PageProud General Terms and Conditions
Think Design Limited
Suite 2, Ferralco Bldgs, Brewery Street, Mriehel BKR3000, Malta
Trading Licence Number: 14/2043
These terms of conduct and conditions of use (collectively referred to as the "Terms") including any instructions, guidelines or procedures referenced herein or notified to you from time to time shall apply to you (“User”) when accessing and using our Website (the "Website") and/or making use of the services (the “Services”) provided through the Website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY APPLY TO YOU AS A WRITTEN AGREEMENT.
This Website and the Services provided through this Website are, unless otherwise specified, operated by Think Solutions Limited hereinafter referred to as “Think” (or the “Company”, “us”, “we” or “our”).
Each User must comply with and adhere to these Terms in order to access and use the Website and the Services. By using and/or accessing this Website the User guarantees that he/she has valid and legal capacity and standing to contract and be bound by contract and therefore to agree to such terms.
If you are agreeing to these Terms on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms, in which case the terms "you", "your", "User" shall refer to such corporate entity. If, after your agreement to these Terms, it transpires that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms. Think shall not be liable for any loss or damage resulting from Think’s reliance on any instruction, notice, document or communication reasonably believed by Think to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Think reserves the right (but undertakes no duty) to require additional authentication from you.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS PLEASE REFRAIN FROM USING THIS WEBSITE AND/OR ANY CONTENT, SERVICES OR PRODUCTS ACCESSIBLE THROUGH THIS WEBSITE.
Term: Each User agrees to remain bound by these Terms (as amended from time to time) for as long as they remain a User of the Website and/or of the Services and as long as the User wishes to use the Website unless we otherwise before terminate, suspend or otherwise limit access to the Website and/or the Services in accordance with these terms or as we otherwise deem appropriate in our discretion in terms of law. This Agreement shall be deemed effective as from the date on which the User grants explicit confirmation of his/her consent of these terms and conditions.
Intellectual Property: All intellectual property in the Website and the Services offered in or accessible through the Website (provided in what so ever format, whether digitally or electronic and whether text, images, video, graphics, sound, music, melody, design, information, applications, source code, software, artwork design), including copyright, trade-marks, service-marks patents, rights in preparatory works, database rights and intellectual property in the latter are the property of Think Design Limited.? These Terms and Conditions do not and are not intended to create any ownership or intellectual property rights transfer or assignment in favour of the User. Use of such intellectual property by the User is subject to the terms of any license governing such use provided in virtue of this Agreement.
Temporary License to use Services: Subject to the creation and maintenance of a valid PageProud Account as well as the payment of the relative subscription fee, and limited for the duration for which the relative subscription fee is purchased, the User shall be granted a personal, non-exclusive, non-transferable and temporary license (the " License") to use the Services subject to the terms and qualifications of this Agreement. The license is non-transferable and any form of assignment is strictly prohibited.
The Services shall be used for the sole use of the User who shall not reproduce, duplicate, copy, sell or in any manner exploit the Services for the purpose of offering or providing website services to third parties or for the purpose of engaging in activities which are in competition with Think’s business.
PageProud Account
In order to access certain parts of the Website and to use the Services found at the Website, you will have to create an account (the “Account”). You represent and warrant to Think that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Think has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Think reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer login, password, and payment method(s). You must notify Think immediately of any breach of security or unauthorized use of your Account. Think will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Think or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person. As traffic on this Website is monitored, evidence of use of the username and password, if any, can be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same.
If you are visiting this Website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting and using this Website and communicating electronically with us, you consent to such transfers.
Subscription and Subscription Fees
All prices quoted are excluding Value Added Tax. VAT at 18% shall be charged where applicable.
Access to the Services shall be granted for such period (the “Subscription Period”) purchased by the User. Subscription Fees shall be paid in advance and shall relate to the Subscription Period so purchased. Subscriptions may be renewed for such periods as may be selected by the User. Seven (7) days prior to the expiry of the said Subscription Period, the User shall be reminded via email on the address provided during the Account sign-up process, or as otherwise updated by the User, of the expected expiry date. The User shall be granted a grace period of seven (7) days following the expiry of the Subscription Period and should the relative subscription not be renewed within the said seven (7) day period, the use of the Services shall be suspended and the webpage created by the User through the Services shall be temporarily put offline. Subscriptions renewed after the expiry of the Subscription Period shall be effective from the date actual payment of the renewal fees are effected.
Think reserves the right to change and modify any Subscription Fees payable by the User, and such changes shall become effective as from the next renewal immediately following notification of such changes to the User.
Any sales taxes or other similar fees associated with the Services purchased through the Website shall be the liability of the User and thus payable by the said User. The User agrees to indemnify and hold harmless and defend Think and/or its officers, employees, directors, its partners, or any associate party or parties from any claims relative to such taxes.
User’s Obligations:
The User agrees and undertakes
to provide and maintain at all times any and all information requested during the sign up process for the Account accuracy, up-to-date and complete throughout the whole period the User makes use of the Services.
to use the Website and the Services for the purpose for which they were intended and as permitted in these Terms and in accordance with all applicable local, state, national and international laws, rules and regulations.
not to impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
not to store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services or in any other way infringe the intellectual property rights of Think.
not to use the Services as a remote storage server, nor use the Services from file storage, nor link any files uploaded through the Services from an external source
not to access the Services through automated methods or through any technology or any other means than through the interface that is specifically provided for on the Website
not to upload individual files larger than the maximum size permitted by the Services
not to promote the webpage created by the User through the Services by means of unsolicited means of communication
not to commit any act or omission which may cause damage or disruption to or which in any way attack the security or integrity of the Website and/or the Services, including any act of hacking, sending of viruses, denial of service attacks or delivery of spam mail;
not to violate any third-party rights or commit or attempt to commit or promote or encourage any illegal activity via the Website and/or the Services
not to promote, encourage or engage in defamatory, harassing, abusive or otherwise objectionable behavior via the Website and/or the Services
to use the Services for decent, lawful and honest purposes
User Content and Monitoring: As part of the features of the Services, the User is allowed to post, publish, share, store, or manage content including information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("User Content").
By posting or publishing User Content through the Website and the Services, the User represents and warrants that (i) the User has all necessary rights to distribute User Content via the Website and/or via the Services found at this Site, either because the User is the author of the User Content and has the right to distribute the same, or because the User has the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User does not violate the rights of any third party.
Furthermore the User agrees and undertakes not to upload or publish through the Services any User Content, or link to any content which:
- is pornographic, sexually explicit, or otherwise obscene in nature
- Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
- is profane in nature or otherwise violates the religious sentiments of any third or violent,
- is slanderous, libelous or which cause any harm to third parties
- in any other way unlawful
The User acknowledges that Think does not pre-screen User Content. The User shall be entirely and solely responsible for the accuracy, legality, currency and compliance of all User Content uploaded, posted, published or otherwise transmitted via the Website and the Services and will be solely liable for false, misleading, inaccurate, infringing or other actionable User Content. However, Think reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms. Think may remove any item of User Content and/or terminate a User’s access to the Website/Services for posting or publishing any material in violation of these Terms, or for otherwise violating these Terms (as determined by Think in its sole and absolute discretion), at any time and without prior notice. Think may also terminate a User’s access to the Website and the Services if Think has reason to believe the User is a repeat offender.
Distance Selling Obligations: In accordance with the Distance Selling Regulations LN186/2011 enacted under the Consumer Affairs Act (Chapter 378 of the Laws of Malta) the User has a right to know the following details:
Company Name: Unless otherwise notified to the User, Think Solutions Limited having its company registration number C55653.
Permanent Address: Level 2 Suite 2, Ferraico Buildings, Brewery Street, Mriehel BKR3000, Malta
Description of main characteristics of the goods or services: online service providing tools to Users for the self-development and self-maintenance of their website and hosting of such website created. Price of Goods or Services including Taxes or charges due: Prices, Taxes and Charges, if any, are those as are indicated on the Website or as otherwise agreed with the User.
Delivery costs, if any: No Delivery costs shall be incurred. Payment, delivery and performance arrangements: Generally by credit or debit card payment. Use of a third-party payment gateway may be necessary and therefore the User may be subject to terms and conditions of the Payment Gateway.
Cancellation Rights, if applicable: In terms of the applicable Distance Selling Regulations the content, products and services provided on the Website are generally easily viewed and tested prior to purchase and due to their very nature, once purchased and downloaded cannot be returned and therefore no cancellation rights would apply.
The Cost of using distance communications: There are no costs which the User shall incur for communicating with us via the Website except for any indirect third-party costs which the User may normally have to pay to connect with the Internet or to communicate with us by means of a communications technology which normally incurs a charge.
The period for which an offer remains valid: An offer is valid until (i) the price advertised shall be changed or (ii) until the offer is terminated or (iii) as otherwise defined in the actual offer.
The duration of a contract: The term of this Agreement shall extend for the whole duration of validity of the PageProud Account, that is from when the said Account is created until it is terminated.
Domain Reservation: Domain names purchased via the Website are registered through a third party sponsoring registrar. The sponsoring registrar for all domain names registered through PageProud and Think is OpenSRS/Tucows. By accepting these Terms and Conditions you are also accepting in its entirety the terms and conditions outlined in the Registration Agreement [attached], which forms an integral part of these Terms and Conditions.
The User will appear as the Domain Name registrant ( “Registrant”) and therefore the legal owner of the Domain Name. The Registrant details will be set using the User’s Account information. The User acknowledges the Registrant Rights and Responsibilities outlined at the link http://www.icann.org/en/registrars/registrant-rights-responsibilitiesen.htm as the Registrant of the domain name.
The User may perform a WHOIS on domain names using http://www.internic.net/whois.html
The sponsoring registrar for all domain names registered through PageProud and Think is OpenSRS/Tucows.
The User may perform a WHOIS on domain names using http://www.internic.net/whois.html
Domain Names shall be registered on a first come first serve basis. Whilst every effort shall be made for the registration of the preferred domain name indicated by the User, no guarantees that any reserved domain name shall be available for use. Think does not accept responsibility nor does it make any warranty that the domain name(s) requested by the User will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the User incurred if the application for Registration is unsuccessful. Think will notify you of immediately upon successful registration of the Domain Name.
Upon successful registration of the Domain Name, Think will hold the User's Domain Name(s) for such period as it remains validly registered to the User (“Registration Period”) and any renewal period thereof, subject to such rules of the respective Naming Organisation as may be in force from time to time and which can be accessed through http://www.icann.org/en/help/dndr/udrp
Provided Think reserves the right to suspend or cancel any application for domain name registration or refuse to hold the User’s Domain Name(s) in the event that the User does not abide by any of its obligations set out in these Terms and Conditions and in the conditions set-out in the Registration Agreement.
Seven (7) days prior to the expiry of the Registration Period, the User shall be reminded via email on the address provided during the Account sign-up process, or as otherwise updated by the User, of the expected expiry date. User shall have the option to renew the said Registration Period via the User Account by paying the relative renewal fee. Domain names normally enter a grace period of 40 days after the Registration Period has expired. Expired domains may be renewed at the standard renewal rate or may be transferred to another registrar. Domains that are not renewed before 40 days from expiry may be sold, auctioned, deleted or purchased back by the User at increased rates.
Any Domain Name purchased through the Website, may, upon request of the User, be transferred to another registrar.
Provided any Domain Name registered through the Website or Think cannot be transferred away from Think until 60 days have elapsed from the registration period. The Domain Name cannot be locked or in hold status.
The User may request the Domain Name transfer AUTH CODE from Think by email or by requesting it from the User Account. On transfer to another registrar an additional year will be added to the registration period of the Domain Name. The additional year must be paid for through the gaining registrar. Domain names that are expired but not deleted can be transferred. Domain names normally enter a grace period of 40 days after the domain has expired. Expired domains will no longer display the User’s web page. Expired domains may be renewed at the standard renewal rate or may be transferred to another registrar. Domains that are not renewed before 40 days from expiry may be sold, auctioned, deleted or purchased back by the User at increased rates.
Should the Subscription Period expire whilst the Registration Period is still active then the webpage created by the User via the Website will no longer be displayed when accessing the said webpage through the Domain Name. The Registration Period may still be renewed through the User’s Account. Domain Name settings may not be changed and will need to be transferred away from Think in order to use the Domain Name with any other service or host. Should the Subscription Period not be renewed following its expiry, the webpage created by User via the Website may be deleted in terms of these Terms and Conditions.
Should the Registration Period expire and the Subscription Period is still active, then the webpage created by User via the Website will not be accessible using the Domain Name. The said webpage may however be accessed through the PageProud address provided.
The User acknowledges that any disputes arising out of the use of the Domain Name(s) will be resolved for .com, .net and .org domains in accordance with the UDRP which can be accessed through the link http://www.icann.org/udrp/udrp.htm which may impose restrictions on the termination or transfer of a domain name(s) with its current host during or pending the settlement of such a dispute. Think agrees to provide the User with any information necessary for any proceedings against the User.
Think does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the Domain Name(s) requested by the User and User shall release, indemnify and hold Think harmless from all liabilities, claims and expenses, including attorney's fees, of third parties arising out of or relating to the registration or use of the Domain Name registered in User’s name.
TheUser acknowledges and agrees that Think or its agents, assignees or licensees may, upon registration of the Domain Name(s), associate any data of any kind, in Think’s sole discretion, with the Domain Name(s) or any URL incorporating said Domain Name until User replaces such data with the webpage created via the Website. This paragraph shall apply to any and all webpages generated by Think, whether in connection with HTML standard response codes or otherwise, including but not limited to 404 error pages.
With every Domain Name purchased through the Website, the User shall be granted use of 1 email address.
Third-Party Providers: As a result of the nature of our business it may be necessary or essential for us to rely on third-party operators or service and content providers. In such instances, where such a third-party is identified then you may also be contracting directly with such third-party and your access to and use of the Services or any part thereof by or in conjunction with that third-party may be subject to additional terms and conditions. For the avoidance of doubt in using any such third-party product or service you shall continue to be bound by these Terms & Conditions to the extent that they are valid and enforceable.
Exclusion of Warranties and Liability: Each User accepts the Website and the Services "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.
In no event shall Think be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind, including loss of profits and loss of data arising out of or in connection with any User's access to, or use of the Website and/or the Services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if Think has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, Think’s aggregate total liability to any User for all such damages and losses shall be limited to subscription fees, if any, paid to Think by the User suffering loss during the twelve months preceding the event giving rise to liability. In any event, Think shall not be held liable for any breach of these Terms and conditions or for any loss, damages or claims resulting from any force majeure or event beyond its reasonable control.
Furthermore, Think relies on third party service providers to provide hosting services for the websites developed through the Services and consequently has no control over such hosting services. Think hereby expressly excludes any liability and provides no representations or warranties for any downtime, service interruptions and or periods of system unavailability that the User may experience in the User’s webpage created via the Website hosted on the said third party data centre facilities and infrastructure. Under no circumstances will Think bear any responsibility for any damages arising as a consequence of such unavailability.
Indemnity and Waiver: Each User agrees to indemnify and keep indemnified Think, their successors and assignees, and each of their respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims, disputes, proceedings and expenses (including costs and reasonable legal fees) resulting in any way from its unauthorised use of and from any infringing or unlawful material posted on the webpage developed through the Services or from any other matter relating to the User’s obligations assumed herein or otherwise arising from using the Website and/or the Services in breach of these Terms and Conditions.
Each User waives any right to bring any claim or action against Think for any loss, damage or injury arising from use of the Website and/or the Services or from these Terms.
Suspension/Termination: Upon the expiry of the Subscription Period purchased the use of the Services shall be suspended and the web page created by the User through the Services shall be temporarily put offline until the said subscription is renewed in which case the User shall be resumed in its use of the Services.
The User agrees that Think, in its sole discretion, may suspend and/or terminate the User’s Account or use of the Services, and remove and archive or discard any User Content for any reason (as determined by Think in its sole and absolute discretion), including, without limitation, to the following: (i) for lack of use, (ii) were User has violated or acted inconsistently with the letter or spirit of these Terms; (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement; (v) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vi) to avoid any civil or criminal liability on the part of Think, its officers, directors, employees and agents, as well as Think’s affiliates. Think may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.
The User agrees that any suspension and/or termination of access to the User’s Account or the Website and the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Think may immediately deactivate, archive or delete the Account and all related information and files relative to the said Account and/or bar any further access to such files or the Website and the Services.
Upon termination of the User Account for any reason, the web page created by the User through the Services shall be permanently switched off and any User Content stored on Think’s or any third party provider’s servers shall be removed and deleted.
Further, the User agrees that Think shall not be liable to the User or any third-party for any suspension and/or termination of the User’s access to the Website and the Services and/or deletion of the User Content. No refunds shall be paid to the User in relation to the suspension/termination of Accounts prior to the expiry of Subscription Period purchased.
The User may at its discretion close its Account with the Website and request that the website developed by the User through the Services be switched off. For avoidance of doubt, where the User terminates any Account prior to the expiry of the Subscription Period purchased, the User shall not be entitled to any refund relative to the unexpired Subscription Period.
Applicable Law: Each User agrees that these Terms and any dispute arising in any way in relation to the Website and/or the Services shall be governed by and construed in accordance with the applicable laws of Malta and by the Courts of Malta.
Miscellaneous: In the event that any provision in these Terms is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by the Maltese Law.
These Terms represent the entire agreement between User and Think relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Website and/or the Services.
Waiver or delay of any right hereunder shall not be a waiver of any other rights under these Terms.
Think reserves the right to stop, suspend, amend or otherwise alter these terms and conditions at any time during their validity. Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the User continuing to use of or access the Services in any way.
Think reserves all rights for changes and/or modifications to the Services and will communicate these changes to the subscriber within 30 days of their effect.
Any contract resulting from the purchase of a Website and/or Service from Think will be executed & concluded in English language.