| 1. | WEB SITE DESIGN |
| 1.1 | We will design setup or provide the service specified in the options below. |
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| 1.2 | The cost payable by you is based on the options ticked below. |
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| 1.3 | If the option selected in 1.2 provides for an initial deposit or interim payments, you will pay the
amounts specified when stipulated. When the work has been completed you will pay the total due or the balance due if a
deposit or interim payments have been made. If an installment is not paid on time we reserve the right to cease work
until payment is made or terminate the contract at our discretion. |
| 1.4 | If at any time you request a change to the specification or work required we will advise you of any
change to the cost. Your agreement to the revised cost will constitute a change to the terms of this agreement. If you
do not agree to the revised cost we will continue working to the original specification or agreement. |
| 1.5 | We will advise you when the work has been completed. You will confirm your agreement in writing that
you have carried out testing and are satisfied with the work. |
| 1.6 | We undertake to use only copyright free or licensed material in the design of the site. Where
material or content is provided by you it is your responsibility to ensure that it is copyright free or licensed for
use. You agree to indemnify us against any claims relating to material or content which is provided by you. |
| 1.7 | Copyright of web site contents, layout and graphical design transfers to you on completion and
payment in full. However we retain intellectual property rights for all HTML, scripting and other program code and any
content that is the copyright of others remains the copyright of the respective owners. |
| 2. | WEB SITE HOSTING AND EMAIL |
| 2.1 | You may use up to [ ] Mb of space on our Server which includes space required to store emails and
log files and you may use the services ticked below for £ [ ] + VAT payable in advance for [ ] from [ ] |
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| 2.2 | When the period stated in 2.1 expires you may continue to use the services specified at the same
costs subject to the following provisos: |
| | a) | You may terminate the agreement at any renewal date. | | b) | If you cease using the server during the initial or any renewed period no refund
will be given. | | c) | We reserve the right to change the payment due on any renewal date if your useage
of the server has changed. | | d) | We reserve the right to terminate the agreement without specifying a reason on any
renewal date. |
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| A notice of one calendar month shall be given by the appropriate party prior to any change or
termination. After the initial period stated in 2.1 for any service the agreement shall be deemed to continue on a
monthly basis unless otherwise agreed. The renewal date is deemed to occur on the same day of each calendar month
thereafter and the requirement for the appropriate party to give a notice in respect of a change or termination of one
calendar month prior to any such date shall continue to apply. |
| 2.3 | There is no bandwidth limit for your use of the server but we reserve the right to make a charge or
impose a limit at any time if the bandwidth becomes excessive so as to be to detrimental to the use and enjoyment of
other users on the server. |
| 2.4 | We undertake to use our reasonable endeavours to make available the server and services but we shall
not be liable for interruptions of service that are outside our control. |
| 2.5 | You undertake to use the server only for lawful purposes and that it will not be used in a manner
which infringes any law or regulation or the rights of any third party. You agree to comply with the Data Protection
Act. You will not use the server to store, post or transmit any of the following: |
| | a) | material which is unlawful, threatening, abusive, malicious, defamatory, obscene,
pornographic, blasphemous, profane or otherwise objectionable in any way; | | b) | material containing a virus or other hostile computer program; | | c) | unsolicited email (often known as spam); | | d) | material which constitutes or encourages the commission of a criminal offence or
which infringes any patent, trade mark, design right, copyright or any other intellectual property right. |
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| You will notify us immediately of any complaints and will indemnify us against any action taken in
respect of your use of the server. We reserve the right to suspend your use of the server immediately without refund in
the event of a breach of the terms of this clause. |
| 2.6 | You will keep secure any identification, user names and passwords relating to the server and will
notify us immediately if such details are lost or stolen and advise us of any known or suspected unauthorised use or
access to the server. We reserve the right to terminate this contract and your use of any services at any time without
notice if you fail to comply with this requirement. |
| 2.7 | We do not accept responsibility for the loss or damage of any data stored on the server. |
| 3. | DOMAIN NAME REGISTRATION |
| 3.1 | We will endeavour to register the following domain names if available and permitted. You will pay us
£ [ ] + VAT for each name registered or specific amounts if detailed below. The
cost is for the initial [ ] year period of registration granted by the Naming Authority.
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| 3.2 | We will register the domains with the Naming Authority as agents acting on your behalf. Registration
will be made in your name with your contact details for administratation and billing purposes. The technical contact
details will be ours unless otherwise agreed. We reserve the right to cancel the registrations until you have paid us
for them. |
| 3.3 | We do not guarantee that a domain name can be registered as they are subject to availability. You
should therefore not assume that registration has been made until confirmation is received from the Naming Authority
and any action taken by you before such notification is at your risk. You are bound by the terms and conditions of the
Naming Authority and agree to indemnify us against any claim for registering a domain name which infringes the rights
of any third party. |
| 3.4 | After 2 years the Naming Authority will request a renewal fee for each domain name which must be paid
if you wish to continue using them. If we arrange the renewal you agree to pay us an administration fee of £ [ ] +VAT for each name being renewed in addition to the fees charged to us by
the Naming Authority. We will endeavour to contact you when the renewal fees are due but it is your responsibility to
ensure that the payments are made on time and we accept no liability in this respect. |
| 3.5 | The nameservers specified in the registration will be as specified below. |
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| 3.6 | In addition to the cost in 3.1 you agree pay in advance the amounts specified for the options ticked
below for [ ] from [ ] |
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| 3.7 | When the period stated in 3.6 expires the agreement shall be renewed at the same costs subject to the
following provisos: |
| | a) | You may terminate the agreement at any renewal date. | | b) | If you cease using the services during the initial or a renewed period no refund
will be given. | | c) | We reserve the right to change the payment due at any renewal date. | | d) | We reserve the right to terminate the agreement without specifying a reason at any
renewal date. |
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| A notice of one calendar month shall be given by the appropriate party prior to any change or
termination. After the initial period stated in 3.6 for any service the agreement shall be deemed to continue on a
monthly basis unless otherwise agreed. The renewal date is deemed to occur on the same day of each calendar month
thereafter and the requirement for the appropriate party to give a notice in respect of a change or termination of one
calendar month prior to any such date shall continue to apply. |
| 3.8 | The registration of domains is subject to the terms and conditions of the relevant Naming Authority.
For Nominet in respect of UK domain names see www.nic.uk/ref/terms.html and for Total Registrations in respect of other
domains see www.totalregistrations.com/about_us/terms.html |
| 4. | GENERAL |
| 4.1 | You agree to pay our invoices in full within 28 days of receipt in UK Pounds Sterling. We reserve the
right to charge interest on late payments at the prevailing Bank of England base rate plus 8% and to take make any
other charges as provided in The Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by
the Late Payment of Commercial Debts Regulations 2002. If for any reason a cheque is returned by the bank as unpaid we
reserve the right to charge you any costs made by the bank. |
| 4.2 | We reserve the right to terminate this contract or any of the agreements therein if you fail to pay
any sums due within the period specified in 4.1 or if you fail to remedy a breach of any of the terms in this contract
within 28 days of receving notification from us. If you are a company and go into administrative receivership or
liquidation we reserve the right to terminate this agreement without notice. If termination should occur we will be
entitled to remove access to your web site and delete the files and data stored at our discretion. |
| 4.3 | This contract shall be governed by English Law. |
| 4.4 | Our total liability to you for any claim in contract, tort, negligence or otherwise arising out of or
in connection with the provision of services shall be limited to the charges paid by you in respect of the services,
which are the subject of a claim. In no event shall we be liable to you for any loss of business, sales, revenue,
contracts, profits or anticipated savings or from any other indirect or consequential loss whatsoever. |
| 4.5 | This contract supersedes any previous contracts, agreements, arrangements, undertakings or proposals
either written or oral. |
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