These Terms and Conditions (“Terms of Service”) cover your use of and access to the our websites, products, applications, tools and features (collectively, the “Services”) provided by Convertaroo.
By using or accessing the Services, you’re agreeing to these Terms and Conditions. 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.
I know it may seem boring, but we ask you to please read this Agreement carefully! It includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, and other important things you may need to know.
We’ve tried to make this Agreement fair and straightforward, but feel free to contact us if you have any questions or suggestions.
Signing up to a Convertaroo service
When signing up to a Convertaroo service, you agree to the following terms and conditions:
- Fully comply with all applicable laws and any other contractual terms which govern your use of the Convertaroo Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations.
- Be solely responsible and liable with respect to any of the uses of the Convertaroo Services which occur under your Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Convertaroo Services).
- Receive – from time to time – promotional messages and materials from Convertaroo, by e-mail or any other contact form you may provide us with. If you wish not to receive such promotional materials or notices – please just notify us at any time and we will remove you from receiving any promotional messages and materials from us.
- Allow Convertaroo to use in perpetuity, worldwide and free of charge, any version of your service provided by us (or any part thereof) for any of Convertaroo’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Convertaroo or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses.
- Convertaroo’s sole discretion as to the means, manner, and method for performing the Convertaroo Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
- Convertaroo shall have the right to offer the Convertaroo Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Convertaroo Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
- Convertaroo reserves the right to change subscription prices at any time without further notice.
Convertaroo GoLive (Pay Monthly Website Service)
When signing up to Convertaroo GoLive (Pay Monthly Website service), you agree and undertake not to:
- Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Convertaroo Salient theme on your Website, the Convertaroo Services (or any part thereof), any Content offered by Convertaroo or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Convertaroo’s prior written and specific consent and/or as expressly permitted under the Convertaroo Terms.
- Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Convertaroo or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval.
- Use any illegal action to collect login data and/or passwords for other websites, third parties, software or services.
- Phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable.
- Upload, insert, collect or otherwise make available within your Website (or any part thereof), any malicious, unlawful, defamatory or obscene Content, while using Convertaroo services or Convertaroo material.
- Publish and/or make any use of the Convertaroo Services or Licensed Content on any website, media, network or system other than those provided by Convertaroo, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Convertaroo Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Convertaroo, in advance and in writing.
- Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Convertaroo Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Convertaroo Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Convertaroo Services.
- Act in a manner which might be perceived as damaging to Convertaroo’s reputation and goodwill or which may bring Convertaroo into disrepute or harm.
- Impersonate any person or entity or provide false information on the Convertaroo Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Convertaroo and/or any End Users.
- Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Convertaroo Services, User Platform, the account of another User(s), or any other systems or networks connected to the Convertaroo Services, by hacking, password mining, or other illegitimate or prohibited means.
- Use any of the Convertaroo Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.
- Sell, license, or exploit for any commercial purposes any use of, or access, to the Licensed Content and/or Convertaroo Services, except as expressly permitted by the Convertaroo Terms.
- Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Convertaroo Services and/or Licensed Content.
- Violate, attempt to violate, or otherwise fail to comply with any of the Convertaroo Terms or any laws or requirements applicable to your use of the Convertaroo Services.
- You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
Subscription Pricing and Payment
Automatic Subscription Payments.
To ensure uninterrupted service, we’ll automatically bill you for your pay-monthly website from the date you submit your initial agreed monthly payment and on each monthly period afterwards until cancellation. Our go live pay monthly websites are on a monthly subscription plan, each billable renewal period will be for one (1) month.
We’ll automatically charge you the applicable amount using the payment method we have on file and by agreeing to this Agreement, you authorise us to do this.
Convertaroo prides itself on offering all of our services without any contract length.
We do, however, have the option to freeze your website subscription. In this case, you will be charged a minimum fee of £20/$25 for each month of your freeze period. During your website package freeze-period, your website will be altered to an “Under Construction” landing page until your account subscription is restarted. Your remaining membership will be restarted once the freeze out has been completed. We offer a freeze-out period for a maximum 90 days or 3 calendar months. If you would like to find out more about this, please contact us: firstname.lastname@example.org.
Once we begin creating your website design, we provide you with a 14-day cool-off period, allowing you to cancel your subscription. If you do choose to cancel within the first 14 days, you will be charged a 1 month subscription at the rate agreed during the signup process.
If you choose to cancel after 14 day cool-off period, we require 30 days notice in writing to email@example.com stating your wish to cancel your subscription to our service.
Once your request has been received and processed, your cancellation shall be executed 1 calendar month from the date of sending our cancellation confirmation email. If your next payment falls within that time frame, you will be charged your standard membership fee.
Cancellation by Convertaroo
Failure to comply with any of the Convertaroo Terms and/or to pay any due Fee shall entitle Convertaroo to suspend (until full payment is made) or cancel your website theme and design (or certain features thereof), as well as the provision of any related Convertaroo Services (e.g., Paid Services) or Third Party Services to you.
Effect of Termination.
Upon the termination of your Agreement, you – the Customer – shall immediately (i) cease use of the Services (including use of website theme design), (ii) pay any outstanding amounts due to Convertaroo.
If you have a website with Convertaroo, cancellation of subscription will include removal of theme, hosting and design content from your website domain. You will not be permitted to continue using any material, tools or designs created within your website package. We will then transfer your website domain to your business, which you can then use freely.
We will keep your website files on our database for a maximum period of 60 days, however, after this period your files will be removed from our database.
Ownership of a Website Product.
Any works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Website Product”) developed in whole or in part by Convertaroo in connection with the Pay Monthly Website Service (Convertaroo GoLive) will be the exclusive property of Convertaroo. This includes, website theme, designed content, layout, hosting, plugins, security software, SSL certificates. The Customer agrees that any text, graphics or material copied from Convertaroo by the Customer onto a new website, or URL (domain) which doesn’t feature in their Convertaroo pay monthly subscription, will result in a minimum charge of £299/$370 per month per website, until the content is removed. Notwithstanding the foregoing, nothing herein shall preclude Convertaroo from asserting any rights to which it is entitled to assert under common law or in equity.
Website Content Release to You (The agreement party)
After 12 months paid subscription, you have the option for Convertaroo to release your pay-monthly website and all it’s content (including design, theme, plugins, tools and domain name) for a one-off invoiced payment of £849/$1,120. This cost is fixed. We require full payment before the release or use of any content. For subscriptions of less than a 12-month period do not have the option to purchase website and content release, unless stated by Convertaroo.
Loss of content
If your Account or any Convertaroo Services or Third Party Services related to your Account are cancelled (whether at your request or at Convertaroo’s discretion), it may cause or result in the loss of certain content, features, or data, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Convertaroo shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Convertaroo Services following their cancellation, as determined by Convertaroo in its sole discretion.
If you provide us with images for your purchased service, it’s your responsibility to ensure you have full copyright access to these images. You will be liable for any legal action that may occur from using copyrighted content in your website or any other service purchased through Convertaroo.
You agree that Convertaroo, including but not limited to Convertaroo Products and services, graphics, user interface, audio clips, video clips, and templates used to implement Convertaroo Services, contains proprietary information and material that is owned by Convertaroo and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Convertaroo Services in compliance with this Agreement. No portion of the Convertaroo Services may be reproduced in any form or by any means, without expressed written permission from Convertaroo. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Convertaroo Services in any manner, and you shall not exploit the Convertaroo brand in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Convertaroo, the Convertaroo logo, other Convertaroo trademarks, service marks, graphics, and logos used in connection with Convertaroo are trademarks or registered trademarks of Convertaroo in the U.K., U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Convertaroo Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Relationship between Convertaroo and Your business
The Convertaroo Terms, and your use of the Convertaroo Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Convertaroo and you.
The use of certain Convertaroo services may be subject to payment of particular fees, as determined by Convertaroo in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Convertaroo will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Convertaroo reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Convertaroo shall have the right to automatically and without notice renew your subscription to such Convertaroo Service(s) at the full applicable Fee.
All Fees shall be deemed to be in Great British Pound Sterling, except as specifically stated otherwise in writing by Convertaroo. To the extent permitted by law (and unless specified otherwise by Convertaroo in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Convertaroo Services, or to any payments or purchases made by you.
If Convertaroo is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction.
We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Convertaroo is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorise Convertaroo (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from your payment provider or your designated banking account, and to make any inquiries Convertaroo or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
Rather than bombard you with emails, invoices will be raised per monthly and stored on our accounts system. These will then be provided to you upon request. If you’d like a copy of your invoices you can contact our support team: firstname.lastname@example.org
In order to ensure that you do not experience any interruption or loss of services, our Convertaroo services includes an automatic renewal option by default, according to which, unless you contact us to turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription. This auto-renewal will run on a monthly rolling basis.
If you have any questions on our service or the terms and conditions, you can contact us: email@example.com