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The
following terms of business apply to any or all of the domain name
registration, web site hosting, email services (together
"Services" and individually "Service") to be
provided by us from time to time. "Server" means the
computer server equipment 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. 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 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. WEB
SITE HOSTING/EMAIL 4.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. 5.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. 6.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. GENERAL
TERMS AND CONDITIONS SERVICE AVAILABILITY 1.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. TERMINATION
2.We
may terminate this agreement forthwith if you fail to pay any sums
due to us as they fall due. 3.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 seven (7) 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. 4.On
termination of the agreement we shall be entitled immediately to
block your Web Site and to remove all data located on it. We will
hold such data for a period of seven (7) 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 Web Site as we
think fit. 5.We
may terminate or suspend any web site which is deemed to be causing
a disruptive service to our clients as a whole. PAYMENT 6.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 web site,
which shall be paid by you at the rate and in the manner for the
time being prescribed by law and shall be due as indicated on the
invoice and under no circumstances payable later than
seven (7) days of receipt of our invoice therefore. 8.The
provision by us of the 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. LIMITATION
OF LIABILITY 9.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. 10.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. 12.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. NOTICES Any
notice to be given by either party to the other may be sent by
either email, fax or recorded 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 recorded
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.
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Head
Office: Mole End, Brimpton Common, Reading Berkshire RG7 4RZ
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