Terms of Supply of Digital Content
These are the terms on which we supply our digital products and services to you.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us using the contact details provided below to discuss.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once a download has started provided you have been told this and have acknowledged this.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality;
- if your digital content is faulty, you’re entitled to a repair or a replacement;
- if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back;
- if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk.
The information in this summary box summarises some of your key rights. It is not intended to replace the terms below which you should read carefully.
Important information on downloading costs and ‘bill shock’:
When you buy your digital content it may download automatically onto your computer or device. Please check the file size of your digital content carefully as using too much data might mean that you exceed your data limit and you could face paying more than you were expecting. We will not be responsible for any additional charges you incur as a result of the download of the content.
These terms set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In these terms:
- ‘We’, ‘us’ or ‘our’ means Websmyth Limited; and
- ‘You’ or ‘your’ means the person buying digital content from us.
If you don’t understand any aspects of these terms and want to talk to us about it, you can contact us in the following ways:
- via email at firstname.lastname@example.org; or
- via telephone at +44 757 8431063; or
- via our website at https://websmyth.co/contact/
Who are we?
We are registered in England and Wales under company number 12035691. Our registered office is at 85 Great Portland Street, First Floor, London, W1W 7LT, United Kingdom.
1.1 If you buy digital content from us you agree to be legally bound by these terms.
1.2 These terms are only available in English. No other languages will apply to these terms.
1.3 When buying any digital content you also agree to be legally bound by:
All of the above documents form part of these terms as though set out in full here.
Information we give you #
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding agreement between you and us is made.
2.2 The key information is set out on the sales page of our website (https://worknotes.co.uk/freelance-pricing-guide) for the digital content you are purchasing as well as in these terms. The key information we give you by law forms part of these terms as though it is set out in full here.
2.3 If we have to change any key information once a legally binding agreement between you and us is made, we can only do this if you agree to it.
Your privacy and personal information #
Ordering digital content from us #
4.1 Below, we set out how a legally binding agreement between you and us is made.
4.2 You place an order for digital content by purchasing the course through our payment provider, Gumroad.
4.3 Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. In any event, before you place your order you must check that the hardware and software requirements of your computer or device mean that you can download the digital content.
4.3.1 When you place your order at the end of the online purchase process (i.e. when you click on the ‘Pay’), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
4.3.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the digital content is unavailable; (b) we cannot authorise your payment; (c) you are not allowed to buy the digital content from us; (d) we are not allowed to sell the digital content to you; or (e) there has been a mistake on the pricing or description of the digital content.
4.3.3 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
(a) a legally binding agreement will be in place between you and us; and (b) the digital content will download automatically.
Right to cancel this agreement #
5.1 You have the right to cancel this agreement within 14 days without giving any reason.
5.2 The cancellation period will expire after 14 days from the day you purchase the digital content.
5.3 To exercise the right to cancel, you must inform us of your decision to cancel this agreement by a clear statement (for example a letter sent by post or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
Great Portland Street
I/We hereby give notice that I/We cancel my/our agreement for the supply of the following service [insert digital content purchased] ordered on [insert date].
[insert name of consumer(s)] [insert address of consumer(s)]
Signature of consumer(s) (only if this form is notified on paper), [insert date]
5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation #
6.1 If you cancel this agreement, we will reimburse to you all payments received from you.
6.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this agreement.
6.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Permission to use the digital content #
7.1 When you buy the digital content and download it, you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this agreement.
7.2 The digital content:
7.2.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws; 7.2.2 is non-exclusive to you. We may supply the same or similar digital content to other users; 7.2.3 may not be:
(a) copied by you except for a reasonable number of necessary back-ups; (b) changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law); (c) combined or merged with, or used in, any other computer program; (d) distributed or sold by you to any third party;
(a) updates; (b) upgrades; (c) new releases; (d) new versions; and
7.2.5 contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
7.3 Except where you have permission to use the digital content under this clause 6, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
8.1 Once you have clicked on the ‘Pay’ button (see clause 4.3.1) and received the Confirmation Email (see clause 4.3.3) you will be given access to the course.
8.2 If something happens which:
8.2.1 is outside of our control; and 8.2.2 affects you being able to download the digital content,
we will let you have a revised time for when you can expect to be able to download the digital content. If your computer or device blocks the automatic download of the digital content or the automatic download does not start, you may still have the right to cancel the agreement (see clause 6 above).
9.1 Our payment processor, Gumroad, accepts debit and credit card payments. We do not accept payment by cash. If you would prefer to be invoiced or require some other payment method, please email email@example.com
9.3 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
9.3.1 Verified by Visa; 9.3.2 Mastercard®SecureCodeTM; or 9.3.3 American Express SafeKey.
9.4 The price of the digital content:
9.4.1 is in pounds sterling (£)(GBP); and 9.4.2 includes VAT at the applicable rate.
Nature of the digital content #
10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the digital content:
10.1.1 is of satisfactory quality; 10.1.2 is fit for purpose; and 10.1.3 matches its description.
10.2 We must provide you with digital content that complies with your legal rights.
10.3 When we supply the digital content:
10.3.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content; 10.3.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and 10.3.3 you acknowledge that there may be minor errors or bugs in it.
Faulty digital content #
11.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of these terms. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
11.1.1 contact us using the contact details at the top of this page; or 11.1.2 visit the Citizens Advice website www.citizensadvice.org.uk.
11.2 Nothing in these terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11.3 Please contact us using the contact details at the top of this page, if you want:
11.3.1 us to repair the digital content; 11.3.2 us to replace the digital content; 11.3.3 a price reduction; or 11.3.4 to reject the digital content and get a refund.
11.4 To avoid faults in the digital content happening, you must:
11.4.1 install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded; 11.4.2 use it only on the recommended third party software and equipment set out in the guide to its use or on our website; and 11.4.3 notify us immediately of any faults you experience with the digital content.
End of the agreement #
If this agreement is ended it will not affect our right to receive any money which you owe to us under this agreement.
Limit on our responsibility to you #
13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
13.1.1 losses that:
(a) were not foreseeable to you and us when the agreement was formed; or (b) that were not caused by any breach on our part;
13.1.2 business losses; and 13.1.3 losses to non-consumers.
Other important terms #
14.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the digital content, our service to you or any other matter, please contact us as soon as possible.
14.2 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
14.2.1 let you know that we cannot settle the dispute with you; and 14.2.2 give you certain information required by law about our alternative dispute resolution provider.
14.3 If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this agreement. The laws of England and Wales will apply to this agreement.
14.4 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the agreement within seven (7) days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.5 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.6 This agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the permission of any other person in order to end the agreement or make any changes to these terms.
14.7 If a court finds part of these terms illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.