ClearCut Web Solutions Ltd

Terms & Conditions

Date: 10/01/2011

By placing an order with ClearCut Web Solutions Ltd, you confirm that you agree to be bound by the terms and conditions below.

Definitions:

The Client : The Company or individual requesting the services of ClearCut Web Solutions Ltd

The Company : ClearCut Web Solutions Ltd

Company Number: 7059558

Registered Office : 58 Weaverham Road, Sandiway, Northwich CW8 2NF

The Network: All equipment and resources under the control of ClearCut Web Solutions Ltd

Contract Terms:

The contract between the Company and the Client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

The contract between the Company and the Client will be governed by the laws of England and Wales.

The Company reserves the right to update the terms and conditions when necessary. The Client agrees to be bound by the new terms and conditions if after being notified of an update (by email or letter) they continue to use the service without informing the Company of an issue within 1 calendar month of such notice.

Copyright:

The Company are not responsible for ensuring the copy, images or any material used by or displayed on the Clients web site are free of copyright infringements.

The Company is not responsible for any copyright infringements caused by materials displayed on the Client’s web site. The Company reserves the right to refuse any material unless adequate proof is given of permission to use such material.

The layout, design and source code / files of any web site created by the Company will remain the property of the Company, and the copyright therein, shall remain the property of the Company.

Services

The Company will provide services using all reasonable care and skill.

The Company shall make all reasonable efforts to notify the Client of any planned changes that may affect the services provided. Such changes include, but are not limited to, changes to the network, routine and emergency maintenance downtime.

Where the Company supplies, in connection with the provision of the Services, any goods or services supplied by a third party, the Company gives no warranty nor guarantee in relation to those goods or services. The Company shall, where relevant, assign to the Client the benefit of any warranty, guarantee or indemnity given by any third party supplying goods or services to the Company.

Web site provision and email provision is subject to the terms and conditions of the third party provider and those terms and conditions may be viewed at www.heartinternet.co.uk/terms/ and www.site5.com/support/terms/reseller. The Client shall be deemed to have full knowledge of such terms and conditions and the supply by the Company of services is subject to those terms and conditions.

Acceptable use policy

  • The Acceptable Use Policy of the Company defines actions which the Company considers to be abusive and therefore strictly prohibited.
  • When using services supplied by the Company, the Client must ensure that all services associated with its account are acceptable to the Company under the terms of the Acceptable Use Policy.
  • In the event of breach of the policy by the Client, the Company reserves the right to suspend or withdraw services and in that event the Client waives its right to make and shall not make any claims against the Company in respect of refunds for unused services and performance.
  • The Client is prohibited from transmitting on, or through any services of the Company, any material that is, in the opinion of the Company, unlawful, obscene, threatening, abusive, libelous or likely to encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, national or international law. The services supplied by the Company may be used only for lawful purposes.
  • Transmission, distribution, or storage of any information, data or material in contravention of UK , European, or other international regulation or law, or by the common law, is prohibited. Such material includes, but is not limited to, material protected by copyright, trademark, trade secret or any other statute.
  • The Client may not use the services of the Company to circumvent user authentication or the security of any host, network or account. Such circumvention includes, but is not limited to, accessing data not intended for the Client, logging into a server or account, the Client is expressly not authorised to access, password crack, probe the security of other networks in search of weakness, or violate any other organisation's security policy.
  • The Client may not attempt to interfere with or deny service to any user host or network. In particular, but not by way of limitation, the Client shall not attempt to overload or crash a host or network system.
  • The Client shall ensure that all web site content has been suitably tested prior to publication to a shared server. In the event that the Company believes that a particular web site is abusing the resources of a server, the Company reserves the right to suspend or limit the services the Company would normally make available. Normal service will only be resumed when the Client has identified and rectified any anomalies within the web site. The Company may, at its discretion, make a charge to the Client for work carried out by the Company in identifying the abuse of the shared server resources.
  • The Client is not authorised to load or install any application or component of any description to a shared server.
  • The Company will not under any circumstances tolerate Unsolicited Commercial Email (UCE) that is in any way associated with the Company, its Clients, or any of its Clients’ associates. Infringement of this policy may result in the removal of the Company from the advertised or originating site, temporary shutdown of the server or a block on outgoing mail, or a permanent disconnection to this service. Such infringements include, but are not limited to:
  • Attempting to transmit an e-mail via the Company services from a domain name that is not known on the Company’s network.
  • Sending mail to users who have not specifically requested such mail, including opt-out mailing lists.
  • Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at the Company to users that have not specifically requested such mail.
  • Forging of message headers to mask the originator of the message.
  • Harassment, whether through language, frequency or size of messages.
  • The Company will co-operate fully with investigations of violations of systems or network security, including co-operating with law enforcement authorities in the investigation of suspected criminal violations. A Client who violates systems or network security may be subject to criminal or civil liability.
  • Any material including text, graphics, photographs, designs, trademarks or any other form of material for the inclusion on a web site, whether provided electronically to the Company or where it is requested to scan such material into its computer, will be assumed to be the property of the Client or it will be assumed that the Client has permission from the rightful owner to use such material and will defend, indemnify, save and hold harmless the Company from any liabilities, losses, costs and claims including all legal fees that may arise or result from the use of such material as instructed by the Client.

3rd Party Registrations / Domain name

  • The Company will use its best endeavors to effect the successful registration of a domain name itself, or through its agents, as requested by the Client. The Company does not accept any liability for failing to register such domain names requested by the Client.
  • It is the responsibility of the Client to ensure that the details provided are correct and valid at the time of a new domain name registration to the Company. Details must include the registrant’s name, company or individual’s name, full address, post-code, country, valid e-mail address and international telephone number.
  • The Company does not operate a cancellation process for new domain name registrations or refund any charges in respect of the domain name registration.
  • Transfers to or from the Company are completed free but may be subject to adding one year to the domain’s exploration date and the associated costs of such addition will be passed on to the Client by the Company.
  • When requested to transfer a domain to another host the Company will endeavor to complete its obligation within 7 working days, and on completion of the transfer the Client will pay the Company the sum of £25.
  • Where the Company is not the administration contact of a domain name, the Company gives no warranty for the completion of any transfer.
  • No domain name can be transferred to an alternative host if the Client’s account is in arrears, whether or not the domain is owned by the Client.
  • Where the Company acts as the billing contact with a recognized registrar or naming authority, the Company will, via post or e-mail, advise the Client of the due renewal of a domain name. If the Client fails to respond in reasonable time and make payment prior to the invoice due date, the domain name shall not be renewed.
  • If the Company is the administration contact for a domain name, the Client will, when appropriate, request the Company to amend the registrants details accordingly. These changes will be carried out by the Company free of charge, except where a change of ownership applies.
  • Domain name registrations/renewal fees will be paid by the Company on behalf of the Client. The Client will reimburse all registrations/renewal fees to the Company.The registration and use of domain names on the internet are subject to the requirements of the relevant naming authority/registrar with whom the domain name has been registered.
  • The Company will register domain names and configure them to the Company’s hosting provider. If the Client has already registered a domain name such domain name will be configured to the named servers provided by the Company. The Company does not accept any responsibility for and is not liable for the following:

Suspension or loss of a domain name.

  • Interruption of business.
  • Infringement of the rights of a third party either directly or indirectly.
  • Names already registered by a third party or by the Client.
  • The Company will make every reasonable effort to design each web page for acceptable display in the most popular browsers. The Company does not accept responsibility for any pages that do not display acceptably in less popular browsers or more recent versions of browsers released after the pages have been created. The Company does not accept responsibility or liability for any search engine, on-line directory or search site, which chooses not to list the Client’s web site or give such web site a low placing in the search engine result.
  • The Company cannot guarantee that any search engine will index or list any web pages or web sites that are submitted to them by the Company
  • The Company is unable to guarantee that the Client will receive any email, online orders, bookings, visitors and so forth to their web pages or website.

Network

  • The Company’s Network does not include:-
  • Equipment located on the Client’s premises.
  • Telephone circuits between a POP and the Client’s location.
  • Any networks or network equipment not owned or controlled by the Company
  • The Company will make all reasonable efforts to notify the Client of any planned changes to the Company’s network of facilities which affect the services provided.

Payments

  • Unless otherwise agreed in writing, all services will be invoiced on completion. Where monthly subscriptions are agreed, these shall be paid by monthly standing order or direct debit on an agreed monthly date.
  • Payment is due from the Client 30 days from the date of the invoice. The Client will ensure that all payments are received by the Company on or before the due date.
  • The Company reserves the right to suspend services, without notice, in the event the Client fails to make the required payment by or on the due date.
  • Interest on late payments will be charged under the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
  • In the event of the Company reinstating services, the Company will charge the Client for each service reinstated.
  • Any payment from the Client returned by the Company’s Bank will result in the Company charging a £25 administration fee which will be added to the original invoice.
  • If, after commissioning the web site the Client withdraws from its contract with the Company, the Client will be invoiced for the proportion of work already completed by the Company.
  • Upon receipt of payment the web site will be uploaded on to a third party web hosting provider where the web site will be hosted for an initial period of 12 months. The Company will not be liable for any loss or damage, whether indirect, direct, incidental, consequential which may be experienced by the Client and caused by the third party hosting provider.
  • Upon receipt of payment the Company will set up 2 web based (POP) e-mail accounts for the Client to use for the initial period of 12 months. The Client will provide the 2 account names and passwords. The Company will not be liable for any loss or damage, whether direct, indirect, incidental or consequential which may be experienced by the Client and which is caused by the third party e-mailing provider, nor for any loss or damage, whether direct, indirect, incidental or consequential which may be caused by the Clients use of any controlled panel or FTP (filed transfer protocol) provision supplied by the Company.

Fees / Costs

  • Costs for services procured or guaranteed for the contractual period shall be agreed between the Company and the Client.
  • The Company will neither increase nor decrease costs charged to the Client should the cost to the Company increase or decrease during the contractual period.
  • The Company reserves the right to change its charging structure at any time. Such changes will not affect existing contractual agreements between the Company and the Client.

Contract Duration

  • The minimum contract period will be 12 months and either party may terminate the contract by giving to the other 3 months notice of termination in writing.
  • The Company may terminate this contract at any time if the Client commits a repeated or material breach of an obligation under these terms and conditions, becomes bankrupt, has an interim receiving order made against him, enters into any deed of arrangement with creditors, becomes a patient under the Mental Health Act 1983, is subject to a winding up order, has been placed in receivership, or has ceased trading.
  • The Client may request their service be upgraded at any time. The Company will then negotiate a new contract with the Client and the upgrade shall not be effected until such new contract has been signed the Client.

Limitations

  • Whilst the Company will at all times make every effort to ensure the standard and delivery of services, the Company gives no warranty of any kind, expressed or implied, for the services provided to the Client. Such lack of warranty includes, but is not limited to, loss of business, loss of data and all services interruptions.
  • The Company will use its best endeavors to search engine optimise the website of the Client to ensure that the website is as searched engine efficient as possible and as far as the Company is able ensure that the website is towards the top of Google or any other search engine provided always that the Company is unable to guarantee such optimisation neither owning nor having any influence over Google nor any other search engine.

Exclusions

  • The Company shall have no liability to the Client if the Client’s account is in arrears, the Company has suspended or withdrawn services as a result of the Client’s breach of any of these terms and conditions, is subject to a winding up order, has been placed in receivership, or has ceased trading, has become bankrupt, has had an interim receiving order made against it, enters into any Deed of Arrangement with creditors, or becomes a patient under the Mental Heath Act 1983.

Indemnity

  • The Client shall defend, indemnify, save and hold harmless the Company against any and all demands, liabilities, losses, costs and claims, including all the legal fees, that may arise or result from any service provided or performed or agreed to be performed, by the Client, its Clients, agents, employees or representatives. Such liabilities include, but are not limited to:
  • Any injury to any person or property caused by any products sold or otherwise distributed in connection with the Company’s Services.
  • Any materials supplied by the Client infringing or allegedly infringing the proprietary rights of a third party.
  • Copyright infringements.
  • Any defective product sold via the Company’s Services.
  • The Client will comply with all statutes and regulations without the Company being required to specify the same in respect of goods advertised through the Client’s web site, enquiries received by the Clients and enquiries processed through any e-mail system provided by the Company.
  • The Company will use every reasonable endeavor to insure the integrity and security of the server but does not guarantee the server will be free from unauthorised users or hackers and shall be under no liability for non receipt or mis-routing of email or for any other failure of email.

Disputes

  • All disputes, differences and questions which at any time arise between the Company and the Client arising out of or in respect of these terms and conditions shall be referred to a single arbitrator in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment of it for the time being in force.

Safety & Health

  • The Company undertakes to comply with the requirements of the Health & Safety at Work Act 1974 and other relevant statutory provisions in force.

Force Majure

  • If the Company is prevented from carrying out its services as a result of circumstances beyond its control, such services shall be suspended during any period of delay so caused. Such circumstances include, but are not limited to an act of god, riot, explosion, fire, flood, strikes, lockout, war or government restrictions.

Confidentiality

  • The Company will protect the confidentiality of the Client’s information, account information and personal communications as far as possible, consistent with the law and the legitimate interests of the Company.
  • The Company will use the Client information as required to conduct its day to day business and provide information on new or upgraded services, special offers or other services which may be of interest to the Client.
  • The Company will not disclose its the Clients’ account information unless the Company has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights property of the Company, its the Clients or others, or where the Company has a legitimate belief that the law requires such disclosure or is instructed by a court to make such disclosure.
  • The Company will not, except for the reasons set out below, disclose to third parties the contents of any communications the Company holds or generates relevant to its Clients. The circumstances under which the Company will disclose such Client communication are:
    • When it is necessary in order to provide services to the Client.
    • When it is necessary to protect the legitimate interest of the Company and its Clients.
    • When it is required to co-operate with interception orders, warrants, or other legal process which the Company, in its sole discretion, determines to be valid and enforceable.
    • When it is necessary to provide to a law enforcement agency with the contents of communications inadvertently obtained by the Company and which appear to relate to commission of a crime.
  • The Company disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on, or transmitted through its services unless ordered to make such information available by a court. The Company will review, delete or block access to communications which may harm the Company, its Clients or third parties.
  • The Company disclaims any and all liability in relation to any the Client web site links requested by the Client as part of a service provided by the Company. Such external web sites may have their own privacy and confidentiality provisions in place, which may be different to those of the Company. It is the responsibility of the Client to familiarise himself with such policies.

Privacy Policy

The Company is committed to safeguarding the privacy of our website visitors and the Company’s Privacy Policy is set out therein the schedule to these Terms and Conditions. It is the responsibility of the Client to have in force its own Privacy Policy for its own website and the Company is not liable for any demands, liabilities, loses, costs and claims (including legal fees), that may arise or result from the absence of a Privacy Policy on the part of the Client.

Click here to view the Privacy Policy.