Terms & Conditions

ADULT CREATIVE TERMS AND CONDITIONS

  1. About us

We are APWW Limited (trading as Adult Creative), a company registered in England and Wales under company number: 7403553. Our registered office is at: 67 Sankey Street, Warrington, England, WA1 1SL.

  1. How to contact us

You can contact us by sending an email to [email protected] or calling us on +44(0)3301131888.

  1. These terms
  • These terms apply to any purchase of services you make from us along with any other agreement that you may enter into with us (Services Agreement) into which these terms are incorporated. Please read these terms carefully before you place any orders with us, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.
  • For the purposes of these terms, you are a ‘business’ as you are buying services from us for purposes relating to your trade, business, craft or profession. If you are accessing this site as a consumer, please do not use our site or try to order services.
  • Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Adult Creative, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.
  • You must be at least 18 years old and a resident of the UK to place an order with us. You confirm that you have the requisite authority to place such order for and on behalf of the business you represent.
  • We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a
    revision is material we will try to provide at least 30 days’ notice prior to any new terms taking
    effect. What constitutes a material change will be determined at our sole discretion.
  • Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
  1. Orders
  • Please check your order carefully and correct any errors before you submit it to us.
  • After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy services from us on these terms.
  • Acceptance of your order by us takes place when we send you an order confirmation email, at which point the legally binding Contract is formed between you and us on these terms (and those of a Services Agreement where applicable) (Contract).
  • If we do not accept your order, for example because we are unable to take payment, the services are unavailable, you are under 18, or there has been a mistake regarding the pricing or description of the services, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
  1. Availability
  • All orders are subject to availability. We cannot guarantee that any service will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain services. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a refund of any advance payments made by you for any services that have not yet been provided.
  1. Making changes to your order
  • If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order (charges may apply).
  1. Providing services
  • Descriptions of our services are set out on our site.
  • We will provide the services at the time(s) and on the date(s) selected by you or within the period agreed with you during the order process.
  • For services provided over a period of time, any completion dates stated during the order process, or in your acknowledgment or confirmation emails, are estimates and time shall not be considered to be of the essence.
  • We will do all that we reasonably can to provide the services at the time(s) and date(s) or within the period agreed with you. If there might be a delay before we can start or restart the services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, staff shortages caused by an epidemic or pandemic).
  • Where a delay is caused by circumstances beyond our reasonable control, we will usually try to start or restart the services as soon as the issue causing the delay has been resolved. If the services are delayed by more than 3 months, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order and get a refund of any advance payments made by you for any services that have not yet been provided.
  • We are not liable to you for any losses you incur where the services are delayed or cannot be performed because you fail to prepare the infrastructure needed by us to implement the services, or fail to provide us with adequate instructions or information to allow us to perform the services.
  • You confirm that you are purchasing the services for the purposes of your named business only and not for or on behalf of any third party.
  • Our bespoke CMS and all of our websites are built using the latest web technologies and 100% compliant with W3C validation. Any website that we produce falls under our creative commerce and at no stage are shown or given out. At no point after purchase of your site can the Adult Creative company credit be removed from the footer of the website without agreement from management.

Bespoke Website Services

  • A comprehensive brief must be given in respect of all bespoke websites before the design can be completed by us.
  • Once we approve your design, we build all sites on our development server and we will send a link to your site via email.
  • Where you purchase a bespoke escort agency website from us, you are purchasing the front end files of the website only. The Content Management System (CMS) belongs to Adult Creative and your site is used under licence on our CMS.
  • Once you launch the website as live on the Internet, we have discharged our responsibilities under the Contract and the services are deemed accepted by you. Consequently, any changes requested after the site has gone live will be charged unless stated otherwise by us.

Hosting

  • As a rule, should you wish to transfer the hosting for your Adult Creative escort designed website, the CMS files will not be shared with you as CMS is a licensed product on our servers. Therefore, if you wish to host any website designed by Adult Creative yourself, you will require prior written permission from us to do so.
  • Any other bespoke platforms where we develop your own personal bespoke cms, you will have the rights to this code and will be able to host wherever you would like.
  • We never share server access to our websites as part of the services. Any changes required can be implemented by us. If you host any Adult Creative website yourself and duplicate or copy any of our CMS without permission, then we will be forced to pursue available legal remedies against you.
  • Termination of hosting services is subject to the provisions of Clause 10.4.

Template Websites

  • If you wish to purchase an Adult Creative template website with hosting, you agree to enter the Contract with an initial term of 12 months, billable each month on the date you purchased the template website and subject to the termination provisions in Clause 10.3.
  • Where you purchase a template  website from us, you are purchasing the front end files of the website only. The Content Management System (CMS) belongs to Adult Creative and your site is used under licence on our CMS.

Search Engine Optimisation (SEO)

  • Once you engage us for SEO services, the Contract shall commence immediately upon receipt of payment for the first month, Each subsequent payment shall be requested on the same day
  • We offer no offer guarantee of results from the SEO services.
  1. Prices
    1. Prices for our services are set out on our site. All prices are in pounds sterling (£)(GBP) and exclude VAT at the applicable rate.
    2. Prices for our services may change at any time. Except as set out in clause 8.3 below, such changes will not affect existing orders.
    3. If there has been an error regarding the pricing of any of our services and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
  2. Payment
  • We accept payment via BACS transfer to the bank account nominated by us to you in our invoice.
  • We require an advance non-refundable deposit payment prior to the commencement of any web design services.
  • We will invoice you for the remaining amount after we have completed each stage of the services in accordance with the Contract. Your invoice will be sent to the email address you provided when you placed your order and must be paid by you within 14 days of receipt.
  • If your payment is not received by us when due, we may charge interest on any balance outstanding at the rate of 8 percentage points per year above Barclays Bank plc’s base rate. If payment remains outstanding after 30 days, we reserve the right to retake any websites or assets provided to you in order to clear any outstanding debts and/or pursue available legal remedies.
  • Where we design a website for you, all payments must be received in full before we will allow the website to go live. Once your final payment has cleared, we will upload and launch your website on our fully managed server.

3. Cancellation and termination 

  • As you are purchasing services on behalf of a business, you have no statutory cancellation rights and you cannot cancel any services that have already been provided whether or not they have been paid for by you or reclaim any non-refundable deposits.
  • Where you are receiving subscription services for search engine optimisation, you may cancel these services by providing 1 months’ written notice of your intention to terminate to [email protected].
  • Where you have engaged us to supply a template website on a 12 month Contract, should you wish to terminate your Contract early you will be required to pay the remaining value of the Contract in full. In order to cancel after the first year without incurring any extra liability, you may cancel these services by providing 1 months’ written notice of your intention to terminate to [email protected] prior to the anniversary of the Contract upon which date it shall terminate.
  • Where you are receiving hosting services for an Adult Creative website, you may cancel these services by providing 7 days’ written notice of your intention to terminate to [email protected].
  • Where you have engaged us to provide SEO services, you may cancel these services by providing 30 days’ written notice of your intention to terminate to [email protected]. You subscription will terminate at the end of your next monthly billing cycle.
  1. Faulty services
  • We warrant that the services will be:
  • performed with reasonable care and skill within the meaning of section 13 of the Sale of Goods and Services Act 1982; and
  • free from material defects at the time the services are completed.
  • As your sole and exclusive remedy, we will (at our option) remedy or re-perform or refund any services that do not comply with clause 12.1, provided that:
  • you notify us by email within 7 calendar days from the date that the services are completed; and
  • you provide us with sufficient information as to the nature and extent of the defects.
  • Except as set out in this clause 12, we give no warranties and make no representations in relation to the services, and all warranties and conditions (including the conditions implied by sections 12–16 of the Supply of Goods and Services Act 1982 and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
  1. Events beyond our control
  • We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
  1. Our liability
  • Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the services.
  • We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
  • consequential, indirect or special losses; or
  • any of the following (whether direct or indirect):
  • loss of profit;
  • loss of opportunity;
  • loss of savings, discount or rebate (whether actual or anticipated); or
  • harm to reputation or loss of goodwill.
  • Nothing in these terms will limit or exclude our liability for:
  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation; or
  • any other losses which cannot be excluded or limited by law.
  1. Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here https://adultcreative.co.uk/privacy-policy/, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

  1. No third party rights

No one other than us or you has any right to enforce any of these terms.

  1. Complaints
    1. If you are unhappy with us or the services we have provided to you, please contact us at [email protected].
  2. Governing law and jurisdiction
  • If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
  1. General terms
  • You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
  • If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
  • If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
  • Any variation to these terms will not be binding unless expressly agreed in writing between you and us.
  • You and we both agree that these terms (and any Services Agreement where applicable) constitute the entire agreement between you and us in relation to the services. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.