The Terms and Conditions below govern the use of the Create family of websites (the Site) operated by Create Internet Limited (the Company). Please read these terms and conditions carefully before ordering any services from our site.
Throughout these Terms and Conditions where we refer to 'user', 'you' or 'your' we mean each registered subscriber to the service. Where we refer to 'the Company', 'we' or 'us' we mean Create Internet Limited.
You should print a copy of these terms and conditions for future reference.
www.create.net is a site operated by Create Internet Limited (the company). We are registered in England and Wales under company number 03821624 and with our registered office at Unit 5 Westergate Business Centre, Westergate Road, Brighton, BN2 4QN.
By subscribing to our software through our website, you warrant that:
The Company will offer you use of the software for a trial period of 30 days. However, access to some of the Create services described below at clause 3.2 will be restricted. Use of the service during the trial period is free of charge. We will not ask you for any payment details.
At the end of the trial period we will send you an email at the address you provided when you registered, inviting you to subscribe. You will be given a short period of time in which to accept the invitation. If you decide to subscribe you will need to visit our website and complete the necessary payment procedures. We are prepared to extend the free trial period at our discretion.
If you do not accept the invitation to subscribe within the time period stated in the invitation, we will assume that you no longer wish to use the service and further use will be prevented. You will be under no obligation to pay the Company for your trial use of the service or to accept the invitation to subscribe.
At any time during the trial period you can choose to end the trial and begin subscribing to the service. You may wish to do this to gain access to the services that are restricted during the trial period.
After applying for a subscription for the service, you will be given access to the site via your username and password generated via our site. Please note that this does not mean that your application has been accepted. Your application constitutes an offer. All applications are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that your subscription has been completed (the Subscription Confirmation). The contract between us (Agreement) will only be formed when we send you the Subscription Confirmation.
Your subscription entitles you to use the following services provided by the Company (the Services):
A package of templates, services and website development, design and management tools and internet hosting.
You are entitled to build, and will be provided with hosting services, for one website on your account. If you require more than one website you will need to subscribe for an additional account under a separate application.
You are able to access support on our site via static web pages our Community forum area and via email. We do not provide on-site or telephone support under these terms and conditions. Any additional services are subject to separate agreement.
4.1 If you are contracting as a consumer, you may cancel this agreement at any time within seven working days, beginning on the day after you received the Subscription Confirmation. In this case, you will receive a full refund of the price paid for the services in accordance with our refunds policy (set out in clause 9).
4.2 Once the initial cancellation period set out above has expired you can cancel your Create account by following the steps set out in Clause 25, the 'Cancellations and Refunds Policy'.
4.3 You will not have any right to cancel any personalised services or products you have purchased, for example domain names.
4.4 The provisions of this clause do not affect your statutory rights.
Your subscription will be effected within a reasonable time of the date of the Subscription Confirmation, unless there are exceptional circumstances.
6.1 The services and the website you develop will be at your risk from the time of publication.
6.2 You will indemnify the Company on a full indemnity basis for any costs, damages and charges arising in any way from your website, its content and your continued use of the services.
7.1 The price of any services will be as quoted on our site from time to time at www.create.net/features.phtml, except in cases of obvious error. The Services are priced in accordance with the size and complexity of the applications available on the subscriber's website and the price will be varied accordingly should the subscriber's requirements change.
7.2 These subscription prices include VAT but excludes any domain registration, renewal or transfer costs, which are displayed in our FAQs and are available on application.
7.3 Prices are liable to change, but changes will not affect orders in respect of which we have already published your website. Any change will be notified to the subscriber in accordance with clause 19.
7.4 We are under no obligation to provide the services to you at any incorrect (lower) price, even after we have sent you a Subscription Confirmation.
7.5 Payment for all Services must be by credit or debit card via 'WorldPay'; we are unable to process payments directly.
7.6 Payments under this agreement are made in advance on an automatically recurring monthly or annual basis and by subscribing to the Create service you accept that we will automatically debit payment from the debit or credit card you have provided to us at the agreed intervals. Failure to keep up to date with your payments will jeopardise the continuation of your subscription.
8.1 The provision of the Services will require you to use our software under the following terms. This section of the document forms a Licence agreement (Licence) between you and the Company for any software services provided via our website together with any associated media and online documentation (Documentation). By accepting these terms and conditions you are agreeing to the terms of this Licence which will bind you. If you do not agree to the terms, we are unwilling to Licence the software to you and you must not access the Software.
8.2 In consideration of you agreeing to abide by the terms of this Licence, the company hereby grants to you a non-exclusive, non-transferable licence to use the Software and the Documentation on these terms.
8.3 You may use the Software for the Services to develop your website; if the software fails, contact us and we shall use our reasonable endeavours to remedy the defect.
8.4 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
not to copy the Software or Documentation;
not to rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the Software or Documentation;
not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things.
not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.
8.5 You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to us or our associates, that rights in the Software are Licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this Licence. At the end of your subscription you will have no continuing rights to use the Software.
8.6 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
8.7 The Licensor warrants that during your subscription, the Software will, when properly used, perform substantially in accordance with the functions described, and that any descriptions of the operation of the Software are accurate in all material respects.
8.8 You acknowledge that the Software may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this Licence.
8.9 You will not lend, sell, swap or otherwise compromise the integrity of your personal login details. You agree that login codes are not transferable and such transfer by you will entitle us to terminate the agreement and to retain all fees paid by you.
9.1 When you Cancel your Subscription with us:
if you are a consumer and have cancelled the services between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Services in full less any deduction made by WorldPay in processing your payment.
if you are a consumer (after the 7 day cooling off period) or a business customer and decide to cancel your subscription you must complete the cancellation request form in the 'Your Account' area in your Create account. This procedure has been designed to ensure that only authorised individuals are able to initiate account closure.
9.2 You may inform us at any time that you would like to cancel this agreement. To cancel you must log in to your Create account and complete the cancellation request form in the 'Your Account' area. Once we have received your cancellation request we will process your request to cancel your account and your account will then be closed the day before your next recurring subscription payment is due. If you require to close your account with immediate effect please contact your Account Manager.
9.4 We do not provide refunds for any unused time. No refunds are available if cancellation occurs as a result of the subscriber's breach of these terms and conditions.
9.4 Once your cancellation request has been received no further subscription payments will be due or debited if your subscription payments are up-to-date.
9.5 If during your subscription the Company determines at their discretion that you have breached the terms of this agreement, the Licence or any guidelines or policies surrounding the use or conduct of subscribers the company may terminate the subscription on such notice as the Company decides or take such other action as the company determines appropriate including the suspension of services or deletion of offending content.
9.6 The Company may at their discretion provide a warning notice to you allowing you reasonable time to remedy any breach or default on your part. You must provide a written response to any complaint or notice in a timely manner and if directed resolve any complaint with any aggrieved party directly.
9.7 In the event that the Company cancels your subscription any changes to your domain name details and the transfer of control shall be completed in reasonable time upon receipt of all fees and charges payable under this agreement. The renewal of the domain shall be your responsibility.
9.8 The following provide an illustration but do not limit the type of uses that contravene our agreement with you:
You also agree:
10.1 We warrant to you that any Services purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which services of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the subscription you purchased or total fees payable at the time of the breach.
10.3 This does not include or limit in any way our liability:
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
Provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 10.4.
10.5 Where you use any Services or act on any advice from a third party through our site, that individual's liability will be set out in that individual's terms and conditions and the Company shall have no liability.
11.1 If you order Services from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country in which the Services are to be used. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website and/or in your Create account. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to email@example.com. We may give notice to you at either the email or postal address you provide to us when subscribing or such other address detailed from time to time. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee and has left the sender's outbox.
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a subscription, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a subscription, or any of our rights or obligations arising under it, at any time during the term of the Agreement.
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a subscription, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13.
If any of these Terms and Conditions or any provisions of a subscription are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Agreement. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
19.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. Any such changes shall be notified in writing or posted on our website and shall not be implemented until 30 days has elapsed.
19.2 You will be subject to the policies and Terms and Conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Subscription Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of activation of your account).
Contracts for the purchase of services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
At Create, customer service is an extremely high priority and we are committed to offering a high standard of service and support. We appreciate any feedback or comments from our customers and use this to improve our product and service.
We always aim to reply to any queries or comments in a timely and effective manner.
The first step towards contacting us is to send an email detailing your enquiry or comments to: firstname.lastname@example.org
If you have an account with us, we strongly advise you to login and use the "Contact Us" option within the account, as this automatically provides us with additional information about your account which helps us to deal with your enquiry faster and more effectively.
Your email will be assigned to a Customer Services Representative who will work with you to resolve any issues you may be having and to provide advice. In situations where the issue cannot be immediately resolved, your query will be passed to the relevant department. You will be notified of this and kept informed of their progress.
If you would rather contact us in writing please send any queries to:
Customer Services Create Internet Ltd. Unit 5E Westergate Business Centre Westergate Road Brighton East Sussex BN2 4QN
We will then email you to confirm receipt of your communication and to resolve your enquiry.