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Terms & Conditions
The following terms of business apply to any or all
of the domain name registration, web site hosting, email and Secure
Commerce System services (together "Services" and individually
"Service") to be provided by us to you from time to time. "Server"
means the computer server equipment operated by us in connection
with the provision of the Services. "Website" means the area on the
Server allocated by us to you for use by you as a site on the
Internet. "Secure Commerce System" means the online shopping system
operated and located on the Server which generates an online
shopping area. "Online Store" means the online shopping area
operated by you and generated by the Secure Commerce System.
GENERAL TERMS AND CONDITIONS
SERVICE AVAILABILITY
We shall use reasonable endeavours to provide continuing
availability of the Server and the Services but we shall not, in any
event, be liable for Service interruptions or down time of the
Server.
INTELLECTUAL PROPERTY RIGHTS AND OTHER
CONSENTS
You are solely responsible for obtaining any and all
necessary intellectual property rights clearances and/or other
consents and authorisation's in respect of the Services, including
without limitation, clearance and/or consents in respect of your
proposed domain name and merchant services agreements between you
and the relevant banks in respect of your operation of an Online
Store
INDEMNITY
You agree to indemnify and keep indemnified and hold us on
demand harmless from and against any claim brought against us by a
third party resulting from the provision of Services by us to you
and your use of the Server, and in respect of all losses, costs,
actions, proceedings, claims, damages, expenses (including
reasonable legal costs and expenses), or liabilities, whatsoever
suffered and howsoever incurred by us in consequence of your breach
or non-observance of these terms of business.
TERMINATION
We may terminate this agreement forthwith if you fail to
pay any sums due to us as they fall due.
We may terminate this agreement upon written notice
if you breach any of these terms and conditions and you fail to
correct the breach within ten (10) days following written notice
from us specifying the breach, or if you are a company you go into
insolvent liquidation, or if you are a person you are declared
bankrupt.
On termination of the agreement we shall be
entitled immediately to block your Website and to remove all data
located on it. We will hold such data for a period of 14 days and
allow you to collect it at your expense, failing which we shall be
entitled to delete all such data. We shall further be entitled to
post such notice in respect of the non-availability of your Website
as we think fit.
PAYMENT
All charges payable by you to us for the Services shall be
in accordance with the relevant scale of charges and rates published
from time to time by us on our website and shall be due and payable
within 30 days of receipt of our invoice.
If our invoice is not settled within the agreed
terms, we reserve the right to charge a late payment fee and
interest in accordance with the Late Payment Of Commercial Debts
(Interest) Act 1998.
The provision by us of Services is contingent upon
our having received payment in full from you in respect of the
relevant Services. Without prejudice to our other rights and
remedies under this agreement, if any sum payable is not paid on or
before the due date, we reserve the right, forthwith and at our sole
discretion, to suspend the provision of services to you.
Domain name renewal fees. We will invoice you for
the renewal fees prior to the domain renewal date. If payment is not
received by the renewal date, the domain name will not be renewed
and will be available for re-registration. Please ensure prompt
payment to ensure the continued service of your domain name.
LIMITATION OF LIABILITY
We hereby exclude all conditions, terms, representations
(other than fraudulent representations) and warranties relating to
the Services supplied under this agreement, whether imposed by
statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation,
the implied warranty of satisfactory quality and fitness for a
particular purpose.
Nothing in these terms and conditions shall exclude
our liability for death or personal injury resulting from our
negligence.
Our total aggregate liability to you for any claim
in contract, tort, negligence or otherwise arising out of or in
connection with the provision of the Services shall be limited to
the charges paid by you in respect of the Services which are the
subject of any such claim and provided that you notify us of any
such claim within one year of it arising.
In no event shall we be liable to you for any loss
of business, contracts, profits or anticipated savings or for any
other indirect or consequential or economic loss whatsoever.
RESELLER TERMS AND CONDITIONS
If you are or become a reseller of our Services you must
ensure that you continue to comply with these terms and conditions
by making your customers bound to no less comprehensive and
protective terms and conditions than these.
You agree that in your capacity as reseller of our
services you will not incur any liability on our part or in any way
pledge or purport to pledge our credit or purport to make any
contract binding on us.
We do not accept the liability or default of your
own customers as affecting or limiting your obligations under this
agreement and we suggest that you require your customers to sign a
form of this agreement.
NOTICES
Any notice to be given by either party to the other may be
sent by either email or postal delivery to the address of the other
party as appearing in this agreement or ancillary application forms
or such other address as such party may from time to time have
communicated to the other in writing, and if sent by email shall
unless the contrary is proved be deemed to be received on the day it
was sent or if sent by fax shall be deemed to be served on receipt
of an error free transmission report, or if sent by postal delivery
shall be deemed to be served two days following the date of posting.
LAW
These terms and conditions shall be governed by and
construed in accordance with English law and you hereby submit to
the non-exclusive jurisdiction of the English Courts.
ENTIRE AGREEMENT
These terms and conditions together with any document
expressly referred to in them, contain the entire agreement between
us relating to the subject matter covered and supersede any previous
agreements, arrangements, undertakings or proposals, written or
oral, between us in relation to such matters. No oral explanation or
oral information given by any party shall alter the interpretation
of these terms and conditions.
You confirm that, in agreeing to these terms and
conditions, you have not relied on any representation save insofar
as the same has expressly in these terms and conditions been made a
representation and you agree that you shall have no remedy in
respect of any misrepresentation (other than a fraudulent
misrepresentation) which has not become a term of this agreement.
DOMAIN NAME REGISTRATION
We do not warrant or guarantee that the domain name
applied for will be registered in your name or is capable of
being registered by you. Accordingly, you should take no
action in respect of your requested domain name(s) until you
have been notified that your requested domain name has been
registered.
The registration of the domain name and its
ongoing use is subject to the relevant naming authority's
terms and conditions of use and you are responsible for
ensuring that you are aware of those terms and conditions and
can and do comply with them. You irrevocably waive any claims
you may have against us in respect of the decision of a naming
authority to refuse to register a domain name and, without
limitation agree that the administration charge paid by you to
us shall be non-refundable in any event.
We accept no responsibility in respect of the
use of a domain name by you and any dispute between you and
any other individual or organisation regarding a domain name
must be resolved between the parties concerned and we will
take no part in any such dispute. We reserve the right, on our
becoming aware of such a dispute, at our sole discretion and
without giving any reason, to either suspend or cancel the
domain name, and/or to make appropriate representations to the
relevant naming authority.
WEB SITE HOSTING/EMAIL/SECURE
COMMERCE SYSTEM
We specifically exclude any warranty as to the
accuracy or quality of information received by any person via
the Server and in no event will we be liable for any loss or
damage to any data stored on the Server. You are responsible
for maintaining insurance cover in respect of any loss or
damage to data stored on the Server.
You warrant to us that you will only use your
assigned Web Site for lawful purposes. In particular, you
further warrant and undertake to us that:
a) you will not, nor will you authorise or
permit any other party to, use the Server in violation of any
law or regulation;
b) you will not knowingly or recklessly post,
link to or transmit:
i) any material that is unlawful,
threatening, abusive, harmful, malicious, libellous,
defamatory, obscene, pornographic, profane or otherwise
objectionable in any way; or
ii) any material containing a virus or other
hostile computer program;
iii) you will not post, link to or transmit
any material that shall constitute or encourage a criminal
offence, give rise to civil liability or that violates or
infringes any trade mark, copyright, other intellectual
property rights or similar rights of any person, firm or
company under the laws of any jurisdiction; and
iv) you will conform to the standards made
available by us from time to time and will not yourself, and
will ensure that none of your end users, make excessive or
wasteful use of the Server to our detriment or that of our
other customers.
You are responsible for sending mail in
accordance with any relevant legislation (including data
protection legislation) and for sending the same in a secure
manner. We will take all reasonable steps to ensure accurate
and prompt routing of messages but we will not accept any
liability for non-receipt or misrouting or any other failure
of email.
You warrant, undertake and agree that:
a) all transactions within the Online Store
will be contracts for the sale of goods between you as the
merchant and your end-user customer and you agree that we may
include an exclusion of our liability in respect of such
purchases and transactions in such form as we deem
appropriate;
b) the information contained within the
Online Store complies with all applicable law, including,
without limitation, any distance selling regulations and data
protection regulations from time to time in force;
c) you will keep secure any identification,
password and other confidential information relating to your
account and you will notify us immediately of any known or
suspected unauthorised use of your account, or any known or
suspected breach of security, including loss, theft or
unauthorised disclosure of your password information.
d) you understand that for the security of
our customers and clients, certain file types are
automatically removed from email passing through our mail
systems, these may include the following file types: .exe,
.bat, .pif, .scr files.
e) in order to reduce the levels of unwanted
(spam) emails passing into and out of our email servers, we
have a filtering system in place based on several industry
standard email filtering processes.
8) Whilst we shall use reasonable endeavours
to ensure the integrity and security of the Server, we do not
guarantee that the Server will be free from unauthorised users
or hackers.
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