Terms of Use

For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.byblue.co.uk.

“Service” refers to the Company’s services accessed via the Site, in which users can hire the site owner to provide website design and technical assistance.

The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.

The following Terms of Use apply when you view or use the Service via our website located at www.byblue.co.uk.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use.  If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.

 

By purchasing any of our Services, you agree to be bound by these Terms and Conditions and represent and warrant that:

  • You are legally capable of entering into binding contracts
  • You are at least 18 years of age.
  • By continuing to use the site and agreeing to these terms and conditions of use and service, you represent and warrant that you are at least 18 years of age.

Privacy & Cookies

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail.  Any emails sent by us will only be in connection with agreed services and products or voluntary subscriptions you have signed up for.

These Terms of Use should be read alongside, and in addition to, our Privacy Notice and Cookie Notice. Please make sure you have read and agree with all notices prior to engaging our services

COPYRIGHT NOTICE

This site and its content is copyright of Trina Edwards trading as By Blue. All rights reserved.

This includes any text, graphics, images, audio, video, and any other form of information capable of being stored in a computer that appears on or forms part of this site.

Any redistribution or reproduction of part or all of the contents in any form is prohibited and by continuing to use the site you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights.

You may not, except with our express written permission, distribute or commercially exploit the content.  Nor may you transmit it or store it on any other website or another form of electronic retrieval system.

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the site infringe upon your copyrights, you may submit a notification by sending the following information by email to Trina Edwards at hello@byblue.co.uk

  • The date of your notification
  • A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed
  • A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
  • A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

ACCEPTABLE USE

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:

  • you agree that you will not under any circumstance:
    access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service
  • collect or harvest any personal data of any user of the Site or the Service
  • use the Service for any unlawful purpose or for the promotion of illegal activities
  • attempt to, or harass, abuse or harm another person or group
  • use another user’s account without permission
    intentionally allow another user to access your account
  • provide false or inaccurate information when registering an account
  • interfere or attempt to interfere with the proper functioning of the Service
  • make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data
  • circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service
  • publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

SERVICES AND GOODS

Our services to you begin as soon as you’ve signed our contract and made your first payment. We will invoice as set out in the Statement of Work.

Should you decide not to proceed at any stage any payments made up to that point will cover the cost of works already undertaken and will not be refunded. Further terms will be outlined in your contract.

Under UK law (Consumer Protection Distance Selling Regulations 2000) you do not have automatic rights to cancel after you have signed up to work with us. However, we will do our best to work with you and refund any money that has not been allocated for our services.

All Services which appear on the Website are subject to availability.

We can make changes to the services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

We reserve the right to alter, remove and change services available on this site; this will not affect those contracts which have already been entered in to unless expressly agreed in writing by both parties.

You agree to co-operate with us in all matters relating to the services and provide us and our authorised employees and representatives with all information required to perform the services.

Failure to comply with the above is a customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the contract with immediate effect on written notice to you. Unless otherwise agreed in the contract.

We issue no guarantees or warranties in relation to the results you will experience in accessing our services.

TERMINATION

Services end on the completion date set out in the Statement of Work agreement or on completion of the work, whichever is earlier.

There is no obligation from either party to booking in further work.

Either party may terminate service by giving notice in writing as per the termination clause in the Statement of Work and Contract.

 

DOMAIN NAMES

All domain names registered on your behalf will be in your name and you will be the legal owner.  You will be required to give us any information needed to register your domain.  Should you have a domain already, we will need access to your hosting company to be able to provide some services.

GDPR DATA PROCESSING

If any service requires the use of personal data about any individuals based in the EU/UK, then we have to contract properly for GDPR.

You will be provided with a Data Processing Agreement to sign along with your contract.

Trina Edwards trading as By Blue will only act on and process your data in accordance with documented instruction using a signed Data Processing Agreement, unless required by law to act without such Instruction.

The Instruction at the time of entering into this DPA is that Trina Edwards trading as By Blue may only process your data for the purpose of delivering our services.  You are responsible for ensuring that all individuals who provide instructions are authorised to do so.

Trina Edwards trading as By Blue will inform you of any instruction that deems to be in violation of GDPR and will not execute the instructions until they have been confirmed or modified.

  • When your data is processed by Trina Edwards trading as By Blue both parties acknowledge and agree that:
    Trina Edwards trading as By Blue is both a Data Processor of Customer Data under the GDPR and a Data Controller.
  • You are a Data Controller of your data under GDPR and a Data Processor of any third party information you may give to us.
  • Trina Edwards trading as By Blue is a registered Data Controller with the Information Commissioner’s Office under registration number: ZB330857

DISCLAIMER

You will be able to access the majority of this Website without having to register any details with us.  However, particular areas of this Website may only be accessible if you have registered or used our services.

This website may be temporarily unavailable due to issues such as system failure, maintenance or for reasons beyond our control.  We will take all reasonable steps to ensure that this website is always available but we will not be liable if this website is unavailable at any time.

We take all reasonable steps to ensure that the information on this website is correct.  We cannot guarantee the correctness or completeness of any content on this website.  The content on this website may be out of date and we make no commitment to ensure that such content is correct or up to date.

We may make changes to the content on this website at any time and without notice.

 

FORCE MAJEURE

Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Web Hosting collapse, Server fault or ISP going into receivership or administration that may affect your web services. Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, an act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

GOVERNING JURISDICTION

The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access.  If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.  Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.  These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

 

WARRANTY DISCLAIMER

The service, is provided “as is,” without warrant of any kind.  Without limited the forgoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title security, accuracy and non-infringement.  Without limited the foregoing, we make no warranty or representation that access to or operation of the service will be uninterrupted or error free.  You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content, or other material obtained from this service.  Some jurisdictions limit or do not permit disclaimers or warranty, so this provision may not apply to you.

 

LIMITATION OF DAMAGES

Release to the extent permitted by applicable law, in no event shall the site, the service, it’s owners, affiliates, directors, employees, licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

  1. the use, disclosure, or display or your user content,
  2. your use or inability to use the service
  3. the service generally or the software or systems that make the service available
  4. any other interactions with use or with any other use of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or no we have been informed of the possibility of such damage and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers or warranty, so this provision may not apply to you.

CONTACT

Questions and comments regarding this Terms of Use can be addressed to support@byblue.co.uk