me to access, automate updates to core files, other plugins, your theme, and other files related to the maintenance of your site.
- Uploading content
My administrator role exists for the express purpose of maintaining your website. For the duration of your maintenance plan, at your request and with your permission, I will also upload to or edit the existing content of your website, including text, images and videos. The time Banjo Design allocates to content uploads is limited to a maximum monthly allowance as outlined in the package details on the ‘Theme Shop’ page of the website. Uploading content in addition to your allotted monthly allowance may be requested for an additional charge.
I am unable to create or curate content including text copy, blog posts, photographs, illustrations or videos for your website, beyond spell-checking or image resizing.
All content uploaded to your theme by you must meet the guidelines as outlined in article 4 and article 5 of the ‘Additional Hosting Terms and Conditions’ section below.
- Contacting support
Banjo Design aims to respond to any support requests within twenty-four hours of receiving said request. If I have not replied to your support case within twenty-four hours, I ask that you attempt to contact me again and wait an additional twenty-four hours, in case I did not receive your initial support request.
In the unlikely event of total equipment failure, injury or sickness preventing me from responding to or working on your support case, I will refer the case to a trusted associate, who will work as your support agent at no additional cost to you, until I am able to resume working on your support case.
- Support materials
You acknowledge that the purchased theme has associated support materials, including tutorial videos, images, illustrations, articles and downloadable documents which are protected by copyright, trademark or other proprietary rights; therefore, you are only permitted to use the material as expressly authorized by Banjo Design. You may not transfer or sell, reproduce, distribute, or in any way exploit any of the support content, in whole or in part, except with an expressly permitted agreement from Banjo Design.
Your maintenance plan will include web hosting by Banjo Design. If you have an existing website using third-party web hosting and wish to purchase one of my maintenance plans, I can migrate your website to my hosting for an additional fee of £150. Your web hosting with Banjo Design will renew automatically for an additional month upon renewal of your maintenance plan.
If your website hosting needs exceed Banjo Design’s web hosting service capabilities, I will endeavour to find and recommend a suitable third-party web host that fulfils your specific requirements. I am unable to provide free hosting support for any third-party web hosting service. If you need support for a third-party web host, you must contact the web host directly, or I may contact them for an additional service charge.
Your use of my website hosting must meet additional conditions, as outlined by the ‘Additional hosting terms and conditions’ section below.
For your hosting and maintenance services to continue without interruption, I recommend that you set up a monthly standing order for the monthly maintenance costs. If I haven’t received your payment within 7 days of the renewal date, I will endeavour to contact you by the contact methods I have on record to remind you that your maintenance payment is due. If I still haven’t received your payment within 21 days of the renewal date, I will suspend your maintenance services indefinitely until payment has been received.
- Cancelling your maintenance plan
If you no longer wish to continue with the maintenance plan, I ask that you notify me in writing at least 28 days prior to the plan’s renewal date. Upon cancellation of your maintenance plan, you will no longer receive support or any associated services from Banjo Design. This includes website and plugin updates, website backups and security, and content updates. If your website is hosted by Banjo Design, I will continue to host your website for a maximum of 28 days, until or unless you move your website to a third-party web host. After cancellation, you may not resell or distribute any of the supplied theme content to any third parties without permission from Banjo Design, as detailed in article 5 of this agreement.
Any plugins installed on your website for the purpose of facilitating your maintenance services will be removed. Any plugins vital to the functioning and visual appearance of your website which are licensed to Banjo Design will be left in place, but the license will be removed – it will be at your discretion to purchase a licence for these plugins or modules, so as not to infringe on the intellectual rights or copyright of the plugin or module author(s).
In no event shall Banjo Design be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of my themes, this website or by use of my additional services. Some states or jurisdictions do not allow the exclusion of certain warranties. Nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.
15. Miscellaneous terms
You agree to indemnify and hold Banjo Design harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the themes or this website.
Banjo Design reserves the right to change these terms and conditions without notice. Further, Banjo Design reserves the right to modify or discontinue any portion of the theme plan. Banjo Design shall not be liable to you or any third party should Banjo Design exercise its right to modify, suspend, limit or discontinue any feature of its products or services.
Use of the themes and this website shall be governed by and construed in accordance with the internal laws of the United Kingdom. You agree to submit to the non-exclusive jurisdiction of any United Kingdom’s Courts, in any action or proceeding arising out of or relating to the use of this website or themes.
If any provision of these terms and conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Additional hosting terms and conditions
1. Description of services
If you use the Banjo Design web hosting service, your site is placed within one or more servers and resources are shared between many customers on the same servers; however, your site is given a unique address (DNS).
2. Hosting migration
If you have an existing website which is hosted by a third party and you would like to use Banjo Design’s web hosting service, I may be able to migrate your website to my hosting for an additional fee of £150. In rare cases, some hosting platforms may save data in an incompatible or proprietary format, which may leave me unable to assist you in the transfer of data from the third-party host. In this instance, I will advise you to retain your hosting with the third party, and refund your migration fee.
You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following hosting migration. You agree not to make any changes or revisions to your website during the migration process.
You agree that I am not liable for any delay in website resolution or loss of data related to your hosting migration. Hosting migrations are not available for websites with over 10GB of data or more than 100,000 files.
I may install a plugin on your external WordPress site for the purpose of facilitating your WordPress migration into my own WordPress hosting environment. This plugin will not change anything on your source site. Its purpose is to facilitate the hosting migration of your WordPress files. You are welcome to disable the plugin on your source site after the hosting migration has been completed.
3. Limitations; account termination
You acknowledge and agree that as a normal course of business, it may be necessary for me to migrate my servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. I do not warrant that you will be able to consistently maintain your given IP numbers.
You acknowledge and agree that upon expiration or termination of your services, you must discontinue use of the services and relinquish use of the IP addresses and server names assigned to you in connection with services, including pointing the domain name system (“DNS”) for your domain name(s) away from my servers. Prior to termination of the services, you are responsible for moving your website or server content off my servers. I will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off my servers prior to cancellation, then all such content will be deleted and I will not be able to provide a copy of such content.
4. Your obligations; representations and warranties
You acknowledge and agree that I shall have the right to seek justification in connection with your use of the services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by my pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.
You acknowledge and agree that you may not use my servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of my network or will damage the systems of, or cause a disruption of internet services to, Banjo Design, my customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and I reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. I prohibit the use of software or scripts run on my servers that cause the server to load beyond a reasonable level, as determined by me. You agree that I reserve the right to remove your website temporarily or permanently from my servers if you are in violation of this agreement and/or there are activities that threaten the stability of my network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this agreement. You further acknowledge and agree that Banjo Design reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in Banjo Design’s discretion for security purposes.
You agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the services to: (1) attempt to mislead any person as to the identity, source or origin of any communication; (2) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; or (3) use your server as an “open relay” or for any of the above purposes.
I prohibit the running of a public recursive DNS service on any of my servers. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses.
You acknowledge and agree that you shall not use services in a manner, as determined by me in my sole and absolute discretion: to display or advertise pornographic, X-rated, sexually explicit, or otherwise tasteless materials, images, products or services (including, but not limited to: massage, dating, escort or prostitution services); or that uses pornographic, X-rated, sexually explicit keywords or images in video names, descriptions or listings.
Further, you are responsible for ensuring that any product posted for sale on your website is in compliance with all applicable laws and regulations where your items can be purchased. I reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited and/or cancel your services.
My servers are not an archive and I shall have no liability to you or any other person for loss, damage or destruction of any content unrelated to your website. The Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the service in any way, in my sole discretion, that shall impair the functioning or operation of my services or equipment. Specifically, by way of example and not as a limitation, you shall not use the services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that I have the right to carry out a forensic examination in the event of a compromise to your server or account.
You acknowledge and agree that in the course of your hosting plan, it may be necessary for me to modify, alter or remove the content of your hosted product.
If access to a third-party hosting website is required in the provision of any service, you represent and warrant that you are authorized to provide me with access to the third-party hosting account for the purposes of this agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.
5. Provisions specific to web and WordPress hosting
My hosting plans are designed to host most personal, small business and organization websites, and thus I offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that I do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of my servers, data storage, networking or other infrastructure, I will recommend that you upgrade to an alternative third-party hosting service.
Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to Rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of my server or network environment.
Your hosting service is provided with CPanel. You acknowledge and agree that I am not liable for any delay in website resolution or loss of data caused by your use of CPanel and its settings.
7. Service uptime guarantee
I offer a service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs I may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond my control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
8. SSL certificates
A basic SSL certificate will be included with your hosting at no extra charge. If your website requires an alternative SSL certificate to the one provided, I can source and recommend one for an additional fee.