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| 1 |
Commencement |
| 1.1 |
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A contract will exist between us only when we send you a written or e-mail confirmation that we have accepted the order. |
| 1.2 |
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Hosting and site marketing services will be charged for in advance. |
| 1.3 |
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Where we are hosting your website, if the data transferred from your site exceeds 2.5 Gigabytes in a month an additional charge of £9.95 per 2.5 Gigabytes transferred will be made. |
| 2 |
Our Obligations |
| 2.1 |
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We will make the services recorded on the order confirmation available to you. |
| 2.2 |
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Where appropriate we will endeavour to provide a proof of material we have created. |
| 2.3 |
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Where the provision of service requires us to register a domain name, we will arrange for the registration and will pay the appropriate fee for that registration. |
| 2.4 |
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In all marketing activities we are acting on your behalf as your agent. If third-party providers choose to withdraw or alter a service, we reserve the right to terminate the contract. |
| 3 |
Your Obligations |
| 3.1 |
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You must pay our charge for all the services you have ordered. |
| 3.2 |
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Where we need to receive site content from you, you must advise us or send us the content. |
| 3.3 |
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You must ensure that anything you require us to do is completely lawful. |
| 3.4 |
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You must ensure that content is decent and honest, and supplied in a suitable format. Electronic files shall have been produced using properly licensed software and will be free from computer viruses. |
| 3.5 |
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Information given by you when applying to register a domain name is both true and correct. |
| 3.6 |
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If we have sent you a proof of site material and you do not ask for any changes to be made within 10 days of having the ability to view the proof, it will be assumed that you have accepted the material. Any subsequent modifications or changes will be charged as per our current rate for making website changes. |
| 4 |
Domain Name Registration |
| 4.1 |
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Domain names are registered on a first come first served basis. If your choice of domain name is not available when we attempt to secure it, we will contact you and the contract for the domain name will terminate. You will not have to pay the registration fee and we will have no further liability to you. |
| 4.2 |
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Once the domain name is registered, we will send you written or email confirmation and will send you an invoice for the agreed registration fee. |
| 4.3 |
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Upon renewal of registration if you decide not to renew you will surrender all rights to the use and ownership of the domain name. |
| 4.4 |
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Where your domain names are held by Get on Fast Limited they are exclusively your property and will be released to your control without cost upon written request. |
| 5 |
Payment |
| 5.1 |
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When payment is due we will send you an invoice. You must pay the whole amount by the due date indicated on the invoice. |
| 5.2 |
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If the material has been proofed in accordance with sections 2.2 and 3.6 you must pay the invoice by the duedate whether or not you have requested any changes. |
| 5.3 |
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Copyright and intellectual property rights of any material we make available to you remain the property of Get on Fast Ltd until such time as all outstanding charges have been paid in full. |
| 6 |
Meeting our Obligations |
| 6.1 |
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You understand and accept the computer and telecommunications systems are not fault free and may occasionally require periods of down time. We will make every endeavour to minimise any periods of down time but cannot guarantee uninterrupted availability. |
| 6.2 |
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We accept liability to you for loss you suffer because you are injured or die as a direct result of our negligence. We have no obligations or liability in contract, tort, or breach of statutory duty beyond that of a duty to exercise reasonable skill and care. |
| 6.3 |
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For the registration of a domain name our sole and total liability to you, including liability for negligence, is limited to 100% of the registration fee. |
| 6.4 |
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In any event, we have no liability to you at all in respect of errors or omissions, whether or not arising from our negligence, for any indirect loss, loss of business, revenue, or profit, wasted expenditure or any financial loss of any sort, except for the provisions of section 6.2 and 6.3. |
| 6.5 |
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We endeavour to correct any omission or error with out charge as soon as reasonably practical. |
| 6.6 |
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We do not accept any liability for the use of a domain name when there is a conflict with trade marks, registered or unregistered, or rights to the name in other contexts. |
| 7 |
Meeting your Obligations |
| 7.1 |
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You must indemnify us against any claim threatened or made against us by anyone other than you, arising as a result of our providing the services. |
| 7.2 |
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Even if we have a contract with you, we shall be entitled to prevent the display of the whole or part of a website hosted by us or any other material we make available to the public, or suspend any marketing services, without notice to you if: we alone conclude the material is unlawful, misleading, offensive, prejudicial or inflammatory; it is likely to expose us to claims, lead us into prosecution, or infringes the legal rights of others; or if you fail to pay the charge for the service when it is due. |
| 7.3 |
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Where the contract is for a domain name you must indemnify us against any claim that the registration of the domain name or its subsequent use is directly or indirectly infringing the legal rights of any third party. |
| 8 |
Terminating the Contract |
| 8.1 |
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We can end the contract immediately if: you fail to pay the money you owe us, you fail to do what you agree to do under the conditions, any bankruptcy or insolvency proceedings are brought against you, if a receiver is appointed over your assets, or if you are a company and you go into liquidation. |
| 9 |
The Law |
| 9.1 |
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The contract is made in and subject to the laws of England. |
