Terms & Conditions
Users and customers of Services provided by Physio123 must accept the terms and conditions of business set out below.
The Web Site Design and Build process usual takes between one and three weeks depending on the size and complexity of the website.
Once we have received the content from the client approximate timescales before a design is ready to be approved are;
- PhysioOne Package - 14 days
- PhysioTwo Package - 21 days
- PhysioThree Package - 30 days
Following approval changes are usually completed in 2/3 working days. Once final approval has been given, the website will be uploaded no later than the next working day. Full DNS propagation may take up to 72 hours.
All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorise Physio123 to debit your account renewal fees from your card. Receipts are provided automatically upon payment.
All payments must be in UK Pounds Sterling, unless agreed otherwise.
Monthly payments are accepted by credit / debit cards as well as BACS transfers.
Annual payments are accepted by credit / debit cards, BACS transfers, and cheques.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
The monthly website marketing and hosting fee is charged monthly for the life of your website. Physio123 require 30 day notice period should you wish to terminate your agreement with us to provide your web services.
If an account goes unpaid for and we suspend your services, a £50 reactivation fee will apply should you decide to continue with the Service.
If an account goes unpaid for at least 30 days, the account and its associated services are terminated.
On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
Physio123 takes extreme pride in the products we provide to our clients. If for any reason you are not satisfied with our work, we will rebuild or redesign until you are satisfied. However, due to the electronic and custom nature of our products, no cash refunds can or will be given.
If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation at firstname.lastname@example.org
Refunds are not available for website design, hosting, search engine optimisation, graphic design, or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by Physio123 through other companies.
No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
Delivery of Services
Immediately upon successful payment you will receive an automated receipt from our systems. Please print and retain a copy of this in a safe place for future reference.
Please not that we aim to deliver all goods as per our delivery timings (see above). If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.
All orders are delivered electronically via email, if you have any questions about your order please contact us at email@example.com
Physio123 will respond to all enquiries within 1 working day. Our trading hours are Monday to Friday 9am - 5pm. This excludes public holidays. Normally we respond within hours of receiving your enquiry.
We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method
These Terms of Service and Acceptable Use Policies ("Terms and Policies") are an essential part of your relationship with Physio123. By using your Physio123 account, you agree to all of the Terms and Policies set out in this document.
General Terms and Policies
The Service is provided to authorised persons or organisations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Coverage - If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
Backups - Physio123 carry's out backups on a daily basis, these backups are strictly for our own use in-case of a server failure. Although we will try our best to recover data on a 'per incident' basis at a charge of £15.00.
Grounds for Suspension and Termination - You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Physio123 to suspend or terminate your account. You agree that Physio123 has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
Information We Collect
- Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
- Using the Service to host adult material, whether it is legal or not, we do not support it on our services.
- Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity.
- Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
- Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender's identity or location.
- Excessively using the Service in such a way as to limit the bandwidth available to others.
- Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
- Using the Service to promote or solicit competing Internet services.
- Using the Service for unauthorised relays through any third party systems.
- Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
- Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
- Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s).
- Using the Service to forward or post "letters"iple forwarding) of any type.
- Attempting to cancel, supersede, or otherwise interfere with email other than your own.
- Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
- Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
- Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
- No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Physio123 may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
- Security - You agree not to access or attempt to access private areas of the Service. You agree to notify Physio123 as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
- Intellectual Property - Physio123 does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to firstname.lastname@example.org
- Continuing a specific identification of the allegedly infringing material and the location(s) on Physio123's facilities where the materials are to be found. Upon receipt of such written notice, Physio123 will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Physio123 receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Physio123 will send you a copy of that notification. Unless you notify Physio123 of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.
- Liability - You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Physio123, neither Physio123 nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Physio123 neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Physio123 is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Physio123 equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Physio123 and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
- You agree that, should you use the Service to send or receive voice communications, Physio123 is not acting as a telecommunications carrier or telephone company, that there is no representation made by Physio123 as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Physio123 has no liability of any sort for the failure or lack of quality of such use of the Service.
- You agree to be liable for any damages or loss of service which results in damages to Physio123 as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Physio123 may pursue any such claims against you in Court.
- You agree that in no event will Physio123 have financial liability to you.
- Warranty - PHYSIO123 HOSTING MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD PHYSIO123 ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY PHYSIO123 OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
- THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY PHYSIO123 ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; PHYSIO123 DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. PHYSIO123 DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
- Content - You understand and agree that information and access available through the Service may not include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Physio123 has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
- Privacy - Physio123 will not provide names, addresses, telephone numbers, email addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service.
- Disputes - You agree that any dispute between you and Physio123 arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Physio123 will be submitted by the aggrieved party for binding arbitration under the auspices of the English law.
- Governing Law - These Terms and Policies are governed in all respects under English laws.
In operating our website we may collect and process the following data about you:
- Details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data.
- Information that you provide by filling in forms on our website, such as when you registered for information or make a purchase.
- Information provided to us when you communicate with us for any reason.
We may on occasion gather information regarding your computer whilst you are on our website. This enables us to improve our services and to provide statistical information regarding the use of our website to our advertisers where appropriate.
Such information will not identify you personally it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.
Similarly to the above, we may gather information about your general internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computer's hard drive. They help us to improve our website and the service that we provide to you.
All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website.
Use of Your Information
The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:
- To provide you with information requested from us, relating to our products or services. To provide information on other products which we feel may be of interest to you, where you have consented to receive such information.
- To meet our contractual commitments to you.
- To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service.
If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you. Further, we may use your data, or permit selected third parties to use your data, so that you can be provided with information about unrelated goods and services which we consider may be of interest to you. We or they may contact you about these goods and services by any of the methods that you consented at the time your information was collected.
If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and only by those means you provided consent for. If you do not want us to use your data for our or third parties you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.
Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors.
Storing Your Personal Data
Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety.
The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.
Disclosing Your Information
Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any).
We may also disclose your personal information to third parties:
Third Party Links
- Where we sell any or all of our business and/or our assets to a third party.
- Where we are legally required to disclose your information.
- To assist fraud protection and minimise credit risk.
You mind find links to third party websites on our website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
Access To Information
The Data Protection Act 1998 gives you the right to access the information that we hold about you. Please note that any demand for access may be subject to payment of a fee of £10 which covers our costs in providing you with the information requested. Should you wish to receive details that we hold about you please contact us at email@example.com
This privacy statement discloses the privacy practices for http://www.physio123.co.nz. It applies solely to this website.
Email address collection and use
This site collects member email addresses as part of the signup process. Physio123 may also use these email addresses to invite members to receive future email communications, but will give members the option of opting out of receiving these emails when the invitation is first made. Physio123 will not use these email addresses for other purposes or pass them on to third parties.
This website contains links to other sites. Please be aware that www.physio123.co.nz is not responsible for the privacy practices of other websites. We encourage our users to be aware when they leave our site and to read the privacy statements of other websites.
Notification of changes