Terms of Agreement
These Terms of Agreements will apply to
all dealings between the parties hereto unless specifically
varied in writing and signed by a principal of the Developer
and a director of the Client respectively
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Hosting Agreement |
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Hosting Fees & Related Charges
1. Hosting Fee (for up
to 10MB Website): £[5.99] per month
Additional server space required in excess of 10MB: £5.99
per month
(a) Hosting fees will be
paid on an annual basis. Charges start from the first day
your Web Site is published onto your server space. The Client
shall remit payment to the Host by credit card on-line or
conventionally by post in advance of each new month of service.
(b) Failure to make payment when due may result in suspension/disconnection
of the Hosting service. A reconnection fee of £45.00
plus the annual hosting payment will be payable thereafter
for resumption of service upon receipt of overdue payment.
(c) All fees and charges will be subject to VAT.
Subject to sections (a),
(b) and (c) above, this Agreement shall be for a minimum period
of 1 year from the date hereof and shall continue thereafter
until or unless determined by either party giving to the other
not less than 1 months' prior written notice.
2. Hosting Conditions and Client
Undertakings
(a) The Client undertakes
to pay the fees and charges specified herein in a timorous
manner
(b) The Client undertakes to comply with the Host's Code of
Conduct and acknowledges and agrees that the Host is entitled
at any time and without notice to remove the Website from
its Server and/or bar access to the same in the event of any
violation or alleged or suspected violation of such Code of
Conduct or if otherwise authorised to do so by a competent
law enforcement agency.
(c) The Client undertakes that any material contained in or
linked to its Website and (if applicable) contained in its
discussion group, Chat Room or Bulletin Board ("Material")
must comply with the following basic standards:
(i) All information and activities must
be legal, decent and honest;
(ii) Data protection legislation within the law must be adhered
to in order that the collection of personal information is
not traded or disclosed illegally.
(iii) Distance selling
requirements as related to on-line activities must be complied
with as laid down by the law.
(iv) Other applicable trading
standards and laws and regulations as the same are created
from time to time and notified to the Client.
(d) The Client undertakes
to comply with generally accepted principles of Internet usage
(whether governed by the laws of any jurisdiction or not)
including:
(i) refraining from sending
"Spam mail" (i.e. unsolicited mass communications);
(ii) never sending mail bombs, Trojan horses, viruses or other
disruptive programs or devices;
(iii) never pirating or otherwise illegally copying software
or other proprietary material;
(iv) never violating the security of any Website or engaging
in unauthorised decryption of protected material.
3. Specific Responsibilities of
Client
(a) The Client is solely
responsible for the accuracy, legality, currency and compliance
of its own material and Website and will be solely liable
for false, misleading, inaccurate, infringing or other actionable
material contained or referred to therein.
(b) The Client is solely
responsible for maintaining the confidentiality and security
of its Internet account and usage including use of its unique
logon ID, (where applicable).
(c) The Client acknowledges
and agrees that the Host may be required by a law enforcement
agency to monitor Website content and traffic and if necessary
give evidence of the same together with use of the logon ID
to support or defend any dispute or actionable cause or matter
which arises in relation to the same.
4. Indemnity and Waiver
(a) The Client agrees to
indemnify and keep indemnified the Host, their successors
and assigns, and each of their respective directors, officers,
employees and agents (collectively "Host") from and against
any and all liability, damages, losses, claims (including
reasonable legal fees) resulting in any way from its use of
and from any material posted on this Website, to its discussion
groups or from any other matter relating to this Agreement
including but not limited to use of the information contained
on the Website, from discussion groups or arising from any
introduction or collaboration resulting there from or otherwise
arising from the Website.
(b) The Client waives any
right to bring any claim or action against the Hosts for any
loss, damage or injury arising from use of the Website or
any Material from the Website or from the Code of Conduct.
5. Exclusion of Warranties
(a) The Host does not warrant
that the Hosting Service or the Server will be continuously
available 24 x 7 x 365 but will use its reasonable endeavours
to keep downtime to a minimum.
(b) The Client accepts the
Hosting Service and Server "AS IS" with any faults or failings
and without any representation, warranty or guarantee whatsoever,
express or implied, including without limitation any implied
warranty of accuracy, completeness, quality, continuity of
service, connectivity, merchantability, fitness for a particular
purpose or non-infringement.
6. The Host's Liability
(a) The Host shall not be
liable to the Client for any loss or damage whatsoever or
howsoever caused arising directly or indirectly in connection
with this Agreement, the Server, the connectivity to the Internet,
the Hosting, the Website, any software (including Bespoke
Software), its use, application, support or otherwise, except
to the extent to which it is unlawful to exclude such liability.
(b) Notwithstanding the
generality of (a) above, the Host expressly excludes liability
for consequential loss, damage or corruption to the Website,
its software, other software or data, or for loss of profit,
business, revenue, goodwill or anticipated savings.
(c) In the event that any
exclusion contained in this Agreement shall be held to be
invalid for any reason and the Host becomes liable for loss
or damage that it may otherwise have been lawful to limit,
such liability shall be limited to the Hosting Fee paid by
the Client in the year in which the liability occurred.
(d) The Host does not exclude
liability for death or personal injury to the extent only
that the same arises as a result of the negligence of the
Host its employees, agents or authorised representatives.
7. Copyright, Patents, Trade Marks and Other Intellectual
Property Rights
(a) The Client shall indemnify
the Host fully against all liabilities, costs and expenses
which the Host may incur as a result of work done in accordance
with the Client's instructions in hosting of the Website involving
infringement of any copyright, patent or other proprietary
right (including but not limited to framing or linking to
third party Websites and/or third party proprietary material).
8. Support and Maintenance
The Host can provide or
arrange for the provision of support and maintenance of the
Website and support for the Server and connections to the
Internet. Please view our Maintenance page.
9. Termination
(a) Notwithstanding any
other provisions herein contained, and without prejudice to
any other rights such party serving notice may have, the Host
may forthwith terminate this Agreement by written notice to
the Client if any of the following events occur:
(i) if the Client commits
any breach of the terms or conditions of this Agreement including
the terms, conditions and provisions of any schedule attached
or adopted hereto and fails to remedy such breach (unless
it is a breach which entitles the Client to terminate this
Agreement immediately or insofar as such breach is not capable
of remedy to furnish adequate compensation therefor) within
thirty (30) days after receiving written notice requiring
it so to do.
(ii) if the Client becomes
bankrupt or compounds or makes any arrangement with or for
the benefit of its creditors or (being a company) enters into
compulsory or voluntary liquidation or amalgamation (other
than for the purpose of a bona fide reconstruction or amalgamation
without insolvency) or has a receiver or manager appointed
of the whole or substantially the whole of its undertakings
or if any distress or execution will be threatened or levied
upon any equipment and/or software or other property of the
party entitled to serve notice thereunder or if the other
party is unable to pay its debts in accordance with the law
relating to this Agreement.
10. Force Majeure
Neither party will be under
any liability to the other in any way whatsoever for destruction,
damage, delay or any other matters of that nature whatsoever
arising out of war, rebellion, civil commotion, strikes, lockouts
and industrial disputes, fire, explosion, earthquake, acts
of God, flood, drought, or bad weather or the requisitioning
or other act or order by any Government department, council
or other constituted body.
11. Notices
Any notice required or permitted
under the terms of this Agreement or required by statute,
law or regulation will (unless otherwise provided) be in writing
and will be delivered in person, sent by facsimile or registered
mail (properly posted and fully prepaid in an envelope properly
addressed) or sent by facsimile or by e-mail to the respective
parties.
12. Waiver
Failure or neglect by the
Host to enforce at any time any of the provisions hereof will
not be construed nor will be deemed to be a waiver of the
Host's rights thereunder nor in any way affect the validity
of the whole or any part of this Agreement nor prejudice the
Host's rights to take subsequent action.
13. Headings
The headings of the terms
and conditions herein contained are inserted for convenience
of reference only and are not intended to be part of or to
affect the meaning or the interpretation of any of the terms
and conditions of this Agreement.
14. Severability
In the event that any of
these terms, conditions or provisions or those of any schedule
or attachment hereto will be determined by any competent authority
to be invalid, unlawful or unenforceable to any extent such
term, condition or provision will to that extent be severed
from the remaining terms, conditions and provisions which
will continue to be valid to the fullest extent permitted
by law.
15. Law
The parties hereby agree
that this Agreement and the provisions hereof will be construed
in accordance with English Law.
If you are interested in more information,
please contact us
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4 Web Online Limited. All Rights Reserved
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