Terms and Conditions
These terms and conditions set out the agreement between AAA Web Design Ltd and you (the customer). By using any services of AAA Web Design Ltd you are agreeing to the following terms and conditions
Definitions
- The Client in this document refers to all customers using any services of AAA Web Design Ltd INCLUDING Web Site Design Solutions, Web Hosting, Domain Name Registration, Database Programming, Email forwarding and POP Email and any other such services which AAA Web Design Ltd may provide.
- The Company in this document refers to AAA Web Design Ltd and any of its employees or sub contractors.
The Company's Servers refers to the actual computer hardware belonging to the company or sub contracted by the company, which are connected to the internet.
- AAAs Services can consist of Database programming, Web Site Design, Email Forwarding, Email POP accounts, Web Hosting, Domain Name Registration and any services that the Company offers to clients connected with the internet or IT business
Terms and Conditions
Domain Name Registration
- We do not warrant or guarantee that the domain name applied for will be registered 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 by us that your requested domain name has been fully registered.
- 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. This does not affect your statutory rights as a consumer.
- 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. This does not affect your statutory rights as a consumer.
- Once you enter a contract with AAA Web Design Ltd to purchase a Domain, we will invoice you, immediately. You must not under any circumstances order the same domain from another registrar before or after entering into a contract with AAA Web Design Ltd, as this will cause us unwarranted administration problems & costs, and we will not be able to issue a refund under any circumstances, whether we manage to obtain the domain first or whether the other registrar obtains it for you.
- We will not be held liable for any losses (directly or indirectly) caused by non re-registration of domains for whatever reason. The re-registration of domains are solely the client's responsibility. However, we will attempt to contact the owner of the domain in advance in order to give the option to renew the registration of the domain through AAA Web Design Ltd. This does not apply for domains that were ordered and bought originally through another domain registration company, and were transferred over to us afterwards.
Website Hosting / Email
- 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. This does not affect your statutory rights as a consumer.
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:
- You will not, nor will you authorise or permit any other party to, use the Server in violation of any law or regulation, or violation of any of our Terms and Conditions.
- You will not knowingly or recklessly post, link to or transmit any material that is unlawful, threatening, abusive, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way; or any material containing a virus or other hostile computer program.
- 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 the Terms and Conditions contained here.
- 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.
- You or your end users will not send any bulk unsolicited email. Bulk constitutes over 15 email addresses in any one email without contacting the Company and obtaining our consent.
- 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.
- You warrant, undertake and agree that. 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.
- 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.
- If your web site is causing disruption to the other users on the server we reserve the right to remove or suspend the site as we see fit and terminate the agreement forthwith.
- AAA Web Design Ltd is not responsible for the backup of any files on its servers. Back ups will be made for all Web Sites and a copy of the site made available to the client. Should data be erased due to hardware failure or any other reason, we will not be responsible for any resulting financial loss whatsoever.
Service Availabilty
- 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.
Intellectual Property Rights
- You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations in respect of the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant banks in respect of your operation of an Online Store
Indemnity
- You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business. This does not affect your statutory rights as a consumer.
Termination
- We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.
- 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.
- 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.
- We may terminate or suspend any web site which is deemed to be causing a disruptive service to our clients as a whole.
- If the customer is consuming our time dealing with unwarranted complaints or legal matters or if the customer is endangering our system or overloading the network.
- The server is being used for activities we deem inappropriate.
- The server is being used for criminal activities.
- The unauthorised use of IP numbers, flooding, sniffing, netmasks, gateways, etc
Payment
- Servers / Hosting: Payment for such devices must be made in advance on a monthly or yearly basis. If payment has not been received we reserve the right to suspend the web site and only reactivate the site once full payment has been received. The will also be a £25.00 reactivation fee to cover administrative costs.
- Site Design/Production: Before work commences on the site a payment of 50% of development cost must be made with the final payment due on site publication. If the production of the site is delayed more than 2 weeks after its agreed completion date due to the failure to supply images, information or any other required information a further payment of 25% will be made by the client.
- Payment of invoices shall unless otherwise agreed in writing be made in full without any deduction or set-off within 7 days of the date of invoice where part or all of the Goods comprise Goods supplied by the Company prepared from Business Graphics and within 14 days of the date of invoice in all other cases.
- Interest shall be payable by the Client on overdue accounts at the rate of 4% over Bank of England base rate to run from the due date for payment thereof until receipt by the Company of the full amount whether before or after judgement.
- AAA Web Design Ltd is priced as a non-refundable service and cannot be terminated by the customer for the pre-paid period.
- 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
- 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.
- Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
- 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.
- 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.
Force Majeure
- The Company shall not be liable for any delay or failure in performance of obligations which is due to, or results from, any acts, events, omissions, happenings or non-happenings beyond reasonable control including acts of God, strike, work stoppages, government regulations, acts or directives, war, riot, fire, flood, civil commotion, equipment or facilities shortages or delays which are experienced by providers of internet services generally, or any circumstances beyond the control of the Company.
Modification
- We reserve the right to add, delete, or modify these Terms and Conditions, our website design packages, prices and website at any time. Any changes will be advised in advance via the announcements section of the Company website. All clients are encouraged to check this document at least once a month to ensure they are aware of any changes.
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.
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