Last Updated November 24 2023

BACKGROUND:

These Terms of Sale set out the terms under which Showit Templates are sold by Us to business customers through this website, https://littlehoundcreative.com/ (“Our Site”).  Please read these Terms of Sale carefully and ensure that You understand them before purchasing Showit Templates from Us. Your purchase will be bound by these Terms of Sale. These Terms of Sale, as well as any and all Contracts are in the English language only.

1.        Definitions and Interpretation

1.1        In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

2.        Information About Us

2.1        Our Site, https://littlehoundcreative.com/ is owned and operated by Jessica Willis t/a Little Hound Creative of 9 Stallcourt Close, Cardiff, CF23 5EB.

2.2        We are a Showit Design Partner.

3.        Access to and Use of Our Site

3.1        Access to Our Site is free of charge.

3.2        It is Your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3        Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4.        Business Customers and Consumers

4.1        We anticipate that most of Our customers will be business customers. However in the event that you are a Consumer You will have the additional benefit of Clauses 9.1, 17.3, 17.4 and Clause 11. For the avoidance of doubt business customers do not benefit for the additional Clauses mentioned herein.

4.2        These Terms of Sale constitute the entire agreement between Us and You with respect to Your purchase of a Showit Template from Us. You acknowledge that You have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

5.        Provision of Showit Templates

5.1        Any Showit Templates will be available to You immediately after purchase, by means of automatic email. By purchasing a Showit Template You will be required to expressly acknowledge that You wish for the Showit Template to be made available to You immediately. You will also be required to expressly acknowledge that by accessing the sharekey provided, You will lose Your legal right, (only available to Consumers), to cancel if You change Your mind (the “cooling-off period”). Please see sub-Clause 9.1 for more information.

5.2        You are purchasing a Showit Template customisable template that You will need to implement. You will be provided with a sharekey allowing You access to the Theme. It will then be up to You to follow the instructional guidance available on how to install the same. We do not provide, as part of the purchase price, support on implementation.

5.3        The Showit Templates We provide contain images and wording. This is intended to give You an idea of how a final website will look. Please refer to Clause 8.3 with regard to ownership of those images and fonts used.

6.        Pricing, Payment and Availability

6.1        Payment must always be made in advance. Your chosen payment method will be charged when We process Your order and send You a Purchase Confirmation.

6.2        Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

6.3        We accept the following methods of payment on Our Site:

6.3.1        Stripe

6.4        If You believe that We have charged You an incorrect amount, please contact Us at jess@littlehoundcreative.com as soon as reasonably possible to let Us know.

6.5        We may from time to time change Our prices.  Changes in price will not affect any purchases You have already made and will apply to any subsequent purchases.

6.6        Minor changes may, from time to time, be made to certain Showit Templates, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues.  These changes will not alter the main characteristics, as detailed in the description, of the Showit Templates available and should not normally affect Your use of that Showit Template.  

6.7        At present We are not VAT registered and our prices do not therefore include VAT. If we subsequently become VAT registered the amount of VAT payable, as applicable, in addition to the price listed on the description.

7.        Orders – How Contracts Are Formed

7.1        Our Site will guide You through the process of purchasing. Before completing Your purchase, You will be given the opportunity to review Your order and amend it. Please ensure that You have checked Your order carefully before submitting it.

7.2        If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of a Showit Template that results from You providing incorrect or incomplete information.

7.3        No part of Our Site constitutes a contractual offer capable of acceptance. Your request to purchase constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You a Purchase Confirmation by email. Only once We have sent You a Purchase Confirmation will there be a legally binding Contract between Us and You.

7.4        Purchase Confirmations shall contain the following information:

7.4.1        The item purchased;

7.4.2        Details of the main characteristics of the Showit Template;

7.4.3        The cost of Your purchase including, where appropriate, taxes, and other additional charges.

7.5        In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You.

7.6        Any refunds due under this Clause 6 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

7.7        Refunds under this Clause 7 will be made using the same payment method that You used when making Your purchase

8.        Licence

8.1        Where You purchase the Showit Template for Yourself We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Showit Template for your own purposes. Such licence is subject to the following usage restrictions and/or permissions: You may not  rent or sell the Showit Template (or any part of it) or make it available to the public except as permitted under these Terms and Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

8.2        In the event that you are a Showit Designer You must purchase a Showit Template per customer. The licence afforded under these Terms of Sale does not allow You, or anyone else, to Use the Showit Template more than once. As a designer You may only not rent or sell the design as a template, it must be customised by You. You must add to the completed website the words “Showit Template designed by Little Hound Creative” with a link to the Little Hound Creative website. We permit You to add “customised by [You/Your company].

8.3        Images and fonts provided within the Showit Template are not the property of Little Hound Creative. Images are free stock images and therefore the property of a third party.  In the event that You wish to use any premium fonts, contained within the Showit Template, You must purchase a web-font licence to use the same. We will provide to You, when purchasing, a link to where premium fonts can be purchased. In the event You do not wish to purchase a premium web-font licence You should change the font to a free font available on the Showit platform itself.

9.        Cancelling Your Order

Consumers

9.1        Subject to Clause 5.1 If You are a Consumer in the UK or European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. However on the basis that the sharekey is being made immediately available to You, You hereby waive your right to the benefit of the cooling-off period. We therefore cannot offer any refunds and You will continue to have access to the Showit Template.

Business Customers

9.2        You may cancel Your purchase at any time. We cannot offer any refunds and You will continue to have access to the Showit Template.

10.        Ending the Contract Because of Something We Have Done (or Will Do)

10.1        If availability of the Showit Template will be significantly delayed because of events outside of Our control, You may end the Contract immediately. See sub-Clause 13.2.6 for more information. If You end the Contract for this reason, We will issue You with a refund.

10.2        You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation.

10.3        If You wish to exercise Your right to cancel under this Clause 10, You may inform Us of such via email to jess@littlehoundcreative.com You should provide us with Your name, address and email address.

10.4        We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.

10.5        Refunds under this Clause 10 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel. Refunds under this Clause 10 will be made using the same payment method that You used when making Your purchase.

11.        Our Liability to Consumers

11.1        We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

11.2        We make no warranty or representation that the Showit Template is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

11.3        If, as a result of Our failure to exercise reasonable care and skill, any content (including but not limited to a Showit Template) from Our Site damages Your device or other content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if:

11.3.1        We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or

11.3.2        The damage has been caused by Your own failure to follow Our instructions; or

11.3.3        Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased the Course.

11.4        Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for a Showit Template which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.

11.5        Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

11.6        We will not be responsible or liable if You are unable to access any Showit Template due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment).

12.        Our Liability to Business Customers

12.1        Subject to Sub-Clause 12.3, We will not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity or loss of anticipated savings, or for any indirect or consequential loss arising out of or in connection with any contract between You and Us.

12.2        Subject to Sub-Clause 12.3, Our total liability to You for all other losses arising out of or in connection with any contract between You and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the total sums paid by You in respect of the Showit Template purchased.

12.3        Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or Sub-contractors), for fraud or fraudulent misrepresentation, or for any other matter in respect of which liability cannot be excluded or restricted by law.

13.        Events Outside of Our Control (Force Majeure)

13.1        We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

13.2        If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

13.2.1        We will inform You as soon as is reasonably possible;

13.2.2        We will take all reasonable steps to minimise the delay;

13.2.3        To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

13.2.4        We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of the Showit Template as necessary;

13.2.5        If the event outside of Our control continues for more that 30 days We will cancel the Contract and inform You of the cancellation.  Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that You used when making Your purchase.

13.2.6        If an event outside of Our control occurs and You wish to cancel the Contract as a result, You may do so by contacting us via email at jess@littlehoundcreative.com You should provide us with Your name, address and email address.

14.        Communication and Contact Details

If You wish to contact Us with general questions, complaints or feedback You may contact us by email at jess@littlehoundcreative.com or by post using our correspondence address detailed at sub-Clause 2.1.

15.        How We Use Your Personal Information (Data Protection)

15.1        All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and Your rights thereunder.

15.2        For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy available via this link https://littlehoundcreative.com/privacy-and-cookies-policy 

16.        Other Important Terms

16.1        We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

16.2        You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

16.3        The Contract is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

16.4        If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

16.5        No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

16.6        We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.

17.        Law and Jurisdiction

17.1        These Terms of Sale, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.

17.2        If You are a business customer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms of Sale, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales.

17.3        If You are a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 17.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

17.4        If You are a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms of Sale, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of either England, Wales, Scotland, or Northern Ireland, as determined by Your residency. In the event that You reside outside of the jurisdictions detailed within this sub-Clause the jurisdiction will be deemed to be England.