Terms & Conditions

We don’t want to get too legal with Terms and Conditions. But, we need to make sure that you and Blinki are both in agreement to some simple things.

General


Blinki Limited (referred here as “Blinki ” ) terms and conditions are simple and straightforward. These are activated once an email of confirmation from you for your order (of any kind of service that we offer) are received by our team. 


Blinki will use email, Teams chat, Whatsapp and/or text messaging for any form of communication with you.


Blinki holds no responsibility if there will be outside links, such as third party applications or websites, have changes or major updates that affected the functionality 5 days after the submission approval date.

 

Blinki makes no guarantees that any of its products or services will increase your business, give you page one Google ranking, increase revenues, or even cure global warming, the common cold or create world peace.

 

Blinki believes that the customer is not always right. If you treat any of our staff with disrespect with verbal or written abuse we will advise you of that, and ask you to play nice. Please note that all the Blinki staff  are under strict non compete clauses with the employment contracts that they sign, should you approach any of our Team behind our back and discuss the potential of them working for you "On The Side" you could place them in Legal Jeopardy and Possibly cost them there job, so please be respectful of your relationship with Blinki and the well being of our team. Should any of these points arise, we also reserve the right to terminate our business with you.

 

Blinki reserves the right to decline projects that have content that is discriminatory, violent or is sexually explicit in nature.


The following is an agreement between you as licensee and user (“You”) and Blinki . Your use of www.blinki.co.uk (the “Website”), and Blinki (“Owner,” “We”) which governs the use and access to website hosting services, websites, templates, graphics, widgets, email hosting or other data (collectively, the “Service”) downloaded or otherwise used by You from this Website and associated domains of www.Blinki.co.uk, is subject to these Terms of Use (“Terms”).

By using or downloading the Service, you implicitly and explicitly agree to conform to, and be bound by, the terms of this Agreement. If you do not agree to the terms of this Agreement or the limitations and restrictions imposed herein, you are required to cease the use and forego the use or download of any and all Service and delete any downloaded components of such Service currently in your possession. By using or using any Service you agree to be bound by the terms contained herein this Agreement in full.

All forms of the Service found on our Website are copyrighted and are, and shall always remain, the exclusive property of Blinki. Your right to use the Blinki Service is subject to this Agreement and any restrictions specified on each template. Blinki grants you a non-transferable license to use the Blinki Service in strict compliance with the terms and conditions contained herein this Agreement and/or on the specific purchase page of the Blinki Service.

Terms will also apply when you use the Service on a trial basis. By using the Service in any way, you agree to and accept these Terms, our Privacy Policy, and any other legal notices or guidelines posted on the Site. If you are using our Service for an organisation, you are agreeing to these Terms on behalf of that organisation. If you do not agree to these Terms, do not use the Service.


All  figures here are in GBP currency, unless otherwise, clearly specified.


We update our Terms and Conditions from time to time (without prior notice) so we suggest you check it every now and then.

A) Websites

A1) Content


All information, data, text, software, music, sound, photographs, graphics, video, messages, products, services or other materials you post on a web site via the Service (“Content”) are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service.

Under no circumstances will we be considered a publisher of any Content or liable for your Content or the content of any third party, including, but not limited to, any errors or omissions in your Content, or any loss or damage of any kind incurred by you or any other party as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content at any time and for any reason, with or without notice. You must evaluate, and bear all risks associated with, the use of any Content.

You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.

The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

A2) Proprietary Rights


The Service, any necessary software, all informational text, software documentation, design of, and “look and feel,” interfaces, artwork, layout, products, templates, widgets, graphics, images, audio, music, video, messages, files, documents, and widgets, literary work, source and object code, computer code (including html), applications, and other media, designs, animations, derivatives, and versions thereof, or other data, whether publicly posted or privately transmitted, (collectively, the “Property”), all confidential and proprietary software used in connection, or in information presented to you through the Service or by advertisers, and all other materials and services provided by or through Blinki, are owned by us or other parties that have licensed their materials, content, or provided services to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws.

Blinki gives you permission to use the Property to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms. All forms of the Property found on our website are copyrighted and are, and shall always remain, the exclusive property of Blinki  the specific designer/creator. The license granted to you by  for the use of the specific Property is non-transferable and you hereby agree not to sell, rent, give, transfer or otherwise share the  with any third party whatsoever. The final product that you may create using the Property is intended to be used strictly and solely by You or by your end user client.

All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of and their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted without the express written permission of  Blinki  or the respective third-party Mark owner.

A3) Intellectual Property


All rights, title and interest in and to Blinki including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any Property, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Blinki.

A4) Security


You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorised uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.

A5) Indemnification


You agree to indemnify, defend, and hold harmless Blinki and its directors, officers, shareholders, employees, servants and suppliers against all claims, liabilities, damages, costs and expenses, including legal fees on a full indemnity (solicitor-client) basis, arising out of or related to a breach of this Agreement, the use of this Website, the use (or misuse) of any and all Blinki Property as well as any potential claims, liabilities damages or costs as a result of a third party claim for copyright infringement or otherwise.

A6) Warranty and Liability


The Website and the Blinki Property is provided on an “as is” basis.  offers no warranty, explicit or implied, regarding any templates, the Website, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose of any Blinki. Blinki does not represent or warrant that the Website or any Blink iProperty on the Website will meet your requirements or that their use will be uninterrupted or error free.

Neither Blinki or the Website shall be liable to You or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Website or the Blinki Property.

A7) Third Party Services


Blinki is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, content, or website (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials through the Site. Third Party Materials, such as email, e-commerce and payment services may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.

A8) Service Fees


We have multiple pricing options and some of the features on the Service require payment of fees, as described for each Service on the Site (“Fees”). If you sign up for these features, you must pay all applicable Fees. We reserve the right to change our prices and/or bundle certain parts of the Service together for pricing purposes, and may do so at any time. You authorise us to make any reasonably necessary inquiries to validate your account and financial information.

All Fees are in GBP and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment thereof.

If you purchase any Services that we offer for a Fee, you consent to Blinki, or our third party service providers, storing your payment card information and you authorise us to charge you (a) any Fees for Services you may purchase, and (b) any applicable taxes in connection with your use of the Services to the payment card you provide. To ensure uninterrupted service, we will automatically bill you for each renewal until explicitly cancelled by you. You may turn off the auto-renewal on your account at any time by sending cancellation requests to Billing@blinki.co.uk .

In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your account, without further notice.

Blinki and/or its affiliated companies will issue an invoice for any payment of Fees or refund made to or by Blinki(“Invoice”). Each Invoice will be issued in electronic form and based on the information stated in your billing address, and will be made available to you via your account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your account may be inadequate with your local law requirements.

A9) Site Transfers and Transfer Fees


You may request the transfer of your website built in Blinki either from one Blinki account to another or from one Blinki account to an account on our primary platform. We will perform the necessary actions to transfer the site with as little interruption as possible, however, we cannot guarantee a specific timeline, nor can we guarantee that the site will not go offline. If you request a transfer, you acknowledge this. In addition, we reserve the right to charge a transfer fee of up to £100 as payment for the work required by us to complete the transfer. You will be alerted to this charge prior to the transfer and will be expected to pay the total fee as defined.

A10) Cancellation


If you cancel the Service, your account will be set to be suspended at the end of the term (as laid out in your original sign up email). After cancellation, you will no longer have access to your web site(s) and After 90 days of no Account reactivation all information within the site(s)will be permanently deleted.  We accept no liability for such deleted information or Content.

For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services we offer in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service.

Failure to comply with any of the Blinki Terms and/or to pay any due Fee shall entitle Blinki to suspend (until full payment is made) or cancel your account and associated websites (or certain features thereof), as well as the provision of any related Blinki Services (e.g., Paid Services) or third party services to you.

If your account or any Blinki Services or third party services related to your account are cancelled (whether at your request or at Blinki’s discretion), it may cause or result in the loss of certain Content, features, or capacity of your account, including any Content, end user data or other usage data retained therein. Blinki shall not be liable in any way for this loss, or for saving a backup of your account, Content or end user data. Please also note that additional Fees may apply to re-activation of a account and/or any Blinki Services following cancellation, as determined by Blinki in its sole discretion.Blinki

We also reserve the right to limit or cease phone or chat support to you if you consume a disproportionate amount of such customer services or otherwise negatively affect our ability to provide support to other customers (as determined in our sole discretion).


Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your account may be inadequate with your local law requirements.

A11) Ecommerce


The Blinki Services also include certain features which enable you to sell goods, content, media and services through your website (“Products”, and collectively, “Ecommerce”).

You are solely responsible for your Products and Ecommerce related activities, and any promotions and related Content contained or referred to in your websites, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online Ecommerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your Products. When someone purchases your Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“Ecommerce Service Provider(s)”), in accordance with such Ecommerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such Ecommerce Service Providers, or for the actions of any of these Ecommerce Service Providers.

By using any of our Ecommerce features, you acknowledge, warrant and agree that you shall be solely and fully responsible for all taxes and fees of any nature associated with your Ecommerce activities, including any taxes related to the purchase or sale of the Products, as well as all costs of procuring and delivering your Products. You agree to collect, report and remit the correct amounts to the appropriate authorities and/or inform your end users of such and provide them with a duly issued invoice as required by law; as well as all

You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the Products. You may not offer or sell any Products, or provide any information, Content or material regarding Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export.

Blinki may, at any time and at its sole discretion, suspend, disable access to or remove your websites and/or any Products – whether or not incorporated, published with or made a part of your websites at such time, without any liability to you or to any end users, including for any loss resulted therefrom.

Any Taxes indicated by the Ecommerce features provided to you by Blinki are solely provided for illustration purposes only, and may not be relied on in any way.

A12) Refunds and Chargebacks


If you are not satisfied with Blinki Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated a Blinki membership or seven (7) of having first ordered or activated a Blinki monthly hosting subscription (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Blinki services which is either an upgrading of a free website by purchasing a Pro Plan (as offered on the Blinki Website) or an initial monthly hosting purchase. Annual hosting subscriptions / Hire an Expert plans are final sale and no refund will be issued regardless of the reason for cancellation.


Please note that the Refund amount may be different than the amount you were charged due to third party fees. Blinki will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the user who provided such notice for any Blinki Services actually received, as permitted by law.

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your BlinkiBlinki account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Blinki Services may be automatically disabled or terminated. If you have any questions or concerns regarding a payment made to Blinki, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment. You will be responsible for any incorrect fees, losses and expenses that follow.

Your use of the Blinki Services will not resume until you re-subscribe for any such Blinki Services, and pay any applicable Fees in full, including any fees and expenses incurred by Blinki and/or any Third Party Services for each Chargeback received (including Fees for Blinki Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

A13) Site Export / Data Portability


You may request a backup of your published Blinki website to be delivered in a zip file. This zip will contain the relevant HTML, CSS, JavaScript and images used throughout the website. Blinki websites rely heavily on our proprietary hosting environment to deliver functionality, and exported websites may not include all functionality when exported. The HTML / CSS files provided in our export will not function on an outside hosting server without significant modification from a website developer.  Site export is only available for a site that is actively published on the platform, we cannot export sites that are unpublished or still in design. The exported data may be used for data portability and backup only. You may request a data export on your published site by contacting us here .

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