Terms of Service

The terms set out in the terms of service for Don’t Forget Enterprises (DFE) services constitute the only terms and conditions under which Don’t Forget Enterprises Ltd enters into an agreement with a client. No employee or agent of DFE is authorised to agree to or effect any alterations to the Terms. The contract for the provision of services shall be concluded only when DFE has notified the customer of its acceptance of the customer’s first payment.

Either the customer or DFE may terminate this agreement at the end of the trial period, the trial period being 1 month (28 days) from the date the account was activated or at any time thereafter by giving to the other party one month’s written notice (28 day’s) of its intention to do so. For the avoidance of doubt if the Customer notifies the withdrawal of a discounted publication there will be no refund of the payment already paid by the Customer in relation to that publication or Advertisement.

The customer shall pay the monthly fee every month in advance by credit card, direct debit or via bank transfer, the first payment being due upon entering into this agreement and subsequent payments being due on the same day each month. In the event of the customer failing to make a monthly payment on the due date DFE’s is entitled to cease working on behalf of the customer until all overdue sums are paid.

By entering into a contract for provision of services with DFE the client warrants DFE the right to contact their customers on behalf of them and as such any personal contact information will not be passed on to any third parties by DFE. This in turn means that the client retains full data privacy responsibility and liability for the customer information they provided.
DFE may terminate this agreement at any time if: a) the customer’s website contains any material which is illegal, pornographic, racially abusive or is likely to cause offence or to damage the reputation of DFE; b) the customer commits any material breach of this agreement; c) the customer enters into liquidation whether compulsory or voluntary, has a receiver or administrator appointed, enters into any arrangement with its creditors or ceases or threatens to cease to trade.

All notices must be in writing to Progress House, 396 Wilmslow Rd, Manchester, M20 3BN or by email to info@dontforgetenterprises.co.uk. Notices to the customer will be considered validly given if addressed to the customer’s address or such other address as is advised by the customer.
The invalidity or unenforceability of any provision of this agreement shall not affect or impair the validity of any other provision. No waiver of any rights DFE has under this agreement shall be deemed from any failure by DFE to enforce any part of this agreement.

DFE shall not be liable to the customer for any loss or damage (including but not limited to loss of data, loss of profits or sales, website downtime, loss of business or staff or management time incurred) caused or arising directly or indirectly out of the services provided by DFE under this agreement (except to the extent to which it is unlawful to exclude such liability). b) Notwithstanding the generality of (a) above DFE expressly excludes liability for any indirect, special, consequential or incidental loss or damage which may arise in respect of the services to be provided under this agreement. c) In the event that any exclusion contained in this agreement shall be held to be invalid for any reason and DFE becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the total amount paid by the customer. d) DFE does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of DFE, its employees, agents, or authorised representatives.

DFE do not guarantee first page listings on major search engines 24 hours a day.
The Terms shall be governed by and subject to the laws of the Laws of England and Wales for customers. All disputes which may arise out of or in connection with this agreement or the Terms shall be subject to the exclusive jurisdiction of the courts of England.

A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of this agreement or the Terms but this provision does not affect any right or remedy of any third party which exists or is available apart from under the Act.

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