01642 432188

0191 3897897
hello@bombshelldesign.co.uk

TERMS AND CONDITIONS

These terms and conditions (“Terms of service”) govern your access to and use of Bombshell Design Services, management tools, software, applications, account management tools (collectively “Services”), and any and information, text, graphics, photos or other materials uploaded, downloaded, or used by the Services (collectively “Content”). By accessing and using the Services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, “you”, “your” or similar terms mean the company, person or legal entity utilizing or accessing the Services.

From time to time, Bombshell Design may update and change the Terms of Service without notice. As a user of Bombshell Design, your continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service which are available upon request.

By accessing and using Bombshell Designs Services you are consenting to (or promising that you have obtained appropriate consent for) the collection and use of personal information by Bombshell Design in accordance with Bombshell Design’s privacy policy.

Overview of terms

Bombshell Design reserve the right to change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.

Bombshell Design has no control over the policies of Facebook, Twitter, YouTube, LinkedIn and all other social media channels being utilized for campaigns. Bombshell Design has no say with respect to the type of content that social media channels accept now or in the future.

You acknowledge that Bombshell Design makes no warranty that the Social Media Campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.

You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to our team for inclusion in any campaigns are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements.

Minimum term of any service is one month. Cancellations of any ongoing Social Media Services must be made in 4 weeks of project wanting to end.

There are no refunds available on services provided by Bombshell Design once a deposit has been made.

No liability whatsoever (except as provided by law) will be accepted by Bombshell Design for any damages or losses arising from or as a consequence of the provision of the Services or any other act or default on the part of Bombshell Design or of any servant, agent or contractor of Bombshell Design in relation to this agreement and the Services unless the same occurs because of the negligence of Bombshell Design, its servants, agents or contractors in which case liability is limited to resupplying the Services again or a refund of the fees paid by you in the previous 1 month as elected by Bombshell Design

Nothing in this agreement is intended to limit or exclude any liability on the part of Bombshell Design where and to the extent that applicable law prohibits such exclusion or limitation.

Bombshell Design reserves the right to reject or discontinue the social media services where we are unable to provide the services due to technical, ethical, legal, or other matters. Where applicable, will Bombshell Design refund your money for any services not yet rendered.

This Agreement shall be governed by the laws of The United Kingdom.

Account Security

Bombshell Design will require access to your social media accounts, we would advise that you use a separate password for accounts using Bombshell Design services to your own private accounts.

Content

Whilst Bombshell Design makes every attempt to check unlawful content, Bombshell Design cannot be responsible for the Content accessed or made available to others through the Services.

Bombshell Design has the rights to refuse or remove any Content that is available via the Services. Bombshell Design may (but has no obligation to) remove Content and accounts containing Content that Bombshell Design determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that Bombshell Design determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party’s intellectual property).

Bombshell Design does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any Bombshell Design customer, employee, member, or officer. Engaging in any such behaviour may at Bombshell Design discretion result in the immediate termination or your account.
You must not upload, post, host, transmit or otherwise make available to others unsolicited email, SMSs, or “spam” messages through the Services.

You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature (“Viruses”) through the Services.

Payment matters

Bombshell Designs accepts CASH, and BACS transfer (BANK OF SCOTLAND 12-24-82. 06183173) for payment of services.
Purchased Services are 50% in advance before activity will begin and are non-refundable. This means that there will be no refunds for partial months of service, or for months where the Services were unused.

All fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees.

Modifications to the services and prices

Bombshell Design may change the Services at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these Terms of Service Bombshell Design may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you or to its customers generally without prior notice.

Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change upon 30 days notice from Bombshell Design. Such notice may be provided at any time by posting the changes on Bombshell Design social media pages or via e-mail.

Bombshell Design shall not be liable to you or to any third party for any change to the Services, price change, suspension or discontinuance of the Services.

Cancellation and termination

If you choose to cancel your account, you are solely responsible for doing so properly. The current account cancellation procedure is as follows: Contact Bombshell Design stacey@bombshelldesign.co.uk with notice of cancellation
Your cancellation will take effect immediately, Bombshell Design will store your most recent content for a period of no less than 30 days of cancellation, after this 30 day period, Bombshell Design will delete all of your Content from the Services.

Bombshell Design does not accept any responsibility for loss of Content due to account cancellation.

Bombshell Design, in its sole discretion, has the right to suspend, terminate or restrict your access to the Services, or any other Bombshell Design service, for any reason and at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the deletion of all content on your account. Bombshell Design reserves the right to refuse to provide the Services to anyone for any reason at any time.

The provisions regarding “Use and Restrictions”, “Payment Matters”, “Cancellation and Termination”, “Ownership”, “Disclaimer and Limitation of Liability” and “General” and any provisions which by their nature survive, shall survive the termination of these Terms of Service.

Ownership and licenses

Bombshell Design and its licensors retain title to and ownership of all rights (including copyright, trade-mark, patent, trade secret and all other intellectual property rights) in and to the Services and Bombshell Designs Content. You acquire no rights whatsoever to all or any part of the Services except for the limited use rights granted by these Terms of Service. All rights not expressly granted to you are reserved to Bombshell Design and its licensors.

We claim no intellectual property rights over the Content made available to others through your account. Additionally, your profile and other Content you provide to Bombshell Design in connection with the Services remain yours

By posting any public media using the Bombshell Design, you agree that you are following the relevant terms and conditions of the Third Party Service Provider you are linking to.
Disclaimer and limitation of liability
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. BOMBSHELL DESIGN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, CURRENCY, OR TIMELINESS OF THE SERVICES. BOMBSHELL DESIGN DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE OPERATION OF, THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BOMBSHELL DESIGN DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SERVICES ARE OR WILL BE SECURE, COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. BOMBSHELL DESIGN DISCLAIMS ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF PROGRAMS OR DATA (INCLUDING ANY CONTENT), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE, (VII) PERSONAL INJURY, (VIII) FINES, FEES, PENALTIES, OR (VI) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT TEAMSOCIAL.CO.UK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES.

General conditions

Support is available should you require changes to be made to any of your accounts or projects by contacting stacey@bombshelldesign.co.uk.

You understand that Bombshell Design uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The failure of Bombshell Design to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Bombshell Design and governs your use of the Services, superseding any prior agreements between you and Bombshell Design (including, but not limited to, any prior versions of the Terms of Service). A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to Bombshell Design ability to amend these Terms of Service, they cannot be changed.

If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.

You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third party. Subject to the foregoing, these Terms of Service shall ensure to the benefit of and be binding upon you and Bombshell Design and their respective successors (including any successor by reason of amalgamation) and assigns.

You agree that if you sue Bombshell Design and do not obtain judgment in your favour, you will pay all of Bombshell Design costs, including reasonable fees for in-house and outside legal counsel.

These Terms of Service are governed by the laws of England and Wales, without giving effect to any principles of conflicts of laws contained therein, and all disputes or other matters arising out of this License will be dealt with by a court of competent jurisdiction in England. These laws apply to your access to or use of the Services, notwithstanding your domicile, residency or physical location.

Contact Us

01642 432188 (TEESSIDE)
0191 3897897 (NEWCASTLE)
hello@bombshelldesign.co.uk

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