All contracts for the provision of web hosting and/or licensed services made by or on behalf of 2020 Web Services Ltd are subject to the following conditions:
In These Conditions:
"CONTRACT"means this agreement for the provision of web hosting and/or licensed services by the Company
"COMPANY" means 2020 Web Services Ltd
"CUSTOMER" means the person or Organisation named in the Quotation
"QUOTATION" means the written quotation or invoice given by the Company to the Customer in respect of the web hosting services
"SERVICE COMMENCEMENT DATE" means the date the Company advises the Customer that the services are available
2.1 Upon receipt by the Company of acceptance of the Quotation by the Customer together with the monthly subscription charge the Company agrees to provide web hosting services in accordance with the Quotation, subject to the conditions set out herein, which shall govern the Contract to the exclusion of any other terms and conditions.
2.2 No variation to the terms of the Contract shall be binding unless agreed in writing between the authorised representatives of the Customer and the Company.
2.3 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the application or use of the web hosting services which is not confirmed in writing by the Company is followed or acted upon entirely at the Customer's own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
3.1 This Contract shall come into effect on the Service Commencement Date and shall continue thereafter indefinitely unless earlier terminated pursuant to these Conditions.
3.2 The Company shall provide the services to the Customer throughout the period of this Contract. The customer shall adhere to these conditions of use. The Company reserves the right to suspend or cancel any account at its sole discretion in the event that a Customer does not fulfil its obligations under this Contract.
3.3 The Customer accepts that the Company may suspend the service to the Customer based on the receipt of information from any third party entirely at the sole discretion of the Company.
3.4 The Company reserves the right to amend these terms and conditions from time to time without notice. Notwithstanding the foregoing, the Company shall endeavour to give the Customer at least one month's notice by e-mail of such variation. Where the Company sends such an e-mail to the last known e-mail address of the customer, the customer shall be deemed to have received notice of such variation. The continued use of the services by the Customer after the Company has issued the e- mail shall be taken to mean that the Customer explicitly consents to the change in these terms and conditions.
4.1The price of the web hosting services shall be the price specified in the Quotation ("the Price").
4.2 Monthly subscription charges shall be paid in advance without set off or deduction. Customers may give notice to terminate the monthly subscription at any time up to or on the date of monthly renewal.
4.3 The Company reserves the right, by giving notice to the Customer at any time up to the date of monthly renewal, to increase the Price as it deems fit.
4.4 The Customer shall not be entitled to any reduction in charges or refund in the event it does not use all or any part of the services made available under this Agreement.
4.5 The Price is exclusive of any applicable value added tax or any other relevant sales tax, which the Customer shall be additionally liable to pay to the Company.
4.6 The Price for web hosting services does not, unless explicitly agreed in writing by the Company, include any domain name registration or renewal charges. It is the Customer's responsibility to make available, either via the Company or a third party, a suitable domain name or names for use with the web hosting services.
4.7 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
4.7.1 cancel the Contract or suspend the provision of web hosting services.
4.7.2 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of eight per cent per annum above Lloyds TSB Bank PLC base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
4.7.3 withdraw the monthly payment facility and require annual payment in advance commencing immediately.
5.1 The Customer will keep all passwords secret and will not disclose them to third parties for any purpose. The Customer will notify the Company and change any passwords which they believe may have been compromised.
5.2 The Customer will not procure or attempt to procure the password of any other user of the services.
5.3 The Company reserves the right to suspend or change any password that it believes may have been compromised.
5.4 The Customer shall not knowingly use the services to receive, store or transmit material that is obscene, threatening, menacing, offensive, defamatory, in breach of confidence or in breach of copyright or any other third party intellectual property rights or is otherwise contrary to any applicable law or regulation.
5.5 It shall be a breach of the terms and conditions of service for the Customer to allow whether knowingly or otherwise the services to be used for the purposes of sending chain letters, bulk unsolicited e-mails, cross postings of news items to unrelated groups, excessive multiple postings of articles to news groups, posting of binary material to non-binary groups or forging e-mail addresses headers or IP addresses.
5.6 If the Customer makes use of the services in any way which is to the detriment of the Company or the Company's Customers, the Company will reserve the right to suspend the use of the services. Without prejudice to the foregoing, the Company considers that any applications which make excessive use of the services to the detriment of the Company are expressly prohibited.
6.1 Subject as expressly provided in these Conditions, and except where the web hosting services are provided for a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law.
6.2 Where the services are provided under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions.
6.3 The Company has no obligation, duty or liability in contract, tort, or breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
6.4 Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the provision of the services, and the entire liability of the Company under or in connection with the Contract shall not exceed the Price, except as expressly provided in the Conditions.
6.5 The Customer acknowledges that the Company is unable to exercise control over the content of information passed using the Services and the Company hereby excludes liability of any kind arising as a result of the transmission or reception of any information of whatever nature. The Company accepts no liability for any use the customer makes of the services, for any charges that the customer may incur with any third party.
6.6 The Service is not fault free and the Customer shall be entitled only to the quality of service provided by the Company. The Company will use all reasonable endeavours to maintain services, but the Company reserves the right to suspend the service for operational reasons in the interests of improving or protecting the service or the Company. The Customer will not be eligible for any compensation because they cannot use the service or because of a failure, suspension or withdrawal of all or part of the service. The Company reserves the right to change the service at any time.
6.7 If the Service is to be provided by a date specified by the Customer or the Company such date shall be treated as an estimate and the Company does not accept any liability for failure to meet the date.
6.8 The Company shall not be liable for any loss or damage whatsoever caused by any failure to perform any obligations under this contract if such failure is caused by or attributable to events, acts or omissions beyond its control, including the acts or omissions of other telecommunications providers.
6.9 The Customer shall (without prejudice to the other rights and remedies of the Company) indemnify, defend and hold harmless the Company in full against all losses, costs, damages, charges, expenses and other liabilities awarded against or incurred by the Company as a result of or in connection with any claim made against the Company by any third party in respect of use of all or part of the Services by the Customer in contravention of the above conditions.
6.10 The Customer shall promptly inform the Company fully of any actual, threatened or suspected claims or proceedings which come to the Customer's notice that use of the Services infringes any of the matters specified above. Where the Customer has notified the Company under this Condition, the Company shall take such action as it deems reasonable. The Customer undertakes with the Company that it will, at the request of the Company, do all such things as may be reasonably required to assist the Company in defending or resisting any proceedings.
6.11 The provisions of this Condition 6 shall survive termination of the Contract.
6.12 The Customer shall indemnify the Company without limitation of liability in respect of loss or damage (howsoever caused) suffered by the Company through the breach of these conditions of use. The Customer will also meet the Company's legal costs in respect of pursuing or defending any action resulting from a breach of the conditions of use.
7.1 This clause applies if:
7.1.1 the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation on reconstruction); or
7.1.2 an encumberancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
7.1.3 the Customer ceases, or threatens to cease, to carry on business; or
7.1.4 the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
7.2 If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend provision of the web hosting services without liability to the Customer, and if the web hosting services have been provided but not paid for the Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
8.1 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
8.3 In the event of any dispute arising between the parties in connection with this agreement which cannot be settled by negotiation, the parties will in good faith, seek to resolve that dispute through mediation before resorting to arbitration. If the dispute is not resolved by mediation within 30 days, or one of the parties will not participate in the mediation, the dispute shall be referred to arbitration in accordance with the rules of the Chartered Institute of Arbitrators, whose rules are deemed to be incorporated by reference into this clause.
8.4 The Contract shall be governed by the laws of England, and the Customer agrees to submit to the non-exclusive jurisdiction of the English Courts.