‘We’, ‘Us’ or ‘Our’ - Refers to Create Internet Ltd (trading as Viva!)
‘Site’ - means the public area of viva.website
‘User’, ‘You’ or ‘Your’ - means a person who uses our Site or has registered to use our Services
‘Registration Process’ - the online actions required in order to become a User
‘Account’ - means any area of viva.website that you manage which requires you to log in using your designated login details
‘Subscription’ - refers to any paid services or features that Viva! offers that requires an online payment by a user
‘Personal Data’ - means any information that can personally identify an individual
‘End Users’ - the users and the visitors of your website created through Viva!
‘Data Protection Laws’ - refers to all laws and regulations, including laws and binding regulations of the UK (including the UK Data Protection Act 2018) and European Union (including the General Data Protection Regulation & the e-Privacy Directive 2002/58/EC)
You shall only be eligible to use the Services if:
- You are legally capable of entering into binding contracts;
- Where registering for the Services on behalf of a corporate entity, you have the necessary authority to bind that corporate entity;
- You are 18 years old or over;
- The information you have provided to set up an account is true and accurate; and
- Your use of the Services has not been suspended or terminated.
Registration to The Service
Access to all of the Services is restricted, and is offered via registration through https://edit.viva.site/. Registration requires certain information which enables us to verify your identity. Without this information, you are not able to register to our Service. Each individual email address can only be used once during the Registration Process and cannot be used for multiple Viva! Accounts.
Once Registration to the Service has been completed, you will be required to verify your email address in order for access to our Service to be granted. An email will be sent to the address you provided during the Registration Process containing instructions on how to verify your email. Please note, until email verification has been completed, you will not be considered a User.
If you do not accept the invitation to verify your email, you will not be considered a User and will not have access to our Service. These Terms will be applied to the parties during the Registration Process. We reserve the right to refuse access to our Service at any point during registration.
During the Registration Process, you will have the choice to select a subdomain for use with your Viva! Website. Please note that if registration is not completed or your application is not accepted, you will not reserve the right to the subdomain submitted during the Registration Process. For more information on this, please refer to ‘The Service’ section of these Terms.
After registering for the Services through our online process, you will be given access to the Site and the Services via the Single Sign-On (SSO) option(s) or using the email and password you have chosen during registration. If you know or suspect that anyone other than you or a third party whom you are permitted to give access, knows your login details, you must promptly reset your password by visiting https://edit.viva.site/ or if you used SSO during the registration, you must visit or contact Google or Facebook (respectively) and follow the relevant instructions to reset your password.
All applications are subject to acceptance by us and acceptance to our Service will be confirmed by us via email. Once Registration to the Service has been confirmed, you will become a User of the Service.
Upon being accepted as a User, you will be granted access to the following services:
- A package of templates;
- Services and website development;
- Design and management tools; and
- Internet hosting.
You are entitled to build, and will be provided with hosting services, for one website per registered Account. If you require more than one website you will need to register for an additional accounts under separate applications via the Registration Process. Please note there are further features of the Service only accessible via Subscription.
You are able to access support on the Site via the Resources section on our Site. We do not provide on-site or telephone support under these Terms. Any additional services for maintenance are subject to separate agreement. Any additional or new Services we provide to you whilst registered as a User or Subscriber are subject to these Terms.
As part of the registration process, you are provided with a subdomain of viva.site to be used as your Viva! website domain. As stated in the ‘Registration to The Service’ of these Terms, you will be able to select the subdomain to use, pending availability, during the Registration Process and we will take the relevant action to ensure it is set up correctly for use. Once you have selected a subdomain (and your Registration to the Service has been completed) you are entitled to use that subdomain with your Viva! website and no other user will have access to that subdomain.
By agreeing to these Terms, you acknowledge that Create Internet Ltd will own all rights to any subdomains set up through viva.website and at no point will any User own the subdomain selected.
After registering for the Services, there is an option to make online payment via our payment processor which grants access to further features; this forms the “Subscription”. The details, which include the price of the Subscription, frequency of payment and details of the features, will be set out at the time of purchase. Once the payment for the Subscription has been successful, you will be notified by email (“Subscription Confirmation”) and will be granted access to the Services as advertised upon purchase. If the Subscription is a recurring payment, payment for the Subscription will be required at the set frequency detailed at the time of purchase.
Price And Payment
In the event that there is an obvious error in the price quoted at the time of Subscription, we will take steps to rectify such error. You acknowledge that we are under no obligation to provide the features or services of the Subscription to you at any incorrect price, even after we have sent you a Subscription Confirmation.
Payment for all Services must be made in advance by credit or debit card via 'Stripe' only, on the original date specified upon purchase and the subsequent dates thereafter as dictated by the frequency of payment, and agree that we will automatically debit payment from the debit or credit card you have provided to us, as detailed in the Subscription Confirmation. If payment for the Subscription fails, access to the services and features of the Subscription will be immediately revoked until a successful Subscription payment has been made.
We reserve the right to change the Subscription price at any given time providing that 30 days notice has been provided to you via email. During the 30 day notice period, you are entitled to end the Subscription with immediate effect if you do not agree with any of the proposed changes and a pro-rata refund will be issued based on unused time of the Subscription. Should you not exercise your right to terminate the Subscription within the 30 days notice period, we will take this as consent to the proposed Subscription changes.
Other than as expressly set out in these Terms, we do not provide refunds for any unused time in relation to the Subscription. In particular, no refunds are available if cancellation occurs as a result of your breach of these Terms.
Use Of Our Site, Services and Software
You and any person, who you permit to use the Site or Services we provide to you, must only use the Site and Services for lawful purposes. You or any person who you permit to use the Site or Services must not use the Site or Services:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm any person, business or entity in any way;
- To publish material that is obscene or offensive to the Viva! Community or which is defamatory, racist, abusive or threatening;
- To undermine the Services we may provide to you;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying code used on our site.
You or any person you permit to use the Site or Services also agree:
- Not to use the information contained on the Site or provided to you through the Services for any service which we consider to be competitive to our Services; and
- Not to reproduce, duplicate, copy, sub-licence, broadcast, distribute, sell, rebrand, or re-sell any part of our site or any content or information on our Site or provided to you through the Services, in contravention of the provisions of these Terms.
- Not to access without authority, interfere with, damage or disrupt any part of our Site, any equipment or network on which our site is stored, any software used in the provision of our Site; or any equipment or network or software owned or used by any third party.
- Not to behave in a manner which we consider to be abusive or threatening towards our staff or any persons who form part of the Viva! Community.
In the event that you or any person you permit to use the Services we provide to you, do not use the Services in accordance with this section, or you or any person you permit to use the Services we provide to you modifies the information provided to you through the Services, you will be responsible for any loss you suffer or suffered by third parties as a result of such changes on your website. We will not be liable for any loss suffered.
If during your use of the Services, or any person you permit to use the Services we provide to you fails to comply with these Terms, the Licence (defined below) or any guidelines or policies surrounding the use or conduct of subscribers, we may take such action as we determine appropriate including the suspension or termination of your Registration to the Service, including your Subscription, or deletion of offending content.
You will indemnify us on a full indemnity basis for any costs, damages and charges incurred by us as a result of the way in which you or any person you permit to use the Services we provide to you uses the Services.
Cancellation, Refunds & Suspension
You may cancel your Registration to the Service at any time by emailing us through our contact form.
Either party may terminate your Registration to the Service and/or Subscription providing the other with notice up until the day before your next recurring Subscription payment. Once the cancellation notice has been received, no further Subscription payments will be due or debited.
You may cancel your Subscription within fourteen working days beginning on the day after you received the Subscription Confirmation, by providing notice via email through our contact form. Upon receiving notice from you, you will receive a full refund of the price paid for the Subscription within 14 calendar days of providing notice of your intention to cancel.
Please note, no pro-rata refunds will be given for any unused time if the cancellation is made outside of this 14 day notice period. Once Registration to the Service has been cancelled, we will store the content in your account unless specifically requested by yourself in writing.
We also reserve the right to suspend or terminate your Subscription and/or Registration to the Service if we believe you have breached these Terms in any way, specifically the ‘Use of our Site, Services & Services’ section of these Terms. Upon suspension and/or termination, we will contact you by email which will detail the reason for suspension and/or termination. The provisions of this clause does not affect your statutory rights.
The provision of the Services will require you to use our software ("Software") in accordance with this section. This section of the Terms forms a Licence agreement ("Licence") between you and us for any Software provided via our Site, the Services and together with any associated media and online documentation ("Documentation"). By accepting these Terms you are agreeing to the terms of this Licence which will bind you. If you do not agree and comply with these Terms, we will not Licence the Software and will be unable to provide you with the Services.
In consideration of you agreeing to abide by the terms of the Licence, we hereby grant to you a non-exclusive, licence to use the Software and the Documentation in relation to developing your website only. You may not sub-license the Licence to third parties unless prior consent is gained from us.
If the Software fails, contact us and we shall use our reasonable endeavours to remedy the defect. If you are a consumer, and we are unable to repair the defect and the defect leaves you unable to use the Services you will be able to terminate the Agreement immediately and we will refund you any monies (on a pro rata basis) that you have paid for when unable to use the Services. Please note that we will not be liable for any loss (whatsoever) suffered as a result of the Software not working.
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
- not to copy the Software or Documentation;
- not to rent, lease, loan, translate, merge, adapt, vary or modify the Software or Documentation;
- not to sub-licence the Software or Documentation, unless you provide Details of the person to whom the sub-licence relates;.
- not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things;
- not to provide, or otherwise make available, the Software or Documentation in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.
You acknowledge and you procure that any applicable third party acknowledges that all intellectual property rights in the Software and the Documentation belong to us, and that rights in the Software or Documentation created by your use are owned by us and are licensed (not sold) to you. You acknowledge that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this Licence.
You procure that the rights in the Software or Documentation created by the use of any sub-licensee shall be assigned or transferred to us, and agree to indemnify us for any losses we suffer as a result of your failure to comply with these Terms.
The Licence together with any rights to sub-licence will cease upon termination of this Agreement and you will have no continuing rights to use the Software or the Documentation. You acknowledge that you or any person you sub-licence the use of the Software or Documentation to, has no right to have access to the Software in source code form or in unlocked coding or with comments.
We warrant that whilst Registered to the Service, the Software will, when properly used, perform substantially in accordance with the functions described, and that any descriptions of the operation of the Software are accurate in all material respects. We will exercise reasonable care to ensure that the Software is free of any viruses, errors and bugs and will indemnify you for any loss suffered as a result of our failure to exercise such reasonable care. In the event that we have exercised such reasonable care but you experience viruses, errors or bugs we will not be responsible or liable for any loss suffered and this will not constitute a breach of this Licence.
You agree to indemnify us for any losses we incur as a result of your failure, or the failure of any person to whom you sub-licence the use of the Software or Documentation, to comply with the Terms.
We warrant to you that any Services provided by us, paid or otherwise, is of satisfactory quality and reasonably fit for all the purposes for which Services of the kind are commonly supplied. Our liability for losses you suffer as a result of a breach of these Terms (including deliberate breaches) is strictly limited to the purchase price of the Subscription you purchased or total fees payable at the time of the breach (whichever the greater).
This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
We cannot guarantee the accuracy of any content on the Site or in the Services where such content has been provided by a third party and we shall not be liable to you for any reliance you place on information on the Site or provided through the Services, where such information has been provided by a third party.
The nature of the Services means that you are unable to own a copy of your website. If the Services change and we are unable to continue to host your website, you will lose it. You acknowledge that we will not be liable for this and we accept no liability for any loss of data. We strongly recommend that you keep copies of any information you upload onto your website.
We cannot guarantee that the Services will meet your requirements or expectations, or that the Services will be uninterrupted, timely secure or error free.
By agreeing to these Terms, you agree to comply with all applicable laws and regulations of the country in which the Services are to be used. We will not be liable for any breach by you of any such laws and you agree to indemnify us for any losses we suffer as a result of your failure to comply with the relevant laws.
When using the Site or our Services, you accept that communication with us will be electronic. We will contact you by email or provide you with information by posting notices on our Site and/or in your Viva! account. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be emailed through our contact form. We may give notice to you at the email provided to us when Registering to our Service. Notice will be deemed received when that such email was sent to the specified email address of the addressee and has left the sender's outbox.
Events Outside Our Control
Neither party will be liable or responsible for any failure to perform, or delay in performance of, any of their obligations under these Terms that is caused by events outside their reasonable control (Force Majeure Event), without limitation.
If we fail, at any time during the term of your Subscription, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms or any provisions of a subscription are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
We have the right to revise and amend these Terms from time to time as set out in these Terms. Any such changes shall be notified in writing or posted on our Site and shall not be implemented until 30 days has elapsed. You shall have the right to terminate your Registration to the Service and/or Subscription within 30 days from the date we provide you notice of and we will refund you any monies paid for Services not yet received. Where you do not notify us within the 30 day period, and continue to use the Services, your continued use of the Services shall constitute consent to such change.
Law And Jurisdiction
Agreements for the purchase of Services through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such agreements or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you would like to get in touch with us please send an email through the form on our contact page and we will get back to you as soon as possible. Alternatively, if you would like to write to us, our address has been copied below:
Create Internet Ltd (Viva!)
Unit 5 Westergate Business Centre
As a service that allows users to build and manage their own websites, Viva! does not have control of the content that is added by its users. If you would like to make a complaint against a Viva! user in regard to any content that has been uploaded or any other complaints, please email us, ensuring you provide all relevant information within the email. Once we have received your complaint, we will get back to you as soon as possible.