Terms Of service

Terms of service isometric header conor bradley digital agency

Our Agreement

Conor Bradley – Digital Agency and you have agreed to these Terms of Service.

This Agreement establishes the general terms and conditions for your use of Conor Bradley – Digital Agency’s products and services. You agree to be bound by this Agreement by using the Services. You are not permitted to use or access our Services if you do not agree to the terms of this Agreement.

Additional Policies and Agreements

Use of the Services are also governed by the following policies:

Anti-Spam Policy

Privacy Policy

Refund Policy

Cookie Policy

Acceptable Use Policy

Additional conditions may apply to certain Services, such as if you purchase a domain name, in which case the domain name agreement will also apply.

Account Eligibility

You must be 18 years of age or older to register or use one of our services. Users must be 18 years old or older to utilise our services. You are unauthorised and in violation of this Agreement if you are under the age of 18.

It is your duty to provide correct, up-to-date, and full information on the registration forms, including an email address that is distinct from the domain you are registering with.

We will utilise the primary email address we have on file if there is ever an abuse issue or we need to contact you. It is your duty to ensure that your account’s contact information is correct.

Conor Bradley – Digital Agency is not liable for any lapses in the Services, including any expired domain registrations caused by outdated contact information.

Please contact our sales staff through email or update your contact information using the Conor Bradley – Digital Agency Billing and Support System if you need to verify or amend your contact information.

Your account may be terminated if you provide incorrect contact information of any sort.

You agree to be entirely liable for all activities that occur through your account and for any acts that occur through your account. It is your duty to keep your password and other account security details up to date.

Transfers

We will make every attempt to assist you with transferring your website to us. For up to ten cPanel accounts, transfers are provided as a courtesy service (additional migrations are available at our standard hourly admin rate). Your existing server must provide us with a FULL cPanel backup, and the compressed account size must not exceed 1 GB.

We cannot promise that an account transfer will be available, possible, or completed within the timeframe specified. Each hosting business is set up differently, and some hosting systems keep data in an incompatible or proprietary format, making migration of some or all account data exceedingly difficult, if not impossible. We may not be able to help you move data from an old host in some circumstances. The free transfer service is valid for thirty (30) days from the date of sign-up.

A fee will be charged for transfers made outside of the thirty (30) day period; please contact a member of our Transfers department for a pricing quotation. Conor Bradley – Digital Agency will not be held responsible for any lost or missing data or files as a result of a transfer to or from Conor Bradley – Digital Agency. In all cases, you are completely responsible for backing up your data.

Conor Bradley – Digital Agency Content

Except for User Content (defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio, and other files, and their selection and arrangement, as well as all software used to provide the Services (collectively, “Conor Bradley – Digital Agency Content”), is the exclusive property of Conor Bradley – Digital Agency or Conor Bray. Other than as expressly permitted in this Agreement, Conor Bradley – Digital Agency Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, or exploited for any purpose in any form or by any means, in whole or in part. You may not reverse engineer, decompile, disassemble, or otherwise try to obtain source code or other trade secrets from any Conor Bradley – Digital Agency Content, whether directly or indirectly. Any use of Conor Bradley – Digital Agency Content other than as expressly permitted above is prohibited, and your licence to use the Services and any Conor Bradley – Digital Agency Content will be automatically terminated. Conor Bradley – Digital Agency and Conor Bradley – Digital Agency’s licensors reserve all rights to use Conor Bradley – Digital Agency Content not explicitly granted in this Agreement.

User Content

On or via the Services, you may be able to post, save, publish, display, and distribute information, text, pictures, videos, and other material (collectively, “User Content”). Any content uploaded by you or by users of any of your websites hosted via the Services (“User Websites”) is considered User Content. Any and all User Content, as well as any transactions or other activity undertaken on or via User Websites, are completely your responsibility. By posting or distributing User Content on or through the Services, you represent and warrant to Conor Bradley – Digital Agency that you have all necessary rights to post or distribute such User Content, and (ii) such posting or distribution does not infringe or violate the rights of any third party.

Your /home/ directory, on the other hand, cannot be used to store backups. cPanel/WHM/Third-Party apps are included. Every night, all of our websites are automatically backed up at a third-party location. If you want to do your own backups, you’ll need to buy block storage from us for £29.95 per month per 150GB. Conor Bradley – Digital Agency has the right, in our sole discretion, to delete any files that violate this policy. Users that break this policy will be suspended and/or terminated immediately.

Depending on the hosting package you choose, you may construct an infinite number of websites with Shared Hosting. We recommend a maximum of 10 websites per plan since it might affect the performance of your other websites. If you have a 70% or higher use problem, it is advised that you acquire another shared hosting plan to divide these accounts or a reseller hosting plan. We won’t increase your use on your existing plan because there are other options for hosting more than ten websites. For instance, reseller hosting.

You grant Conor Bradley – Digital Agency a non-exclusive, royalty-free, worldwide right and licence to use, reproduce, publicly perform, publicly display, modify, excerpt (in whole or in part), publish, and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites solely for the purpose of providing the Services. Conor Bradley – Digital Agency does not acquire any right, title, or interest in or to the User Content, which remains exclusively with you, save for the rights specifically provided above.

Conor Bradley – Digital Agency has no control over User Content or the content of any information travelling via Conor Bradley – Digital Agency’s computers, network hubs and points of presence, or the Internet, and accepts no responsibility for it. User Content is not monitored by Conor Bradley – Digital Agency. If you violate the terms of this Agreement, you acknowledge and agree that Conor Bradley – Digital Agency may, but is not obligated to, take any corrective action in its sole discretion, including without limitation, removing all or a portion of the User Content or User Websites, and suspending or terminating any and all Services without refund. You agree that Conor Bradley – Digital Agency will not be held liable as a result of any corrective action taken by Conor Bradley – Digital Agency.

Third-Party Products and Services

Third-Party Providers

Certain third-party products and services may be offered by Conor Bradley – Digital Agency. The terms and conditions of the third-party supplier may apply to such products and services. The third-party supplier may impose additional limits and limitations on discounts, promotions, and special third-party offerings. Any purchase and usage of products or services should be confirmed with the individual third-party supplier with whom you are interacting.

Conor Bradley – Digital Agency makes no claims or warranties about the quality, availability, or timeliness of products or services offered by a third-party source, and is not responsible for them. You do so at your own risk when dealing with these third-party suppliers. We can not guarantee the accuracy or completeness of any third-party supplier information. Conor Bradley – Digital Agency is not acting as your or the third-party provider’s agent, representative, trustee, or fiduciary in any transaction.

Conor Bradley – Digital Agency as Reseller or Licensor

Certain third-party services, hardware, software, and equipment used in conjunction with the Services (“Non-Conor Bradley – Digital Agency Products”) may be resold or licenced by Conor Bradley – Digital Agency. Conor Bradley – Digital Agency is not liable for any changes in the Services that render any Non-Conor Bradley – Digital Agency Products outdated, necessitate modification or adjustment, or otherwise impair the Services’ functionality. Non-Conor Bradley – Digital Agency Products, whether sold, licenced, or given by Conor Bradley – Digital Agency to you, will not be considered a breach of Conor Bradley – Digital Agency’s duties under this Agreement if they malfunction or have manufacturer’s faults. Any rights or remedies you may have with respect to the ownership, licencing, performance or compliance of any Non-Conor Bradley – Digital Agency Product are restricted to those granted to you by the maker of such Non-Conor Bradley – Digital Agency Product. Any Non-Conor Bradley – Digital Agency Product provided by Conor Bradley – Digital Agency may only be used in conjunction with your usage of the Services as authorised by this Agreement. You agree not to copy, change, reverse engineer, or tamper with any Non-Conor Bradley – Digital Agency Product or use it for any purpose other than the Services. Any Non-Conor Bradley – Digital Agency Product, or any technical data generated from it, may not be resold, transferred, exported, or re-exported in violation of any relevant law, rule, or regulation.

Third-Party Websites

The Services may include links to third-party websites that are not owned or controlled by Conor Bradley – Digital Agency, as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). Any Third Party Sites or Third Party Content accessed through the Services are not under our control. We do not research, monitor, or review Third-Party Sites or Third-Party Content for accuracy, suitability, or completeness. If you choose to access or use Third Party Sites or Third Party Content, you do so at your own risk and should be aware that our terms and policies no longer apply. You should read the terms and conditions of every third-party website you visit, including the privacy and data collection practices.

Prohibited Persons (Countries, Entities, And Individuals).

The Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organisations, or entities, including, without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. You are forbidden from registering, signing up for, subscribing to, or using the Services if you are situated in a Sanctioned Country or are designated as an SDN. Conor Bradley – Digital Agency additionally does not register, and forbids the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country unless otherwise granted with specific authorization.

Account Security and Conor Bradley – Digital Agency Systems.

Regardless of the installation method, it is your duty to verify that scripts/programs installed under your account are secure and that directory permissions are configured appropriately. Set permissions on most folders to 755 or as restrictive as feasible whenever possible. All activities performed under a user’s account are ultimately their responsibility. This involves the theft of personal information such as a user name and password. You must use a password that is both safe and unique. Your account may be suspended if you use a weak password until you agree to use a more secure password. Audits may be conducted to prevent the usage of weak passwords. If your password is determined to be weak during an audit, we will warn you and give you an opportunity to change or update your password before suspending your account.

Only approved customers may utilise the Services, including any connected equipment, networks, and network devices. Conor Bradley – Digital Agency may monitor our systems but is not obligated to do so, for a variety of reasons, including, but not limited to, ensuring that use is authorised, facilitating protection against unauthorised access, and verifying security procedures, survivability, and operational security. Information may be inspected, recorded, copied, and used for permitted reasons during monitoring. You consent to monitoring for these purposes by using the Services.

Any account detected connecting to a third-party network or system without the third-permission party’s will be suspended. Access to networks or systems that are not under your direct control requires the third party’s clear written authorization. Conor Bradley – Digital Agency has the right to seek documents to verify your authorization to access a third-party network or system. If a hacked account is discovered, it may be deactivated and/or deleted. We retain the right to keep your account blocked if you do not clean up your account after being alerted by Conor Bradley – Digital Agency of an ongoing issue. Conor Bradley – Digital Agency may clean up your account at your request for an extra charge.

Conor Bradley – Digital Agency retains the right to move your account from one data centre to another at any time, for any reason, including to comply with relevant data centre regulations, local legislation, or technical or other reasons.

HIPAA Disclaimer. We are not “HIPAA compliant.

You are solely responsible for ensuring that any relevant federal or state regulations governing the privacy and security of personal data, including medical or other sensitive data, are followed. You understand that the Services may not be suitable for storing or controlling access to sensitive data, such as information about children or medical or health information. Conor Bradley – Digital Agency has no control over or oversight of the information or data you save or transmit over the Services. We expressly disclaim any representation or assurance that the Services, in their current form, are in compliance with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers that require safe storage of “protected health information,” as defined by HIPAA, are explicitly forbidden from utilising the Services. Storing and allowing access to “protected health information” is a major breach of this Agreement, and will result in your account being terminated immediately. We don’t sign “Business Associate Agreements,” and you acknowledge that Conor Bradley – Digital Agency is not a business associate, subcontractor, or agent of yours under HIPAA. If you have any concerns regarding the security of your data, please email contact@conorbradley.com.

Compatibility with the Services

You agree to fully cooperate with Conor Bradley – Digital Agency in the provision of the Services by Conor Bradley – Digital Agency. You are entirely responsible for providing any equipment or software required for your usage of the Services. Conor Bradley – Digital Agency is not liable for any delays caused by your failure to timely perform your duties to the extent that our execution of any of our obligations under this Agreement is contingent on your performance of your obligations.

You are entirely responsible for ensuring that all User Content and User Websites are compatible with Conor Bradley – Digital Agency’s hardware and software for providing the Services, which Conor Bradley – Digital Agency may alter from time to time at our sole discretion.

All User Content, including but not limited to any User Websites, is completely your responsibility to back up. Conor Bradley – Digital Agency makes no guarantee that any User Content will be backed up, and you agree to bear the risk of losing all User Content.

Billing and Payment Information

Multiple Accounts

Users may not create numerous accounts in order to take advantage of “new customer” discounts. If a user violates this policy, both accounts will be suspended until all outstanding payments are paid. Users that take advantage of our discount system will be terminated without a refund.

Pre-payment

It is your duty to keep your payment details up to date and to pay your invoices on time. You agree to pay in advance for the Services for the time period during which they are supplied. Payments will be applied to the oldest outstanding invoice in your billing account first, subject to relevant laws, rules, and regulations.

Autorenewal

Unless otherwise specified, you agree to be invoiced on an automatically recurring basis until you tell Conor Bradley – Digital Agency of your wish to discontinue the Services, in which case you will be billed using your credit card or other payment information on file with us.

Taxes

Any relevant sales, use, revenue, excise, or other taxes levied by any taxing authority are not included in the listed costs for the Services. Conor Bradley – Digital Agency’s invoice will include all relevant taxes as a separate fee that you must pay. Unless otherwise noted, all costs are non-refundable once paid.

Late Payment

Within seven (7) days of the invoice due date, all invoices must be paid. If an invoice remains unpaid for more than seven (7) days, the Services may be suspended or terminated. Payment must be received before access to the account may be reinstated. If you do not pay the fees as stated above, Conor Bradley – Digital Agency may suspend or cancel your account and pursue any collection expenses incurred by Conor Bradley – Digital Agency, including without limitation, any arbitration, litigation, and reasonable lawyers’ fees. Customers with an outstanding amount on their account will not be able to place new purchases or get new packages from Conor Bradley – Digital Agency.

Domain Payments

After acquiring a domain, it is completely your duty to tell Conor Bradley – Digital Agency’s Billing department via a support ticket generated from the billing section. Domain renewal alerts are supplied as a courtesy reminder, and Conor Bradley – Digital Agency is not liable if a domain is not renewed or if a client is not notified of a domain’s renewal. Renewals of domain names are invoiced and renewed thirty (30) days prior to the renewal date.

Fraud

Misuse or fraudulent use of credit cards, charge cards, electronic money transfers, electronic checks, or any other payment method is a violation of this Agreement. Conor Bradley – Digital Agency may report any such abuse or fraudulent usage to governmental and law enforcement agencies, credit reporting services, financial institutions, and/or credit card issuers, as decided in Conor Bradley – Digital Agency’s sole discretion.

Invoice Disputes

You have ninety (90) days to dispute any charge or payment processed by Conor Bradley – Digital Agency. If you have any questions concerning a charge on your account, our billing department directly for assistance.

Money-back Guarantee

Conor Bradley – Digital Agency only offers a thirty (30) day money-back guarantee on hosting services. If you are not entirely happy with these hosting services and terminate your account within thirty (30) days of signing up for the Services, you will be offered a refund of the amount paid for hosting less the setup charge for Hosting, subject to the restrictions specified in Section 13 below. This money-back guarantee only applies to hosting costs; it excludes administrative fees, bespoke software installation fees, and other setup expenses, as well as any payments for any other extra services.

Cancellations and Refunds

Payment Method

No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.

Money-back Guarantee

If you purchase a thirty (30) day money-back guarantee account and then cancel it within the first thirty (30) days of the term (the “Money-Back Guarantee Period”), you will receive a full refund if you submit a written request to the Conor Bradley – Digital Agency Support Team (the “Refund Request”) within thirty (30) days of such termination or cancellation (the “Notice Period”). Refund requests must be sent to Conor Bradley – Digital Agency Support Team in writing. Refunds will only be given for basic hosting services and will exclude administrative costs, custom software installation fees, and any setup expenses, as well as any payments for any other extra services. If you do not make the appropriate Refund Request during the Notice Period, Money-Back Guarantee Refunds will not accumulate and will not be reimbursed under any circumstances.

Refund Eligibility

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

Non-refundable Products and Services

There are no refunds on domain names, dedicated servers, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Conor Bradley – Digital Agency’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.

Cancellation Process

You may terminate or cancel the Services by providing writing notice to Conor Bradley – Digital Agency through the cancellation form provided. In such an event, you will be responsible for all charges incurred prior to the effective date of such cancellation, and Conor Bradley – Digital Agency may, in its sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effective date of such cancellation (i.e. no partial month fees will be refunded), less any setup fees, applicable taxes, and a cancellation fee.

We will notify you in writing (usually via email) that your account has been cancelled once we receive your cancellation form and have validated all relevant details with you via email. The subject line of your cancellation confirmation will include a ticket/tracking number for your reference and verification. “Your request has been received,” you should get an automated email with a tracking number right away. Conor Bradley – Digital Agency will validate your cancellation request and process it as soon as possible. Please contact us as soon as possible if you do not hear from us or do not receive an automated confirmation email within a few minutes of submitting your cancellation form. To (a) authenticate your identification, (b) affirm in writing that you are prepared for all of your files and emails to be deleted, and (c) document the request, we demand that all cancellations be made using the online form. This procedure is intended to decrease the possibility of errors, fraudulent/malicious requests, and to ensure that you are aware that your data, emails, and account may be deleted instantly and permanently following the processing of a cancellation request.

Shared account cancellations will take effect on the account’s renewal date.

Domains

Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Conor Bradley – Digital Agency’s Billing department via a support ticket created from the billing area to cancel any domain registration at least thirty (30) days before the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Foreign Currencies

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in GBP and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Conor Bradley – Digital Agency is not responsible for any change in exchange rates between the time of payment and the time of refund.

Termination

If you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Conor Bradley – Digital Agency or others or cause Conor Bradley – Digital Agency or others to incur liability, as determined by Conor Bradley – Digital Agency in our sole discretion; or (iv) you violate this Agreement, Conor Bradley – Digital Agency may terminate your access to the Services, in whole or in part, without notice. Conor Bradley – Digital Agency will not return any money paid in advance of such termination, and you will be responsible for any charges incurred prior to such termination’s effective date. Conor Bradley – Digital Agency may also charge you for the remainder of the then-current term for all payments payable for the Services.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

CPU, Bandwidth and Disk Usage

Permitted CPU and Disk Usage

All use of hosting space provided by Conor Bradley – Digital Agency is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Conor Bradley – Digital Agency expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Conor Bradley – Digital Agency may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to violate Conor Bradley – Digital Agency’s terms and conditions.

Bandwidth Usage

Shared servers are not limited in their bandwidth allowance.

Uptime Guarantee

If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Conor Bradley – Digital Agency and may be dependent upon the justification provided. Third-party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit the client area to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared and reseller solutions.

Price Change

Conor Bradley – Digital Agency reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Conor Bradley – Digital Agency through the user billing tool or other methods of communication, including notices sent or posted by Conor Bradley – Digital Agency.

Vouchers

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

Limitation of Liability

IN NO EVENT WILL Conor Bradley – Digital Agency ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Conor Bradley – Digital Agency IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Conor Bradley – Digital Agency’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Conor Bradley – Digital Agency FOR THE SERVICES IN THE THREE (3) MONTHS before THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold harmless Conor Bradley – Digital Agency, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Independent Contractor

Conor Bradley – Digital Agency and User are independent contractors, and nothing in this Agreement binds Conor Bradley – Digital Agency and User to a principal-agent, partner, or joint venturer relationship. Neither party has, directly or by implication, or may portray itself as having, any power to enter into contracts or agreements in the other party’s name, or to compel or bind the other party in any way.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Missouri. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Disclaimer

Conor Bradley – Digital Agency will not be held liable for any losses incurred by your company. Conor Bradley – Digital Agency makes no explicit or implied guarantees about the Services. Conor Bradley – Digital Agency disclaims any guarantee of merchantability or fitness for a specific purpose, including any data loss caused by delays, delivery failures, incorrect deliveries, or service disruptions caused by Conor Bradley – Digital Agency or our staff.

Backups and Data Loss

Your use of the Services is at your sole risk. Conor Bradley – Digital Agency’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups is kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Conor Bradley – Digital Agency’s sole discretion. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nightly backups. Conor Bradley – Digital Agency is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Conor Bradley – Digital Agency’s servers.

Limited Warranty

THE SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Conor Bradley – Digital Agency AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND FOR THE SERVICES PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR Conor Bradley – Digital Agency AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE AC Conor Bradley – Digital Agency AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARE NOT LIABLE FOR THE CONTENT OF ANY DATA TRANSFERRED TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES AND EXPRESSLY DISCLAIMS ANY LIABILITY. THE TERMS OF THIS SECTION SHALL CONTINUE TO APPLY EVEN IF THIS AGREEMENT IS TERMINATED.

Disclosure to Law Enforcement

Conor Bradley – Digital Agency may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

Entire Agreement

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties concerning the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties concerning the matters covered hereby.

Headings

The headings herein are for convenience only and are not part of this Agreement.

Changes to the Agreement or the Services

Conor Bradley – Digital Agency has the right to change, add, or remove parts of this Agreement at any time. If we make substantial modifications to this Agreement, we will post a notice on the Conor Bradley – Digital Agency website for at least thirty (30) days after the changes are made, and the date of the most recent amendment will be indicated at the bottom of this Agreement. Unless otherwise specified, any changes to this Agreement will take effect when they are posted. By continuing to use the Services after the effective date of any such modification, you agree to any changes to this Agreement.

Conor Bradley – Digital Agency has the right, at any time, to change, modify, or discontinue any part of the Services.

Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver

No failure or delay by you or Conor Bradley – Digital Agency to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors

You may not assign or transfer this Agreement, or any of your rights or obligations under it, without Conor Bradley – Digital Agency’s prior written approval. Any attempted assignment in violation of this Agreement will be null and invalid and will have no legal force or effect. Without User’s approval, Conor Bradley – Digital Agency may assign our rights and responsibilities under this Agreement, as well as hire subcontractors or agents to fulfil our duties and exercise our rights hereunder. The parties hereto, as well as their respective successors and allowed assignee, are bound by and benefit from this Agreement.

Force Majeure

Neither party is liable for any default or delay in performing any of its obligations under this Agreement (other than failure to make payments when due) if the default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, such as fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, or interruptions of telecommunications.

Third-Party Beneficiaries

Except as specifically stated in this Agreement, nothing in this Agreement is intended to confer any rights on anyone other than the parties hereto and their respective successors and permitted assigns, and nothing herein shall be understood to do so. Regardless of the foregoing, the User acknowledges and agrees that any supplier of a third-party product or service identified as a third-party beneficiary in the service description is an intended third-party beneficiary of the provisions outlined in this Agreement as they pertain specifically to its products or services, and shall have the right to enforce directly the terms and conditions outlined in this Agreement.

Cookie Policy And Other Tracking Technologies

Conor Bradley – Digital Agency utilises cookies, beacons, tags, and other tracking technologies to collect demographic information about you, monitor your visits to our Website, and customise your search experience. We collect and store information such as IP addresses, internet service providers (ISPs), operating systems, browser types, and date/time stamps in log files. When you visit our Website, a cookie, which is a normal feature of a website that allows us to keep a tiny bit of data on your computer so that our web servers can recognise you, may be set on your computer or device to collect this information. We may keep track of your activities across several websites and services. The information in this paragraph may be deemed personal information under relevant data protection legislation in some countries, including those in the European Economic Area (“EEA”).

You may change your cookie settings (www.aboutcookies.org) to regulate how websites utilise cookies, but doing so may limit your usage and functionality of certain of the services on our Website. We may also use cookies and other tracking technology to target advertisements to you depending on your browsing habits. You have the option of opting out of targeted advertising. Check advertisements by visiting http://optout.networkadvertising.org, or if located in the EEA, you may opt-out by visiting your online choices

Your Choices

You may unsubscribe from receiving promotional or marketing emails from Conor Bradley – Digital Agency at any time by using the “unsubscribe” link in the email received, or by emailing us at contact@conorbradley.co.uk. As outlined in the Section, Cookies, and Other Tracking Technologies, you can also control your cookie settings.

With respect to your account information, you may update, correct, or delete information that you provided to us by logging into your Conor Bradley – Digital Agency account or contacting us at contact@conorbradley.co.uk.

Processing Information

Conor Bradley – Digital Agency’s legal basis for collecting and processing your personal information will vary depending on the type of information obtained and the context in which it is acquired for persons in the EEA. Conor Bradley – Digital Agency will process personal information about you if: a) you have given us your consent, b) processing is required for Conor Bradley – Digital Agency to perform Services under an agreement, or c) processing is in our legitimate interests and is not overridden by your data protection interests or fundamental rights and freedoms. In some circumstances, we may be required by law to gather personal information, or we may otherwise require the personal information to safeguard your or another person’s essential interests. You have the right to withdraw or reject permission at any time. Conor Bradley – Digital Agency will be unable to deliver services to you if you do not submit the necessary information. You also have the right to object to the processing of your personal data based on our legitimate interests.

Business Transfers

If Conor Bradley – Digital Agency, or substantially all of its assets, were acquired, or in the unlikely event that Conor Bradley – Digital Agency goes out of business or enters bankruptcy, user information would be one of the assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of Conor Bradley – Digital Agency may continue to use your personal information as set forth in this policy.

Your Rights

Individuals in the European Economic Area (EEA) may have extra-statutory rights in relation to their personal information, such as the right to access it, have it erased, rectified, or object to or restrict processing. Please send an email to contact@ConorBradley.co.uk with your request, and we will answer within thirty (30) days. Before we can help with the request, Conor Bradley – Digital Agency will need to confirm that the person is inquiring for his or her personal information.

Children

Our Website and/or Services are not directed at children and our services are designed for businesses. We do not knowingly collect information from or about children under 13 years of age, and the use of our services by children under 13 years of age is forbidden.

Privacy Policy Changes

Although most changes are likely to be minor, Conor Bradley – Digital Agency may change its Privacy Policy from time to time, and in Conor Bradley – Digital Agency’s sole discretion. Conor Bradley – Digital Agency encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.