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Terms and Conditions

This Terms of Service (“Agreement”) is a legally binding contract between SO Marketing LTD (“SO Marketing”) and you (“Customer,” “you” or “your”) that shall govern the purchase and use, in any manner, of the services provided by SO Marketing to Customer (collectively, the “Services”).

By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement.

If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of SO Marketing and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact SO Marketing to cancel your Services.

  1. Ownership and Services Purchased

1.1 The individual or entity set out in our records as the primary billing contact shall be the owner of the account.

1.2 The features and details of the Services governed by this Agreement are as described on your invoice for services based on their description on the Service Description Page as of the Effective Date, as defined below. SO Marketing may modify the products and services it offers from time-to-time.

  1. Term of Agreement

2.1 This Agreement becomes effective immediately when the Customer clicks “I Agree.” (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorised executive of SO Marketing, or by the posting by SO Marketing of a revised version.

  1. Payments and Billing

3.1 SO Marketing will automatically bill your payment method on file on the first day of each Billing Term, as defined below. All fees are subject to change with thirty (30) days prior notice to you.

3.2 Your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.

3.3 SO Marketing is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active Direct Debit via Go Cardless subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their due date.

3.4 As a customer of SO Marketing, it is your responsibility to ensure that all billing information on file with SO Marketing is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.

  1. Late Payments

4.1 Any account not paid in full within 30days of the invoice date for the service(s) provided to the relating invoice, will be given a 7-day grace period.  If payment is not made within the 7 day grace period, all website & associated email services will be disabled and interest will be charged in accordance with https://www.gov.uk/late-commercial-payments-interest-debt-recovery/charging-interest-commercial-debt

4.2. SO Marketing is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, SO Marketing reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full. 

Billing Disputes

5.1 SO Marketing will not activate new orders or provide additional Services for customers who have an outstanding balance with SO Marketing. For a new order to be setup or a new package to be activated, you must have a balance of £0.00, unless otherwise stated by SO Marketing in writing.

5.2 If you believe there is an error in SO Marketing’s billing, you must contact SO Marketing about it, in writing, within fourteen (14) days of the date you are billed or charged. SO Marketing’s obligation to consider your claim is contingent on you providing it with sufficient facts for SO Marketing to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify SO Marketing in writing or meet the deadline set out above. If SO Marketing finds that your claim is valid, SO Marketing agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.

  1. Chargebacks, Reversals, and Retrievals

6.1 If SO Marketing receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A £50 chargeback fee (issued to recoup mandatory fees passed on to SO Marketing by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact SO Marketing’s billing team to address any billing issues.

6.2 If SO Marketing appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to SO Marketing by the credit card company or bank. Any double payment resulting from this process will be applied to Customer’s account in the form of a service credit.

  1. Cancellation of Services

7.1 Either party may terminate this Agreement by providing notice to the other as provided herein.

7.2 You may cancel Service(s) with SO Marketing by submitting a cancellation request in writing by emailing SO Marketing at accounts@somarketing.com. Cancellations are not final until confirmed by a representative of SO Marketing in writing by email.

7.3 If you pay SO Marketing via PayPal or Standing Order, it is your responsibility to cancel any subscription for recurring PayPal payments. SO Marketing (which has no control over PayPal subscription payments or standing order payments) is not responsible for payments made from your PayPal or bank account after cancellation and is under no obligation to refund such payments made after cancellation.

7.4 SO Marketing may terminate this Agreement at any time by providing notice to Customers via email.

7.5 One party may also terminate this Agreement upon the occurrence of a material breach, which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.

  1. Refusal of Service

8.1 SO Marketing reserves the right to refuse service to anyone at any time. Any material that, in SO Marketing’s judgment, is obscene, threatening, illegal, or violates SO Marketing’s terms of service in any manner may be removed from SO Marketing’s servers (or otherwise disabled), with or without notice.

8.2 Similarly, SO Marketing reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. SO Marketing is not responsible for any damages or loss of data resulting from such suspension or termination.

8.3 If any manner of communication with SO Marketing’s staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.

  1. Resource Usage

9.1 Each customer is required to utilise as little server resources as possible, so as to allow for reasonable performance by all SO Marketing customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. SO Marketing reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.

9.2 Enforced resource limits for shared website hosting packages:

10% CPU Usage
5% Memory Usage (or 512 MB)
50 Running Processes
15 Minute Max Execution Time
100,000 Total Inodes
500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)
500Mb of email storage space per mailbox.

  1. Licenses

10.1 SO Marketing grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by SO Marketing solely to access and use the Services. This license terminates on the expiration or termination of this Agreement. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in SO Marketing’s technology shall remain with SO Marketing, or its licensors. You are not permitted to circumvent any devices designed to protect SO Marketing, or its licensor’s ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

10.2 You grant SO Marketing, or to any third parties used by SO Marketing to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your End Users, in conjunction with the Services. This license terminates on the expiration or termination of this Agreement. All right, title and interest in your technology shall remain with you, or your licensors.

  1. Service Modifications

11.1 SO Marketing reserves the right to add, modify, or remove any or all features from any service SO Marketing provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and third party applications. These changes can be made for any or no reason and SO Marketing does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term “materially” means that a reasonable business person would not have purchased the Services for the purposes used by you.

  1. Uptime Guarantee

12.1 SO Marketing guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99% of the time in any given calendar month.

12.2 Credits are only available for future services/invoices and cannot be issued as refunds. All credit requests must be sent via email to SO Marketing’s billing department no later than the tenth (10th) day of the month following the SLA (as that term is defined below) violation. Credits are issued based on the uptime for the previous calendar month only and requests not submitted within the required time frame cannot be approved.

12.3 The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer maxing its resource container, issues resulting from errors or omissions by the customer, issues relating to the customer’s ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Private Servers (“VPS”), Cloud Hosting, or Dedicated Server packages. All credits are at the discretion of SO Marketing, based on its investigation of any issue that is covered by this section.

12.4 If SO Marketing provides a credit, or Service Level Agreement, for a particular Service, this shall be your sole and exclusive remedy for defects in, or issues with, the Service.

  1. Support Policy

13.1 SO Marketing will provide technical support to you in office hours on standard working days throughout the year. The only official method for technical support is via SO Marketing’s help desk at support@somarketing.com. Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause.

13.2 Limited support will be provided, at SO Marketing’s discretion and subject to availability of staff, via telephone and/or live chat. SO Marketing will always do its best to provide fast, friendly, and helpful support over the telephone and live chat, but these options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums.

13.3 Inquires via telephone or live chat support should be limited to general questions which do not require access to any account or server to investigate or resolve and should not be used to request the status of or provide updates to a help desk ticket. Any issue requiring investigation, research, or access to an account/server should be sent via the help desk. SO Marketing reserves the right to direct any issue to the help desk at its discretion and to refuse to provide support for such issues via telephone or live chat.

13.4 Resellers are responsible for supporting their own customers. SO Marketing does not provide support to its resellers’ customers. If a reseller’s customer contacts SO Marketing, SO Marketing reserves the right to place the customer account on hold until the reseller can assume its responsibility for its customer. All support requests must be made by the reseller on its customers’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller’s account and the actions of their customers. SO Marketing will hold any reseller responsible for any of its customers’ actions that violate the terms of service set forth in this Agreement.

 

  1. Advanced Support Policy

14.1 Support to Customer is limited to SO Marketing’s area of expertise and is available only for issues related to the physical functioning of the Services. SO Marketing does not provide support for any third party software including, but not limited to, software offered by but not developed by SO Marketing. SO Marketing reserves the right to refuse assistance with and/or assess an “Advanced Support Fee” of £75.00 per hour (1 hour minimum) for any issue that, at SO Marketing’s sole discretion, is: (a) outside the scope of standard support; or (b) caused by customer error or omission. SO Marketing will always ask for your permission before providing advanced support that may be subject to a fee. By providing your permission, you agree to pay Advanced Support Fees as billed.

  1. Backup Services

15.1 Your use of SO Marketing’s Services is at your sole risk. This service is provided to you as a courtesy. SO Marketing is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on SO Marketing’s servers. Any and all backup services provided by SO Marketing, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity.

15.2 Backups are performed on servers that house shared and reseller packages only. No backups are performed for virtual private server (VPS/VDS), cloud hosting, or dedicated server packages, unless you specifically purchase an additional service for this purpose.

  1. Domain Name Registrations, Transfers, and Renewals

16.1 SO Marketing will not renew or host any domains without prior completion of a direct debit, failure to complete this may result in domains not being renewed or hosting being disabled. Please click on the link to complete www.somarketing.com/directdebit.

16.2 SO Marketing will make every effort to ensure domain names are registered, transferred, and/or renewed on time. If a domain name registration, renewal, or transfer is not processed when due, it is your responsibility to contact SO Marketing within fifteen (15) days of the incident for SO Marketing to investigate. Redemption fees may be charged to Customer for domains that remain expired for more than thirty (30) days, when no contact is made to SO Marketing in the required timeframe. SO Marketing’s liability is limited to the amount paid for the domain name.

  1. Expired Domain Deletion Policy

17.1 Immediately after the expiration of the term of a domain name’s registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that SO Marketing may direct the domain name to name servers and IP address(s) designated by SO Marketing, including, without limitation, to no IP address or to IP address(s) which host a parking page and/or a commercial search engine that may display advertisements. You acknowledge that SO Marketing may either leave your WHOIS information intact or that SO Marketing may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.

17.2. For a period of approximately thirty (30) days after expiration of the term of domain name registration services, you acknowledge that SO Marketing may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that SO Marketing may, but is not obligated to, offer this process, called the “reactivation period.” You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that SO Marketing, for any reason and in its sole discretion, may choose not to offer a reactivation period and that SO Marketing shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which SO Marketing may determine at its discretion. You acknowledge and agree that SO Marketing may make expired domain name services(s) available to third parties, that SO Marketing may auction off the rights to expired domain name services (the auction beginning near the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.

  1. IP Address Allocation

18.1 Any dedicated IP order, in addition to ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (“ARIN”). SO Marketing reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

  1. Acceptable Usage Policy

19.1 You shall use SO Marketing’s services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the State of North Carolina or the United States is prohibited. This includes, but is not limited to: copyrighted material in which you are not the copyright holder, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless SO Marketing from any claims resulting from the use of the service which damages you or any other party.

19.2 SO Marketing reserves the right to terminate Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether SO Marketing is the appropriate service provider for you:

  • Child Pornography – Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
  • Copyright Infringement – Hosting, Distributing, or Linking to Copyright Infringed Materials
  • CPU/Memory/Resource Abuse – Consuming Excessive Amount of Server Resources Causing Server Performance Issues
  • DoS Source – Source of Denial of Service Attack
  • DoS Target – Target of Denial of Service Attack
  • File Scripts – File Dump/Mirror Scripts (similar to rapidshare)
  • Forgery – Faking an IP Address, Hostname, E-Mail Address, or Header
  • Fraud Site – Hosting or Linking to a Website Intended to Deceive the Public including, but not limited to sites listed at aa419.org & escrow-fraud.com
  • HYIP – Hosting or Linking to a High Yield Investment Program Website
  • Identity Theft – Hosting, Distributing, or Linking to Stolen Account Identification Information
  • Infection – Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
  • Investment Sites – FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or Related Sites
  • IRC – Internet Relay Chat Server, including IRC Scripts/Bots
  • Mass Storage – Storing Mass Amounts of Backups, Archives, Videos, etc.
  • PayDay Loan Sites – including any site related to PayDay loans, PayDay loan affiliate programs, etc
  • Pharmacy Sites – Sites that facilitate the sale of any controlled substance without prior proof of appropriate permit(s), including but not limited to sites designated rogue on legitscript.com
  • Phishing – Identity Theft by Email Under False Pretence
  • Proxy Site – Hosting of or linking to an Anonymous Proxy Server
  • Bulk Email – No more than 500 emails of similar content (Opt In)
  • Spam Email – Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
  • Spam List – Hosting, Distributing, or Linking to Email Address Lists for Spam
  • Spam Site – A Site Advertised by Spam Email or Spam Web
  • Spam Ware – Hosting, Distributing, or Linking to Software Designed for Spamming
  • Spam Web – Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media
  • Spamhaus – Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
  • Terrorist Site – Hosting or Linking to a Site Advocating Terrorism
  • Toolz – Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
  • Trademark – Hosting, Distributing, or Linking to Trademark Infringed Materials
  • Warez – Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
  • Any other material SO Marketing judges to be threatening or obscene.

19.3 SO Marketing responds to valid notices of alleged copyright infringement. Copyright complaints are handled pursuant to the Digital Millennium Copyright Act (“DMCA”). Complaints that do not comply with the DMCA will not be processed. You are required to comply with the DMCA in using SO Marketing’s Services, and presenting copyright complaints.

  1. Restrictions on Storage Space Usage

20.1 All accounts are subject to the following restrictions on storage space usage: a) accounts must have valid, working websites, and not violate any previously subscribed terms; b) accounts are not for use of mass storage of backups, files, audio, video, zip files or others, as determined by SO Marketing, at its sole discretion; and c) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these terms may be suspended or terminated without warning.

  1. Multi-Location Hosting

21.1 SO Marketing does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. SO Marketing also reserves the right to deny the transfer of any account to a new location for any or no reason.

  1. Warranties

22.1 Your Warranties to SO Marketing

22.1.2 You represent and warrant to SO Marketing that: (i) you have the experience and knowledge necessary to use the Services; (ii) you will provide SO Marketing with material that may be implemented by it to provide the Services without extra effort on SO Marketing’s part; and (iii) you have sufficient knowledge about administering, designing, and operating the functions facilitated by the Service to take advantage of it.

22.1.3 You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all material provided to SO Marketing, or which may be accessed or transmitted using the Services. You also warrant that to the extent you do business with other parties using the Services, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.

22.2 SO Marketing’s Warranties

22.2.1. YOU EXPRESSLY AGREE THAT USE OF SO MARKETING’S SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, SO MARKETING HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OR MERCHANTABILITY, AND/OR TITLE. NEITHER SO MARKETING, ITS PARENT, ITS EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, WARRANT THAT SO MARKETING’S SERVICES WILL NOT BE INTERRUPTED OR BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, OR RELIABILITY, OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH SO MARKETING’S NETWORK, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. SO MARKETING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY SO MARKETING. NO WARRANTIES MADE BY THESE THIRD PARTIES TO SO MARKETING SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.

22.2.2 THE WARRANTY DISCLAIMERS CONTAINED IN THIS AGREEMENT EXTEND TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM SO MARKETING, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.

22.2.3 SO Marketing offers a standard warranty of 3 months on all bespoke development projects from the date the project goes live. It is the customers responsibility to inform SO Marketing within the 3 month period of any outstanding technical issues which will get fixed accordingly.

  1. Limitation of Liability

23.1 YOU ALSO ACKNOWLEDGE AND ACCEPT THAT ANY DAMAGES WILL BE LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE (1) MONTH OF SERVICE.

23.2 UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SO MARKETING, ITS OFFICERS, AGENTS OR THIRD PARTIES PROVIDING SERVICES THROUGH SO MARKETING, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY THIRD PARTY; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO SO MARKETING RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THIS PARAGRAPH APPLIES EVEN IF SO MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS, SO MARKETING’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  1. Indemnification

24.1 You agree to indemnify, defend and hold harmless SO Marketing, and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and collectively, “indemnified parties”) from and against any and all claims, damages, losses. liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (i) your use of the Services; (ii) any violation by you of any of SO Marketing’s policies; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services the use of which is facilities by SO Marketing.

  1. Partial Invalidity

25.1 If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. SO Marketing and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.

  1. Changes to the Terms of Service

26.1 SO Marketing reserves the right to modify this Agreement, in whole or in part, from time-to-time. SO Marketing will provide you with notices of such a change by posting notice on our website. Unless SO Marketing is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.

  1. Assignment

27.1 This Agreement may be assigned by SO Marketing. It may not be assigned by you. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

  1. Force Majeure

28.1. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.

  1. No Waiver

29.1 No waiver of rights under this Agreement or any SO Marketing policy, or agreement between Customer and SO Marketing shall constitute a subsequent waiver of this or any other right under this Agreement.

  1. No Agency

30.1. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

  1. Bespoke Services

All print, design and website design services by SO Marketing are bespoke services meaning that it is done at the bespoke request of the client. Because of this, no refunds or time will be credited against any aspect of a bespoke development project whether used or unused.

Any warranty claim or financial claim will be due following site bulld only and only then if the project does not meet the original requirements of the brief. Technical issues will get resolved under our three month warranty as set out above.

  1. Browser Support

Progressive Enhancement

SO Marketing tries to ensure our websites work well on all modern and standards compliant browsers

To make an analogy, viewing a website in a very old browser is like viewing television on a black-and-white TV: it still works to show the content, but colour (or HD or 3D) will always look better: requiring the same experience for everyone would mean limiting everyone to black and-white: this wouldn’t help anyone.

Our browser support policy is based on Yahoo’s “Graded Browser Support” policy which is being widely adopted as a standard by many websites. There are over 10,000 browser brands, versions, and configurations and that number is growing. It is possible however to group known browsers together. Our browser support is graded into three grades:

A-grade

A-grade support is the highest support level. By taking full advantage of the powerful capabilities of modern web standards, the A-grade experience provides advanced functionality and visual fidelity.
X-grade

X-grade provides support for unknown, fringe or rare browsers as well as browsers on which development has ceased. Browsers receiving X-grade support are assumed to be capable. (If a browser is shown to be incapable — if it chokes on modern methodologies and its user would be better served without decoration or functionality — then it should considered a C-grade browser.)
C-grade

C-grade is the base level of support, providing core content and functionality. It is sometimes called core support. Delivered via nothing more than semantic HTML, the content and experience is basically accessible, unenhanced by decoration or advanced functionality, and forward and backward compatible. Layers of style and behavior are omitted.

“A-Grade” supported browsers

Our “A-grade”  browser support, where everything should look pretty much as it does in the website design:

  • The latest version of Internet Explorer (11 at the time of writing)
  • The latest version of Firefox (36.0 at the time of writing)
  • The latest versions of Chrome and Safari

 

We test each release of a website against these browsers, and these browsers are officially supported (in the sense that we consider rendering issues in these browsers to be serious bugs).
Please be aware however that even in these browsers there might be slight differences in appearance and functionality: its simply impossible to make everything identical in all browsers without creating specific multiple versions of websites at additional cost.
“X-Grade” supported browsers

Since we follow a standards-based approach to developing websites (with specific browser-specific code to deal with flaws in particular browsers isolated from other browsers), our websites should work with other less widely used browsers provided they are reasonably up to date, eg:

  • Opera
  • Other Webkit powered browsers (eg Konqueror, many mobile and embedded browsers)
  • Mobile browsers (particularly the IPhone/IPad/IOS browser and the Android 2+ browser)

“C-Grade” supported browsers

Some browsers are simply incapable of rendering modern web standards.  For these, while our websites will make a “best attempt” to look and work OK, in general the best we can promise is that you should be able to “see the content”.  In some cases, even that is impossible due to bugs in these browsers.   Some browsers, especially older versions of Internet Explorer (which are, apologies to microsoft, “absolute rubbish”) may not see things displayed “exactly right”.  They should be able to read the content and use the main functionality of the website.  However certain functionality is simply not available in these browsers.

This also includes Screen readers and search engines (obviously things won’t  “display” right for these, but its important that they can “see” the content)

Browsers you should use to administer your site
Because the administration system for your website is only used by the site administrator, it is not necessary for it to support every browser still used on the internet. Instead we focus on making the best experience possible on the latest versions of our supported browsers. This allows us to use advanced Javascript and other modern web-development techniques that aren’t available in old browsers, making the backend interface easier to use.

In the backend of our websites we support only the latest version of these popular and free web browsers:

  • Firefox
  • Chrome
  • Internet Explorer

Other browsers such as safari may work, however we cannot guarantee that all functionality will work.  As Firefox is free and available for all major platforms we recommend it.

Some advanced functionality may require extra software all of which is available for free online:

  • A spreadsheet (either OpenOffice, Google Docs, or Microsoft Excel, or any other application able to open Excel spreadsheets)
  • A PDF viewer such as Adobe Acrobat Reader
  • The Adobe Flash plugin which is rarely used now.

Most Commonly used Internet Browsers

A common misconception is ‘my website must look perfect in Internet Explorer because everyone uses Internet Explorer’. The table below identifies the  most commonly used internet browsers, and the winner is… Google Chrome, which is used by over half of web users today. Internet Explorer has dropped usage rapidly since the birth of Mozilla Firefox and now with Google Chrome alive and kicking, Microsoft’s Internet Explorer is being left out in the cold.

It is also important to note that each browser brand in the below table is then sub split into specific versions with Internet Explorer listed below.