Terms and Conditions
- Terms and conditions of use
- Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
- Copyright notice
2.1 Copyright (c) 2023 RST Developments.Ltd .
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website; and
(d) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website, save to the extent expressly permitted by these terms and conditions.
3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- RSS feed
4.1 You may access our RSS feed using an RSS reader or aggregator.
4.2 By accessing our RSS feed, you accept these terms and conditions.
4.3 Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our RSS feed in unmodified form on any non-commercial website owned and operated by you, providing that you must not aggregate our RSS feed with any other feed when displaying it in accordance with this Section 4.3.
4.4 It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).
4.5 We may revoke any licence set out in this Section 4 at any time, with or without notice or explanation.
- Downloadable content
5.1 We may from time to time make available on the website downloadable content (such as newsletters, brochures, white papers and technical specifications). If you are opting into a free lead magnet to download then you will receive a link by email and a series of helpful emails with tips on website & SEO. If you want to opt-out of any of these there is an unsubscribe link at the bottom of each email.
5.2 In addition to the rights granted under Section 3.1 above, you may redistribute print and electronic copies of downloadable content within your business, organisation, company or group of companies, providing that copies of downloadable content must not be edited or amended in any way and must retain:
(a) the name of our company;
(b) any disclaimers, copyright notices and other legal notices; and
(c) any authorial credits.
- Acceptable use
6.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; or
(e) violate the directives set out in the robots.txt file for our website.
6.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
6.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- Testimonials
7.1 Section 7 governs all testimonials relating to our business that you send to us, whether through our website, by email or otherwise.
7.2 Testimonials must comply with the provisions relating to user content set out in Section 9, but the licensing of testimonials shall be governed by this Section 7, and Section 8 shall not apply to testimonials.
7.3 You grant to us an exclusive, worldwide, royalty-free licence to:
(a) edit your testimonials, providing that such editing shall not materially distort the meaning of any testimonial;
(b) publish your testimonials on our website and in such other print and electronic media as we may determine from time to time; and
(c) publish, together with each testimonial, the name and logo of the business and the name and job title of the person giving the testimonial.
7.4 You grant to us the right to sub-license the rights licensed under Section 7.3.
7.5 You grant to us the right to bring an action for infringement of the rights licensed in Section 7.3.
- Your content: licence
8.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
- Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
- Report abuse
10.1 If you learn of any unlawful material or activity on our website or any material or activity that breaches these terms and conditions, please let us know.
10.2 You can let us know about any such material or activity by email to info@rstdevelopments.co.uk.
- Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
- Third-party websites
14.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
14.2 We have no control over third party websites and their contents, and subject to Section 12.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Variation
15.1 We may revise these terms and conditions from time to time.
15.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
15.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
- Assignment
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- Severability
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third-party rights
18.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
19.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
- Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with English law.
20.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
- Our details
21.1 This website is owned and operated by RST Developments Ltd trading as Build Your Business Online
21.2 We are registered in England and Wales under registration number 5792385 and our registered office is at 20-22 Wedlock Road · London, N1 7GU · the United Kingdom.
21.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone +44 (0)1271 815128
(d) by email, using support@bybodigital.com
The Website Accelerator Program
Website Deliverables:
The Website Accelerator Program lasts for 90 days
Your website can be live in just 45 days from research to launch. Then 45 to start driving traffic with our Traffic Accelerator course which you will have access to.
You’ll start your design journey with a kick-off call and onboarding process
You then choose a Mobile-Responsive template from our collection which will be the best fit for your overall website structure.
Then we’ll design your custom home page with our signature ‘live build’ process that puts you in the driving set. Instant feedback. No endless rounds of revisions and missed deadlines.
We will build the pages you require up to 20 ready for you to add content (text, video, images and products) too.
You need to send your logo, colour palette, and Social media URLs during onboarding. The website will be fully operational at handover, and it is then your responsibility.
You will be responsible for all content text and imagery.
Website Maintenance
We will host and manage your website and emails for 3 months from the time of your purchase. We will update WordPress, Divi, and plugins, and scan for malware monthly. You will also get email ticket support included throughout the first 3 months and be invited to our monthly live Q&A calls.
After that, it will be a $149 monthly subscription paid upfront for each month. Failure to pay will result in your website and emails being suspended after 14 days.
- Updating WordPress, Divi, and plugins
- Run a monthly Speed Test
- Optimise for Google inside Google Webmaster
- Backing up internally and externally from the hosting server
- Daily malware scanning to make sure no malicious files get injected.
- I also offer priority email support in this package.
- To also include your Divi license.
- Free access to monthly coaching calls with Kathy
If you want to host your own website and emails plus manage your website and do all the updates plus no support or access to the group calls then we can transfer your website over to your own hosting for a fee of $197 plus you will need to purchase the DIVI theme license yourself as we only supply the license to clients we host.
IMPORTANT NOTE:
This is NOT a bespoke web design service. The aim of this program is to provide you with a professionally designed website so that you have the ability to make changes yourself.
(Naturally, due to your brand styling, colours and fonts chosen – the site will look very different from the demo site) but the fundamental elements displayed on the demo site and it is these elements that you will receive.
SEO will be covered in the Website Accelerator Program
Refund policy:
We offer a 7-day guarantee which means that you have 7 days to try it out and start creating your content if you are not 100% satisfied with the programme, if you can honestly say that this programme is not adding any value to your business, then simply contact our customer service support and we will issue you a prompt and courteous refund
What is NOT included:
Alternative Website Themes – the WordPress theme in which we produce your site is ‘Divi’ and our custom templates are Divi child themes.
Theme selection outside of these options is NOT included.
Once the completed site has been handed over, the site is yours to do as you wish. You will own the copyright.
We do not retain control of your site or theme choice, and you can change your site to a different theme in the future.
Copyright, Licensing: Fonts, imagery, textures, plugins, or any other assets, unless otherwise stated. We do endeavour to use free fonts, imagery, and symbols where possible.
Divi Theme:
As you become a client as part of your handover, the Divi framework will be in place alongside the Divi builder. This enables you to use the website we have created for you without the need to purchase any additional licenses if you want to obtain your own license in the future so you can access the free help desk click here.
RST Developments Ltd does not take any responsibility for your website once it has been handed over.