Terms and Conditions applying to the services we provide

INTRODUCTION

These are the terms on which we provide services to our customers, and we provide services on no other terms. No contract shall arise between us and you until your application is accepted by us, which acceptance shall be deemed to take place when we start to provide any of the Services to you.

The following terms of business apply to any or all of the domain name registration, web site hosting, software licensing, website and software design, and email services (together "Services" and individually "Service") to be provided by us to you from time to time. "Server" means the computer server equipment operated or controlled by us 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. References to “we”, “us” or “our” are references to UK on the Web Limited (registered number 4443450) of [give address], and references to “you” and “your” are references to the person applying to us for the provision of Services.
 
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 or renew 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.

4. When a .tv domain name is registered there will be a 2 year minimum contract payable yearly, after the 2 years they are then renewable on a yearly basis.

5. We will not action any domain transfer requests unless any outstanding amounts are satisfied.

6. Once a domain is moved from our DNS the services on that domain will be cancelled. If at some future time the domain is restored to our DNS the services will need to be re-purchased.
 
WEB SITE HOSTING/EMAIL

1.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 backups and insurance cover in respect of any loss or damage to data stored on the Server.

2.You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that: a. you will not, nor will you authorise or permit any other party to, use the Server in violation of any law or regulation; b. you will not knowingly or recklessly post, link to or transmit: i. any material that is unlawful, threatening, abusive, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way; or ii. any material containing a virus or other hostile computer program; iii. you will not post, link to or transmit any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction; and iv. You will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers.

3.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.

4.You warrant, undertake and agree that: a. you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information.

5.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.

6. Data transfer allowance per domain will be limited to 2Gb/s per month, extra bandwidth will be charged at cost at the then current rate, which is available on request.

LICENCE

We grant you a non-exclusive and non-transferable licence to use our database software and website template in relation to the Web Site. You acknowledge that all intellectual property rights in the Web Site and our Software remain our property. The business that you will operate and develop on the Web Site will belong to you, subject to these terms and conditions, and may be sold on at a higher price with our prior written permission, provided that the new owner agrees in writing to be bound by these terms and conditions.

You may not duplicate any aspect of the design elements, look and feel, or layout of the Web Site, or any of the Web Site’s pages, templates, files or other material.

REVENUE

All revenue earned through the business you will operate and develop using the Web Site will belong to you.

MINIMUM TERM

This Agreement shall start on the date that we start to provide any Service to you and (subject to earlier termination in accordance with its terms) shall continue until terminated by one party giving to the other not less than 30 days' notice, such notice not to expire before the first anniversary of the date that we start to provide any Service to you.

MONTHLY SERVICE CHARGES

The monthly service charge is exclusive of any applicable VAT and covers:  (a) Web hosting (including a maximum bandwidth of 2 Gigabytes data transfer allowance per month; excess bandwidth will be invoiced to you at cost.); (b) 20mb Web space to store data. (c) Unlimited free technical support via email.

The monthly service charge must be paid monthly in advance by Standing Order or online via pay pal. Invoicing starts on the day the Web Site is activated. Service charges paid yearly in advance attract a 20% discount. No portion of any payment is refunded, even if you cancel before the end of that period.

We reserve the right to suspend without liability all or any of the Services provided to you (including, for the avoidance of doubt, by switching off the Web Site) if overdue accounts are not brought up to date within 3 days of an emailed reminder. Accounts not brought up to-date within 60 days will be terminated and we may (without prejudice to any other available remedy) terminate this Agreement forthwith by giving you written notice. Cheques returned by the bank as unpaid will attract a £7 charge to cover banking costs. For the avoidance of doubt, any termination of this Agreement will mean that your licence under this agreement to use our database software and website template will be revoked.

ASSIGNMENT

You may not rent, lease or transfer the Web Site or any other Service provided under this Agreement to any third party without prior written permission. In the event of an assignment or purported assignment you shall continue to be liable for all sums due from any assignee. Payment of any sum by the assignee to to us shall not relieve you from your obligation to make other payments to us. If you purport to assign this Agreement without our permission we shall be entitled, (without prejudice to any other remedy) to terminate this Agreement forthwith on written notice.

LIABILITY AND INDEMNITY

We contract to provide to you the software licence and the services described in this Agreement. All Services shall be provided in a professional manner and with reasonable care and skill.

You warrant that you will use the Web Site in compliance with all applicable laws including, without limitation, in respect of data protection, electronic commerce and consumer protection. We will, on request, provide limited information about compliance with certain matters, but this does not mean that we assume any responsibility for such compliance. You will indemnify us against all liabilities and expenses (including reasonable legal costs) incurred by us from any breach of your warranty.
 
Our liability to you under this Agreement, whether in respect of breach of contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of the aggregate of the Monthly Service Charges payable by you in the calendar year in which any claim arises and £10,000. In no circumstances shall we be liable for any indirect or consequential loss including, without limitation, any loss due to server downtime, loss of data, revenue, business, profit, goodwill or management time whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.

Nothing in this Agreement shall be construed as restricting or excluding the liability of either party for death or personal injury resulting from its negligence or for fraud or fraudulent misrepresentation
          
This Agreement shall be governed by English law and you and we irrevocably submit to the non-exclusive jurisdiction of the English Courts.