This user agreement (“Terms”) is entered into between Emblematic Digital with registered address at 3-9 Albert St, Slough SL1 2BE, Berkshire, United Kingdom (“EMBLEMATIC”, “we”, or “us”) and you, governing your use of the EMBLEMATIC digital platform and your access to the Services provided therein.
In these Terms, the defined terms listed below have the assigned meanings:
– Renewal Period(s) – the period(s) following the Initial Term for which you choose to renew your subscription to the Services, with each such period having the same duration as the Initial Term.
– Associated Entities – any entity that directly or indirectly controls, is controlled by, or is under common control with, another entity.
– Business Website – a website promoting your services that may be licensed to you by EMBLEMATIC as part of the Services provided.
– Privacy Regulations – all applicable international, regional, and national laws and regulations governing the use or processing of personal data, including but not limited to the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the EU General Data Protection Regulation (EU GDPR), the U.S. federal and state privacy laws (including the California Consumer Privacy Act – CCPA), and any other applicable data protection laws in the jurisdictions where we operate or where our clients are located.
– Web Domain – any web domain that may be offered to you as part of the Services.
– Intellectual Property Rights – patents, copyrights, moral rights, trademarks, trade names, domain names, rights in get-up, trade secrets, and all other intellectual property rights, whether registered or unregistered, and including all applications for, and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
– Prospects – any individual or entity that contacts you as a result of the Services through any means, including, but not limited to, telephone calls, SMS, emails, and booking requests on the Business Website, regardless of whether such inquiries result in transactions.
– Initial Term – the initial duration that you have agreed to subscribe for the Services as outlined in the Service Agreement.
– Billing Cycle(s) – post-Initial Term, unless otherwise specified in your Service Agreement, your Services will be provided on a monthly basis starting the day after the Initial Term ends. For example, if your Initial Term ends on January 6th, your Billing Cycle will run from January 7th to February 6th and continue monthly until cancellation.
– Service Agreement – the document emailed to you detailing the Services package you have subscribed to, including the price, the commencement date, and the Initial Term.
– Third-Party Platforms – any external platforms that EMBLEMATIC may manage as part of the Services, including, but not limited to, Google My Business, Facebook Pages, LinkedIn, Google Ads, Facebook Ads, and LinkedIn Ads.
– Services – any and all services provided to you by EMBLEMATIC as described in your Service Agreement, which may include, without limitation, the development and hosting of your Business Website, the creation of content for the Business Website, the Web Domain, and any content created by EMBLEMATIC for Third-Party Platforms, or any subscription services EMBLEMATIC provides to you.
– Referral Bonus – any bonus that may be credited to your account for referring new clients who use the Services.
– Service Fee – the initial fee charged by EMBLEMATIC for creating a digital presence for new clients.
– Commencement Date – the date your Services begin, as specified in the Service Agreement.
– EMBLEMATIC Platform – the proprietary digital platform developed by EMBLEMATIC and its licensors, including, if applicable, your Business Website, facilitating the management of digital assets.
– Client Data – personal information (as defined under the applicable Privacy Regulations) collected on the EMBLEMATIC Platform from end users.
1. SERVICES
1.1 EMBLEMATIC commits to providing you access to the Services outlined in the Service Agreement, adhering to these Terms.
1.2 You agree to pay for the Services starting from the Commencement Date for the Initial Term at the rate specified in the Service Agreement. For annual plans, you agree to pay for the Services from the Commencement Date for an Initial Term of one year. To ensure continuous service provision, such as your web domain, we will bill you for the renewal of next year’s annual plan at the end of the 11th month of your current plan. Your plan duration remains 12 months. Services are tailored to your specifications, and EMBLEMATIC will not offer refunds unless the Services are not delivered as per these Terms.
1.3 After the Initial Term, any Services you subscribe to will automatically renew for Renewal Periods until you notify us of your decision to terminate per clause 1.4.
1.4 You may cancel or modify any Services at the end of the Initial Term or any then-current Renewal Period before its expiration. You are not entitled to cancel or modify any Services before the completion of the Initial Term or any current Renewal Period due to changes in your situation.
1.5 You may add or upgrade Services at any time via your EMBLEMATIC Business Portal. To log in, [click here]. For further assistance, please contact support@emblematic.website. If you wish to transfer an existing web domain to EMBLEMATIC, this can be facilitated as an extra service, subject to a fee.
1.6 We may modify the pricing of the Services upon the conclusion of your Initial Term with 15-30 days’ written notice.
1.7 If you are eligible for a Referral Bonus, you will be informed via email, and it will be applied to your next Billing Cycle. If you cancel the Services before the Referral Bonus is applied, it will be forfeited.
1.8 All payments are processed through third-party payment processors, including PayPal, Stripe, and their international affiliates. We do not store any credit or debit card information. You agree to supply valid payment details to our third-party processors, authorizing them to store your information per their privacy policies and bill you according to the payment terms outlined in your Service Agreement and at the start of each Billing Cycle or for additional Services you may purchase from EMBLEMATIC.
1.9 Failure to pay due charges or requesting account cancellation before the end of your Initial Term results in the total amount due for the full Initial Term becoming immediately payable. We may suspend any Services until payment is received. Interest will accrue on late payments at an annual rate of 8% above the National Bank’s base rate.
1.10 All quoted prices exclude sales taxes.
1.11 EMBLEMATIC reserves the right to modify the Services. If such changes significantly diminish their functionality, EMBLEMATIC will inform you via email, and you may cancel the Services with immediate effect within 30 days of the notification, even if within the Initial Term.
1.12 The Commencement Date for the Services is the date your order was placed, and you are obligated to pay for the Services as outlined in your Service Agreement from the Commencement Date, regardless of whether you have provided EMBLEMATIC with all required setup information.
1.13 Invoices are accessible electronically on my.emblematic.website. You can review and download invoices from your Business Portal or request email copies.
1.14 If you subscribed under a promotional offer (as detailed in your Service Agreement), it is subject to the payment terms and conditions specified in your Service Agreement. EMBLEMATIC reserves the right to limit promotional offers to certain businesses or business categories at its discretion and to withdraw any offers without notice.
1.15 EMBLEMATIC cannot ensure the availability of the Web Domain you desire through EMBLEMATIC. If you have obtained a Web Domain through EMBLEMATIC, it is crucial to promptly pay any renewal fees to EMBLEMATIC to avoid losing the Web Domain.
1.16 EMBLEMATIC provides a 30-day Satisfaction Guarantee for new clients. This 30-day period starts from the date you pay the Service Fee, irrespective of when you provide the necessary information for us to establish your digital presence. Further details on the Refund Policy are provided in section 11.
2. LICENSE
2.1 You grant EMBLEMATIC and our associated entities a non-exclusive, global, perpetual, transferable, and sublicensable right to use, copy, modify, distribute, publish, and process any content:
2.1.1 you upload to the EMBLEMATIC Platform; or
2.1.2 that you have uploaded to other digital platforms, such as LinkedIn, Google My Business, and Yelp (hereby granting EMBLEMATIC consent to use your content from such platforms solely for providing the Services); and
2.1.3 related to your business on the EMBLEMATIC Platform.
2.2 If you are paying for Services, you also grant EMBLEMATIC a license to manage your Third-Party Platforms for business promotion purposes and to act as your agent in adhering to the terms and conditions of your Third-Party Platforms. This license and agency relationship persists post-termination of these Terms until you assume ownership of such accounts or they are deleted by EMBLEMATIC as outlined in clause 9.6. You confirm adherence to the use terms of all Third-Party Platforms set up and managed by us as part of the Services. Acknowledge that content on such platforms is managed by third parties and may be beyond EMBLEMATIC’s control.
2.3 Paying for Services entitles you to a license from EMBLEMATIC for a Business Website and/or a Web Domain. EMBLEMATIC remains the registrant of the Web Domain.
2.4 By subscribing to listings management as part of the Services (as indicated in your Service Agreement), you ensure your listings information is virus-free, constitutes a primary source, and is current and accurate.
3. WARRANTIES
3.1 You warrant to EMBLEMATIC that:
3.1.1 you are of legal age and possess the authority to enter into these Terms;
3.1.2 you will not breach security, reverse engineer, or disrupt the functioning of the EMBLEMATIC Platform or Third-Party Platforms;
3.1.3 you will secure any passwords for the EMBLEMATIC Platform and assume responsibility for unauthorized access due to compromised passwords;
3.1.4 any content you provide to EMBLEMATIC and your use of the Web Domain will not violate any laws or Intellectual Property Rights of third parties and will be accurate, legal, and up-to-date;
3.1.5 you will not use the EMBLEMATIC Platform for unauthorized commercial activities, excluding purchased Services;
3.1.6 you will respect the booking system of service providers accessible through the EMBLEMATIC Platform;
3.1.7 you will handle all Client Data from your Business Website in compliance with applicable privacy laws and our Privacy Policy;
3.1.8 you will not sell or license access to the EMBLEMATIC Platform or Services without our consent;
3.1.9 you possess the legal right to represent the business you’re setting up an account for.
4. INDEMNIFICATION
4.1 You agree to defend, indemnify, and hold EMBLEMATIC harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising from your use of the EMBLEMATIC Platform or Services, including any Web Domain, or your breach of these Terms and warranties.
5. DISCLAIMER
5.1 EXCEPT AS EXPLICITLY STATED IN THESE TERMS, EMBLEMATIC AND ITS ASSOCIATED ENTITIES OR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE EMBLEMATIC PLATFORM, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EMBLEMATIC CANNOT GUARANTEE SPECIFIC OUTCOMES FROM THE USE OF THE PAID SERVICES, INCLUDING THE VOLUME OR QUALITY OF PROSPECTS. REFUNDS WILL NOT BE PROVIDED BASED ON DISSATISFACTION WITH THE QUANTITY OR QUALITY OF PROSPECTS.
5.2 EMBLEMATIC does not assure uninterrupted, error-free functionality of the EMBLEMATIC Platform or immunity from viruses or other harmful elements. There may be occasions when certain features of the EMBLEMATIC Platform are unavailable, modified, suspended, or withdrawn by us at our sole discretion, without prior notice. EMBLEMATIC is not liable for any unavailability, modifications, or consequences of viruses or harmful elements.
5.3 While EMBLEMATIC strives to ensure accuracy and legality of content on the EMBLEMATIC Platform, we do not review user-provided content and are not responsible for such content. If you encounter content that violates our guidelines, please report it to support@emblematic.website. We reserve the right to remove or edit content at our discretion without notice.
5.4 You are responsible for assessing whether to access third-party sites linked from the EMBLEMATIC Platform. Third-party sites are governed by their own terms and privacy policies, and you may grant permissions to use your information in ways EMBLEMATIC would not. EMBLEMATIC is not liable for third-party sites or their content, use at your own risk.
5.5 To provide certain Services, EMBLEMATIC may require access to your Third-Party Platforms. You acknowledge separate agreements with these service providers and are solely responsible under those agreements. EMBLEMATIC disclaims any liability for the actions, content, or policies of these platforms.
6. LIABILITY LIMITATION
6.1 Except for liabilities that cannot be excluded under law (e.g., for death or personal injury due to EMBLEMATIC’s negligence, or fraudulent misrepresentation), EMBLEMATIC’s liability for indirect, consequential losses, or any loss of profit, revenue, contracts, data, goodwill, or similar losses arising from your use of the EMBLEMATIC Platform or Services is excluded.
6.2 Subject to 6.1, EMBLEMATIC’s total liability in contract, tort, misrepresentation, or otherwise, arising in connection with these Terms is limited to the total amount you paid for the Services in the 12 months preceding the claim.
7. BOOKING SERVICES & CUSTOM MESSAGES
7.1 Using the EMBLEMATIC Platform to request bookings or send messages to service providers will involve sharing your contact details with them in line with our Privacy Policy.
7.2 Any transactions for goods or services with service providers found through the EMBLEMATIC Platform are directly between you and the service provider. You are responsible for payments to the service provider or their payment processor. EMBLEMATIC is not liable for such transactions.
7.3 Verify all details and restrictions related to services or goods before making transactions and inform service providers of any relevant conditions.
7.4 Service availability and price accuracy on the EMBLEMATIC Platform are subject to change and should be confirmed with the service provider.
7.5 Direct any complaints regarding services to the service provider.
8. DATA PROTECTION
8.1 Handling of Client Data is governed by our Privacy Policy.
8.2 Despite clause 8.1, EMBLEMATIC retains ownership of all Client Data and may utilize it in accordance with our Privacy Policy, regardless of this Agreement’s termination. EMBLEMATIC grants you the right to use Client Data collected via your Business Website as necessary for you to provide your goods and services.
9. TERMINATION
9.1 Either party may terminate this Agreement with one month’s written notice to the other, under the conditions specified in clause 9.2.
9.2 Clause 9.1 applies when you have not purchased Services or when you have purchased Services but the Initial Term will have expired within one month of serving notice to terminate.
9.3 EMBLEMATIC reserves the right to discontinue Services immediately if, in its sole discretion, it determines you are acting contrary to its policies or the offerings on your Business Website are unsupported by EMBLEMATIC. Either party may terminate this Agreement with immediate effect if: (i) the other party significantly breaches the Agreement, or (ii) the other party ceases business operations or becomes subject to insolvency proceedings not dismissed within ninety days.
9.4 Upon Services cancellation or Agreement termination, all rights and licenses granted to you, including those to the Business Website and the Web Domain, will immediately cease.
9.5 Should you wish to transfer the registration of the Web Domain to yourself prior to termination, EMBLEMATIC requires payment of a transfer fee.
9.6 In cases where we manage your Third-Party Platforms as part of the Services, upon termination, we may, at our discretion, delete those accounts, transfer them to you, or leave them as is.
10. MISCELLANEOUS
10.1 EMBLEMATIC may amend these Terms occasionally. The most current version will always be posted on our website. Material changes will be communicated to you via email if you have an EMBLEMATIC account.
10.2 These Terms, along with the Service Agreement, constitute the entire Agreement regarding this subject matter, superseding any prior agreements. If there’s a conflict, the Service Agreement takes precedence.
10.3 For questions or concerns regarding these Terms or your Services, please contact EMBLEMATIC at support@emblematic.website or through the notice procedures in clause 10.7.
10.4 EMBLEMATIC is not liable for failures or delays in performance due to circumstances beyond its reasonable control, such as natural disasters, acts of war or terrorism, labour conditions, government actions, and internet disturbances.
10.5 The terms and conditions of this Agreement, including Service prices, are considered EMBLEMATIC’s confidential information, and you agree not to disclose this information to third parties.
10.6 This Agreement, or any rights or obligations under it, may not be transferred or assigned by you without EMBLEMATIC’s written consent. EMBLEMATIC may assign this Agreement or any of its rights or obligations to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.
10.7 Notices can be sent by email, post, or hand delivery and are deemed given when received. EMBLEMATIC’s address for notices is legal@emblematic.website and the Legal Department, Emblematic Digital, 66 Aspects Court, Slough SL1 2EZ, Berkshire, United Kingdom.
10.8 If any provisions of this Agreement are found unenforceable, they will be modified to reflect the parties’ intention as closely as possible in an enforceable manner, and the remaining provisions will remain in effect.
10.9 Failure by EMBLEMATIC to enforce any of its rights under these terms does not result in a waiver of those rights.
10.10 No terms are enforceable under the Contracts (Rights of Third Parties) Act by anyone not a party to this Agreement.
10.11 This Agreement is governed by the laws of the United Kingdom, without regard to its conflict of laws principles, and is subject to the exclusive jurisdiction of the courts located in Slough, Berkshire.
11. REFUND POLICY
11.1 You may request a refund within 30 calendar days from the Date of Purchase for any reason. The Date of Purchase is defined as the date you pay the Service Fee.
11.2 You must complete a questionnaire about your business for EMBLEMATIC to create your website. If the questionnaire is incomplete, you will not receive a digital presence but may still request a refund within the Refund Period, whether or not the questionnaire is completed and/or the digital presence is received.
11.3 After the Refund Period, you are ineligible for a refund, regardless of questionnaire completion or receipt of the digital presence. Failure to complete the questionnaire does not extend the Refund Period. Beyond the Refund Period, all sales are considered final and non-refundable.
11.4 You must complete the business questionnaire within 10 calendar days from the Date of Purchase to remain eligible for a refund. If the questionnaire is not completed within this timeframe, the Refund Period remains 30 calendar days from the Date of Purchase, but the available refund time will be reduced accordingly.
11.5 The website delivery schedule is based on a 1-page-per-working-day development rate:
- For small websites (up to 5 pages): The full website will be delivered within 5 working days from questionnaire completion.
- For larger websites (6+ pages): A minimum of 5 essential pages (e.g., Home, About, Services, Contact) will be delivered within the Refund Period (30 calendar days from purchase). The remaining pages will be completed at a rate of 1 page per working day according to a pre-agreed schedule.
11.6 Once the first phase of the website (at least 5 pages) is approved and goes live on the designated hosting and domain, the Refund Period ceases to apply, regardless of any prior extensions. Your approval takes precedence. The remaining pages will be developed within the agreed timeline, but this does not impact refund eligibility.
11.7 Subject to clause 1, if you have purchased Services from EMBLEMATIC, the refund includes the full amount paid minus the cost for a custom Web Domain, if selected. If no custom Web Domain is selected, the full service plan amount is refundable.
Last updated on 23 March 2023.