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1. Definitions:
(1.1) For the purpose of these Terms & Conditions set forth
hereunder is defined to mean, unless the context requires
otherwise, as follows.
(1.2) "CW, we, us, our" shall mean "City Webs"
(1.3) "Client, customer, you, your" shall mean the customer
named.
(1.4) "Confidential Information" hereunder includes all
information which is considered proprietary to CW, you or
its customers, as the case may be, including but not limited
to information or materials related to the business affairs
of the respective party, customer information, designs and
documentation of systems and software, and the
Services and Deliverables developed as part of this
Agreement.
(1.5) "Pricing" shall mean the fees paid by you the Client
to CW as set forth on CW website, written quotation and/or
the Project Brief.
(1.6) "Services" shall mean all work performed by CW for the
Client on each Project.
2. Web Site Location:
2.1 All accounts will be located on Microsoft Windows shared
servers unless otherwise specified. All prices quoted are
for this option and are subject to change.
3. Webspace:
3.1 Space on CW servers may not be resold or used for the
distribution of adult-oriented or racist material, pirate
software, copyright material or for other illegal purposes.
Contract (and service) may be suspended at any time if usage
or site content is deemed inappropriate or offensive.
4. Mail usage:
4.1 Your e-mail accounts may not be resold or used to send
unsolicited e-mail (spamming). Clients who send, or allow
the sending of such mail (even using external mail
facilities) will have their service terminated immediately
and will be liable for any costs incurred by the result of
their actions. Outgoing (SMTP) mail facilities are not
provided as standard (you can usually use your ISP's
outgoing mailserver) but special arrangements can be made on
request.
5. Site Content:
5.1 Under no circumstances, must any of the following
materials appear on your website. Pornographic/explicit or
obscene material, in the form of graphics or text.
Copyrighted music files (.wav, .mid, .mp3 etc.) or any form
of sound used without the original owner's written consent.
Copyright computer code/graphics without the original
owner's written consent. Lists of software package serial
numbers or links to cracks, patches, hacks or pirated
software. Pyramid advertising schemes and "Spam" banners.
5.2 In order to maintain quality of service to all our
clients, we reserve the right to suspend or terminate an
account where it is found to be manipulating or monopolizing
server resources to the detriment of other users, whether
via scripts, programs, volume of mail, excess bandwidth or
otherwise. It is strongly suggested that any script
development is carried out on your local PC before uploading
to the server, as incorrectly configured scripts may
seriously affect server performance.
6. Confidentiality:
6.1 CW shall, cause each of the Representatives working on
the projects, to keep all Confidential Information of you or
your client, not to disclose it to any third party without
the prior written consent of the Client or the Clients
customers, and not to use it for any purpose other than that
for which it was provided to CW.
6.2 CW shall only disclose Confidential Information to those
Representatives who need to know the same for legitimate
business purposes.
7. Errors & Omissions:
7.1 Although we always endeavour to keep your sites
error-free and check them regularly for availability, you
are advised that it is your responsibility to back up your
files, check your website for availability, correct content
and operation. Errors and omissions should be reported via
e-mail as soon as possible for correction.
8. Design & Ownership of Services:
8.1 Sites designed by CW are designed individually for
clients, we retain copyright on all original design work,
copywriting and images we provide. Use of copyright work on
other websites or publications is not permitted without
express written consent or license arrangement. The Client
also agrees that CW shall retain Proprietary Rights with
respect to any Services or Deliverables provided to you by
CW.
9. Domain Names:
9.1 We will not be able to confirm that we are able to
register your chosen domain name for you until we have
received notification from the appropriate domain registry
that the application was successful. All domain names will
remain the property of CW until full payment for that domain
name has been received.
9.2 We will not accept responsibility for errors made by
Registration Authorities, registrars or their agents when
submitting domains for registration. Claims against CW for
incorrect registration on our part will be limited to
replacement domains to the same retail value, at our
discretion. No claims for compensation will be accepted for
loss of use due to late payment.
9.3 You will be responsible for picking a domain name that
does not infringe any copyrights or trademarks. If you do
infringe trademark or copyright, you risk having legal
action taken against you and losing the domain name to the
owner. Your registration fees and CW hosting charge will not
be returnable in this case. If you choose a .ltd.uk or .plc.uk
name, it is required to be the same as your registered
company name (with spaces removed or replaced with hyphens
as appropriate). Please be aware that recent domain
extensions may have their own rules on acceptability,
eligibility, trademark infringement.
10. Loss of Service:
10.1 CW web space, domain registration and e-mail services
are derived in some part via partnerships with third-party
companies. No responsibility will be accepted for loss of
service or consequences of such caused by server failure or
actions of any of our partners, service providers, or their
subcontractors, representatives or employees. This includes
loss of data resulting from failures, delays, nondeliveries,
wrong delivery, and any and all service interruptions. No
SLA or uptime guarantees are given, although every effort
will be made to maintain service. No warranties or claims of
merchantability or fitness for a particular purpose are made
- either expressed or implied for services provided.
11. Late Payment:
11.1 In the event of late payment, your service may be
discontinued or suspended until full payment is made. Failed
payment (cheque, debit/credit cards) will incur bank
charges. No responsibility will be accepted for loss of
service or consequences of such action. Services ordered
online are accepted on a "firm order" basis and fees, when
requested via invoice, are payable strictly within 14 days
from invoice date.
We reserve the right not to release domain names whose
owners' account fees remain unpaid until all invoices are
settled in full. Domains remaining unpaid for may become
lapsed or detagged.
12. Cancellation:
12.1 We require 14 days cancellation notice in writing. When
you cancel your account, all your files and access passwords
will be deleted. We reserve the right to terminate an
account at any time without notice.
13. Force Majeure:
13.1 Neither party shall be liable to the other party for
any failure to perform or delay in performance of any of its
obligations or duties or the terms of the provision of this
Agreement, if any, to the extend such failure or delay is
caused by or are attributable to any event of force majeure,
to the extend the event is not within the control of that
party whose performance under this Agreement is effected
thereby.
14. Bandwidth (data transfer) Limits:
14.1 Our hosting accounts have unlimited bandwidth limits.
However an account may be terminated should we find a
customer to be using server resources to such an extent that
he or she may jeopardize service performance and resources
for other customers.
15. Price Variations, Charges & Services:
15.1 Payment for all invoiced services will be due within 14
days of receipt of invoice and all orders are strictly on
prepayment basis unless otherwise agreed. No refund will be
given for annual hosting fees if you choose to relocate your
domain, although prompt transfer to a new host will be
arranged free of charge. CW reserve the right to increase or
decrease charges and/or introduce new charges and/or add or
remove or change the services provided by CW to you from
time to time. In the event of any such changes, 14 days
prior notice will be given to you in writing by CW. |
