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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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