Shores - Terms and Conditions
These terms and conditions relate to all and any agreement between us when you buy products or services from us. Details of the consideration (price you pay and what we will supply) will be contained in the Purchase Order.
1 PRODUCTS & SERVICES
(1) In this agreement the “Products and Services” are those detailed on the Purchase Order.
(2) Products and Services are provided to the best of our ability and any advice will based on our personal experience and on information, facts and issues you provide. Any opinion, statement, recommendation or anything whatsoever shall not constitute a guarantee of any form.
Unless we have a specific agreement with you, services do not cover any form of assistance or support. However, we are pleased to offer additional support at our current hourly rate if you require – please contact us via firstname.lastname@example.org.
“Products” means anything we supply
“Services” means services we provide or do on your behalf in accordance with this agreement.
“Authorised Person” means the person or people within an organisation who have the right to use our on-line services and access our website.
“Consumer” means anyone purchasing not in the course of a business. This agreement is not intended to affect a client’s statutory rights.
4 ABIDE BY TERMS
(1) By using our organisation, the website and any services you confirm that you are aged 18 or over and that you have read, understood and agree to be bound by this user agreement incorporating our terms and conditions. Where you are using the website or entering into an agreement on behalf of an organisation you confirm that you have the legal right to do so.
(2) Where the use of the website and/or registration for use of the service is on behalf of an organisation and other persons (for example employees) the organisation specifically confirms that it takes full responsibility for that use and that the organisation, as well as the individuals, will be deemed to be the users for the purposes of these Terms and any subsequent action.
5 SUPPLY OF PRODUCTS AND SERVICES
(1) Whilst we will use our reasonable endeavours to supply the products and services, we shall not be responsible for any losses or damage caused by a failure to provide products or services or any unavailability. The website and services are provided on an “as is” and “as available” basis. In addition we make no warranty against loss, electronic virus, worms or any other defect or problems which may occur as a result of any communication with us.
(2) We cannot guarantee that services will be uninterrupted, secure or error-free. Particularly, there are inherent problems in the use of the internet that we will not be responsible for, nor for any browser crashes which may result in data loss whilst using our services.
(3) We reserve the right to suspend the services for repair, maintenance, improvement or substitution. If so, we will restore them as quickly as is reasonably possible. In the event of this we will place a notification on the website and, whenever possible, provide prior notice
(4) If we make a recommendation for other products or suppliers, it does not form any guarantee or endorsement as to those suppliers or products.
6 HOSTING - YOU WILL PROVIDE
(1) Hosting services do not include internet access. You are responsible for ensuring that you provide suitable hardware, software, telecommunications equipment and anything else necessary to use the services and that you use these in conjunction with the rights, agreements and policies of any third parties involved,
(2) You are responsible for establishing a suitable stable internet connection to the application server to allow you to use any hosted service.
7 BANDWIDTH & STORAGE USE - HOSTING
(1) A user is restricted to the services as detailed on the Purchase Order.
(2) If you use any bandwidth or storage space in excess of the agreed-upon number of megabytes per month, we reserve the right to levy you with additional charges (based on the then-current fees), suspend the Service, or terminate our Agreement. In these circumstances we will not refund any unused services or pre-paid fees.
(3) Access and use of your hosting account and any services is your responsibility. You are responsible for any unauthorised access to your account, including any resulting in bandwidth and storage usage exceeding the agreed limits and resultant charges.
(4) If you have an “unlimited use” option, and your transmission of Data causes a disproportionate level of web activity such that it jeopardises server performance and resources for our other customers we will contact you to discuss the situation. If between us we cannot resolve the situation we reserve the right to terminate your agreement with us by giving you two weeks notice.
8 PRICES AND PAYMENT
(1) Payment for all products and/or services must be made in full, by bank transfer, cheque or any form of designated electronic payment which we have specifically agreed with you on the Purchase Order within 7 days of the date of any invoice supplied. This includes any taxes due. You will have been deemed to have received any invoice if it is:
(a) Sent to you by Royal Mail and we have proof of posting of the invoice.
(b) Faxed or emailed, in which either event a transmission record will be retained by us.
(2) If you do not pay or there are any problems with your chosen method of payment then once you have ordered products and/or services you are still responsible for payment. If we do not receive payment then we will charge you 15% compound interest per annum until we receive full cleared payment.
(3) Where payment is a part of staged payments such as monthly, then late or non-payment will automatically mean that all work will stop and no services will be supplied until such time that full payment (including any accrued or extra payment) is made. No refunds will be made.
(4) Where payment is to be made on a monthly basis for support you are charged 1 month in advance. So, for example, on the 31st March you will pay for the agreed services delivered in April.
(5) We reserve the right to charge you if you use any services not included in the agreement between us, such as excessive bandwidth.
(6) We reserve the right to increase prices for either the products or services which arise because of an increase in the cost of price of parts or other outside costs beyond our reasonable control. If we do, then we will give you at least 30 days notice in writing. If you are buying as a consumer then you may cancel this agreement at any time up until 14 days before the supply of products or services.
(7) Where payment is made via a third party, such as any designated electronic payment which we have specifically agreed with you on the Purchase Order, you are also confirming your agreement to adhere to their user agreement. We suggest that you visit the web-site of the designated electronic payment processor for details of that agreement that you will enter into with them. We can supply the website address on request.
9 PAYMENT & PASSING OF RIGHTS
(1) (a) When purchasing a domain name registration, transfer of the domain name will only take effect upon you properly completing and signing the transfer documents and sending them to Nominet in accordance with the instructions contained within those documents. Under the Terms of this agreement you are required to do this within 14 days of the date of the Purchase Order.
(b) Where you have not properly completed and signed the transfer documents and sent them to Nominet in accordance with (a) above then we will send 1 Notice to you, in accordance with clause 22.
(c) where you have not properly completed and signed the transfer documents and sent them to Nominet within 90 days of the date of the Purchase Order then transferral of the domain name will not pass to you and you agree that you will forfeit any rights whatsoever in relation to the domain name and that you will keep us indemnified in respect of any third party claims.
(2) Subject to any and all of the other clauses contained in this agreement, any rights which form part of this agreement, such as the transferral of a domain name, will not pass to you until we have received full payment for all products or services supplied by us. This means that we will have a lien over any information or continue to hold rights over any domain name. If you have not paid the invoice in full within 90 days from the date of the invoice you agree that you will forfeit your rights.
10 THIRD PARTY
(1) The very nature of the service we supply means that third parties may be involved. The main third party involved in domain name transfer is Nominet. The main party involved in our hosting services is Weycrest Solutions Ltd.
(2) It is your responsibility to adhere to any agreement that is in force with any third parties, because you use their service. By entering into this agreement with us you are also confirming your agreement to adhere to their Terms and Conditions. Copies of Third Party Terms and Conditions can be found via links on our website.
(3) By using their services you will enter into a separate agreement with them. This means that
(a) Any agreement is solely between you and the applicable third-party and we shall have no liability, obligation or responsibility for any activity, use, dispute between you and any such third-party.
(b) You will be responsible for any payment of fees or monies due under that user agreement.
11 COPYRIGHT & INTELLECTUAL PROPERTY
(1) You confirm that that you hold the full intellectual property and copyright of anything that you provide to us (e.g. information or documents) or that you have obtained the copyright owner’s permission to use it in this way
(2) You confirm that you understand that you or your organisation may have the right or licence to use the service but that we retain the copyright in anything that is shared with you by us.
(3) Specifically, you agree that without our express agreement in writing specifically for that user, you will not breach any copyright in so far as the service and information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically means, where applicable, you will not copy, reproduce, modify, assign, make derivative works, distribute or in any way publicly display, create Internet 'links' to the Service or 'frame' or 'mirror' any Content on any other server or wireless or Internet-based device, reverse engineer, or access the services in any way to build a product using similar ideas, function, or which is in any way similar to ours.
(4) For hosting services, you agree that we have a non-exclusive, worldwide, and royalty-free licence for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary solely for the purposes of rendering and operating the Services to you under this Agreement. You expressly:
(a) Grant to us a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and
(b) Agree that this caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
(5) Where the service includes Domain Name registration, you acknowledge that:
(1) We can not guarantee that any Domain name can be registered nor that it will not infringe any third party rights.
(2) You are responsible for all costs relating to registration.
(2) You will comply with any Third Party policies and agreements relating to the registration and use of that Domain Name.
(3) That any dispute relating to Domain Name Registration will be between you and Nominet and any other third party involved, that we have no liability in this regard and that you will completely indemnify us in this regard.
12 RESPONSIBILITY AND MISUSE
(1) In addition to all the other clauses contained herein, you agree that you will solely be responsible for your use of any services provided to you and that you will use the service legally and only for the purposes that it is intended to be used. This includes responsibility for the security of passwords and user names etc. You will also be responsible for ensuring that you do not breach any third party prohibited activity or misuse policies.
(2) Furthermore you agree that you will not misuse the services in any way, and specifically, although not exclusively you:
(a) Will not use any virus, worm, Trojan horse, time bomb or any such code that could destroy and/or contaminate.
(b) Will abide by any laws applicable to this agreement or the operation of it. You specifically confirm that you will not use the services for any illegal purposes whatsoever.
(c) Neither your use of the services (including where applicable any user name), nor use of any data, materials or other content we deem to be harmful, defamatory, abusive, obscene, indecent, otherwise offensive, menacing, harassing, any breach/ infringement of intellectual rights, copyright or any other third party or personal rights,
(d) Where applicable, will not knowingly or recklessly transmit any electronic mail or other data or materials using the service which will breach these terms nor send nor receive any responses to any unsolicited advertising or promotional material or, where applicable, exceed any bandwidth.
(3) You confirm that you will not interfere or attempt to interfere with the proper working of the service of neither our website nor any activities conducted on it.
(4) You also specifically confirm that you will
(a) Notify us immediately of any unauthorised use including of your registration/account or the services in any way, or any other known or suspected breach of security.
(b) Immediately report to us, but also use reasonable efforts to immediately stop, any misuse that is known or suspected by you.
11 LIABILITY & INDEMNITY
(1) To the extent that the law allows we will not be held responsible for any loss, incidental or consequential damage, or loss arising out of installation, use (unauthorised or otherwise), errors, mistakes, accident, theft or fraud, destruction, or any part of the provision of products or services.
(2) In the unlikely event that we would be held liable for any losses occurring as a result of using/ failing to use the products or services or at all, then such total damages for any loss whatsoever shall be limited, in relation to any one incident or series of related incidents, to 100% of the amount paid by you in respect of the agreement under which you claim.
(3) You specifically release us and any subsidiaries, agents and employees from all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with any breach of this agreement, including breaches of third party rights, any claim or action and agree to completely indemnify us in respect of any such involvement.
13 TIME ESTIMATE
We will use all our reasonable endeavours to supply products or services within any time estimate that we give. However, we will not be liable for any loss or damage suffered because of any unavoidable or reasonable delay in completion, including third party involvement and your failure to deliver items such as documents or information.
14 OUR ACCESS
(a) You agree that you will do nothing which could restrict or inhibit our access for any examination following complaint of any services supplied under this agreement.
(b) You will allow us full access to any existing technology, software, data and hardware and access to any documents and accounts you may hold which relate to our services.
(c)You will provide to us all information, documents and anything that we need in order to complete the provision of services within specified deadlines. We will not be responsible in any way for your failure to do this.
15 DATA BACKUP
(1) For our web hosting service, our servers are backed up on a weekly basis. However, this service is intended to supplement rather than replace your own backups. In any event, backups are stored for a maximum of 1 calendar month only. It is solely your responsibility to constantly and frequently back-up any Data that you wish to save in accordance with your own needs. We will not be liable for any losses to such Data.
(2) Backups will not be retained for accounts that have been cancelled and so it is your responsibility to download any files that you may require before submitting any cancellation request.
(3) Likewise, it is your responsibility to download any required files on the day that this agreement comes to an end.
(4) We can accept no responsibility whatsoever for your working data to be backed up and will not be liable for any losses, claims or damages which may arise because data is not/ has not been backed up.
16 INFORMATION & DATA PROTECTION
Any products or services we provide to you may be reliant on information provided by you, so you are responsible for ensuring that any information you provide is accurate, correct and up-to-date. Any information we hold will be held in accordance with Data Protection legislation in England.
Both of us, subject to the other Terms in this agreement, agree that aspects of this contract are confidential, including information obtained about each other, the organisations etc.
From time to time we use information about our existing clients as part of marketing campaigns. Your information will not be used in this way without your express agreement.
You agree that we have full and exclusive working rights within the terms of provision of this agreement and that you will not involve other parties without our specific agreement in writing.
19 AUTHORISATION TO DEAL WITH OTHERS
During the provision of our services to you, you authorise us to deal with others on your behalf e.g. hosts. You specifically agree to adhere to any terms and conditions provided by those others with whom we deal on your behalf.
(1) You agree that the rights given cannot be transferred, sold, rented or shared in any way by you and nobody else can benefit but you.
(2) We reserve the right to sub-contract and/or assign all or any part of the products or services but if we do it will not affect your rights under this agreement.
21 ELECTRONIC PRODUCT
(1) Any order made via our web-site can be cancelled within 7 days of placing an order in accordance with Consumer Protection (Distance Selling) Regulations 2000.
(2) However, this will not apply in accordance with Regulation 13 of the above Regulations.
(a) Where a service is involved, and we have both agreed that the service is commenced or provided within this 7 day cooling-off period OR
(b) If you purchase electronic personalised information
(4) If you are eligible to and do cancel, then we will refund any amount you have paid within 30 days of receiving your cancellation.
22 NOTICES, QUERIES, COMPLAINTS
(1) We aim to respond to any queries or complaints within 14 working days. Complaints must be addressed in writing to us at our usual address which can be found on the Purchase Order. If any complaint may amount to a breach of any term of these conditions then you must allow us 30 days to remedy that breach.
(2) However, if you have any complaints or objections to any website content whatsoever, or if you believe that the website infringes any copyright you hold, please contact us immediately at email@example.com. Once this procedure has been followed we will use our reasonable endeavours to remove illegal or otherwise improper content within what we deem to be a reasonable time period.
(3) Any notices for either party must be in writing to the addresses which appear on the Purchase Order
(4) Notices will be deemed to have been received on the 7th day after posting using Royal Mail 1st class service provided that a duly stamped proof of posting is obtained from Royal Mail.
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.
24 TERM, BREACH AND CANCELLATION
(1) This agreement is for an initial period as stated in the Purchase Order.
(2) We reserve the right to terminate this agreement
(a) Immediately if you breach any term of this agreement, including any third party user agreement. You will not be entitled to any refund of unused products or services.
(b) By giving you 30 days notice. In these circumstances we will refund you for any unused services or pre-paid fees within 30 days of the service ceasing. However we will not be responsible for any liability whatsoever, including any claims, expenses and fees, relating to the notice period and service ceasing.
(3) We also reserve the right to cancel, take-down, delete or otherwise remove any advertisement or any experiences, opinions, statements, recommendations, ratings, and information provided by other users or advertisers or any links to other websites or other information which is made available through the website without giving reason and in our absolute discretion.
(4) If we do not act upon any breach immediately you should not assume that we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.
(5) Other than any rights described in this agreement, you may terminate this agreement at any time giving us notice of 1 calendar month. However, any monies due under this agreement must still be paid and we will not make any refund at all, including for any unused services or pre-paid fees
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.