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Dropshipping Website Terms and Conditions

Self Trading ltd T/A YBIS (the Company) only does business upon and subject to the terms and conditions printed below.

Self Trading Ltd trading as YBIS is a limited liability company registered in England and Wales. registered number: 4343360 Registered office: 2 Mountview Court, 310 Friern Lane, Whetstone, London,. N20 0YZ.

TERMS AND CONDITIONS

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DEFINITIONS

The following terms and conditions document is a legal agreement between Ybis hereafter ‘Ybis’ or 'developer' or ‘us’ or ‘we’ refers to the owner of the website whose registered office is: 2 Mountview Close, 310 Friern Barnet Lane, Whetstone, London, N20 0YZ, registration number is 4343360 and covers England and Wales.
The term ‘user’ refers to the user or viewer of our website (you).
The term 'client' refers to a user or viewer of the website who may be in the process of or has in the past contracted us to complete work on their behalf.

USE OF THE WEBSITE

Welcome to the Ybis website. If as a user or client you choose to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use for the website, which together with our privacy policy govern Ybis' relationship with you in relation to the use of this website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trade marks, company names or websites reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

ACCEPTANCE OF WORK

Written quotations are valid for 7 days from date of issue.

When the Client places an order to purchase a web site, template or web site update from us the developer, the order represents an offer to developer to purchase the web site, template or web site update which is accepted by us only when the invoice is sent to the client and we have received full payment. A deposit of 50% of the invoice amount is required before work will begin. No contract for the supply of services exists between client and Ybis until Ybis receives the balance payment of the invoice amount from the client. Receipt of the invoice equals acceptance by us (or third party supplier) of the clients offer to purchase services from Ybis and this acceptance of work is a valid contract between client and Ybis. We reserve the right to not accept the deposit if we do not wish to enter into a contract for whatever reason.

Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.

When the Client places an order to purchase hosting from us the developer the hosting shall be invoiced monthly and 11 of the monthly payments must be paid by direct debit, the order represents an offer to Ybis to host the clients web site, which is accepted by us only when the second months payment is collected by direct debit from the client the first months payment shall be paid by card, cash or cheque. Hosting will not begin until the first payment has been received and will be terminated immediately if payment lapses within the hosting period. At the end of the hosting period the client will automatically enter into a new hosting contract unless they terminate the contract in writing 28 days prior to the anniversary of the original agreement.

Ybis reserves the right to withdraw from a supply of services contract or supply of hosting contact or any other contract existing between client and ybis at any time. The company shall issue notice of such action in writing.

PAYMENT

Cancellations, Refunds and Cooling Off Period

Concerning all purchases over the phone or online made on www.ybis.co.uk of any service, product or website the purchaser has 7 days from the date of the payment of deposit, full payment or signed agreement (whichever occurred first) to cancel their purchase and receive a full refund for monies paid. This shall be known as the cooling off period, Cancellations must be made in writing to info@ybis.co.uk strictly within 7 days of the initial payment and if the customer cancels after this period the customer forfeits all monies paid to date and Ybis reserves the right to take action to recover any costs for works completed up to the date and time the cancellation request is received by Ybis.

Prices on the website are quoted including VAT and are subject to Ybis providing the exclusive hosting of any works undertaken.

A non-refundable deposit of 50% is required with all bespoke projects before any work of any description will be carried out. Any and all deposits are non-returnable and non-refundable except if cancelled within 7 days as outlined below.

Delivery Policy

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptins to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.

Upon receipt of the cleared balance of the funds the passwords and user names to access your website and associated accounts will be sent to you by email within 24 hours.

COMPLETION & HANDOVER OF WEBSITE

Where a period is named for completion and such period is not extended by mutual consent in writing the Purchaser shall take delivery within that period.

The Company cannot be held liable for any handover of Website & Training that is scheduled and the Company does not achieve the schedule due to delays beyond our control to include but not limited to the Purchaser not making required payments within the agreed schedule, the Purchaser not providing required details, payment processing delays or delays caused by the wholesaler or supplier of physical stock or services or any other third party we may rely on in order to complete.

Training videos and other training materials are handed over upon final completion of the website when all outstanding amounts have been paid, these videos are supplied by third parties selected by Ybis.

4. TITLE & POSSESION Title to and possession of:

1. Website(s) shall remain the property of the Company and shall not pass to the Purchaser until Completion has taken place. It is agreed that prior to completion Website(s) have been serviced by the Company and the parties agree that the website is in good working order – unless agreed otherwise in writing prior to signing of this Agreement.
2. Upon Completion the Company shall supply by electronic mail the Purchaser with all passwords and usernames to the accounts associated with the Website(s). Additional user names and passwords for third party website accounts associated with your website may be requested.
3. Revenue achieved by the Website prior to and until Completion remains the property of the Company and shall not pass to the Purchaser.
4. Purchaser to be contracted with the seller for hosting for a minimum of a 12 month period to include any free or discounted period.
5. In order for the Company to facilitate a change of host if required at the end of this 12 month period or any time thereafter a fee of £250 must be paid to cover costs incurred, this fee to be paid to the Company and only covers the cost to prepare the website for transfer and give the Purchaser or any third party as authorised by them access to the core store files and does not cover new hosting fee’s, transfer fees, installation fee’s on the new server or any other fee’s the purchaser may incur for the completion of the transfer.
6. In the event that the Purchaser purchases Stock for the Website(s) from the Company.

a) All monies owed to the Company by the Purchaser are paid in full and not in arrears, Should the Purchaser fail to pay all monies owed to the Company; the Company reserves its right to disable the website until outstanding monies are paid. The Company will not be held liable for any loss of profit cancelations on order, reputation or loss of position on Google or any other media, or other detrimental affect caused by the outage.
b) Following Completion the Purchaser shall have the sole responsibility for the ordering of stock through us the Company, or any other third party they choose.
c) Any entitlements or obligations of the Purchaser shall not be assigned to a third party by the Purchaser without the written consent of the Company (such consent not to be withheld or delayed by the Company unreasonably or without justifiable cause).
d) It is agreed between the Company and the Purchaser that failure to comply with any of the Company’s Terms & Conditions of Sale may at the sole discretion of the Company result in the Purchaser having to remove their Website(s).
e) The Purchase Agreement and these Terms and Conditions and any Additional Contract signed by both parties form the entire Agreement for all terms of dealing.

7. Self Trading Ltd T/A YBIS and/or its directors, assumes no responsibility or liability for any information provided within the Business Opportunity Presentation, any Company Literature and/or any other associated material, nor make any guarantees, or warranties, express or implied, with respect to the Presentation, Company Literature and/or any other associated material unless outlined within the Terms & Conditions of Sale.
8. Self Trading Ltd T/A YBIS states that all figures used within the Business Opportunity presentation, Company literature and any other associated material (verbal or otherwise) is to be used for illustrative purposes ONLY and is never a guarantee of what any websites would take.
9. The Purchaser agrees that no undue pressure or influence was placed upon them to enter into the contract.
10. Should the Purchaser feel that any representations have been made which they require clarification thereon; the Purchaser must raised these issues in writing prior to signing this document. For the avoidance of doubt the Company would emphasise that this Purchase Agreement, Terms and Conditions and any Additional Operator Contract signed by both parties form the ENTIRE agreement for all terms of dealings.

DOMAIN NAMES AND HOSTING

The prices quoted on the website (www.ybis.co.uk) apply only if the clients work is hosted by Ybis, should you wish to arrange your own hosting solution or other third party service you are required to notify Ybis before commencement of works and additional charges as outlined in section “BUY OUT CLAUSE” will apply. Should the client fail to notify Ybis before the commencement of work the full cost of 12 months hosting will still be owed.

Where the hosting and/or email and/or domain name or other service is provided by Ybis we accept no liability for any loss of service, unavailability of files, damage to data, misuse of equipment by third parties, failure of any externally managed equipment or communications devices or other unforeseen circumstances. We categorically offer no guarantee of future uptime and can only inform clients of our record to date.

Ybis will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by it or its agents. no guarantees can be made as to the availability or interruption of this service by Ybis.

Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless Ybis from any claim resulting from the client's publication of material and use of the domain name, hosting and email services. Any support or payment due relating to third party supply of domain name, hosting and email services are to be made between the client and the third party service.

Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which Ybis requires to upload the web site if required as part of a project. It is the clients responsibility to ensure that their third part services meet their specific requirements and needs.

Ybis reserves the right without notice to refuse work with third party domain names or hosting and email services without reason for such rejection or refusal.

WEBSITE DESIGN

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Ybis cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. Scripts, formatting and applications are guaranteed to work or appear correctly only upon handover and it is the clients responsibility to proof the delivered work and notify Ybis of any errors or omissions with 28 days of the invoice for the balance of payment being raised. After this period corrections will be charged at our standard rate and considered a 'new' contract.

The website, graphics and any programming code remain the property of Ybis until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Ybis remain the copyright of Ybis and may only be commercially reproduced or resold with the permission of Ybis.

OWNERSHIP

The title to the domain name, data, scripts and all other associated media excluding the clients supplied images text and trading name belong to Ybis until such time as the client has completed the purchase of the website or bought out of the contract in the terms laid out in the “BUY OUT” section or has agreement from Ybis to the contrary whichever is the soonest.

DROP SHIPPING

Where the client has purchased a website and entered into an agreement with Ybis (the developer) to also supply goods by way of drop shipping product/s the client agrees not to contact the wholesalers, suppliers or importers of Ybis without the express written consent and approval of Ybis. Failure to adhere to this condition will result in Ybis terminating any dropshipping agreement immediately and without warning.

BUY OUT

The client may opt to at any time move their website and domain name from us to another service provider of their choice, this will be up to them to organise and fund with the third party of their choice, the website will be supplied simply as the raw files as stored on the Ybis FTP server and no guarantee or warranty will be offered or implied that the clients media shall work as intended on third party equipment. The transfer from our server to clients server is to be handled by the client or their nominated agent. Ybis can conduct this transfer at an additional charge to be agreed and paid before works completes.

It shall be the clients responsibility to ensure their hosting fees are paid up to date before Ybis release the files and that they cancel their direct debit with their bank directly. We will not be responsible for additional payments made if the client has failed to cancel the payments.

The buy out fee to take possession of the clients domain name and website/media will be calculated at 25% of the total development spend of the website since inception plus 3 months of the full monthly rate (not including any free or promotional offer prices) for whichever plan the website is hosted upon.

Therefore if a client wishes to host their website themselves from the outset and they purchase the premium package with no extras the fee to do this would be 25% of £799 plus 3 months at £25 (no promo rate applied), Total. £274.75 ex VAT.

COPYRIGHT

Ybis cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of Ybis and where no charge is made by Ybis for such additions, Ybis 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.

The client agrees to make available as soon as is reasonably possible but no later than 8 weeks from the payment of deposit to Ybis all materials required to complete the site to the agreed standard and within the set deadline.

Ybis will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Ybis will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. e.g. Any disputes re content/images that have been provided to us for inclusion on the site.

OPTIMISATION

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.

Ybis reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

PRIVACY

Ybis operates a closed policy on publicity and distribution of information and will not at any time divulge your name, address, telephone number, account details or electronic mail address to any non-legal third party and will only divulge your information to any legal establishment where it is deemed to be in the best interests and operation of the company.

We do however reserve the right to use images and links to any website we create and associated domain name on our commercial website or literature and any of our subsidiaries.

CHANGES TO TERMS

Ybis at all times reserves the right to change the terms and conditions set out herein this document without prior written notice to any of its clients and any subsequent changes will become applicable immediately. No claims will be entered into which may not have been applicable in previous revisions of this document which are subsequently made provision for. Any claims by any client will only be acceptable on grounds outside the current revision of this document. The Company will at all times where reasonably possible make available for viewing its terms and conditions through its corporate website.

Buy Back Guarantee

The buy back garauntee runs from 14/03/2011 to 15/04/2011, any purchase of an off the shelf website qualifies for the buy back scheme if bought during the defined period. Without exception no bespoke website or bespoke element of a website sold shall qualify for the buy back garauntee.

On e-commerce pre built packages we offer a buy back guarantee if you haven’t turned over the initial purchase cost of the website within the first year (this would be a 12 month period from the date of purchase).

In order to qualify for the buy back guarantee you must adhere to all of the training and information YBIS supply and follow all steps to generate 250 or more visitors a day to the website, If you don’t make the purchase cost back of the website with 250 visitors a day we will buy back the website for the cost you brought it for.

We would need proof of turnover (income your website generates) as the claim would only be valid if you were not able to generate the initial purchase of the website this would exclude add ons, maintenance and hosting.

Once claim has been made for buy back we would require 52 reports (1 report for each week) to show evidence you have followed the marketing steps of our SEO software.

If these reports cannot be provided your claim is null and void.

Buy Back is forfeited if any bespoke work or customised modules have been implemented on the website.

We cannot take responsibility if your customer cancels due to the package or delivery not meeting the time frame specified by us.

WEBSITES SELLING BACI LINGERIE

Buyers of websites selling Baci Lingerie must adhere to the following terms of sale:

Baci Lingerie is not permitted to be sold on any auction website of any type, including but not limited to Ebay or Amazon Marketplace.

Baci Lingerie is not to be sold out of the UK, sellers only have the right of supply within the UK.

Images, videos and logos of Baci Lingerie are not to be used on/in any offline or online media without prior written consent of Ybis.

COMPLAINT PROCEDURE

In the unlikely even you have a formal complaint that we have not met our legal obligation as set out by this agreement please send written complaints to: info@ybis.co.uk

We will respond in writing to such correspondence within 28 days with a full and considered reply.

DISCLAMERS, RESTRICTIONS & LIMITATIONS

1 Every effort is made to ensure that the information on the Company’s web sites is accurate, but the Company accepts no liability for any errors on the site.
2 This agreement does not designate the Purchaser to be the agent, partner or legal representative of the Company for any purpose whatsoever, and the business conducted by the Purchaser pursuant to the Purchaser agreement with third parties shall be wholly at the Purchasers own risk.
3 The Purchaser is not granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf or in the name of the Company in the name of the Company or to bind the Company in any name whatsoever except those expressly stated by these terms and conditions.
4 The Purchaser agrees to indemnify and hold the Company harmless for any legal actions or costs incurred as a result of any misrepresentations by the Purchaser or any other violations of these terms and conditions. The Purchaser shall indemnify and hold the Company harmless from and against any and all liability, damage, loss, cost or expense arising out of or resulting from any claims made or legal actions brought against the Company or the Purchaser, which arise out of or result from the Purchasers negligent act or omission in the marketing and selling of the products and/or breach of the drop ship agreement, including but not limited to, its failure to comply with all laws, regulations, rules, ordinances and statutes.
5 The Company make no guarantee that lines will be continually available and can be supplied to the Purchaser.

DUE DILIGENCE

No information given verbally or in written form whether communicated by post or by email by the YBIS should be construed to be advise, no information given by whatever means is intended to provide specific legal, financial, business or tax advice, or any other advice whatsoever and the information given should not be relied upon in any way. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals before acting on this of any information given by YBIS. You may not consider any examples, documents or other content provided by YBIS, its owners, directors, employees or third parties to be the equivalent of professional advice. Further-more any and all purchasers agree they have agreed to purchase the website under no duress or pressure and have done so of their own free will.

Purchasers recognise and agree that YBIS its subsidiaries, owners, directors and employees have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about past or present earnings or the future prospects or earnings, or that you will earn any money, with respect to your purchase of any website and/or business and that no such future projections or guarantees could ever be made since they rely on many factors. There is no assurance you will do as well as YBIS with any project you embark upon and If you rely upon any figures provided, you must accept the entire risk of not doing as well. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are transferable to cash or not).

DISPUTES

At all times in any disputes, the company's decision is final and will not be subject to outside adjudication by other parties.

LAW

These terms and conditions are formed under the laws of England and Wales and any legal claim shall be made in a court or via the legal system of the United Kingdom (England & Wales).