These are the terms and conditions of My Digital Ego Ltd, a company registered in England and Wales under number 12729178, whose registered office is at Kemp House, 160 City Road, London EC1V 2NX (the “Company”, “we” or “us”). These terms and conditions were last updated in February 2021.
These terms and conditions apply to any service purchased from the Company, whether via its website (www.mydigitalego.com) or through a statement of work signed directly between you and the Company (a “SOW”). If you agree to these terms and conditions on our website, you signify your agreement by ticking a box to accept when placing your order and, at that stage, a legally binding contract has been created between you and us. Whether accepting online or agreeing to as part of an SOW, you have created a “contract” with us.
In the event of a discrepancy between these terms and conditions and a SOW, the SOW shall prevail.
In the event of a discrepancy between these terms and conditions and our website, these terms and conditions shall prevail.
If you do not agree with these terms and conditions, please do not proceed to use the services of the Company.
We may update these terms and conditions from time to time, and such updates will apply to you. So please check back regularly to ensure you have the most up to date version.
We are a digital marketing agency, making brands digitally discoverable, bringing them to life and telling their story, generating engagement, traffic and sales. We offer a variety of services, all of which are governed by these terms and conditions.
The services we provide (the “Services”) are as follows:
We may change the content of the Services from time to time, and will update these terms and conditions accordingly.
The contract comes into force on the date specified in the SOW, or the date you accept these terms and conditions on our website, and shall continue in relation to all Services provided to you, unless and until you provide us with 30 days’ written notice to terminate the contract. This does not apply to fixed term services, which shall automatically rollover for subsequent periods, and this will be specified in the SOW or on our website, as appropriate.
You will use your best endeavours to provide all information needed by us, and as we may request from time to time, in order to provide the Services.
Any delay in the provision of the Services that results from your failure or delay in providing that information will not be our fault or responsibility, and will not impact payment of fees by you to us.
Website Hosting and Maintenance Services
Where you enter into a contract for these services with us, this is a fixed term 12-month contract, from the date of signing of the SOW or acceptance of these terms and conditions on our website. Following this 12 month period, the contract will automatically rollover for additional 12-month periods, unless you provide us with one months’ written notice to end the contract.
All fees for hosting are paid annually in advance, before the Services shall commence. This allows us to purchase the various elements required in order to provide hosting to you.
We provide this Service to you via our hosting provider, namecheap. For this Service, we act as a reseller for their services. This means that namecheap’s terms and conditions regarding hosting will apply to your use of these Services. These can be found here: https://www.namecheap.com/legal/hosting/tos/ You agree to these terms and conditions by purchasing hosting services form us.
We use our best endeavours to respond to your queries within 3 hours of you raising the issue. This applies during working hours (9am to 5pm) on business days in England. We are not liable to you if we do not meet this service level.
We will do our best to resolve any issues between you and namecheap that may arise during the provision of the Services; however, if you have any legal issues with such Services, their terms and conditions will prevail.
Fees and Payment
We will provide you with the cost of the Services at the time of purchase, either on our website or in a SOW. At this time, you will also be notified as to whether payment is due in advance or in arrears, and how often payment is due.
In the event that any payment becomes overdue by more than 14 days from the due date, we are permitted to charge interest at a rate of 5% per annum above the Bank of England base rate, from time to time, accruing daily. We may also suspend the Services until payment has been made.
Liability, Indemnity and Insurance
We will not be liable for any indirect, special or consequential loss or damage suffered by you in relation to the Services and this contract.
Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury.
Our total liability for any loss or damage caused as a result of its negligence or breach of this contract shall be limited to the value of the fees paid by you from the date the contract commences.
We will not be liable for any delay in providing the Services to you. You understand and agree that the nature of the Services means that timescales cannot be guaranteed, and often relies on information being provided by you.
As part of the Services, we work alongside third parties. We are not liable for any indirect, special or consequential loss as a result of any acts or omissions of such third parties.
We are not liable for any content that is generated and posted on social media platforms or on your website. You are responsible for approving all content, and therefore retain responsibility for ensuring that it is in line with your brand and any regulatory obligations that may be imposed on your industry.
We are not responsible for any answers provided via the web chat plug-in. We do our best to ensure that the answers we provide are correct and in line with your brand, which is why we have a ‘frequently asked questions’ document that we work on with you. However, we cannot guarantee that the answers we provide will be identical to those you would provide at all times.
We provide the highest quality of Services to you, but we are not responsible for how your brand grows or develops, or the revenue or profit that derives from your use of the Services. You understand that this is outside our control, and subject to many factors other than digital marketing services. You are responsible for the growth and success of your own business.
Each party undertakes that, except as authorised in writing by the other party, it shall, at all times during the continuance of the contract, and for 2 years after its termination, keep confidential all confidential information in relation to the other party. This includes, but is not limited to, the processes, procedures, methodologies, trade secrets, passwords and login details of the parties.
The provisions of this clause shall continue in force in accordance with these terms, notwithstanding the termination of this contract for any reason.
No party to this contract shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
You will have the right to terminate this Agreement by giving 30 days’ written notice to us, except where you have purchased a service for a fixed term (as detailed further above).
We may terminate the contract at any time by giving written notice to you.
This contract is personal to the parties. Neither party may assign, mortgage, charge (otherwise than by floating charge) or sub-licence or otherwise delegate any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder without the written consent of the other party, such consent not to be unreasonably withheld.
No part of this contract is intended to confer rights on any third parties, and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this contract.
The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between their appointed representatives who have the authority to settle such disputes.
This contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
Any dispute, controversy, proceedings or claim between the parties relating to this contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
Use of our Website
You have permission for temporary use of our website, but we can withdraw or change our website at any time without telling you and without being legally responsible to you.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
If you allow anyone else to use our website, you must make sure that they read these terms first, and that they follow them.
Only use the website as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.
We frequently update the website and make changes to it, but we don’t have to do this, and material on the website may be out-of-date. No material on the website is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the website by anyone.
Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.
If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.
Our Legal Responsibility to You
We do not guarantee the accuracy of material on our website. As far as legally possible, we exclude legal responsibility for the following:
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the website will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You mustn’t try to get access to our website or server or any connected database or make any ‘attack’ on the website. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our website.
Links to our Website
You are allowed to make a legal link to our website’s homepage from your website. We can end this permission at any time.
You must not suggest any endorsement by us or association with us unless we agree in writing.
Links from our Website
Links from our website to other websites are for information only. We don’t control them and don’t accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.
Please email us at [email protected] to contact us about any issues.
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