Terms & Conditions

Updated on May 2020

Terms and Conditions of Use

1. Introduction

The Ivyfix website and any associated mobile application (the Site) is owned and operated by Focus Expert Limited, a company registered in England and Wales with registered number 06252962 and with its registered office at 85 Great Portland Street, First Floor, London, W1W 7LT (Focus Expert, IvyFix, we, us).  By using the Site you agree to be bound by these terms of use (the Terms) together with the privacy and cookie policy accessible in the Site (the Privacy & Cookie Policy). These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy & Cookie Policy, do not use the Site. If you have any questions, you can contact us by email at support@ivyfix.com.

We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email.  Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

1.1     The Site operates as a contact platform for users or customers to communicate with us regarding our service. Users can get information about our product and services, get a quotation, send us queries, register as a member, pay for the services and products, leave feedback and complaints and other related activities.

1.2    Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.

2. Definitions

2.1    In these Terms, the following words have the following meanings:

Fee: the fees due from a paying customer or member to receive our services.

Site: the Ivyfix sites and associated mobile applications;

Site Content: all materials and content including on the Site, including all information, data, text, images, recordings and software excluding any content posted by us or an user.

Member: an individual who has registered on the Site;

Terms: these terms and conditions; and

You: any user of the Site, including members.

2.2     In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.

2.3    Any reference to a statutory provision shall be a reference to such provision as may be updated or amended from time to time.

3. Registering on the Site

3.1    When you register with the Site you must provide your email address and choose a password. You are responsible for keeping your password confidential and you are responsible for any activity under your Ivyfix account. Please take precautions to protect your password and contact us immediately by email at support@ivyfix.com if you believe there has been any unauthorised use of your Ivyfix account.

3.2    When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not use the Site for any unlawful purposes or to try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.

4. Members

4.1    If you wish to register as a member on the Site, you can do so through the site. You agree that if you register in this way, we shall receive personal data relating to you from those accounts.

4.2    To register as a member, you must be (a) at least 16 years old; (b) legally capable of entering into a contract; and at our request, you shall provide evidence of your compliance with this Condition 4.1.

4.3    You may use our Site to search for our products and services, communicate with us or leave feedbacks where appropriate.

4.4    None of our member plans includes any services which includes any custom coding and/or altering files on themes and plugins.

5. Non Members

5.1    If you wish to browse our website, you must (a) at least 16 years old; (b) accept this terms and the privacy policy of the site

6. Payments, Cancellation and Refunds

6.1    Paid customers or members pay the Fee for our service which will be detailed in the Service Plan page. Although the payment is set on 3 monthly basis, but is not a contract to extend any further than 3 months. Paid customers agree to setup a recurring payment method through bank options detailed on respective sections. Customers can cancel this recurring payment option through their financial institution and in that case the running 3 months which has already been paid for will continue and shall come to an end once the 3 months come to an end. If any credit remains in the account, the customer will not receive any refunds for that running 3 months, however, customer can still get our service worth the remaining balance. If in any case where customer did not remember to stop the recurring payment option and the payment gets cleared, the customer can within 7 days write to us to get a refund of that amount minus any bank charges we incur. All the payments and refunds are made through our payment service providers listed at the checkout page. We do not undertake payments or refund in cash. In the case where the currency is a foreign one other than our own payment gateway, the exchange rates and the fees will be charged by the customers’ bank or card provider. We do not have any control over these neither we charge customers any extra sum other than that is advertised

6.2    All the works are carried out for our paying customers on their request. We will notify the customer through their individual account dashboard about the length and the sum that will be deducted from their credit balance. If customers disagrees to that, they should inform us before we begin the work. All the works are on ticket system and Ivyfix will keep records of all these correspondence for at least 12 months. This will be done in accordance of our Privacy Policy. A ticket will be closed or work will be deemed completed in agreement with the customer.

6.3 Money back guarantee is offered in the case where we acknowledge that we are unable to fulfil a customer’s request related top his/her WordPress websites.

7. Inappropriate request.

7.1    Ivyfix will never carry out any work which involves child pornography. Ivyfix will also never carry out any works which is related or remotely related to any terrorist organisations. In both cases, Ivyfix stop any undergoing works when these facts come to light. In both cases, Ivyfix will contact the relevant authority and any monies and payments will not be refunded.

7.2    We do not monitor or review any feedback.  However, we may remove any feedback at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 7.1

7.3    You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Site Availability

8.1    We will use reasonable endeavours to maintain and make available to you the Site available at all times.  However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.  We shall use reasonable endeavours to notify all users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours.  However, you agree that we have no liability to you for such interruptions.

8.2    For the avoidance of doubt, we shall also not be liable if you are unable to access the Site for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.

9. Indemnity

The customers shall indemnify and keep indemnify and held harmless Ivyfix against any costs, claims, losses, damages, expenses and liabilities that Ivyfix may suffer or incur arising as a result of any claim or allegation from another customers, members of the public, government authorities or any third party relating to the acts or omission of the customers.

10. Disputes

10.1    If there is a dispute, the parties shall work together acting reasonably to resolve the dispute subject to the provisions of the terms and conditions.

10.2        The copyright in all Site Content is owned by or licensed to Ivyfix. All rights are reserved. You can view, print or download extracts of the Site Content for your own use.  You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Site Content without our permission.

10.3    You acknowledge that Ivyfix is a trade mark, and you may not use or reproduce the mark without our prior written consent.

11. Termination or Suspension

11.1     We reserve the right to suspend or terminate the account of a member at any time and without liability  (a) if any information that you provide to us is not true, ceases to be true, or we cannot verify or authenticate any such information; (b) you are in breach of these Terms; (c) you act in any way that may bring Ivyfix into disrepute; (d) after a six (6) months continuous period of inactivity; and/or (e) if we receive frequent complaints or disputes are frequently raised in relation to your activities on the Site.

11.2    Following termination by us of your Ivyfix account you must cease to use the Site and you must not re-register on the Site under any other name.

11.3     You may contact us at any time to terminate your account, in accordance with 6.1 and 6.2 and provided there are no outstanding sums due or payable, we shall delete the account within 7 days of receipt of such a notice.

12. General

12.1    These Terms and the Privacy & Cookie Policy (as amended from time to time) constitute the entire agreement relating to your use of the Site.

12.2    If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

12.3    Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4    We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.

12.5    We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business.

12.6    If you are a consumer and you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.