These terms of use (“Agreement”) are between DIGITAL DYNAMO Limited, a company registered in California and a registered address of 1040 Nevada St, Suite 302 Redlands, CA 92374 (“DIGITAL DYNAMO”, “we” or “our”) and you and govern your use of the DIGITAL DYNAMO Platform and access to the Services.
In this Agreement, the defined terms listed below shall have the following meanings:
Additional Subscription Period(s) – the time period(s) for which you continue to subscribe for Services after your Minimum Term has expired, and which shall have the same duration as your Minimum Term
Affiliates – any entity that directly or indirectly controls is controlled by, or is under common control with another entity
Company Website – means a website that promotes your services and may be licensed to you by DIGITAL DYNAMO as part of the Paid For Services
Domain Name – any domain name that may be offered to you as part of the Services
Intellectual Property Rights – patents, rights to inventions, copyright and related rights, moral rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world
Leads – any third party who contacts you as a result of the Services by any channel, which may include, without limitation, telephone calls, SMS, emails, and booking requests on the Company Website, irrespective of whether such inquiries result in purchases
Minimum Term – the minimum length of time that you have agreed to purchase the Services as set out on the Order Summary
Subscription Period(s) – after your Minimum Term has finished, unless otherwise notified to you in your Order Form, your Services will be provided on a monthly basis from the day after the Minimum Term finishes. So if your Minimum Term finishes on the 6th of January, your Subscription Period will run from the 7th of January until the 6th of February and continue monthly until you cancel
Order Summary – the Order Summary that was emailed to you which explains the package you have subscribed for, the price, the Start Date and the Minimum Term
Other Digital Accounts – any third-party accounts that may be managed by DIGITAL DYNAMO as part of any Services, including (but not limited to) Google My Business, Facebook for Business, Bing, Google AdWords, Facebook advertising and Bing Ads
Services – includes any services which are provided to you by DIGITAL DYNAMO as set out in your Order Summary, which may include, without limitation, the building and hosting of your Company Website, provision of content on the Company Website, the Domain Name and any content created by DIGITAL DYNAMO for Other Digital Accounts, or any subscription services that DIGITAL DYNAMO provides to you
Referral Credit – any credit that may be applied to your account for recommending third-parties who use the Services
Service Provider – a third-party business that is promoting its products or services, or who provides bundled services such as tax consultation, on or as part of the DIGITAL DYNAMO Platform and Services.
Setup Fee – the one-time fee paid by new customers for DIGITAL DYNAMO to build a website
Start Date – the date at which your Services start, which shall be the date specified on the Order Summary
DIGITAL DYNAMO Platform – the technology platform owned by DIGITAL DYNAMO and its licensors that provides all DIGITAL DYNAMO-managed websites and applications, including, if applicable, your Company Website, and enables the management of such websites
User Data – personal data (as defined in the Data Protection Act 1998) that is collected on the DIGITAL DYNAMO Platform from end users
1. SERVICES
1.1 DIGITAL DYNAMO agrees to provide you with access to any Services, as set out in the Order Summary, subject to the terms of this Agreement.
1.2 You agree to pay for the Services from the Start Date for the Minimum Term at the rate set out in the Order Summary. In the case of an annual plan, you agree to pay for the Services from the Start Date for the Minimum Term of one year. To ensure the uninterrupted supply of 3rd party services such as your domain name, we will charge you for the renewal of next year’s annual plan at the end of month 11 of your current plan. Your plan will still run for 12 months. The Services provided are customized to meet your requirements, and DIGITAL DYNAMO will not provide any refunds unless the Services are not provided in accordance with this Agreement.
1.3 At the end of the Minimum Term, any Services that you pay for will automatically renew for Additional Subscription Periods until you provide notice to terminate in accordance with clause 1.4.
1.4 You can cancel or downgrade any Services at the end of the Minimum Term or any then current Additional Subscription Period before such period is due to expire. You are not entitled to cancel or downgrade any Services before the end of the Minimum Term or any then-current Additional Subscription Period due to a change in your circumstances.
1.5 You are able to add additional Services or upgrade at any time through your DIGITAL DYNAMO Business Hub. Please contact help@kacy.net for more information. If you would like to transfer an existing domain name to DIGITAL DYNAMO, then this can be managed as an additional service, subject to payment of a fee.
1.6 We may adjust the price of the Services at any time after the expiry of your Minimum Term on 1 month’s written notice.
1.7 If you qualify for a Referral Credit, you will be notified of the details of your credit by email, and this will be applied to your next Subscription Period.If you cancel the Services before the Referral Credit has been applied then the Referral Credit shall automatically expire.
1.8 All payments are processed by third payment processors, including Paypal, Stripe and their global affiliates. We do not hold any credit or debit card details. You agree to provide our third-party payment processors with valid credit or debit card details and authorize them to store your information in accordance with their privacy policies and bill you according to the payment terms set out in your Order Summary and thereafter at the start of each Subscription Period or for other Services that you may purchase from DIGITAL DYNAMO.
1.9 If you fail to pay any charges when they fall due or request to cancel your account before the expiry of your Minimum Term, then the total amount payable for the full duration of the Minimum Term will become immediately payable, and we may suspend the provision of any Services until such monies are received. A late fee of $10 may be applied.
1.10 All prices quoted are exclusive of any sales taxes.
1.11 DIGITAL DYNAMO may alter the Services from time to time. If such changes materially reduce their functionality, DIGITAL DYNAMO will notify you by email and you may provide notice within 30 days of the notification to cancel the Services with immediate effect, even if you are still within the Minimum Term.
1.12 The Start Date for the Services is the date you placed your order, and you will be liable to pay for any Services as set out in your Order Form from the Start Date, whether or not you have provided DIGITAL DYNAMO with all the required information to set up the Services.
1.13 Invoices will be stored electronically on www kacy.net. You can view and download these at any time, or we can email you invoices on request.
1.14 If you have signed up for a promotional offer (as stated on your Order Summary), then this shall be subject to any payment terms and restrictions as stated on your Order Summary. DIGITAL DYNAMO reserves the right to limit Promotional Offers to any businesses or categories of business at its discretion and to withdraw any promotional offers without notice.
1.15 DIGITAL DYNAMO cannot guarantee that the Domain Name that you would like to purchase will be available through DIGITAL DYNAMO. If you have secured a Domain Name from DIGITAL DYNAMO then you must ensure that you pay any renewal fees to DIGITAL DYNAMO promptly to avoid losing the Domain Name.
1.16 DIGITAL DYNAMO offers a 30-day Money Back Guarantee for new customers. The 30-day period commences on the date you pay the Setup Fee, regardless of when you submit your information to enable us to build your website. Additional details on Refund Policy on point 11.
2. LICENSE
2.1 You grant DIGITAL DYNAMO and our affiliates a non-exclusive, worldwide, perpetual, transferable, and sub-licensable right to use, copy, modify, distribute, publish, and process any content:
2.1.1 you upload to the DIGITAL DYNAMO Platform; or
2.1.2 that you have uploaded to other websites, such as Facebook, Google My Business, and Yelp (and you hereby provide your consent to DIGITAL DYNAMO utilizing your content from such websites for the sole purpose of providing the Services); and
2.1.3 relating to your business on the DIGITAL DYNAMO Platform.
2.2 If you are paying for Services, you also grant DIGITAL DYNAMO a licence to manage your Other Digital Accounts for the purposes of promoting your business and to act as an agent on your behalf in binding you to the terms and conditions of your Other Digital Accounts. Such licence and agency relationship will continue after termination of this Agreement until you have assumed ownership of such accounts or they have been deleted by DIGITAL DYNAMO pursuant to clause 9.6. You confirm that you will comply with the terms of use of all Other Digital Accounts that we set up on your behalf and manage for you as part of the Services. You acknowledge that, where we manage your Other Digital Accounts, the content published on such platforms is managed by third parties and may be outside of the control of DIGITAL DYNAMO.
2.3 If you are paying for Services, DIGITAL DYNAMO may license you a Company Website and/or a Domain Name. DIGITAL DYNAMO is the registrant of the Domain Name.
2.4 If you are paying for Services and you have signed up to listings management as part of the Services (as stated in your Order Summary), you confirm that your listings information (i) does not contain any viruses, spyware or other harmful code or materials, (ii) constitutes a “primary” source of the information, i.e. that you have officially approved it as the authorized representative of the location, and (iii) is current and accurate.
3. WARRANTIES
3.1 You make the following warranties to DIGITAL DYNAMO:
3.1.1 you are at least 18 years of age and have the right to enter into this Agreement;
3.1.2 you will not attempt to circumvent security, reverse engineer, or interfere with the proper working of the DIGITAL DYNAMO Platform or Other Digital Accounts;
3.1.3 you will keep any password to access the DIGITAL DYNAMO Platform secure and be responsible for any unauthorized access as a result of a third party obtaining your password;
3.1.4 any content you upload to DIGITAL DYNAMO and your use of any Domain Name shall not be defamatory, indecent, or illegal or breach the Intellectual Property Rights of any third party and shall be accurate and up-to-date and in accordance with all applicable legal obligations;
3.1.5 other than in relation to any Services that you have purchased, you will not use the DIGITAL DYNAMO Platform for commercial purposes;
3.1.6 you will not abuse the booking system of Service Providers available on the DIGITAL DYNAMO Platform;
3.1.7 you will ensure that all User Data made available to you from your Company Website is stored and managed in accordance with all applicable data protection laws and our Privacy Policy.
3.1.8 you will not sell or license, or attempt to sell or license, access to the DIGITAL DYNAMO Platform or Services without our written consent; and
3.1.9 you have the legal right to set up an account for the business that you are representing.
4. INDEMNITY FROM CUSTOMER
4.1 You shall defend, indemnify and hold harmless DIGITAL DYNAMO against any claims, actions, proceedings, losses, damages, expenses, and costs (including, without limitation, court costs and reasonable legal fees) arising out of or in connection with your use of the DIGITAL DYNAMO Platform, any Services including, without limitation, any Domain Name, or your breach of the warranties set out in clause 3 of this Agreement.
5. DISCLAIMER
5.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER DIGITAL DYNAMO OR ITS AFFILIATES OR SUPPLIERS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE DIGITAL DYNAMO PLATFORM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON – INFRINGEMENT. DIGITAL DYNAMO CANNOT BE RESPONSIBLE FOR THE QUALITY OF THE LEADS YOU RECEIVE THROUGH THE PAID SERVICES OR WHAT PROPORTION WILL CONVERT TO PAYING CUSTOMERS. REFUNDS WILL NOT BE PROVIDED IN THE EVENT THAT THE NUMBER OR QUALITY OF LEADS YOU RECEIVE THROUGH THE PAID SERVICES DOES NOT MEET YOUR EXPECTATIONS.
5.2 DIGITAL DYNAMO cannot guarantee the continuous, uninterrupted, or error-free operability of the DIGITAL DYNAMO Platform or that it will be free from computer viruses or similar threats. There may be times when some or all features of the DIGITAL DYNAMO Platform become unavailable(whether on a scheduled or unscheduled basis) or are modified, suspended, or withdrawn by DIGITAL DYNAMO, in DIGITAL DYNAMO’s sole discretion, without notice. DIGITAL DYNAMO will not be liable to you or any third party for any unavailability, modification, or suspension of any elements of the DIGITAL DYNAMO Platform or for any loss or damage as a result of computer viruses or similar threats.
5.3 DIGITAL DYNAMO takes all appropriate measures to ensure that the content on the DIGITAL DYNAMO Platform is accurate, complete, legal, and not misleading or offensive. However, we do not review content provided by users and are not responsible for such content. If you come across any content that breaches these principles, please notify us by writing to us at help@kacy.net . We reserve the right to remove or edit any content at any time without notice.
5.4 You are responsible for deciding if you want to access third-party sites that link from the DIGITAL DYNAMO Platform. Third-party sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. DIGITAL DYNAMO is not responsible for third-party sites, and you should use them at your own risk.
5.5 DIGITAL DYNAMO may require access to your Other Digital Accounts on your behalf in order to provide certain Services. You acknowledge that you have separate agreements with the service providers managing your Other Digital Accounts, and you are solely liable under such agreements. DIGITAL DYNAMO does not accept any responsibility or liability for their platforms, features, terms or policies, or the accuracy of any content relating to your business that may be available on their sites.
6. CAP ON LIABILITY
6.1 Nothing in this agreement excludes DIGITAL DYNAMO’s liability to you for death or personal injury caused by DIGITAL DYNAMO’s negligence or for fraud or fraudulent misrepresentation.
6.2 Subject to clause 6.1, DIGITAL DYNAMO shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential losses, or for any loss of profit (including by way of example and without limitation, loss of profit a result of your business not showing on a search engine), loss of revenue, contracts, data, goodwill or other similar losses, arising under or in connection with your use of the DIGITAL DYNAMO Platform or any Services.
6.3 Subject to clause 6.1, DIGITAL DYNAMO’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total amount paid by you for any Services during the 12 months immediately preceding the date on which the claim arose.
7. BOOKING SERVICES & CUSTOM MESSAGES
7.1 If you use the DIGITAL DYNAMO Platform to request a booking with or to send a message to a Service Provider then your contact details will be passed to the Service Provider in accordance with our Privacy Policy.
7.2 Any goods or services that you may agree to purchase from a Service Provider (including via a payment link on the DIGITAL DYNAMO Platform) are agreed directly between you and the Service Provider and you will make any payments to the Service Provider or its payment processor directly. DIGITAL DYNAMO is not responsible or liable to you for such goods or services.
7.3 You should check all details and any restrictions relating to goods and services before making a booking request or a purchase and ensure that you notify the Service Provider of any conditions that might be relevant to the provision of the services.
7.4 All services listed on the DIGITAL DYNAMO Platform are subject to the availability of the Service Provider. Price information listed may be inaccurate, and you should confirm this directly with the Service Provider prior to booking any services or purchasing any goods.
7.5 You should contact the Service Provider directly if you have any complaints regarding the services provided to you.
8. DATA PROTECTION
8.1 The management and use of all User Data is governed by our Privacy Policy .
8.2 Subject to clause 8.1, DIGITAL DYNAMO shall own all User Data and may use it for any purpose set out in our Privacy Policy, notwithstanding the termination of this Agreement for any reason. DIGITAL DYNAMO gives you the right to use User Data collected via your Company Website to the extent needed for you to provide your goods and services.
9. TERMINATION
Subject to clause 9.2 below, either party may terminate this Agreement on 1 month’s written notice to the other.
9.1 Clause 9.1 shall only apply where you have not purchased Services or where you have purchased Services, but the Minimum Term will have expired within 1 month of serving notice to terminate.
9.2 DIGITAL DYNAMO reserves the right to cease providing Services to you with immediate effect if it considers, in its sole discretion, that you are acting in violation of its policies or the products or services offered on your Company Website are not supported by DIGITAL DYNAMO. Either party may terminate this Agreement with immediate effect if: (i) the other party is in material breach of the Agreement, or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days.
9.3 If the Services are cancelled by either party, or this agreement is terminated, then the rights and licences granted to you under this Agreement, including your licence to the Company Webpage and the Domain Name, will be terminated with immediate effect.
9.4 Prior to the termination of this Agreement, you may elect for the registration of the Domain Name to be transferred to you, subject to payment to DIGITAL DYNAMO of a transfer fee.
9.5 In the event that we are managing your Other Digital Accounts as part of any Services, on termination, we may, at our discretion, either delete such accounts, transfer them to you, or leave them as is.
10. MISCELLANEOUS
10.1 DIGITAL DYNAMO may revise this Agreement from time to time. The most current version will always be posted on our website. Any material changes will be notified to you by email if you have a DIGITAL DYNAMO account.
10.2 This Agreement, including the Order Summary, supersedes any prior agreements between us and constitutes the entire Agreement relating to this subject matter. If there is a conflict between this Agreement and the Order Summary, the Order Summary shall take priority.
10.3 If you have any questions or issues with this Agreement or the quality of your Services, please contact DIGITAL DYNAMO at help@kacy.net or through the notice procedures in clause 10.7.
10.4 DIGITAL DYNAMO will not be liable for inadequate performance to the extent caused by a condition that was beyond its reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
10.5 The terms and conditions of this Agreement, including the price of any Services, will be considered confidential information of DIGITAL DYNAMO, and you will not disclose this information to any third parties.
10.6 You may not assign or transfer this Agreement or any rights or obligations under this Agreement without DIGITAL DYNAMO’s written consent. DIGITAL DYNAMO may assign this Agreement or any rights or obligations under this Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganization or sale.
10.7 Notices can be sent by email, post or hand delivery and are deemed given when received. DIGITAL DYNAMO’s address for notices is legal@kacy.net and Legal Department, DIGITAL DYNAMO 1040 Nevada St, Suite 302 Redlands, CA 92374
10.8 Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.
10.9 If DIGITAL DYNAMO fails to enforce, or delays in enforcing, any of DIGITAL DYNAMO’s rights under these terms, that does not result in a waiver of the rights concerned.
10.10 No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.
10.11 This Agreement is governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.
11. REFUND POLICY
11.1. As a new customer, you may request a refund within 30 calendar days of the Date of Purchase for any reason. The Date of Purchase is defined as the date you have paid the Setup Fee, which is the one-time fee paid by new customers for DIGITAL DYNAMO to build a website. The Refund Period is defined as the 30-day period from the Date of Purchase.
11.2. You must complete a questionnaire about your business in order for DIGITAL DYNAMO to be able to create your business website. If you have not completed the questionnaire, you will not receive a business website. You may request a refund at any time within the Refund Period whether or not you have completed the questionnaire and/or received the business website.
11.3. Subject to clause 4 of this Refund Policy, you are ineligible for a refund after the Refund Period, irrespective of whether you have completed the questionnaire and/or received the business website. Failure to complete the questionnaire required for DIGITAL DYNAMO to build the business website does not automatically extend the Refund Period. Outside the Refund Period, all sales are final and non-refundable.
11.4. If DIGITAL DYNAMO has not delivered the website within 7 days of your completing the questionnaire, then DIGITAL DYNAMO will extend the Refund Period according to the number of days DIGITAL DYNAMO was delayed. For example, if DIGITAL DYNAMO delivered your business website 8 days after you completed the questionnaire, then your Refund Period would be extended by 1 day.
11.5. Subject to clause 1, if you have purchased Services from DIGITAL DYNAMO, then the refund shall include the full amount paid less the cost of the custom domain name if one has been selected. If no custom domain name has been selected, then the recurring plan subscription shall be refunded in full.