Terms & Conditions
Thanks for choosing to use Ship.getherbert. Ship.getherbert is a tool that will convert your Git source control to SVN so that all WordPress users can benefit from your code with the minimum of fuss.
When we refer to us or we, we are referring to Big Bite Creative Limited, being the company that created and administers Ship.getherbert. Our registered number is 07642287 and our registered office is at Boho One, Bridge Street West, Middlesbrough, TS2 1AE, England. When we refer to you, it’s you the user of Ship.getherbert, or your employer on whose behalf you are using Ship.getherbert.
To enable Ship.getherbert to carry out the task at hand, we will need your WordPress login details and we will store your password securely (please contact us if you want to know what standards we adhere to). We will also store your github login token. Those things we will keep as long as you maintain your registration with us.
Once Ship.getherbert has completed its task, both GitHub and SVN repositories are removed from our server. Ship.getherbert won’t store any code beyond the execution of the task but of course, while it is in our hands, we confirm that we will treat it as confidential to you and we’ll store it securely.
Ship.getherbert is supplied to you on an entirely “as is” basis. We make no representations and give no warranties about Ship.getherbert’s reliability or availability. We promise to try in good faith to make sure that it operates effectively and correctly but we do not guarantee that it will. Whilst we are making it available free of charge with no additional revenue model, we can’t afford to provide the levels of service that you may expect from a commercial solution. But if something does go wrong you can always email us at email@example.com and we’ll look into it.
You agree that we won’t ever be liable to you for any loss of data, opportunity, profits, goodwill or any other form of indirect, special or consequential loss of damage. We will never be liable for anything that goes wrong the cause of which is beyond our reasonable control (stuff like hurricanes, terrorist attacks, alien invasions and what-not). In the event that we breach these terms or are liable to you in some other way (other than our promise to look after you in the event of an allegation that Ship.getherbert infringes somebody else’s rights), our liability to you will be limited to the sum of £100. We know that doesn’t sound a lot, but it’s still infinity times what you’re paying us to use Ship.getherbert, that being nothing.
We know that those last two paragraphs sound drastic but on the other hand, hey, we’re not charging you anything to use Ship.getherbert. Even if we do decide to charge at some later date, or we offer additional services around it, it will always be up to you to decide that you want to purchase those services on whatever terms and conditions apply at that time. Also, although we can’t see any way that it could happen, in the event that our negligence (or the negligence of anybody acting on our behalf) gives rise to death or personal injury or if you suffer harm due to our fraud, nothing in these terms could be interpreted so as to limit or exclude our liability. Not even anything in the previous two paragraphs.
We created Ship.getherbert and we own all the intellectual property rights in it. We promise that if anybody ever comes along and threatens you or sues you as a result of your use of Ship.getherbert (as distinct to the code Ship.getherbert handles for you), we’ll see you right as long as you give us control on your behalf of the dispute and your defence to the allegations made against you.
It’s unlikely but it is just conceivable that in the time that Ship.getherbert is handling your code, we could receive a grumpy letter from a person (or worse, their lawyer) claiming that your code infringes their intellectual property rights or is unlawful for some other reason. If that happens, once we are on notice, we could be liable ourselves so should that situation arise, we may, should we so choose, suspend the task at hand or even terminate your registration. For that reason, you promise that the code Ship.getherbert handles for you won’t infringe the rights of anybody else nor will it be unlawful for any reason and that if anybody does threaten action (or take action) against us because of any alleged infringement represented by your code (or because it is, or is alleged to be, illegal or unlawful in any other way), you will see us right in full - and that will include paying any legal fees (which could be weighty) we incur as a result.
You can terminate your registration to use Ship.getherbert at any time - you don’t need to give us a reason. Just follow the instructions or, if you can’t find them, fire an email over to firstname.lastname@example.org. Likewise, we can terminate or suspend your registration at any time for any reason, even if Ship.getherbert is mid-task. In the event that your registration is terminated, all your details will be removed from our servers save for your name and email address (and any other information we have about you that can help us locate you), which you confirm to be accurate and which we will only keep in the event that the termination has been caused by your use of Ship.getherbert for illicit, illegal or otherwise unlawful purposes or any purposes for which it was not designed.
Some other bits and pieces.
We’re not acting in a partnership with you nor are we acting as your agent or you as ours. You can’t resell the right to use Ship.getherbert (that would be totally not on). You are not our employee and we are not yours.
If we have to send you something in writing, you agree that an email or some other form of electronic communication is fine. We can contact you for this purpose at the email address you give us when you register and you promise to keep that email address accurate and current. If it isn’t and you don’t receive a notification from us as a result, that’s your look-out.
Just because we don’t insist on you complying with these terms at any particular time doesn’t mean we can’t insist on that compliance at some later date. And just because somebody in authority decides that some element of these terms is not enforceable won’t mean that the rest of them aren’t enforceable either. The terms will remain in place without the offending wording and where necessary, you will agree with us some wording that comes as close as possible to doing the same job as the bit that’s been removed.
There’s a law in England & Wales that allows third parties to enforce contract terms that are intended to benefit them. There may be something similar wherever you are if that’s not England & Wales. Insofar as it’s lawful for us to do so, that law is excluded and the only people that can rely on and enforce the terms of our contract with you are us and you. But of course, if there is some other law that overrides this, then that takes precedence.
Ship.getherbert is perfectly lawful to use under the laws of England and Wales and of the European Union. But if you live beyond the shores of this sceptred isle, the law where you are may be different. It’s up to you to make sure that your use of Ship.getherbert is legal wherever you are.
Last but not least, these terms and our contract with you are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the English courts.