Last Updated: October 2025
1. Definitions
1.1 “activ Marketing” refers to the service provider offering the activ Thrive subscription service.
1.2 “activ Thrive” refers to the subscription-based service for websites and digital marketing provided by activ Marketing.
1.3 “activ Flow” refers to an additional service that may be included in certain activ Thrive plans, subject to separate terms and conditions.
1.4 “Customer” or “You” refers to the individual or business entity subscribing to activ Thrive services.
1.5 “Services” refers to all website design, hosting, maintenance, and digital marketing services provided under activ Thrive.
1.6 “Subscription Period” refers to the duration of your activ Thrive subscription.
2. Subscription Terms
2.1 Initial Contract Period: All activ Thrive subscriptions commence with an initial fixed term of twelve (12) months from the date of activation (“Initial Period”).
2.2 Rolling Contract: Following the completion of the Initial Period, your subscription will automatically convert to a monthly rolling contract, continuing on a month-to-month basis until terminated in accordance with Section 8.
2.3 Payment Terms: Subscription fees are payable monthly in advance via the payment method provided during registration. All fees are subject to VAT at the prevailing rate.
2.4 Price Changes: activ Marketing reserves the right to adjust subscription fees with at least thirty (30) days’ written notice to the Customer.
3. Intellectual Property Rights
3.1 Website Ownership: All websites created under activ Thrive subscriptions remain the sole intellectual property of activ Marketing at all times. This includes, but is not limited to:
- Website design and layout
- Custom graphics and visual elements
- Code, scripts, and programming
- Templates and frameworks
- Website structure and architecture
3.2 Content Ownership: Customers retain ownership of their own original content, including text, images, logos, and other materials provided to activ Marketing for use on the website.
3.3 Non-Transferability: Websites created under activ Thrive are non-transferable and cannot be moved to another hosting provider or platform without the express written consent of activ Marketing. Upon termination of the subscription, the Customer does not acquire ownership rights to the website.
3.4 Licence to Use: During the active subscription period, the Customer is granted a non-exclusive, non-transferable licence to use the website for their business purposes.
4. Service Inclusions
4.1 activ Thrive subscriptions include the services as specified in your chosen plan, which may include:
- Website hosting and maintenance
- Security updates and backups
- Technical support
- Digital marketing services
- Content management system access
4.2 Specific inclusions will be detailed in your subscription plan documentation.
5. Template Changes
5.1 Change Fee: Should a Customer wish to change their website template during the Subscription Period, a fee of £200 plus VAT will be charged.
5.2 Change Process: Template change requests must be submitted in writing to activ Marketing. The change will be implemented within a reasonable timeframe following receipt of payment.
5.3 Limitations: Template changes are subject to availability and technical feasibility. activ Marketing reserves the right to decline a template change request if it is not compatible with the Customer’s current plan or technical requirements.
6. activ Flow Terms
6.1 Where a Customer’s activ Thrive plan includes activ Flow services, the separate terms and conditions governing activ Flow shall apply in addition to these Terms and Conditions.
6.2 In the event of any conflict between these Terms and the activ Flow terms, the activ Flow terms shall prevail in relation to activ Flow services specifically.
7. Customer Obligations
7.1 Customers must provide accurate and complete information during registration and maintain the accuracy of such information throughout the Subscription Period.
7.2 Customers are responsible for maintaining the confidentiality of their account credentials.
7.3 Customers must use the Services in compliance with all applicable laws and regulations.
7.4 Customers must not use the website for any unlawful, harmful, or abusive purposes.
7.5 Content and Copyright Compliance: Customers warrant that all content, images, text, graphics, logos, and other materials provided to activ Marketing for use on their website:
- Are owned by the Customer or used with proper authorisation
- Do not infringe upon any third-party intellectual property rights, including copyrights, trademarks, or patents
- Are appropriately licensed for use on the website
7.6 Indemnification: The Customer agrees to indemnify and hold harmless activ Marketing from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:
- Any breach of the copyright warranty in clause 7.5
- Use of copyrighted, trademarked, or otherwise protected material without proper authorisation
- Any third-party claims related to content provided by the Customer
7.7 The Customer acknowledges that they are solely responsible for ensuring all materials provided comply with copyright laws and regulations, and activ Marketing accepts no liability for any copyright infringement claims arising from Customer-provided content.
8. Termination
8.1 Termination During Initial Period: During the twelve (12) month Initial Period, early termination by the Customer will require payment of all remaining monthly fees for the Initial Period.
8.2 Termination After Initial Period: Following the Initial Period, either party may terminate the subscription by providing thirty (30) days’ written notice.
8.3 Termination by activ Marketing: activ Marketing may terminate this agreement immediately if:
- The Customer breaches any material term of these Terms and Conditions
- Payment is not received within fourteen (14) days of the due date
- The Customer uses the Services for illegal or prohibited purposes
8.4 Effect of Termination: Upon termination:
- All access to the website and Services will cease
- The website will be taken offline
- No refunds will be provided for any unused portion of the subscription
- The Customer does not acquire any rights to the website or its components
9. Support and Maintenance
9.1 activ Marketing will provide technical support during normal business hours via the support channels specified in your plan.
9.2 Included Support: The subscription includes support for minor changes and technical assistance that can be completed within ten (10) minutes per request.
9.3 Additional Work: Any changes, modifications, or support requests that require more than ten (10) minutes to complete will incur additional charges at activ Marketing’s standard hourly rate, which will be communicated to the Customer before work commences.
9.4 activ Marketing will perform regular maintenance, updates, and backups as part of the subscription service.
9.5 Response times for support requests will vary depending on the nature and urgency of the issue.
10. Liability and Warranties
10.1 Service Availability: Whilst activ Marketing strives to maintain continuous service availability, we do not guarantee uninterrupted access and will not be liable for downtime due to maintenance, technical issues, or circumstances beyond our control.
10.2 Limitation of Liability: activ Marketing’s total liability under these Terms shall not exceed the total amount paid by the Customer in the twelve (12) months preceding the claim.
10.3 No Consequential Damages: activ Marketing shall not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the Services.
10.4 Warranties Disclaimer: Services are provided “as is” without warranties of any kind, either express or implied, except as required by law.
11. Data Protection
11.1 activ Marketing will process personal data in accordance with applicable data protection legislation, including the UK GDPR and Data Protection Act 2018.
11.2 Our Privacy Policy, available on our website, provides details on how we collect, use, and protect your data.
12. Modifications to Terms
12.1 activ Marketing reserves the right to modify these Terms and Conditions at any time.
12.2 Customers will be notified of material changes via email at least thirty (30) days before such changes take effect.
12.3 Continued use of the Services following notification of changes constitutes acceptance of the modified Terms.
13. General Provisions
13.1 Governing Law: These Terms and Conditions are governed by the laws of England and Wales.
13.2 Jurisdiction: Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13.3 Entire Agreement: These Terms constitute the entire agreement between activ Marketing and the Customer regarding activ Thrive services.
13.4 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
13.5 No Waiver: Failure by activ Marketing to enforce any right or provision shall not constitute a waiver of such right or provision.
13.6 Assignment: Customers may not assign or transfer their rights under these Terms without prior written consent from activ Marketing.
14. Contact Information
For questions regarding these Terms and Conditions or activ Thrive services, please contact:
activ Marketing
The Cottages, Jones Court
Womanby Street
Cardiff
CF10 1BR
By subscribing to activ Thrive, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.