WEBSITE AND PLATFORM TERMS AND CONDITIONS

1 WHAT THESE TERMS COVER

1.1 These terms and conditions (Terms) form a binding contract between you and us, PageLove Ltd, a company registered in England and Wales under company number 16755312 with registered office at Pagelove Ltd 275 New North Road Islington # 1593 London,  N1 7AA (PageLove, we, our or us).

1.2 Which Parts apply to you depends on what you do:

1. (a) Part A (clauses 1 to 4) and Part E (clauses 34 to 39) apply to everyone;
2. (b) Part B (clauses 5 to 9) applies if you visit or use the Website;
3. (c) Part C (clauses 10 to 25) applies if you register an Account or use the Platform, whether on a free plan or a Paid Plan; and
4. (d) Part D (clauses 26 to 33) applies if you hold a Host on the Free Plan or buy a Paid Plan.

1.3 By using the Website, by registering an Account, by deploying or serving any content through the Platform, or by buying a Paid Plan, you agree to be bound by these Terms. If you do not agree to them, you must stop using the Website and the Platform.

1.4 The following documents also form part of your contract with us and you should read them:

1. (a) any written agreement or order form that you and we have signed and that is expressed to vary or add to these Terms (a Negotiated Agreement);
2. (b) our Acceptable Use Policy, available at /legal/acceptable-use/2026-10-09/ (AUP), which sets out what you may and may not host, send or do on the Platform; and
3. (c) the plan and pricing information published on our Pricing Page.

1.5 Our Privacy Policy, available at /legal/privacy/2026-10-09/, explains how we handle personal data. It is a transparency notice. It does not form part of these Terms, but please read it.

1.6 If there is any inconsistency between these documents, they take priority in the following order:

1. (a) a Negotiated Agreement, which prevails over everything else;
2. (b) these Terms;
3. (c) the AUP, which prevails over these Terms on any question of what may be hosted, sent or done on the Platform; and
4. (d) the Pricing Page, which prevails over these Terms on price.

1.7 A Negotiated Agreement cannot reduce or remove any right you have as a Consumer that the law does not allow us to exclude or restrict. If it purports to, these Terms apply instead to that extent.

2 DEFINITIONS

2.1 In these Terms:

1. (a) Account means the account you register in order to use the Platform;
2. (b) business day means a day other than a Saturday, a Sunday or a public holiday in England and Wales;
3. (c) Consumer means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession, within the meaning of section 2(3) of the Consumer Rights Act 2015;
4. (d) End User means any person who visits, requests, downloads or otherwise interacts with a Host, other than you;
5. (e) Fees means the fees payable for a Paid Plan or for any other paid feature of the Platform, as published on the Pricing Page or as otherwise notified to you before you place your order;
6. (f) Free Plan means a Host provided at no charge, as described in clause 26;
7. (g) Host means the unit we sell and provision, being the infrastructure on which one website or application is deployed and served. An Account may contain more than one Host;
8. (h) Negotiated Agreement has the meaning given in clause 1.4(a);
9. (i) Intellectual Property Rights means all copyright, trade mark, design, patent, database, semiconductor and circuit layout rights, trade, business, company and domain names, rights in confidential information and other proprietary rights, and any rights to registration of such rights, whether created before or after the date of these Terms and anywhere in the world;
10. (j) Paid Plan means a Host provided on a subscription for which Fees are payable, as described in Part D;
11. (k) Payment Partner means Stripe, and any other third party payment service provider we use from time to time to process payments made through the Platform;
12. (l) Platform means the hosting and web infrastructure service we make available, including the control panel, the deployment tooling, the application programming interfaces and the network by which Your Content is served;
13. (m) Pricing Page means the page of the Website on which the Fees and the features of each plan are published from time to time, currently at [insert URL];
14. (n) Sub-processor List means the list of our infrastructure providers and other sub-processors published at [insert URL] and updated from time to time;
15. (o) Usage Allowance means the allowance of bandwidth, requests, compute, storage or other resource included in a plan, as published on the Pricing Page;
16. (p) Website means our website at https://pagelove.com and any page of it;
17. (q) Your Content means any code, file, text, image, video, audio, data, database, configuration, domain name or other material that you or anyone acting on your behalf uploads to, deploys on, generates on, stores on or serves through the Platform, and includes anything an End User submits to a Host operated by you; and
18. (r) You and your mean the person who uses the Website or the Platform. Clause 39 sets out the rules of interpretation that apply to these Terms.

3 ABOUT US AND HOW TO CONTACT US

3.1 We are PageLove Ltd, a company registered in England and Wales under company number 16755312 with registered office at Pagelove Ltd 275 New North Road Islington # 1593 London,  N1 7AA. Our VAT registration number is 517404312.

3.2 You can contact us by email at hello@pagelove.com or by telephone on +1 888 997 7458. Calls to that number cost no more than a basic rate. You can write to us at our registered office address above.

3.3 Reports of abuse, illegal content or other breaches of the AUP should be sent to abuse@pagelove.com. Clause 16 explains what we do with them.

3.4 If we have to contact you, we will do so by email at the address registered on your Account or, where you do not hold an Account, at the address you give us.

If you are in the European Union

3.5 We offer our services in the European Union, so the Digital Services Act (Regulation (EU) 2022/2065) applies to us even though we are established in the United Kingdom.

3.6 Our legal representative in the Union for the purposes of Article 13 of that Regulation is Rafael Moreira of [insert address], who can be contacted at eu@pagelove.com. You and the authorities may address that representative in addition to, or instead of, us.

3.7 Our single point of contact for the purposes of Article 12 of that Regulation, which you may use to communicate with us directly and rapidly, is hello@pagelove.com. We deal with correspondence in English, and we do not handle it by automated tools alone — a person will read what you send.

3.8 Our single point of contact for the authorities of Member States, the European Commission and the European Board for Digital Services, for the purposes of Article 11 of that Regulation, is eu@pagelove.com.

4 CHANGES TO THESE TERMS

4.1 We may change these Terms, the AUP and the Pricing Page for any of the following reasons: to reflect a change in law, regulation or regulatory guidance; to reflect a decision of a court, ombudsman or regulator; to reflect a change in the Platform or in the way we provide it; to improve the security of the Platform or to address a security, abuse or fraud risk; to reflect a change in our costs or in the third party services we use; or to make them clearer or fairer to you.

4.2 Where the change is not material, we will make it by updating the relevant page, and your continued use of the Website or the Platform after the update will represent your agreement to be bound by the amended version.

4.3 Where the change is material, we will give you at least 30 days' notice by email or by notice within the Platform before it takes effect. A change to the Fees is dealt with in clause 29.

4.4 If you are a Consumer and we make a material change which is to your disadvantage, you may end your Paid Plan and close your Account at any time before the change takes effect, and we will refund a proportionate part of any Fee you have paid for the unexpired part of the period you have paid for.

4.5 We keep previous versions of these Terms. If you would like a copy of the version in force on a particular date, ask us at hello@pagelove.com.

5 USING THE WEBSITE

5.1 This Part B applies to everyone who visits the Website, whether or not they hold an Account.

5.2 You must use the Website only in accordance with these Terms and any applicable law, and you must make sure that anyone who uses or accesses the Website through you does the same.

5.3 You must not:

1. (a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher, decompile or reverse engineer any part or aspect of the Website, except to the extent that applicable law does not allow us to prevent it;
2. (b) use, or attempt to use, the Website in a manner that is illegal or fraudulent, or that facilitates illegal or fraudulent activity;
3. (c) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create an undue burden on the Website or on the servers or networks that host it;
4. (d) act in a way that is calculated to damage our reputation, including by linking to the Website in a way that suggests any association, approval or endorsement that does not exist; or
5. (e) attempt to breach the security of the Website, or otherwise interfere with its normal operation, including by:
   1. (i) gaining or attempting to gain unauthorised access to any account, system or data;
   2. (ii) scanning, probing or testing the Website for security vulnerabilities, otherwise than in accordance with any published vulnerability disclosure policy of ours;
   3. (iii) overloading, flooding, mail-bombing, crashing or introducing a virus or other harmful code to the Website; or
   4. (iv) instigating or participating in a denial-of-service attack against the Website.

5.4 If you become aware of any misuse of the Website, any error in the material on it, or any difficulty in accessing or using it, please tell us at hello@pagelove.com.

6 INFORMATION ON THE WEBSITE

6.1 We make every reasonable effort to keep the information on the Website up to date and accurate. Subject always to clause 34.1, you acknowledge that we do not guarantee that:

1. (a) the Website will be free from errors or defects;
2. (b) the Website will be accessible at all times;
3. (c) messages sent through the Website will be delivered promptly, or delivered at all; or
4. (d) any information provided through the Website is accurate, complete or current.

6.2 Nothing on the Website is advice of any kind, and nothing on it is an offer capable of acceptance. Clause 27 explains how a contract for a Paid Plan is formed.

6.3 We may change any information or functionality on the Website at any time by updating it, including plan descriptions, technical specifications and prices. A change to the Pricing Page does not affect a Paid Plan you have already paid for.

7 OUR RIGHTS IN THE WEBSITE

7.1 We own, or hold a licence to, the Website and all material on it, including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads, databases and software (Website Content). We reserve all Intellectual Property Rights owned or licensed by us that are not expressly granted to you.

7.2 You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without our prior written consent or as permitted by law.

8 LINKS TO OTHER WEBSITES

8.1 The Website may contain links to websites operated by other people. We have no control over those websites and we are not responsible for their content, and the presence of a link does not imply our approval or endorsement.

8.2 The Platform serves websites operated by our customers. Those websites are not ours, we do not endorse them, and clause 13 explains our role in relation to them.

9 SECURITY AND YOUR DEVICE

9.1 You should take your own precautions to make sure that the way you access the Website does not expose you to a virus, malicious code or other interference. Subject always to clause 34.1, and to section 46 of the Consumer Rights Act 2015 where you are a Consumer, we do not accept responsibility for loss of or damage to computer systems, mobile phones or other devices arising in connection with your use of the Website.

10 WHO MAY USE THE PLATFORM

10.1 The Platform is not intended for use by anyone under the age of 18, or by anyone who has previously been suspended or prohibited from using it. By registering an Account you confirm that you are over 18 and have the legal capacity to enter into a binding contract.

10.2 If you use the Platform on behalf of a company, employer, organisation, government or other legal entity, you confirm that you have authority to bind it, and you and your in these Terms mean that entity as well as you personally.

10.3 You must not use the Platform if you are a person, or acting for or on behalf of a person, who is subject to a trade or financial sanction, export control or asset freeze applying in the United Kingdom, or if you are located in a territory subject to comprehensive sanctions of that kind.

11 ACCOUNTS

11.1 To use the Platform you must register an Account. As part of registration, and as part of your continued use of the Platform, you must give us information such as your first name and last name, an email address that we will ask you to verify, your country, and payment details if you buy a Paid Plan, together with any other information we reasonably require.

11.2 You confirm that the information you give us when you register, and afterwards, will be accurate and complete, and you must keep it up to date. In particular you must keep the email address on your Account current, because that is how we give you notices under clause 37.

11.3 We run sign-in ourselves and we use passkeys. There is no password on your Account, so there is no password for you to lose and none for us to hold.

11.4 You are responsible for keeping your passkeys, and the devices that hold them, secure, and for everything that happens under your Account, including anything done by anyone you allow to access it. You must not share your Account with anyone else except a person you have authorised to use it on your behalf, and you remain responsible for what that person does.

11.5 If you lose access to your passkeys, you can recover your account yourself. Ask for a 6-digit code to be sent to your recovery email address, enter it, and save a new passkey. Recovering your account signs you out of your other sessions. Your API keys and WebDAV credentials are kept, and the email we send suggests that you check them. If you cannot recover your account this way, contact us at support@pagelove.com.

11.6 You must tell us immediately at security@pagelove.com if you know or suspect any unauthorised use of your Account or your passkeys, or any other breach or potential breach of the security of the Platform.

11.7 We may, acting reasonably, decline to accept a registration, and we may limit the number of Accounts or Hosts you may hold. You must not create an Account using another person's identity or a false identity, and you must not create a new Account in order to get around a suspension or closure under clause 24.

11.8 You may close your Account at any time using the functionality in the Platform or, where that is not available, by emailing us at support@pagelove.com. Clause 31 explains what happens to a Paid Plan when you do, and clause 25 explains what happens to Your Content.

12 WHAT WE PROVIDE

12.1 We provide web infrastructure. In summary, we receive Your Content, store it, process requests for it and deliver it to End Users over the internet, together with the control panel, deployment tooling and other features described on the Website for the plan you are on.

12.2 What is included in a plan, including the Usage Allowance and any other limits, is set out on the Pricing Page. The Pricing Page prevails over any description of a plan elsewhere.

12.3 Where you are a Consumer, statements we make to you about the Platform which you take into account when deciding to subscribe, or when making a decision about the service afterwards, are terms of your contract with us under section 50 of the Consumer Rights Act 2015. Where you are not a Consumer, only the description on the Pricing Page and in these Terms forms part of our contract.

12.4 We do not provide, and the Platform is not, a backup service, an archiving service, a disaster recovery service or a data escrow service. Clause 18 explains what you must do about backups.

13 OUR ROLE: WE DO NOT CHECK OR PUBLISH YOUR CONTENT

13.1 We provide infrastructure. We are not the author, editor, publisher or curator of Your Content. We do not select it, approve it, review it before it is served, or monitor it generally, and we are not obliged to do so.

13.2 We do not carry out general monitoring of Your Content. We do operate automated monitoring of the Platform for security, abuse, resource and performance purposes, which may identify anomalous traffic or usage patterns. That monitoring is for the operation and protection of the Platform. It is not a review of Your Content, and you must not rely on the fact that Your Content is being served as evidence that we have reviewed it or that it complies with these Terms, the AUP or any law.

13.3 We become aware of unlawful or prohibited content principally when someone reports it to us, or when our monitoring identifies something that leads us to look. Clause 16 explains what happens then.

13.4 We do not guarantee, endorse or verify, and we make no representation or warranty about, Your Content, any website or application served through the Platform, or the identity, solvency, honesty or trading status of any person who operates one.

13.5 Nothing in this clause 13 limits any statutory protection available to us, including the protection for hosting in regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002.

14 YOUR CONTENT

Ownership and your licence to us

14.1 You own Your Content, or hold the rights in it. Nothing in these Terms transfers ownership of it to us.

14.2 You grant us a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, copy, cache, transmit, reformat, compress, encode and display Your Content, and to make derived copies of it, in each case only so far as is necessary to:

1. (a) operate the Platform and provide the service to you, including by distributing Your Content through the content delivery networks and infrastructure providers listed on the Sub-processor List;
2. (b) protect the security and integrity of the Platform and of our other customers;
3. (c) respond to a report under clause 16; and
4. (d) comply with our legal obligations, or a request from a court, regulator or law enforcement agency.

14.3 That licence lasts for as long as Your Content is on the Platform and, in relation to copies made for backup, security, legal or regulatory purposes, for as long as we retain those copies in accordance with our Privacy Policy. It then ends. We do not acquire any right to use Your Content for marketing, to train any model, or for any purpose other than those in clause 14.2, unless you give us separate written permission.

What you promise us about Your Content

14.4 You represent and warrant to us that, for as long as Your Content is on the Platform:

1. (a) you own Your Content or have all the rights, licences and permissions you need to upload it, store it and have it served through the Platform;
2. (b) Your Content and its publication do not infringe any Intellectual Property Rights or any right of confidence or privacy of any person;
3. (c) Your Content does not breach the AUP;
4. (d) Your Content does not contain any virus, worm, trojan, ransomware or other harmful code, and does not otherwise compromise the security or integrity of the Platform or of any network or system;
5. (e) Your Content and your operation of each Host comply with all laws that apply to you, to your business and to your End Users, which may include laws of countries other than the United Kingdom; and
6. (f) where any Host processes personal data, you have a lawful basis for that processing and you comply with data protection law in relation to it.

Your End Users

14.5 Your relationship with your End Users is yours alone. We are not a party to it, we have no contract with your End Users, and we owe them no duty in relation to Your Content. If your Host collects personal data from End Users, you must publish your own privacy notice and cookie notice, actively bring them to your End Users' attention, and obtain any consent their local law requires.

14.6 You are responsible for keeping your own records and copies of Your Content. See clause 18.

15 ACCEPTABLE USE

15.1 You must comply with the AUP, and you must make sure that everyone who uses your Account or your Hosts complies with it. Breach of the AUP is a material breach of these Terms.

15.2 Without limiting the AUP, you must not use the Platform to host, serve, store, transmit or link to anything that is unlawful, and you must not use it in a way that is likely to damage the Platform, our infrastructure providers, our other customers or our reputation.

15.3 We may update the AUP in accordance with clause 4. Clause 24 sets out what we may do if you breach it.

16 REPORTS, ILLEGAL CONTENT AND TAKEDOWN

How to report something to us

16.1 If you believe that anything hosted on or served through the Platform is illegal, infringes your rights or breaches the AUP, please tell us at abuse@pagelove.com. You do not need to hold an Account to make a report, and you do not need to use the Platform to make one.

16.2 To help us act quickly, please tell us why you think the content is illegal or in breach of the AUP, give us its exact location (the full URL, and any other identifier you have), and give us your name and an email address at which we can reach you. If you are reporting an infringement of your own rights, please also tell us what right you hold and how we can verify it. Please also confirm that you believe in good faith that what you have told us is accurate and complete. You do not have to give us your name or contact details if you are reporting child sexual abuse material.

16.3 We will acknowledge your report without undue delay, deal with it in a timely, diligent, non-arbitrary and objective way, and tell you the outcome and whether we used automated means in handling it.

What we do

16.4 We do not review Your Content before it is served, as clause 13 explains. Where we obtain actual knowledge of unlawful activity or information on a Host, or become aware of facts or circumstances from which it is apparent that activity or information is unlawful, we act expeditiously to remove it or to disable access to it.

16.5 How we moderate content. We use automated systems to monitor the Platform for security, abuse and resource problems, and those systems may flag a Host for us to look at. They do not decide on their own whether content comes down. A decision to remove content, to disable access to it or to suspend a Host is taken or reviewed by a person before it takes effect or, where we have had to act immediately to protect the Platform or to comply with the law, as soon as possible afterwards. We apply and enforce these Terms and the AUP diligently, objectively and proportionately, having regard to your rights and to the rights of everyone else affected, including the right to freedom of expression.

16.6 We may also remove, disable access to, restrict or suspend any part of Your Content, or any Host, which we reasonably consider:

1. (a) is illegal content, including illegal content within the meaning of section 59 of the Online Safety Act 2023;
2. (b) breaches the AUP or these Terms;
3. (c) infringes the rights of any person;
4. (d) presents a security, abuse or integrity risk to the Platform, to our infrastructure providers or to our other customers; or
5. (e) we are required to remove or disable by law, by a court, by a regulator or by a law enforcement agency.

Telling you, and challenging our decision

16.7 Where we take action under clause 16.6 we will give you a statement of reasons. It will tell you what we have done, the territorial scope of the action and how long it will last, the facts and circumstances we relied on, whether the action followed a report or our own monitoring, whether automated means were used to detect the content or to reach the decision, the legal ground where we consider the content illegal or the contractual ground where we consider it breaches these Terms or the AUP, and how you can challenge the decision. We will give it to you at the latest when the action takes effect.

16.8 We may withhold detail, or act without telling you first, where telling you would be unlawful, would prejudice an investigation, has been asked for by a law enforcement agency, would help others evade our abuse controls, or would disclose someone else's confidential information.

16.9 If you think we have got it wrong, you may ask us to review the decision by emailing abuse@pagelove.com within 30 days. A person who was not involved in the original decision will review it, and we will tell you the outcome. If we find that we were wrong, we will restore the content or the Host as soon as we reasonably can.

16.10 We keep records of reports we receive, of the action we take and of the reasons for it, for the periods set out in our Privacy Policy, and so that we can produce them if required by a court, regulator or law enforcement agency.

16.11 Where we are required to do so we report child sexual exploitation and abuse content to the National Crime Agency, and we may disclose information about you or about a Host to a law enforcement agency, regulator or court where the law requires it or where we reasonably consider it necessary to prevent or detect crime.

17 USAGE ALLOWANCES AND FAIR USE

17.1 Each plan includes a Usage Allowance, published on the Pricing Page. The Usage Allowance measures the requests your Hosts serve, the bandwidth they use, the storage they occupy, and the compute operations used to serve individual pages.

17.2 Composing a page is also subject to a time limit. If composing a page takes longer than that limit, we stop and the page is not served. The limits in force from time to time are published on the Pricing Page. A time limit is not a Usage Allowance and reaching one does not mean you have exceeded your Usage Allowance.

17.3 We will tell you when your usage approaches your Usage Allowance, and again when you reach it.

17.4 If you exceed your Usage Allowance we may do any of the following, and we will tell you which before we do it:

1. (a) allow you to buy additional usage, at the price shown on the Pricing Page, so that the Host keeps running;
2. (b) reduce the performance of the Host, or the rate at which we serve requests for it, until the start of the next billing period; or
3. (c) stop serving the Host until you buy additional usage or until the start of the next billing period.

17.5 We will not charge you for usage above your Usage Allowance unless you have expressly agreed to buy additional usage. We will not treat your failure to change a default option, such as a pre-ticked box, as agreement to an additional payment.

17.6 Separately from the Usage Allowance, you must not use the Platform in a way that places a disproportionate or abnormal load on it, that degrades the service for our other customers, or that is inconsistent with the way the plan you have bought is described on the Pricing Page. If your usage does so, we may, acting reasonably and proportionately, restrict, throttle, suspend or move it, or ask you to move to a different plan.

17.7 Before taking action under clause 17.6 we will tell you what the problem is and give you a reasonable opportunity to fix it, unless the load is causing, or is about to cause, material harm to the Platform or to our other customers, in which case we may act first and tell you as soon as we reasonably can.

18 WHAT WE ASK OF YOU

18.1 You must keep your own current backup of Your Content, held somewhere other than the Platform. We take backups for our own operational purposes, but they are not a service to you, we do not guarantee that they exist, are complete or can be restored, and you must not rely on them.

18.2 We give each Host a subdomain of a domain we own. We own that domain and every subdomain of it. You have a licence to use the subdomain allocated to your Host for as long as that Host is active, and you acquire no other right in it. Nothing in these Terms transfers a subdomain to you.

18.3 A subdomain name must not impersonate another person or organisation, must not be designed to be mistaken for one, and must not otherwise breach the AUP.

18.4 We may reclaim, rename or reallocate a subdomain where we reasonably need to, including where the Host is closed or removed, where the name breaches clause 18.3, where the name was registered to prevent someone else using it, or where we are required to by law, by a court or by a regulator. We will give you reasonable notice and, where it is practical, a chance to choose a new name, unless we have to act at once.

18.5 Where we make the feature available, you may point a domain you own at a Host. You are responsible for your own domain names, including registering them, renewing them and configuring them. Unless we expressly agree otherwise in writing, we are not your domain registrar and we do not hold your domain names.

18.6 You are responsible for the security of Your Content and of anything you build on the Platform, including the code you deploy, the dependencies you use, the credentials and secrets you store, and the access you grant to other people.

18.7 You must co-operate with us on any security, abuse or resource issue affecting your Account or a Host, and give us any information we reasonably ask for in order to investigate it.

18.8 You must comply with the terms of any third party service you use through or alongside the Platform, and with any open source licence applying to code you deploy.

19 THE SERVICE AND ITS LIMITS

19.1 The Platform is a live service and its features are subject to change. Subject always to clause 34.1 and to clause 19.2, we do not represent, warrant or guarantee that:

1. (a) the Platform, or any Host, will be free from errors, defects or interruption;
2. (b) the Platform will be accessible at all times;
3. (c) Your Content will be served without delay, corruption or loss;
4. (d) information transmitted over the internet will be free from interception, delay or corruption, although we take the security measures described in our Privacy Policy; or
5. (e) the Platform will meet any particular performance, latency or availability figure, unless we have expressly agreed one with you in writing.

19.2 Clause 19.1 does not apply to you if you are a Consumer, to the extent that it would exclude or restrict our liability under section 49 of the Consumer Rights Act 2015 (reasonable care and skill), under section 50 of that Act (information we have given you about the service), or under any other provision that section 57 of that Act prevents us from excluding or restricting.

19.3 We do not commit to any particular level of availability, and we do not offer service credits or refunds for periods during which the Platform is unavailable. If you are a Consumer, that does not affect your statutory rights, including your rights under sections 54 to 56 of the Consumer Rights Act 2015.

19.4 If you are not a Consumer, our liability to you in respect of any period during which the Platform or a Host is unavailable, interrupted, delayed, slow or impaired is limited as set out in clause 34. A Negotiated Agreement may provide otherwise, and where it does, it prevails.

19.5 We aim to make the Platform available at all times, but it will not always be. We may suspend, withdraw, restrict or change all or any part of the Platform for maintenance, upgrade, repair, security or commercial reasons. Where we plan to do so we will give you as much notice as is reasonably practicable and will try to schedule it outside peak hours. Where we have to act immediately for security or stability reasons we will tell you as soon as we reasonably can.

19.6 We may add to, change, improve or withdraw the features of the Platform, including the features included in a plan, at any time in accordance with clause 4, and within the limits that consumer law allows. If a change materially reduces the features included in a Paid Plan you have already paid for, clause 4.4 applies if you are a Consumer, and if you are not a Consumer you may end the Paid Plan on notice and we will refund a proportionate part of the Fee for the unexpired period.

19.7 We choose where the Platform runs. At the date of these Terms our infrastructure is hosted in the United States and we use a content delivery network to distribute Your Content, which means that Your Content may be cached and served from locations anywhere in the world. We may change our infrastructure providers and the locations we use at any time. The providers we use from time to time are listed on the Sub-processor List. Clause 20 and our Privacy Policy explain what this means for personal data.

20 DATA PROTECTION

20.1 Where we handle personal data about you as our customer, we do so as a controller, and our Privacy Policy explains how.

20.2 We are also a controller in our own right of the request logs we generate when we serve a Host, including the End User's IP address, which we use to deliver the response, to keep the Platform secure and to meter usage. We are not your processor for that, and our Privacy Policy explains it.

20.3 Where Your Content contains personal data about your End Users or about anyone else, you are the controller of that personal data and we process it as your processor. In that case:

1. (a) we will process it only on your documented instructions, which are these Terms and your use of the Platform, unless we are required to do otherwise by law, in which case we will tell you before we do so unless the law prevents us;
2. (b) we will make sure that the people we allow to process it are subject to a duty of confidence;
3. (c) we will take appropriate technical and organisational measures to keep it secure;
4. (d) we will assist you, so far as is reasonable and taking account of the nature of the processing and the information available to us, with your obligations on security, personal data breaches, data protection impact assessments and requests from data subjects;
5. (e) we will tell you without undue delay after becoming aware of a personal data breach affecting it;
6. (f) we will, at your choice, delete or return it at the end of your contract with us, except to the extent that we are required by law to keep it, that clause 25.5 applies to it, or that it sits in a backup or cached copy dealt with under clauses 25.6 and 25.7; and
7. (g) we will make available to you the information you reasonably need to demonstrate our compliance with this clause 20.3, and allow for and contribute to audits, on reasonable notice and no more than once a year unless a regulator requires otherwise; and
8. (h) we will tell you immediately if, in our opinion, an instruction you give us would infringe data protection law.

20.4 For the purposes of Article 28(3) of the UK GDPR, the processing has the following particulars. Subject matter: hosting and serving Your Content on the Platform. Duration: the term of your contract with us, and the periods in clause 25. Nature and purpose: storage, transmission, caching, backup, deletion and the security and operation of the Platform, so that we can provide it to you. Type of personal data: whatever personal data you choose to put into, or collect through, a Host. Categories of data subject: your End Users and anyone else whose personal data you put into a Host. Your obligations and rights as controller are those set out in this clause 20 and in data protection law.

20.5 You give us general written authorisation to appoint sub-processors. The sub-processors we use are listed on the Sub-processor List. We will give you at least 30 days' notice, by updating that list and by email or notice in the Platform, before we add or replace a sub-processor, so that you may object. If you object on reasonable data protection grounds and we cannot accommodate you, you may end your Paid Plan and we will refund a proportionate part of any Fee you have paid for the unexpired period.

20.6 We impose on each sub-processor obligations equivalent to those in clause 20.3, and we remain responsible to you for what they do.

20.7 Because our infrastructure is in the United States and we use a content delivery network, personal data in Your Content will be transferred outside the United Kingdom. We put in place a transfer mechanism permitted by UK data protection law for each transfer, and we will tell you which mechanism applies and give you a copy of any safeguards if you ask.

20.8 If we are required to enter into a separate data processing agreement with you, or to sign standard data protection clauses, we will do so on reasonable request at support@pagelove.com. Where we do, that agreement prevails over this clause 20 to the extent of any inconsistency.

20.9 You must not use the Platform to process special category personal data, criminal offence data or children's personal data on a significant scale without telling us first at support@pagelove.com, so that we can consider whether we can support it.

21 OUR INTELLECTUAL PROPERTY

21.1 We own, or hold a licence to, the Platform and everything developed or provided in connection with it, including the control panel, the tooling, the application programming interfaces, the documentation, the databases and the software (Platform Content). We reserve all Intellectual Property Rights owned or licensed by us that are not expressly granted to you.

21.2 We grant you a non-exclusive, non-transferable, revocable licence to use the Platform and the Platform Content for the purpose of operating your Hosts, for as long as your Account is open and you comply with these Terms.

21.3 You must not reproduce, transmit, adapt, distribute, sell, modify, publish, white-label or present yourself as the provider of the Platform or any Platform Content without our prior written consent or as permitted by law. You must not claim to be associated with, or endorsed by, us unless we have agreed it in writing.

21.4 If you give us feedback or suggestions about the Platform, we may use them without restriction and without owing you anything. You are not obliged to give us feedback.

22 THIRD PARTY SERVICES

22.1 The Platform may integrate with, link to, or be provided using services operated by other people, including our infrastructure providers, our Payment Partners and any integration you choose to connect. Those services are governed by that third party's own terms and privacy policy, which are between you and them. You should read them before you use the service.

22.2 Subject always to clause 34.1, we are not responsible for any act or omission of a third party service provider, including any refusal or delay in processing a payment, any issue with the security or performance of their platform, or any fee they charge you. This does not apply to you if you are a Consumer, to the extent that the third party is a sub-contractor we have chosen to perform part of the service, including our infrastructure providers.

23 CONFIDENTIALITY

23.1 Each of us may learn non-public information about the other through the Platform. Neither of us may disclose the other's non-public information to anyone else, or use it for any purpose other than performing this contract, except where disclosure is required by law, by a court, by a regulator, to our professional advisers under a duty of confidence, or to our sub-processors and infrastructure providers to the extent permitted by clause 14.2 and subject to equivalent obligations of confidence.

23.2 This clause 23 does not apply to information which is or becomes public through no breach of it, which the receiving party already had without a duty of confidence, or which the receiving party develops independently.

23.3 Your Content is your confidential information to the extent that it is not public. Content you publish, or make available to End Users generally, is not confidential.

23.4 Whether Your Content is public depends on how you configure your Host and on the access you give to End Users. That is your responsibility and not ours, and we do not assess it for you.

23.5 We will not access Your Content except as permitted by clause 14.2, clause 16 or clause 20, or where you ask us to in order to provide support.

24 SUSPENSION AND TERMINATION BY US

24.1 We may suspend or close your Account, suspend or remove a Host, or restrict or withdraw your access to the Platform, if:

1. (a) you breach, or we reasonably suspect that you have breached, these Terms or the AUP;
2. (b) you fail to pay a Fee when it is due and do not pay it within 14 days of our reminder;
3. (c) we reasonably suspect that you or your Account is involved in fraud, money laundering, sanctions evasion or any other unlawful activity;
4. (d) your usage is causing, or is about to cause, material harm to the Platform, to our infrastructure providers or to our other customers;
5. (e) we are required to act by law, by a court, by a regulator or by a law enforcement agency; or
6. (f) we reasonably consider it necessary to protect the Platform, our business, our other customers or the public.

24.2 We will act proportionately. We will give you as much notice as is reasonably practicable and will tell you the reason, and where the breach can be put right and there is no immediate risk we will give you a reasonable opportunity to put it right before we act. Where the breach is serious, cannot be put right, or the law or an immediate risk requires us to act at once, we may act without prior notice and tell you as soon as we reasonably can.

24.3 Clause 16.7 applies to a suspension or removal under this clause 24 as it applies to action taken under clause 16.6, and clause 16.9 gives you the right to challenge it.

24.4 If your Account is suspended or closed, your access to the control panel and tooling will be restricted or revoked, and your Hosts will stop being served.

24.5 We may also end your contract with us for convenience, by giving you at least 60 days' notice by email. If we do, we will refund a proportionate part of any Fee you have paid for the unexpired period, and clause 25 applies to Your Content.

24.6 Clause 32 explains when a Fee is and is not refunded on suspension or closure.

25 WHAT HAPPENS TO YOUR CONTENT WHEN YOUR ACCOUNT ENDS

25.1 When your Account is closed, or a Host is removed, we stop serving Your Content immediately.

If you close your Account or remove a Host

25.2 If you close your Account, or remove a Host yourself, we delete Your Content from our live systems within 24 hours. We do not keep a copy for you to retrieve afterwards. Export anything you want to keep before you close your Account or remove a Host.

If we close your Account or remove a Host

25.3 If we close your Account, or remove a Host without closing your Account, we take an archive copy of Your Content and offer it to you, unless the Host is subject to an open report under clause 16 or to a request from a law enforcement agency, regulator or court. Taking an archive copy is something we do by hand. It does not happen automatically.

25.4 Where we have taken an archive copy and offered it to you, we keep it for as long as our correspondence with you about it remains open, and we delete it when that correspondence ends. If you do not reply to us for 30 days, we delete it.

25.5 Where a Host is subject to an open report, or to a request from a law enforcement agency, regulator or court, we keep an archive copy for as long as that process requires, and for that purpose only. We will not give you a copy of content we removed because it was illegal.

Backups and cached copies

25.6 Deleting Your Content from our live systems does not delete it from our backups at the same moment. When the live copy is deleted we put any backup copy beyond use: we do not access it, we do not use it to inform any decision, we do not give anyone else access to it, we keep it protected, and it is overwritten in the normal course of our backup cycle.

25.7 Copies of Your Content that have been cached in our content delivery network are not purged when Your Content is deleted. A cached copy expires in accordance with the cache headers you set on that content, so you should set cache headers that reflect how long you are willing for copies to remain available after deletion. If you need a cached copy removed sooner, including in order to comply with a data protection request, tell us at support@pagelove.com and we will purge it where we are able to. We will also purge it where the law requires us to.

General

25.8 Deletion is not reversible. Clause 18.1 is why you must keep your own backup.

25.9 We will not hold Your Content hostage. We will not refuse to let you export Your Content because of a dispute about Fees, although we may suspend the serving of a Host under clause 24.

26 THE FREE PLAN

26.1 We offer a Free Plan. It is free of charge, and no Fee is payable for it. Which features and what Usage Allowance are included in the Free Plan is set out on the Pricing Page.

26.2 We add a “Powered by PageLove” banner to the foot of every Host on the Free Plan. You must not remove, hide, obscure, alter or interfere with it, and you must not instruct anyone else to. If you do, we may suspend or remove the Host under clause 24. The banner is our own branding. It is not advertising, it is the same on every Free Plan Host, and it is not targeted at anyone. We do not add it to a Host on a Paid Plan.

26.3 The Free Plan is provided for you to try and to build with. We may change what the Free Plan includes, or withdraw it, in accordance with clause 4.

26.4 We may remove a Host on the Free Plan, or stop offering the Free Plan to you, at any time by giving you at least 30 days’ notice by email. During that period you can export Your Content or upgrade the Host to a Paid Plan. If you do neither, clause 25 applies when the notice period ends.

26.5 We may remove a Host on the Free Plan without that notice where we have serious grounds to do so — for example where you have breached these Terms or the AUP, where the Host presents a security, legal or reputational risk, or where we are required to act by law, by a court or by a regulator. Clause 24 applies.

26.6 We may also remove a Host on the Free Plan which has not been used for a continuous period of 6 months, after giving you at least 30 days’ notice by email.

26.7 Everything in Part A, Part B, Part C and Part E applies to the Free Plan. In Part D, this clause 26 applies to the Free Plan and clauses 27 to 33 apply only where you buy a Paid Plan.

26.8 You may upgrade a Host from the Free Plan to a Paid Plan at any time through the control panel. Clause 27 applies when you do.

27 HOW THE CONTRACT FOR A PAID PLAN IS FORMED

27.1 Your order for a Paid Plan or another paid feature is an offer to buy it from us. We accept your offer, and the contract between us is concluded, when we send you an order confirmation by email. If we cannot accept your order we will tell you and will not charge you.

27.2 Before you place your order we will give you, in a clear and comprehensible way, all of the information the law requires us to give you, including a description of what you are buying, the total price including taxes, the arrangements for payment and performance, the duration of the contract, how to end it, our complaints procedure, and your right to cancel together with the cancellation instructions and model cancellation form in the Schedule.

27.3 Directly before you place your order we will show you the main characteristics of what you are buying, the total price, the billing period and any additional charge. The button you use to place your order is labelled “order with obligation to pay”, or with similarly unambiguous wording.

27.4 We will also tell you the technical steps needed to conclude the contract, whether we will file the contract and whether it will be accessible, the technical means for identifying and correcting input errors before you place your order, and the languages in which the contract may be concluded. We deal in English. We will make these Terms available to you in a way that allows you to store and reproduce them.

27.5 We will acknowledge receipt of your order without undue delay and by electronic means. That acknowledgement is not our acceptance of your order; clause 27.1 is.

27.6 We will also send you confirmation of the contract on a durable medium, by email, within a reasonable time after the contract is concluded and no later than the time the Host is first served on the Paid Plan. It will contain the information in clause 27.2.

27.7 If we discover an error in the price at which your order was placed, we will contact you as soon as possible. You will then have the option of buying at the correct price or cancelling your order, and if you cancel and payment has already been taken, we will refund it in full.

28 FEES, BILLING AND PAYMENT

28.1 A Paid Plan is sold per Host. The Fee is payable monthly in advance, on a rolling monthly basis, and the billing period begins on the day we accept your order and renews on the same day of each following month. The Fees in force from time to time are published on the Pricing Page.

28.2 The Paid Plan renews automatically at the end of each billing period, and the Fee for the next billing period is taken on the renewal date, unless you end it under clause 31 before the renewal date. Because it is a rolling monthly plan, you are never committed for more than one month at a time.

28.3 Before the first renewal, and at least once in every six months after that, we will remind you by email that the Paid Plan is continuing, what it costs, when the next payment will be taken, and how to end it. We will send that reminder in reasonable time for you to decide and act before the renewal date.

28.4 All Fees are payable in advance, and a Host is not served on a Paid Plan until payment has been received in full and cleared.

28.5 Payments are processed by our Payment Partner, currently Stripe. We do not collect, process or store your full card details. Your use of a Payment Partner is governed by its own terms and privacy policy, which are between you and it. Clause 22 applies.

28.6 You must keep a valid payment method on your Account. If a payment fails, is reversed or is charged back, we will tell you and try again, and if it is still not paid we may suspend the Host under clause 24 and recover the amount from you as a debt.

28.7 We may correct, or instruct a Payment Partner to correct, any error in collecting a payment from you. Where the correction means you have paid too much, we will refund the difference.

28.8 We will not charge you any amount in addition to the price displayed for the plan or feature you have selected unless you have expressly agreed to that additional payment. We will not treat your failure to change a default option, such as a pre-ticked box, as agreement.

28.9 We do not currently offer annual plans. If we introduce one, we will tell you the price and the renewal date before you order it, we will not default you onto it, and we will remind you before each renewal.

29 CHANGES TO THE FEES

29.1 We may change our Fees, our plan names, the Usage Allowances and the features included in each plan, for any of the reasons set out in clause 4.1, by updating the Pricing Page.

29.2 A change to the Fee for a plan you are on takes effect at your next renewal date, and only if we have given you at least 30 days' notice by email before that date. The notice will tell you the old price, the new price, the date the new price takes effect, and how to end the Paid Plan if you do not want to pay it.

29.3 A reduction in the Usage Allowance, or the removal of a feature, for a plan you are on is a material change to your disadvantage. It takes effect at your next renewal date and only if we have given you at least 30 days' notice by email before that date, and clauses 4.4 and 19.6 apply to it.

29.4 If you do not want to pay the new Fee, you may end the Paid Plan under clause 31 before it takes effect, at no cost.

29.5 A change to the Fees never affects a billing period you have already paid for.

30 YOUR RIGHT TO CHANGE YOUR MIND (CONSUMERS)

30.1 If you are a Consumer, you have a legal right to cancel your order for a Paid Plan within 14 days of the day on which the contract between us is concluded, which is the day we send you the order confirmation under clause 27.1, without giving any reason. This is your right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The Schedule contains the cancellation instructions and the model cancellation form.

30.2 To exercise that right you must make a clear statement that you wish to cancel. You may use the model cancellation form in the Schedule, but you do not have to; an email to support@pagelove.com is enough. It is enough that you send your cancellation before the 14 day period ends — it does not matter if it reaches us afterwards. If you cancel using a form on the Platform, we will acknowledge receipt by email without delay.

30.3 Because we normally start serving a Host straight away, we will ask you, when you place your order, to make an express request for us to begin providing the Paid Plan during the 14 day cancellation period. We will also tell you that you will have to pay for what you have used if you then cancel.

30.4 If you cancel under clause 30.1 after we have begun providing the Paid Plan at your express request, you must pay us an amount in proportion to the part of the billing period for which the Paid Plan was provided, up to the moment you told us you were cancelling. That amount is calculated on the basis of the total Fee for the billing period. We will refund the balance within 14 days of the day we are told of your decision to cancel, using the same means of payment you used, and we will not charge you a fee for the refund.

30.5 You will not have to pay anything for the period before you cancelled if we began providing the Paid Plan without your express request, or if we failed to give you the information about your right to cancel that we are required by law to give you.

30.6 If we have not given you the information about your right to cancel that we are required by law to give you, the 14 day period is extended by up to 12 months.

30.7 This clause 30 does not apply if you are not a Consumer.

31 ENDING A PAID PLAN

31.1 You may end a Paid Plan at any time, for any reason, through the control panel. We make that a straightforward process which you can complete online, and we display the instructions where you would expect to find them. You do not have to telephone us, and you do not have to give a reason.

31.2 If you cannot do it through the control panel, you may end the Paid Plan by telling us in a clear statement at support@pagelove.com.

31.3 Ending a Paid Plan takes effect at the end of the billing period you have paid for. Until then the Host continues to be served, and clause 32 explains when you get a refund. You may also ask us to end it immediately, in which case the Host stops being served straight away and clause 32 still applies.

31.4 When you end a Paid Plan we will send you confirmation by email, stating the date on which it ends and any refund due to you under clause 32. We will do this within 24 hours where you ended it online, and within 3 business days where you told us any other way.

31.5 Ending a Paid Plan does not close your Account. If you want to close your Account, clause 11.8 explains how, and clause 25 explains what happens to Your Content.

31.6 When a Paid Plan ends and you have not downgraded the Host to the Free Plan, we stop serving the Host and clause 25 applies to it as if you had removed it.

31.7 You may instead downgrade a Host from a Paid Plan to the Free Plan, if a Free Plan is available at the time. The downgrade takes effect at the end of the billing period you have paid for, and the Host will then be subject to the Free Plan's Usage Allowance and features.

32 REFUNDS

32.1 If you are a Consumer, clause 30 sets out your refund rights when you cancel within 14 days, and nothing in this clause 32 affects your statutory rights, including your rights under the Consumer Rights Act 2015.

32.2 Apart from that, we do not refund the Fee for a billing period that has already begun if you end the Paid Plan part way through it, because the Host continues to be served for the rest of that period. If you ask us under clause 31.3 to stop serving it straight away, we refund the proportion of the Fee that relates to the unexpired part of the billing period.

32.3 If we suspend or remove a Host or close your Account under clause 24 because you have breached these Terms or the AUP:

1. (a) where the breach was deliberate or fraudulent, or seriously prejudicial to us, to another customer or to the public, we do not give a refund; and
2. (b) in any other case, we refund the proportion of the Fee that relates to the unexpired part of the billing period you have paid for.

32.4 If we suspend or remove on the basis of a reasonable suspicion which later turns out to be unfounded, we will restore the Host as soon as we reasonably can. If you are a Consumer, this does not affect your statutory rights.

32.5 Where we owe you a refund, we will pay it without undue delay and in any event within 14 days, using the same means of payment you used, and we will not charge you a fee for it.

33 TAX

33.1 Fees are stated inclusive of VAT and of any equivalent sales, consumption, goods and services or turnover tax. Where we are required to charge any such tax, it is included in the price shown on the Pricing Page and will be itemised before you complete your order and on your invoice.

33.2 Fees are charged in US dollars. If your payment method is denominated in another currency, your bank or card issuer may apply its own exchange rate and charges, which are between you and them.

33.3 If you are established outside the United Kingdom and are acting in the course of a business, you must give us a valid VAT or other tax identification number for your jurisdiction if we ask for one, and you must tell us if it changes.

33.4 You are responsible for any tax arising from your own use of a Host and from your own dealings with your End Users, and we are not accountable for it.

34 LIABILITY

34.1 Nothing in these Terms excludes or limits our liability for:

1. (a) death or personal injury caused by our negligence;
2. (b) fraud or fraudulent misrepresentation;
3. (c) defective products under the Consumer Protection Act 1987;
4. (d) where you are a Consumer, our liability under sections 49 and 50 of the Consumer Rights Act 2015, and our liability under sections 49 to 52 of that Act to the extent that section 57 of that Act prevents us from restricting it; or
5. (e) any other liability which cannot lawfully be excluded or limited.

34.2 Subject always to clause 34.1, we are not liable to you for any loss or damage arising out of or in connection with:

1. (a) Your Content, including its content, accuracy, legality or availability, or anything you do or fail to do with a Host;
2. (b) any claim brought against you by an End User or by anyone else in connection with a Host;
3. (c) any act or omission of an End User or of any other person who uses your Account;
4. (d) loss or corruption of Your Content, to the extent that it would have been avoided if you had kept a current backup as clause 18.1 requires;
5. (e) the Platform being unavailable, interrupted, delayed, slow or impaired;
6. (f) any act or omission of a third party service provider other than a sub-contractor we have chosen to perform part of the service; or
7. (g) your failure to comply with the AUP or with any law that applies to you.

34.3 Subject always to clause 34.1, if you are not a Consumer we are not liable for any of the following, whether direct or indirect: loss of profit; loss of sale, business or contract; loss of anticipated saving; loss of or damage to goodwill or reputation; loss of opportunity; loss of or corruption of data; business interruption; or wasted expenditure.

34.4 Subject always to clause 34.1, if you are a Consumer we are not liable for any loss or damage that was not reasonably foreseeable at the time you agreed to these Terms. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time you agreed to these Terms, both you and we knew it might happen.

34.5 Subject always to clause 34.1, our total aggregate liability to you under these Terms in respect of all claims arising in any rolling 12 month period ending on the date the claim arose, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, is limited to the greater of:

1. (a) the total Fees you paid to us in that period; and
2. (b) £1,000 if you are a Consumer, or £500 if you are not.

34.6 Where Fees were paid in a currency other than pounds sterling, they are converted for the purposes of clause 34.5 at the Bank of England spot rate on the date the claim arose.

34.7 If you are a Consumer, nothing in clause 34.5 prevents you from recovering the price you have paid for a Paid Plan.

34.8 Where you use the Platform wholly or mainly for the purposes of a trade, business, craft or profession you are not a Consumer, and the provisions of these Terms that apply where you are not a Consumer apply to you.

34.9 To the extent that any applicable law imposes restrictions on the extent to which liability can be excluded under these Terms — in particular the requirement of reasonableness under sections 2, 3 and 11 of the Unfair Contract Terms Act 1977 and section 3 of the Misrepresentation Act 1967, which apply where you are not a Consumer, and the fairness requirements in Part 2 of the Consumer Rights Act 2015, which apply where you are a Consumer — the exclusions and limitations in clauses 34.2 to 34.5 apply only to the extent permitted by those restrictions. Any exclusion or limitation which is not affected by those restrictions remains in full force and effect. Each of them operates separately, and if any part is held to be unreasonable, unfair or otherwise unenforceable, the remainder continues to apply.

35 INDEMNITY

35.1 If you are not a Consumer, you indemnify us, and our officers, employees and agents, and keep us indemnified, against all losses, liabilities, damages, claims, demands, costs and expenses (including reasonable legal fees) which we incur or suffer arising out of or in connection with:

1. (a) Your Content;
2. (b) any claim by an End User or by any other person in connection with a Host;
3. (c) your breach of these Terms or of the AUP; or
4. (d) your use of the Platform in breach of any applicable law.

35.2 We will tell you promptly of any claim to which clause 35.1 applies, will not settle it without your consent (not to be unreasonably withheld), and will give you reasonable assistance at your cost.

35.3 This clause 35 does not apply to you if you are a Consumer.

36 COMPLAINTS AND DISPUTES

36.1 If you are unhappy with the Platform, with our service, or with anything else, please tell us at support@pagelove.com so that we have the chance to put it right. We will acknowledge your complaint within 5 business days, tell you who is dealing with it, and aim to give you a final response within 20 business days. If we need longer, we will tell you why and when you can expect an answer.

36.2 A complaint about how we handle personal data is dealt with under our Privacy Policy, which explains your right to complain to us, to the Information Commissioner and to any other supervisory authority.

36.3 A report about content on a Host, or a challenge to something we have removed, is dealt with under clause 16.

36.4 We are not a member of an alternative dispute resolution scheme and we are not required to use one, so we will not be referring a complaint to one. Nothing in these Terms prevents or delays you from taking legal proceedings, or from referring a matter to an alternative dispute resolution provider yourself, at any time.

37 NOTICES

37.1 A notice under these Terms must be in writing and in English. A notice to us may be sent by email to hello@pagelove.com or by post to our registered office under clause 3, and a notice exercising your right to cancel under clause 30 may be given by any clear statement. A notice to you is sent by email to the address registered on your Account, and you must keep that address up to date.

37.2 Unless the sender knows, or reasonably ought to suspect, that the email was not delivered, a notice sent by email is taken to be given on the earlier of 24 hours after it was sent (or, if that falls on a day which is not a business day, on the next business day) and the time it is replied to. A notice sent by post is taken to be given on the second business day after posting.

37.3 We may also give you notice by posting it in the control panel, and, where we operate one, for a notice about maintenance or availability we may use our status page at [insert status page URL].

38 GENERAL

Governing law and jurisdiction

38.1 These Terms, and any dispute or claim (including a non-contractual dispute or claim) arising out of or in connection with them, their subject matter or their formation, are governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.

38.2 If you are a Consumer resident outside England and Wales, nothing in clause 38.1 deprives you of the protection of any mandatory provision of the law of your country of residence, or of your right to bring proceedings in the courts of that country where the law of that country gives you that right.

38.3 We make no representation that the Platform is appropriate or available for use in any particular country. If you use it from outside the United Kingdom, you do so on your own initiative and you are responsible for complying with the law that applies to you.

Third party rights

38.4 A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them. In particular, your End Users have no rights under these Terms.

Force majeure

38.5 We are not liable for any failure or delay in performing our obligations under these Terms where that failure or delay results from an event beyond our reasonable control, including any failure of the internet or of a telecommunications network, and including any act of God, fire, flood, epidemic, act of terrorism, war, cyber-attack, sanction or industrial action. We will tell you as soon as reasonably practicable and will take reasonable steps to minimise the effect. If the event continues for more than 30 days, either of us may end the contract between us, and we will refund a proportionate part of any Fee you have paid for the unexpired period.

38.6 If you are a Consumer, clause 38.5 does not excuse us from a failure by a sub-contractor we have chosen, including our infrastructure providers.

Waiver

38.7 Neither of us may rely on the words or conduct of the other as a waiver of any right unless the waiver is in writing and signed by the party granting it. A delay in enforcing a right is not a waiver of it.

Severance

38.8 Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the rest is not affected.

Joint and several liability

38.9 An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

Assignment

38.10 You may not assign, novate or otherwise transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to any person, provided that this does not adversely affect your rights.

Entire agreement

38.11 If you are not a Consumer, these Terms, together with any Negotiated Agreement, the AUP and the Pricing Page, embody the entire agreement between you and us and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to their subject matter, and you acknowledge that you have not relied on any statement or representation which is not set out in them. Nothing in this clause limits any liability for fraud or fraudulent misrepresentation, and this clause does not apply to you if you are a Consumer.

No partnership or agency

38.12 Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us.

Survival

38.13 Ending your contract with us does not affect any right, remedy, obligation or liability which has accrued before it ends. The following survive: clauses 14.1 to 14.6, and the clauses headed “Definitions”, “What happens to Your Content when your Account ends”, “Our intellectual property”, “Confidentiality”, “Liability”, “Indemnity”, “Notices”, “General” and “Interpretation”.

39 INTERPRETATION

39.1 In these Terms:

1. (a) (singular and plural) words in the singular include the plural, and vice versa;
2. (b) (gender) words indicating a gender include the corresponding words of any other gender;
3. (c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
4. (d) (person) a reference to a “person” or to “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
5. (e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation;
6. (f) (these Terms) a reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of these Terms, and a reference to these Terms includes every schedule to them;
7. (g) (Parts) clause numbering runs continuously through Part A, Part B, Part C, Part D and Part E, and a reference to a clause number is a reference to that clause wherever it appears;
8. (h) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
9. (i) (statute) a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time, and includes all subordinate legislation made under it;
10. (j) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
11. (k) (includes) the word “includes”, and similar words in any form, are not words of limitation;
12. (l) (adverse interpretation) except where you are a Consumer, no provision of these Terms will be interpreted adversely to a party because that party was responsible for their preparation. Where you are a Consumer, section 69 of the Consumer Rights Act 2015 applies, so that if a term could have more than one meaning the meaning most favourable to you prevails; and
13. (m) (currency) a reference to “£” or to “pounds” is to pounds sterling, unless otherwise agreed in writing.