Introduction
Welcome to M&K Digital!
M&K Digital Limited is committed to delivering the best possible service to all our clients, our Terms of Service are designed to set out clearly what we can expect from each other.
All websites created by M&K Digital are owned and operated by M&K Digital. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. Our subscriptions offer visitors or registered subscribers access to, and use of, our websites and our services. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Definitions
You and M&K Digital: When we say you or your, we mean both you and any entity or firm you are authorised to represent. When we say M&K Digital, we, our or us, we’re talking about the M&K Digital you contract with and pay fees to based on the service plans of MK Digital you’re using.
Our products and services: These consist of all the products and services we provide now or in the future.
Creating a subscription: When you create a subscription to use our products and services and accept these terms, you become a subscriber. If you’re the subscriber, you’re the one responsible for paying for your subscription.
The right to use our services: As a subscriber, we grant you the right to use our services (based on your subscription plan) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated.
Your responsibilities: You promise that you’ll keep your information up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused.
Our ownership: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
Access to websites and services
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key commercial terms
When subscribing our services, you agree that: (i) you are responsible for reading the full description before making a commitment to subscribe our services: (ii) you enter into a legally binding contract to subscribe our services when you commit to subscription and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing is available on the pricing page.
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
Pricing plans
Your use of our services requires you to pay an initial registration fee and a monthly or annual subscription fee based on your subscription plan. The subscription fees are payable monthly in advance for monthly subscriber or annually in advance for annually subscriber. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. When you provide your bank details to M&K Digital, you authorise us to immediately bill for the subscription fees payable in respect of the registration fee, initial subscription and any subsequent renewal period until the subscription is terminated. All amounts and fees stated or referred to in these Terms and Conditions and on M&K Digital’s website shall be payable in pounds sterling. All fees are non-cancellable and non-refundable. You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied.
Depending on your subscription plan, you may be able to take advantage of additional services that we offer. These might incur an additional fee that we’ll let you know when you sign up for those services. It is your responsibility to make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.
Subscription period and Termination
Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time after the initial twelve months period by providing one month’s written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination. M&K Digital may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. M&K Digital may also terminate or suspend your subscription or access to all or any data immediately if you breach any of these terms or you fail to pay subscription fees. No refund is due to you if you terminate your subscription or M&K Digital terminates it in accordance with these terms. Once a subscription is terminated by you or us, data submitted or created by you is no longer available to you.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time after the minimal contract period. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of M&K Digital. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognise and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
Indemnification
You agree to indemnify and hold M&K Digital harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall M&K Digital be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, M&K Digital assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.
There may be legal notices elsewhere relate to products and services of M&K Digital. We’re not liable if we fail to comply with these terms and conditions because of circumstances beyond our reasonable control. We might decide not to exercise or enforce any right available to us under these terms and conditions. We can always decide to exercise or enforce that right at a later date. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will still apply.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices – please just notify us at any time.
Information about you and your visits to M&K Digital website
We collect information about you in accordance with our privacy policy and our cookie policy. By using M&K Digital website, you agree to us collecting this information and confirm that any data you provide is accurate.
Use of Data and privacy
You grant us a licence to use, copy, transmit, store, analyse, and back up all data you provided to us, including personal data of yourself and others, to enable you to use our products and services, communicate with you about your subscription and send you information we think may be of interest to you based on your marketing preferences.
Confidentiality
It Is your responsibility take reasonable steps to protect the other all confidential information from being accessed by unauthorised individuals. We may share your confidential information with legal or regulatory authorities if required to do so.
Third-party products and services
Some of our products and services are available through other companies’ services. These companies may have additional terms that apply to you. Any third party provider is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us. The third party providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products.
Maintenance, downtime and data loss
Occasionally, we need to perform maintenance on our services, and this may require a period of downtime where you might not be able to access our services.You’re responsible for maintaining copies of your data entered into our services. M&K Digital is not responsible for any compensation due to downtime, access issues or data loss.
Security and Virus protection
We make every effort to check and test products and services of M&K Digital for viruses at every stage of production. You must make sure that the way you use our products and services does not expose you to the risk of viruses, malicious computer code or other forms of interference which can damage your computer system. While we’ve taken steps to help protect your data, we cannot guarantee absolute security. We’re not responsible for any loss, disruption or damage to your data or computer system that might happen.
Viruses, hacking and other offences
When using products and services of M&K Digital, you must not introduce viruses, trojans, worms, logic bombs or any other material that’s malicious or technologically harmful. You must not try to gain unauthorised access to products and services of M&K Digital, the server on which it’s stored or any server, computer or database connected to it. You must not attack products and services of M&K Digital in any way. This includes denial-of-service attacks. We’ll report any attacks or attempts to gain unauthorised access to the relevant law enforcement authorities and share information about you with them.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion without notice. Therefore, you should review these page periodically. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Disclaimer
While we make every effort to keep products of M&K Digital up to date, we do not provide any guarantees, conditions or warranties that the information will be current, secure, accurate, complete and free from bugs or viruses. You should get professional or specialist advice before doing anything on the basis of the content. We’re not liable for any loss or damage that may come from using our services or products. Our products and services (including all third-party products) are made available to you on an “as is” basis. Subject to the consumer law terms in section 55, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose. M&K Digital is not liable to any liability arising from your use of our products and services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense. loss or corruption of your data. Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
Law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of England and Wales, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in England and Wales.