Terms of Service
These Terms of Service ("Terms") govern the website rebuild, hosting and maintenance service ("Service") provided by {{COMPANY_LEGAL_NAME}} ("eMarkss", "we", "us", "our") to you ("Customer", "you"). By completing checkout and ticking the box to accept these Terms, you enter into a binding agreement with us.
1. Who we are
The Service is provided by {{COMPANY_LEGAL_NAME}}, a company registered in England & Wales under company number {{COMPANY_NUMBER}}, registered office {{REGISTERED_ADDRESS}}. Contact: hello@emarkss.com. We are registered with the ICO under {{ICO_REG_NUMBER}}.
2. The Service
We provide: (a) a rebuilt version of your existing business website ("Site"); (b) hosting of the
Site on our infrastructure with an SSL/TLS certificate, security and backups; and (c) ongoing
maintenance including reasonable text and image edits, as described on
go.emarkss.com and in §8. A free, non-binding
preview of the Site may be made available to you before purchase at a demo URL
(e.g. on demos.emarkss.com); the preview is provided for evaluation only and confers
no rights until you purchase.
3. Ordering & acceptance
You order by completing the self-serve checkout (provided via Stripe), supplying the required details, and ticking the box to accept these Terms. Your order is an offer to buy; the contract forms when we confirm your order and/or take your first payment. We may decline or cancel an order (for example for suspected fraud, or if the Site cannot lawfully be provided), in which case we refund any amounts paid for the cancelled order.
4. Pricing, billing & tax
Current prices are shown at checkout and on our pricing page. We offer two plans:
| Plan | Upfront | Recurring |
|---|---|---|
| Hybrid | {{PRICE_SETUP}} one-time setup | {{PRICE_MONTHLY}} per month |
| Monthly-only | None | {{PRICE_MONTHLY}} per month |
Indicative defaults — US: $499 + $59/mo (hybrid) or $79/mo (monthly-only); UK: £399 + £49/mo (hybrid) or £69/mo (monthly-only). The figures shown to you at checkout govern.
The monthly fee is billed in advance on a recurring basis until cancelled. For the Hybrid plan, the one-time setup fee is billed together with your first month on a single payment. Prices are exclusive of any applicable taxes (e.g. VAT/sales tax), which are added where required and shown before you pay. You authorise us (via our payment processor) to charge your payment method for all amounts due. If a payment fails, we may retry and/or suspend the Service until it is resolved.
5. Minimum term & renewal
Each plan has a minimum term of 12 months from go-live, after which it continues on a rolling monthly basis until cancelled in accordance with §7. The minimum term reflects the up-front work of building and launching your Site.
6. Refunds
Setup fee (Hybrid plan): fully refundable on a 7-day, no-quibble basis provided the Site is not yet live. Once the Site is live, the setup work has been delivered and the setup fee is non-refundable.
Monthly fees: charges already taken for the current or past months are non-refundable; instead, when you cancel, your plan continues until the end of the current paid month and is not renewed (see §7).
Nothing in this section removes any non-excludable statutory right you may have as a consumer. Because the Service is a bespoke build started promptly at your request, where you are a consumer you may be asked to acknowledge that performance begins immediately and that this can affect a statutory cancellation/“cooling-off” right once work has begun; your no-quibble refund above is offered in addition to any such rights.
7. Cancellation by you
After the minimum term, you may cancel at any time — no phone call and no retention process required — either through the self-serve billing portal we provide a link to, or by emailing hello@emarkss.com. Cancellation takes effect at the end of the current paid month; the Site and hosting are then withdrawn. You remain responsible for charges accrued up to that point and, if you cancel before the end of the minimum term, for the remaining minimum-term monthly charges unless we agree otherwise or a non-excludable right applies.
8. Edits & what's included
Included in your monthly fee are reasonable updates to existing content — wording, images, opening hours, prices, staff, contact details, and adding or tidying normal page content — requested via changes@emarkss.com. We action reasonable requests within a reasonable time during normal business hours.
Not included (quoted separately, with no obligation, and only carried out once you approve the price): brand-new custom functionality, e-commerce/online ordering, booking or payment systems, third-party integrations, copywriting from scratch, or a full visual redesign. We may treat excessive or automated edit requests as outside "reasonable use".
9. Going live & your domain
You may launch on a free eMarkss subdomain or connect a domain you own. To use your own domain, you must add the DNS records we supply (typically two: one for traffic and one to validate your TLS certificate) at your domain provider. You retain ownership of your domain at all times; we do not acquire it. You're responsible for keeping your domain registration active and for making the DNS changes (we provide instructions and assistance). We are not responsible for downtime or delays caused by your domain provider, incorrect DNS entries you make, or your failure to renew your domain.
10. Your responsibilities & content
You confirm that you are authorised to instruct the rebuild of the Site and to use all content you provide or that appears on your existing site (text, logos, images, reviews, trademarks). You will provide accurate information, keep your account/billing details current, and ensure your Site content is lawful, accurate and not infringing. You are responsible for any regulatory/professional requirements specific to your sector appearing on your Site.
11. Intellectual property
Your pre-existing content (your text, logos, photos, brand) remains your property; you grant us a licence to host, adapt and display it as needed to provide the Service. The Site as built, our templates, code, and underlying systems remain our intellectual property; while you maintain an active paid plan we grant you a non-exclusive licence to use the built Site for your business. On termination, that licence ends and we may withdraw the hosted Site; on request we will provide a reasonable export of your own content.
12. Availability & support
We aim for high availability but do not guarantee uninterrupted, error-free service; occasional downtime can occur for maintenance or causes beyond our control. Support is provided by email (hello@emarkss.com for accounts; changes@emarkss.com for edits). We do not provide telephone support; this keeps the Service simple and low-cost.
13. Acceptable use
You must not use the Service for unlawful, fraudulent, infringing, or harmful content; to distribute malware; to send spam; or in any way that could damage our infrastructure or reputation. We may remove offending content and/or suspend the Service for breach.
14. Warranties & disclaimers
We provide the Service with reasonable care and skill. Except as expressly stated and to the fullest extent permitted by law, the Service and any preview are provided "as is" and we disclaim all other warranties, whether express or implied, including fitness for a particular purpose, that the Site will achieve any particular search ranking, traffic, or commercial result. Statutory rights that cannot be excluded are unaffected.
15. Limitation of liability
Nothing in these Terms limits liability that cannot be limited by law (including for death or personal injury caused by negligence, or fraud). Subject to that, and to the fullest extent permitted by law:
- we are not liable for indirect, special or consequential loss, or for loss of profit, revenue, goodwill, data or anticipated savings; and
- our total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the total fees you paid us for the Service in that period.
16. Indemnity
You will indemnify us against claims, losses and reasonable costs arising from content you supply or instruct us to publish, or from your breach of §10 or §13, to the extent caused by you.
17. Suspension & termination by us
We may suspend or terminate the Service on notice if you materially breach these Terms (including non-payment or prohibited use) and, where the breach is capable of remedy, do not remedy it within a reasonable time. On termination for your breach, fees already due remain payable.
18. Data protection
Our handling of personal data is described in our Privacy Notice, which forms part of these Terms. Where we process personal data on your behalf as part of operating your Site, we do so as your processor on commercially reasonable terms.
19. Changes to these Terms
We may update these Terms from time to time. The current version is always at go.emarkss.com/terms with the "last updated" date above. Material changes affecting an active plan will be notified by email; continued use after the effective date constitutes acceptance.
20. Governing law & disputes
These Terms and any dispute arising from them are governed by the laws of {{GOVERNING_LAW}} (default: England & Wales), and the courts of that jurisdiction have exclusive jurisdiction, save that if you are a consumer you may also have the benefit of mandatory protections and the courts of your place of residence. We'll always try to resolve issues informally first — email hello@emarkss.com.
21. Contact
{{COMPANY_LEGAL_NAME}}, {{REGISTERED_ADDRESS}}. Email hello@emarkss.com.
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