Terms & Conditions - Ourbizz Limited

1. About These Terms

These terms and conditions ("Terms") govern your use of Ourbizz Limited's websites, managed Website Builder, hosted websites and related digital services (collectively, the "Service"). Ourbizz Limited (Company No. 17076207) is registered in England and Wales ("Ourbizz", "we", "us", "our"). By using our Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

2. The Service

Website Builder is a managed website creation and hosting service. You may ask us to refresh an existing website or create a new one from business information and brand material you provide. We review, structure and prepare the website for your approval; submitting an initial request is free and creates no obligation to proceed.

A one-off build fee, agreed before work begins, covers the initial website creation and setup.
A recurring monthly hosting fee covers hosting, SSL certificates, uptime monitoring, and basic support.
Websites are initially hosted on an Ourbizz subdomain (e.g., yourbusiness.ourbizz.com).
You may optionally connect your own custom domain name to your hosted site.

3. Account Registration

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information and to keep your account credentials secure. You are responsible for all activity under your account.

4. Payment & Billing

Initial Request: Sending a website request is free and without obligation.
Build Fee: If you choose to proceed, the agreed one-off build fee is payable before production work begins and becomes non-refundable once that work has commenced.
Monthly Hosting: Hosting is billed monthly via your chosen payment method. You authorise us to charge your payment method on a recurring basis.
Optional Add-ons: You may choose optional monthly add-ons, currently Blog (£2.99 per month) and the SEO & AI Visibility Dashboard (£1.99 per month). Add-ons are added to your hosting subscription, charged proportionally for any part month when added, and can be removed at any time, with charges stopping from your next bill. Everyday search setup for your website is included with hosting at no extra cost. The SEO Dashboard provides guidance and suggestions only; it does not guarantee any search engine ranking, AI assistant visibility or number of visitors, and you remain responsible for your content as set out in these Terms.
Price Changes: We may adjust pricing with at least 30 days' written notice. Continued use after such notice constitutes acceptance.
Failed Payments: If a payment fails, we will attempt to notify you. Continued failure may result in suspension or termination of your hosted website.

5. Cancellation & Refunds

You may cancel your monthly hosting subscription at any time. Cancellation takes effect at the end of your current billing period.
Upon cancellation, your hosted website will be taken offline. We are not obligated to retain your site data beyond 30 days after cancellation.
The one-off build fee is non-refundable once site generation has commenced.
No refunds are given for partial months of hosting.

6. Your Content

In these Terms, "Customer Content" means all material used or proposed for use on your website, including text, business claims, prices, offers, testimonials, reviews, names, contact details, logos, trade marks, photographs, graphics, illustrations, video, audio, documents, links and other material. It includes material that you provide or upload, material extracted from an existing website or files at your request, material you add or edit later, and material suggested, generated, arranged or modified by Ourbizz or by artificial intelligence.

You retain ownership of Customer Content that you own. By providing or approving Customer Content, you grant us a non-exclusive, worldwide licence to store, copy, adapt, process, display and reproduce it only as reasonably needed to provide, maintain and support the Service.

You are responsible, without exception, for checking and approving all Customer Content before it is published and for keeping it accurate, lawful, appropriate and up to date while it remains in use. You warrant that you own the Customer Content or have obtained every permission, licence, consent and release required to provide and use it, including permissions relating to copyright, trade marks, photographs, depicted people, privacy, publicity and image rights, personal data, advertising rules and third-party confidential information.

Our acceptance, processing, editing, suggestion, display or publication of Customer Content does not mean that we have verified its accuracy, legality, ownership or licensing, and does not transfer your responsibility to us. You must promptly correct or remove Customer Content if it becomes inaccurate, a permission or licence expires, consent is withdrawn, or you become aware of a complaint, dispute, infringement or other legal concern.

7. AI-Generated Content

Parts of your website, including text and images, may be suggested, generated or enhanced using artificial intelligence. AI output is provided as a draft or suggestion only. It may be inaccurate, unsuitable, misleading, similar to existing material, or depict or refer to people, brands, products, locations or other protected subject matter. It is not a guarantee of factual accuracy, originality, ownership, licensing, legal compliance or fitness for your intended use, and it is not legal or other professional advice.

You must review every AI-generated or AI-modified item before approving or publishing it, including checking the facts, claims, wording, people and objects shown, and whether all necessary rights and permissions exist. By selecting, editing, approving, publishing or continuing to use that item, you accept responsibility for it as Customer Content. To the extent permitted by law, we accept no liability for any loss, damage, dispute or claim arising from AI-generated or AI-modified Customer Content used on your website.

8. Website Scanning

If you provide an existing website URL for scanning, you confirm that you are the owner or authorised representative of that website and have the right to permit us to access, extract, adapt and reuse its text, images, branding and other material for your new website. Material being publicly accessible does not by itself mean that it may lawfully be copied or reused. You must tell us before publication if any material must not be copied, retained or used. We scan websites solely to assist in building your new site and do not store raw scan data beyond what is necessary to deliver the Service.

9. Approval, Publication & Ongoing Checks

Before your website goes live, you must carry out a complete review of every page and all Customer Content, regardless of who supplied, extracted, drafted, generated, selected, edited or arranged it. This includes checking spelling, contact details, prices, offers, business and professional claims, legal notices, links, accessibility, images and all permissions and licences.

After publication, you remain responsible for regularly checking and maintaining your website and for telling us promptly when Customer Content needs to be corrected, updated or removed. Any help, recommendations, formatting, review or publication assistance that Ourbizz provides does not amount to legal clearance and does not reduce or replace your responsibility. Your approval for publication confirms that you have completed these checks and accept responsibility for the Customer Content then published.

10. Custom Domains

Domain Ownership: If you connect a custom domain, you are solely responsible for domain registration, renewal, DNS management, and any associated costs with your domain registrar.
DNS Configuration: You are responsible for correctly configuring your DNS records to point to our hosting infrastructure. We provide guidance but accept no liability for misconfiguration or downtime caused by incorrect DNS settings.
Domain-Related Email: If you use email addresses associated with your custom domain (e.g., info@yourbusiness.com), you are solely responsible for maintaining those email services. Changes to DNS records required for our hosting service may affect your email delivery. We strongly recommend consulting your email provider before making DNS changes.
Domain Expiry: We are not responsible for any downtime or service disruption caused by your domain expiring or being suspended by your registrar.
SSL Certificates: We provide SSL certificates for Ourbizz subdomains automatically. For custom domains, SSL provisioning depends on correct DNS configuration and may take up to 72 hours.
Transfer Away: If you cancel the Service, you retain full ownership of your domain. You are responsible for redirecting DNS away from our servers.

11. Service Availability & Uptime

We aim to provide a reliable hosting service but do not guarantee 100% uptime. The Service is provided on an "as is" and "as available" basis.

We may experience downtime for maintenance, updates, security patches, or unforeseen technical issues.
We will make reasonable efforts to notify you in advance of planned maintenance where possible.
We are not liable for any loss of business, revenue, data, or any indirect, consequential, or special damages arising from service downtime or interruption, whether planned or unplanned.
Third-party service failures (including but not limited to DNS providers, CDN networks, cloud infrastructure providers, payment processors, and domain registrars) are beyond our control and we accept no liability for their unavailability.

12. Limitation of Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. Subject to that, and to the maximum extent permitted by law:

Our total aggregate liability to you for any claims arising from or related to the Service shall not exceed the total fees paid by you to us in the 12 months preceding the claim.
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business, goodwill, or reputation.
We are not liable for any loss, damage, dispute or claim resulting from Customer Content you provide, import, select, edit, approve, publish or continue to use, including unlicensed images or other material, inaccurate or misleading claims, AI-generated or AI-modified material, privacy or image-rights issues, or infringement of third-party rights.
We are not liable for any loss or damage resulting from third-party integrations, custom domain configurations, or any actions taken based on information displayed on your website.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

13. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Ourbizz, its officers, employees and agents from claims, damages, losses and reasonable expenses (including legal fees) arising from your use of the Service, Customer Content you provide, import, select, edit, approve, publish or continue to use, your breach of these Terms, or your violation of third-party rights. This includes claims concerning copyright, trade marks, photographs, privacy, publicity or image rights, personal data, misleading statements, defamation, or any missing or expired permission, licence, consent or release.

14. Acceptable Use

You agree not to use the Service to:

Host or promote illegal, harmful, defamatory, discriminatory, or misleading content.
Use material that is unlicensed, unlawfully copied, deceptive, or infringes intellectual property, privacy, publicity, image or other rights.
Use a person's name, likeness, testimonial, review or personal data without the authority, consent or lawful basis required for that use.
Distribute malware, spam, or conduct phishing activities.
Attempt to gain unauthorised access to our systems or other users' accounts.
Use the Service in any way that could damage, disable, or impair our infrastructure.

We reserve the right to suspend or terminate your account and website without notice if we reasonably believe you are in breach of these terms.

15. Intellectual Property

The Ourbizz platform, including its design, code, branding, and technology, is owned by us and protected by intellectual property laws. You are granted a limited, non-exclusive licence to use the Service for its intended purpose only.

Website templates and generated designs remain our intellectual property. You are granted a licence to use your generated website for as long as your subscription is active.

This section does not give Ourbizz or you ownership of third-party material, and no ownership of AI-generated material is promised where the law does not recognise or clearly allocate such ownership. Your right to use any such material remains subject to applicable law and any third-party rights or licence terms.

16. Termination

We may suspend or terminate your access to the Service at any time for breach of these Terms, non-payment, or for any other reason at our sole discretion, with or without notice.
Upon termination, your website will be taken offline and your data may be deleted after 30 days.
Sections of these Terms that by their nature should survive termination shall survive (including liability limitations, indemnification, and intellectual property provisions).

17. Force Majeure

We shall not be liable for any failure or delay in performance resulting from events beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, power failures, cyberattacks, pandemics, or failures of third-party services.

18. Referral Programme

Ourbizz may offer a referral programme ("Referral Programme") that allows eligible users to earn a referral fee by referring new paying customers to the Service. The following terms apply to the Referral Programme:

Eligibility: The Referral Programme is open only to registered Ourbizz users who have opted in via their dashboard and agreed to these Terms. We reserve the right to refuse or revoke participation at our sole discretion.
Referral Fee: A referral fee of £40 is earned when a referred user signs up using your unique referral link and subsequently becomes a paying subscriber (i.e. their website goes live with an active paid subscription), or when a referred user pays for a website they have claimed that is linked to your referral.
Payout: Referral fees are calculated and paid once per calendar month. Payments are made to your nominated bank account, donated to your chosen registered charity, or split 50/50 between both, as specified in your referral preferences. You are responsible for providing accurate and up-to-date payout details.
Tax Responsibility: You are solely responsible for any tax obligations arising from referral fee income. We do not deduct tax at source and do not provide tax advice. You should consult your own tax adviser regarding any reporting or payment obligations.
Prohibited Conduct: You must not engage in any fraudulent, misleading, or spammy activity to generate referrals. This includes but is not limited to: creating fake accounts, using paid advertising that misrepresents Ourbizz, spamming social media or messaging platforms, or offering cash incentives to sign-up beyond what we provide. We reserve the right to disqualify referrals and withhold payment if we suspect abuse.
Self-Referral: Referring yourself or accounts controlled by you, your household members, or close associates with the primary purpose of earning a referral fee is not permitted.
Verification: We reserve the right to verify the legitimacy of any referral before payment. Referral fees will only be paid for genuine, arm's-length referrals that result in bona fide paying customers.
No Guarantee: The Referral Programme is provided as a benefit and does not constitute an employment, partnership, or agency relationship between you and Ourbizz.
Changes & Termination: We reserve the right to modify, suspend, or discontinue the Referral Programme - including changing the referral fee amount, payout frequency, or eligibility criteria - at any time and without prior notice. Any referral fees already earned and verified before such changes will still be honoured, but no further fees will accrue under modified or discontinued terms unless expressly stated.
Removal of Participants: We may remove any user from the Referral Programme at our sole discretion, with or without cause, and with or without notice. Upon removal, any unpaid but verified referral fees will still be paid, but no further referrals from that user will be tracked or compensated.
Data: Referral activity data (including referral codes, referred users, and conversion status) is processed in accordance with our Privacy Policy. Bank account and charity details provided for payout purposes are stored securely and used solely for processing referral payments.

19. Modifications to Terms

We reserve the right to update these Terms at any time. Material changes will be communicated via email or a prominent notice on the Service. Continued use after such changes constitutes acceptance.

20. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

21. Contact

If you have questions about these Terms, please contact us at hello@ourbizz.com.