Terms

The placement of an order for any services offered by ShoutAbout Ltd constitutes acceptance of our terms and conditions and forms a contract between the client and ShoutAbout Ltd. The client agrees to the supply of the services in accordance with these terms and conditions, acknowledges that it has read and understood these terms and conditions and agrees to be bound by them.

Due to the range of services offered by ShoutAbout we have separate terms and conditions, please select accordingly from the menu below.

If you have any questions concerning our terms and conditions please contact us.

1. Definition of Terms

1.1 Definitions
Unless otherwise stated, the following definitions apply to this document:

- “ShoutAbout Ltd” – of First Floor, 47 Upper Bar, Newport, Shropshire TF10 7AP.
- “we,” “us” and “our” are references to ShoutAbout Ltd;
- “you,” “your” and “client” are references to the person paying for services from ShoutAbout Ltd having entered into this agreement;
- “order” or “contract” means a request made by the client to us for services to be supplied subject to these terms and conditions;
- “charges” are the charges payable by the client for the provision of services.
- “work” and “the work” is the subject matter of the contract between the Client and ShoutAbout Ltd.
- “parties” relates to ShoutAbout Ltd and the Client.
- "services" are design, graphic design, illustration and other services or facilities provided by us to you;
- "deliverables" are all works, materials and products developed by ShoutAbout Ltd in relation to the Services in any media including without limitation designs, diagrams, drawings, artwork and specifications;
- “intellectual property rights” are all patents, rights to inventions, utility models, copyright and related rights, trade and service marks, trade, business and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including without limitation all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may subsist in any part of the world.
- “materials” are all materials and content provided by the client to ShoutAbout Ltd from time to time in connection with the Services.


2. Ordering Process

2.1 Order Acceptance
We reserve the right to refuse, cancel or reject any order made by the client. In such cases, a full refund will be made using the same method of payment as was originally used.
2.2 Deposit
A deposit of 50% is required before any work will be carried out. This figure is non-refundable and the value of which is at our sole discretion. ShoutAbout Ltd reserves the right not to begin the Work until the said deposit has been paid in full.
2.3 Final Payment
The remaining balance shall become due when the Work is completed to the reasonable satisfaction of the Client but subject to the terms of Clause 3.4 Approval of Work and Clause 3.5 Rejected Work hereof.
2.4 Refunds & Cancellations
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, ShoutAbout Ltd will need formal notification in writing to its postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 7 days. Please note: any cancellation which is not formally confirmed in writing and received by ShoutAbout Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.


3. Work

3.1 Completion of Work
ShoutAbout Ltd warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client. ShoutAbout Ltd will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement.
3.2 Changes to Brief / Specification
ShoutAbout Ltd will not undertake changes to the specifications of the Work which would increase the cost, without prior authorisation from the Client. Any additions to briefs provided will be carried out at the discretion of ShoutAbout Ltd and where no charge is made by ShoutAbout Ltd for such additions, ShoutAbout Ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
3.3 Supply of Materials
The Client is to supply all materials and information required for ShoutAbout Ltd to complete the Work in accordance with the agreed specification. The client agrees to make available as soon as is reasonably possible to ShoutAbout Ltd all materials required to complete the work to the agreed standard and within the set deadline. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client's failure to supply such materials leads to a delay in completion of the work, ShoutAbout Ltd has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client's failure to supply materials prevents progress on the Work for more than 14 days ShoutAbout Ltd has the right to invoice the Client for any part or parts of the Work already completed.
3.4 Approval of Work
On completion of the Work, the Client will be notified and have the opportunity to review it. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the final balance or 50% balancing payment under Clause 2.2 Payment will become due. The Client should notify ShoutAbout Ltd in writing, of any unsatisfactory points within 7 days of approval. Any of the Work which has not been reported in writing to ShoutAbout Ltd as unsatisfactory within the 7 day review period will be deemed to have been approved. The Contract will remain in effect until all obligations have been completed in terms of this Clause.
3.5 Rejected Work
If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by ShoutAbout Ltd to remedy any points reported by the Client as unsatisfactory, and ShoutAbout Ltd considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired and ShoutAbout Ltd can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
3.6 ShoutAbout’s Use Of Work
ShoutAbout reserves the right to use the Work produced for the Client, including without limitation images, code and videos to promote ShoutAbout and its services throughout all forms of media including without limitation websites, brochures, flyers and email marketing.


4. Payment

4.1 Payment
A deposit of 50% is required before any work will be carried out. This figure is non-refundable and the value of which is at our sole discretion. The remaining balance shall become due when the Work is completed to the reasonable satisfaction of the Client but subject to the terms of Clause 3.4 Approval of Work and Clause 3.5 Rejected Work hereof. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
4.2 Non-Payment
If accounts are not settled or ShoutAbout Ltd have not been contacted regarding the delay, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating. Following consistent non payment of an invoice a Solicitor will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
4.3 Returned Cheques
Returned cheques will incur an additional fee of £50.00 per returned cheque.
4.4 Invoices
All invoices will be sent via email. Clients are required to pay their invoice in advance using an available method of your choice, within 7 days of the invoice issue date.
4.5 Currencies
All invoices and payments are processed in GB Pound Sterling (£) and conversions will be made by the credit card company or bank of the client. Prices shown in any other currencies on this web site or other promotional material are to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All clients are advised to check amounts using accurate recent exchange rates before ordering.


5. Disclaimers

5.1 Third Parties
ShoutAbout Ltd can take no responsibility for services provided by third parties through us or otherwise, including Printing of the Client's artwork.
5.2 Correction of Errors
The Client is expected to proof read the design work produced by ShoutAbout Ltd before being made generally available for use. This will be signed off whereupon the client becomes liable for any mistakes.
5.3 Replication of Artwork
Every effort will be made to obtain the best possible colour reproduction on clients work but due to the nature of the process involved ShoutAbout Ltd shall not be required to guarantee an exact match in colour between the printed results and any proof or existing copy so supplied. Any proof copies issued are NOT colour accurate and are issued for content checking only.
5.4 Consequential Loss
Under no circumstances will ShoutAbout Ltd be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its artwork.
5.5 Status and Duration of Offers
Proposals and offers are valid for a period of thirty days from the date issued. ShoutAbout Ltd is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the sixty days that the offer is valid. If an acceptable timetable has not been approved by both parties within sixty days of the offer being made, the offer is deemed to have expired.


6. Force Majeure

6.1 Force Majeure
ShoutAbout Ltd shall not be liable to the client or deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the obligations of ShoutAbout Ltd in relation to the Services, if the delay or failure was due to any cause beyond the reasonable control of ShoutAbout Ltd. Without prejudice to the generality of the foregoing the following, shall be regarded as causes beyond the reasonable control of ShoutAbout Ltd: Act of God, explosion, flood, tempest, fire or accident, War or threat of war, sabotage, insurrection, civil disturbance or equisition, Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government parliamentary or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving employees of ShoutAbout Ltd or any third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.


7. Limitation of Liability

7.1 Intellectual Property Rights
7.1.1 Materials - The client shall ensure that the Materials and/or their use do not infringe the Intellectual Property Rights of a third party or any applicable laws or regulations. ShoutAbout Ltd is entitled (in its sole discretion) to refuse to use any Materials. The client shall indemnify and hold ShoutAbout Ltd harmless against all and any damages, liability, demands, loss, expenses and costs (including without limitation legal fees) suffered or incurred by or awarded against ShoutAbout Ltd in connection with or arising as a result of any action or claim that the Materials and/or their use infringe the Intellectual Property Rights of a third party or any applicable laws or regulations.
7.1.2 Deliverables - All Intellectual Property Rights and all other rights in the Deliverables (excluding for the avoidance of doubt the Materials) shall be owned by ShoutAbout Ltd. ShoutAbout Ltd hereby licenses all such rights to the client on a non-exclusive, non-transferable, non-assignable basis (with no right to sub-licence) to such extent as is necessary to enable the client to make reasonable use of the Deliverables and the Services as is envisaged by the parties. If the client does not make any payment to ShoutAbout Ltd by the due date or if ShoutAbout Ltd terminates the Contract for the client’s material breach or insolvency this licence will automatically terminate. [ShoutAbout Ltd makes no representation or warranty that the exercise of the rights granted to the client will not infringe the rights of any third party.]
7.1.3 Offers & Proposals - Offers and proposals made by ShoutAbout Ltd to potential clients should be treated as trade secrets and remain the property of ShoutAbout Ltd. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from ShoutAbout Ltd. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
7.2 Deadlines
ShoutAbout Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
7.3 Clients
7.3.1 Clients - ShoutAbout Ltd will not be liable or become involved in any disputes between the client and their clients and cannot be held responsible for any wrongdoing e.g. any disputes re content / images that have been provided to us for inclusion on the design.
7.3.2 Appointed Agents - ShoutAbout Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
7.3.3 Materials - ShoutAbout Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the inclusion of material and information submitted by the client.


8. Rights & Responsibilities

8.1 Right to Terminate
ShoutAbout Ltd reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.
8.2 Events Beyond the Control of ShoutAbout Ltd
ShoutAbout Ltd will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of ShoutAbout Ltd.
8.3 Supply and Pricing of Services
ShoutAbout Ltd reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.


9. Interpretation

9.1 Jurisdiction
This Agreement shall be governed by the laws of England which shall claim venue and jurisdiction for any legal action or claim arising from the contract between ShoutAbout Ltd and the Client. The said contract is void where prohibited by law.
9.2 Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
9.3 Change of Terms and Conditions
These terms & conditions may change from time to time. All clients are encouraged to review this document on a regular basis to ensure they are aware of any changes.


10. Acceptance of Terms & Conditions

The placement of an order for any services offered by ShoutAbout Ltd constitutes acceptance of the above terms and conditions and forms a Contract between the client and ShoutAbout Ltd. The client agrees to the supply of the Services in accordance with these terms and conditions, acknowledges that it has read and understood these terms and conditions and agrees to be bound by them.

1. Definition of Terms

1.1 Definitions
Unless otherwise stated, the following definitions apply to this document:

- “ShoutAbout Ltd” – of First Floor, 47 Upper Bar, Newport, Shropshire TF10 7AP.
- “we,” “us” and “our” are references to ShoutAbout Ltd;
- “you,” “your” and “client” are references to the person paying for services from ShoutAbout Ltd having entered into this agreement;
- “order” or “contract” means a request made by the client to us for services to be supplied subject to these terms and conditions;
- “charges” are the charges payable by the client for the provision of services.
- “work”, “the work”, “goods” and “the goods” is the subject matter of the contract between the Client and ShoutAbout Ltd.
- “parties” relates to ShoutAbout Ltd and the Client.
- "services" are design, graphic design, illustration and other services or facilities provided by us to you;
- "deliverables" are all works, materials and products developed by ShoutAbout Ltd in relation to the Services in any media including without limitation designs, diagrams, drawings, artwork and specifications;
- “intellectual property rights” are all patents, rights to inventions, utility models, copyright and related rights, trade and service marks, trade, business and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including without limitation all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may subsist in any part of the world.
- “materials” are all materials and content provided by the client to ShoutAbout Ltd from time to time in connection with the Services.


2. Ordering Process

2.1 Order Acceptance
We reserve the right to refuse, cancel or reject any order made by the client. In such cases, a full refund will be made using the same method of payment as was originally used.
2.2 Payment
Unless under prior credit agreement, all orders must be paid for in advance.
2.3 Delivery
Every effort will be made to deliver on time, but any delivery day specified is a 'best endeavour' and no liability is accepted for any loss arising from delay or error in the delivery of the goods. We will do our very best to ensure that an order is despatched on the day specified. However we cannot give an exact delivery time guarantee or assure that the delivery will be made on as per our indicated time, as we have to rely on a Third party delivery company / courier. There is a high probability that the delivery times we provide are maintained if orders are received by specified time and are based on Clients supplying 'print ready' artwork. Any delays in artwork not being supplied in a 'Print-Ready 'format may lead to your order missing the desired delivery slot.
2.4 Refunds & Cancellations
Due to nature of products we sell, reimbursements for products already printed or being printed are not possible. It is possible to cancel orders that have not already been produced or sent to print. In that case, we are entitled to charge 5% of the original order cost plus a £20 administration fee to cover time spent processing the order. If your order is in the process of being checked by our artwork department and you decide to cancel, then due to the costs involved - you will only be entitled to a 50% reimbursement of the initial order cost. To avoid these charges a customer can be given a credit for future print work at the discretion of ShoutAbout Ltd.


3. Goods

3.1 Supplied Customer Artwork in 'Print-Ready' format
All artwork supplied by Clients must be supplied in CMYK format. ShoutAbout Ltd cannot be responsible for any colour shift that may occur when converting from RGB to CMYK. All artwork must be supplied as 300dpi Hi-Res PDF's. ShoutAbout Ltd is not responsible for images that may print blurred or pixelated due to customer supplied artwork if it is less than 300dpi. We require 3mm bleed on all edges if the document requires this. If you are unsure of the term 'bleed' then please call and speak to one of our staff. If the artwork supplied is not 'Print Ready' then ShoutAbout Ltd will contact you to make necessary amendments and endeavour to get your order into print as soon as possible. In most cases ShoutAbout Ltd will amend your artwork for you without charge if it is simple, however we may have to charge for alterations which can't be rectified quickly - but we will of course advise you of any costs beforehand. Any delays in artwork not being supplied 'Print Ready' may lead to your order missing the desired delivery slot.
3.2 Printing Defects
Clients must notify ShoutAbout Ltd in writing (via email) within 5 business days of delivery of any defects discovered in the finished goods. In order to receive replacements Clients must return 95% of the delivered product within 7 days of delivery. ShoutAbout Ltd shall not be liable for any costs, expenses incurred by the customer or any other person or 3rd party company arising directly or indirectly out of any print error. In the event that we have printed a document incorrectly and it is found to be our fault then we will supply a full re-print without cost to the customer. If the customer wishes to alter the artwork prior to the re-print then this will be treated as a new order and be consequently charged for.
3.3 Colour Variations
Colour proofs due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed in writing.
3.4 Quantity Changes
Any changes in quantity ordered must be made in writing via email prior to commencement of processing. Any increases in the order must be regarded as a separate contract unless written notification is received before work commences on the original order. We reserve the right to alter the delivery date agreed initially due to us having to potentially order in more materials to achieve a desired larger quantity.
3.5 Quantity Variations
We shall be deemed to have fulfilled our contract by delivering a quantity within 5% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered if deemed necessary.
3.6 Paper Quality
We cannot give guarantee of the paper quality of previously fulfilled orders, or samples that have been sent to you. Our paper is sourced from different paper mills and merchants, so the paper properties can vary from supplier to supplier, including smoothness, roughness, colour, grain etc.
3.7 Paper Grams (GSM)
We cannot 100% guarantee the weight of the paper (GSM), as we buy from paper merchants with a certificate of paper grams. ( + - ) 5% variation of paper grams (GSM) can happen due to paper being purchased from different suppliers.
3.8 Complaints
Any complaints must be made within 5 business days of receiving your goods. Any complaints made after this time period are void of any right to refund or reprint.
3.9 ShoutAbout’s Use Of Goods
ShoutAbout reserves the right to use the Goods produced for the Client, including without limitation images and hard copies to promote ShoutAbout and its services throughout all forms of media including without limitation websites, brochures, flyers and email marketing.


4. Payment

4.1 Payment
Unless under prior credit agreement, all orders must be paid for in advance. Full payment must be received and cleared prior to processing the order. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
4.2 Non-Payment
If accounts are not settled or ShoutAbout Ltd have not been contacted regarding the delay, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating. Following consistent non payment of an invoice a Solicitor will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
4.3 Returned Cheques
Returned cheques will incur an additional fee of £50.00 per returned cheque.
4.4 Invoices
All invoices will be sent via email. Clients are required to pay their invoice in advance using an available method of your choice, within 7 days of the invoice issue date.
4.5 Currencies
All invoices and payments are processed in GB Pound Sterling (£) and conversions will be made by the credit card company or bank of the client. Prices shown in any other currencies on this web site or other promotional material are to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All clients are advised to check amounts using accurate recent exchange rates before ordering.
4.6 VAT
Where applicable all prices quoted are subject to VAT at the current rate. If VAT is noticed on your order after the bill has been paid, you as the customer are still liable to pay the VAT in full. We are bound by law to charge VAT according to HM Customs & Excise guidelines.


5. Disclaimers

5.1 Third Parties
ShoutAbout Ltd can take no responsibility for services provided by third parties through us or otherwise, including printing and delivery of the Client's artwork.
5.2 Correction of Errors
ShoutAbout Ltd takes no responsibility for errors on artwork supplied by the Client, or files provided ‘Print-Ready’. In the case that ShoutAbout Ltd has produced the artwork; the Client is expected to proof read the design before the printing process begins. This will be signed off whereupon the client becomes liable for any mistakes.
5.3 Proofs
Where the Client specifically waives any requirement to examine proofs ShoutAbout Ltd is indemnified by the Client against any and all errors in the finished Work.
5.4 Consequential Loss
ShoutAbout Ltd shall not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond our control. Any delivery times given are estimated and might be extended in connection with high volume of orders. If an order is delivered to the wrong delivery addresses due to the customer providing us with the wrong address, ShoutAbout Ltd will re-deliver the package to the correct address and charge for the additional delivery cost.
5.5 Status and Duration of Offers
Proposals and offers are valid for a period of thirty days from the date issued. ShoutAbout Ltd is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the sixty days that the offer is valid. If an acceptable timetable has not been approved by both parties within sixty days of the offer being made, the offer is deemed to have expired.


6. Force Majeure

6.1 Force Majeure
ShoutAbout Ltd shall not be liable to the client or deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the obligations of ShoutAbout Ltd in relation to the Services, if the delay or failure was due to any cause beyond the reasonable control of ShoutAbout Ltd. Without prejudice to the generality of the foregoing the following, shall be regarded as causes beyond the reasonable control of ShoutAbout Ltd: Act of God, explosion, flood, tempest, fire or accident, War or threat of war, sabotage, insurrection, civil disturbance or equisition, Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government parliamentary or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving employees of ShoutAbout Ltd or any third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.


7. Limitation of Liability

7.1 Intellectual Property Rights
7.1.1 Materials - The client shall ensure that the Materials and/or their use do not infringe the Intellectual Property Rights of a third party or any applicable laws or regulations. ShoutAbout Ltd is entitled (in its sole discretion) to refuse to use any Materials or artwork. The client shall indemnify and hold ShoutAbout Ltd harmless against all and any damages, liability, demands, loss, expenses and costs (including without limitation legal fees) suffered or incurred by or awarded against ShoutAbout Ltd in connection with or arising as a result of any action or claim that the Materials and/or their use infringe the Intellectual Property Rights of a third party or any applicable laws or regulations.
7.1.2 Deliverables - All Intellectual Property Rights and all other rights in the Deliverables (excluding for the avoidance of doubt the Materials) shall be owned by ShoutAbout Ltd. ShoutAbout Ltd hereby licenses all such rights to the client on a non-exclusive, non-transferable, non-assignable basis (with no right to sub-licence) to such extent as is necessary to enable the client to make reasonable use of the Deliverables and the Services as is envisaged by the parties. If the client does not make any payment to ShoutAbout Ltd by the due date or if ShoutAbout Ltd terminates the Contract for the client’s material breach or insolvency this licence will automatically terminate. [ShoutAbout Ltd makes no representation or warranty that the exercise of the rights granted to the client will not infringe the rights of any third party.]
7.1.3 Offers & Proposals - Offers and proposals made by ShoutAbout Ltd to potential clients should be treated as trade secrets and remain the property of ShoutAbout Ltd. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from ShoutAbout Ltd. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
7.2 Deadlines
ShoutAbout Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
7.3 Clients
7.3.1 Clients - ShoutAbout Ltd will not be liable or become involved in any disputes between the client and their clients and cannot be held responsible for any wrongdoing e.g. any disputes re content / images that have been provided to us for inclusion on the design.
7.3.2 Appointed Agents - ShoutAbout Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
7.3.3 Materials - ShoutAbout Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the inclusion of material and information submitted by the client.


8. Rights & Responsibilities

8.1 Right to Terminate
ShoutAbout Ltd reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.
8.2 Events Beyond the Control of ShoutAbout Ltd
ShoutAbout Ltd will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of ShoutAbout Ltd.
8.3 Supply and Pricing of Services
ShoutAbout Ltd reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.


9. Interpretation

9.1 Jurisdiction
This Agreement shall be governed by the laws of England which shall claim venue and jurisdiction for any legal action or claim arising from the contract between ShoutAbout Ltd and the Client. The said contract is void where prohibited by law.
9.2 Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
9.3 Change of Terms and Conditions
These terms & conditions may change from time to time. All clients are encouraged to review this document on a regular basis to ensure they are aware of any changes.


10. Acceptance of Terms & Conditions

The placement of an order for any services offered by ShoutAbout Ltd constitutes acceptance of the above terms and conditions and forms a Contract between the client and ShoutAbout Ltd. The client agrees to the supply of the Services in accordance with these terms and conditions, acknowledges that it has read and understood these terms and conditions and agrees to be bound by them.

1. Definition of Terms

1.1 Definitions
Unless otherwise stated, the following definitions apply to this document:

- “ShoutAbout Ltd” – of First Floor, 47 Upper Bar, Newport, Shropshire TF10 7AP.
- “we,” “us” and “our” are references to ShoutAbout Ltd;
- “you,” “your” and “client” are references to the person paying for services from ShoutAbout Ltd having entered into this agreement;
- “order” or “contract” means a request made by the client to us for services to be supplied subject to these terms and conditions;
- “charges” are the charges payable by the client for the provision of services.
- “work” and “the work” is the subject matter of the contract between the Client and ShoutAbout Ltd.
- “parties” relates to ShoutAbout Ltd and the Client.
- "services" are design, web design, web development and other services or facilities provided by us to you;
- "deliverables" are all works, materials and products developed by ShoutAbout Ltd in relation to the Services in any media including without limitation websites, designs, code and content management systems;
- “intellectual property rights” are all patents, rights to inventions, utility models, copyright and related rights, trade and service marks, trade, business and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including without limitation all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may subsist in any part of the world.
- “materials” are all materials and content provided by the client to ShoutAbout Ltd from time to time in connection with the Services.
- "web server" is the computer equipment operated by us in connection to the services provided;
- “domain name” is the root address of a website, e.g. www.webaddress.com. All such names must be registered with the appropriate naming authority, which will usually charge a fee.
- “downtime” time when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site.
- “host” is the company on whose system the Website physically resides.
- “link,” and “hyperlink” is a 'clickable' link embedded on a web page which may take the form of a graphic or text.
- “search engine” is a website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification.
- “website” is a collection of web pages and associated code which forms an integrated presence.


2. Ordering Process

2.1 Order Acceptance
We reserve the right to refuse, cancel or reject any order made by the client. In such cases, a full refund will be made using the same method of payment as was originally used.
2.2 Deposit
A deposit of 50% is required before any work will be carried out. This figure is non-refundable and the value of which is at our sole discretion. ShoutAbout Ltd reserves the right not to begin the Work until the said deposit has been paid in full.
2.3 Final Payment
The remaining balance shall become due when the Work is completed to the reasonable satisfaction of the Client but subject to the terms of Clause 3.4 Approval of Work and Clause 3.5 Rejected Work hereof.
2.4 Refunds & Cancellations
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, ShoutAbout Ltd will need formal notification in writing to its postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 7 days. Please note: any cancellation which is not formally confirmed in writing and received by ShoutAbout Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
2.5 Maintenance & Updates
Maintenance and updates shall be charged at an hourly rate of £30.00 per hour or part thereof. No fee will be required where no updating or maintenance is necessary. Maintenance and updates carried out that are part of a retainer or ongoing agreement between ShoutAbout Ltd and the Client may not be charged, subject to the agreement in place between the two parties.
2.6 Technical Support
Technical support shall be provided upon completion of the Work where hosting services are provided to the Client by ShoutAbout Ltd. Where hosting services are provided to the Client by a third party, technical support shall be charged at an hourly rate of £30.00 per hour or part thereof. In addition, the Client shall be charged for any third party costs incurred by ShoutAbout Ltd on behalf of the client.


3. Work

3.1 Completion of Work
ShoutAbout Ltd warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client. ShoutAbout Ltd will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement.
3.2 Changes to Brief / Specification
ShoutAbout Ltd will not undertake changes to the specifications of the Work which would increase the cost, without prior authorisation from the Client. Any additions to briefs provided will be carried out at the discretion of ShoutAbout Ltd and where no charge is made by ShoutAbout Ltd for such additions, ShoutAbout Ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
3.3 Supply of Materials
The Client is to supply all materials and information required for ShoutAbout Ltd to complete the Work in accordance with the agreed specification. The client agrees to make available as soon as is reasonably possible to ShoutAbout Ltd all materials required to complete the work to the agreed standard and within the set deadline. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client's failure to supply such materials leads to a delay in completion of the work, ShoutAbout Ltd has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client's failure to supply materials prevents progress on the Work for more than 14 days ShoutAbout Ltd has the right to invoice the Client for any part or parts of the Work already completed.
3.4 Approval of Work
On completion of the Work, the Client will be notified and have the opportunity to review it. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the final balance or 50% balancing payment under Clause 2.2 Payment will become due. The Client should notify ShoutAbout Ltd in writing, of any unsatisfactory points within 7 days of approval. Any of the Work which has not been reported in writing to ShoutAbout Ltd as unsatisfactory within the 7 day review period will be deemed to have been approved. The Contract will remain in effect until all obligations have been completed in terms of this Clause.
3.5 Rejected Work
If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by ShoutAbout Ltd to remedy any points reported by the Client as unsatisfactory, and ShoutAbout Ltd considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired and ShoutAbout Ltd can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
3.6 ShoutAbout’s Use Of Work
ShoutAbout reserves the right to use the Work produced for the Client, including without limitation images, code and videos to promote ShoutAbout and its services throughout all forms of media including without limitation websites, brochures, flyers and email marketing.


4. Payment

4.1 Payment
A deposit of 50% is required before any work will be carried out. This figure is non-refundable and the value of which is at our sole discretion. The remaining balance shall become due before the website is made ‘live’ but when the Work is completed to the reasonable satisfaction of the Client but subject to the terms of Clause 3.4 Approval of Work and Clause 3.5 Rejected Work hereof. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
4.2 Non-Payment
If payment has not been received within 7 days of the invoice issue date, ShoutAbout Ltd has the right to replace, modify or remove the Website and revoke the Client's licence of the Work until full payment has been received. By revoking the Client's licence of the Work or removing the web site from the Internet, ShoutAbout Ltd does not remove the Client's obligation to pay any outstanding monies owing. If accounts are not settled or ShoutAbout Ltd have not been contacted regarding the delay, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating. Following consistent non payment of an invoice a Solicitor will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
4.3 Returned Cheques
Returned cheques will incur an additional fee of £50.00 per returned cheque.
4.4 Invoices
All invoices will be sent via email. Clients are required to pay their invoice in advance using an available method of your choice, within 7 days of the invoice issue date.
4.5 Currencies
All invoices and payments are processed in GB Pound Sterling (£) and conversions will be made by the credit card company or bank of the client. Prices shown in any other currencies on this web site or other promotional material are to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All clients are advised to check amounts using accurate recent exchange rates before ordering.


5. Disclaimers

5.1 Third Parties
ShoutAbout Ltd can take no responsibility for services provided by third parties through us or otherwise, including the Hosting of the Client's Website, although ShoutAbout Ltd will endeavour to ensure that Website downtime is kept to a minimum.
5.2 Maintenance and Correction of Errors
ShoutAbout Ltd takes no responsibility for the functionality or maintenance (unless an agreement is in place) of the Website after the Work has been completed. Errors (both technical and typographical) attributable to ShoutAbout Ltd will be corrected free of charge, but ShoutAbout Ltd reserves the right to charge a reasonable fee for correction of errors for which ShoutAbout Ltd is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to ShoutAbout Ltd by the Client.
5.3 Extent of Work
Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality. No registration of the Website with Search Engines will be undertaken unless otherwise agreed with the Client.
5.4 Consequential Loss
Under no circumstances will ShoutAbout Ltd be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure.
5.5 Status and Duration of Offers
Proposals and offers are valid for a period of thirty days from the date issued. ShoutAbout Ltd is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the sixty days that the offer is valid. If an acceptable timetable has not been approved by both parties within sixty days of the offer being made, the offer is deemed to have expired.
5.6 Search Engine Listings
ShoutAbout Ltd does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not ShoutAbout Ltd who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all. ShoutAbout Ltd does not control Search Engines’ algorithms and huge shifts can appear daily, weekly and even hourly.


6. Force Majeure

6.1 Force Majeure
ShoutAbout Ltd shall not be liable to the client or deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the obligations of ShoutAbout Ltd in relation to the Services, if the delay or failure was due to any cause beyond the reasonable control of ShoutAbout Ltd. Without prejudice to the generality of the foregoing the following, shall be regarded as causes beyond the reasonable control of ShoutAbout Ltd: Act of God, explosion, flood, tempest, fire or accident, War or threat of war, sabotage, insurrection, civil disturbance or equisition, Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government parliamentary or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving employees of ShoutAbout Ltd or any third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.


7. Limitation of Liability

7.1 Intellectual Property Rights
7.1.1 Materials - The client shall ensure that the Materials and/or their use do not infringe the Intellectual Property Rights of a third party or any applicable laws or regulations. ShoutAbout Ltd is entitled (in its sole discretion) to refuse to use any Materials. The client shall indemnify and hold ShoutAbout Ltd harmless against all and any damages, liability, demands, loss, expenses and costs (including without limitation legal fees) suffered or incurred by or awarded against ShoutAbout Ltd in connection with or arising as a result of any action or claim that the Materials and/or their use infringe the Intellectual Property Rights of a third party or any applicable laws or regulations.
7.1.2 Deliverables -All Intellectual Property Rights and all other rights in the Deliverables (excluding for the avoidance of doubt the Materials) shall be owned by ShoutAbout Ltd. ShoutAbout Ltd hereby licenses all such rights to the client on a non-exclusive, non-transferable, non-assignable basis (with no right to sub-licence) to such extent as is necessary to enable the client to make reasonable use of the Deliverables and the Services as is envisaged by the parties. If the client does not make any payment to ShoutAbout Ltd by the due date or if ShoutAbout Ltd terminates the Contract for the client’s material breach or insolvency this licence will automatically terminate. [ShoutAbout Ltd makes no representation or warranty that the exercise of the rights granted to the client will not infringe the rights of any third party.]
7.1.3 Offers & Proposals - Offers and proposals made by ShoutAbout Ltd to potential clients should be treated as trade secrets and remain the property of ShoutAbout Ltd. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from ShoutAbout Ltd. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
7.1.4 Domain Name - Any Domain Name obtained will belong to the Client. The Client agrees to indemnify ShoutAbout Ltd, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. The Client warrants that the domain name sought is not a trademark of a third party.
7.1.5 Licensing - Once ShoutAbout Ltd has received full payment of all outstanding invoices and the Work has been approved by the Client in accordance with Clause 4.3 hereof, the Client will be granted a licence to use the Website and its contents.
7.1.6 Trade Secrets - Any code that is not freely accessible to third parties and not in the public domain, and to which ShoutAbout Ltd or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from ShoutAbout Ltd. Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which ShoutAbout Ltd or their suppliers owns the copyright. ShoutAbout Ltd acknowledges the intellectual property rights of the Client. Information passed in written form to ShoutAbout Ltd, and that the Client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client.
7.2 Deadlines
ShoutAbout Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
7.3 Clients
7.3.1 Clients - ShoutAbout Ltd will not be liable or become involved in any disputes between the client and their clients and cannot be held responsible for any wrongdoing e.g. any disputes re content / images that have been provided to us for inclusion on the design.
7.3.2 Appointed Agents - ShoutAbout Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
7.3.3 Materials - ShoutAbout Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the inclusion of material and information submitted by the client.


8. Rights & Responsibilities

8.1 Right to Terminate
ShoutAbout Ltd reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.
8.2 Events Beyond the Control of ShoutAbout Ltd
ShoutAbout Ltd will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of ShoutAbout Ltd.
8.3 Supply and Pricing of Services
ShoutAbout Ltd reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.


9. Interpretation

9.1 Jurisdiction
This Agreement shall be governed by the laws of England which shall claim venue and jurisdiction for any legal action or claim arising from the contract between ShoutAbout Ltd and the Client. The said contract is void where prohibited by law.
9.2 Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
9.3 Change of Terms and Conditions
These terms & conditions may change from time to time. All clients are encouraged to review this document on a regular basis to ensure they are aware of any changes.


10. Acceptance of Terms & Conditions
The placement of an order for any services offered by ShoutAbout Ltd constitutes acceptance of the above terms and conditions and forms a Contract between the client and ShoutAbout Ltd. The client agrees to the supply of the Services in accordance with these terms and conditions, acknowledges that it has read and understood these terms and conditions and agrees to be bound by them.

1. Definition of Terms

1.1 Definitions
Unless otherwise stated, the following definitions apply to this document:

- “ShoutAbout Ltd” – of First Floor, 47 Upper Bar, Newport, Shropshire TF10 7AP.
- “we,” “us” and “our” are references to ShoutAbout Ltd;
- “you,” “your” and “client” are references to the person paying for services from ShoutAbout Ltd having entered into this agreement;
- “order” or “contract” means a request made by the client to us for services to be supplied subject to these terms and conditions;
- “charges” are the charges payable by the client for the provision of services.
- “work” and “the work” is the subject matter of the contract between the Client and ShoutAbout Ltd.
- “parties” relates to ShoutAbout Ltd and the Client.
- "services" are web hosting, domain name registration, outsourced support, email and other services or facilities provided by us to you;
- "web server" is the computer equipment operated by us in connection to the services provided;
- “domain name” is the root address of a website, e.g. www.webaddress.com. All such names must be registered with the appropriate naming authority, which will usually charge a fee.
- “downtime” time when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site.
- “host” is the company on whose system the Website physically resides.
- “link,” and “hyperlink” is a 'clickable' link embedded on a web page which may take the form of a graphic or text.
- “search engine” is a website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification.
- “website” is a collection of web pages and associated code which forms an integrated presence.


2. Ordering Process

2.1 Order Acceptance
We reserve the right to refuse, cancel or reject any order made by the client. In such cases, a full refund will be made using the same method of payment as was originally used.
2.2 Payment
Full payment is required before any hosting service is rendered, which includes renewals. Prepayment is due each anniversary (annually) 7 days prior to renewal date (or the date the account was set up). Billing will continue until you cancel your hosting account. We do not offer credits or refunds.
2.3 Renewal
The renewal period is 14 days prior to the renewal date, or 14 days from invoice issue date, whichever is the latter.
2.4 Refunds & Account Cancellations
Notification of account cancellation must be made during the renewal period. No refunds will be issued for account cancellations outside of the renewal period. If cancellation of the account is caused by the client breaching these terms and conditions, no refund will be issued. No refunds are issued for domain name registrations.


3. Misuse

3.1 Spam / Unsolicited Mass E-mail
The sending of unsolicited commercial email (SPAM) through our web servers promoting any web site, or via third party web servers promoting a web site hosted by us, can result in the suspension or termination of the client's web hosting account, without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear 'double opt in' methods and a strict removal procedure is published in all mailings. 'Safe lists' and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be investigated.
3.2 Account Use
Under no circumstances must our web servers be used for the hosting or communication of, reference to or linking to any of the following:
3.2.1 nudity, pornography, anything of a sexual, lewd, or obscene nature;
3.2.2 violations of any copyright or any other right of any third party;
3.2.3 threatening, abusive, harassing, defamatory statements;
3.2.4 promotion of illegal activities (hacking, cracking, etc);
3.2.5 information or software containing or about any kind of virus;
3.2.6 hate speech or hate propaganda;
3.2.7 the collection of personal information for illegal purposes;
3.2.8 content deemed by us at our sole discretion to be harmful to us.


4. Payment

4.1 Payment Schedules
The client agrees to supply appropriate payment for the services received from us in advance of the time period during which such services are provided. For renewals, payment must be supplied 7 days prior to the renewal date.
4.2 Invoices
All invoices will be sent via email 14 days prior to renewal date. Clients are required to pay their invoice in advance at the beginning of each payment term using an available method of your choice, within 7 days of the invoice issue date.
4.3 Suspension
We reserve the right to suspend any account after 14 days have passed without due payment being received, or the renewal period has elapsed. Any added time for payment will be at our sole discretion. If accounts are not settled or ShoutAbout Ltd have not been contacted regarding the delay, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating. Following consistent non payment of an invoice a Solicitor will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
4.4 Returned Cheques
Returned cheques will incur an additional fee of £50.00 per returned cheque.
4.5 Currencies
All invoices and payments are processed in GB Pound Sterling (£) and conversions will be made by the credit card company or bank of the client. Prices shown in any other currencies on this web site or other promotional material are to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All clients are advised to check amounts using accurate recent exchange rates before ordering.


5. Backups

5.1 Regularity and Policy
Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content and information. If loss of data occurs due to an error of ShoutAbout Ltd, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of the client in securing their account or by an action of the client, ShoutAbout Ltd will attempt to recover the data from the most recent archive for a £50.00 fee.


6. Resource Use

6.1 CPU and Memory
All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact the client to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU, etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the web server.
6.2 Data Transfer and Web Space Allocations
Clients can request a package upgrade or temporary resource increase. It is the sole responsibility of the client to contact us in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual unsuspension is required by us.
6.3 User may not:
a) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)


7. Client Responsibility

7.1 Contact Information
The client is responsible for keeping their contact details up to date. We cannot be held responsible for communication mix-up's as a direct result of the client's failure to update their details.
7.2 Sensitive Data
Clients are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the client is required to request a change of login details by contacting our support staff.


8. Contact Procedure

8.1 Breach of Terms and Conditions
If a breach of these terms and conditions is found we will, at our sole discretion, determine whether it is a serious or minor breach. If a serious breach of these terms and conditions is found we reserve the right to suspend the account(s) of the client in question or disable any part of the account before contacting them. We will however make an attempt to contact the client prior to suspension in the event of a minor breach using the email address we have on record for your account. If no reply is received within 3 days we will escalate the status of the breach to a serious breach and may suspend the account(s).


9. Limitation of Liability

9.1 Indemnification
We are not responsible for any claimed damages, which may result from our web servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The client agrees to indemnify, defend and hold ShoutAbout Ltd, its directors and employees harmless from any incidental, indirect, direct, special, exemplary, punitive or consequential damages whatsoever, for loss of business profits, business interruption, loss of business information, or any other monetary loss arising out of the use of or inability to use our services, or the provision of or failure to provide services.
9.2 Violations
9.2.1 We will fully cooperate with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Clients who violate these terms and conditions may incur criminal or civil liability.
9.2.2 For clients with multiple accounts, we reserve the right to suspend all accounts should the main account owner violate these terms and conditions in a manner deemed by us to be extremely serious.
9.2.3 We will be the sole arbiters as to what constitutes a violation of these terms and conditions. The failure by a client to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation.


10. Interpretation

10.1 Jurisdiction
This Agreement shall be governed by the laws of England which shall claim venue and jurisdiction for any legal action or claim arising from the contract between ShoutAbout Ltd and the Client. The said contract is void where prohibited by law.
10.2 Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
10.3 Change of Terms and Conditions
These terms & conditions may change from time to time. All clients are encouraged to review this document on a regular basis to ensure they are aware of any changes.


11. Acceptance of Terms & Conditions
The placement of an order for any services offered by ShoutAbout Ltd constitutes acceptance of the above terms and conditions and forms a Contract between the client and ShoutAbout Ltd. The client agrees to the supply of the Services in accordance with these terms and conditions, acknowledges that it has read and understood these terms and conditions and agrees to be bound by them.