AGREEMENT TO OUR LEGAL TERMS
We are MSA Web Design Birmingham (“Company”, “we”, “us”, or “our”), a company registered in the United Kingdom at 2 Alston Road, Birmingham, United Kingdom, B9 5UN.
We operate the website https://msawebdesignbirmingham.co.uk/ (the “Site”), as well as any other related products and services that refer or link to these legal terms (collectively, the “Services”).
We provide professional web design and SEO services in Birmingham, helping businesses build a stronger online presence and attract more customers. Our website design service creates modern, responsive and user-friendly websites designed around your business goals. We also provide SEO services including local SEO, on-page SEO, technical SEO and search engine optimisation to improve Google visibility.
You can contact us by phone at 07848177886, email at info@msawebdesignbirmingham.co.uk, or by mail to 2 Alston Road, Birmingham, United Kingdom, B9 5UN.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and MSA Web Design Birmingham, concerning your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right to make changes to these Legal Terms at any time. We will alert you to changes by updating the “Last updated” date. Continued use of the Services after changes are posted constitutes acceptance of those changes.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print or save a copy of these Legal Terms for your records.
OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. Persons who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws where applicable.
INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
Except for client deliverables covered under Section 6 (Website Ownership) below, we are the owner or licensee of all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on our Site (the “Content”), as well as our trademarks, service marks, and logos (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws and treaties around the world. The Content and Marks are provided “AS IS” for your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the Prohibited Activities section, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purpose.
Except as set out in this section, no part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, posted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Requests should be sent to info@msawebdesignbirmingham.co.uk.
We reserve all rights not expressly granted to you. Any breach of these Intellectual Property Rights will constitute a material breach of these Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Submissions: By directly sending us any question, comment, suggestion, idea, or feedback about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission, and that we may use and disseminate it for any lawful purpose without compensation to you.
You are responsible for what you submit: you confirm that your Submissions do not infringe any third party’s rights, are not illegal, harassing, defamatory, obscene, or misleading, and that you have full authority to grant us the rights described above.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorised purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.
PURCHASES AND PAYMENT
You agree to provide current, complete, and accurate purchase and account information, including payment method details, so that we can complete transactions and contact you as needed. All payments shall be in Great British Pounds (GBP).
You agree to pay all charges at the prices then in effect for services ordered, and you authorise us to charge your chosen payment method upon placing your order or at agreed project milestones. We reserve the right to correct any pricing errors, even after payment has been requested or received.
We reserve the right to refuse any order and to limit or prohibit orders that, in our sole judgement, appear fraudulent or improper.
REFUND POLICY AND CONSUMER CANCELLATION RIGHTS
If you are a business client, all sales are final and no refunds will be issued once work has commenced, except as otherwise agreed in writing.
If you are a consumer (acting for purposes outside your trade, business, or profession), you have a legal right to cancel your order within 14 days of the date the contract is formed, without giving any reason, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. To cancel, you must inform us clearly by phone or email using the contact details in Section 23 before the 14-day period ends.
We will not begin work on your project until this 14-day period has passed, unless you expressly request that we start sooner. If you ask us to begin work within the 14-day period and later cancel, you will be required to pay a reasonable amount for the work carried out up to the point you told us you wished to cancel. If the service is fully completed within the 14-day period and you expressly acknowledged, before we began, that you would lose your right to cancel once the service was fully performed, your right to cancel will no longer apply once completion occurs.
WEBSITE OWNERSHIP
Upon full and final payment for a website design project, ownership of the finished website, its design, and associated custom code created specifically for you is transferred to you, the client. Prior to full payment, all work-in-progress, designs, and code remain the property of MSA Web Design Birmingham.
This transfer of ownership does not extend to: (a) any third-party software, plugins, themes, stock images, or licensed assets used in the build, which remain subject to their own licence terms; or (b) our general business tools, frameworks, or reusable code libraries not created specifically for your project, which we retain the right to reuse in future work for other clients.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make them available. As a user of the Services, you agree not to systematically retrieve data from the Services to create a collection or database without our written permission, or to trick, defraud, or mislead us or other users, including attempts to obtain sensitive account information. You also agree not to circumvent, disable, or otherwise interfere with security-related features of the Services, and not to disparage, tarnish, or otherwise harm us and/or the Services.
You agree not to use information obtained from the Services to harass, abuse, or harm another person, and not to make improper use of our support services or submit false reports of abuse. You must not use the Services in a manner inconsistent with any applicable laws or regulations, and you agree not to engage in unauthorised framing of or linking to the Services.
You must not upload viruses, Trojan horses, or engage in spamming that interferes with the Services, and you agree not to use automated systems, scripts, bots, or scrapers to access the Services. You must not delete the copyright or proprietary rights notice from any Content, and you agree not to attempt to impersonate another user or person.
Finally, you agree not to interfere with or create an undue burden on the Services or connected networks, not to attempt to bypass any measures designed to prevent or restrict access to the Services, not to copy or adapt the Services’ software or reverse engineer any part of it, and not to use the Services to compete with us or for any unauthorised revenue-generating purposes.
CONTRIBUTION LICENCE
You and the Services agree that we may access, store, process, and use any information and personal data you provide, in accordance with our Privacy Policy. By submitting suggestions or feedback, you agree that we may use and share it for any purpose without compensation to you.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites or content not investigated, monitored, or checked for accuracy by us. We are not responsible for any third-party websites or content accessed through the Services. If you leave our Services to access third-party sites, you do so at your own risk and these Legal Terms no longer apply. Any purchases through third-party sites are solely between you and that third party.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict, or disable access to any content at our discretion; (4) remove content that is excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and property.
PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United Kingdom. If you access the Services from outside the UK, you consent to having your data transferred to and processed in the United Kingdom.
TERM AND TERMINATION
These Legal Terms remain in full effect while you use the Services. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason, including breach of any representation, warranty, or covenant contained in these Legal Terms.
If we terminate or suspend your account, you are prohibited from registering a new account under your name, a false name, or on behalf of a third party. We reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time without notice, and have no obligation to update information on the Services. We will not be liable for any modification, suspension, or discontinuance of the Services, or for any downtime or interruption.
GOVERNING LAW
These Legal Terms are governed by and interpreted in accordance with the laws of England and Wales, and the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you additionally retain the protection of mandatory provisions of the law of your country of residence. MSA Web Design Birmingham and you both agree to submit to the non-exclusive jurisdiction of the courts of the United Kingdom.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute related to these Legal Terms (a “Dispute”), the parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Informal negotiations commence upon written notice from one party to the other.
Binding Arbitration
If the parties are unable to resolve the Dispute through informal negotiation, the Dispute shall be finally resolved by arbitration in accordance with the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules in force at the time. The number of arbitrators shall be one (1). The seat of arbitration shall be Birmingham, United Kingdom. The language of proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of England and Wales
Restrictions
Any arbitration shall be limited to the Dispute between the parties individually. No arbitration shall be joined with any other proceeding, and there is no right to arbitrate any Dispute on a class-action basis or in a representative capacity on behalf of the general public.
Exceptions to Informal Negotiations and Arbitration
The following Disputes are not subject to the above provisions: (a) disputes seeking to enforce or protect intellectual property rights; (b) disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If any part of this provision is found unenforceable, that Dispute shall instead be decided by a court of competent jurisdiction as set out in Section 14.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct these and to update information at any time without prior notice.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT, AND WILL NOT BE LIABLE FOR ERRORS, INACCURACIES, PERSONAL INJURY, UNAUTHORISED ACCESS TO OUR SERVERS, INTERRUPTIONS, BUGS OR VIRUSES TRANSMITTED BY THIRD PARTIES, OR LOSSES ARISING FROM CONTENT MADE AVAILABLE VIA THE SERVICES.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES; IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party; or (5) any harmful act toward another user of the Services.
USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing performance, as well as data relating to your use of the Services. Although we perform routine backups, you are solely responsible for all data you transmit, and we shall have no liability for any loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and agree that electronic signatures, contracts, and records satisfy any legal requirement that such communications be in writing.
MISCELLANEOUS
These Legal Terms and any posted policies constitute the entire agreement between you and us. Our failure to enforce any right or provision shall not operate as a waiver. If any provision is found unlawful or unenforceable, that provision is severable and does not affect the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms
CONTACT US
MSA Web Design Birmingham
2 Alston Road
Birmingham, United Kingdom
B9 5UN, United Kingdom
Phone: 07848177886