Digital Products and Services T&Cs
The following terms and conditions are applicable if you have accessed or purchased downloadable content, digital products, or ordered services and checked out directly on the website. If you are looking to speak to us about digital services we also have uploaded our standard services contract.
This contract is formed when you explicitly tick a box agreeing to the following terms and conditions. By continuing to use our website you agree to the Website Terms and Conditions.
When purchasing digital products through this website you agree to all the terms between yourself (“Client”, “you”) and Waterdown Media (“Waterdown Media”, “we”, “us”).
If you have any questions or hesitancy towards any of the terms contained in this contract you must not enter it. Please direct questions to our support team [email protected].
We confirm we are the sole rights holder and have the necessary permissions for the sale of all digital downloads.
You agree to comply with the Acceptable Use Rules at all times.
You agree that you are over 18 and in a position to enter into a contract with agreement to all terms in full.
You must provide us with a valid payment method that remains valid for any recurring payments you have subscribed to. You will lose access to any digital products or services if we are unable to take payment.
All prices are listed in Pounds Sterling exclusive of VAT. You are responsible for any foreign exchange fees or differences in price based on your location. We do not support all currencies and payment methods, contact us if you are unable to purchase through the website.
You are responsible for paying all taxes, charges or fees that may be applicable to you when purchasing our digital goods and services.
When purchasing digital products we grant you one exclusive non-transferable, non-sublicensable use of the product to yourself or the business you are purchasing these products on behalf of. The contents of digital products remain our intellectual property and are protected by copyright and all other rights afforded to us.
You must not resell our digital products or distribute them for commercial purposes. We may pursue legal action such as DMCA takedowns and civil proceedings if you are found to be unlawfully using our intellectual property.
You have the right to use our digital products for personal and commercial use including making modifications and sharing within your organisation. We do not require credit or prior notification of such changes.
We reserve the right to refuse to provide access to digital products and services to anyone at any time without prior notification.
We reserve the right to terminate your access to any of our digital products at any time. We will provide a full refund if we do this unless you have broken our Acceptable Use Rules or this contract.
You will receive a full refund if we are unable to fulfil your order for reasons on our part such as content availability or payment processing issues.
If you break any part of this agreement we will terminate your access immediately without notice. You will not be refunded.
No information provided by us will create any warranty of condition not explicitly stated in this contract. This excludes information provided on the specific product page or any additional terms contained in the specific terms and conditions page you must agree to complete to a website order.
All digital services are provided “as is” and do not make any warranties, representations, conditions or guarantees of any kind directly or indirectly. This includes but is not limited to all explicit or implied warranties of merchantability, fitness for a particular purpose, quality or that our digital products will meet your requirements.
We also make no guarantees our products and services will always be available, accessible, uninterrupted, accurate, error-free or secure. All our digital products and services are used entirely at your own risk.
You agree to indemnify and hold harmless Waterdown Media, our directors, joint venture partners, employees, contractors, agents or anyone affiliated with the company against direct or implied claims tangible or intangible losses, liabilities, damages or otherwise arising from your use of the website our products or services, or your reliance on our opinions.
Under no circumstances we will be liable for third-party services, any internet connection or transmission, or any loss, damage or injury resulting from unauthorised access of your account or the information contained within it.
Our liability to you for all losses or damages arising from this agreement or your use of our digital products and services, even if we have been advised of the possibility of such losses, will be limited to the value of goods sold.
We do not make any guarantees as to the results, including financial gains by use of our digital products and services. You are solely responsible for any action or results in regard to using our product.
We make no warranty towards the information that is uploaded to, downloaded from or appears on our digital products and services from third parties including yourself and those you’ve authorised to use such products and services.
While we aim to take action where see such content we will not be liable to you or any third party for any claims arising from user-generated content even in the case that content is harmful, inaccurate, unlawful, illegal, unethical or otherwise.
When you place an order for a direct download you will be emailed a link on successful payment to download your product along with a copy of your invoice. If you do not receive this within 24 hours please email [email protected] with your invoice or order number so this may be sent to you.
If your download is faulty you must email us within 14 days explaining the fault where you will receive a full refund.
Due to the nature of digital assets, we are unable to offer refunds for any direct downloads once purchased, unless faulty. You waive all rights to cancel your contract once your download has started.
Once purchased you have the right to distribute our templates for personal and commercial purposes including as part of content that is purchased (e.g. using an HTML email; template in a paid newsletter).
By purchasing templates you agree that you have access to the necessary third party software required, that such software is not provided with your purchase, and we are not liable if you do not have access to this.
We are not officially affiliated with any third party by our sale of these templates. Third parties make no guarantees or promises in relation to these templates or will be liable for your purchase of them.
We are not liable if a third party temporarily or permanently renders you incapable of using our templates through no fault of our own including but not limited to services outages or insolvency.
This does not grant you the right to resell our templates which remain protected under our “General Terms”.
When purchasing a course you will have immediate and lifetime access to the course while the course is live including any updates to that particular course.
You have a cooling-off period of 14 days after purchasing the course to request a refund for any reason.
You will immediately lose access to any courses you have requested a refund for.
If you sign up to a free trial you may be asked for a valid credit card. Unless otherwise cancelled billing will start automatically on the day after your trial ends.
When purchasing subscription content on the site your membership with automatically renew at the end of your billing cycle (monthly or annually) unless either of us provides 30 days notice of the wish to cancel the contract.
You have a 14 day cooling-off period starting from the first day of your billing cycle to cancel your contract for a full refund.
After that our prices are fixed and non-refundable for the duration of your contract. We reserve the right to change our prices subject to 30 days notice before the end of your contract. No price changes will occur during your contract.
You will retain the rights to any content you supply during your subscription.
We reserve the right to use aggregated information for the purposes of developing our products and services. We require your written permission to use your content for any other purpose such as distribution, publishing or reproduction.
All invoices will be due within 31 days after they are issued. If invoices are unpaid on the due date we will charge a late fee at 5% plus the Bank of England base rate. We may also provide 30 days notice we will terminate your account if you fail to pay.
You must not make our subscription services available to anyone who is not you or an authorised representative of your company subject to the user limits of any particular subscription plan.
We may disclose to each other certain confidential information when we provide you services. We both agree not to disseminate this in any way to any third party without prior written consent unless legally obligated by an enforcement body to do so.
Confidential information will be kept in the strictest confidence and will never be used for any purpose without your written consent other than for the purposes of providing services, and to fulfil our legal obligations to law enforcement agencies.
Employees of Waterdown Media may receive such information will be informed of its confidential nature and will only use it to allow Waterdown Media to provide the services. All employees of Waterdown Media have to sign a confidentiality agreement you can read here.
You agree that yourself or your employees will not disclose or use any confidential information for any reason other than outside this agreement.
These restrictions will not apply to any information that becomes generally publically available through no violation of this contract, was available to either party before entering into this agreement, becomes available to us from a third party not bound by a confidentiality agreement or NDA with yourself.
All confidential information will be kept in its original form, no copies, reproductions or extracts will be held by Waterdown Media. We may keep confidential information for an unspecified time limit for business practices such as invoices.
This clause remains true unless in writing by both parties after this contract expires, even in the event it is terminated.
We reserve the right to defer the start date of our contract or cancel it entirely if we are prevented from, or delayed in carrying out our business due to circumstances beyond our reasonable control including but not limited to Acts of God or government actions.
If any term in these Terms and Conditions is held to be unenforceable under applicable law, all other terms will remain in full force and effect.
No third parties may have any rights or connection with this contract. No third parties may have the authority to act as an agent for either of us.
This contract may not be transferred to a third party without written permission on both sides.
This contract shall not be deemed to constitute a partnership between us.
All matters relating or arising to this Agreement shall be governed under English law and you agree to submit to the exclusive jurisdiction of the English and Welsh courts for that purpose.
These terms are subject to change at any time without prior notice with you. Where there is a conflict between the terms contained in our contract and these terms, the contractual terms signed by both of us will supersede these ones.
If we need to update the specific terms and conditions contained in our contract we will do so at the end of your billing period or with 60 days notice. If you reject the new terms our contract will be cancelled.
In this Agreement words importing the singular number include the plural and vice versa; words importing the masculine gender include the feminine and neuter genders. The word “you” or “person” includes an individual, body corporate, partnership, trustee or trust or unincorporated association, executor, administrator or legal representative.
This text forms part of our standard agreement. Always refer to the specific terms and conditions in our signed contract to those in effect, and enforced by us.