Photomemory.net - Terms and Conditions
The following Terms and Conditions will govern any Contract of Sale that Photomemory enters into. Please read carefully.
Payment Policy - Invoices will be issued electronically once per month and payment will be expected within 14 days. For the Pay-As-You-Go Service we retain the right not to accept any further orders should an invoice be outstanding for more than 30 days from invoice date. We will remove all albums if an invoice is outstanding for more than 60 days. The DIY Service is a pre-pay service and therefore payments must be made before the start of each new payment period. Failure to do this will result in the service being automatically suspended until payment is received.
Payment Method - Payments for all work must be made by either Electronic Transfer (details are at the base of each invoice), Credit Card (follow the "PAY NOW" button on your control panel), PAYPAL (again follow the "PAY NOW" button) or telephone Credit Card (call 0845 868 2739 and we'll do the rest). We do NOT accept Cheques.
Cancellation Rights - Either of us shall have the right to terminate any contract between us without reason or penalty within 7 working days from the date of the initial set up. In the event of termination we shall refund to you all sums paid by you to us within 30 days from the date of cancellation. Both services have a minimum contract period of 12 months. Photomemory guarantees to provide a service for a minimum of 12 months from the commitment date. If termination is made by Photomemory prior to the 12 months, Photomemory will refund a pro-rata amount of the original set up costs. After the initial 12 months, termination maybe made by either party without penalty by giving 3 months written notice.
Domain Name Ownership - Domain names purchased and paid for by Photomemory customers or transferred to Photomemory by a customer, belong to the customer, and may be transferred away to another registrar at any time for a token cost of £10 providing there are no outstanding unpaid Photomemory invoices.
Refusal - We do NOT accept any material that we deem is offensive. We retain the right to refuse any customers order.
Copyright - If the photographs you are submitting were not taken by yourself then it is your responsibility to obtain formal written authorisation from the copyright owner.
Full Website Design - If you have ordered a full website design and construction then additional terms and conditions apply. These can be seen by clicking.
DIY Template Website Design - If you using one of our Template Website Designs we may show this on our website as Marketing Information for others to see. If you do not want us to do this you must send a specific e-mail to firstname.lastname@example.org asking that your website(s) are excluded.
Free and none paid for Services - Accounts that are not utilised for 90 days will automatically be removed. All services that are complimentary and not paid for may be removed by Photomemory without prior warning, at any time.
Fair Usage Policy - Our fair usage policy may be imposed when the upload/display image quantity exceeds 100,000 images or more than 400 Albums in a rolling year.
Availability - Every effort is made to keep the website online and working correctly. However, Photomemory takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to issues beyond our control.
Complaints - The Contract between us shall be governed by the laws of England and any dispute will be resolved exclusively in the courts of England. We operate a complaints handing procedure which we will use to try to resolve disputes when they first arise. If you have a complaint contact us by clicking Here.
Enforcement - Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions.
Indemnification - All Photomemory customers agree that they shall defend, indemnify, save and hold Photomemory harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Photomemory, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Affiliated members agree to defend, indemnify and hold harmless Photomemory against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Photomemory services (2) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Photomemory server ; (5) Any damage caused by computer viruses not identified and intercepted by our software.
Force Majeure - The Company shall not be liable in respect of any shortage or failure to supply goods where such shortage of or failure is due to act of God or any other reason beyond the control of the Company and the Company in such circumstances will not be liable in respect of any consequential loss to the Purchaser.
Statutory Rights - These terms and conditions do not affect your statutory rights.
Terms and Conditions Changes - These Terms and Conditions are subject to change at any time without prior notice to you. They were last changed on 15th July 2014. We advise you to print and keep safe a copy of these Terms and Conditions.