Terms
of Service
The terms and conditions governing your use of our services and website. Please read them carefully. By accessing or using our services, you agree to be bound by these terms.
These Terms of Service ("Terms") govern your use of the Bottoms Up website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
Acceptance of Terms
By creating an account, accessing our website, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Bottoms Up Ltd.
If you are using our services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
Description of Services
Bottoms Up provides website design, development, and digital marketing services specifically tailored for Pubs, Bars, and Restaurants. Our services include:
- Custom website design and development
- Online ordering and e-commerce solutions
- Search engine optimization (SEO)
- Social media marketing and management
- Domain registration and hosting services
- Technical support and maintenance
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to our customers.
Account Registration and Security
Registration Requirements
To access certain services, you must:
- Provide accurate, complete, and current information
- Maintain the security of your account credentials
- Have a valid purchase code for paid services
- This is a bespoke service hence we need to engage with you in advance of subscription
- Be at least 18 years old or have parental consent
- Comply with all applicable laws and regulations
Account Security
You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other security breach.
Purchase Codes and Payment Terms
Purchase Codes
Access to our premium services requires a valid purchase code that:
- Must be obtained through authorized channels
- Is non-transferable between different businesses
- May have usage limitations or expiration dates
- Must not be shared, resold, or distributed
Payment and Billing
For paid services:
- Payment is due in advance according to your chosen billing cycle
- All fees are non-refundable unless otherwise specified
- We reserve the right to change prices with 30 days' notice
- Late payments may result in service suspension
Minimum Commitment Periods
Each subscription tier requires a minimum commitment period before you can downgrade or cancel:
- Entry Tier: 1 month minimum commitment (1 successful payment required)
- Standard Tier: 3 months minimum commitment (3 successful payments required)
- Gold Tier: 6 months minimum commitment (6 successful payments required)
- Platinum Tier: 12 months minimum commitment (12 successful payments required)
Legally Binding Commitment: These minimum commitment periods constitute a contractually binding agreement. By subscribing to any tier, you are legally obligated to complete the minimum number of successful payments specified for that tier. You must take this commitment seriously as it forms part of your contract with Bottoms Up Ltd.
Important: You must complete the minimum number of successful payments for your chosen tier before you can downgrade to a lower tier or cancel your subscription. Upgrades to higher tiers are permitted at any time.
Experiencing Payment Difficulties?
We understand that businesses can face challenging times. If you're experiencing difficulties making payments, please contact us immediately at [email protected]. We're here to help you succeed and are committed to supporting the growth of the hospitality industry. Let's work together to find a solution that keeps your business thriving.
Acceptable Use Policy
You agree not to use our services to:
- Violate any applicable laws, regulations, or third-party rights
- Transmit harmful, offensive, or inappropriate content
- Interfere with or disrupt our services or servers
- Attempt to gain unauthorized access to our systems
- Use our services for spamming or unauthorized marketing
- Infringe on intellectual property rights
- Engage in fraudulent or deceptive practices
Note: Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.
Intellectual Property Rights
Our Rights
The Bottoms Up website, services, and all related content, features, and functionality are owned by Bottoms Up Ltd and are protected by copyright, trademark, and other intellectual property laws.
Your Content
You retain ownership of content you provide to us, but you grant us a license to use, modify, and display such content as necessary to provide our services. You represent that you have the right to grant this license.
Website Ownership
Websites we create for clients remain the property of bottomsup.digital. The monthly subscription fee covers design, hosting, maintenance, and support. Clients do not own the website but retain ownership of their content & media.
Service Availability and Support
Uptime and Availability
While we strive to maintain high availability, we do not guarantee uninterrupted access to our services. We may perform maintenance, updates, or experience outages that temporarily affect service availability.
Technical Support
Support is provided during business hours via our support channels. Response times may vary based on your service level and the complexity of your inquiry.
We are often available out of hours and will endeavour to respond as quickly as possible.
Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using our services, you consent to the collection and use of your information as described in our Privacy Policy. We comply with applicable data protection laws, including GDPR where applicable.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Our services are provided "as is" without warranties of any kind
- We shall not be liable for indirect, incidental, or consequential damages
- Our total liability shall not exceed the amount paid by you for our services
- We are not responsible for third-party services or external websites
Some jurisdictions do not allow the limitation of certain warranties or damages, so these limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Bottoms Up Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of our services or violation of these Terms.
Termination
Termination by You
You may request to terminate your account at any time by contacting us. However, you must fulfill your minimum commitment period before your subscription can be cancelled.
Minimum Commitment Requirements:
- Entry Tier: 1 successful monthly payment
- Standard Tier: 3 successful monthly payments
- Gold Tier: 6 successful monthly payments
- Platinum Tier: 12 successful monthly payments
You cannot cancel your subscription until you have completed the minimum number of payments for your tier. This is a legally binding contractual commitment.
Termination does not entitle you to a refund of any fees paid within the current subscription period or for previous months.
Upon termination, you will lose access to your website and any associated services. We may retain your data for a reasonable period to allow for account recovery or legal compliance.
Termination by Us
We may suspend or terminate your account immediately if you violate these Terms, fail to pay fees, or for any other reason at our sole discretion.
Effect of Termination
Upon termination, your right to use our services ceases immediately. We may delete your data after a reasonable period unless legally required to retain it.
Governing Law and Dispute Resolution
Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. As we provide digital solutions to customers across the United Kingdom, Europe, and the United States, the following provisions apply:
- UK Customers: Subject to the laws of England and Wales and the jurisdiction of English courts
- European Customers: Your statutory rights under applicable EU consumer protection laws and GDPR remain unaffected by these Terms
- US Customers: Where US federal or state law mandates different provisions, those provisions shall apply to the extent required by law
Dispute Resolution
We are committed to resolving disputes fairly and efficiently:
Step 1: Direct Communication
Before initiating any formal proceedings, we encourage you to contact us directly at [email protected] to resolve disputes amicably through negotiation.
Step 2: Mediation
If direct communication does not resolve the dispute, both parties agree to attempt resolution through mediation before pursuing litigation.
Step 3: Legal Proceedings
Any disputes that cannot be resolved through negotiation or mediation shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where your local consumer protection laws provide you with mandatory rights to bring proceedings in your local jurisdiction.
Consumer Rights
Nothing in these Terms affects your statutory rights as a consumer under applicable law. If you are a consumer in the European Union, you may also have the right to use the European Commission's Online Dispute Resolution platform.
Changes to These Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
- Posting the updated Terms on our website
- Updating the "Last updated" date
- Sending email notification for significant changes
Your continued use of our services after changes become effective constitutes acceptance of the updated Terms.
Severability and Entire Agreement
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bottoms Up regarding your use of our services.
Contact Information
If you have any questions about these Terms of Service, please contact us:
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Join the growing community of Pubs, Bars, Restaurants, and related businesses who trust Bottoms Up for their online presence.