Terms & Conditions.
Section A – General Terms and Conditions
In The Box supplies a wide range of marketing Services. Some of the Terms and Conditions herein vary according to the Service specified in the Proposal or Work Order. This Section A contains general clauses applicable to all; additional clauses are specified according to the Services specified in the Proposal or Work Order and are contained in Section B and Section C.
Should you have any questions concerning these Terms and Conditions, contact In The Box before signifying Agreement.
1.1 In these Terms and Conditions the following definitions apply:
“In The Box” means In The Box Marketing Ltd.
“Customer” means the individual or company who engage In The Box and includes natural persons, firms, partnerships, companies (including any holding and subsidiary companies), corporations, associations, organisations, foundations, and trusts (in each whether or not having separate legal personality).
“Completion” means delivery of the Service and/or Deliverables to the Customer in accordance with the Agreement.
“Content” means any content, including Customer Materials or Deliverables, that is or is capable of incorporation into the Customer’s website or being published through PR.
“Customer Materials” means all information, materials, documents, photographs and other content submitted by the Customer to In The Box for use in the provision of the Service.
“Inappropriate Content” means any material on the Customer’s website or social media which in In The Box’s reasonable opinion infringes applicable laws, regulations or third party rights (such as material which is obscene, indecent, offensive, defamatory, threatening or in breach of any third party Intellectual Property Rights).
“Proposal” means the proposal prepared by In The Box outlining the potential specification for the Services to be delivered by In The Box and the proposed costs to be paid for by the Customer. This may include a formal proposal document or any written quotation to provide specific, defined service(s).
“Agreement” means the acceptance of a Proposal or Work Order whereby a customer signifies their approval of any of the aforementioned. Agreement can be signified either through a signature or acceptance email.
“Work Order” means the document which is based on a Proposal and signed by the Customer, summarising the details relevant to the Project including the timeline for delivery of the Services.
“Purchase Price” means the price for the Service as detailed in the Proposal or Work Order.
“Service” means the marketing goods or services specified in the Proposal or Work Order.
“Software” means the software that is used to provide the Service.
“Web Hosting” means the provision of a web service that responds to a browser’s request for web content with the content requested. It also includes the provision of any file hosting service accessible through FTP. It does not include other services such as domain management, email hosting and Internet connectivity to/from the Customer’s premises.
“PR” means the provision of a public relations or content distribution service using online or off-line (printed) media outlets. This includes (but is not limited to) social media; industry websites; blogs; and local, national and industry press.
“First Line Support” means initial analysis and fault logging.
“Confidential Information” means for each party these Terms and Conditions and all information and data belonging to or relating to that party, its associates, its or their businesses, activities, affairs, products, services, suppliers, customers or prospective customers disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by that party, its representatives or advisers, to the other party, its representatives or advisers whether before, on or after the date of these Terms and Conditions.
“Deliverable” means a single or set of goods or services that may be delivered at one time, for example: a design draft, a collection of printed items, a marketing plan document, written copy, a consultation meeting, a website project, software, code or other electronic content.
“Business Day” means any day which is not a Saturday, Sunday or a bank or public holiday in England.
2.1. In The Box may, at its discretion, provide a Proposal or Work Order to the Customer for a project which will form part of these Terms and Conditions.
2.2. The Customer assumes sole responsibility for ensuring that the Service(s) described in either the Proposal or Work Order meets their requirements before signifying their Agreement.
2.3. Upon Agreement, a contract shall be created between In The Box and the Customer for the supply of the Service specified in the Proposal or Work Order.
2.4. Any quoted Purchase Price given by In The Box as part of the Agreement is only valid for a period of 20 Business Days from its date of issue.
2.5. By purchasing the Service or signifying Agreement, the Customer acknowledges that they have read these Terms and Conditions, understands them and agrees to be bound by them.
2.6. If a person is purchasing the Service or signifying Agreement on behalf of another person, company or other legal entity, they hereby represent and warrant that they have full authority to bind that person, company, or legal entity to these Terms and Conditions.
3.1. The contract may not be cancelled following Agreement unless a trial or rejection period has been agreed in advance. At the sole discretion of In The Box, a contract may be cancelled either wholly or in part subject to timing, and only once agreement in writing has been notified to the Customer.
3.2. For retained Services billed monthly and where no contract period has been explicitly stated on the Proposal or Work Order, the contract may be terminated by the Customer giving 1 month’s notice in writing.
3.3. Unless otherwise stated in the Proposal or Work Order or subject to clause 3.1 and clause 3.2, the contract may not be cancelled except by agreement in writing of both parties and upon payment to In The Box of such amount as may be necessary to meet the costs incurred to In The Box up to the date of cancellation and to indemnify In The Box against all loss resulting from the said cancellation.
3.4. The Customer shall have no right to seek any cancellation or repayment of job costs on the basis of style or composition.
4. TIMEFRAMES & THIRD-PARTIES
4.1. In The Box will endeavour to deliver the Services and/or Deliverables within the timeframes indicated. In The Box cannot be held to have breached these Terms and Conditions should the Services or Deliverables not be provided within that timeframe due to circumstances beyond In The Box’s control, such as (but not limited to): Customer approval of initial/final designs or written material submitted to the Customer (which shall not be unreasonably withheld); non-payment or late payment by the Customer of any agreed deposit; delays out of In The Box’s control such as with printing works or, if applicable, provision of Customer Materials.
4.2. The Company shall be entitled to use a Group Company, subcontractors or other third party services for the provision of the Services provided always that In The Box shall remain liable to the Customer for the performance of the Services as if it had carried them out itself.
5.1. The Parties will hold and maintain in strict confidence any Confidential Information that is provided to the other, and will not disclose such information to any third party, except as may be required by law.
5.2. The Customer agrees that the ideas, materials and other documents relating to the Service are confidential and all proprietary rights belong to In The Box and shall not be used or disclosed except as permitted by these Terms and Conditions.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Once Completion and full payment has been made, the ownership of the rights to the Deliverables created will pass to the Customer.
6.2. Third party materials, such as imagery, used in the Deliverables may be subject to usage liabilities such as royalties and license fees. In The Box shall procure such license as necessary for the use of third party materials for use within the scope of the Proposal or Work Order. The Customer should obtain written consent from In The Box for use of any part of the Deliverables outside of the scope of the Proposal or Work Order.
6.3. Unless otherwise stated in the Proposal or Work Order, In The Box reserves the continuing right to use any Deliverables it produces for the reasonable promotion of its services.
6.4. Where the Proposal or Work Order includes Software created by In The Box, In The Box retains ownership of all copies of the Software and the Intellectual Property Rights (IPR) therein. The Customer has no rights to the Software or the IPR contained therein.
6.5. Where the Proposal or Work Order includes creation of a brand(s), In The Box give the Customer the full rights to use any final logo design created in any and all media without restriction of any kind. Additionally, In The Box agrees that after the Customer pays in full, In The Box will cooperate and execute any additional documents reasonably requested by the Customer to evidence such assignment of rights. Any costs associated with such requests shall be covered by the Customer. The Customer also agrees that such requests may incur charges for the time spent by In The Box fulfilling such requests.
7.1. The following provisions set out the entire financial liability of In The Box (including any liability for the acts or omissions of its employees, agents or subcontractors) to the Customer in respect of:
7.1.1. any breach of these Terms and Conditions; and
7.1.2. any representation, statement or tortious act or omission including negligence arising under or in connection with the Terms and Conditions.
7.2. Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.3. Nothing in these conditions excludes or limits the liability of In The Box for death or personal injury caused by negligence or for fraudulent misrepresentation.
7.4. Subject to clauses 7.2 and 7.3:
7.4.1. In The Box shall not be liable for the accuracy and authenticity of any of the Customer Materials, which shall be the sole responsibility of the Customer.
7.4.2. In The Box shall not be liable to the Customer for any loss or damage, costs or expenses (whether direct, indirect, incidental or consequential and whether relating to loss of profits, loss of business, business interruption, loss of data, depletion of goodwill or other such losses), suffered by the Customer which arise out of or in connection with the supply of the Service or their use by the Customer.
7.4.3. The Customer assumes all risk as to the suitability, quality, and performance of the Service.
7.4.4. In The Box’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the performance or contemplated performance of this contract shall be limited to, and in no event shall exceed, the amount originally paid to In The Box for the Service.
7.4.5. In The Box shall not be liable for any loss, damage or delay which arises as a result of the termination of the contract between the Parties, or for In The Box’s compliance with relevant statutory or regulatory requirements.
7.4.6. It is the responsibility of the Customer to ensure that the Deliverables comply with all laws, regulations and codes in all countries where the Deliverables are used. The Customer agrees to indemnify In The Box against any costs arising from the use or misuse of the Deliverables.
7.5. No verbal or written information or advice given by In The Box or its dealers, distributors, employees or agents shall in any way extend, modify or add to these conditions.
7.6. Liability relating to marketing services
7.6.1. In The Box shall not be liable for downtimes, interference in the form of hacking, virus, disruptions, interruptions, faulty third-party software, search engines or websites on which a Service is dependent. In The Box shall use its reasonable efforts to assist in remedial efforts if so requested by the Customer. Any work connected with remedial efforts as described above shall be charged to the Customer separately in accordance with these Terms or (at the In The Box’s discretion) at an agreed price/rate.
7.6.2. In The Box shall use all reasonable endeavours to deliver Services relating to social media management, content marketing, blogging and user engagement in accordance with the guidelines applicable to the relevant websites and social media platforms. However, In The Box shall not be liable for delays or deteriorating performance due to changes made to standard terms, algorithms, account functionality, account availability, search results, viewing policy, prices or other matters beyond In The Box’s control and reserves the right to make changes to Services as a result of the same. In addition, In The Box shall not be liable for other changes or discontinuation of social media platforms’ services or third party services.
7.6.3. If the Customer does not implement some or all of In The Box’s marketing recommendations, In The Box shall not bear any liability for any lack of success experienced by the Customer relating to the Services.
8. PAYMENT TERMS AND PRICING
8.1. Unless otherwise expressly stated, all prices shall be in Pounds Sterling and shall be exclusive of VAT and other statutory duties. In the event that any statutory duties are introduced or changed after Agreement, In The Box shall be entitled to adjust the agreed prices accordingly.
8.2. Where a deposit is required, In The Box is not obliged to carry out any work before the deposit is received. In the event that any preliminary work is carried out prior to receipt of the deposit and the order is then cancelled In The Box will invoice the Customer for this work.
8.3. The Purchase Price, once accepted by both parties as signified by Agreement, is applicable for 12 months from the date of signing. In The Box reserves the right to increase the price of any work outstanding after that period.
8.4. Prior to each payment due date, In The Box shall issue an invoice to the Customer. Unless otherwise stated on the invoice, each invoice is payable within 30 calendar days.
8.5. If the Customer fails to make a payment on a due date then without prejudice to any other right or remedy available to In The Box, In The Box shall be entitled to suspend or terminate the Service:
8.5.1. Should a payment be late by 15 or more days, In The Box may suspend the Service.
8.5.2. Should a payment be late by 45 or more days, In The Box may terminate the Service.
8.6. In the event that any payments due under these terms and conditions become overdue, interest on such amounts shall be payable by the Customer, from the due date to the actual date of payment, after as well as before any judgment, at the annual rate of 5% above the base lending rate from time to time of the Bank of England, accruing on a daily basis until payment is made. In The Box reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
8.7. All payments shall be paid in full without set off, deduction or counterclaim whatsoever.
8.8. In The Box reserves the right to vary the Purchase Price according to further requirements made by the Customer subsequent to order acknowledgement. Any such variation shall be advised by In The Box in writing and confirmed by the Customer in writing before either the work proceeds further or any charges are incurred.
8.9. Where the Proposal or Work Order includes design or written work, unless otherwise stated the Purchase Price includes an allowance for two sets of changes to each Deliverable. Additional changes shall be charged at the prevailing hourly rate. Any such variation shall be advised by In The Box in writing and confirmed by the Customer in writing before either the work proceeds further or any charges are incurred.
8.10. The charge for carriage of goods is at additional cost to the Customer, unless otherwise stated in the Proposal or Work Order.
8.11. In The Box reserve the right to charge expenses when fulfilling the work. No expenses shall be incurred without the Customer’s express written agreement.
8.12. The first meeting at an agreed location between the parties will be free of charge. Any subsequent meetings will be charged to the Customer at an agreed hourly rate, unless agreed otherwise between the parties.
9. CHANGES TO TERMS AND CONDITIONS
Any changes In The Box may make to these Terms and Conditions in the future will be posted on this page.
Last updated: 25/03/2019.
10. FORCE MAJEURE
In The Box shall not be liable for any delay or failure in performance of its obligations under these Terms and Conditions which is due to or results from any circumstances beyond its reasonable control. In any such event In The Box shall be entitled to delay or cancel delivery of the Service.
11.1. If any term or provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or in conflict with the law, the validity or enforceability of the remainder of this agreement shall not be affected thereby.
11.2. If any provision of these Terms and Conditions are found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
No failure or delay by either party in exercising, wholly or partially, any of its rights with regard to any breach or default of this agreement by the other party shall constitute a waiver of such rights and no waiver of any such breach or default shall be deemed to constitute a waiver of any other rights or any subsequent or continuing breach of default.
The Customer may not sub-licence, assign, transfer or otherwise dispose of its rights under the Agreement or any part of it without the written consent of In The Box.
14. COMPANY REGISTRATION DETAILS
In The Box is registered in England and Wales under company number 10046880. The Company’s registered office is Gatcombe House, Copnor Road, Portsmouth, Hampshire, PO3 5EJ, United Kingdom.
Section B - General Marketing Services
15. PAYMENT TERMS AND PRICING
15.1. For printing and physical goods, unless otherwise stated in the Proposal or Work Order, the Purchase Price shall be payable to In The Box upon Agreement.
15.2. For ad-hoc work consisting of a single Deliverable, unless otherwise stated in the Proposal or Work Order, the Purchase Price shall be payable to In The Box on Completion.
15.3. For project work consisting of multiple Deliverables, unless otherwise stated in the Proposal or Work Order, the Purchase Price shall be payable to In The Box as follows:-
15.3.1. 50% non-refundable deposit payable upon Agreement.
15.3.2. 50% upon Completion.
15.4. For retained Services provided on a subscription basis (monthly or otherwise), the Customer acknowledges that subscriptions will be automatically renewed by In The Box to avoid any interruption to service, unless cancelled in accordance with these Terms and Conditions.
16. CONTENT MARKETING & WEBSITE CONTENT MANAGEMENT
16.1. Where In The Box manage website(s) and/or produce Content on behalf of the Customer, unless the Proposal or Work Order explicitly states otherwise;
16.1.1. In The Box makes no representations or warranties whatsoever in relation to any potential improvement in “followers”, “likes”, website traffic, clicks, search engine rankings or similar potential benefits from the Service.
16.1.2. In The Box shall not post any Content onto the Customer’s website without prior approval of the Customer or those acting on behalf of the Customer. The Customer will endeavour that approval is given to In The Box as promptly as possible and shall be responsible for the accuracy and completeness of the approved Content. Unless the Customer requires In The Box only to act on instructions of named individuals, In The Box (acting reasonably) is entitled to rely on all approvals purported to be given on behalf of the Customer.
16.1.3. Where the website allows comments to be posted by visitors, the Customer acknowledges that In The Box has no responsibility for monitoring or controlling such comments. In The Box reserves the right to remove Inappropriate Content from the website.
16.2. Where In The Box provide a retained Content Marketing/blogging Service, for each month (or other agreed period) of Service;
16.2.1. In The Box will make all reasonable efforts to deliver the quantity of Content articles set out in the Proposal or Work Order.
16.2.2. The Customer shall provide subject matter, input or technical information to In The Box, as reasonably required by In The Box, in sufficient time to facilitate the execution of the Proposal or Work Order.
16.2.3. The Customer shall be obliged as quickly as possible and within reasonable timescales to comment on or approve Content provided under the Service.
16.2.4. In the event that the Customer fails to undertake those acts or provide the information required under this clause 16.2 within any agreed deadline (and usually within 5 Business Days of the date requested by In The Box) In The Box cannot be held to have breached these Terms and Conditions. In The Box shall be entitled to invoice for the Service that it has supplied, and for the Content specified in the Proposal or Work Order not delivered due to the failure(s), delay or default of the Customer as set out in this clause 16.2.
16.3. The Customer shall indemnify In The Box against all damages, losses and expenses arising as a result of any action or claim (a) that any Content approved by the Customer infringes the Intellectual Property Rights or other rights of a third party or (b) that any Content or any comment posted to, or linked to, the website constitutes Inappropriate Content.
17. SOCIAL MEDIA MANAGEMENT
17.1. Where In The Box manage social media profiles on behalf of the Customer, unless the Proposal or Work Order explicitly states otherwise;
17.1.1. In The Box makes no representations or warranties whatsoever in relation to any potential improvement in “followers”, “likes”, “engagement”, website traffic, clicks, search engine rankings or similar potential benefits from the Service.
17.1.2. The Customer acknowledges and accepts that for the duration of this Service, In The Box are granted permission to post on the Customer’s social media profiles autonomously, and permission need not be sought (unless agreed otherwise).
17.1.3. Whilst In The Box will monitor the Customer’s social media profiles for comments, mentions and engagement, and will make reasonable efforts to deal with any interactions appropriately, the Customer acknowledges that In The Box has no responsibility for controlling such comments or resolving queries and complaints which remain the sole responsibility of the Customer. Furthermore, In The Box cannot be held responsible for any loss in perceived reputation, brand value or goodwill experienced by the Customer due to such interactions. In The Box reserves the right to remove Inappropriate Content from social media.
17.1.4. In The Box require that prior notice be given for any alterations relating to the Customer’s social media profile(s) that may affect the Services supplied. If alterations are made by the Customer or a third party to the Customer’s profile(s) then performance and brand integrity may be affected and In The Box cannot be held responsible.
17.2. The Customer shall indemnify In The Box against all damages, losses and expenses arising as a result of any action or claim (a) that any Content approved by the Customer infringes the Intellectual Property Rights or other rights of a third party and/or (b) that any Content or any comment posted to, or linked to, the website or social media constitutes Inappropriate Content.
17.3. In The Box shall not be responsible for profiles or their content streams dropped or excluded by a search engine or social media site for any reason.
18.1. Although In The Box will make every reasonable effort to increase The Customer’s media exposure as defined within our Agreement, In The Box makes no representations or warranties whatsoever in relation to the success rate of PR pitches or pitches in response to opportunities to quote. Editorial and journalistic decisions are beyond In The Box’s control and as such can give no definitive estimates or guarantees of success.
18.2. While In The Box will distribute its acceptable Content to various media outlets, In The Box makes no guarantee that any Content will be published or in any other way used by any third parties to whom it is sent, and In The Box makes no representations or warranties whatsoever in relation to any potential improvement in brand awareness, website traffic, search engine rankings or similar potential benefits from this Service.
18.3. The Customer shall endeavour to respond to opportunities to quote within a reasonable timeframe. A reasonable time frame is generally considered to be within 24 hours of the request, unless otherwise stated in the Agreement or specified within a specific journalist request. Turnaround times for opportunities to quote can be much shorter – as little as an hour – and where this is the case, In The Box would always advise the Customer of this, at the time the opportunity is offered.
18.4. In The Box will not be held responsible if a PR opportunity is lost because of any delay in responding on the part of the Customer.
18.5. The Customer is responsible for authorising any and all pitches, stories, quotes or any other public- or media-facing content created by or in collaboration with In The Box on behalf of the Customer.
18.6. Upon authorising (verbally, by email or in any other way) any content created by or in collaboration with In The Box, the Customer makes its own evaluation of the merit, factual and reputational efficacy of that content and accepts any and all consequences (including reputational, financial and legal) of its publication or sharing on any platform and in any media.
18.7. The Customer acknowledges that In The Box has no responsibility for controlling responses to its appearance in media or its comments or content in media, or any costs associated with these.
18.8. The Customer shall indemnify In The Box against all damages, losses and expenses arising as a result of any action or claim (a) that any Content approved by the Customer infringes the Intellectual Property Rights or other rights of a third party and/or (b) that any Content or any comment posted to, or linked to, the website or social media constitutes Inappropriate Content.
19. DELIVERABLES INCLUDING GOODS
19.1. Where a Deliverable includes goods to be received by the Customer:
19.1.1. The passing of risk shall occur on the day of delivery to the Customer.
19.1.2. If goods are received by the Customer in any way damaged upon delivery, the Customer must advise In The Box within 24 hours of delivery of the nature of the damage and must retain the Goods as delivered.
19.1.3. The maximum extent of In The Box’s liability for damaged goods will be, at its sole discretion depending on the circumstances: a return of the Purchase Price related to the goods or replacement of the goods.
19.1.4. Goods remain the property of In The Box and title remains with In The Box until payment has been made in full.
19.1.5. In The Box shall make every effort to achieve any quoted delivery dates and execute any obligations set out in the Proposal or Work Order but will not be under any liability if delivery is delayed or prevented by events beyond its control or as a result of delays by the Customer.
Section C - Website Creation Services
20. PAYMENT TERMS AND PRICING
20.1. Unless otherwise stated in the Proposal or Work Order, the Purchase Price for a website project shall be payable to In The Box by the Customer as follows:-
20.1.1. 50% non-refundable deposit payable upon Agreement; and
20.1.2. 50% when the website is ready to “go live”.
20.2. In The Box may offer the Customer a Web Hosting service for the Customer’s website. The Proposal or Work Order shall give details of the monthly fees payable for Web Hosting.
20.2.1. The monthly fees for the Web Hosting service are chargeable from the point at which the website is ready to “go live”.
20.2.2. The Customer may terminate the Web Hosting service by giving one month’s written notice from the next due payment, subject to the minimum contract period of three months.
20.2.3. Once notice of termination as in clause 20.2.2 has been received, an invoice will be raised for the remaining contract period.
20.2.4. The Web Hosting service is effective until terminated. In The Box may terminate the service immediately and without notice if the Customer fails to comply with these Terms and Conditions.
20.2.5. Web Hosting fees are increased with effect from the 1st April each year according to the published rate of inflation as given by the Retail Price Index (RPI).
21. WEBSITES HOSTED BY IN THE BOX
21.1. The Customer agrees to abide by rules regarding acceptable use of the Web Hosting service.
21.2. The Customer agrees that the Web Hosting facility may be provided by a third party and that the Terms and Conditions, including any Acceptable Usage Policy, of that third party shall apply to the Customer.
21.3. In The Box shall make all reasonable efforts to ensure that the Service is available, subject to any limitations imposed by any third party web hosting provider.
21.4. In The Box may, from time to time, temporarily withdraw Service for the purpose of making enhancements available to the Customer and for maintenance or support issues.
21.5. In The Box agrees to take all commercially reasonable and prudent steps within its control to prevent hacking and other malicious activity relating to the Web Hosting service. The Customer acknowledges that no website can be fully secure and that In The Box has no direct control over the hosting of the website. In The Box gives no warranty or undertaking that the website will not be hacked or subject to malicious activity and has no liability for such activity.
21.6. The Web Hosting service may include ongoing software and “plug-in” security patch updates if specified in the Proposal or Work Order.
21.7. In The Box shall only allow the use of “plug-ins” that it, at its sole discretion, deems safe to be used in its hosting environment. In The Box reserves the right to charge the Customer for time taken to investigate the suitability of “plug-ins” that have not been previously deemed safe.
21.8. The Web Hosting service includes backups of the Customer’s SQL database and data files under the public HTML web space. Such backups are made monthly. Frequently, the backups shall also be copied to a location separate from the data centre. In The Box will accept no responsibility whatsoever for loss of data or information resulting from the use of this service, unless due to the negligence of In The Box.
21.9. In The Box may include the statement “Website by In The Box Marketing” as a footer on each page of the website in a form to be agreed.
22. WEBSITES NOT HOSTED BY IN THE BOX
22.1. Upon Completion, unless explicitly stated in the Proposal or Work Order, In The Box are not liable for:
22.1.1. Backups of the Customer’s SQL database or data files under the public HTML web space;
22.1.2.The installation of Software and “plug-in” updates and security patches;
22.1.3. Prevention of hacking and other malicious activity on the website or web server;
22.1.4. Technical support for the website or hosting environment, including (but not limited to) issues arising from activities undertaken by the hosting provider or the Customer;
22.1.5. The extraction or packaging of the Customer’s SQL database, content, site files and data files in the event the Customer wishes to change hosting provider.
23.1. The Customer assumes sole responsibility for ensuring that the Software functionality meets their requirements before signifying Agreement.
23.2. In The Box shall install and/or configure the Software only as specified in the Proposal or Work Order. Further to project sign-off In The Box does not provide any warranty whatsoever. This includes websites hosted with In The Box and elsewhere, Web Hosting, server network, connectivity or any software.
23.3. Unless the Proposal or Work Order explicitly states otherwise, the Customer bears all cost for modification to the Software in the event that the Customer discovers, subsequent to signifying Agreement, that the Software functionality does not meet the Customer’s requirements.
23.4. No Software or Internet service can ever be guaranteed to be 100% reliable. In The Box shall not be liable for any losses caused resulting from the use of (or inability to use) the Service, due to faults in the Software or underlying software, hardware, networks or any other cause of failure.
23.5. In The Box does not warrant any Software that has been altered or changed in any way by anyone other than In The Box. In The Box is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the Software with software not furnished by In The Box.
24. THIRD PARTY SOFTWARE/SERVICES
Where the Proposal or Work Order includes any third party software or services, In The Box will provide First Line Support only. Where the fault is caused by the third party software and In The Box is unable to correct the fault In The Box will use its reasonable endeavours to ensure that the problem is reported to the relevant third party for resolution.
25. OWNERSHIP OF CONTENT
25.1. The Customer is legally responsible for the Content of their website(s).
25.2. In The Box does not infer ownership of the design or Content of the Customer’s website(s).
25.3. The data that a Customer is entitled to take from its website(s) upon termination of its contract with In The Box and subject to any outstanding payments owed to In The Box being paid, includes the following:
25.3.1. The graphical design of the website(s) and the entitlement to reproduce this design within other websites;
25.3.2. All text and imagery incorporated as part of the website(s);
25.3.3. The website’s front-end code, where this can be separated from the Content Management System used, e.g. WordPress.
25.3.4. Where a website is hosted by In The Box, the database and files will be extracted, packaged and provided to the Customer. Where a website is not hosted by In The Box, no assistance will be provided in extracting or transferring the website to another hosting provider.