Terms and Conditions
Your Statutory rights are not affected by any of the following terms and conditions.
This Agreement represents the Terms & Conditions which apply between the Customer and Cornweb (hereafter referred to as the Supplier) in relation to the provision of Web Design, Web Hosting and Computer Services (hereafter referred to as the Service).
By registering for the Service you are acknowledging these terms and conditions and agree to be bound by them.
Definitions
Technical Support means the receipt and provision of assistance to the Customer.
Renewal Fee means a charge payable to the Supplier each year and for which subsequent payments shall be made on the same date each year.
CGI means Common Gateway Interface
DNS means Domain Naming System
Domain Name means a unique identifying address which represents an internet website address.
E-Mail Configuration means the process of configuring a Registered Users computer to connect to the Registered Users Web Hosting.
Space for the purpose of sending & receiving e-mail using, but not restricted to Microsoft Outlook Express or versions of Microsoft Outlook.
E-Mail Facility means the provision of electronic mail services using the Webspace and the Customers Domain Name.
FTP means File Transfer Protocol.
FTP Program means a software program for uploading data from a remote computer to the Users Web Hosting Space using FTP.
Hardware - means a device used to facilitate communication within a computing device.
Software - means a computer program or program code. capable of providing information to a computing device.
1. SUPPLIERS RESPONSIBILITIES
The Supplier is responsible for providing the Customer with the following:
(i) Webspace
(ii) E-Mail Facility
(iii) Technical Support
(iv) Products and Services
2. EXCLUSIONS FROM THE SERVICE
The following are specifically excluded from the Service:
(i) Telephone Support direct to non customers
(ii) Advice or support for non customers.
(iii) Any access by the Supplier to the customers Webspace via FTP or other electronic means unless with prior agreement with the customer.
(iv) Advice or support to enquiries received from non customers
(v) Adult Content
(vi) Spam
(vii) Any content which contravenes the Suppliers Acceptable Usage
3. CUSTOMERS RESPONSIBILITIES
The Customer is responsible for ensuring that they will not display via the webspace any materials which:
(i) Break, contravene, infringe or violate any UK or Foreign Laws or regulations;
(ii) Break, contravene, infringe or violate any intellectual property rights of Cornweb or any other third party;
(iii) Are defamatory, slanderous or libellous;
(iv) Are harassing or threatening;
(v) Are discriminatory based on gender, race, age or promotes hate;
(vi) Contain viruses or other computer programming defects which result in damage to Cornweb or any third party
(vii) The Customer accepts that they will use only properly licensed third party software in relation to the Service.
(viii) The Customer is responsible for ensuring that they have made back-up files.
4. CONTACT WITH THE SUPPLIER
The Customer acknowledges and recognises that all contact with the Supplier in the first instance should be made via e-mail to enquiries@cornweb.co.uk.
The Customer agrees that the Supplier is not obliged to offer telephone support as part of the Service. No Refunds will be given at any time for any services used by the Customer.
Any software which has been opened or used in any way by the Customer or Supplier can not be returned to the Supplier for a refund or replacement.
Any hardware provided by the Supplier to the Customer comes with a 12 months warranty, all hardware items except notebook computers and PC's provided by the supplier must be returned directly to the manufacturer for repair/replacement if found to be defective within the 12 month period.
5. FEES & SPECIAL ORDERS
The Service Charges shall be those published on the Suppliers website at the address: http://www.cornweb.co.uk.
The customer agrees to pay 50% in advance for notebook computers and PC's which are purchased specially for the Customer.
The Supplier reserves the right to refuse service to the Customer should the Annual Fee not be paid in advance of the Service Year.
Where a payment has not been received within the 30 day invoicing period, a £25.00 administration fee will be added to the invoice in addition to a fee of 1% per day of the amount outstanding unless agreed in advance.
Prices and specifications subject to change without notice. |
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6. SERVICE INFORMATION AND ITS USE
All goods and services remain the property of Cornweb untill paid for in full. Cornweb has the right to terminate any service that has gone unpaid.
7. OBLIGATIONS RELATING TO DATA PROVIDED BY THE CUSTOMER
If the Customer is registering the Service on behalf of a third party, the Customer hereby confirms that they have received their prior written consent to do so and their agreement to these terms and conditions. The Customer hereby indemnifies the Supplier against any actions or legal proceedings from any third parties relating to any such registrations.
8. DISCLOSURE AND USE OF REGISTRATION INFORMATION
This agreement authorises the Supplier to use any information provided to them as required for the purpose of providing the Service.
The Customer hereby irrevocably waives any and all claims and causes of action that the Customer may have arising from such disclosure or use of the Service registration information.
The Supplier agrees that any information received from the Customer will not be used in any way except for the purposes stated in this agreement.
The Supplier will take reasonable precautions to ensure that any information provided by the Customer is protected against loss, misuse, unauthorized access or disclosure, alteration or destruction.
9. LIMITATION OF LIABILITY
(i) The Customer agrees that the Supplier shall, under no circumstances, be liable for any damages resulting from loss of profits or data arising out of or in connection with this Agreement. In particular the Supplier will not be liable for the following:
(ii) Interruption of the Customers business events beyond the reasonable control of the Supplier.
10. INDEMNIFICATION OF THE SUPPLIER
The Customer agrees to indemnify the Supplier and proprietor against any action arising from action on the part of the service.
This indemnification is in addition to any indemnification required under the Dispute Policy.
11. BREACH AND REVOCATION
The Supplier reserves the right to suspend, cancel or refuse delivery of the Service to any Customer in the event that:
(a) The Customer materially breaches this Agreement;
(b) The Customer provides false or inaccurate information;
(c) The Customer breaches the Suppliers Terms and Conditions.
Acceptable Usage Policy
12. FORCE MAJEURE
The Supplier shall not be liable for any delay or failure in performance of its obligations under this Agreement which is due to or results from any acts, events, omissions, happenings or non-happenings beyond its reasonable control including acts of God, strike, work stoppages, governmental 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 its reasonable control.
13. TERMINATION
Termination may be made by either the Supplier or the Customer with 30 calendar days notice. Such notice must be in writing in the form of an e-mail or letter to enquiries@cornweb.co.uk.
14. GOVERNING LAW
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, shall be governed by and construed in accordance with the laws of the United Kingdom.
15. STATUTORY RIGHTS
These terms and conditions do not affect your statutory rights as a consumer.
Revised and Updated April 2008
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