Last Updated 12 March 2025
AGREEMENT TO OUR LEGAL TERMS
We are Webshopsy Limited, trading as ashopai.com, a company registered in England and Wales under company number 14839710, with our registered office at 71-75 Shelton Street, Convent Garden, London WC2H 9JQ, England (“Company,” “we,” “us,” “our“).
We operate the website ashopai.com (the “Website”), as well as any other related products and services that refer or link to these legal terms (the “Services”). Our Services primarily consist of professional website design, development, and related digital services offered to clients worldwide.
You can contact us by email at info@pennyto.co.uk.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Webshopsy Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time, including but not limited to Service Level Agreements (SLAs), project proposals, and payment schedules, are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
OUR SERVICES
CLIENT RESPONSIBILITIES
PRICING AND PAYMENT TERMS
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
SERVICES MANAGEMENT
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
GOVERNING LAW AND JURISDICTION
MISCELLANEOUS
DISCLAIMER OF RESPONSIBILITY FOR OPERATIONAL LOSSES
CONTACT US
1.OUR SERVICES
Webshopsy Limited provides professional website design and development services. The specific scope of services for each project will be clearly defined in a separate Project Proposal or Statement of Work (SOW), which, once agreed upon by both parties, will form an integral part of these Legal Terms.
Our services may include, but are not limited to:
Custom Website Design and Development: Creating unique website layouts, graphics, and user interfaces based on client specifications.
Website Redesign: Updating and modernising existing websites.
E-commerce Website Development: Building online stores, including product listing, shopping cart, and payment gateway integration.
Content Integration: Incorporating client-provided text, images, and multimedia into the website.
Responsive Design: Ensuring websites are optimised for viewing on various devices (desktop, tablet, mobile).
Initial Search Engine Optimisation (SEO) Setup: Basic SEO configuration (e.g., meta titles, descriptions) as agreed in the Project Proposal.
Consultation and Project Management: Guiding clients through the design and development process.
Exclusions: Unless explicitly stated in a Project Proposal, our services do not include:
Content Creation: Writing website copy, generating images, or creating videos.
Domain Name Registration: Securing and managing your website’s domain name.
Website Hosting: Providing server space for your website (though we may recommend third-party providers).
Ongoing Website Maintenance, Updates, or Security: Post-launch support, security patches, or content updates. These services may be offered separately under a specific maintenance agreement.
Advanced SEO, Marketing, or Advertising: Comprehensive search engine optimisation, digital marketing campaigns, or paid advertising.
Third-Party Software/Plugin Licensing: Any costs associated with premium themes, plugins, or software licenses required for your website.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2.CLIENT RESPONSIBILITIES
To ensure the efficient and successful completion of any project, you agree to:
Provide Timely Information and Materials: Furnish all necessary content (text, images, logos, product data, etc.) in the agreed formats by the specified deadlines. Delays in providing materials may impact project timelines and costs.
Provide Timely Feedback and Approvals: Review and provide feedback on design mock-ups, development stages, and revisions within the agreed timeframe. Delays in feedback may extend project timelines.
Appoint a Single Point of Contact: Designate a primary contact person to streamline communication and decision-making.
Obtain Necessary Rights and Permissions: Ensure you have all required intellectual property rights, licences, permits, and consents for any content, trademarks, or materials you provide to us for use in your website. You indemnify us against any claims arising from your failure to do so.
Review and Approve Deliverables: Thoroughly review all deliverables for accuracy, functionality, and compliance with your requirements before final approval and launch.
Payment: Make all payments for Services in accordance with the agreed payment schedule.
3.PRICING AND PAYMENT TERMS
Currency: All prices quoted for our Services will be in Great British Pounds (£ GBP) unless otherwise explicitly agreed in writing within your Project Proposal. For international clients, your bank or payment provider may apply exchange rates and transaction fees for converting your local currency to GBP.
Quoted Prices: Prices for Services will be detailed in a formal Project Proposal or invoice. These prices are valid for 30 days from the date of issue unless otherwise stated.
Payment Schedule: Payment terms will be specified in the Project Proposal and typically involve an upfront deposit (non-refundable), milestone payments, and a final payment upon project completion and before website launch or handover.
Late Payments: If any payment is not made by the due date, we reserve the right to:
Suspend all ongoing work and Services until full payment is received.
Withhold the release of the completed website or any project files until all outstanding invoices are settled.
Pursue legal action for debt recovery, and you agree to pay all costs incurred by us in recovering unpaid sums, including legal and collection fees.
Taxes: All quoted prices are exclusive of any applicable taxes (e.g., Value Added Tax (VAT) for UK clients), which will be added to invoices where required by law. For international clients, you are solely responsible for any local taxes, duties, or levies applicable in your jurisdiction.
Refund Policy: Deposits are generally non-refundable as they cover initial project setup and allocation of resources. Refunds for other payments will be considered on a case-by-case basis and are subject to the work completed and costs incurred by Webshopsy Limited up to the point of termination or request.
4.INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to info@pennyto.co.uk. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Ownership of Project Deliverables
Upon full and final payment of all invoices relating to a specific website design and development project, Webshopsy Limited will assign to you all intellectual property rights in the final, approved, and delivered website design and code specifically created for your project. This transfer of rights excludes:
Any third-party fonts, images, plugins, software, or libraries used in the website, where their respective licences govern their use.
Any proprietary tools, frameworks, code libraries, or development methodologies owned by Webshopsy Limited that are used in the creation of the website but are not unique to your specific design.
Any intellectual property rights in our underlying methodologies, processes, or general design principles.
You acknowledge that Webshopsy Limited retains the right to use any general coding techniques, ideas, or know-how gained during the project for other clients or future developments, provided it does not infringe on your specific design or confidential information.
Portfolio Use: You grant Webshopsy Limited a worldwide, perpetual, irrevocable, royalty-free license to display the completed website and associated design elements as part of our online and offline portfolio, case studies, and marketing materials for promotional purposes.
Your submissions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
5.USER GENERATED CONTRIBUTIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
6.PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
7.USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content for public viewing. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services for the purpose of your website design project, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions are provided solely for the purpose of your project with us and are not generally viewable by other users of the Services. When you create or make available any Contributions, you thereby represent and warrant that:
8.CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings) in accordance with our Privacy Policy.
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions provided for your specific website project. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
9.SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
10.TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services or until the completion of any active project, whichever is later.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Termination of Projects:
Either party may terminate a specific Project Proposal or Statement of Work if the other party commits a material breach of its obligations and fails to remedy such breach within 30 days of receiving written notice.
Upon termination of a project by you without our breach, any non-refundable deposits are forfeited, and you will be liable for payment for all work completed up to the date of termination, calculated on a pro-rata basis according to the agreed project fees.
Upon termination of a project by us for your breach (e.g., non-payment or failure to provide necessary materials/feedback), all outstanding payments become immediately due and payable. We reserve the right to withhold any completed work or source files until all payments are made.
11. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
12.CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
13.DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14.LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15.INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
16.USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
For information on how we collect, use, and protect your personal data, please refer to our Privacy Policy. We are committed to complying with the UK General Data Protection Regulation (UK GDPR) and other applicable data protection laws.
17.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
18.GOVERNING LAW AND JURISDICTION
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.
Any legal action or proceeding arising out of or in connection with these Legal Terms, or your use of the Services, shall be brought exclusively in the courts of England and Wales. You hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.
19.MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
20.DISCLAIMER OF RESPONSIBILITY FOR OPERATIONAL LOSSES
Limitation of Liability for Content and Photos
We provide content integration services, and in some cases, content creation services (e.g., basic product descriptions or policy drafts as part of a specific package), including but not limited to product descriptions, main page content, privacy policies, cookie policies, terms and conditions, and integration of client-provided photographs, to support the development of your e-commerce website. While we strive to deliver accurate and high-quality materials and integrate them properly, Webshopsy shall not be liable for any operational losses, including but not limited to lost profits, revenue, data, or business opportunities, arising from the use of or reliance on the content and photos we provide or integrate. You acknowledge that the content and photos, whether provided by you or drafted by us, are provided “as is,” and it is your sole responsibility to review, edit, and approve them for accuracy, legality, suitability for your business needs, and compliance with all applicable laws and regulations (including consumer protection, advertising standards, and industry-specific regulations) before your website goes live.
No Responsibility for Website Functionality Post-Handover
Webshopsy’s primary service is the design and development of your website. Once the website project is completed, approved by you, and formally handed over (typically upon final payment and launch), we are not responsible for the ongoing operational performance, functionality, security, or maintenance of your e-commerce website. This includes, but is not limited to, errors, downtime, or failures caused by the underlying platform (e.g., WordPress), third-party plugins, themes, domain name issues, or hosting services. We do not guarantee uninterrupted, error-free operation of your website post-handover, and we shall not be liable for any operational losses resulting from such issues, including but not limited to lost sales, customer dissatisfaction, or data loss. Ongoing maintenance and support services, if required, must be covered by a separate agreement.
Third-Party Services
Our services may involve the use or recommendation of third-party tools, platforms, or services (e.g., WordPress, plugins, hosting providers, or domain registrars, payment gateways, CRM systems). Webshopsy does not control or endorse these third-party services and shall not be held liable for any operational losses, damages, or disruptions caused by their performance, errors, outages, or discontinuation. You are solely responsible for selecting, configuring, contracting with, and maintaining these third-party services and for complying with their respective terms and conditions.
General Disclaimer
To the maximum extent permitted by law, Webshopsy, its employees, agents, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including operational losses, arising out of or related to the services provided under this agreement, whether caused by the content, photos, or website-related issues, even if we have been advised of the possibility of such damages.
Your Responsibility
You agree to indemnify and hold Webshopsy harmless from any claims, damages, or losses, including operational losses, arising from your use of the content, photos, or website we develop, as well as any issues stemming from WordPress, plugins, domain names, or hosting services once the project has been handed over to you. It is your ultimate responsibility to ensure that your website operates as intended and complies with all applicable laws and regulations in the jurisdictions where you operate your business and target customers.
21.CONTACT US
In order to resolve a reply regarding the Services or to receive further information regarding use of the Services, please contact us at: info@pennyto.co.uk
Webshopsy Limited
71-75 Shelton Street
Convent Garden
London WC2H 9JQ
England