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SERVICE TERMS AND CONDITIONS

Cause we have to cover all basis! At Dog Furiendly, we are committed to maintaining the trust and confidence of our service users. Grab a cuppa, a couple of treats for your pooch and read on.

1. Definitions

In these Conditions:

“Agreement” means the agreement between the Parties as set out in the Confirmation of Order.

“Business Day” and “Business Hours” means any day between Monday toFriday. Any time between 10am to 4pm.

“Charges” means our cost for performing the Services.

“Commencement Date” means the date on which the Services are first provided by us to you.

“Confirmation of Order” means communication in the form of a document or a webpage with which we accept a purchase offer as set out in the Promotional Order.

“Content” means creation of intellect for social media, advertising or listing purposes including, text, layout, design, colouration, images, animation, video and links.

“Created Content” means any Content created or provided by us as part of the provision of Services.

“Dog Furiendly Account” means an account for accessing and using our online facility. Accessed via log-in at dogfuriendly.com.

“Dog Furiendly” means the internet website located at the URL http://dogfuriendly.com.

“Fixed Term” means a term duration specified on an Promotional Order with an identifiable beginning and end date.

“Force Majeure Event” means any circumstances or causes beyond either Parties reasonable control.

“Free Listing” means an unpaid business entry published on dogfuriendly.com.

“Order” means a document or webpage which you complete and submit to us, to purchase to one or more Services from us or to modify, extend or renew any existing Service.

“Review Period” means the number of Business Days to give feedback on a development version of a listing. If nothing is specified then 5 Business Days.

“Renewal Period” means 12 months after a Promotional Order.

“Service” means product or service offered by us.

“Third Party Data” means data we obtain for use under license from third party organisations and which may be used to assist in the provision of our Services.

“User” means a person who uses dogfuriendly.com.

“User Generated Content” means Content created, transmitted via or otherwise communicated by non-administrative users of a website, and includes to comments, content or reviews, that may be submitted to or on a website that relate to the goods and services you provide.

The Parties

These Terms and Conditions are entered into between:

  1. Dog Furiendly (“Dog Furiendly”, “we”, “us”, “our”); and
  2. (The person or organisation named on a Confirmation of Order (“you”, “your”)

each a “Party” and together the “Parties”.

You can give notice by contacting us via 07807919681 or emailing us on woof@dogfuriendly.com

2. Entering a Contract

2.1. These are the conditions of a legally binding contract between you and us.

2.2. Your submission of a Promotional Order to us shall comprise a Confirmation of Order. The Agreement shall become binding upon our issuing a Confirmation of Order to you, unless you notify us of any order mistakes within five Business Days.

2.3. After this period you shall be deemed to warrant the Confirmation of Order correctly identifies and particularises the Service required and therefore agrees to these terms and conditions of the contract between the Parties.

2.4. We may send you an Interim Email setting out and confirming the particulars of the Promotional Order.

2.5. No binding contract shall be formed by the Interim Email, which shall remain subject to our acceptance by the Confirmation of Order.

3. Our Responsibilities

3.1. We shall perform the required Services set out in the Confirmation of Order. This will be done in a professional, safe manner and in line with the applicable Service Rules.

3.2. We endeavour to make dogfuriendly.com available to users at all times.

4. Your Responsibilities

4.1. Provide us with any Content reasonably required to perform the Service in a suitable format. We shall have the right to change Content provided by you as we deem necessary to optimise the Services.

4.2. Take the actionable steps required to receive or maintain the Service when your periodic attention is required.

4.3. For having all the necessary equipment for accessing the Service.

4.4. For backing up any Content for which you have received from this Service. We are not responsible for backing up or storing any Content.

4.5. If we choose to investigate your online activities or account for fraud or other such activities. You will provide us with reasonable assistance.

5. Content Issues

5.1. We have the right to suspend any Service, immediately and without prior notice, where:

  1. Your Profile or Content includes personal data without the clear and explicit opt-in consent of the data subject;
  2. The Content includes a breach of advertising, trading or consumer protection laws, regulations or standards;
  3. The Content is contrary to or infringes the terms of any law, Dog Furiendly policies, or the rights of any person;
  4. The Content subject us to a Claim, prosecution, criticism or embarrassment;
  5. The Content or use of the Services is unlawful, misleading, offensive, prejudicial or inflammatory;
  6. You have failed to provide any information or document requested by us pursuant to your responsibilities in clause 4;
  7. Business details are incorrect or there is an inaccurate representation of your business;

Suspension shall cease as soon as reasonably practicable.

5.2. Suspension pursuant to this clause shall not relieve you of the obligation to pay the Charges of the relevant Service.

5.3. We shall have the right to change the Content without prior notice as we deem necessary to remedy the situation. We shall notify you of the change as soon as possible.

6. Reviewing Content – The Process

6.1. When Social Media/Guest Blog Content is ready we will notify you and it will be made available for you to review privately, during which you may request any amendments. Amendments are continued until expressly or deemed approved by you for publication

6.2. If you have not provided any feedback, requested any amendments or indicated your approval then that version of the shall be deemed to be approved and shall be published accordingly to continue the Service.

6.3. We shall not be liable for failure to action amendments where such request is, in our reasonable opinion, garbled, indecipherable, unclear.

7. Free Services

7.1. Free Services are provided on an available basis. We shall have the right to terminate Free Services, without liability, at any time, for any or no reason, immediately without notice.

8. Profile Pages on Dogfuriendly.com

8.1. Images on must only show a true representation of your business’s premises, products or services, You shall be responsible to upload images via your account on dogfuriendly.com.

8.2. All Images must yours and must not infringe on any copyright laws.

8.3. Links to external websites must be live and must allow Users to return to Dogfuriendly.com by clicking on the “Back” button on their browser.

8.4. The logo for your business must belong to your business and shall not infringe on any copyright laws.

8.5. Do not use any Content, or identifiable brand assets for commercial or derivative purposes unless you have obtained our express written agreement.

8.6. Do not decompile or disassemble or otherwise attempt to discover or access any source code related to Dogfuriendly.com

8.7. Any Content provided to us, or otherwise in connection to the service you grant to us for the duration of the Agreement is royalty free, transferable, sub-licensable and a non-exclusive licence. You warrant that you have all necessary rights and it does not infringe any law or third party rights

8.8. Unless otherwise specified in the Service Rules or Confirmation of Order, all Created Content shall be exclusively owned by us. You will not have the right to use the Created Content in any form unless you have obtained our written permission.

9. Permissions

9.1. You consent to your data and personal data being processed, and your being contacted including for the purposes of direct marketing, in accordance with our Privacy Policy.

9.2. Where you access or use any part of our email messaging services, you agree that we may monitor emails received by you using this or any other functionality provided by us to help us customise our functionality or otherwise improve the Services.

9.3. Unless you tell us otherwise, we will issue all account communications (including any Confirmation of Order, invoice, and statements) to your email address.

10. User Generated Content

10.1. We encourage and permit users to publish Content on Dogfuriendly.com including associates with you and your business.

10.2. We monitor, review and moderate all User Generated Content published to Dogfuriendly.com

10.3. We reserve the right to refuse to disclose, unless compelled by law, the identify or personal data of any person who is responsible for user generated Content.

11. External Website Elements

11.1. Functions and design elements made available to you as part of any Service may be under license from third parties.

  1. You agree to the terms and conditions applicable to the use of such external elements
  2. You acknowledge that the third party’s functionality, is not within our influence or control, may be subject to change without notice; and may be subject to criteria for service provision, compliance with which shall be your responsibility
  3. Where functionality requires an account with the third party, you authorise us to, set up and administer such an account on your behalf
  4. We have no liability or direct associations with these third party applications.

11.2. Google Maps is available to you as part of Dogfuriendly.com. It is under license from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps in any Service, you agree to be bound by the Google Maps terms and conditions available at: https://www.google.com/intl/en_us/help/terms_maps.html.

12. Third Party Services

12.1. Where a Service includes acting on your behalf in any capacity in respect of a service conducted by a third party including third party directories, social media, and search engines (“Third Party Service”) you authorise us to:

  1. Set up any necessary login’s or accounts on your behalf,
  2. Operate the Third Party Service on your behalf,
  3. Publish all Content associated with the Service to the Third Party Service; and
  4. you indemnify us for any Costs incurred in respect of the Third Party Service.

12.2. Where Services involve publication of your Content on third party, we shall have no liability in respect of the features, timeliness or availability of such Third Party Services, which shall be considered beyond our reasonable control including where your Content or Created Content is rejected by the Third Party Services.

12.3. We may modify the content, size and/or format of Advertisements to the extent reasonably required to comply with the technical specifications and policies of any Third Party Service from time to time.

12.4. You acknowledge that we cannot guarantee any specific positioning for Advertisements or any leads from or responses to such Advertisements. You acknowledge that our past performance is not indicative of any future results you may experience.

13. Protection of Online Security

13.1. We have the right to refer any illegal activity, abusive and suspected fraudulent to appropriate enforcement authorities without notice to you.

13.2. Ensure that Content uploaded by you or on your behalf to dogfuriendly.com, shall be free from viruses or other conditions that could damage or interfere with computer systems.

  1. Do not use the Service to store or transmit viruses, bugs, trojans and other forms of malware;
  2. Do not tamper with or gain unauthorised access to any part of any of our Service or systems in place to run the Service.

13.3. Do not engage in any activity that interferes with or disrupts the domain, hosting, servers, networks of dogfuriendly.com.

13.4. Keep and protect any passwords that we provide to you throughout the service. You shall have absolute liability for all login action other then where such use is as a result of our failure or breach of data security.

13.5. Notify us immediately if you become aware of any suspected fraud, unauthorised use of passwords, or any other breach of security that could affect the Service.

13.6. We will sign you out of the Service if you are inactive for an extended period of time.

14. Making a Payment

14.1. Upon Confirmation of Order, you will pay the fees for each Service plus any applicable taxes such as VAT. Please note that any charges are exclusive of VAT.

14.2. Payment shall be made to Dog Furiendly in pounds sterling (£) on dogfuriendly.com or by electronic funds transfer, cheque, credit card payment or the clearing bank’s BACS system.

14.3. Dog Furiendly shall require written notice of any disputes within 30 calendar days from the date the invoice is received. The dispute notice should include the disputed amount, reasons and supporting documentation. Both Parties shall use their best efforts to resolve the dispute. Any amounts disputed to this clause and resolved in either favour shall be payable within 14 days of the resolution of the dispute.

14.4. Interest is payable on un-payments beyond 30 calendar days. The parties agree that this is not a penalty but is due to the pre-estimated damage caused to Dog Furiendly. The payment will accrue a daily effective rate of 5% above the the official Bank of England published during that current month. Interest shall be due and payable immediately upon accrual and shall not require invoicing.

14.5. Any discounts shall be applied to charges where you meet all the terms of eligibility for the promotional offer. Terms of eligibility of promotional offers will be made available on request.

15. Term and Termination

15.1. The Agreement shall commence on the Confirmation of Order.

15.2. Each Service shall commence on the Confirmation of Order and continue until terminated in accordance with the agreement; unless;

  1. The Service has been renewed on a Fixed Term basis; or
  2. Any Services are on Monthly Rolling basis;

15.3. Unless terminated earlier in the manner laid out in these conditions, the Agreement shall continue until expiry of the term.

15.4. If the Agreement is terminated within the initial period you shall pay an early termination fee (60% of the Charges for the remainder of the Agreement. You will also pay all third party costs, and/ or out of pocket expenses incurred by Dog Furiendly, for example, Facebook Advertising. This Fee is a genuine pre-estimate of our loss caused by your early termination of the Agreement and is not a penalty.

15.5. You may notify us in writing that you want us to permanently remove any form of advertising, promotion or Free Listing from display on dogfuriendly.com. We will endeavour to action this request as soon as possible. You shall not be discharged from your obligations to pay the full amount of the Charges contracted for the term of the Service.

15.8. Each party is given at least 90 days to renew the Service prior to expiry of the then current term.

15.9. The Agreement shall immediately terminate without notice, for:

  1. The bankruptcy of the other Party; or
  2. The bankruptcy of a member of the other Party (being a partnership)
  3. The other Party (being an individual) or a member of the other Party (being a partnership) dies or by reason of illness or incapacity (whether mental or physical) is incapable of managing his or her own affairs;

Either Party may suspend some or all of its obligations pursuant to the Agreement immediately upon written notice

15.10. We may, without notice, immediately suspend any or all Services provided to you if:

  1. You engage in any click fraud or astroturfing in respect of any Service (whether yours or a third party);
  2. You fail to pay any amount due pursuant to the Agreement or any other agreement between you and Dog Furiendly  when due;

Suspension of your Services pursuant to this clause shall not relieve you of the obligation to pay the Charges in respect of such Services. The suspension shall cease as soon as reasonably practicable following resolution of the circumstances giving rise to the suspension.

15.11. We may terminate any Service or part thereof, at any time for any or no reason, by giving 14 days written notice.You shall be entitled to a pro-rata refund any Charges you have already paid to us.

16. Suspension of Services

20.1. We may have to temporarily suspend any Service. This is:

  1. To carry out essential maintenance to improve the Service;
  2. To prevent or respond to hacking attempts, service attacks or other similar activities directed at our systems, or to deal with any other emergency technical issue; or

Suspension of your Services pursuant to this clause shall not relieve you of the obligation to pay the Charges in respect of such Services. The suspension shall cease as soon as reasonably practicable following resolution of the circumstances giving rise to the suspension.

17. Limitation of Liability

17.1. Nothing in this Agreement will:

  • limit or exclude our or your liability for death or personal injury resulting from negligence;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the information on the website is provided free of charge, we will not be liable for any loss or damage of any nature.

17.2 We shall not be liable for any consequential, indirect, exemplary, punitive, special, incidental or reliance damages, or for any damages related to lost profits, lost data, lost opportunity or business interruption, howsoever caused and even if a Party knew or should have known of the possibility of, or could reasonably have prevented, such damages.

17.3. If we are responsible for an error in the Service we shall endeavour to correct the error as soon as practicably possible. At our sole discretion we may reduce the Charges for such Service as is fair and reasonable having regard to the nature of the error, or extend the duration of the Service as compensation. We shall have no further liability in respect of an error in the Service which we are responsible and you release and hold us harmless from any Claim thereby arising.

18. Changes to our Services and Conditions

18.1. We are committed to the improvement of our Services. We therefore have the right to modify these Services at any time without notice, provided it is not detrimental to the value or function of your Service.

18.2. Any modification that is detrimental to the value or function of your Service, will be notified within 14 days. You shall have the option, if exercised within 14 days of notice to terminate the Service without further liability and receive a refund pro rata for the rest of the term.

18.3. We may, change or withdraw any promotion.

18.4. To the extent permitted by law, we shall not be liable for any Costs, howsoever arising.

18.5. The promotion benefit cannot be claimed or used in connection with any other promotion nor is it transferable. There will be no cash alternative.