Terms & Conditions 

TERMS & CONDITIONS:

DEFINITIONS
The following terms of business apply to any or all of the domain name registration, website hosting, e-mail services (together "Services" and individually "Service") to be provided by us to you from time to time. "Server" means the computer server in connection with the provision of the Services. "Website" means the area on the Server allocated by us to you for use by you as a site on the Internet

TERMS AND CONDITIONS OF SERVICES - BROWSER COMPATABILITY
Plattweb can only guarantee design for the latest versions of both Microsoft Internet Explorer & Firefox.  Designs may vary in either browser and this is out of our control, we optimise our site for Internet Explorer as this has an ever increasing majority in terms of users. This is illustrated clearly at http://www.w3schools.com/browsers/browsers_stats.asp .
 
DOMAIN NAME REGISTRATION
1. We will, under all circumstances, unless agreed in writing before registration takes place, remain the registrant and administrator of the domain name(s) on our clients behalf. We will at all times, during the leased period of the domain name(s), have the domain names(s) hosted on our Server or “pointed” to any other Server with another company, should we not be hosting the website. We reserve the right of usage of the domain name(s) by our client in the event of expiry or outstanding monies for the renewal(s).

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 Plattweb 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.

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.

WEB SITE HOSTING / E-MAIL
4. 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.

5. 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;
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
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.

6. You are responsible for sending e-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.

7. You warrant, undertake and agree that:
a. 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, and
b. in the event of changing your website host from Plattweb to an alternative party, we will require 4 weeks written notice.  In the event of this not being received by Plattweb, you will be eligible for the annual cost of the hosting.  This is not worked out on a pro-rata basis unless a mutual agreement has been come to in writing beforehand.

8. 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.


General Terms & Conditions Service Availability:

1 .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 AND OTHER CONSENTS
2. 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
3. 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.

TERMINATION
4. We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.

5. 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 thirty (30) 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.

6. 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 14 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.

PAYMENT
7. Plattweb hourly rate is £60.00 per hour. The provision by us of the Services is contingent upon our having received payment in full from you in respect of ALL services that Plattweb handle on your behalf. We will require a 50% deposit of the overall amount for us to begin works for a website. Deposits are non-refundable unless pre-agreed in writing. Furthermore, after 6 months, you will be invoiced a percentage of the outstanding amount of works carried out which will be at our discretion should the website be incomplete as a result of you not supplying us with the necessary information / data / images to do so. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date of the invoice, we reserve the right, forthwith and at our sole discretion, to suspend all provision of Services to you. This includes domain name renewals, annual hosting renewal, 6/12 monthly search engine optimisation contracts, content management systems, etc. Plattweb will retain the items until ALL outstanding amounts are paid up to date. Further, there will be a £295 administration charge added for all extra works and time carried out.

8. All charges payable by you to us for the Services shall be in accordance with the agreed terms as indicated on the invoice and under no circumstances payable later than fourteen (14) days of receipt unless otherwise agreed in writing.  LIMITATION OF LIABILITY

9. 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.

10. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

11. 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.

12. 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.

CUSTOMER APPARATUS

The customer shall at it's own cost be responsible for the maintenance and / or replacement of any customer apparatus.

NOTICES

Any notice to be given by either party to the other must be sent by 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 on receipt of 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. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. You confirm that, in agreeing to these terms and conditions, you have not relied on any representation save insofar as the same has expressly in these terms and conditions been made a representation and you agree that you shall have no remedy in respect of any misrepresentation (other than a fraudulent misrepresentation) which has not become a term of this agreement.

COPYRIGHT

Copyright for any web site remains the property of PLATTWEB unless it has been specifically stated in writing an agreed figure for the sale of it. Should any monies remain unpaid, PLATTWEB reserves the right to either delete or sell the entire web site and any domain names associated with the site, if applicable, to a 3rd party without notice to the client.

 

 
C.M.S.
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020 8886 2930
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