Terms and Conditions
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”, “Terms”) carefully before using www.thecontentarchitects.com (the “Site”). This Agreement sets forth the legally binding terms and conditions for your use of the Site.
This agreement is made by and between The Content Architects and any website visitor or customer.
In this contract:
- ‘customer’, ‘you’, ‘your’, ‘ ‘visitor’, ‘they’, ‘client’, or ‘users’ means any person visiting the website or using any of The Content Architect’s Services and/or Products.
- ‘Force Majeure Event’ means any circumstance not within a party’s reasonable control including, without limitation: (a) acts of god, flood, drought, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination; (e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; (f) collapse of buildings, fire, explosion or accident; (g) any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party); (h) non-performance by suppliers or subcontractors; and (i) interruption or failure of utility service.
- ‘I’, ‘we’, ‘us’ or ‘our’ means The Content Architects.
- ‘Intellectual Property Rights’ means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including Know-How and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
- ‘Know-How’ means unpatented technical information (including information relating to inventions, discoveries, concepts, methodologies, models, research, development, and testing procedures; the results of experiments, tests, and trials; manufacturing processes, techniques, and specifications; quality control data, analyses, reports, and submissions) that is not in the public domain.
- ‘Product’ means a The Content Architects Calendar or other product made available to download by us from the Site.
- ‘Services’ means copy services, social media services or similar services agreed in an Order Form, to be provided by us to you.
The Content Architects is a business which aims to help brands and marketers create good content for marketing. The Content Architects offer Services and Products to help their customers achieve this.
The Content Architects provides a creative service via a freelance workforce. The Content Architects work with clients and find a suitable service provider for their business needs. This may be an employee of The Content Architects or a freelancer. For the avoidance of doubt, The Content Architects is not obligated to provide any Service or Product. By working with The Content Architects, the client acknowledges and agrees The Content Architects may contact relevant vendors and will seek to work with them to create work which fits the Client’s business needs. Should the Content Architects not have anyone suitable, we can refuse the work.
When purchasing a Service, you will also be sent an additional agreement to sign (an “Order Form”) which works in conjunction with the Terms as set out herein. In the event of any conflict between these terms and those of an Order Form, the terms of the applicable Order Form shall apply. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract of sale between you and us is made. The Order Form will outline the Services to be provided to ensure all information is clear and understandable for the relevant Service agreed between us.
This may include, but is not limited to:
- General nature of Services requested.
- Deliverables to be provided.
- Round of amendments included (if appropriate).
- Timeline and deadline(s) for the Services as may be provided in policies and guidelines.
- Contact details for a point of contact of The Content Architects.
- Fees to be paid by, you for the Services and/or Products.
The Content Architect sells digital and physical products and acts similarly to a shop. These can be purchased via the site.
1.1 You may purchase Products or Services only if you can form a binding contract with The Content Architects. If you are purchasing on behalf of a company, you agree that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder.
1.2 Any use or access to the Products or Service by anyone under  is strictly prohibited and in violation of these Terms.
2.1 Visitors may view all publicly-available content for their own personal, non-commercial use.
2.2 If visitors use any of The Content Architects’ free resources (for example videos, podcasts, workbooks, guides or any other resources which are free of charge from time to time) they also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.
2.3 Customers who have purchased any Product or Service, may download the items purchased onto their own machines and view for their own non-commercial use. Notwithstanding the foregoing we disclaim all liability regarding your use of such free resources and all use is entirely at your own risk.
2.4 Any items purchased or accessed for free are for you and your business only. It is not permitted for it to be shared, resold, or available to the public as a free resource unless specifically stated.
2.5 You agree not to engage in any of the following prohibited activities: (i) copying (any element), distributing, or disclosing any part of The Content Architects’ Services or Products in any medium, including without limitation by any automated or non-automated “scraping”. This includes sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Products and Services unless specified. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
2.6 We reserve the right to refuse an order or limit quantities of an order for any reason or what, in our sole judgment, appear to be placed by dealers, resellers or distributors, and those breaking this Agreement or an Order Form.
2.7 We reserve the right to discontinue any Product or Service at any time, and any offer for any Product or Service made on this site is void where prohibited.
2.8 If you are buying a Product for your company it can be used by you and shared with up to 10 people. If your company exceed that number, additional purchases must be made. If you have any doubts please contact firstname.lastname@example.org.
3. INTELLECTUAL PROPERTY
3.1 All Intellectual Property Rights and all other rights in the Site, the Product and Services shall be owned by The Content Architects. Subject to clause 3.2 and to you paying us all amounts due under the applicable Order Form, we licence such rights in the Product or Service stated in the Order Form on a non-exclusive, non-transferable, royalty-free basis, to such extent as is necessary to enable you to make reasonable use of the Product or Service.
3.2 You acknowledge and agree that, where we do not own any of the Intellectual Property Rights in the Products or Services, the Customer’s use of rights in the Products or Services is conditional on us obtaining a written licence (or sub-licence) from the relevant licensor or licensors on such terms as will entitle us to license such rights to you or you obtaining a written licence from the relevant licensor or licensors as the case may be. You authorise us to accept such third party applications’ terms and conditions on your behalf.
4.1 We may terminate your access to the Site or any of its Services or Products, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
4.2 We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason.
5. LINKS TO OTHER WEBSITES
5.1 Our Site may contain links to third-party/ external sites that are not owned or controlled by us. Some of the links on this site are ads, partners, or affiliates. This means we may make a small commission if you buy from the linked sites.
5.3 Any links which we feature are provided for convenience to you and not as an endorsement by us. The content of such external sites is developed and provided by others. We are not responsible for the content of any linked external sites and accuracy of materials on such external sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked external sites, you do so at your own risk.
6.1 By purchasing a Product or Service, downloading a free resource from our Site, or signing up to our newsletter you consent to being sent email marketing communications by The Content Architects. You can opt out at any time.
6.2 We will not at any time share your information with third parties without your permission.
7.2 We do not share any personal information or information about individual user activities with these partner entities. You can alter your cookie permission via the options in your web browser.
8. GOVERNING LAW
8.1 This Agreement, each Order Form (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of England and Wales without giving effect to any principles of conflicts of law.
8.2 In the event of a dispute arising out of or relating to these terms or an Order Form, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the London Court of International Arbitration mediation rules, which rules are deemed to be incorporated by reference into this clause.
8.3 Subject to clause 8.2, the parties irrevocably agree that in respect of any dispute or claim that arises out of or in connection with these Terms or an Order Form or their subject matter or formation (including non-contractual disputes or claims) the courts of England and Wales shall have exclusive jurisdiction.
9. ERRORS AND MODIFICATIONS
9.1 We and any of our contractors, freelancers or other third parties do not offer any guarantee as to the accuracy, performance and suitability of the content on the Site for your business requirements or personal needs.
9.2 The Products, Services and Site may include technical inaccuracies, errors or omissions. We exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Unless required by English law we are not responsible for such typographical, technical, or pricing error listed.
9.3 The website may contain information on certain Products and Services, not all of which are available in every location. We reserve the right to make changes, corrections or improvements to the website without any notice.
9.4 The Content Architects has made every effort to make sure Products and goods produced via Services are free from spelling errors and other omissions. However if , here are any mistakes, The Content Architects is not under any obligation to correct them nor do we take any responsibility for them.
9.5 In all situations, the ultimate responsibility is with you to check information provided is correct, and fit for your business. Therefore we strongly advise you to do your own research also.
9.6 For The Content Architects’ Products we are in no way responsible for content on any other website linking to events or dates, nor any statements, claims, promises and guarantees made by events or national day organisers. We do not endorse any dates featured nor are we against any not featured.
9.7 We reserve the right to modify the format of any of our Products or processes for Services as we feel is appropriate without the need for consent from customers. By doing this we are not accepting responsibility or liability for any mistakes made. It is your responsibility to make any changes needed following reissues or changes.
9.8 We reserve the right to reduce or increase the amount of information we share within our Products or Services (i.e. calendar, evaluation documents, and briefs) without notice at any time.
9.9 For some Products and Services we have provided information (i.e. hashtags, dates, and additional information) which under our sole judgement we feel may benefit your business. We do not accept any responsibility for the effectiveness of these, we do not have any control over them and do not accept any responsibility for the success of these suggestions.
10. SERVICE FEES and PAID FOR PURCHASES
10.1 For any purchases made either on or off the Site to The Content Architects, you shall pay all applicable fees and taxes. If the mailing and billing address you provided us is in the United Kingdom, all payments will be charged and made in Pounds Stirling. If the mailing and billing address you provided us is outside the United Kingdom or any of its possessions or territories, all payments will be charged and made in your local currency. There may be an additional charge if you are outside the UK. You are advised to check with your bank and credit card issuer for details.
10.2 You must provide current, complete, and accurate billing and account information. If you have purchased a subscription package you must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.
10.3 For certain aspects where a subscription fee is payable, your subscription may automatically renew according to your entitlement, and you will be charged periodically as agreed until you cancel or downgrade the Service. To cancel you must do so within the time period stated for that Product and as may be stipulated in the applicable Order Form.
10.4 Product purchases will be made online via The Content Architects’ Site.
10.5 Services will be paid for via bank transfer to the bank account shared with you on the agreement of commencement of Services.
10.6 The email address provided by you must be correct so we can contact you in case we have any issues with payment.
10.7 We reserve the right to change prices to any of our Products at any point.
10.8 We reserve the right to change prices for any Services at any point with a 30 day notice period.
10.9 All prices offered for Services (such as copy) are valid for up to 20 working days only. After this period prices may be subject to change. Any quotation given by The Content Architects is not a binding offer by us to supply such Services. Any prices set out in an Order Form remain valid for 30 days.
10.11 We have the right to refuse payment or decline any offer after further information is revealed if we do not feel for any reason our Services are suitable.
10.12 We may contact you for any quotes offered on our Services if there has been a mistake in the pricing or description of the Services or Products, or if our circumstances have changed since we gave the quotation for the Services.
11.1 We shall not give any refunds unless expressly agreed in writing by The Content Architects.
11.2 We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations or business needs.
11.3 On buying a digital Product the customer accepts that they have no right to cancel this contract or ask for a refund. If they are on a subscription package they may cancel according to the terms of the package within the agreed timeframe.
11.4 If you are a consumer, you have certain legal rights, including that the digital Products are of satisfactory quality and match their description.
11.5 In the event The Content Architects makes an exception and issues a refund (which it is under no obligation to provide), you understand and agree that you must immediately retrieve and delete all relevant Product files from any and all places you have distributed the files to and all computers you have downloaded them to. You also understand and agree that once a refund is requested you are not permitted to exploit the Product files in question and immediately upon receipt of a refund all licenses to such Product files and underlying content are revoked and you are not authorized to use the Product in any form or for any purpose whatsoever.
11.6 We are under no obligation to refund or reimburse Customers who have ordered Products or subscriptions by mistake, or have changed their mind.
12.1 You agree to indemnify, defend and hold harmless The Content Architects’, founder, partners, affiliates, contractors, freelancers, supporters, service providers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of an Order Form or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
12.2 The Content Architects will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.
12.3 The total liability of The Content Architects, its partners, affiliates, contractors, freelancers, service providers, interns or employees, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise and whether in connection with the performance or contemplated performance of this Agreement, an Order Form or any other document executed between the parties, shall in no circumstances exceed 100% of the total amount paid or payable by you under the applicable Order Form giving rise to the liability.
12.4 By agreeing to these Terms you understand The Content Architects’ offers Products and Services on an ‘as is’ and ‘as available’ basis. We give no warranty of any kind, whether express or implied, for fitness of a particular purpose regarding the Products or Services.
12.5 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a Product or Service.
13. FORCE MAJEURE
13.1 Neither the Content Architects nor the customer shall be in breach of these Terms nor liable for delay in performing, or failing to perform, any of our obligations under this agreement if such delay or failure results from events, circumstances or causes beyond our reasonable control, including but not limited to a Force Majeure Event.
14. CHANGES TO THE AGREEMENT
14.1 We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
14.2 Please review the Site and the Terms periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any subscriptions and use of Products or Services immediately.
14.3 For any uncertainties with Products, please read the FAQs related to Products and or contact email@example.com
15. ENTIRE AGREEMENT
15.1 This agreement and any Order Form constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
15.2 You agree that you have not relied on any representations made by us and/or that you have exercised independent judgement and/or sought independent advice.
16. ASSIGNMENT & SUBCONTRACTING
16.1 The Content Architects may at any time assign, mortgage, charge, subcontract, delegate or deal in any other manner with any or all of its rights and obligations under this agreement or an Order Form, provided that it gives prior written notice of such dealing to you.