Service Terms & Conditions
Last Updated | 06 November 2018
This page (together with the documents referred to on it) provides you with the terms and conditions on which we will supply to you any services (Services) listed on www.peroosh.com (our Website). Please read these terms and conditions carefully before ordering any Services from Peroosh. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Visitors," are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as "Website."
1. Information About Us
We are Peroosh, a Scottish web development company and our trading address is at 1 Tobermory Drive, Western Brae, Kilmarnock KA3 1PB. We operate the Website ‘www.peroosh.com’ and its associated Service(s).
2. Your Status
By placing an order for any Peroosh Service, you warrant that:
- you are legally capable of entering into binding contracts*; and
- you are at least 18 years old.
* Please note that "binding contracts" as used here, is a legal term, and our Services are provided on a non-contractual, rolling subscription basis.
3. Recurring Subscription Plans
Upon delivery of agreed Services to you (Service Agreement) we will create a Recurring Subscription Plan at the agreed rate for this Service Agreement between you and Peroosh.
Your access to the Peroosh Website and its online administration systems is valid for the full duration of the length of your Subscription Plan, (usually this is ongoing until you cancel your Subscription Plan).
You will be automatically re-billed under the terms of your Subscription Plan. Your account will remain active until the current term of your last Subscription Plan payment has expired.
If you order new Service(s) for or remove any Service(s) from your website, we will adjust the Subscription Plan accordingly, and you will be sent a confirmation e-mail of the revised Subscription Plan containing a link to authorise this new Subscription Plan. We reserve the right to withhold any changes to your Service Agreement until the new Subscription Plan has been authorised by you.
4. Consumer Rights
You may cancel your Subscription Plan at any time, beginning on the day after you receive the Service(s) as set out in the Service Agreement.
When cancelling a Subscription Plan, your Service(s) will remain available until the end of the Subscription Plan period, but if requested, can be terminated early.
There is usually no refund available on remaining days within a Subscription Plan period as hosting costs etc, for your Service(s) have already been incurred and paid by us (see clause 8 for full details).
Cancelling a Subscription Plan does not exclude your liability for any additional costs incurred by Peroosh and billed separately to you when providing your Service(s) such as stock images, video clips, icon sets etc.
The EU website for online dispute resolution is available at: http://ec.europa.eu/consumers/odr
5. Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.
6. Risk and Title
The content entered via our Services for your website will be at your risk from the time of delivery.
Ownership of the content entered via our Services will only pass to you when we receive your first subscrption payment and full payment of all additional billed sums due in respect of delivery of your Service(s).
7. Price and Payment
The price of the Services and any additional charges will be as quoted on our site, except in cases of obvious error.
At this time, Peroosh is not VAT registered, and as such all prices shown are zero-rated for VAT.
Our Service prices are liable to change at any time, but these changes will not affect existing subscribers of these Services.
Payment for all Services must be by credit or debit card. We accept payment with Visa and Mastercard.
8. Our Refunds Policy
You can cancel your Service Agreement Subscription Plan at any time.
If you cancel a Service Agreement with us:
- Because you have cancelled the Subscription Plan between us within the fourteen-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Service in full excluding any costs incurred by us to deliver the Service(s) ordered, such as hosting costs and agreed stock images and video clip purchase costs.
- For any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Service is defective and our reasonable efforts to rectify this have not been satisfactory), we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Service in full, excluding any costs incurred by us to deliver the Service(s) ordered, such as hosting costs, stock images and video clip purchase costs.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Service purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which services of that kind are commonly supplied.
10. Our Liability
Subject to the following clauses, if we fail to comply with these terms and conditions we shall only be liable to you for the price of the Service(s) delivered.
Nothing in this agreement excludes or limits our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Any breach of the obligations implied in Chapter 4 of the Consumer Rights Act 2015;
- Defective products under the Consumer Protection Act 1987; or
- Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.
You agree to this electronic means of communication and you acknowledge that all Services, Subscription Plans, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Peroosh at email@example.com.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer of Rights and Obligations
The Subscription Plan between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a Service, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Service, or any of our rights or obligations arising under it, at any time during the term of the Subscription Plan.
14. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights for our Website and its associated Services, whether registered or unregistered. These works are protected by copyright laws and all such rights are reserved.
You are the owner or the licensee of all content added to your own Website(s) hosted via the Peroosh administration system, be this text, images, video, downloadable documents etc.
On termination of your Subscription Plan, you may request a copy of all content and unencrypted data (extracted from our database) entered for your website, such as member details, to be provided in a single Zip file (one per website) on an "as is" basis for you to use as you see fit.
We will not provide support on working with this data outwith the confines of the Peroosh administration system.
15. Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Service Agreement that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
- Impossibility of providing our Services due to failure or changes of service provision by one of our third-party providers or partners (eg hosting company, mail service provider, video hosting and social media platforms)
Our performance under any Service Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use all reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Service may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Subscription Plan, to insist upon strict performance of any of your obligations under the Service Agreement or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Service Agreement, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any of these terms and conditions of service or any provisions of a Service Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire Agreement
These terms and conditions of service and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Service Agreement.
We each acknowledge that, in entering into a Service Agreement, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions of service or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of Service Agreement.
Nothing in this clause limits or excludes any liability for fraud.
19. Changes to our Terms and Conditions of Use
We reserve the right to revise and amend these terms and conditions of service from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions of service in force at the time that you order Services from us, unless any change to those policies or these terms and conditions of service is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions of service before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions of service, unless you notify us to the contrary within fourteen working days of receipt by you of the Services).
20. Law and Jurisdiction
Purchase of Services through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any dispute or claim arising out of or in connection with such Service Agreements or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Scotland.