Enigma Interactive Limited
SiteBuilder DIY Terms & Conditions


IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE ORDERING ANY SERVICES FROM THIS WEBSITE:

BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE TO THE TERMS AND CONDITIONS BELOW, WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, THEN YOU MUST DISCONTINUE THE PROCESS NOW BY CLICKING ON THE "CANCEL" BUTTON BELOW.

SiteBuilder is a web-product designed for business use only, and not for consumers or individuals under 18 years of age.

To help you know more about our company we have provided the following information:
  1. Our name and geographic address:

    Enigma Interactive Limited
    7-15 Pink Lane
    Newcastle upon Tyne
    Tyne & Wear
    NE1 5DW

  2. Our contact details:

    Telephone: 0191 261 2991
    e-mail: enquiry@SiteBuilderDIY.co.uk

  3. Details of any trade registers or other public registers of which we are a member including our registration number or equivalent means of identification in that register:

    We are a company registered in England and Wales under company registration number 03360519. The Companies House register can be found at http://www.companieshouse.gov.uk.

    We have notified the Information Commissioner of our use of personal data and are entered in the register of data controllers under no. Z7608769. The register of data controllers can be found at http://www.ico.gov.uk

  4. Details of our VAT identification number

    VAT registration number: 698000427

We do not subscribe to any codes of conduct.

To see a copy of our Privacy Policy please click HERE
To see a copy of our terms of use for the Site Builder Website please click HERE
To see a copy of our AUP please click HERE

  1. Definitions and Interpretation
    1.1.
    In the Contract, the following words shall have the following meanings:

    AUP means our Acceptable Use Policy which governs your use of the Site and the private areas of the SiteBuilder Website, which is available at http://www.sitebuilderdiy.co.uk and as may be varied in accordance with Condition 4.5;

    Additional Services means any additional services to enhance the functionality of the Site or otherwise facilitate its creation and use and which we will list on our Site Builder Website from time to time. These services may be provided to you by a third party, either directly to you or which we facilitate for you and the third party;

    Conditions means these standard terms and conditions of the supply of services and includes any special terms and conditions agreed between us by Electronic Communication;

    Contract means any contract between us for the supply of any Site and the Services;

    Electronic Communication includes fax, e-mail and comparable means of communication;

    Intellectual Property Rights means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off;

    Materials means the templates and software tools and legal and other documentation we license to customers to enable them to create a Site;

    Our Acceptance means an Electronic Communication from us accepting your order;

    Privacy Policy means our privacy policy which sets out how we collect, store and use your non-sensitive personal data, and is available at http://www.SiteBuilderDIY.co.uk;

    Services means the hosting of the Site and any Additional Services;

    Site means a website you create via our SiteBuilder Website using our Materials and your own User Content.

    SiteBuilder Website means our website at http://www.SiteBuilderDIY.co.uk or http://www.SiteBuilderBespoke.co.uk

    User Content means and content which you supply and incorporate into the Site.

    1.2.
    In the Contract, words in the singular include the plural and in the plural include the singular; references to “including” and “include(s)” mean respectively including without limitation and include(s) without limitation; references to “content” include any kind of text, information, image, or audio or video material which can be incorporated in a website for access by a visitor to that website; and writing or written includes faxes and email.

  2. The rights we give you

    2.1.
    You may create your Site without paying for it (and we grant you a non-exclusive 30 day licence of our Site Builder Website and Materials for this purpose, which is subject to these Conditions, our AUP and Privacy Policy), but you must pay for it and enter into a Contract with us before your Site is published.
    2.2.
    On making a Contract with you (see Condition 3 below) we shall grant to you a non-exclusive licence to use our Site Builder Website and our Materials and shall supply to you the Services you specify when you build your Site, all for the duration of the Contract.
    2.3.
    You may upgrade the specification of your Site or ask us to supply Additional Services at any time after the Contract, but you will have to pay us for upgrades and Additional Services.

  3. How you conclude a Contract with us

    3.1.
    The Contract between us will consist of (1) these Conditions including our Privacy Policy and AUP (2) your order and (3) Our Acceptance, and you should print out and retain copies of each of these.
    3.2.
    We will display certain variable information which you need to see before you place an order, such as current prices of the Site and the Services, as well as the range of Additional Services available, on our Site Builder Website.
    3.3.
    It is your responsibility to read the information on our Site Builder Website and to read these Conditions (including our AUP and Privacy Policy) carefully and raise any problems in relation to them with us before you place an order.
    3.4.
    You will also be responsible to us for completing the order form and giving us any other necessary information in sufficient time to enable us to fulfil your order and comply with these Conditions.
    3.5.
    When you have completed the order form, you will be shown a copy of your order. You may correct any errors and omissions on this order and re-submit it to us, and also download it or print it out. It is your responsibility to check the order carefully to identify any errors and to correct them prior to placing the order.
    3.6.
    You should receive an acknowledgement from Worldpay Limited, or such other payment processor as we may use from time to time, advising you whether or not your credit or debit card payment has been accepted. This acknowledgment relates to your payment only and not to our acceptance of your order.
    3.7.
    You agree you do not require us to acknowledge receipt of your order separately.
    3.8.
    You may not assume we have accepted your order until we send you Our Acceptance, which will also set out details of your order and provide you with a link to the current version of these Conditions including our AUP and Privacy Policy. Our Acceptance is conditional upon our payment processor accepting your payment. If your payment has been accepted, you should receive Our Acceptance without undue delay.
    3.9.
    You may only cancel an order that we have accepted in the circumstances set out in Condition 11 below.

  4. Other information about the Contract

    4.1.
    We will not file the concluded Contract between us in one place. However your order details will appear in the "Account Information" section of the Site Builder Website which you can access once you have logged in, and you will be copied into Our Acceptance of your order (see 3.8 above). These order details will be updated in the Account Information section (which is specific to each Site you create, and can be accessed when you are managing that Site) as and when you upgrade your Site or ask us to supply Additional Services. The current version of these Conditions, including our terms of use, AUP and Privacy Policy, will be available on our Site Builder Website.
    4.2.
    These Conditions shall take precedence over and exclude any other terms and conditions.
    4.3.
    You may not vary these Conditions unless we agree to do so in writing.
    4.4.
    We may correct any errors or omission in any part of our Site Builder Website or restore any part of our Site Builder Website which has been altered without your consent or in any printed documentation we issue to you without responsibility to you.
    4.5.
    We may update or change these Conditions from time to time. You should therefore take the opportunity to check through them every time you place an order with us through our Site Builder Website or ask us to upgrade the Services.
    4.6.
    We also reserve the right to make any changes in our Privacy Policy, our AUP and the specification of the Site Builder Website in the interests of good business practice and/or to conform with any applicable legal or regulatory requirements and/or, which do not materially affect the Site Builder Website's quality or performance.
    4.7.
    We can only conclude the Contract with you in English, and not in any other language.
    4.8.
    If you are a consumer then your statutory rights are not affected by these Conditions.

  5. Restrictions on the Site

    5.1.
    The specification for the Site shall be as created by you using our Materials and the Services shall be supplied with the restrictions set out in your accepted order.
    5.2.
    For technical reasons we do not permit you to incorporate certain file formats on your Site. We will inform you of the possible choices of files on the Site Builder Website.
    5.3.
    When you build the Site, you will be invited to download certain applets. It is your responsibility to ensure you comply with the terms of any licence to use the applets and to check them for viruses.
    5.4.
    Your use of the Site is subject to the terms of our AUP.

  6. Price of the Site and Additional Services and Payment

    6.1.
    The price of the Site including its hosting and any Additional Services will be calculated in pounds sterling, Euros or U.S. Dollars or such other currency as is taken by us at our discretion and will be shown to you on our Site Builder Website at the bottom of your accepted order form.
    6.2.
    The price on the order form will include Value Added Tax ("VAT") if applicable.
    6.3.
    Subject to our obligation to supply the Site and Services at the price stated in accepted orders we reserve the right to increase the list prices of a Site and Services at any time and to change the range of Additional Services available at any time. We will give you thirty (30) days notice of any increase.
    6.4.
    When you place an order you will be asked to pay by credit or debit card or such other method as we may offer from time to time.
    6.5.
    Subject to Condition 6.4 above you shall pay us in full for any amount due immediately when you submit your order to us, and on the due date for any instalments. Confirmation and a VAT invoice will be provided.
    6.6.
    If you fail to make any payment on the due date then, in addition to any other right or remedy available to us, we shall be entitled to:

     
    6.6.1.
    cancel the Contract or suspend the performance of any further Services; and
    6.6.2.
    take any payment made by you against such of the Services as we may think fit; and
    6.6.3.
    exercise our statutory right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and subsidiary legislation as amended from time to time together with compensation for debt recovery costs.

  7. Our responsibilities

    7.1.
    We will make every reasonable effort to ensure that Materials we license to you will be of satisfactory quality and that we exercise reasonable care and skill in relation to any Services we provide.
    7.2.
    If either:

     
    7.2.1.
    you discover a defect in the quality of the Materials or Services we have provided (in which case you must tell us as soon as possible after discovering it); or
    7.2.2.
    a third party claims that that our Materials or our Services infringe that third party's Intellectual Property Rights then in either case we shall be entitled to replace the Materials (or the part in question) or re-supply the Services free of charge or, at our discretion, refund to you the price of the Site (or a proportionate part of the price) or the Services, or give you an electronic voucher to same value, but we are not responsible to you in any other way. In particular, we shall not be responsible for any defects or Intellectual Property Rights claims arising from your customisation of the Site or other instructions.

    7.3.
    Our responsibility for hosting your Site (including data protection requirements) and for any Additional Services is set out in Condition 8 and 9 below.
    7.4.
    In the event that we incur any other liability to you, that liability will be limited in accordance with Condition 12.

  8. Hosting

    8.1.
    We shall host the Site on a server that we own or operate. You undertake to be solely responsible for compliance with the Contract or our AUP.
    8.2.
    You acknowledge that the hosting we provide is on an “as-is”, “as-available” basis and although we will use reasonable endeavours to maintain a 24 hour Internet presence for you and keep downtime to a minimum, we cannot control the timing or volume of attempts to access the server nor can we give any guarantee that you or any third party will have continuous and uninterrupted use and access to the Site.
    8.3.
    You acknowledge that we have the right but not the obligation to inspect the content of the Site to ascertain compliance with the Contract or any applicable laws, regulations, codes or Internet etiquette including our AUP.
    8.4.
    In the event of any breach or purported breach of Condition 8.6 below which results in the threat of (or actual) prosecution or litigation you agree we shall be entitled to disclose all information we hold about you and any information contained on the server hosting the Site to any law enforcement agency or other third party, when we consider it to be in our legitimate interests to do so.
    8.5.
    You acknowledge that we may be required by a law enforcement agency or other relevant authority to monitor the Site content and traffic (including email) and to supply the data we collect to that agency or authority without notification to you.
    8.6.
    You acknowledge that you (and not we) will be responsible for your own and your users’ non-compliance with all applicable laws and regulations, codes and Internet etiquette. You will be fully responsible for all loss, damages, costs and expenses awarded against or incurred by us which arise because of your own or your users’ non-compliance.

    Our liability

    8.7.
    If we are unable to provide or arrange hosting at all due to factors outside our control for a period of more than seven (7) days, our entire liability in respect of any failure to provide or arrange the hosting shall be limited to a pro-rata refund of any payment made for the Site and Services for the period in which hosting is unavailable. You shall not be entitled to a refund for minor outages only.
    8.8.
    In the event that we incur any other liability to you, that liability will be limited in accordance with Condition 12.

  9. Additional Services

    This Condition shall only apply if you have ordered one or more Additional Services such as the e-shop facility, registration of domain names, email accounts or email forwarding or provision of site statistics.

    Domain Name Services

    This Condition shall only apply if you have ordered domain name services.
    9.1.
    You will be responsible for the compliance with any terms and conditions imposed by the relevant domain name registrar and the relevant naming authority in respect of each domain name. Copies of the registrar and naming authority terms and conditions will be supplied on request.
    9.2.
    The renewal of your domain name is your responsibility and you must undertake renewals promptly and in good time prior to the expiry of the domain name.

    Other Services

    Condition 9.3 shall apply to Additional Services we provide to you ourselves, Condition 9.4 shall apply to Additional Services we ask third parties to provide to you.

    9.3.
    If we are willing to provide any Additional Services to you direct, we shall display on the Site Builder Website:

     
    9.3.1.
    a description of the Additional Service;
    9.3.2.
    a clear indication of the price, including any tax and delivery charges and invite you to contact us by telephone or email to give you any further information or to discuss your requirements.

    9.4.
    You acknowledge that you will be fully responsible for compliance with any terms and conditions imposed by the third party provider and for all loss, damages, costs and expenses awarded against or incurred by us which arise because of your own or your users' non-compliance. We will supply you with copies of third party terms and conditions on request.

    Conditions 9.5 and 9.6 apply to provision of any Additional Service:

    9.5.
    We reserve the right to refuse to act on any particular instruction from you which we believe to be unlawful or unethical or which we consider may infringe third party rights or is offensive, contrary to the public interest or otherwise unacceptable to us in our absolute discretion, and in this event, you shall only be entitled to a refund of any charges actually paid by you to us in relation to your instruction.
    9.6.
    If we incur any other liability to you such liability will be limited in accordance with Condition 12.

  10. E-Shop Facility

    Conditions 10.1 to 10.2 apply if you use the SiteBuilder “E-Shop” facility to create and manage an online shop on your Site.

    10.1.
    We do not provide you with a secure payment account directly. If you wish to take online payments from your users you will need to open an account with our preferred secure payment provider (currently WorldPay). Your contract will be with the secure payment provider and not with us, and you will be fully responsible for compliance with any terms and conditions imposed by the secure payment provider and for all loss, damages, costs and expenses awarded against us or incurred by us which arise because of your own or your users' non-compliance.
    10.2.
    You will be solely responsible for ensuring that your Site complies with all laws and regulations applicable to the sale of goods or services over the Internet including (but not limited to) the Electronic Commerce (EC Directive) Regulations 2002, the Consumer Protection (Distance Selling) Regulations 2000 and the Consumer Protection from Unfair Trading Regulations 2008. You will be fully responsible for all loss, damages, costs and expenses awarded against us or incurred by us which arise because of your non-compliance.
    10.3.
    You acknowledge that our liability to you in connection with your use E-Shop facility shall be limited in accordance with Condition 12.

  11. Intellectual Property Rights and User Content

    11.1.
    Unless otherwise agreed in writing between us, all Intellectual Property Rights in the Materials or in any other content or materials developed or supplied by us (excluding the User Content) shall be our property (or where appropriate our licensors), and we hereby grant you a non-exclusive licence of those Intellectual Property Rights for the purpose of operating the Site only.
    11.2.
    We shall indemnify you against all damages, losses and expenses arising as a result of any action or claim that the Materials infringe any Intellectual Property Rights of a third party in the UK, other than infringements referred to in Condition 11.5.
    11.3.
    The indemnity in Condition 11.2 is subject to the following conditions:

     
    11.3.1.
    you promptly notify us in writing of the claim;
    11.3.2.
    you make no admissions or settlement without our prior written consent;
    11.3.3.
    you give us all information and assistance that we may reasonably require; and
    11.3.4.
    you allow us complete control over the litigation and settlement of any action or claim.

    11.4.
    You shall ensure that the User Content does not infringe any third party Intellectual Property Rights, and you shall conduct appropriate clearance searches prior to adding any User Content to the Site.
    11.5.
    You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that the User Content infringes the Intellectual Property Rights of a third party.
    11.6.
    You shall ensure that the User Content does not infringe any applicable laws, regulations or third party rights (including material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous) (“Inappropriate Content”).
    11.7.
    You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that the User Content constitutes Inappropriate Content.

  12. Exclusions and Limitations

    12.1.
    We shall be responsible for death or personal injury caused by our negligence, and for any fraudulent misrepresentation we make to you.
    12.2.
    Subject to Condition 12.1 and to the remedies available to you listed in Condition 12.6 we exclude all liability whether arising in contract, tort or otherwise and whether or not due to our negligence which we may otherwise have to you as a result of:

     
    12.2.1.
    any technical, factual, textual or other typographical inaccuracies, errors or omissions relating to or any information on the Site Builder Website;
    12.2.2.
    the unavailability of the Site Builder Website (or any part of it);
    12.2.3.
    any delay in providing or failing to provide or make available the Site or to supply the Services;
    12.2.4.
    any other circumstances.

    12.3.
    We shall not be responsible for your loss of profits, business or income, loss of data, damages for loss of or damage to property, whether that loss:

     
    12.3.1.
    arises naturally from any breach of the Contract by us; or
    12.3.2.
    was reasonably anticipated or contemplated by both of us when we entered into this Contract; or
    12.3.3.
    is one which you specifically informed us was a likely consequence of a breach by us prior to that breach.

    12.4.
    We shall not be responsible to you for delay in performing, or any failure to perform, any of our obligations if the delay or failure was due to any cause beyond our reasonable control including war, acts of terrorism, strikes or other industrial actions or trade disputes (whether involving those who work for us or for a third party), technical failures or malicious attacks relating to the Internet.
    12.5.
    Subject to Condition 12.1 our maximum liability to you in respect of your use of any Site, including any remedy we provide to you as listed in Condition 12.6, will be the lesser of:

     
    12.5.1.
    the total actual payment by you (including VAT) for the Site and any additional Services over the preceding 12 month period; or
    12.5.2.
    Five hundred pounds (£500).

    12.6.
    None of the above exclusions shall affect your statutory rights which are not capable of being excluded. However in such case your remedy, where permitted by law, will be limited to that set out in Conditions 7.2 (replace defective or infringing Materials and re-supply defective or infringing Services) 8.7 (refund hosting charges) and 9.5 (refund payment made for any Additional Services which we do not provide).
    12.7.
    Each of the above exclusions and limitations shall be construed as a separate, and severable, provision of these Conditions.

  13. Rights to cancel the order and the Contract

    13.1.
    If you order a Site or Services which are unavailable, we shall not provide a substitute website or substitute services but shall inform you of the unavailability and cancel your order and refund your payment for the unavailable Site and Services.
    13.2.
    If you are a consumer, that is you are not intending to use the Site or any Additional Services in the course of a business, trade or profession, then you may have the right to withdraw from the Contract without penalty and without the need to give us any reason. If at any time within seven (7) working days following the day we send you Our Acceptance, you decide that you would like to cancel that order, then you will have the right to do so by informing us in writing or by Electronic Communication. We must receive your notice cancelling your order within that seven (7) working day period. If you do cancel your order, we will repay any amounts paid to us in respect of that order within thirty (30) days and you must not use the Site or any Services provided under the cancelled order.
    13.3.
    Whether or not you are a consumer, you may have the right to rescind any Contract if we have not made available to you the appropriate, effective and accessible technical means of allowing you to identify and correct input errors prior to the placing of the order, unless a court orders otherwise in our favour. In these Conditions, that information is set out at Condition 3.5 and on your order form.
    13.4.
    Either of us may terminate the Contract on giving thirty (30) days' notice to the other. The minimum duration of the Contract is therefore thirty (30) days.
    13.5.
    We may suspend your use of the Site and/or terminate the Contract immediately if you breach our Acceptable Use Policy, these Conditions, any applicable law or regulation, code or Internet etiquette.

  14. General

    14.1.
    We may perform any of our obligations or exercise any of our rights ourselves or through any third party provider.
    14.2.
    Neither of us shall be considered to be in breach of this Contact, or otherwise be liable to the other, by reason of any delay in performance, or non-performance, of any of our respective obligations under this Contract to the extent that the delay or non-performance is due to any event beyond our control.
    14.3.
    Any notice required or permitted to be given under these Conditions shall be by Electronic Communication, in our case addressed to us at the address on our Site Builder Website and to you at your email address on your order form. The exception to this is if you issue legal proceedings against us, which must be served on us by first class post. In the unlikely event we should need to serve legal proceedings on you, we will do so by first class post if we have a postal address for you, and otherwise by Electronic Communication if we only have an email address for you.
    14.4.
    We shall be free to assign or transfer any of our rights or obligations under the Contract without your consent. You may not assign or transfer any of your rights or obligations under this Contract without our prior written consent.
    14.5.
    If we choose to ignore a breach by you of these Conditions on one occasion, we may still take issue with you if you breach the same or any other Condition after that.
    14.6.
    If any condition (or part of a condition) of this Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other conditions shall remain in force. If any invalid, unenforceable or illegal condition would be valid, enforceable or legal if some part of it were deleted, the condition shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
    14.7.
    A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to the benefit of any of these Conditions, unless we agree otherwise in writing.
    14.8.
    The laws of England shall govern the Contract, and you agree to submit to the non-exclusive jurisdiction of the English courts.