Terms & Conditions
Last Revised: 15/09/2020
1. Our Terms
1.1 What these terms cover - These are the terms and conditions on which Folifi ("www.folifi.agency") supply services and products to you. All terms are effective from the date of your electronic submission of order.
1.2 Why you should read these terms - Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Amendment of Terms - Folifi may at any time, at its sole and absolute discretion, change or modify this Agreement and any policies or agreements that are incorporated herein. Any changes or modifications will take immediate effect. Your continued use of the website or our services will constitute your acceptance of the amended Agreement. We will notify you by email at least 30 days in advance of any changes to our products or services. The obligation is upon you to ensure that the email you have provided to us is up to date. We accept no liability or responsibility for your failure to receive any email communications from us if such failure results from an inaccurate email address.
2. Who we are and how you contact us
2.1 Who we are - We are Folifi, a registered Partnership located in the UK. We are VAT registered, our VAT number is 356541195.
2.2 How to contact us - You can contact us by emailing us firstname.lastname@example.org or booking a call with us at https://calendly.com/folifi/call. If you are requesting a website task or fix, you can do this by emailing us, contacting your Account Manager, or submitting a task in your account at https://folifi.com/account.
2.3 How we may contact you - If we have to contact you, we will do us via email, telephone or through your account. We will never ask for your account password. After ordering any of our services, we will contact you within 24 hours to get the necessary information from you so we can get them set up.
3. Our Contract with you
3.1 Your registration obligations - You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Folifi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Folifi has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3.2 How we will accept your order - Placing an order on our website does not guarantee acceptance of your order. Our acceptance of your order will take place after your order is placed at the point you receive confirmation that your order has been fulfilled. At this point a contract will come into existence between you and us. Payment must be received before any services will be provided.
3.3 If we cannot accept or fulfil your order - If we are unable to accept or fulfil your order, we will inform you of this and refund any money you have paid to us.
3.4 Account Details - In order to access our services you will be asked to create an Account. We do not know your password or have access to it. You warrant to folifi.com that all information submitted in order to set up and utilise your Account is true, accurate and complete. You are solely responsible for activities on your Account, whether authorised by you or not. You must keep your login details secure. You must notify us immediately of any unauthorised use of your account or security breach.
4. Our Products
4.1 One Off Task
We provide one off website tasks and fixes, they will be completed by our expert support engineers for a fixed fee as advertised on https://folifi.com/one-off-wordpress-task/.
4.1.1 Inclusions - One-Off Task fix examples include the following: Malware/Hack Cleanup, Fix PHP Errors, White Screen of Death, Dead Links, Update Core site along with Plugins and Theme, Bug Fixes, Migration, CSS Changes, Speed or Performance Optimisation, Plugin Setup, Theme Setup, Adding or Updating Content.
4.1.2 Exclusions - The following work is explicitly excluded from the One-Off Task service: any development tasks, any design related work, editing functionality of a website, link building, configuring an external hosting environment and closing SQL injection vulnerabilities present in custom code.
4.1.3 Task Request - Each task request can only contain one task for one website at a time. You will be charged for each individual website fix or task.
4.1.4 Time Limit - We will provide you with a time frame for completion of the work after the order has been placed and the details of the website fix or task are provided to us. We attempt to complete any task within two hours of accepting the order, however we offer no guarantee to how long it will take to complete a task. We will dedicate a reasonable amount of time to completing the task. However, if we are unable to complete a task within a reasonable amount of time we reserve the right to cancel your order and refund you in full.
4.1.5 Incomplete fix - If we are unable to fix the problem, regardless of the amount of time our engineers spend, we will notify you of this and provide you with written confirmation setting out why it has not been possible to complete the task.
4.1.6 Task Request - Folifi will use reasonable skill and care to complete any website fix or task. However, it is not possible to guarantee any website fix or task will be error free. Where errors arise you must notify us within 7 days. If the error is as a direct result of the work undertaken by us we will endeavour to resolve the error within a reasonable period of time. Where it is not possible to fix and error we will refund you for the task, and/or attempt to roll back our changes to a backup.
4.1.6 Third Parties - Folifi is not responsible for any work done by third parties on your website, or for any software or plugins that are utilised by you. There may be occasions where actions by third party suppliers, such as website hosts, software and plugin developers, web browsers, email clients, domain name registrars or search engines, will affect ability to complete a fix or task. In the event of a third party interruption Folifi will not be liable for any delay in completing the fix or task. You will not be entitled to a refund in the event that we are unable to complete a website fix or task as a result of a third party’s action.
4.2 Support Plans - Monthly & Annual Packages
We provide various add-ons for a recurring monthly fee or a one off fee depending on the service, as advertised at https://folifi.agency/services/.
4.3.1 Google PPC Campaign - This add-on solely includes the management of Pay Per Click campaigns on Google, it can be cancelled anytime but any management from Folifi will no longer continue and be removed. The monthly fee does not include your ad spend.
4.3.2 Facebook Ad Campaign - This add-on solely includes the management of Pay Per Click campaigns on Facebook, it can be cancelled anytime but any management from Folifi will no longer continue and be removed. The monthly fee does not include your ad spend.
4.3.3 Bespoke theme development - This add-on solely includes the design and development of a custom theme for a WordPress website, it does not include any eCommerce/WooCommerce functionality. It is a one-off fee as advertised.
4.3.12 Social & PPC management - This add-on solely includes the add-ons as described in 4.3.1, 4.3.2 and 4.3.6. It is a recurring monthly fee that can be cancelled at any time but any management from Folifi will no longer continue and be removed.
6. Providing the services
6.1 Service costs - The costs of the services will be displayed on our website for you to view. We reserve the right to amend our costs at any time.
6.2 Notice of change to service costs - We will give one calendar month notice to you of changes to the cost of our monthly rolling subscription plans if you are a current subscriber. If you have signed up for a one year contract you will be notified of any changes to the cost of the service one calendar month prior to the renewal of the contract.
6.3 Subscription length - Subscriptions are provided to you on the basis of either a monthly or a yearly rolling contract. Subscriptions will be renewed automatically and charged to the payment source entered on your Folifi account.
6.4 When we provide the services - We will supply the services to you until you end the contract or we end the contract by written notice to you.
6.5 If we do not have the required information - We need certain information from you to supply the services to you as stated in the sign up section for the services on our website. We may contact you to ask for further information or to check the information you have provided to us. If you do not give us this information within a reasonable period of time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any delay in supplying the services or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it
6.6 Full access - You must provide us with full access to a website in order to work on a task. We cannot make changes via git, or by using SSH keys.
6.7 Reasons we may suspend or disable the supply of services to you - We may suspend the supply of a service to: deal with technical issues, update the service to reflect changes in laws and regulatory requirements, when required by law, where we believe you are in breach of this agreement, to resolve any third party claims or actions, to avoid financial loss or legal liability.
6.8 Your rights if we suspend the supply of our monthly subscription services - We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 24 hours in any 7 day period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 120 hours and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract save where the suspension is as a result of your breach of this Agreement.
6.9 Failure to complete Maintenance fix, Custom task or Hosting task as part of a monthly Service Package - You will not be entitled to any refund in the event that our team is unable to complete any Maintenance fix or task as part of your monthly Support Package. In the event that we are unable to complete the single monthly fix or task available under our Support package, we may, at our absolute discretion offer to undertake a further fix or task during that calendar month.
6.10 We may also suspend supply of the service if you do not pay - If you do not pay us for our services when you are supposed to, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments. Once payment has been made in accordance with these terms, we will use reasonable endeavours to ensure that the service is restored to you within 24 hours.
7. Contract obligations
7.1 You are responsible for the content on your website - Customers are responsible for all data on their website, including scripts, images and other objects on their website.
7.2 You are responsible for backing up your website - Whilst we will endeavour to complete a backup of your website prior to undertaking any support fix or task. You must ensure you have completed a full backup of your website prior to placing any one-off order with us or placing a Task Request as part of one of our support plans. We do not guarantee that any backup we routinely undertake of your website will be successful. You should always keep your own local backup. When your contract with us is concluded we will not retain any backup of your site.
7.3 You are responsible for the content on your account - Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will, where necessary, fully co-operate with the authorities.
7.4 You must not use the service for transmission of illegal materials - You agree to refrain from uploading to your hosting service, sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force in England and Wales, in the server location where you have chosen to host your site, or in the jurisdiction of the network provider who provides the underlying network infrastructure. It is the user's sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities.
8. Your rights
8.1 Ending your contract with us for a One-off task - You are not able to cancel your contract with us for One-off Website Task once your order has been submitted to our website and accepted by us. In in most circumstances we will commence work on your Task as soon as the order is submitted and costs will be incurred by us. Any request for a refund will be considered on a case by case basis. Refunds will be made at our absolute discretion.
8.2 Ending your contract with us for a support plan - You may terminate your contract with us by cancelling the service in advance of the renewal date (by 11.59pm GMT on the day before renewal is due) through the client area at https://folifi.com/account.
8.3 Refunds - As we offer a low-cost service with larger discounts for pre-payments, you will not be entitled to a refund of any monies paid once the service has commenced. If the services you have paid for are faulty or misdescribed you may have a legal right to end the contract or to get the service re-performed or to get some or all of your money back. You must inform us in writing of the reasons why you say that the services are either faulty or misdescribed. We will respond to any complaint within 28 days of receipt and inform you whether a refund will be administered.
8.4 Processing of refunds - All refunds will be processed within 7 working days of receipt.
8.5 Illegal activity - If your account is found to contain any illegal activity, your account will be suspended immediately. Failure to remove the content will result in your account being terminated and no refunds will apply.
8.6 Exercising your right to change your mind (Consumer Contracts Regulations 2013) - For most products bought online if you are a Consumer within the meaning of those regulations you have a legal right to change your mind within 14 days and receive a refund. You do not have the right to change your mind in respect of digital products after you have started to download or stream these; services, once these have been completed, even if the cancellation period is still running; sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
9. Ending the contract with us
Tell us you want to end the contract. To end the contract with us, please visit your Folifi Account section, from there you can cancel any current subscriptions you have.
10. Our right to end the contract
10.1 We may end the contract if you break it - if you do not make any payment to us when it is due or if you do not within a reasonable time frame, provide us with information that is necessary for us to provide the services.
10.2 You must compensate us if you break the contract - If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the services - We may write to you to let you know that we are going to stop providing the services. We will let you know at least 30 days in advance of stopping the supply of the services and will refund any sum you have paid in advance for services which will not be provided.
11. Price and payment
11.1 The price of the service - The price of the service will be indicated on the pricing pages and order pages when you submit an order. We take all possible care in ensuring the price of the service is correct. Where VAT is applicable, based on your location, it will be included in the price and detailed at checkout.
11.2 VAT rate changes - If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 Changes in price - We reserve the right to alter the prices advertised on our website and fees at any time. We will provide written notice of any changes in price via email to the email address we have on record that you supplied to us. In most cases, changing the price on the website for new customers will not affect the price for existing customers. If your contract is for a fixed term, the price change will take place upon renewal.
11.4 When and how you must pay - We accept payment by most major credit and debit cards. When you must pay depends on what product you are buying. You warrant that you are lawfully authorised to make payment using the payment card or facility used. In the event that you are not the named cardholder, you will indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
11.5 Payment due at time of order - You agree to pay all amounts due for services at the time you order them. All amounts are non-refundable unless otherwise stated in clause 8 above.
11.5 Invoices - Invoices will be sent to the email address provided by you once the payment has been successfully processed. You can view your invoices in your Account area. If you believe an invoice is incorrect you must contact us immediately. You will not have to pay any interest until the dispute is resolved.
12. Our Responsibility for for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us - If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so - This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Brixly's servers going offline for any reason whatsoever. Furthermore, we shall not be responsible for claimed damages, including incidental and consequential damages, resulting from a loss of service or any costs incurred due to a configuration or service issue resulting from our provided services. All damages shall be limited to the immediate termination of service.
12.3 We are not liable for business losses - If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 Limit of liability - Save where you are acting as a Consumer within the meaning of the Consumer Rights Act 2015 our aggregate liability shall be limited to twice the fees paid by you for the services in relation to which your claim arises during the 12 month period prior to the claim.
13. Important Terms
13.1 We may transfer this agreement to someone else - We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for any complete month of service not provided.
13.2 You need our consent to transfer your rights to someone else - You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract - This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force - Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later - If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings - These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Folifi © 2021. VAT Registration Number: 356541195