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Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern use of the website and services operated by Archiva ("we", "us", "our"). By accessing our website or engaging our services, you agree to be bound by these Terms.

2. Nature of Services

We provide bespoke website design, development, deployment, and optional ongoing management services for clients. Our services may include integration with third-party platforms including Supabase, Netlify, Stripe, YouTube, and Spotify.

We do not operate or control these third-party services.

3. Contractual Relationship

All paid services are governed by a separate Service Agreement. These Terms apply generally to use of our website and outline baseline legal conditions applicable to all clients.

4. Third-Party Services

Our services rely on third-party infrastructure providers. We are not responsible for:

  • Availability or uptime of third-party services
  • Changes to APIs, policies, or functionality
  • Account suspensions or enforcement actions by third parties
  • Data loss or corruption occurring within third-party systems

Use of third-party services is subject to their own terms and policies.

5. Client Responsibilities

Clients are responsible for:

  • Maintaining their own third-party accounts and credentials
  • Ensuring lawful use of all content and data
  • Compliance with applicable laws, including intellectual property and data protection laws
  • Ensuring content complies with this Agreement and our Acceptable Use Policy

6. Content Ownership and Responsibility

Clients retain full ownership of all content, data, and media uploaded or processed through their website.

Clients are solely responsible for ensuring that all content:

  • Does not infringe third-party rights
  • Is lawful and compliant with applicable regulations
  • Complies with platform policies (including API usage rules)

We do not monitor or verify Client content unless explicitly agreed under a Managed Services plan.

7. Acceptable Use

Use of our services is subject to our Acceptable Use Policy. Prohibited content includes, but is not limited to:

  • Pornographic or sexually explicit material
  • Hate speech, racism, or discriminatory content
  • Content promoting violence, extremism, or illegal activity
  • Harassment, abuse, or defamatory material
  • Content that infringes intellectual property rights

We reserve the right to suspend or terminate services where this policy is breached.

8. Managed Services and Content Handling

Where a Managed Services agreement is in place, we may assist with:

  • Content organisation and uploading
  • Structuring and maintaining media libraries
  • Ongoing updates and platform maintenance

Such services are performed strictly on the Client's instructions. We do not assume ownership or legal responsibility for Client content.

We reserve the right to refuse to process content that may breach applicable law, third-party platform rules, or our Acceptable Use Policy.

9. Service Tiers and Limits

Where applicable, services are provided under defined usage limits. These limits are enforced technically. If a Client exceeds their allocated limits, the system will prevent further usage until:

  • The Client reduces usage, or
  • The Client upgrades to a higher plan

10. Suspension for Non-Payment

If payment is not received within 30 days of the due date, we reserve the right to suspend Managed Services and/or website functionality until outstanding balances are paid.

11. Intellectual Property

We retain ownership of all underlying code, systems, and methodologies used to build and operate services.

Clients retain ownership of:

  • Their content
  • Their branding
  • Their data

Clients are granted a licence to use the delivered system for their internal or commercial purposes.

12. Data Protection

Where we process personal data on behalf of Clients, we act as a data processor and the Client is the data controller.

We will:

  • Process data only under Client instruction
  • Apply reasonable technical and organisational safeguards
  • Not use Client data for independent purposes

13. Confidentiality

We treat all Client data, credentials, API keys, and business information as confidential and will not disclose them except where required to deliver services or by law.

14. Disclaimer

Services are provided on an "as is" and "as available" basis. We do not guarantee:

  • Uninterrupted or error-free operation
  • Compatibility with all third-party services
  • Specific commercial outcomes or performance

15. Limitation of Liability

To the maximum extent permitted by law, we are not liable for:

  • Loss of data within third-party systems
  • Service interruptions caused by external providers
  • Loss of revenue, business, or opportunity
  • Issues arising from Client content or misuse of services

Our total liability is limited to fees paid by the Client in the preceding 12 months.

16. Termination

We may suspend or terminate access to services if:

  • The Client breaches these Terms or the Service Agreement
  • The Client engages in prohibited or unlawful activity
  • Payment obligations are not met

Clients may terminate Managed Services with notice as defined in their Service Agreement.

17. Changes to Terms

We may update these Terms from time to time. Continued use of our services constitutes acceptance of the updated Terms.

18. Governing Law

These Terms are governed by the laws of England and Wales.

19. Contact

Charlie@archiva.tv