Terms and Conditions of Online Sales

General

Delivery

All UK items that require delivery are sent Royal Mail First Class Signed For.

Cancellations and Returns for Consumers

From 13 June 2014, the Consumer Contracts Regulations, which implement the Consumer Rights Directive in UK law, came into effect. The regulations apply to items bought online, at a distance, or away from a trader’s premises.

Your right to cancel tangible goods

You have a right to cancel an order for tangible goods which starts the moment you place your order and ends 14 days from the day you receive your goods. You must notify us of your intention to cancel within this 14 day period. You must then return the goods in a saleable condition within a further 14 days.

Returning goods after cancelling an order is at your own expense.

You will receive a refund within 14 days of either us receiving the goods, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.

A deduction in your refund may be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary. The extent to which a customer can handle the goods is the same as it would be if you were assessing them in a shop.

Your refund may include delivery costs from the original order. However, if you opted for an enhanced service (for example, guaranteed next day delivery) we will only refund the basic delivery cost. If delivery was not charged in the original order, no refund for delivery costs will be made.

Bespoke and personalised items are exempt from cancellation. During checkout, please make sure that you have ordered the correct sizes and quantity.

Your right to cancel services

You have a right to cancel an order for services which starts the moment you place your order and ends when the service commences or within 14 days, whichever is the sooner. You must notify us of your intention to cancel within this period.

You will receive a refund within 10 working days of us removing the service from your account.

Cancellations and Returns for Business Customers

Return and refund policies are listed in the Terms and Conditions for the service you are purchasing.

Web Hosting

Our web hosting terms and conditions govern what kind of content you can and can’t host on our servers.

1. Acceptable usage policy

The Acceptable Usage policy sets out the terms under which you may use the Web Hosting Services we provide. The use of our Hosting Services means that you accept, and agree to abide by all the policies stated below.

1.1 Website Content
1.1.1. The client agrees that web pages and files uploaded to servers will not violate any local, national or foreign laws or regulations; infringe on any intellectual property rights of McGregor Media or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to McGregor Media or any third party.
1.1.2. Customers may not run IRC, bots, or clients.
1.1.3. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore or softcore pornography or links to such sites, copyrighted music files, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers.
1.1.4. McGregor Media will be the sole and final arbiter as to what constitutes a violation of this policy.
1.1.5. McGregor Media does not normally monitor the contents of clients’ servers; however, if suspicion occurs, McGregor Media reserves the right to investigate and terminate the client’s subscription to the service without notice.

1.2 Spam
1.2.1. Unsolicited email or “spam” originating from a server located on our network or associated with a McGregor Media server is not tolerated.
1.2.2. This includes any email that promotes websites hosted on a server located on the McGregor Media network, but is sent from an email address not associated with that account.
1.2.3. The client shall not use their McGregor Media services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process.
1.2.4. McGregor Media reserves the right to deactivate or terminate any account upon any indication of such activity without notice.

1.3 Backups
1.3.1. McGregor Media takes a daily automated backup of all hosting accounts.
1.3.2. McGregor Media provides the tools needed to create backups of account data for hosting-only clients. It is the responsibility of the client to keep up-to-date archives of their backed up data.
1.3.3. Clients’ data is stored on a storage platform with hardware redundancy to protect against data loss through hardware failure but we are not responsible for data loss caused by Client error.

1.4 Unauthorised Scripts and Executables
1.4.1. The customer agrees not to run any scripts, executables, proxys or other programs or processes on McGregor Media’s servers that will any any way adversely affect the performance of said servers.

1.5 Unlicensed Software
1.5.1. The customer agrees only to use properly licensed third party software on McGregor Media’s servers.

1.6 Intellectual Property
1.6.1. The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. McGregor Media are required by law to remove or block access to any content upon notice of copyright infringement.

1.7 Viruses and other Destructive Activities
1.7.1. Use of McGregor Media’s systems for creating or sending malicious, destructive or nuisance code, examples of which but are not limited to, viruses, worms, Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited and in breach of this agreement.

1.8 Child Pornography
1.8.1. The use of McGregor Media’s systems to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. We are required by law to notify the Police if we become aware of the presence of child pornography on, or being transmitted through our systems.

1.9 Data Warehousing
1.9.1. The servers provided by McGregor Media are intended for web services use only. Any user of our servers for file storage, data warehousing, backup data storage, mirror sites or any form of data file storage or management is prohibited.

1.10 Peer to Peer / File – Media Sharing / Streaming
1.10.1. The customer will not run services or software related to Peer to Peer file sharing, bit torrent or any website providing media or file streaming / sharing. Media streaming requires a specific apache setup, which we can only provide on a separate platform.

1.11 Other Prohibited Activities
1.11.1. Engaging in any activity that, at McGregor Media’s absolute discretion, disrupts, interferes or is harmful to our services, business, operations, reputation, customers or ability of our customers to use our service is prohibited.

2. Fees and Charges

2.1 Payment of Fees
2.1.1. Fees are payable in Pounds Sterling by the following methods:
2.1.1.2. Credit or debit card – credit and debit card transactions are handled by Stripe or PayPal.
2.1.1.2. Bank deposit or transfer – our bank account details will be shown on your invoice. Please ensure you add your invoice number to the payment reference.
2.1.1.3. Direct debit – direct debits are handled by Go Cardless.
2.1.1.4. PayPal – please ensure you add your invoice number to the payment reference.
2.1.2. McGregor Media reserves the right to restrict payment methods without notice and without giving reason.
2.1.3. Full payment is required in advance, before the hosting service is established. For web design customers, your hosting is live as soon as it is paid for but your hosting period will not start until your site is launched.
2.1.4. Web hosting invoices will be based on your last hosting period – for example, if you purchased six months hosting, your renewal invoice will be for a further six months. The change your hosting period, please contact support and we will send an updated invoice.
2.1.4.1. For clients paying annually, we will send an invoice to your registered email address no less than seven days before your hosting is due to expire.
2.1.4.2. For clients paying monthly, we will send an invoice to your registered email address one day before your hosting is due to expire unless paying by direct debit, which will be no less than seven days in advance.

2.2 Non-Payment of Fees
2.2.1. Payment is due on or before your current hosting expiry date.
2.2.2. If payment is not made by 7 days after the expiry date we will suspend your hosting account and you will not be able to access your website or associated email accounts.
2.2.3. If payment still has not been made by 28 days after the expiry date, McGregor Media reserves the right to cancel the Client’s web hosting and delete any related files from the server.
2.2.4. By cancelling the Client’s web hosting or removing the web site from the internet, McGregor Media does not remove the Client’s obligation to pay any outstanding monies owing.

3. Cancellations and Refunds

3.1 Cancellations and Refunds
3.1.1. Should you wish to cancel during the first 14 days of your hosting, please let us know as soon as possible. Your hosting will be cancelled and we will refund your hosting charges. Please allow 10 working days for cancellations to be processed. If you need further information please contact us.

4. Interpretation

4.1 Jurisdiction
4.1.1. This Agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal action or claim arising from the contract between McGregor Media and the Client. The said contract is void where prohibited by law.

4.2 Survival of Contract
4.2.1. Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

4.3 Change of Terms and Conditions
4.3.1. These terms & conditions may change from time to time. The Client will be informed of revisions as and when they are issued. Web Hosting Terms and Conditions were last updated on 8 September 2017.

WordPress Maintenance

Our WordPress Maintenance terms and conditions govern what you can expect from us and what we can expect from you in relation to our WordPress Maintenance packages.

1. WordPress Maintenance requirements

There are certain requirements that the Client must fulfil in order for McGregor Media to effectively maintain their WordPress site. McGregor Media will not be held responsible for any issues that occur if the Client has not fulfilled these requirements.

1.1. Administrator account
1.1.1. McGregor Media will require a user account with the Administrator role on your site. We will not disclose the login credentials of this account to third parties or make unauthorised changes to your site under any circumstances.
1.1.2. The Client will be responsible for user accounts.

1.2. FTP (File Transfer Protocol)
1.2.1. McGregor Media will require a FTP account to upload and download files. We will not disclose the login credentials of this account to third parties or upload unauthorised files to your server under any circumstances.
1.2.2. The Client will be responsible for FTP accounts.

2. WordPress core, plugins and themes

Definitions of WordPress core files, plugins and themes, and terms and conditions that involve them.

2.1. WordPress core
2.1.1. WordPress core refers to the directories and files that comprise WordPress, available from WordPress.org.
2.1.2. The Client agrees that they will not edit any WordPress core files.
2.1.3. Any issues that arise from the editing of WordPress core files will be charged at four times our standard maintenance charge hourly rate to repair.

2.2. WordPress plugins
2.2.1. A plugin is software that expands the core functionality of WordPress. “Plugins” refers to the directories and files that comprise a WordPress plugin, whether it is a free plugin from the WordPress repository, a bespoke plugin built by McGregor Media or a premium plugin purchased from a software marketplace.
2.2.2. The Client agrees that they will not edit any WordPress plugin files.
2.2.3. Any issues that arise from the editing of WordPress plugin files will be charged at four times our standard maintenance charge hourly rate to repair.

2.3. WordPress themes
2.3.1. A theme is software that defines the visual design of a WordPress site. “Themes” refers to the directories and files that comprise a WordPress theme, whether it is a bespoke theme built by McGregor Media or a premium theme purchased from a software marketplace.
2.3.2. The Client agrees that they will not edit any WordPress theme files.
2.3.3. Any issues that arise from the editing of WordPress theme files will be charged at four times our standard maintenance charge hourly rate to repair.

3. WordPress updates

Updates to WordPress core, plugins and themes are released on an ongoing basis to fix bugs and offer new or improved functionality.

3.1. WordPress core updates
3.1.1. Minor updates (point updates – 4.1.1, 4.1.2, etc) will be performed automatically by your site if automatic updating has not been disabled. If an automatic update has not been triggered by 48 hours after its release, we will update your site manually.
3.1.2 Major updates (4.1, 4.2, 4.3, etc) will not be performed automatically by default. We will update your site within 48 hours of the update release. We will take a backup of your database before all major updates.

3.2. WordPress plugin updates
3.2.1. We will update plugins installed on your site within 48 hours of their release if updating via the WordPress update functions.
3.2.2. Plugins purchased from a marketplace that cannot be updated via the WordPress update functions will be updated via FTP within 48 hours of receiving the plugin files from the Client.
3.2.3. Plugin updates that require premium theme templates to be updated will be performed within 48 hours of receiving the updated theme files from the Client unless not updating the plugin poses a security threat to the site. In these cases the plugin will be updated within the standard timescale.

3.3. WordPress theme updates
3.3.1. We will update themes installed on your site within 48 hours of their release if updating via the WordPress update functions.
3.3.2. Themes written by McGregor Media will be updated as and when necessary to function with altered core or plugin functions.
3.3.3. Themes purchased from a marketplace that cannot be updated via the WordPress update functions will be updated via FTP within 48 hours of receiving the plugin files from the Client.

4. WordPress security

This section applies if your package includes security.

4.1. WordPress security plugins
4.1.1. McGregor Media will, within 48 hours of receiving Administrator login credentials from the Client, install a security plugin on your site that will scan your WordPress folders for suspicious files and compare plugin and theme files against originals in the WordPress repository. Plugins and themes purchased from a marketplace will not be compared.
4.1.2. The scans and comparisons will be performed no less than once per week.
4.1.3. McGregor Media will act as necessary on the reports from the security plugin.
4.1.4. The Client agrees not to change the settings of the security plugin without prior authorisation from McGregor Media.

4.2. WordPress backups
4.2.1. McGregor Media will, within 48 hours of receiving Administrator login credentials, install a backup plugin on your site that will backup your database daily (usually overnight) and send the backup as a zipped file by email to McGregor Media.
4.2.2. McGregor Media backup all media files on your site once per week, starting within 48 hours of the Client supplying us with FTP credentials.
4.2.3. McGregor Media will store one backup at any one time. This backup will be replaced by the latest backup.

4.3 Premium security plugins
4.3.1. McGregor Media will, within 48 hours of receiving Administrator login credentials from the Client, install a security plugin on your site with a premium package licence that will scan your WordPress folders for suspicious files and compare plugin and theme files against originals in the WordPress repository. Plugins and themes purchased from a marketplace will not be compared.
4.3.2. The scans and comparisons will be performed daily.
4.3.3. The plugin will also add the following functions:
4.3.3.1. Real time updated firewall rules
4.3.3.2. The latest malware signatures
4.3.3.3. Malicious IP updates
4.3.3.4. Two factor authentication
4.3.3.5. Country blocking
4.3.3.6. Advanced comment spam filter
4.3.4. McGregor Media will act as necessary on the reports from the security plugin.
4.3.5. The Client agrees not to change the settings of the security plugin without prior authorisation from McGregor Media.

5. WordPress expansion

This section applies if your package includes expansion.

5.1. WordPress plugin suggestions
5.1.1. As McGregor Media works with clients, we get to know what a client is looking for from their site. We will suggest plugins, free or paid, that may enhance visitors’ experience on the Client’s website.
5.1.2. The Client is under no obligation to install any plugin suggested by McGregor Media.

5.2 WordPress plugin assistance
5.2.1. If the Client would like a suggested plugin installed on their site, McGregor Media will offer assistance, without extra charge, to install and configure the plugin.

6. Fees and charges

6.1. Payment of fees
6.1.1. Fees are payable in Pounds Sterling by the following methods:
6.1.1.1. First payment by credit or debit card. Credit and debit card transactions are handled by either Stripe or PayPal.
6.1.1.2. Future payments are by direct debit. Direct debits are handled by Go Cardless.
6.1.2. McGregor Media reserves the right to restrict payment methods without notice and without giving reason.
6.1.3. Full payment of the first invoice is required in advance, before the service is established.
6.1.4. We will send an invoice to your registered email address seven days before your direct debit is due.

6.2. Non-payment of fees
6.2.1. Payment is due on or before your current expiry date.
6.2.2. If payment is not made by 7 days after the expiry date we will suspend your maintenance package and we will not perform any maintenance on your site. McGregor Media will not be held responsible for any issues that arise on your site in these circumstances.
6.2.3. If payment still has not been made by 28 days after the expiry date, McGregor Media reserves the right to cancel the Client’s WordPress maintenance package.
6.2.4. By cancelling the Client’s WordPress maintenance package, McGregor Media does not remove the Client’s obligation to pay any outstanding monies owing.

7. Cancellations and refunds

7.1. Cancellations and refunds
7.1.1. Should you wish to cancel during the first 14 days of your maintenance package, please let us know as soon as possible in writing, by email or via the linked form. Your package will be cancelled and we will refund any charges paid. Please allow 10 working days for cancellations to be processed.
7.1.2. After the first 7 days of your maintenance package, you must give one calendar month’s notice of cancellation. Please let us know of your intention to cancel in writing, by email or via the linked form. Your package will be cancelled after the notice period.
7.1.3. McGregor Media will not perform any maintenance on your site after the package has been cancelled and will not be held responsible for any issues that arise on your site after the cancellation date.

8. Interpretation

8.1. Jurisdiction
8.1.1. This Agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal action or claim arising from the contract between McGregor Media and the Client. The said contract is void where prohibited by law.

8.2. Survival of contract
8.2.1. Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

8.3. Change of terms and conditions
8.3.1. These terms & conditions may change from time to time. The Client will be informed of revisions as and when they are issued. WordPress Maintenance Terms and Conditions were last updated on 7 September 2017.