Pace Retail is the trading name used by Pace Commerce Limited to sell ecommerce solutions, full company details are published at the end of this page.
Website and eCommerce solution
Pace Commerce subscribes to an image library, which allows images to be used on websites created for clients of Pace Commerce. Should Pace Commerce be unable to gain appropriate images from this source, alternatives will be identified, and any conditions of use made clear to the client, along with any additional associated costs.
The client is responsible for securing copyright agreement for the use of any material submitted by them to Pace Commerce for use in the client’s project.
Copyright of all material prepared in addition to the website by Pace Commerce is reserved by Pace Commerce.
Pace Commerce reserves the right to use the services of third parties.
Pace Commerce is not responsible for creating, supplying or checking any content, including images and text, for solutions they design or develop. The client has full responsibility for creating, supplying and checking all content. The client has full responsibility for uploading content to updateable sections of the solution. Pace Commerce is not responsible for the quality of images or content supplied by the client.
Image/photo resizing – dimension: If images/photos need to presented as smaller images with the same proportional dimensions we will reduce the physical size of the image/photo. This will not affect the overall quality of the image/photo.
Image/photo resizing – compression: If images/photos need to be reduced in file size we will compress the image/photo to size. This may require us to save the file in a different format. This may have a detrimental effect on the overall quality of the image/photo.
Image/photo manipulation: Can include if specified but is not limited to, cropping, cutting out parts of the image, air brushing, colour manipulation, and tints. This may require us to save the file in a different format.
Production Website
Only one instance of a website can be made available on the World Wide Web;
No portion of the coding can be copied/duplicated or redistributed in any form electronic or otherwise.
Any third party software used in the site remains the copyright of the third party and any right to use must not be infringed.
All data stored in an online database is the property of the client along with any rights and responsibilities associated with this, including, but not limited to, the clients responsibilities and duties in relation to the Data Protection Act.
Pace Commerce will provide standard hosting, using a reputable 3rd party supplier, for the client for the ecommerce and support fee. No guarantees of service can be made by Pace Commerce on behalf of the hosting company. Bandwidth charges may apply if the site retails large digital files, ie: music, films etc. Alternative hosting arrangements will be subject to an additional charge. Subsequent annual charges will apply.
Domain name charges are included if Pace Commerce Ltd purchases the name and is the owner, otherwise the client is responsible for all Domain name registration and renewal fees.
The client agrees to allow Pace Commerce to make all efforts to transfer an existing domain name to Pace Commerce webspace for which there will be no additional charge. The client may be required to extend the registration period of the domain name to support this process and any associated cost of this will be passed onto the client.
Payment
Pace Commerce reserves the right to withhold or remove a website or any work Pace Commerce creates for a client from publication or submission prior to full and complete payment.
All payments are due prior to the launch of a website.
VAT will be applied to all goods, work or services supplied by Pace Commerce to UK based clients at the prevailing rate.
Pace Commerce websites are available for purchase by individuals in the UK only at this time. The currency of all transactions will be Great British Pound Sterling.
Any errors identified with work undertaken by Pace Commerce must be notified in writing on immediate discovery of the error. Pace Commerce will attempt to resolve any genuine errors as quickly as possible. Pace Commerce cannot accept responsibility for any loss either monetary or otherwise due to any web site errors.
Disclaimer
The Client indemnifies Pace Commerce and shall keep Pace Commerce indemnified and hold Pace Commerce harmless from and against any and all breaches by the Client of all items within the entire Pace Commerce terms and conditions and any claim brought against Pace Commerce by any third party in connection with or resulting from the provision of the Services by Pace Commerce to the Customer including, but not limited to, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including all reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of the breach or non-observance of the terms and conditions of this.
Pace Commerce reserves the right to withdraw any of our services in whole or in part without prior notice. Pace Commerce shall be under no liability whatsoever to the Client for any costs, losses and damages, howsoever arising, that the Client may incur or may have incurred, due to the removal of such services.
Pace Retail Website
Pace Commerce takes all reasonable measures to ensure that the content of the Pace Commerce website is valid and correct. Pace Commerce cannot be held responsible for any decisions taken based on the content of the Pace Commerce website.
All content of this website (Pace Retail) is the copyright of Pace Commerce and may not be reproduced in any way without express written permission from Pace Commerce. All copyrights and trademark notices, marks, disclaimers and other such elements must be preserved and upheld at all times.
Pace Commerce does not accept any responsibility for the contents of materials viewable from this site. These materials may be provided by (but are not limited to) links, frames, portals or other websites.
Privacy Policy
Preservation of your privacy is important to us and we are committed to letting you know how we use your personal information. Information which identifies you personally will be utilised only to provide the services you require and for providing you with information about our products and services. It will not be sold or disclosed to third parties without your permission unless we are required to do so by law. If cookies are used they will similarly only be used to assist the purposes set out in this privacy policy, but cookies will not be used if we do not consider them to be necessary.
For the purposes of the Data Protection Act 1998 we confirm that the proprietors of this site are Pace Commerce Limited of Batley Business Park, Technology Drive, Batley, WF17 6ER and that Pace Commerce Limited is registered with the Office of the Information Commissioner.
Email Policy
Communications in connection with this site may be sent by e-mail. For ease of use and compatibility communications will not be sent in an encrypted form unless you require it and provide the certification to enable us to communicate with you in that way. E-mail unless encrypted is not a fully secure means of communication.
Hosting Agreement
These terms of business apply to Pace Commerce standard hosting plans.
Where the context admits:
"We" & "Us" includes Pace Commerce Limited of: Batley Business Park, Technology Drive, Batley, WF17 6ER, United Kingdom or any party acting on Pace Commerce's implicit instructions.
"You" includes the person purchasing the Services or any party acting on the customer's instructions.
"The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions.
"The Registry" the relevant domain names Registry.
"Server" means the computer server equipment operated by us in connection with the provision of the Services.
"Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.
The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.
Domain Name Registration
We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.
By registering a .co.uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions published at www.nominet.org.uk.
You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.
Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment for that domain has been received by us.
Web Site Hosting and Email
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes and to promptly inform us if this clause or any subclause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us.
You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
You will not upload, post, link to or transmit: any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
any material containing a virus or other hostile computer program;
any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction;
any material which is forbidden by our acceptable use policy.
You will not promote a site hosted on our network using bulk email.
You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
You will not use the site to transmit/sell large files such as movies, music files, CAD designs etc.
We reserve the right to remove any material which we deem inappropriate from your Web Site after giving notice to you.
You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.
You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
Any access to other networks connected to Pace Commerce must comply with the rules appropriate for those other networks.
While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time.
The limits for bandwidth are dictated by your hosting price, if your webshop exceeds the stated bandwidth for two consecutive months you will be asked to upgrade to the next hosting rate, or negotiate a supplementary fee.
Services Availability
We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
Daily backups are taken thereby ensuring that in the event of a major disaster your information can be restored to the previous day. If this service level is not acceptable a more robust disaster recovery plan can be made available at an additional cost.
Payment
Payment
All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time, errors and omissions excepted and shall be due and payable in advance of provision of the Services.
We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
Payment is due each anniversary month, quarter or year following the date the Services were established until the agreement is terminated by either party.
If you choose to pay by standing order you authorise Pace Commerce to debit your account renewal fees from your card.
All payments must be in UK Pounds Sterling.
If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before 5 days after the due date, we shall be entitled but not obliged forthwith to suspend the provision of Services to you.
Termination and Refunds
We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you, if you:
fail to pay any sums due to us within 14 days after their due date;
break any of these terms and conditions;
go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
No refunds will be made under any circumstances for Services suspended.
We reserve the right to suspend the Services and/or terminate this Agreement by giving 30 days notice.
You may cancel the Services by giving 30 days notice. You must request cancellation of the Services in writing or email, and obtain an acknowledgement from Pace Commerce. We will confirm your cancellation request within 2 working days of receipt of your request.
Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
30 Day money back policy If you are not completely satisfied with our product and service, we will refund your money less any disbursements, eg: Domain name registration fees if purchased on your behalf, administration costs for processing the cancellation and webshop site closure (£15), payment processing costs (SagePay/Protx) and design costs (Customised Template, Design Builds, Bespoke Work) within 30 days of the Order date, ie: when the Order was placed on the Pace Retail website. If you wish, we can send you a fixed price for the disbursements applicable to your site before you place your Order. If you do wish to claim your money back, then we would appreciate an email to us explaining the reason(s) as we value your feedback. We will process the refund within 7 days of acknowledging your request.
Indemnity
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this Agreement.
Notices
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error-free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
Limitation of Liability
All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK law.
Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Non-Waiver
Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
Law
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Company Details
Pace Commerce Limited
Batley Business Centre
Technology Drive
BATLEY
WF17 6ER
Phone: 01924 502601
Company Registration Number: 06097794
VAT Registration Number: 898 5168 53
