Terms and Conditions

General

Esthetig, Esthetig Web Design are the operational names of Esthetig Ltd. Esthetig Ltd. Is registered in England and Wales as a Private Limited Company, Registration Number: 6112562, Registered office: Bethel, 26 Tan-y-Fron, Deganwy, Conwy, LL31 9YN.

These terms and conditions pertain to Esthetig Web Design and should be read in their entirity. For our other websites Terms and Conditions, please refer to those websites.

The following terms and conditions apply to services provided by Esthetig Web Design on behalf of Esthetig Ltd. Our services are web design, web development, web consultancy and copywriting.

About Esthetig Ltd

Our websites are: Esthetig Web Design: www.esthetig.com, GB Hosting: www.gbhosting.co.uk and North Wales Computer Repair: www.northwalespcrepair.com.

Throughout this document Esthetig Web Design, Esthetig and Esthetig Ltd. Will be used interchangeably.

Office Hours

Our normal office hours are:
• Monday-Thursday: 09:00 – 17:00
• Friday: 09:00 – 16:00

We are closed:

• Weekends
• UK Bank Holidays
• Christmas between 23 December – the first working day of the following January

This entire page with all its sections tells you the terms and conditions on which we supply our services described on our website https://esthetig.com to you. Our primary services are website web design, web development, web consultancy and copywriting. It should be read in conjunction with all documents on our Legal page, you must accept all terms and conditions documents found on the legal page.

We may provide links on our site to the websites of other companies whether they are affiliated to us or not. We cannot undertake that the products and/or services you purchase from companies we link to will be of a satisfactory quality, and any such warranties are disclaimed by us completely, any disclaimer does not affect your statutory rights against the third-party seller.

Acceptance

Please ready these Terms and Conditions carefully and print a copy for your records if necessary. By ordering any of our services you accept these Terms and Conditions in full. We cannot offer any services if you refuse to accept these terms, our Privacy Policy which includes our data processing policy under the European General Data Protection Regulations (GDPR) and other documents on our Legal page form part of these Terms and Conditions.

You also agree to us sending you our regular newsletter and updates about our service by email. Email is our primary form of communication with you.

By placing an order through our website or in person, you warrant that you are legally capable of entering into binding contracts, you are over the age of 18 years old and you are acting on behalf of a company or other legal form of business. You further warrant that you have the authority to bind that company or business on whose behalf you are placing an order.

Further continued use of our website implies that you fully accept and agree to our website terms and conditions found, at https://esthetig.com/website-terms/, our privacy policy, found at https://esthetig.com/privacy/ and all other documents found on our Legal page.

Privacy Statement

We are committed to protecting your privacy. Authorised employees of the company on a need to know basis only use any information collected from individual customers. Our privacy policy conforms to European General Data Protection Regulations (GDPR).

We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

For more details and details of our cookie policy see our Privacy Policy, found at https://esthetig.com/privacy/.

Confidentiality

We conform to the Data Protection Act 1998 and European General Data Protection Regulations (GDPR) and as such, any information concerning the customer and their respective records may be passed to third parties. However, customer records are regarded as confidential and therefore will not be divulged to any third party, other than our suppliers and if legally required to do so to the appropriate authorities. We do not store credit card details, nor do we share customer details with any 3rd parties.

Customers have the right to request sight of, and copies of any and all customer records we keep, on the proviso that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue customers with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by GB Hosting will only be in connection with the provision of agreed services and products.

Your Responsibilities

It is the customer’s responsibility to make sure that all contact details are up to date. This can be don by emailing support@esthetig.com with the required changes. Failure to do so may result in termination of service if GB Hosting is unable to contact you.

You must always keep your username and password private and secure and you must contact us if you believe someone else has access to your login details.

You represent and warrant that all information provided in connection with services provided by Esthetig are accurate. The customer acknowledges and agrees that all services provided by Esthetig to the customer are on an “as is” basis.  Esthetig makes no representations or warranties of any kind, express or implied, in connection with this agreement or any service provided by Esthetig, including but not limited to warranties of merchantability or fitness for a particular purpose.

Support

Support for our services is offered free by telephone or email during office hours, our phone for contact is 01492 580572 our support email is support@esthetig.com. If you require support for your hosting, please visit the GB Hosting Client Area.

Our support team will help resolve any problems you have with the services you are receiving.

Order Process

When we have discussed your new website with you, we will provide you with a proposal and quotation, this can be amended by mutual agreement.

Once you are happy with the proposal and quotation, we will send you a contract that will set out everything to carried out on your behalf and will agree the price and time-scale of the project. We send contracts out electronically using Adobe’s Send and Sign service to enable you to sign the contract electronically. We will also send an invoice for the full contracted amount, but ask you to pay the first stage’s payment not the full invoice at this point.

We will then begin work on your new website. During the development process we will provide you with a temporary website to allow you to track the progress of your website. This gives you regular opportunities to make amendments etc. as the project progresses.

One you are fully happy with the completed website, we will ask you to make the final payment on the contract. When we have received cleared funds, we will make your website live to the public.

The contract between you and Esthetig will only be formed when we send you sign the contract and make the first payment. We are not obliged to supply any of our services until such order has been accepted.

Pricing

All prices are as seen and do not include any service charges, taxes etc. The price you see is the price you pay.

The total cost of your order will be set out clearly in your quotation and contract prior to purchasing your website.

We reserve the right to amend our prices from time to time with or without notice. We will however, endeavour to notify you of any price change at least 14-days before the price change comes into force. If you do not cancel you will be deemed to have accepted the new priced and they will be charged to your account.

All quotations are valid for 30-days. We reserve the right to alter or decline to provide a quotation after the quotation has expired at the end of the 30-day period.

Payment for services is due in to stages, the first 50% at the start of the project and the final payment only due when you are fully satisfied with your new website and prior to the website going live. Payment can be made by Debit/Credit Card, BACS, or PayPal. We cannot accept cheques for the payment of any of our services.

For all web work, there is a minimum charge of 30 minutes. All our work is charged at 30-minute intervals, rounding up to the nearest 30 minutes.

Despite our best efforts, due to the number of services we offer, some of our services may be priced incorrectly. We will deal with this situation as follows:

  • Where the correct price is less than our stated price, we will charge the lower price when accepting your order.
  • If the correct price is higher than the price stated on our website, we will normally contact you for your instructions before accepting your order.
  • We are under obligation to provide services to you at the incorrect, or lower price, even after we have sent you an acceptance confirmation.

Payment

All payments shall be made in Pounds Sterling (GBP).

Esthetig does not offer any form of credit; all invoices must be paid upon receipt.

If any overpayment is made, this will normally be held on your account as a credit, unless you request full payment.

For all services provided by Esthetig Ltd, you will be provided with a single invoice for the full cost of the service.

Invoices are normally sent via email; however, you may choose to receive hard copies by requesting these from our office.

If any overpayment is made, this will normally be held on your account as a credit, unless you request full payment.

The customer agrees to reimburse Esthetig for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock images etc.

All payments are made using either debit/credit card, BACS or PayPal.

Esthetig will send an invoice for the full amount to you at the start of the project, we ask that you pay 50% of the invoice before the start of the project. The remaining 50% will be paid once you are happy with the work and before the site goes live on your hosting account.

Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen payment method is not authorised by your debit/credit card provider or your bank, you authorise us to seek payment from any other debit/credit card or direct debit registered against your account.

If we fail to authorise payment your order may be cancelled.

Default

Accounts unpaid thirty days after the due date of the invoice will be considered as default.

Any payments returned due to insufficient funds will immediately place the customer’s account in default until full payment is received.

Customers with accounts in default agree to pay Esthetig Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Esthetig in enforcing these Terms and Conditions.

We reserve the right to seek recovery of outstanding amounts due by you by any means, including referring the debt to an external debt recovery agent if necessary, you will be responsible for all fees and charges incurred if we use an external debt recovery agent. You agree to pay such charge in addition to the amount you owe us.

Refunds, Cancellation and Cooling-Off Period

Your statutory rights are not effected by any of our terms and conditions and these remain in force and are considered before any of our terms.

If you are buying as a consumer (not within the course of your business), normally the Consumer Contract Regulations 2013 allow you to cancel the contract anytime within 14-calendar days, beginning on the day after you received the Acceptance Confirmation, this is sent out when you accept the proposal and quotation.

However, by placing your order for the services, this is done by signing the contract and making the first payment on the contract, you agree to us starting supply of those services before the end of the cancellation period referred to here. As such, you will not have the right to cancel the contract under the Consumer Contract Regulations 2013.

Once work has began on your website we cannot provide you with a refund of the first payment for your your website. However, if work hasn’t begun we will provide you with a refund on a pro-rata basis. You agree that we can reduce this refund amount to cover reasonable costs on our part.

If we have purchased a domain name on your behalf we cannot provide a refund of the price of the domain and the licence for the domain remains your property until expiry.

Where hosting has been provide, you agree to pay for a whole month where the contract is cancelled during a month and all previous month’s hosting fees cannot be refunded.

Quality of Service

We warrant (subject to other provisions of these terms and conditions and all documents on our Legal page) that any services you purchase from us through our website or by other means will be provided with reasonable care and skill.

We will not be liable for a breach of this warrant above unless:

  • You give written notice of the breach to us
  • We are given reasonable opportunity after receiving the notice to put things right
  • The problem arises because you failed to follow our oral or written instructions as to the use of the services
  • You alter the services without written consent
  • The problem arises because of misuse

If we are in breach of the warranty in accordance with the above, we will use all reasonable commercial efforts to remedy the breach promptly or refund the price of the services at the pro-rata contract price.

By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed by us in writing. Nothing will exclude or limit our liability to you for fraudulent misrepresentation.

Web Design & Development Terms and Conditions

Customer Review

Esthetig will provide an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed on a test server for the customer to review the work. Such materials will be deemed to be accepted and approved unless the customer notifies Esthetig otherwise within ten days of the date the materials are made available to the customer on the test server.

Turnaround Time and Content Control

Esthetig will install and publicly post or supply the customer’s website by the date specified in the project contract, or at a date agreed with the customer upon Esthetig receiving the initial payment, unless a delay is specifically requested by the customer and agreed by Esthetig.

In return, the customer agrees to delegate a single individual as a primary contact to aid Esthetig with progressing the project in a satisfactory manner.
During the project, Esthetig will require the customer to provide website content (text, images, movies, sound files etc.) in a timely fashion.

Failure To Provide Required Website Content

Esthetig is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure your work is completed at the time arranged.

Therefore, we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed timeframe and we are delayed as a result, we reserve the right to put the project on hold. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do so within two months of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.

Content Format

Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agree on website pages. Photos and other graphics should be delivered to us in as large a format as possible, we can make a cloud drive folder available to send these files as required.

Using your new websites content management system, you can keep your content up to date yourself.

Standard Media Delivery

Unless otherwise specified in the project contract, this agreement assumes that any text will be provided by the customer in electronic format (ASCII text files delivered via email, FTP, DVD or cloud drive) and that all photographs and other graphics will be provided in a high-quality format in .gif, .jpeg, .png or .tiff format.

Although every reasonable attempt shall be made by Esthetig to return to the customer any images or printed materials provided for use in the creation of the customer’s website, such return cannot be guaranteed.

Web Browsers

Esthetig makes every effort to ensure websites are designed to be viewed by most visitors, we design all our websites to be responsive. Websites are designed to work with the most popular current browsers (e.g. Google Chrome, Firefox, Internet Explorer 10 and above etc.), devices and screen sizes. The customer agrees that Esthetig cannot guarantee the correct functionality with all browser software across different systems.

Esthetig cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the customer, or old versions of browsers (we do not support Internet Explorer below version 9 as part of this contract). As such, Esthetig reserves the right to quote for any work involved in changing the website design or website code for it to work with updated (or older) browser software.

Mobile Devices

We endeavour to ensure your site adapts to the screen resolution being used to view it on the most common mobile devices available at the time of the site creation. However, new devices and technology are introduced at frequent intervals and we cannot guarantee the site will always function perfectly on new devices that are created and launched after the site goes live.

Design Credit

A link to Esthetig will appear in either small type or graphic at the bottom of the customer’s website. If a customer requests that the design credit is removed, a nominal fee of 10% of the total development charges will be applied. When the total development charges are less than £5000, a fixed fee of £500 will be applied. The customer also agrees that the website developed for the customer may be presented in Esthetig’s portfolio.

Access Requirements

Normally, websites created by Esthetig will be installed on our hosting servers.

However, the customer can request that the website is to be installed on a third-party server. In this case, Esthetig must be granted temporary read/write access to the customer’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also be needed to be configured on the server.

The customer is strongly advised to make use of Esthetig’s servers for e-commerce and content management systems. In addition to the standard cloud servers, Esthetig can provide VPS and Dedicated Servers.

Post Placement Alterations

Esthetig cannot accept responsibility for any alterations caused by the customer or a third party occurring to the customer’s pages once installed. Such alterations include but are not limited to additions, modifications or deletions.

Completion Of Work

The website is provided to and accepted by the customer as a fully functioning, completed work. By paying the final invoice the customer is agreeing to the site to go ‘live,’ the customer is accepting that they have checked and are fully satisfied with the site.

Any future structural or design changes to the site may require the issuing of a new contract.

At the completion of the project, the customer can request the entire project to be made available on DVD to ensure you have a backup of the site at the point of it going live. Esthetig cannot guarantee to keep copies of website files once the website has gone live.

Esthetig are not by default responsible for the customer’s on-going website promotion unless the customer has a full search engine marketing agreement in place with Esthetig.

A web design contract does not normally include full search engine marketing agreements. If the customer requires the site to be promoted on an ongoing basis a separate contract must be agreed with Esthetig.

The order in which websites are ranked in the search results is controlled by the search engines. Esthetig will endeavour to ensure that your site is successful in the search engine rankings through a carefully optimised design.

However, search engines frequently change their retrieval methods and the customer accepts that Esthetig cannot be held responsible for rankings under this contract.

Third Party Alterations Of Your Website

Should you wish for another web agency or individual to be involved in the technical aspects of your website or add new sections (instead of us) then the following terms apply:

Should you wish for us to collaborate with the other agency or individual you have employed and wish for us to manage the technical aspects and integration with the work we have produced for you, then we can maintain your websites warranty in most cases.

However, in most cases, should you wish for another company or individual to work on the technical elements of your website or the administration system then this will void your websites warranty with us. We can’t provide our warranty if third parties are involved in the technical aspects as we can’t warranty aspects we don’t have control of. So, we would recommend working in collaboration with any third-party web agencies and managing the integration with the work we have produced so that we can maintain your warranty.

Should the other company or individual you employ require our assistance or time (e.g. implementing work you have contracted them to do), we reserve the right to charge you at our standard hourly rate for this time. These are costs we must cover.

Third Party Hosting

If the website is to be hosted by a third party, then the customer accepts that we have no control over the server performance, security or backup policies on that server and the customer agrees that we have not responsibility or requirement to compensate for any loss of revenue or damage to reputation caused by poor performance, malicious behaviour on the website, downtime or data loss as a result of the customer’s third party hosting platform and backup strategy.

If the customers require Esthetig to repair or restore a site on an external host, then additional fees will be payable. We cannot always guarantee to successfully restore a customer’s website to a third-party host as we will not have the up to date files for the website and cannot guarantee to have retained any copies of the website whatsoever.

Esthetig provides Daily Backups, the customer can request their site be restored to any day within the previous 30-day period. Esthetig cannot make any guarantee that this restore will be successful in any way. If the restore process results in any loss of data, the customer agrees to not hold Esthetig liable in any way.

Hosting Services

It is your responsibility to ensure that necessary arrangements for access to hosting services are in place. Where Esthetig provide hosting it will be provided by GB Hosting and you agree to all terms and conditions at https://gbhosting.co.uk/legal/

Domain Names

It is your responsibility to ensure that necessary arrangements for access to hosting services are in place. Where Esthetig provide domain registration, it will be provided by GB Hosting and you agree to all terms and conditions at https://gbhosting.co.uk/legal/

Esthetig will hold the intellectual copyright of any material, including any source code and original images created for the customer until payment of the final invoice. It will then become the property of the customer.

The customer retains the copyright to data, files and graphic logos and images provided by the customer and grants Esthetig the rights to publish and use such material.

The customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The customer accepts full legal responsibility for ensuring that any materials such as images, text, animations etc. they provide Esthetig does not infringe any copyright.

The customer is further responsible for granting Esthetig permission and rights for use of the same and agrees to indemnify and hold harmless Esthetig form any and all claims resulting from the customer’s negligence or inability to obtain proper copyright permissions.

The acceptance of the contract by electronic signature or payment of the first invoice for website design and/or placement shall be regarded as a guarantee by the customer to Esthetig that all such permissions and authorities have been obtained.

Evidence of permissions and authorities may be requested.

The customer agrees to provide Esthetig with any attribution that the copyright holder requires so this can be added to the website in the manner the copyright holder requires.

Certain images provided by Esthetig in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licenced for use on a single website and may not be used in publicity material unless otherwise agreed with the copyright holder.

Third Party Rights and Transfer of Rights and Obligations

Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

The Contract is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Esthetig is happy to help with transfers that meet the above conditions, with the following exceptions.

  • If your website has been designed by us, we require your site to be hosted for a minimum of twelve months on our servers.
  • If there is any outstanding balance on your account, we cannot allow the transfer until the account is fully paid.
  • If the website has been designed by us, we will require you to sign an additional contract to ensure our intellectual property remains with us. In most cases, we can provide you with a copy of your website but this may be in a compiled format so our source code is not replicated or misused.
  • Any warranties or guarantees we have given you will end as soon as the website is transferred to your new host.

Suspension, Termination and Severability

  • We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Design and Development Services. When a breach of the contract has occurred, we may take such action as we deem appropriate

If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Esthetig reserves the right to suspend, cancel, transfer or modify the customer’s usage of Esthetig’s services in the event that the customer materially breaches this agreement. The customer or guests on their premises are physically or verbally abusive to our engineers – we always report such offences to the police. The customer uses any service provided by Esthetig in connection with an unlawful activity.

Grounds arise for such suspension, cancellation, transfer or other modification as provided in this agreement.

The customer acknowledges and agrees that

  • providing inaccurate information
  • Failing to update information promptly
  • Failing to respond to Esthetig’s inquiries concerning the accuracy of contact details within fifteen (15) calendar days of the request

Shall constitute a material breach of this agreement and will be sufficient basis for cancellation of services provided by Esthetig.

Termination of services by the customer must be requested in a written notice and will be effective on receipt of such notice. Requests for termination of services must be in writing either by email or letter, telephone requests cannot be accepted. The customer will be invoiced for design work completed to the date of the first notice of cancellation for payment in full within thirty days.

Where Esthetig terminates a customer’s account any outstanding monies on the account will remain payable and will result in Esthetig seeking repayment of the outstanding monies and reasonable expenses through the courts.

Indemnity

All Esthetig services may be used for lawful purposes only. You agree to indemnify and hold Esthetig Ltd harmless from any claims resulting from your use of our service that damages you or any other party.

The customer agrees to defend, indemnify and hold harmless Esthetig Ltd and any third-party appointed by Esthetig Ltd as its agent and any of Esthetig’s officers, directors, employees, representatives, agents, affiliates, from and against any claim, action, suit, demand, loss, damages, costs (including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the use of any of Esthetig’s services.  This indemnification is in addition to any indemnification required from time to time by Esthetig.

You also agrees that in the event of disputes arising with any third-party, the customer shall indemnify and hold Esthetig Ltd harmless pursuant to the terms and conditions contained in these terms and conditions.

Our Liability

We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.

Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider.

No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.
All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

We do not exclude or limit in any way our liability:

  • for death or personal injury caused by our negligence;
  • for fraud or fraudulent misrepresentation
  • for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

  • loss of income or revenue
  • loss of business
  • loss of profits or contracts
  • loss of anticipated savings
  • loss of goodwill
  • loss of software or data
  • wasted expenditure (such as pay per click advertising costs)
  • wasted management or office time
  • Loss or damage caused by an inaccuracy
  • Loss or damage caused by an omission
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website
  • Loss or damage to customers’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise

Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 1 month or 12 months preceding the event giving rise to the liability in question (depending whether you pay monthly or annually for your services).

You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services.

Where you buy any product or service from a third-party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.

The entire liability of Esthetig to the customer in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this agreement which, with any contract document, forms the complete agreement in respect of which the breach has arisen. The customer agrees that Esthetig’s total liability under these conditions will not exceed the total amount of fees paid by the customer to us for this project.

We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of our servers. All damages shall be limited to the immediate termination of service.

For our computer services, Esthetig’s liability of any kind with respect to the services including any negligence or delay in delivery of service on its part, or loss of equipment or media, shall be limited to the fee charged for services rendered.

The customer must be aware of the inherent risks of damage to media or equipment that is involved when undergoing data recovery or computer repairs, including without limitation, risks due to destruction or damage to the media or equipment and/or data stored and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Esthetig.  The customer agrees not to hold Esthetig responsible for any damage or loss of equipment or media or data.  In case of any damage or loss to the original media or equipment, the liability of Esthetig shall be limited the fee charged for the services rendered.

The maximum aggregate liability of Esthetig to the customer whether in contract, tort or otherwise for any direct loss or damage including to tangible property suffered by the customer as a result of any default of Esthetig shall be limited to an aggregate to the lesser of £100 or an amount equal to the sums paid by the customer in respect to fees charged for the services rendered.

Esthetig shall not be liable to the customer whether in contract, tort or otherwise and even if foreseeable by or in the contemplation of Esthetig for any loss of profits, business, revenue, goodwill or anticipated savings, whether sustained by the customer or any other person.  Esthetig shall not be liable to the customer whether in contract, tort or otherwise for any special, indirect or consequential loss whether sustained by the customer or any other person.

Any advice or recommendations given to the customer by Esthetig or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing by Esthetig, is followed or acted upon entirely at the customer’s own risk  and accordingly Esthetig shall not be liable for any such advice or recommendation which is not so confirmed.

While Esthetig will make every effort to preserve the integrity of any equipment under repair, the customer agrees not to hold Esthetig responsible for any accidental damages to the equipment in its possession including, but not limited to surface scratches, deformations and cracks.

Waiver

If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions and/or all terms and conditions on our Legal page, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.

We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

This condition does not affect your statutory rights.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control  a “Force Majeure Event”.

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:

  • misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of public or private telecommunications networks; and
  • the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Complaints

We like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve our services with valid feedback from our customers. If you wish to make a complaint about a service you have received, please submit an email to us at support@esthetig.com including as much detail from the issue you have. We will acknowledge your complaint within one business day and aim to resolve any issues within five business days.

Violations of these terms and conditions should be referred to support@esthetig.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Additional Terms and Conditions

Additional terms and conditions may apply for our offers. Is so, you will be advised of them at the relevant point.

Entire Agreement

These terms and conditions and any document expressly referred to in them (including all documents on our Legal page) represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

Governing Law

This agreement shall be governed by English Law in the courts of England and Wales.

Changes to Our Terms and Conditions

Esthetig reserves the right to change these conditions from time to time as it sees fit and with or without prior notice. Your continued use of our services will signify your acceptance of any adjustment to these terms.

You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.