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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.

 

   4-GPs Limited
 Company Number:
       04221687

 15 Ivyhouse Road
 Ickenham, Middx
 UB10 8NF, UK.

 Tel: 01895 460 569
 Mob: 07732359922
  
 E-mail:
  Sala.Salih@4-GPs.co.uk

         
 

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