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Terms of Trading

Terms & Conditions 

These terms and conditions are updated on a regular basis, please check back for the latest updates.

 

1. Definitions

These are the definitions that apply to this agreement:

“Client”  the company or individual who have engaged Tickety Boo Ink.

“Developer” or “Designer”  Tickety Boo Ink trading as Tickety Boo IT Ltd,  Registered Address: 6 Broadfield Court, Sheffield, S8 0XF.  Trading Address: Sadler Bridge Studios, Sadler Bridge, Derby, DE1 3NR, VAT registration number 143992879,  Company registration 8186183,  ICO number ZA151271

“Price” the price for the Service a part of the Service as set out in the developer's order of work.

“Service” all work in connection with the design, developing and writing of the project, until all the work has been completed by the developer.  This includes all ongoing work and within the providing of Orchestra and any other related services.

“Software” all or part of any software required to be written or used to complete the service and to enable the Client to use website marketing, websites or any product or service provided within the contract.

“Website” the Website of the Client, to be written under the terms of this contract.

“Website Host” a firm or company in the business of hosting Websites, with whom the Client shall have contracted to host the Website.

“Orchestra” is the brand name for software that is provided by Tickety Boo IT with a specific package.

"Campaign" is any work completed by the developer on behalf of a client to generate business, leads or website visitors. A campaign can be via the internet, emails, Google advertising or any other medium.

“CMS”  Content Managed System, a system whereby a user can change the content when needed.

“Order” The order is an outline of service to be provided by the developer to the client. This will be provided prior to any work being undertaken.

“Fair Use Policy”  means an average use for that particular service or product when compared to other developers users.  Or if the client has not provided correct estimates with regard to the nature of the service and the actual requirement is much greater than was requested.

Services delivered to the buyer under this and all other contracts between the designer and the client for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the designer and the client under which the goods and services were delivered.  Orchestra products and services is exempt from this clause as title always remains with the developer.

 

2. Services

By using or accessing the Services, you're agreeing to these Terms, our Privacy Policy, Cookies and our Fair Use Policy (collectively, this “Agreement”). If you're using the Services for an organisation, you're agreeing to this Agreement on behalf of that organisation, and represent and warrant that you can do so. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

2.1 Creating an Account

Make sure your account information is accurate, and you keep your account safe. You’re responsible for your account and any activity on it.

2.2 Signing Up. To use the Services, you must first create an account. You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.

2.3 Staying Safe. Please safeguard your Account and make sure others don't have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorised use of your Account or password. You're solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.

 

3. Your Content

When you upload content to Tickety Boo Ink, you still own it. You do, however, give us permission to use it in the ways necessary to provide our services. For example, when you upload a photo, you give us the right to save it, and also to display it on your site at your direction. We also may promote or feature your site, but you can opt out if you don’t want us to do that.

3.1. Your User Content Stays Yours. Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content"). Your User Content stays yours. These Terms don't give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.

3.2. Your Licence To Us. When you provide User Content via the Services, you grant Tickety Boo Ink a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.

3.3. Featuring Your Site. We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of Tickety Boo Ink marketing and promotional activities. For example, we may feature Your Sites on our Templates page, or on our social media accounts. This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites. If you don't want Your Sites featured, you can opt out at anytime via the Services or by contacting Support.

 

4. Your Responsibilities

You’re responsible for the content you publish on Tickety Boo Ink, and you vouch to us that it’s all okay to use. We also ask that you follow our rules, and don’t do anything illegal on here. And keep in mind that some of what you upload can be viewed publicly, so share responsibly. Finally, while you can do amazing things on Tickety Boo Ink, remember that we can’t give you legal advice about it.

4.1. Only Use Content You’re Allowed To Use. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others' intellectual property or other rights, so please don't copy, upload, download or share content unless you have the right to do so.

4.2. Follow Our Rules. You're responsible for your conduct and User Content, and you must comply with our Acceptable Use Policy. We may review your conduct and User Content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We’re not responsible for User Content.

4.3. Follow The Law. You represent that your use of the Services is not contrary to law of the  United Kingdom and or the country which you reside.

4.4. Share Responsibly. The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via the Services.

4.5. Your Sites And Your End Users Are Your Responsibility. You may use the Services to create or publish sites, online stores and other products or services. Your sites may have their own visitors and users (“End Users”). You understand and agree that Your Sites and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to Your Sites and your End Users, including without limitation the posting of your own privacy policy. We’re not liable for, and won’t provide you with any legal advice regarding, Your Sites or your End Users.

 

5. Our Intellectual Property

Tickety Boo Ink is protected by various intellectual property laws. This section summarises what we own and how we share.

5.1. Tickety Boo IT Owns Tickety Boo Ink. The Services are protected by copyright, trademark and other UK laws. These Terms don't grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.

5.2. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.

5.3. Our Demo Content Is For Private Use Only. We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials (“Demo Content”), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).

5.4. Our Betas Are Still In Beta. We may release products and features that we’re still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.

5.5. We Use Open Source Software. Open source software is important to us. Some of the software used in the Services may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms.

 

6. Our Rights

To operate effectively and protect the security and integrity of Tickety Boo Ink, we need to maintain control over what happens on our services.

6.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

6.2. How We Handle Ownership Disputes. Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as photo ID, a credit card invoice or a business license, to help determine the rightful owner.

6.3. HTTPS Encryption. We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorise us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.

 

7. Privacy

Our Privacy Policy explains how we handle your and your site visitors’ information. Be sure to read it carefully, as it’s part of our agreement. Our Privacy Policy explains how we collect, use and share your and your End Users’ information. By using the Services, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.

 

8. Copyright

We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy. We respect the intellectual property of others and ask that you do too.

We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.

 

9. Paid Services And Fees

Certain Tickety Boo Ink services are paid services. This section explains how we handle payments for those services. For certain paid services, such as domain registrations and site subscriptions, we’ll automatically bill you in regular intervals (such as monthly or annually) unless you disable auto-renewal or cancel your subscription. You can do that anytime.

9.1. Fees. You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time by contacting Support. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.

9.2. Taxes. VAT is included in any prices quoted. Currently this is charged at the rate of 20%. VAT receipts are available upon request by contacting Support.

9.3. Automatic Subscription Renewals. To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one month. We’ll automatically charge you the applicable amount using the payment method you have on file with us. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time by contacting Support

9.4. Refunds. While you may cancel any Paid Services at any time, you won't be issued a refund except at our sole discretion, or if legally required.

9.5. Fee Changes. We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via email and our blog. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.

9.6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Support before filing a Chargeback. We reserve our right to dispute any Chargeback.

9.7. Our Payment Processor. We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

9.8. Fees For Book Ordering. Books ordered/purchased via the Additional Services are subject to different refund policies. Once an order for a book or books has been made they are non-refundable. Books are customised items so are only produced on request so cannot be returned to stock.

 

10. eCommerce

We offer tools to help you conduct eCommerce activities on Tickety Boo Ink, such as selling your books and services. How you conduct your eCommerce activities is your responsibility, and we’re not liable for it. Also, be sure to follow our eCommerce rules, or we may terminate your account. Finally, if you’re using a third party to process payments for your eCommerce activities, remember that your relationship is with them, not us.  (Stripe payment services)

10.1. eCommerce Responsibilities. The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, “Your eCommerce”). We’re not a party to, and we aren’t liable for, Your eCommerce. You're solely responsible for Your eCommerce, and compliance with any laws or regulations related thereto, including without limitation the following:

10.1.1. Taxes. You're solely responsible for: (a) all Taxes and fees associated with Your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection therewith; (b) collecting, reporting and remitting required Taxes to relevant government authorities; and (c) informing your End Users of required Taxes, and providing them with invoices as required by law. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations.

10.1.2. Fulfillment And Delivery. You're solely responsible for fulfilling and delivering your products and services to your End Users.

10.1.3. Claims and Warranties. You're solely responsible for any claims or warranties you make in connection with Your eCommerce.

10.1.4. Customer Service. You're solely responsible for handling any comments or complaints related to Your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.

10.1.5. Site Terms, Policies And Legal Compliance. You agree to post and make clearly available on Your Sites a privacy policy, and any other terms or policies that may be required by law, and you warrant that Your Sites and Your eCommerce will comply with all applicable laws and regulations. You agree that we won’t provide any legal advice regarding such terms, policies or compliance. Be sure to read our Privacy Policy to learn more about disclosures to your End Users regarding your use of the Services.

10.2. eCommerce Restrictions. You may not offer or sell any products or services which, in our sole discretion: (a) may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, privacy or publicity rights, consumer protection, product safety or trade regulations, or export controls, regulations or sanctions.

10.3. eCommerce Suspensions. While we’d prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove your Account, Your Sites or Your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). For example, we may suspend Your eCommerce if you’re violating this Agreement.

10.4. eCommerce Payment Processors. To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third party payment processors (“eCommerce Payment Processors”). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors’ terms and policies. We don’t control and aren’t liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are Third Party Services, as defined in Section 4.1. While we will try to provide advance notice, you agree that we may, at any time and at our sole discretion, and without any notice to you, suspend, disable access to, or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with your eCommerce transactions.

 

11. Domains

This section explains how we provide our domain services. Note that your domain registrations are also subject to agreements with third parties, including ICANN and our third party registrar partners.

11.1. Reseller Services. We work with third party registrars to provide you with domain services. When you register a domain name, or renew or transfer an existing domain name, via the Services, you become bound by the relevant registrar’s terms and conditions, which are incorporated by reference into this Agreement.

11.2. ICANN. Your use of our domain services is subject to the policies, including without limitation the dispute resolution policies, of the Internet Corporation for Assigned Names and Numbers (“ICANN”). Your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement are summarised here. You can learn more about domain name registration in general here.

11.3. Transfers, Renewals And Refunds. You may not transfer a domain name for the first sixty 60 days following registration. For renewals, we’ll try to provide you notice at least thirty 30 days before your domain renewal date, but you agree that renewing your domain is solely your responsibility.

 

12. Term And Termination

Either of us can end this agreement at any time.

This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact Support or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you're violating these Terms or our Acceptable Use Policy. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.

 

13. Warranty Disclaimers

We work hard to make Tickety Boo Ink a great service, but the Services are provided as is, without warranties.

To the fullest extent permitted by law, Tickety Boo Ink makes no warranties, either express or implied, about the Services. The Services are provided “as is.” Tickety Boo Ink also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Tickety Boo Ink shall create any warranty. Tickety Boo Ink makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.

 

14. Limitation Of Liability

If something bad happens as a result of your using Tickety Boo Ink, our liability is capped.

To the fullest extent permitted by law, in no event will Tickety Boo Ink be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Tickety Boo Ink has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Tickety Boo Ink for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty pounds (£20) or the amounts paid by you to Tickety Boo Ink in the twelve (12) months immediately preceding the event that gave rise to such claim. Some places don't allow the types of limitations in this paragraph, so they may not apply to you.

 

15. Indemnification

If you do something that gets us sued, you’ll cover us.

To the fullest extent permitted by law, you agree to indemnify and hold harmless Tickety Boo Ink from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.

 

16. Dispute Resolution

Before filing a claim against Tickety Boo Ink, you agree to try to work it out informally with us first. All formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below. Claims can only be bought individually, and not as part of a class action.

 

17. Additional Terms

This Agreement is the whole agreement between us regarding your use of Tickety Boo Ink. If we ever change it in a way that meaningfully reduces your rights, we’ll give you notice and an opportunity to cancel. Also, if you’re reading this in a language other than English, note that the English language version controls.

17.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Tickety Boo Ink regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.

17.2. Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the United Kingdom.

17.3. Waiver, Severability And Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

17.4. Modifications. We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.





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