Terms and Conditions

Conditions of Sale

1.0 Definitions

1.1 Goods - Means all goods and services, training and advice which the Customer agrees to buy from Ireally including replacements for defective goods.

1.2 Contract - Means the Contract between Ireally and the Customer for the sale of Goods and Services by Ireally to the Customer.

1.3 Ireally means the internet marketing company

1.4 Customer - Means the person or any company that purchases or agrees to purchase Goods.

1.5 Literature - Means any published promotional material produced by Ireally.

2.0 General

2.1 Orders for goods are accepted by Ireally subject to these conditions of sale.

2.2 All descriptions and illustrations contained in Literature or any price list or otherwise communicated to the Customer are intended merely to present a general idea of the Goods and nothing contained in any of them shall form any part of the Contract.

2.3 Any Literature published by Ireally in either digital or printed format audio or visual is an invitation to treat and not an offer to supply.

3.0 Prices

3.1 All prices for the Goods are in pounds Sterling at the relevant rate ruling on the date of despatch.

3.2 Whilst every endeavour will be made to maintain the prices in the Literature Ireally reserves the right to alter prices for both up front and monthly fees at any time without prior notice.

4.0 Orders

4.1 Credit cards are charged when Goods are processed for order.

4.2 In the event of the Customer canceling an order Ireally reserves the right to charge the Customer for any costs accrued up to the time of cancellation.

4.3 Ireally reserves the right not to trade with any person or organisation. In addition, and not withstanding any other provisions of these conditions of sale, Ireally may decline to accept the order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by e-mail, facsimile or telephone within 24 hours (excluding weekends or bank holidays)of receipt by Ireally of an order. In the event that Ireally declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.

5.0 Payments

5.1 Payment shall be made by the Customer for all monies owed to Ireally in respect of orders for Goods and Services.

5.2 Payment shall be made on order and all major credit and debit cards (Maestro, Mastercard, Visa and Solo).

6.0 Delivery

6.1 Delivery for orders will be on a timescale of 7-21 days depending on stock / design time / service creation time availability for most orders. Large orders may have a 10 week wait if the product / service needs is ordered in volume. In some cases we will dispatch the order in 2

shipments if for example not all accessories are in stock these will be shipped at a later date.

6.2 Physical Orders received after midday on Friday are delivered the following Monday (excluding Bank Holidays).

7.0 Inspection, Transit Delays and Non-Delivery

7.1 The Customer must inspect the Goods as soon as reasonably practicable after delivery and shall within 7 working days of such despatch give written notice to Ireally Customer Services of any defect in the Goods or of any other complaint which the Customer may wish to make about Ireally

service.

7.2 Queries to be made within 5 working days

7.3 If the Customer fails to give such notice, the Goods shall be conclusively presumed to be in all respects in accordance with the Contract and free from any defect which would be apparent on reasonable examination, and the Customer shall be deemed to have accepted the Goods accordingly.

7.4 Should the Customer decide to accept delivery in a damaged condition they must endorse the carrier's delivery documentation.

7.5 In no circumstances shall Ireally be liable to compensate the Customer by way of damages or otherwise for non-delivery or late delivery of the Goods or any loss consequential or otherwise arising from non-delivery or late delivery. Should damage in delivery occur all deliveries are insured for loss and damage and the postal courier will compensate the loss / damage.

8.0 Returns

8.1 Ireally will not accept returns unless prior authorisation has been approved and a returns number issued. To obtain authorisation for return please call 01803 226112. All returns must be processed within 7 days of delivery.

8.2 Goods must be returned to Ireally in their original condition, along with the relevant despatch note and returns number in order for the Customer to be eligible for any refund. The Customer must bear all the costs of returning any Goods to Ireally.

9.0 General Descriptive Matter

9.1 Whilst every endeavour is made to ensure accuracy, all specifications, illustrations or other details contained in the Literature or any price list or advertising material or otherwise communicated to the Customer are intended merely to present a general idea of the product and nothing contained in any of them shall form part of the Contract.

9.2 Ireally reserves the right without prior notice to discontinue any Goods or to make changes as part of a continuous programme of improvement.

10.0 Product Performance and usuage Rights

10.1 The responsibility for ensuring that Goods are sufficient and suitable for the Customer's requirements is that of the Customer save insofar as Ireally has specifically advised the Customer in writing on Ireally headed documentation that the Goods are sufficient and suitable for the Customer's purposes having been fully and accurately advised by the Customer of their requirements. As we set up the customers advert before delivery this is highly unlikely to occur because full length communications happen with every customer.

10.2 All customers have agreed to these terms and conditions in the purchase of any goods / services. It is the responsibility of the customer to read and understand these terms and conditions not for Ireally. All customers have this individual responsibility if they choose not to then at a later date say they did not understand anything then we are not liable. We are here to help and will answer all questions asked prior during and after purchase.

11.0 Copyright

11.1 Ireally owns full copyright in respect of any Literature whether published in paper or electronic form such as CD-ROM or through the Internet.

12.0 Limitation of Liability

12.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer's application.

12.2 Ireally accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to Ireally negligence or that of its employees, agents or sub-contractors.

12.3 Ireally shall not be liable to the Customer for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Ireally, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods / services / training / advice or their use or resale by the Customer.

12.4 The entire liability of Ireally under or in connection with the Contract with the Customer shall not exceed the price of the Goods / service provided to the customer.

12.5 Ireally do not allow any customer to access the server side files for any website / isite because these contain our proprietary technologies and marketing systems. All customers who use an isite will never gain full access nor ownership of these sites. We are in total control and copyright ownership of them and the customer is simply paying for a marketing service from them. We charge monthly fees because we are Continually running our server side and back end systems placing content and self promoting the isites and feeds. At any point if a customer ceases to pay more than 3 months of monthly fees / hosting fees the isite / website will be taken away from them. All domains are registered to our company and we will retain full ownership and control of the domain name and isite content. This is regardless of past charges and payments for domains, the very nature of the service is reliant on our ongoing systems working to promote the sites and develop content each month and this requires an upfront fee for design and content creation and it requires a monthly fee for the duration of the sites life because our ongoing system. Should fees not be paid we are at liberty to resell the site to another company in the marketplace, change the sites content and point links and traffic to another site willing to pay the ongoing and up front fees for redesign. Obviously this will only happen in the event of a company ceasing to pay and ultimately refusing to pay. We will endevour to communicate with this client and we will give them 30 days writen notice before the domains are leased to another company. So it is always in the companies power for this event to be stopped.So in simple plain english we are essentially leasing these sites to you for as long as you are a paying client, we look to build lasting relationships with all our clients but if payments are not made then we will turn the sites off and resell them to another client.The ownership of domains is a technicality and protection measure for our own intellectual property rights. Our service is using a very clever and also very secret marketing technique that is our companies unique intellectual property and unique selling point. If a client had ownership of a domain they could forcibly remove the sites from our servers and also request access that for obvious reasons to protect the intellectual property of our business we simply cannot allow. However an isite is an ongoing system of continual content creation and a marketing powerhouse which expands way beyond a standard website, So by the very nature of this ongoing service we must charge ongoing fees and as in any business should these fees not be paid we must remove that service from the client. We do not insist on a minimum term for isites and we see this as an ongoing business relationship that can be indefinite in its time scale. We will never remove an isite from a paying client who has not got in arrears so this becomes an ongoing month to month contract that will only be terminated by non payment. Should a client wish to sell their business they can pass on the isites to the new owners who will simply continue with the existing pricing structure and month to month rolling contract. So even though you dont physically have the domains in your name they form part of your internet real estate as if you do own them because we will never remove them from you, this will only happen in the event of non payment. Monthly fees are set for a two year period after which we will review them and taking in to account inflation we may need to increase the fees but this will always be a reflection on the inflation rate and will never be a huge increase which could not be deamed fair to reflect this increase. So in simple english we will not come back to you in 2 years time and increase the prce by something ridiculous like a 30% increase because this would not be reflective of the economy and standard rates of inflation. However if in a 2 year period the cost of living and system maintenance on our server side has increased by say 5% then the monthly fees will be increased by 5% all of which will be considered fair and reasonable. In summary we always build lasting relationships with our clients and pride ourselves on delivering a system that delivers you rank and traffic.

12.6 Ireally retains the right to publish and disclose any promotional material in printed, digital and written formats about customer successes or how customers have used our services. This applies to any of our products and services provided by our partners and sister companies such as Ad-pods, promotional videos.We will endeavor to provide a backlink or link to their website as a thank you.

13.0 Force Majeure

13.1 Ireally shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any of Ireally obligations in relation to Goods and services, provided that the delay or failure was due to any cause beyond Ireally reasonable control.

 

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What separates iReally from "traditional" web design firms is that we are professional Internet marketers. We run a network of hundreds of websites for our own companies. Promoting our own businesses with incredibly successful Internet campaigns all our own businesses have become market leaders and among the worlds biggest sites in their industries.


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