| Terms
and Conditions applying to the services we provide
INTRODUCTION
These are the terms on which we provide services to our customers,
and we provide services on no other terms. No contract shall arise
between us and you until your application is accepted by us, which
acceptance shall be deemed to take place when we start to provide
any of the Services to you.
The following
terms of business apply to any or all of the domain name registration,
web site hosting, software licensing, website and software design,
and email services (together "Services" and individually
"Service") to be provided by us to you from time to time.
"Server" means the computer server equipment operated
or controlled by us in connection with the provision of the Services.
"Web Site" means the area on the Server allocated by us
to you for use by you as a site on the Internet. References to “we”,
“us” or “our” are references to UK on the
Web Limited (registered number 4443450) of [give address], and references
to “you” and “your” are references to the
person applying to us for the provision of Services.
DOMAIN NAME REGISTRATION
1.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.
2.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 or renew a domain name and, without limitation
agree that the administration charge paid by you to us shall be
non-refundable in any event.
3.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.
4. When a .tv
domain name is registered there will be a 2 year minimum contract
payable yearly, after the 2 years they are then renewable on a yearly
basis.
5. We will not
action any domain transfer requests unless any outstanding amounts
are satisfied.
6. Once a domain
is moved from our DNS the services on that domain will be cancelled.
If at some future time the domain is restored to our DNS the services
will need to be re-purchased.
WEB SITE HOSTING/EMAIL
1.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 backups and insurance cover
in respect of any loss or damage to data stored on the Server.
2.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.
3.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 misquoting or any other failure of email.
4.You warrant,
undertake and agree that: a. 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.
5.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.
6. Data transfer
allowance per domain will be limited to 2Gb/s per month, extra bandwidth
will be charged at cost at the then current rate, which is available
on request.
LICENCE
We grant you
a non-exclusive and non-transferable licence to use our database
software and website template in relation to the Web Site. You acknowledge
that all intellectual property rights in the Web Site and our Software
remain our property. The business that you will operate and develop
on the Web Site will belong to you, subject to these terms and conditions,
and may be sold on at a higher price with our prior written permission,
provided that the new owner agrees in writing to be bound by these
terms and conditions.
You may
not duplicate any aspect of the design elements, look and feel,
or layout of the Web Site, or any of the Web Site’s pages,
templates, files or other material.
REVENUE
All revenue
earned through the business you will operate and develop using the
Web Site will belong to you.
MINIMUM
TERM
This Agreement
shall start on the date that we start to provide any Service to
you and (subject to earlier termination in accordance with its terms)
shall continue until terminated by one party giving to the other
not less than 30 days' notice, such notice not to expire before
the first anniversary of the date that we start to provide any Service
to you.
MONTHLY
SERVICE CHARGES
The monthly
service charge is exclusive of any applicable VAT and covers:
(a) Web hosting (including a maximum bandwidth of 2 Gigabytes data
transfer allowance per month; excess bandwidth will be invoiced
to you at cost.); (b) 20mb Web space to store data. (c) Unlimited
free technical support via email.
The monthly
service charge must be paid monthly in advance by Standing Order
or online via pay pal. Invoicing starts on the day the Web
Site is activated. Service charges paid yearly in advance attract
a 20% discount. No portion of any payment is refunded, even if you
cancel before the end of that period.
We reserve the
right to suspend without liability all or any of the Services provided
to you (including, for the avoidance of doubt, by switching off
the Web Site) if overdue accounts are not brought up to date within
3 days of an emailed reminder. Accounts not brought up to-date within
60 days will be terminated and we may (without prejudice to any
other available remedy) terminate this Agreement forthwith by giving
you written notice. Cheques returned by the bank as unpaid will
attract a £7 charge to cover banking costs. For the avoidance
of doubt, any termination of this Agreement will mean that your
licence under this agreement to use our database software and website
template will be revoked.
ASSIGNMENT
You may
not rent, lease or transfer the Web Site or any other Service provided
under this Agreement to any third party without prior written permission.
In the event of an assignment or purported assignment you shall
continue to be liable for all sums due from any assignee. Payment
of any sum by the assignee to to us shall not relieve you from your
obligation to make other payments to us. If you purport to assign
this Agreement without our permission we shall be entitled, (without
prejudice to any other remedy) to terminate this Agreement forthwith
on written notice.
LIABILITY
AND INDEMNITY
We contract
to provide to you the software licence and the services described
in this Agreement. All Services shall be provided in a professional
manner and with reasonable care and skill.
You warrant
that you will use the Web Site in compliance with all applicable
laws including, without limitation, in respect of data protection,
electronic commerce and consumer protection. We will, on request,
provide limited information about compliance with certain matters,
but this does not mean that we assume any responsibility for such
compliance. You will indemnify us against all liabilities and expenses
(including reasonable legal costs) incurred by us from any breach
of your warranty.
Our liability to you under this Agreement, whether in respect
of breach of contract, tort (including negligence), breach of statutory
duty or otherwise, shall not exceed the greater of the aggregate
of the Monthly Service Charges payable by you in the calendar year
in which any claim arises and £10,000. In no circumstances
shall we be liable for any indirect or consequential loss including,
without limitation, any loss due to server downtime, loss of data,
revenue, business, profit, goodwill or management time whether arising
in contract, tort (including negligence), breach of statutory duty
or otherwise.
Nothing in this
Agreement shall be construed as restricting or excluding the liability
of either party for death or personal injury resulting from its
negligence or for fraud or fraudulent misrepresentation
This Agreement shall be governed by English law and you and we irrevocably
submit to the non-exclusive jurisdiction of the English Courts.
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