Terms Of Service

PINGUR TERMS AND CONDITIONS 

Please read all these terms and conditions. 

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.  

Application 

  1. These Terms and Conditions will apply to the purchase of the Pingur online services by you (the Customer or you).   Pingur is a web-service product provided by We Are Awesome Digital Ltd. a company registered in England and Wales under number 11227563 whose registered office is at   Digital Media Centre, County Way, South Yorkshire, S70 2JW  with an email address to be used in relation to this product which is support@gopingur.com; (the Supplier or us or we). 

  2. These are the terms on which we sell all Pingur services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old. 

Interpretation 

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession; 
  2. Contract means the legally-binding agreement between you and us for the supply of the Services; 
  3. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order; 
  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored; 
  5. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order; 
  6. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website; 
  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website; 
  8. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order; 
  9. Website means our website gopingur.com on which the Services are advertised. 

Services 

  1. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement provided by Pingur. Due to the nature of this web-service, there may be discrepancies to descriptions and visuals used to market the product where updates/improvements have been required and marketing materials are relating to previous versions of the service. 
  2. In the case of Pingur services being made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate and these requirements will not be included under the standard terms of this contract. 
  3. All Services which appear on the Website are subject to availability. 
  4. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.  

Customer responsibilities 

  1. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed). 
  2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you. 

Personal information and Registration 

  1. When registering to use the Pingur web services you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret. 
  2. We retain and use all information strictly under the Privacy Policy. 
  3. We may contact you by using e-mail or other required communication methods and you expressly agree to this. Transactional emails/methods are a mandatory requirement as part of this service, whereas Marketing emails/methods are optional based on your preferences (managed within your Pingur account). 

Basis of Sale 

  1. The description of the Pingur services on our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. 
  2. The Order process is set out on the Pingur website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly. Customers can choose a free or paid subscription to the Pingur service. 
  3. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services. 
  4. Pingur service costs will be outlined on the website and across literature material where required. In the instance that prices are updated, a disclaimer will notify the date of price change which will supersede any previous pricing before this date.  
  5. Downgrades of your subscription Contract are not possible once you have entered a plan that is greater than your previous plan (I.e upgrading from a free plan to paid plan). No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing. 
  6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business. 

Fees and Payment 

  1. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services will be reviewed periodically.  
  2. Fees and charges are currently exempt of VAT charges. In the instance that VAT charges are applied, these will be charged at the rate applicable at the time of the Order. 
  3. You must pay by submitting your credit or debit card details with your Order which will be used for subscriptions and one-off fees (where applicable). We can take payment immediately or otherwise before delivery of any paid Services. Subscriptions will be charged monthly from the date of your first payment. 

Delivery 

  1. Pingur services are made available immediately upon order placement which can be accessed through the web-app portal. The Pingur service includes: 

    a. Management of a Customer's website(s) that are created and accessed through the Pingur portal. Wordpress products/services are not owned by or responsible of Pingur and any Pingur service offering. 

    b. Hosting of Websites created 

    c. Management of Single User and Team Accounts 

    d. WordPress Database and Selected Plug-in (see list below) Maintenance/Updates. Maintenance/Updates may include database backups, plug-in updates, compatability and bug-fixing when required. Users will be notified in the event of maintenance and updates being processed.   

Plug-ins that are supported in the Pingur Services include:    Contact Form7 

Elementor and Elementor Pro 

WooCommerce and WooCommerce Admin 

MailChimp for WooCommerce 

Site Kit by Google 

Yoast SEO 

HubSpot 

These listed Third-Party plug-in products/services are not owned by or the responsibility of Pingur and any Pingur service offering. Maintenance and Support of these plug-ins are carried out based on the requirements made by each Third-Party plugin owner.  Access to a Customer's Domain(s) that will be pointed to Pingur services. Domain registrant products/services are not owned by or responsible of Pingur and any Pingur service offering. The Customer will be responsible for their Third-party domain management. 

  1. All Pingur services are provided via web-browser access and made available for primary use on Desktop devices. Access on other devices such as tablets and mobile may be restricted/limited. 

  2. Websites that are created with the Pingur service are not transferable outside of the service. 

Risk and Title 

  1. With instances and events beyond our control such as service downtime, our support team will endeavor to have the Pingur service back up and running as normal in the soonest time possible. Due to the nature of the web-services being provided and requirements to operate, issues can occur which are unavoidable and unexpected. If you have any questions about these events, please contact our support team. 
  2. All data pertaining to our service is backed up on a regular basis to ensure a reliable service. Site backups are as per your subscription plan. We will not store backups for any longer than your plans limit.  
  3. In case of catastrophic system failure, we will endeavor to have all sites redeployed as soon as possible from our backups. We are not responsible for any loss caused to your business during any downtime.  
  4. Site data will be backups will be retained as per your plan. We are not responsible for any loss of data due to your use of your sites. Any personally identifiable data will not be kept after your account has ceased. 
  5. If any payment is overdue or failed to be met, we can choose, by notice to cancel any Pingur services made available to a Customer and their account and end any right to use the Pingur Service. Any websites and data that are related to the Customer and their account will be made unavailable immediately. 

Withdrawaland cancellation 

  1. The customer has the right to cancel their Pingur service subscription (paid tiers) at any time. The remainder of the subscription duration that is open must be paid and carried out before the cancellation is made. Cancelling a subscription will return the account to the free tier and any websites and data that require subscription will be made unavailable once the cancellation is activated. 

Commencement of Services after subscription cancellation requested 

  1. Pingur services will be reduced to the free tier account and any subscription related website and data will be made unavailable (this cannot be exported). A customer can reactivate the website and data by setting up a new subscription through their account. Pingur will not be held responsible for any effects incurred to a Customers websites and data if the Customer cancels their subscription. 

Withdrawal of user account  

  1. If a customer requests to withdraw their account from the Pingur service, all websites and data will be immediately unavailable to the Customer and permanently removed from the Pingur database records. This process cannot be undone was selected by the Customer. Pingur will not be held responsible for any loss of data related to a customer. 

Conformity 

  1. We have a legal duty to supply the Pingur services in conformity with the Contract, and will not have conformed if it does not meet the following obligation. 

  2. Upon account creation and/or order placement of subscription, the Service will: 

    a. be of satisfactory quality; 

    b. be reasonably fit for any particular purpose for which you buy the services which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and 

    c. conform to their description. 

  3. It is not a failure to conform if the failure has its origin in your materials. 

  4. We will supply the Services with reasonable skill and care. 

  5. We will provide the following after-sales service: The Pingur service ensures compatibility of the selected Third-party plugins as listed within 'Delivery' (this does not include pro/license fees for these products, of which will be managed direct by the customer) with the Pingur service that is provided to the Customer. 

  6. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Pingur Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later). 

Duration, termination and suspension 

  1. The Contract continues as long as it takes us to perform the Services. 

  2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other: 

    a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or 

    b. is subject to any step towards its bankruptcy or liquidation. 

  3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected. 

Successors and our sub-contractors 

  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties. 

Circumstances beyond the control of either party 

  1. In the event of any failure by a party because of something beyond its reasonable control: 

    a. the party will advise the other party as soon as reasonably practicable; and 

    b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below). 

Privacy 

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. 

  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (gopingur.com/privacy-policy) and cookies policy (gopingur.com/privacy-policy). 

  3. For the purposes of these Terms and Conditions: 

    a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR. 

    b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679. 

    c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR. 

  4. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you. 

  5. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws: 

    a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; 

    b. we will only Process Personal Data for the purposes identified; 

    c. we will respect your rights in relation to your Personal Data; and 

    d. we will implement technical and organisational measures to ensure your Personal Data is secure. 

  6. For any enquiries or complaints regarding data privacy, you can e-mail: support@gopingpur.com. 

Excluding liability 

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession. 

Governing law, jurisdiction and complaints 

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales. 
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland. 
  3. We try to avoid any dispute, so we deal with complaints as follows: If a customer has any questions relating to the service, including complaints, troubleshooting, downtime, maintenance, or similar, these should be directed to support@gopingur.com and a member of our team will get back to the customer within 24-72 UK working hours. Working hours are 9-5pm Monday to Friday.. 

Model cancellation Form To:   

We Are Awesome Digital Ltd. c/o Pingur 

Digital Media Centre 

County Way

South Yorkshire

S70 2JW

Email address: support@gopingur.com