These Terms are binding on any use of the Service and apply to You from the time that Garage Website Online provided You with access to the Service.
By registering to use the Service, you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
These Terms were last updated on 28 November 2021.
“Access Fee” means the monthly or annual fee payable by You in accordance with the fee schedule set out on the Website (which Garage Website Online may change from time to time on notice to You).
“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
“Data” means any data inputted by You or with Your authority into the Website or User Website.
“Intellectual Property Right” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“Service” all services offered through the Garage Website Online website (as may be changed or updated from time to time by Garage Website Online).
“Website” means the Internet site at the domain www.garagewebsite.online or any other site operated by Garage Website Online.
“User Platform“, “User Content” or “User Website” means online and mobile websites, their respective content, and platforms created by “User”.
“Site Administrators” means both the Subscriber and Super User(s).
“Subscriber” means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
“You” or “User” means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.
In order to access and use certain sections and features of the Garage Website Online Services, you must first register and create an account with Garage Website Online (“User Account“).
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Garage Website Online Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
You must provide accurate and complete information when registering your User Account and using the Garage Website Online Services, to which you are the sole and exclusive rights’ holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business licence) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
1. Garage Website Online will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Garage Website Online Service, as the person or entity who has access to the e-mail address then listed in Garage Website Online’s records for such User Account under which such User Platform or User Content was created.
2. If any Paid Services were purchased via a User Account, Garage Website Online will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on Garage Website Online’s database, Garage Website Online will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. If an individual and an organization are both registered as the registrant or the registrant organization of such domain, Garage Website Online will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In the event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, Garage Website Online shall consider the person registered as the owner of the domain connected to the Garage Website Online Account as the owner of the User Platform.
3. Notwithstanding the forgoing, Garage Website Online shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in the event Garage Website Online deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Garage Website Online.
Garage Website Online grants You the right to access and use the Service via the Website and Apps with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You may not access the Service if you are a direct competitor of Garage Website Online, except with Garage Website Online’s prior written consent. In addition, you may not access the Website or Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You acknowledge and agree that, subject to any applicable written agreement between the Site Administrator and the Invited Users, or any other applicable laws:
1. the Site Administrator determines who is an Invited User and what level of user role access to the relevant organization and Service that Invited User has;
2. the Site Administrator is responsible for all Invited Users’ use of the Service;
3. the Site Administrator controls each Invited User’s level of access to the relevant organization and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
4. if there is any dispute between a Site Administrator and an Invited User regarding access to any organization or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
Garage Website Online endeavours to ensure the best possible availability of the Garage Website Online Services. The Garage Website Online user acknowledges however, that for technical reasons as well as due to the Service Provider’s dependence on external factors, (e.g. unavailability of telecommunications networks, electricity outages, hardware and/or software failure etc.), the uninterrupted availability of individual Garage Website Online sites cannot be guaranteed. The Garage Website Online user can therefore not assert a claim for continual access to the Garage Website Online sites. Access restrictions of a temporary nature shall not constitute grounds for warranty claims nor a right to extraordinary termination.
The current status of our systems can be viewed under the following link: https://status.garagewebsite.online/
As regards the fee-based services provided by Garage Website Online, Garage Website Online guarantees within the sphere of our responsibility an availability of 98% throughout the year. Regular maintenance, which can amount to up to 4 hours per week, is not included in the aforementioned, calculated availability. We aim to keep the maintenance times as short as possible.
In order to ensure the proper operability of the Jimdo sites, a number of system requirements must be fulfilled. A list of these current requirements is available here. The Service Provider is not liable for disruptions caused by the use of system configurations that vary from the list provided.
An invoice for the Access Fee will be issued each year (or 3 or 6 months) starting one month from the date signed-up to the Service. Garage Website Online will continue invoicing You annually (or 3 or 6 months) until this Agreement is terminated in accordance with clause 8.
All Garage Website Online invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and are payable within 10 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Access Fee.
Without prejudice to any other rights that Garage Website Online may have under these Terms or at law, Garage Website Online reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Organizations in the event that any invoices for those Access Fees are not paid in full by the due date for payment.
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Garage Website Online or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others, but if You do so you must ensure that You are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
a) You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Garage Website Online of any unauthorized use of Your passwords or any other breach of security and E-Garage Website Online will reset Your password, and You must take all other actions that Garage Website Online reasonably deems necessary to maintain or enhance the security of Garage Website Online’s computing systems and networks and Your access to the Services.
b) As a condition of these Terms, when accessing and using the Services, You must:
I. not attempt to undermine the security or integrity of Garage Website Online’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
II. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
III. not attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
IV. not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
V. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
When You make any communication on the Website, You represent that You are permitted to make such communication. Garage Website Online is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Garage Website Online does reserve the right to remove any communication at any time in its sole discretion.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
You agree to defend, indemnify and hold harmless Garage Website Online, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including solicitors’ fees / attorneys’ fees) arising from:
b) your violation of any third-party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Garage Website Online Services, including, without limitation, Garage Website Online Services’ actions for your benefit.
c) any other type of claim that your User Platform and/or User Content caused damage to a third party.
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
a) Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
b) Each party’s obligations under this clause will survive termination of these Terms.
c) The provisions of clauses 4.1.a and 4.1.b shall not apply to any information which:
I. is or becomes public knowledge other than by a breach of this clause;
II. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
III. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
IV. is independently developed without access to the Confidential Information.
The use of certain Garage Website Online Services may be subject to payment of particular fees, as determined by Garage Website Online in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Garage Website Online will provide notice of such fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Garage Website Online reserves the right to change its Fees at any time, upon notice to you, if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Garage Website Online shall have the right to automatically and without notice renew your subscription to such Garage Website Online Service(s) at the full applicable Fee.
All Fees shall be deemed to be in GB. Pound Sterling, except as specifically stated otherwise in writing by Garage Website Online.
We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Garage Website Online is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize Garage Website Online (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Garage Website Online or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Garage Website Online will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.
By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Garage Website Online account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Garage Website Online Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss.
Your use of the Garage Website Online Services will not resume until you re-subscribe for any such Garage Website Online Services, and pay any applicable Fees in full, including any fees and expenses incurred by Garage Website Online and/or any Third Party Services for each Chargeback received (including Fees for Garage Website Online Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Garage Website Online, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Garage Website Online Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Garage Website Online Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did, in fact, authorize the transaction, and make use of the services rendered thereafter.
If you are not satisfied with Garage Website Online Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation (to email firstname.lastname@example.org) for any reason within fourteen (14) days of having first ordered or activated such Garage Website Online Services (the “Refund” and “Refund Period”).
The Refund is applicable only to the initial purchase of Garage Website Online services.
No refunds will be made if we terminate your hosting or other services due to any violation of our Terms & Conditions, except as may be provided therein. This does not affect your statutory rights.
Credit on your account cannot be refunded and must be used for purchases and renewals.
Refunds will be issued at our discretion.
Setup fees are non-refundable.
Premium Server fees are non-refundable.
Any funds sent to us which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
The Refund is not applicable to any additional purchases, upgrades (including initial purchase of add-ons), modification or renewals of Garage Website Online Services.
If you reside in a jurisdiction which requires a longer Refund Period, we will, of course, be happy to accommodate such requirements in accordance with all applicable laws.
If Garage Website Online receives such notice within such Refund Period, Garage Website Online will refund to you the amount Garage Website Online charged you for such Garage Website Online Services, in currency you were originally charged in, and cancel them accordingly.
Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. Garage Website Online will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Garage Website Online Services actually received, as permitted by law.
If you cancel your subscription/account within the 14-day window, and provide us with “Notice of Cancellation” (to email email@example.com), we will process your refund within two weeks of receiving your request. We will return your payment using the same payment method that you originally used.
Once the cancellation is completed, Garage Website Online will delete all domains, accounts, websites and other services associated with the cancelled subscription (unless they have already been moved to another provider) as well as any email account(s) associated with those domains.
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Garage Website Online (or its licensors).
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Garage Website Online Access Fee when due. You grant Garage Website Online a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
You must maintain copies of all Data inputted into the Service. Garage Website Online adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Garage Website Online expressly excludes liability for any loss of Data, no matter how caused.
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
You acknowledge that:
a) You are authorized to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorized to use the Service. You are also authorized to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
b) Garage Website Online has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
I. You are responsible for ensuring that You have the right to do so;
II. You are responsible for authorizing any person who is given access to information or Data, and you agree that Garage Website Online has no obligation to provide any person access to such information or Data without Your authorization and may refer any requests for information to You to address; and
III. You will indemnify Garage Website Online against any claims or loss relating to:
– Garage Website Online’s refusal to provide any person access to Your information or Data in accordance with these Terms,
– Garage Website Online’s making available information or Data to any person with Your authorization.
c) The provision of, access to, and use of, the Services is on an “as is” basis and at Your own risk.
d) Garage Website Online does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Garage Website Online is not in any way responsible for any such interference or prevention of Your access or use of the Services.
e) It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
f) It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
Garage Website Online gives no warranty about the Services. Without limiting the foregoing, Garage Website Online does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
1. To the maximum extent permitted by law, Garage Website Online excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
2. If You suffer loss or damage as a result of Garage Website Online’s negligence or failure to comply with these Terms, any claim by You against Garage Website Online arising from Garage Website Online’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
When You first sign up for access to the Garage Website Online Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the end of the Trial.
You can cancel your service contract and receive a refund within 14 days of your initial purchase.
Your cancellation request must be received in writing within 14-days of the initial purchase in order for you to receive your refund. After the 14-day window, you may cancel your subscription at any time, but no refund will be provided.
Clause 5.5 applies when processing a refund requests.
These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party before the end of the relevant payment period. If You terminate these Terms, You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
a) breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
b) breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are more than 30 days overdue); or
c) You or Your business become insolvent, or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction.
Garage Website Online may take any or all of the following actions, at its sole discretion:
d) Terminate this Agreement and Your use of the Garage Website Online Services and the Website;
e) Suspend for any definite or indefinite period of time, Your use of the Garage Website Online Services and the Website;
f) Suspend or terminate access to all or any Data.
g) Take either of the actions in sub-clauses (d), (e) and (f) of this clause 9 in respect of any or all other persons whom You have authorized to have access to Your information or Data.
For the avoidance of doubt, if payment of any invoice for Access Fees due relating (to any of Your Billing Contacts, Billing Plans or any of Your Organizations (as defined at clause 3) is not made in full by the relevant due date, Garage Website Online may: suspend or terminate Your use of the Service, the authority for all or any of Your Organizations to use the Service, or Your rights of access to all or any Data.
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement, You will:
a) remain liable for any accrued charges and amounts which become due for payment before or after termination; and
b) immediately cease to use the Garage Website Online Services and the Website.
Expiry or termination:
Clauses 3.1, 4, 5, 6, 7, 8, 9, 10 and 11 survive the expiry or termination of these Terms.
For technical problems, You must make all reasonable efforts to investigate and diagnose problems before contacting Garage Website Online. If You still need technical help, please check the support provided online by Garage Website Online on the Website or failing that contacting us here.
The current status of our systems can be viewed under the following link: https://status.garagewebsite.online/
Whilst Garage Website Online intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason Garage Website Online has to interrupt the Services for longer periods than Garage Website Online would normally expect, Garage Website Online will use reasonable endeavours to publish in advance details of such activity on the Website.
The current status of our systems can be viewed under the following link: https://status.garagewebsite.online/
When using the Garage Website Online Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Garage Website Online with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Garage Website Online Services, please immediately report such User and/or Third Party Service to us via Contact Us page. You agree that your report shall not impose any responsibility or liability upon Garage Website Online, and that Garage Website Online may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
Garage Website Online acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, and provide the following information:
a) the contact details of the person authorized to act on behalf of the owner of the copyright.
b) a description of the copyrighted work that you claim has been infringed.
c) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Garage Website Online to locate the material (including URL address).
d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
e) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
In the event that Garage Website Online receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you.
In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include:
a) your full name, address, phone number and physical or electronic signature.
b) identification of the material and its location before removal.
c) a statement under penalty of perjury that the material was removed by mistake or misidentification.
d) your consent to an appropriate judicial body.
e) any other information required under the relevant provisions of the DMCA.
Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Garage Website Online’s sole reasonable discretion. Garage Website Online reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
You may not assign or transfer any rights to any other person without Garage Website Online’s prior written consent.
In all situations, this Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or with this Agreement.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Garage Website Online must be sent to firstname.lastname@example.org or to any other email address notified by email to You by Garage Website Online. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.