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DEFINITIONS
"NetMedia", "us", "we" and "our"
each mean NetMedia Limited. The following terms of business
apply to any or all of the domain name registration, web site
hosting, e-mail services (together "Services" and
individually "Service") to be provided by NetMedia
to you from time to time. "Server" means the computer
server equipment operated by us or our providers in connection
with the provision of the Services. "Web Site" means
the area on the Server allocated by us/our providers to you
for use by you as a Web Site on the Internet. These terms
and conditions are subject to change from time to time without
notice. The latest version is available by contacting NetMedia
Limited.
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DOMAIN
NAME REGISTRATION
1. 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.
During certain times an attempt to register your chosen domain
name may not commence immediately.
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 a domain name and, without limitation agree that
the administration charge paid by you to us shall be refundable
at our discretion. This does not affect your statutory rights
as a consumer.
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. This does not affect your statutory rights
as a consumer.
4. Once you enter a contract with NetMedia to purchase a Domain
Name, we will charge your card or invoice you immediately.
You must not under any circumstances order the same domain
from another registrar before or after entering into a contract
with NetMedia, as this will cause us unwarranted administration
problems & costs, and we will not be able to issue a refund
under those circumstances, whether we manage to obtain the
domain first or whether the other registrar obtains it for
you.
5. We will not be held liable for any losses (directly or
indirectly) caused by non registration or re-registration
of domains for whatever reason. The re-registration of domains
are solely the client's responsibility. However, we may attempt
to contact the owner of the domain in advance in order to
give the option to renew the registration of the domain through
NetMedia. This does not apply for domains that were ordered
and bought originally through another domain registration
company, and were transferred over to us afterwards.
6. Domain name registration is subject to the terms
and conditions of OpenSRS
and ICANN.
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WEB
SITE HOSTING/DESIGN/E-MAIL
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
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.
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,
or violation of any of our Terms and Conditions.
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 the Terms and Conditions contained here.
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.
v. you or your end users will not send any bulk unsolicited
e-mail. Bulk constitutes over 15 e-mail addresses in any one
e-mail
vi. you will limit the size of e-mail attachments to 3 Mb.
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 e-mail
4. 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.
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. 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.
7. Bandwidth shall be limited to 10Gb of data transfer per
month per server. Extra bandwidth is charged at £0.20
per megabyte.
8. NetMedia is not responsible for the backup of any files
on its servers. Should data be erased due to hardware failure
or any other reason, we will not be responsible for any resulting
financial loss whatsoever. Refunds for NetMedia Webspace and
Server rentals is at our discretion and cannot be terminated
by the customer for the pre-paid period. We have the right
to terminate our services without giving a refund and without
prior notice under the following conditions:
i The customer is consuming our time dealing with unwarranted
complaints and legal matters
ii The customer is endangering our system or overloading the
network.
iii The server is being used for activities we deem inappropriate.
The server is being used for criminal activities.
iv The unauthorised use of IP numbers, flooding, sniffing,
netmasks, gateways, etc.
9. Subject to any individually agreed contract, once
you have exhausted the number of website design concepts available,
you are under legal obligation to select at least one design
concept presented to you.
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GENERAL
TERMS AND CONDITIONS OF SERVICE AVAILABILITY
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.
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INTELLECTUAL
PROPERTY RIGHTS AND OTHER CONSENTS
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 but
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.
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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.
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TERMINATION
OF SERVICE
1. We may terminate this agreement forthwith if you fail to
pay any sums due to us as they fall due.
2. 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.
3. 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.
4. We may terminate or suspend any web site which is deemed
to be causing a disruptive service to our clients as a whole.
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PAYMENT
1. All charges payable by you to us for the Services shall
be in accordance with the relevant scale of charges and rates
published from time to time by us on our web site, and in
the manner for the time being prescribed by law and shall
be due as indicated on the invoice and under no circumstances
payable later than seven (7) days of receipt of our invoice.
2. 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.
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LIMITATION
OF LIABILITY
1. 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.
2. Nothing in these terms and conditions shall exclude our
liability for death or personal injury resulting from our
negligence.
3. 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.
4. 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.
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NOTICES
Any notice to be given by either party to the other may be
sent by either e-mail, 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 e-mail 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.
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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.
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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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PRIVACY
POLICY
We will keep your details securely and not send you any unsolicited
mail in any format. We are committed to protecting your privacy.
We will only use the information that we collect about you
lawfully (in accordance with the Data Protection Act 1998).
We collect information about you for 2 reasons: firstly, to
process your order and second, to provide you with the best
possible service. The type of information we will collect
about you includes: your name address phone number e-mail
address We will never collect sensitive information (e.g.
your racial origin or sexual preferences) about you without
your explicit consent. The information we hold will be accurate
and up to date. You can check the information that we hold
about you by e-mailing us. If you find any inaccuracies we
will delete or correct it promptly. The personal information
which we hold will be held securely in accordance with our
internal security policy and the law. If we intend to transfer
your information outside the EEA (European Economic Area)
we will always obtain your consent first. If you have any
questions/comments about privacy, you should e-mail us at
privacy@netmedia.uk.com.
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COMPLAINTS/REFUNDS
If you have any complaints, or have a dispute, we will act
swiftly to resolve them. If you feel you are entitled to a
refund on any of our services, we will act swiftly to resolve
the matter. All refunds are at our discretion. Please e-mail
us at refunds@netmedia.uk.com if you have any further queries
related to refunds.
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