Terms of Service

Last updated: 19 May 2024

1. Introduction

These terms and conditions (the "Terms") govern your use of the LocalEmpire website and services (the "Services") operated by AR Technologies Ltd trading as LocalEmpire ("we", "us", "our"). By accessing our website at https://localempire.co or using our Services, you agree to be bound by these Terms.

If you disagree with any part of these Terms, please do not use our website or Services.

2. Definitions

In these Terms:

  • "Client", "You", "Your" refers to you, the person or organisation accessing our website and accepting these Terms.
  • "Party", "Parties" refers to both you and us, or either you or us.
  • "Content" means any text, images, graphics, photos, audio, video, or other material that can be posted, uploaded, linked to, or otherwise made available.
  • "Website" refers to LocalEmpire, accessible at https://localempire.co
  • "Service" refers to the website design, development, and marketing services we provide to clients.

3. Services

LocalEmpire provides website design, development, and digital marketing services specifically tailored for plumbing and heating businesses. Our Services include but are not limited to:

  • Website design and development
  • Search engine optimisation (SEO)
  • Content creation
  • Website hosting and maintenance
  • Local business directory submissions
  • Performance reporting and analytics

The specific Services to be provided to you will be outlined in a separate agreement or order form that you will receive upon engaging our Services.

4. Your Account

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

5. Intellectual Property

Our Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of AR Technologies Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AR Technologies Ltd.

Your Content

When you upload Content to the Service or otherwise submit Content to us, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content in connection with providing the Service to you.

You represent and warrant that: (i) you own the Content or have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Website Ownership

Upon full payment for our Services, you will own the website we create for you, including its design and content (excluding third-party elements that are licensed to you). However, we retain the right to:

  • Display your website in our portfolio
  • Describe our work for you in our promotional materials
  • Retain a copy of the website and its code for reference purposes

6. Money-Back Guarantee

We offer a 50% refund guarantee on our Services. If you are not completely satisfied with the results of our Services within 90 days of your website going live, you may request a 50% refund of your initial payment by contacting our customer success team via email at team@localempire.co.

The guarantee covers 50% of the setup fee and includes all work completed. We simply ask that you provide brief feedback so we can continue improving our service.

7. Term and Termination

Term

These Terms shall remain in full force and effect while you use the Service or maintain an account with us.

Termination by You

You may terminate your account and these Terms at any time by contacting us and requesting termination. Upon termination, you will remain liable for all amounts due up to and including the date of termination.

Termination by Us

We may terminate or suspend your account and these Terms immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

Effects of Termination

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Acceptable Use

You agree not to use the Service:

  • In any way that violates any applicable national or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
  • To impersonate or attempt to impersonate LocalEmpire, a LocalEmpire employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm LocalEmpire or users of the Service or expose them to liability.

9. Limitation of Liability

In no event shall AR Technologies Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service;
  • Any conduct or content of any third party on the Service;
  • Any content obtained from the Service; and
  • Unauthorised access, use or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Our total liability to you for all claims arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount paid by you to us in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms shall limit or exclude our liability for:

  • Death or personal injury caused by our negligence;
  • Fraud or fraudulent misrepresentation; or
  • Any other liability that cannot be excluded or limited by English law.

10. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

AR Technologies Ltd, its subsidiaries, affiliates, and its licensors do not warrant that:

  • The Service will function uninterrupted, secure or available at any particular time or location;
  • Any errors or defects will be corrected;
  • The Service is free of viruses or other harmful components; or
  • The results of using the Service will meet your requirements.

While we make every effort to ensure that our Services will help improve your business's online presence and lead generation, we cannot guarantee specific results such as rankings, traffic, or conversion rates, as these depend on many factors outside our control.

11. Indemnification

You agree to defend, indemnify and hold harmless AR Technologies Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

  • Your use and access of the Service, by you or any person using your account and password;
  • A breach of these Terms; or
  • Content posted on the Service.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13. Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.

Before resorting to arbitration, we both agree to attempt to resolve any disputes informally by contacting each other. If a dispute cannot be resolved informally within 30 days, either party may proceed with arbitration.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

15. Entire Agreement

These Terms constitute the entire agreement between you and AR Technologies Ltd regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

16. Contact Us

If you have any questions about these Terms, please contact us:

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