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Fat Cherry is brought to you by Philip Osborne Design, a design agency based in Telford, Shropshire that offers a range of graphic design services including logo design and branding, print design, vehicle graphics and other large scale design, website design and more.

 

For more information visit www.philiposborne.co.uk

Definitions

 

The Company: Fat Cherry (https://fatcherry.site) is a website and collection of services and tools offered by Philip Osborne Design (https://www.philiposborne.co.uk).  

 

Philip Osborne Design

Studio 90749

PO Box 15113

Birmingham

B2 2NJ

 

The rates relating to the services rendered are present on the pages of the website fatcherry.site.

 

Developer: Any natural or legal person who registers to develop websites in accordance with these terms of service.

User: Any natural or legal person who registers to use the Company's services in accordance with the terms and conditions of this agreement.

End User: Any natural or legal person who visits or uses a website created by a Developer.

Client(s): The Developer, the User or the End User.

Fat Cherry: The IT platform and/or the services provided by the Company with which the Developer can create websites.

Website: The software, contents and digital materials created using Fat Cherry.

Web Hosting: The method of making one or more website public on the internet; that is a certain amount of hard disk space on an internal server on which to store web pages.

Services: Services made available and purchaseable under the conditions established in these Terms of Service. Any services not mentioned in these Terms of Service may be provided under the terms and conditions established by the Company with a specific contract. It should be noted that the services can also be provided by third parties and, in this case, the Company is not liable for any disservices or anything else connected with the failure and/or incorrect provision of the services by the same third parties and any consequent damages.

Additional Services: Ancillary services provided by the Company at the request of the Developer or the User or the Customer.

Consumer: The natural person who acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out.

Professional: The natural or legal person acting in the exercise of his/her business, commercial, craft or professional activity.

 

1. Introduction

 

Our services offer our users the ability to quickly, easily and cheaply develop an online presence without needing to be a coding wizard or a design guru. The tools our users can access help them to create and publish websites, online e-commerce stores, hotel booking services, newsletters, galleries and various other multimedia services.

Fat Cherry is a publicly accessible site with which Developers and/or Users can create and manage Websites. In order to create, manage or obtain Websites, the Developer must own and manage a valid Fat Cherry account by signing up to this contract.

 

2. Acceptance of the Agreement

 

2.1 The use of Fat Cherry for the creation and management of Websites is governed by a legal agreement stipulated between the Developer and/or User and the Company, which consists of the Fat Cherry Terms of Service and this Agreement. In order for the Developer and/or User to be able to use Fat Cherry to manage their Websites, they must accept this Agreement by clicking on "Register".

The Developer and/or User cannot create and manage Websites using Fat Cherry if they have not previously viewed and accepted this Agreement.

 

2.2 The Developer and/or User may not use Fat Cherry and enter into this Agreement if they (a) are not of age and, consequently, authorised to enter into a binding contract with the Company or (b) are a person or entity that has been prohibited the use of the Fat Cherry software under the laws of the United Kingdom, the United States, Italy or other countries, including the country of residence or from which they use the Fat Cherry software.

 

2.3 The Developer and/or User represent and warrant that they have the full powers, ability and authority to accept this Agreement. If the Developer and/or User agrees to be bound by this Agreement on behalf of their employer or another entity, they represent and warrant that they have full legal authority on behalf of their employer or such entity to this Agreement. If they do not have the necessary authority, they cannot accept the Agreement or use Fat Cherry on behalf of the employer or the entity in question.

 

3. Assistance

 

The Developer will be solely responsible for the provision of support and maintenance services relating to their Websites and for any complaints concerning the same. Developer contact information relating to support should be displayed on every page created by the Developer, and made available to End Users to enable them to request assistance.  Failure to provide adequate assistance with reference to the Developer's Websites may, in some cases, lead to removal from Fat Cherry.

 

4. Use of Fat Cherry by the Developer

 

4.1 Without prejudice to the license rights granted by the Developer pursuant to Section 5 below, the Company agrees not to obtain from the Developer (or its licensors) any right, title or interest under this Agreement in relation to the Products, including the intellectual property rights inherent in such applications.

 

4.2 The Developer agrees to use Fat Cherry exclusively for the purposes permitted (a) by this Agreement and by the regulations of the Fat Cherry program, as well as (b) by any applicable law or regulation or practice or guideline generally accepted in the competent jurisdictions (including e.g. any laws relating to the export of data or software to and from the United States or other relevant countries).

 

4.3 In using Fat Cherry to create and manage Websites, the Developer undertakes to protect the privacy and legal rights of the End Users. If End Users communicate to the Developer, or the Website accesses or uses usernames, passwords or other access data or personal data, the Developer is obliged to inform End Users that the Developer or the Website will access such information, as well as to provide End Users with protection and a privacy policy compliant with legal requirements. Additionally, the Website may use End User information only for the limited purposes for which the End User has granted permission to the Developer. If the Developer stores, including through the Website, personal or sensitive data provided by End Users, such storage must take place in accordance with security measures and only for the period of time necessary. If the End User has entered into a separate agreement with the Developer that allows the latter or the Website produced by them to store or use personal or sensitive data directly related to the Website (excluding other products or applications), the use of such information by the Developer will be governed by the terms of such separate agreement. If the end user provides the Developer, including through the Website, with details about his Fat Cherry account, the Developer may use the aforementioned details, also through the Website, to access the End User's Fat Cherry account only when and to the extent that the user has granted authorisation for this purpose.

 

​4.4 Unauthorised Activities and Responsibilities

 

4.4.1 The Developer, the User and/or the End User, undertakes not to carry out any activity within the Fat Cherry service, including the development or publication of Websites or other materials, which violates the program regulations of Fat Cherry or that knowingly violates a third party's terms of service, violates applicable laws or regulations, interferes with, disrupts, damages, or accesses unauthorised computers, hardware, devices, servers, networks, data or other assets, or services owned by third parties including, by way of example, Fat Cherry users and any network operator, or makes the use of the service unpleasant to the End User by publishing repetitive content or misleading information relating to the purpose of an application, violates the rights of intellectual property of other users, allos the unauthorised download of multimedia elements or streaming content, view (through text, images, videos or other multimedia elements) or links to illegal content, violations of personal privacy or the right of editorial advertising, content that interferes with the functioning of servers, networks or services of other parties, incitements to hatred or violence, violations of intellectual property rights, including patents, copyrights (please read the Digital Millenium Copyright Act by Google), trademarks, trade secrets or other proprietary rights of any party, materials not suitable for minors or pornography, obscenities, nudity or sex scenes.

 

4.4.2 The Developer agress not to access (or attempt to access) the Fat Cherry service by any means other than the interface provided by the Company, unless specifically authorised by another agreement entered into with the latter.

 

4.4.3 The Developer cannot divert end users or provide links to other sites that imitate Fat Cherry or pretend to be Fat Cherry. For the avoidance of doubt, the Developer may offer Websites as access points to paid services for which customers have registered and for which they have expressly provided payment information.

 

4.4.4 The Developer's Product Website may not use or contain the NPAPI plug-in unless the Developer has prior authorisation from the Company for such use.

 

4.5 The Developer agrees to be solely responsible for all the Websites created and managed by them with Fat Cherry and for the consequences of their actions (including any damage or loss suffered by the Company or third parties) and thus indemnifying the Company from any liability in any way connected with such actions toward the Developer himself and third parties.

 

4.6 The Developer agrees to be solely responsible for any any breach of their obligations arising from this Agreement, from contracts in force with third parties or terms of service of third parties, from the application of laws or regulations in force and also for the consequences of the violation of such laws and regulations (including any damage or loss suffered by the Company or third parties), and agrees that the Company is not responsible in any way to the Developer and third parties for such violations.

 

4.7 Product Evaluations

 

4.7.1 The Company will allow End Users to express their own opinion with reference to the Websites. The Company may use or publish performance data, for example data relating to the percentage of views, to identify or remove Website that do not meet the acceptable standards determined by the Company. The Company reserves the right to show the Websites to users in a manner determined in its sole discretion.

 

4.7.2 The Websites produced by the Developer may be subject to judgments that the Developer may not agree with.  The Developer can contact the Company if he has questions or doubts about the method of judgment.

 

​4.8 Marketing of the Product

 

The Developer will be responsible for their Websites, for providing End Users with the necessary information on the Website, as well as for the precise communication of the security permissions necessary for the Websites to function on End Users' computers, hardware or other devices.

 

5. Licences

 

5.1 The Developer grants the Company and its affiliates a free, non-exclusive perpetual license, valid worldwide, to host, link, copy, translate, publicly perform and display, test, distribute and otherwise use the Websites and content on, available from or transmitted through the Websites.

 

5.2 The Developer grants the End User a non-exclusive perpetual license, valid worldwide, to run, view and use the Websites and the content on, available from or transmitted through the Websites hosted by the Company. The Developer has the opportunity to choose whether to include a different End User License Agreement (EULA) on their Website which will govern the same User's rights with respect to the product license.

 

5.3 The Company may make use of consultants and other appointees with reference to the execution of the obligations and the exercise of the rights provided for in this Agreement, provided that the aforementioned consultants and appointees are bound by the same obligations to which the Company is subject.

 

5.4 The Developer declares and warrants that it owns, and maintains, all the rights necessary to grant licenses relating to the Websites and the content on, available from or transmitted through the Websites to the Company, related affiliates and End Users of the Websites.

 

5.5 Subject to the license rights granted in this Agreement, (a) the Developer retains all rights in the Websites and (b) each party retains all rights independent of this Agreement, including rights under the U.S. Copyright Act of the United States or similar laws of other jurisdictions. The Company acknowledges and agrees that, pursuant to this agreement, they will not obtain from the Developer (or their licensors) any right, title or interest in the content sent, posted, transmitted or displayed on or through the Websites, including any right to intrinsic intellectual property in such content (whether or not such rights are registered and wherever in the world they exist). Unless otherwise agreed in writing with the Company, the Developer agrees to be responsible for the protection and application of these rights and that the Company has no obligation to do so on behalf of the User.

 

6. Distinctive Elements of the Brand and Editorial Advertising

 

6.1 "Brand Features" means the trade names, trademarks, service marks, logos, domain names and other brand features of each party, owned by (or licensed by) this party when necessary.

 

6.2 Each party holds all rights, titles and interests including, without limitation, all intellectual property rights relating to the distinctive elements of its brand. Except as expressly provided in this Agreement, neither party grants, nor does the other party acquire, any right, title or interest (including, without limitation, implied licenses) with respect to the other party's Brand Features. Pursuant to the terms of service of this Agreement, the Developer grants the Company and its affiliates and limited and non-exclusive license with a duration equal to the duration of this Agreement to show the distinctive elements of the Developer's brand in order to use them in relation to the Fat Cherry service and fulfill their obligations arising from this Agreement. Nothing in this Agreement confers on the Developer the right to use the trade names, trademarks, service marks, logos, domain names or other distinctive elements of the Company, or Fat Cherry's, brand.

 

6.3 Editorial Advertising

 

The Company and its affiliates may incorporate Developer Brand Elements, screenshots, videos and demonstrations of the Websites produced by the Developer and of the content on, available from or transmitted through the Websites themselves in presentations, marketing materials and events, the Developer's financial statements, website listings (including links to the Developer's website), press releases and customer lists (including, without limitation, customer lists posted on Fat Cherry Websites) in order to market the Fat Cherry Gallery, Fat Cherry products and services or advertise the Developer's Website. The Company grants the Developer a limited, non-exclusive, free license, valid worldwide, to use the Distinctive Element of the Fat Cherry brand for the period of validity of this Agreement exclusively for advertising purposes and only in compliance with the Fat Cherry Brand Guidelines.

 

7. Removal, Control and Updates of the Products

 

7.1 Developer Removal

 

The Developer may remove their Websites from Fat Cherry in such a way that they are no longer operational or managed through Fat Cherry at any time, but must comply with the terms of this Agreement in relation to each Website managed through Fat Cherry.

The removal of the Developer Websites from Fat Cherry in such a way that they are no longer distributed through Fat Cherry does not (a) imply the termination or modification of the license rights attributed to the End Users who have used the Websites previously nor (b) implies the removal of the Websites from computers, hardware or other devices of End Users or from any section of Fat Cherry where information relating to the Website is stored.

 

7.2 Control and Removal by the Company

 

The Company has no obligation to monitor the Websites or their contents, but may at any time check or test the Developer/User Websites and their source code to verify that they comply with the terms of this Agreement, the Fat Cherry service program regulations and any other term, obligation, law or regulation in force, and may use automatic methods to carry out such checks.

The Company reserves the right to refuse to manage and/or register a Website at its sole discretion.

The Company reserves the right to remove and/or obscure Websites that make use of redirects and/or inserted within iframes.  In case of non-compliance, the site can be blacked out.

The Developer may be asked for personal identification or contact data as part of the registration procedure with Fat Cherry or for the continuous use of the related Services.

The Developer/User agrees to provide the Company data that is always accurate, correct and up-to-date. As part of the specification relating to the Website, Fat Cherry may require the developer to include information such as your name and email address in the presentation of the Website.  The Company may use this informaiton for the presentation of the Website in its directory or for other uses.

If the Company is notified by the Developer or otherwise becomes aware and evaluates in its sole discretion that a Developer/User Website, a portion of it or the Developer Brand Elements:

(a) violate any intellectual property rights or any other third party rights;

(b) violate applicable laws or are subject to injunction;

(c) contain pornographic, obscene material or otherwise violate Fat Cherry's rules on hosting or other terms of service that may be updated by the Company occasionally at its sole discretion;

(d) are published or distributed incorrectly;

(e) may give rise to liability on the part of the Company or third parties;

(f) contain, in the opinion of the Company, viruses or are considered by the Company to be malware, spyware or harmful to the network of Fat Cherry or third parties;

(g) violate the terms of this Agreement or the regulations of the Fat Cherry program;

(h) damage the integrity of Fat Cherry's servers (ie. Users are unable to access the content or encounter difficulties); the Company may prevent the Website from being displayed, remove the Website from its system, disable it or remotely remove it from your systems or devices, or mark, filter and edit related materials (including, without limitations, descriptions, screenshots or metadata) or reclassify the Website in their sole discretion.

The Developer may contact the Company if they have any questions or doubts regarding a removal order.

The Company reserves the right to suspend or prevent access to any website in the system at its sole discretion.

 

8. Developer Credentials


8.1 The Developer agrees to be responsible for the confidentiality of the credentials that may be issued to them by Fat Cherry or that can be chosen by the Developer himself. The Developer further agrees to be the only person responsible for all applications developed on the basis of their credentials.

 

8.2 The Company may limit the number of Websites that the Developer/User, or the company or organization for which they work can create and manage.

 

8.3 The Company may, at its sole discretion, suspend or terminate the Developer/User's right to manage Websites through Fat Cherry for any reason, including but not limited to: (a) violation of the Agreement or of the regulations of the Fat Cherry program or (b) violation of any intellectual property rights, including copyright. For more information on Fat Cherry's copyright rules, read the information presented here.

 

9. Suspension and Deactivation of the Service


9.1. The Company reserves the right to suspend and/or interrupt the use of Fat Cherry or Services or to disconnect (temporarily or permanently) the Client's account and this without acknowledgment of any refund, indemnity and/or compensation, should it become aware or determines, in its sole unquestionable judgment, that the Client has violated or is violating the provisions of the previous articles 6, 7 and 13, as well as any current legislation, by giving notice to the Client by e-mail.

 

9.2. The Company also reserves the right to suspend (temporarily or permanently) the use of the service if it becomes aware or believes, at its sole discretion, that one of the following circumstances has occurred or is occurring: (a) use of the service that causes a situation of danger or instability of the server such as to cause damage to the Company; (b) anomalous traffic or traffic such as to prevent the normal provision of the service in favor of other customers; (c) if the public authorities or other third parties communicate to the Company an illegal or improper use or use that does not comply with the rules of the terms of service by the Client; (d) violate the intellectual property rights or any other rights of third parties; (e) contain pornographic, obscene material or otherwise violate the Company's rules on hosting or other terms of service; (f) are posted or distributed incorrectly; (g) may give rise to liability on the part of the Company or of third parties; (h) in the Company's judgment contain viruses or are considered by the Company to be malware, spyware or harmful to the Company's or third party's network; (i) violate the terms of this Agreement.

 

9.3. The Company may prevent the Website from being displayed, remove the Website from its system, deactivate or remove it remotely from the Client's systems or devices, or mark, filter and modify related materials (including, without limitation, descriptions, screenshots or metadata) or reclassify the Website in its sole discretion.

 

9.4. The Company reserves the right to suspend or prevent access to any Website in the system at its sole discretion.

 

9.5 In any case, the Company reserves the right to take any action for compensation and/or indemnity, or in any case provided for by law, against the person responsible for said violations, or the right to exercise the termination clause.

 

10. Duration


10.1. The parties agree that the contract will have an annual duration that will run from the activation of the service.

 

10.2. The parties agree that on the date of natural expiry of the contract, it shall be tacitly renewed for the same duration, and thus from year to year, unless one of the parties terminates it by sending a certified email to the other at least 60 days before expiry, unless otherwise agreed in writing between the parties during the term of the contract.

 

10.3. In order to avoid service interruptions (represented by way of example only by the non-renewal of the domain in due time, etc.) the automatic payment system may proceed to debit the amount of the cost from the payment systems already chosen by the Client, the amount of the cost of the service up to 31 days before the expiry date of the contract.
In the event that the debit attempts are unsuccessful, the Company assumes no responsibility for damages, direct and/or indirect, deriving from the non-renewal of all the services purchased, even from third parties, which require an annual renewal.

 

10.4. In any case, the automatic renewal will not be effective if the fee for the service has not been collected by the Company at least 5 (five) days before the expiry of the contract.

 

11. Privacy and Information


11.1 In order to continually improve and innovate the Fat Cherry service, the Company may collect certain statistical data relating to the use of the Fat Cherry program and users' computers, devices or other hardware, including, by way of example, information on how the Fat Cherry program and the Websites created and hosted by it are used.

 

11.2 The data collected is examined as a whole to improve the Fat Cherry program for the benefit of Users and Developers and is kept in accordance with the Privacy Policy applied to Fat Cherry. To ensure the improvement of the Websites, certain aggregate data may be made available to the Developer upon written request.

 

12. Fees and Methods of Payment


The cost charged to the Client is to be considered annual. It can be paid, at the Client's choice, either with a single payment or in individual monthly payments.

If the Customer opts for the monthly payment method, he may decide to switch to the annual payment method at any time, with the application of the discount provided for this payment, but the reverse option is expressly excluded.

 

12.1 Obligations of the Parties and Cases of Exclusion of Liability

 

12.2 The Client acknowledges that the Company is unable to exercise any control over the content of the page and/or the Website covered by the service and that it cannot therefore be held liable in any way for the inability to use the service or for the failure or malfunction of the material owned by the Client.

 

12.3. The Client acknowledges and expressly accepts that the use of the service and the dissemination and storage of the information obtained or granted through Fat Cherry or the Services are carried out at their own and exclusive risk and that they are solely and exclusively responsible for any damage to their own computer or loss of data resulting from use of the service.

 

12.4. The Client declares to have read the characteristics of the type of service chosen as best described on the web page fatcherry.site.

 

12.4. The Company does not provide any type of guarantee, expressed or implied, of merchantability, compatibility or suitability for a particular purpose of the Client or third parties and, furthermore, does not provide any guarantee that the service corresponds to the requirements and needs of the Client.

 

12.5. The Client acknowledges and agrees that the Company does not provide any guarantee regarding the results that can be obtained with the use of the service, regarding any software and hardware errors of the service or concerning the reliability of any information obtained by the Client from the service.

 

12.6. The Company shall not be held liable for any direct and/or indirect damage resulting from the use of the service or from interruption in the operation of the service. The Company does not provide any guarantee regarding the quality of materials, goods or services sold, purchased or otherwise obtained by the user through the service or following any transactions made through the service itself. The provisions of this point remain valid even after the expiry of the contract.

 

13. Early Withdrawal


13.1. The parties agree that the Client may unilaterally withdraw from the contract by sending the appropriate form duly completed and signed to the Company (downloadable here), together with a copy of the personal identity document or of its legal representative with thirty (30) days notice which will be followed by the deactivation of the access credentials to Fat Cherry or to the services and the termination of the same.

 

13.2 If the Client exercises this right, the Company shall in any case be entitled to retain the entire amount paid by the Customer as an annual fee for the service which shall be considered as the withdrawal fee for the period of service not used. In the event that the annual fee at the time of withdrawal has not been paid in full, the Company shall in any case be entitled to demand payment even for the unused service period.

 

14. Client's Withdrawal


The Client who meets the legal definition of Consumer, may exercise the right of withdrawal in the forms and methods provided for by law within 14 (fourteen) days from the date of completion of the Contract. Specifically, the Consumer may withdraw by sending the Company the appropriate form duly completed and signed (downloadable here).

The exercise of the right of withdrawal excludes goods and services made to measure and clearly customised. This includes custom domains and sites created on behalf of the customer through the Smart, Import or Experience Services.
In the event that the Consumer has benefited from any discounts and promotions during the subscription, he will not be entitled to any refund.

 

15. Termination of the Agreement


The Company may, at any time, terminate this Agreement with the Developer, User and/or End User, by way of example but not limited to, if:
(a) the Developer, User and/or End User have violated any provision of this Agreement;
(b) the Company is required to do so by law;
(c) the Company decides to no longer provide any service.

 

15.1 Following the termination of this Agreement, the Company will cease to distribute the Developer, User and/or End User Website, but may retain and use copies of the Website for support purposes relating to the Fat Cherry service.

 

16. Disclaimer of Warranties


16.1 The Fat Cherry service is provided on an "as is" and "as available" basis, excluding, by way of example, any warranty relating to the timing, frequency or implementation of the distribution of the Developer's products.

 

16.2 The use of the Fat Cherry program and any material downloaded or otherwise obtained through the use of Fat Cherry by the Developer and/or User, is at their sole discretion and risk and the Developer and/or User shall be solely responsible for any damage caused to their computer or other device and for any loss of data resulting from such use.

 

16.3 The Company makes no warranties, express or implied, including but not limited to the implied warranties and conditions of merchantability, or lack of fitness for a particular purpose.

 

17. Limitation of Liability


The Developer, the User and/or the End User expressly accepts that the company, its associated and affiliated distributors and licensors, shall not be liable to the user of the Fat Cherry service, for any direct, indirect, incidental, accidental, special, consequential or exemplary damage that may be suffered and whatever the cause and presumed responsibility.
This disclaimer includes any loss of data, even if the Company or its representatives have been advised or should have been aware of the possibility of such a loss.

 

18. Compensation Obligations


To the extent permitted by law, the Developer, the User and/or the End User agrees to indemnify and release the Company, its affiliates and their respective managers, officers, employees and agents from any claim, action, cause or legal proceeding and from any loss, liability, damage, cost and expense (including legal fees) deriving from (a) the use of the Fat Cherry service by the Developer and/or User, in violation of this Agreement, the regulations of the Fat Cherry program or any law or regulations in force, (b) the infringement through the Website of copyright, trademark rights, trade secrets, trade books, patents or any other intellectual property right of any person, (c) the defamatory activities of any person or the violation of their personality or privacy rights, and (d) third party complaints arising out of or relating to the Website or the use of the Fat Cherry service.

 

19. Amendments to the Agreement


19.1 The Company may occasionally make changes to this Agreement.
If such changes are made, the Company will make a new copy of the Agreement available on the Fat Cherry website at https://fatcherry.site. It is the responsibility of the Developer, User and/or End User to periodically check the terms and conditions of this Agreement. The changes will become effective and will be considered accepted by the Developer and/or User, (a) immediately for those who become Developers and/or Users after the modification, or (b) for those who are already Developers and/or Users, the Company will provide 30 (thirty) days notice within which the changes shall become effective (except for changes required by law which shall be effective immediately).

 

19.2 The Developer and/or User, having received an email notification of the change to the contract made unilaterally by the Company, will have the right to withdraw from the Fat Cherry Service by sending a simple request email to hello@philiposborne.co.uk.

 

20. General Legal Terms


20.1 This Agreement constitutes the entire legal agreement stipulated between the Developer, the User and/or End User and the Company, governs their use of the Fat Cherry program and service and completely replaces any previous Agreement entered into between them and the Company in relation to the Fat Cherry program and service. The Contract with the Company, the regulation of the Fat Cherry program and service and the Terms of Service will be applied in the order indicated if there are inconsistencies between them, to the extent of such inconsistencies.

 

20.2 The Developer, the User and/or the End User agrees that the failure of the Company to exercise or enforce any legal right or remedy provided for in this Agreement (or from which the Company benefits under any applicable law) will not be considered as a formal waiver of the rights of the Company and that such rights or remedies will remain available to the Company.

 

20.3 If a Court of Law, having legal jurisdiction over the matter, rules that any provision of this Agreement is invalid, that provision will be removed without any effect on the other terms of the Agreement. The remaining provisions of this Agreement shall continue to be valid and enforceable.

 

20.4 The Developer, the User and/or End User acknowledges and agrees that any partner or service provider of the Company providing relevant necessary services for the fulfillment of the Fat Cherry service will be a third party beneficiary of the rights deriving from this Agreement and that such companies shall be entitled to directly enforce and rely on any provision of the Agreement that gives them an advantage or confers rights in their favor. Apart from them, no other person or company will be a third party beneficiary of this Agreement.

 

20.5 Export Restrictions


The Websites available in the Fat Cherry system may be subject to export controls or restrictions imposed by the European Union. The Developer, User and/or End User undertakes to comply with all applicable export laws and regulations of the European Union. Such laws include restrictions on destinations, end users and end use.

 

20.6 The rights granted through this Agreement may not be assigned or transferred by any party (Developer and/or User or the Company) without the prior written consent of the other party. Neither the Developer nor the Company may delegate their responsibilities or obligations under this Agreement without the prior written consent of the other party.

 

20.7 This Agreement and the relationship between the Developer and the Company established by the Agreement shall be governed by the laws of the country in which the Company is located, without considering the rules of private international law. The Developer and the Company agree to accept as exclusive jurisdiction that of the Court in which the Company is located, for the resolution of any legal matter arising from this Agreement. Notwithstanding the foregoing, the Developer agrees that the Company is still authorized to seek injunctive relief (or an equivalent type of urgent legal remedy) in any jurisdiction.

 

20.8 The obligations set forth in Sections 5, 6, 7, 16, 17, 18 and 20 shall remain effective even after the expiry or termination of this Agreement.

 

Fat Cherry Express Service Contract


1. Introduction


With the Flazio Express Service, the User entrusts the Company the task of creating a site with the characteristics listed below.

 

2. Characteristics of the service


By subscribing to this service, the User entrusts the Company with the study, design and creation of a showcase site, useful for adequately presenting his business by inserting textual content and images provided by the Customer on a Website having a standard architecture.


In its standard composition, the site will consist of 3 pages:
1. Home
2. Who we are
3. Contacts


The Company will create and deliver to the Customer a single site proposal; any changes, additions and/or updates must be carried out by the Customer in total autonomy. The Company will assume the task of modifying, integrating and/or updating the website created pursuant to this contract, only after an additional agreement to be entered into with the Customer.

 

3. Disclaimer of Liability


The Company assumes no responsibility for the content and lawfulness of the textual and graphic contents provided by the Customer, and for any damage and liability in any way connected and deriving.

The Company reserves, however, the unquestionable right to refuse the publication of material deemed illicit, illegal, obscene, or in any case contrary to ethics, good taste, the good name of the Company.

 

4. Methods of Execution of the Service


In order to execute this contract, the Customer must send the provided form completed with the text for each section of the site and the list of necessary images to the following address hello@philiposborne.co.uk.

The Company undertakes to deliver to the Customer a single project of the commissioned website within 15 working days of acceptance by the Company of the delivered material. The parties grant the Company the right to extend the delivery time up to 30 working days, if it deems in its sole discretion that it needs to discuss the text or graphic content received from the Customer.
The Customer may decide to modify the website delivered to him by the Company but he cannot refuse it.

 

5. Withdrawal Clause


The Consumer will have the right to withdraw from this contract within 14 days of its stipulation, being entitled to a refund of the amount paid for the service (given by the difference between the cost of the Fat Cherry Pro service at the time of signing the contract and the amount paid by the Consumer), after deducting the costs already incurred by the Company to execute the contract, as per the prospectus that will be communicated.
The withdrawal governed by this article must be communicated by sending the corresponding communication to the following address hello@philiposborne.co.uk using the subject "Withdrawal from the Fat Cherry Express service". This communication must be sent from the email address indicated by the customer when registering for the Fat Cherry service.
The withdrawal from the Fat Cherry Pro Service necessarily entails the simultaneous withdrawal from the Fat Cherry Express Service.

 

GENERAL TERMS AND CONDITIONS "ADDITIONAL SERVICES"

 

Pursuant to this regulation, "additional services" are understood to be services that can be activated and requested only by PRO customers (those who have already subscribed to a professional service).

 

By clicking on the "access the service" button, you declare that you are legally capable of stipulating the corresponding contract and the following general conditions of contract are understood to be accepted, where not expressly regulated they refer to the application of the general conditions of the Fat Cherry Pro Service and subject to applicable laws.

A more detailed description of the individual services is available at the following link: https://fatcherry.site

 

PRIVACY POLICY DRAFTING: at the unit cost of € 100 (VAT included), Fat Cherry will provide a team of experts who will create the privacy policy information appropriate to the site, in compliance with current regulations. This Service is subject to withdrawal within 15 days from its subscription in favor of the Customer/Consumer only until this service is provided. The Service will be provided only once, by carrying out a careful analysis of the site for which it is requested and will include the insertion of the information on the cookies used, the insertion of a checkbox on the newsletter and contact form components so that the end user is aware of their data and can accept the processing of the same. The developer will have to take care of any updates made on the website that need to be added to the privacy policy. The Company assumes no responsibility for the use of data obtained by the Developer.

 

SEO: at the unit cost of € 249 + VAT, the Company will provide advice on the best strategies to be used to optimize the positioning of the site in search engines. This Service is subject to withdrawal within 15 days from its subscription in favor of the Customer/Consumer only until this service is provided. The Service will be provided by carrying out a careful analysis of the site for which it is requested and sending a report with the changes to be made to the site itself. The Company assumes no guarantee on the degree of optimization obtainable through this Service.

 

PROTECT YOUR BRAND: The Company provides its customers with the tools to check which extensions (eg .it, .net, .eu, etc.) are still available for the domain they already use. This Service is subject to withdrawal within 15 days from its subscription in favor of the Customer/Consumer only until it is dispensed. The cost of the registration of the extensions chosen by the Customer is at his sole expense. Since the search for extensions does not have a booking effect for them, the Company assumes no guarantee that their actual availability will remain between the moment in which the search results are made available to the Customer and that in which the Customer proceeds with their purchase.

 

YOUR LOGO: with this Service, the Company offers personalized advice in relation to improving the Logo chosen by the Customer. The Company does not assume any guarantee regarding the results obtainable with this Service. This Service is subject to withdrawal within 15 days from its subscription in favor of the Customer/Consumer only until it is dispensed.

 

YOUR APPLICATION: with this additional service, the Company provides its customers with the tools to create applications that work on mobile devices in an Android or Apple environment. The cost of this service is €49.00 + VAT per year, to be paid at the time of subscription. For Customers who fall within the definition of Consumers, it is possible to withdraw from the contract within 15 days from its signing. The withdrawal will result in the cancellation of all applications that have been completed in the meantime. The Company does not assume any guarantee regarding the correct functionality and contents of the application compiled by the Customer, who remains solely responsible for all possible guarantees due to third parties for the use of the application or its contents. The Customer will be liable towards the Company for all damages deriving from the creation and/or dissemination of the applications created with this Service. The Company reserves the unquestionable right to delete, even temporarily, applications that are the subject of reports from third parties

Public, Private Authorities, Associations) relating to the lawfulness, morality and/or appropriateness of the content, purpose and/or use of the applications created with this Service.

 

SOCIAL: with this Service the Company provides advice on "social managing" which includes a series of advice relating to strategies, contents and products to be published on social media. The Company does not assume any guarantee regarding the results obtainable with this Service, but its many years of experience in this field is an index of the reliability of the communication strategies prepared for the needs of the Customer. It is possible to request the "basic" plan of this Service at the price of 100 € + VAT per month. Within the month of subscription, 4 posts will be produced (1 per week) on one of the following Social Media: Facebook, Instagram or Google+. To create editorial plans other than the "basic" plan, a proposal will be formulated with an ad hoc price, based on the needs of the end user.

 

VIDEO REALIZATION: at the unit cost of €500.00 + VAT, plus travel expenses, a Company representative will interview the Customer and film his company in order to create a one-minute advertising video. The rights relating to the exploitation of the product made will be transferred by the Company upon unreserved acceptance of its delivery, which will take place with the streaming of the same film to the Customer. The Company does not assume any guarantee regarding the intellectual property and the exploitation rights of the images requested by the Client. The Company reserves the right to use the videos thus created for its own commercial purposes.

 

TRANSLATION: at the unit cost of €500.00 plus VAT, the Company offers its customers a translation service for the pages of the site in the most popular languages ​​(Italian, French, English, Spanish, etc.). The content to be translated cannot exceed the maximum limit of 6,000 words.

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