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All clients and users of services provided by 4-GPs Limited, its
suppliers or affiliates, by use of such services, accept the
terms of business set out in the form of service agreement
which follows, irrespective of the mode or manner of ordering
employed by the User when ordering the services.
IMPORTANT:
1: Pornography and sex-related media, web pages, merchandising,
e-mail or any other form of communication or display are PROHIBITED
from any 4-GPs Limited service and those of its suppliers;
2: Spamming, or the sending of unsolicited bulk e-mail, from
4-GPs Limited server or those of its suppliers is STRICTLY PROHIBITED.
1. DEFINITIONS "Client" and "User" mean a customer of 4-GPs Limited.
"Services" means web-design, domain name registration, web
site hosting, web-maintenance and any other service or facility
provided by 4-GPs Limited or it's suppliers. "Server" means the
computer server equipment operated by 4-GPs Limited or it's suppliers
in connection with the provision of the Services. "Web Site"
means the area on the Server allocated (whether paid for or
otherwise) to the Client for use by the Client as a site on
the Internet.
2. DOMAIN NAME REGISTRATION
2.1 4-GPs Limited makes no representation that the domain name the
Client wishes to register is capable of being registered by
or for the Client or that it will be registered in the Client
name. The Client should therefore not assume registration
of the Client requested domain name(s) until the Client has
been notified of completion of the registration of the domain(s).
Any action taken by the Client before such notification is
at the Clients own risk;
2.2 The registration and use of the Clients domain name is
subject to the terms and conditions of use applied by the
relevant naming authority; the Client shall ensure its awareness
of those terms and conditions and that the Client complies
with them. The Client shall have no right to bring any claim
against 4-GPs Limited in respect of refusal to register a domain
name. Any administration charge paid by the Client to us shall
be non-refundable notwithstanding refusal by the naming authority
to register the Clients desired name;
2.3 4-GPs Limited shall have no liability in respect of the use
by the Client of any domain name; any dispute between the
Client and any other person must be resolved between the parties
concerned in such dispute. If any such dispute arises, 4-GPs Limited
shall be entitled, at our discretion and without giving any
reason, to withhold, suspend or cancel the domain name. 4-GPs Limited
shall also be entitled to make representations to the relevant
naming authority but will not be obliged to take part in any
such dispute;
2.4 4-GPs Limited shall not release any domain to another provider
unless full payment for that domain has been received by us.
3. WEB SITE HOSTING, OnLine Transactions and E-mail;
3.1. 4-GPs Limited makes no representation and give no warranty
as to the accuracy or quality of information received by any
person via the Server and 4-GPs Limited shall have no liability
for any loss or damage to any data stored on the Server;
3.2. The Client shall effect and maintain adequate insurance
cover in respect of any loss or damage to data stored on the
Server;
3.3 The Client represent, undertake and warrant to us that
the Client will use the Web Site allocated to the Client only
for lawful purposes. In particular, the Client represent,
warrant and undertake to us that:
3.3.1 the Client will not use the Server in any manner which
infringes any law or regulation or which infringes the rights
of any third party, nor will the Client authorise or permit
any other person to do so.
3.3.2 the Client will not post, link to or transmit
a. Any material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or
otherwise objectionable in any way;
b. Any material containing a virus or other hostile computer
program;
c. Any material which constitutes, or encourages the commission
of, a criminal offence or which infringes any patent, trade
mark, design right, copyright or any other intellectual property
right or similar rights of any person which may subsist under
the laws of any jurisdiction.
3.4 The Client shall keep secure any identification, password
and other confidential information relating to the Clients
account and shall notify us immediately of any known or suspected
unauthorised use of the Clients account or breach of security,
including loss, theft or unauthorised disclosure of the Clients
password or other security information;
3.5 The Client shall observe the procedures which 4-GPs Limited
may from time to time prescribe and shall make no use of the
Server which is detrimental to our other customers;
3.6 The Client shall procure that all mail is sent in accordance
with applicable legislation (including data protection legislation)
and a secure manner;
3.7 Any access to other networks and services via services
provided by, on behalf of, by a subcontractor to or via 4-GPs Limited
must comply with the rules appropriate for those other networks
or services. This specifically, but not exclusively, includes
the facilities offered by International Strategies Ezyfind.com,
Actinic Software limited, Gillett Multi Media, UK Hosting
and their associate and parent companies;
3.8 While 4-GPs Limited will use every reasonable endeavour to ensure
the integrity and security of the Server, 4-GPs Limited does not
guarantee that the Server will be free from unauthorised users
or hackers and 4-GPs Limited shall be under no liability for non-receipt
or mis-routing of email or for any other failure of email;
3.9 4-GPs Limited will make every effort to make secure any credit
card transaction facilities provided by 4-GPs Limited or it's suppliers.
However, the security of any on-line service cannot and is
not guaranteed and 4-GPs Limited accepts no liability for losses
incurred by its clients or users of client's web-sites or
other on-line services. Legislative, statutory and commercial
regulations may apply and are subject to change. It is incumbent
on the client and users to ensure they operate in accordance
with such regulations and 4-GPs Limited will accept no liability
in respect of losses, terminations and / or legal proceedings
in connection with such services. 4-GPs Limited will however take
all reasonable steps to ensure that the facilities it designs
and/or provides remain in service and in compliance with any
applicable regulations of which it is aware.
4. SERVICE AVAILABILITY
4.1 4-GPs Limited and it's suppliers shall use our reasonable endeavours
to make available to the Client at all times the Server and
the Services but 4-GPs Limited shall not, in any event, be liable
for interruptions of Service or down-time of the Server;
4.2 4-GPs Limited and it's suppliers shall have the right to suspend
the Services at any time and for any reason, generally without
notice, but if such suspension lasts or is to last for more
than 30 days the Client will be notified of the reason;
4.3 The Services provided to the Client hereunder and the
Clients account with us cannot be transferred or used by anyone
other than the Client. For web hosting accounts, no more than
one log-in session under any one account may be used at any
time by the Client. If the Client has multiple accounts, the
Client is limited to one login session per system account
at any time; user programs may be run only during log-in sessions.
If the Clients account is found to have been transferred to
another party, or shows other activity in breach of this subclause,
4-GPs Limited shall have the right to cancel the account and terminate
the Services and/or this Agreement immediately.
5.PAYMENT
5.1 All payments must be in UK Pounds Sterling. If the Clients
cheque is returned by the bank as unpaid for any reason, the
Client will be liable for a "returned cheque" charge of £25;
5.2 All charges payable by the Client for the Services shall
be in accordance with the scale of charges and rates published
from time to time by us on our web site and shall be due and
payable within 7 days of the date of any invoice. Charges
are exclusive of 'Value Added Tax' which shall be paid additionally
by the Client at the rate prescribed by law on submission
by us of a proper VAT invoice;
5.3 Without prejudice to our other rights and remedies under
this Agreement, if any sum payable is not paid on or before
the due date, 4-GPs Limited shall be entitled forthwith to suspend
the provision of Services to the Client.
6. INTELLECTUAL PROPERTY RIGHTS The Client shall obtain any
and all necessary consents and clearances to enable the Client
lawfully to make use of all and any intellectual property
rights through the Services, including without limitation,
clearance and/or consents in respect of the Clients proposed
domain name.
7. INDEMNITY The Client shall indemnify us and keep us indemnified
and hold us harmless from and against any breach by the Client
of these terms of business and any claim brought against us
by a third party resulting from the provision of Services
by us to the Client and the Clients use of the Services and
the Server including, without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses), howsoever
suffered or incurred by us in consequences of the Clients
breach or non-observance of this Agreement.
8. TERMINATION Without in any way limiting our rights under
subclause 4.3:
8.1 if the Client fail to pay any sums due to us as they fall
due, 4-GPs Limited may suspend the Services and/or terminate this
Agreement forthwith without notice to the Client;
8.2 if the Client break any of these terms and conditions
and the Client fail to correct the breach within thirty (30)
days following written notice from us specifying the breach,
4-GPs Limited may terminate this Agreement forthwith upon written
notice;
8.3 if the Client are a company and the Client go into insolvent
liquidation or suffer the appointment of an administrator
or administrative receiver or enter into a voluntary arrangement
with the Clients creditors, 4-GPs Limited shall be entitled to terminate
this Agreement forthwith without notice to the Client;
8.4 on termination of this Agreement or suspension of the
Services 4-GPs Limited shall be entitled immediately to block the
Clients Web Site and to remove all data located on it. 4-GPs Limited
shall be entitled to delete all such data but 4-GPs Limited may,
at our discretion, hold such data for such period as 4-GPs Limited
may decide to allow the Client to collect it at the Clients
expense, subject to payment in full of any amounts withstanding
and payable to us. 4-GPs Limited shall further be entitled to post
such notice in respect of the non-availability of the Clients
Web Site as 4-GPs Limited thinks fit.
9. LIMITATION OF LIABILITY
9.1 All conditions, terms, 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 are hereby excluded,
subject always to subclause 9.2;
9.2 Nothing in these terms and conditions shall exclude our
liability for death or personal injury resulting from our
negligence;
9.3 Our total aggregate liability to the Client 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 the Client in respect of
the Services which are the subject of any such claim;
9.4 In any event no claim shall be brought unless the Client
have notified us of the claim within one year of it arising;
9.5 In no event shall 4-GPs Limited be liable to the Client for
any loss of business, contracts, profits or anticipated savings
or for any other indirect or consequential or economic loss
whatsoever.
10. NOTICES Any notice to be given by either party to the
other may be sent by either email, 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 email 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.
11. LAW This Agreement shall be governed by and construed
in accordance with English law and the Client hereby submits
to the non-exclusive jurisdiction of the English courts.
12. HEADINGS Headings are included in this Agreement for
convenience only and shall not affect the construction or
interpretation of this Agreement.
13. ENTIRE AGREEMENT These terms and conditions together
with any documents 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. In agreeing to these terms and conditions,
the Client has not relied on any representation other than
those expressly stated in these terms and conditions and the
Client agrees that the Client shall have no remedy in respect
of any misrepresentation which has not been made expressly
in this Agreement. Please PRINT
and retain this document for your own records and reference.
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