Terms and Conditions

Wyoh Ltd, trading as Postsandads.com, is registered in England and Wales under company number 12702526 with its registered office at 77 Avery Hill Road, London, England, SE9 2BJ. In these terms and conditions of business (“&Cs”), ‹Postsandsads.com”, “we”, “our” or “us” refer to WYOH Ltd (including successors and/or assigns). “You”, “your” or similar terms mean the person using and/or accessing the Services (as stated in the order form), including employees and other permitted third parties (as applicable).

This Contract will govern your access to and use of all our products, software, services and website collectively known as "Services". It will also apply to any Content such as information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services. If you use the Services or Content then you agree to be exclusively bound by this Contract and accept its terms. If you do not agree with the Contract then you must not access or use the Services and/or Content in any way.

If a conflict should arise concerning the terms of our Contract and the documents it refers to, our Service Level Agreement shall take precedence, followed by the Order Form and then by the Terms & Conditions and Data Protection Addendum in that order.

By accessing and using the Services, you agree to Postasandads.com collection and use of personal data as outlined in their Privacy Policy (https://www.postsandads.com/privacy-policy). Ensure that you have obtained the appropriate consent before confirming this agreement.

The Services

The usability of the Services and any data accessed or shared through your account (even if such access or sharing is done by another entity) lies in your hands. Be aware that you are responsible for all risks connected to this. Postsandads.com is not legally accountable for any consequences of your use of the Services or Content.

To use the Services, you must be able to legally commit to Postsandads.com and not be prohibited from receiving them under any applicable laws. You assure that you have the capability and authority to enter a legally binding agreement with us.

You acknowledge that as part of this Contract, you agree to comply with the applicable terms and conditions of any Third Party Service Providers whose content and services are found on the Services.

You must abide by these T&Cs whenever using the Services. In case of any major violations, we can ban you from accessing and using the Services at any time without prior notice as per the provisions of our T&Cs.

You agree that any entities of your group who utilise the Services, be they those specified on the order form or those for whom we have expressly given our permission, shall always be subject to these T&Cs and you vow to make sure that they comply with them. For all their activities and inactions, you take complete accountability.

By agreeing to this Addendum, you and we commit to upholding all data protection requirements concerning the Services and the Contract.

Postsandads.com will provide the Services in line with any Postsandads.com SLA currently in effect (which can be found annexed to the order form on our website). Should we fail to meet the Monthly Uptime Percentage or support targets stated in it, this does not constitute a material breach of the Contract. The Postsandads.com SLA will only apply during the active period of the Contract.

Your Account

You will need to supply us with your legal name, address for notices, valid email address and contact details of an authorised representative. Additionally, you must also give us any other information that we may request to finish off the account registration operation.

You are accountable for keeping the confidentiality of your account credentials and any accesses or activities occurring under your account (e.g. social media verification). To provide extra protection, Orlo advises using a “strong” password – one that consists of upper and lower case letters, numbers and symbols. Should you not comply with this obligation, Postsandads.com will not bear responsibility for any resulting losses or damages.

The number of accounts allocated should be stated on the order form. Each account must only be used by one individual. Sharing a single login among multiple people is strictly prohibited and Postsandads.com reserves the right to keep a record of how the logins are used. If it is found that several people have been accessing a single login, Postsandads.com will charge for any extra user licenses.

Terms, Use and Restrictions

We agree to provide the Services for as long as the order states. We run a 30 day rolling contract after the initial free trial, you can cancel bby email to matthew@postsandads.com

You must not employ the Services for any illegitimate or prohibited purpose, which includes anything that breaches copyright, privacy or other rules relevant in England and Wales or which relate to you.

You are not permitted to utilise the Services in any way that could be detrimental to their functioning or impact the access or utilisation of the Services by anyone else. This includes any action that may interfere with the normal operations of the Services, such as hacking, deleting, augmenting, or modifying any Content.

Without prior written permission from Postsandads.com, you are forbidden from copying, distributing (which includes including the Services on any website), changing, supplementing, translating, reselling, granting sub-licenses to rent or lease the Services, and attempting to make use of them in ways stated otherwise. Additionally, you are not allowed to decompose, dissemble, reverse engineer or attempt to uncover the source code except when legally ineligible to do so. Making derivative works of the Services is also prohibited as well as modifying a different website in a way that suggests association with the Services or other Postsandads.com goods and services.

Content

Through the use of the Services, you may come across Content that is illegal, offensive, damaging, incorrect, or otherwise inappropriate or suspicious. Postsandads.com does not go through a prior approval process for Content and thus cannot take responsibility for Content accessed or accessible by others via the Services.

Postsandads.com and its designees reserve the right to refuse or erase any Content from the Services at their own discretion. Likewise, Postsandads.com may also eliminate Content and accounts with content they deem unlawful, offensive, biased, or inappropriate (for instance, libellous material, pornography, foul language or infringing upon a third-party's right to intellectual property).

You must not use the Services to upload, post, host, transmit or otherwise make available any unsolicited email, SMSs or other messages that are unlawful. Doing so would be considered as "spam".

Do not disseminate or provide to anyone else worms, viruses, or any type of destructive code (“Viruses”) using the Services.

Payment Matters

Payment for services shall be made by bank transfer or automatically via card through stripe on a monthly bases, all packages are subscriptions and as such will be charged monthly.This will be indicated on the order form and any changes of payment method must be agreed in writing prior to adjustment.

At Postsandads.com discretion, purchased services can be refunded.

The fees specified in the order form do not include VAT or any equivalent taxes, levies, withholdings or duties imposed by taxation authorities in other jurisdictions. You are responsible for making these payments over and above the designated fees.

It is important for Postsandads.com to be aware of the country of your business so that we can understand our responsibilities to any relevant taxation agencies.

Any fees or other sums due to Postsandads.com shall be settled in pounds sterling without right of set-off, counterclaim or delay. Payments must be made in full and cleared funds through telegraphic transfer.

If you make a late payment, Postsandads.com will charge interest at 4% above the current Bank of England base rate, as well as any other costs or expenses.

Modifications to the Services and Prices

Postsandads.com may alter the Services, their format, or the way in which they are delivered, from time to time. Whenever possible, the customer will be informed of these changes; anything released that impacts these Services, be it new features, resources or tools, shall still be bound to these T&Cs.

Prices for Services are detailed on the website. (or as amended in writing later on).

Postsandads.com may adjust Service prices upon 30 days' notification sent to the customer's details given on the order form. This will be done in writing.

Suspension Cancellation and Termination

Postsandads.com will make every effort to grant customers continuous access to the Services, albeit at times maintenance or any other extenuating reasons (at our own assessment) may cause suspensions or termination with no prior notification. To reduce impact on regular business activities in the UK, we'll try to execute repair work outside 8:30am-5pm Mon-Fri excluding public holidays; however this is not always possible.

Postsandads.com reserves the right to halt or reduce your access to the Services if it so desires and is not liable for any valid reason (in our sole discretion). This could include:

Should you choose to end the Contract prior to it reaching its planned conclusion (including any extensions made previously), you will remain accountable for all fees and expenses that must be paid over the time period of the initial agreement.

The cancellation will come into effect immediately and Postsandads.com will delete all of your Content from the Services. Please be aware that once you cancel, it is impossible to recover your Content.

In the event that your Agreement is concluded for whatever reason, Postsandads.com will erase all of your Content from the Services at its close. After shutting down your account, retrieval of your Content will not be feasible.

Postsandads.com disclaims all liability for any kind of Content lost resulting from an account cancellation or termination.

In the event of you violating the Contract, Postsandads.com reserves the right to terminate it without need for any liability.

(b)failing to fulfill your contractual obligations
(c)Not giving us the money that is owed.
(d)ending or threatening to end a significant section of your operations
(e)Failure to meet payment to creditors in your jurisdiction may lead to insolvency proceedings or a scheme of arrangement being implemented.

The conditions concerning utilisation and limitations, payment concerns, suspension, cancellation and termination, property and licenses, disclaimer and restriction of liability along with all other stipulations that endure in nature shall outlast the end of this Contract.

Ownership and Licenses

Postsandads.com reserves all legal rights, title and interest regarding any kind of intellectual property (including copyright, trademarks, patents, trade secrets and other forms of intellectual property) related to the Service and Postsandads.com Content. You are not granted any additional rights aside from the limited right to use the Service as outlined in these Terms & Conditions. All other rights remain with Postsandads.com.

You acknowledge that attempting to assert intellectual property rights in or over the Services and/or our Content is not allowed, and that publishing or reproducing any part of them is prohibited.

If you find out that anyone is infringing, going to infringe or attempting to infringe our intellectual property rights, it's important that you tell us at once and pledge to follow our reasonable instructions as we work to safeguard them.

By posting Content to Postsandads.com through the Services or making it available to others on the Platform, you acknowledge that you are granting Postsandads.com a worldwide, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your Content through any and all media or distribution methods (whether now known or hereafter developed). Furthermore, you understand that the purpose of the Services is to connect with Third Party Service Providers; in doing so you agree to grant Postsandads.com any and all rights that you may grant applicable Third Party Service Providers.

By using an Postsandads.com with the Service, you consent to comply with the applicable terms and conditions of the Third Party Service Provider to which you are linking.

By agreeing to post an orlo.uk link, you accept that the target site may be presented in a frame, along with commercial content and resources relevant to the Services.

Disclaimer and Limitation of Liability

This section lays out the entire financial responsibility of the parties, which includes any wrongdoing by their employees, agents or subcontractors.

(a) Any violation of the Contract, regardless of its origin.
(b) Any utilization of the Service and/or Content by you
(c) Any representation, statement, or act or omission (including negligently committed) that is related to the Agreement will be held liable.

The terms and conditions of this agreement shall not preclude either party from being held liable for:

(a) death or personal injury resulting from recklessness
(b) Deceit, deception, fraud or misrepresentation
(c) In violation of the stipulations set out in section 12 within the Sale of Goods Act 1979.
(d) A violation of section 2 of the Consumer Protection Act 1987.

No matter the circumstances, neither party shall be held responsible to the other due to contract, tort (including negligence), restitution, breach of statutory duty, misrepresentation or any other action.

(a) loss of profit
(b) loss of goodwill
(c) loss of business
(e) decreased market share or business opportunity
(f) loss of anticipated savings
(g) damage, destruction, or loss of data or information.
(h) Any harm done to a party, due to this Contract, be it direct or indirect, special or commonplace, shall not go unacknowledged.

Postsandads.com overall responsibility arising from this Contract - whether due to contract, tort (including negligence), restitution, breach of legal responsibility or misrepresentation, or otherwise - shall be limited to the sum which you have given to Postsandads.com in the preceding 12 months (or less) regarding the Services.

Without prejudice, your liability under or in relation to this Contract, whether arising from contract, tort (including negligence), restitution or breach of statutory duty, misrepresentation or any other reason shall never exceed an amount equal to the total charges paid and payable during the Initial Term or Additional Term in which the breach occurred with no deduction from amounts already settled or those owing under the Contract.

This clause shall not restrict or limit the legal duty to reduce any losses that may be incurred due to a potentially liable situation.

I will not reduce or interfere with your payment requirements as specified in the Agreement.

Postsandads.com shall not bear responsibility towards you or any other entity in the occurrence of a tweet or any other social media content not being released by us for any motive. You are the sole possessor in charge of ensuring that such posts are regularly issued.

It is clear that Postsandads.com shall not be held responsible to you or any other individual for price adjustments, inhibition, restriction, or complete cessation of the Services.

Postsandads.com takes no responsibility or liability for any costs, expenses, losses or damages you may incur due to breach. This includes any liabilities resulting from negligence on your part.

Neither party shall be advantaged by the limitations and exclusions detailed in this clause I with regards to any legal responsibility stemming from their deliberate breach.

General

Paying account holders are given access to technical support, which can be reached via live chat, telephone and email during operating hours.

By getting in touch with our customer service team, you acknowledge and agree that any material (including personal data) is only provided in accordance with the Data Protection Addendum and that anything confidential, commercially sensitive or valuable shall not be sent to us.

You comprehend that Postsandads.com relies on third party vendors and hosting partners to supply the hardware, software, networking, storage, and other technology required to run the Services.

You comprehend that for technical purposes, the Services along with your Content may need to be handled and sent without encryption. This could involve broadcasting over a variety of networks, and alteration to satisfy the necessities of linked networks or gadgets.

Either party will not be considered in breach of the Contract or liable for any failure to perform its obligations if prevented, hindered or delayed due to a force majeure event. The time period for performing these duties will be extended in light of the circumstances.

Postsandads.com reserves the right to not exercise or enforce any right or provision of these Terms and Conditions without it being considered a waiver. Printed versions of the T&Cs and notices given electronically will be accepted in any judicial or administrative proceedings involving these Terms, on the same terms as business documents created and kept in printed form, provided that Postsandads.com has the authority to make changes to them.

Should any of the provisions within these T&Cs be deemed invalid, void or unenforceable by a court of competent jurisdiction, such provision shall be enforced to its fullest extent in order to accomplish the intent of the T&Cs. This determination will not have any impact on the remaining terms.

You may not transfer these T&Cs or any of your liberties or duties under the Contract. Without limiting the above, these T&Cs will be beneficial and applicable to you, Postsandads.com and our future successors (such as any beneficiary due to consolidation) and recipients.

Notices issued will be in written form. Delivery can occur through either hand delivery, first-class post or another business service that guarantees next day delivery to the recipient's registered office (if a company), or their main office (in any other case).

If notice is to be served by post outside the country where it originates, it must be sent by registered airmail.

Send via email to: support@postsandads.com

The Contract is a comprehensive document which renders all former agreements, pledges, guarantees, warranties, declarations and understandings between us, spoken or written, ineffectual to the subject matter. You accept that upon accepting to buy the Services and being bound by the Contract, you have no right to seek out redress for any declaration (whether done intentionally or negligently) which is not specified in the Contract.

A person who is not a signatory to the Contract does not have any rights pertaining to it, or associated with it.

The Contract does not establish any partnership or joint venture between the parties, nor confer any authority to act on behalf of or bind the another.

You agree to follow our rational directions occasionally concerning the Services and commit to conducting yourself in good faith with regards to any component of the Services, such as these T&Cs.

You agree to release and keep us released from all losses, damages, liability, costs (including legal fees) and expenses brought about by a breach of data protection, and infringement of our intellectual property rights.

The Contract shall be governed and interpreted according to the laws of England and Wales. Furthermore, you accept that any dispute or claim linked to it or its content, in either a contractual or non-contractual way, shall be settled by the courts of England and Wales exclusively.

In England and Wales, the law applies to your use of Services regardless of where you live or are located. Likewise, the Services may only be used in places where it is legally allowed.

The wording of these Terms and Conditions should be taken into account when seeking to interpret them. It is important to read all the clauses before deciding what they mean.