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These are the only terms and conditions under which we are willing to provide services to you. By clicking on your acceptance of these terms you agree to be bound by them.
We are: Where the World Meets Ltd, trading as Taylor's Web Services. Our address is:
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Rainbows End, Barnes Lane,
Wellingore, LN5 0JB
United Kingdom
Email: admin@Taylors-Web-Services.com
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| 1 |
Basis of contract |
| 1.1 |
Subject to the terms set out in this document we agree to provide to you one or more of the services described on our web site at www.Taylors-Web-Services.com ("the Services") at the prices we charge from time to time, such prices also being stated on our web site. We now refer to the prices of services we sell to you as the "Price".
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| 1.2 |
The information on our Web site is to be treated in law as an invitation to you to make an offer, and is not itself an offer. Accordingly, there is no contract between us until we have accepted you as a client by sending you an email message after we have received your payment.
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| 1.3 |
In respect of additional or secondary services, the contract between us comes into existence when we accept your order for the work concerned.
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| 1.4 |
We are free to refuse your order or to offer to supply you at a different price or under different conditions.
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| 1.5 |
This document forms the basis of the contract between us automatically upon our acceptance
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| 1.6 |
If we provide a service to you free of charge, the terms of this contract still apply, with the exception of provisions relating to payment.
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| 2 |
Identification of the Service |
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You acknowledge that: |
| 2.1 |
You buy as a business and not as a consumer;
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| 2.2 |
you understand exactly what is included in the Services you have ordered;
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| 2.3 |
you are satisfied that the Services are suitable and satisfactory for your requirements;
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| 2.4 |
in entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Price and the Services given on our web site.
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| 3 |
Price increase |
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The Price is set out on our web site. We may increase it at any time. If you are a customer, we will give you 28 days months notice of any increase in the Price.
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| 4 |
Payment and value added tax |
| 4.1 |
You agree to pay the Price monthly or annually, as the case may be, for the Services. Value Added Tax is payable by UK clients and may be payable by other clients in the European Union. If you can satisfy us that you are resident in a country not liable to value added tax, then we shall not charge it to you.
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| 4.2 |
You may pay by credit card or cheque. If you pay by cheque it is your responsibility to make sure cleared funds are in our account by the due date. We do not send regular reminders in respect of cheque payments. Ongoing provision of Services to you is at risk if you do not arrange to pay us regularly.
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| 5 |
Late payment surcharge
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| 5.1 |
You acknowledge that if any payment for renewal of a contract is not received in our bank by the day on which it is due, we may suspend the Services and / or cancel this agreement
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| 5.2 |
We may choose not to cancel the agreement if you make an additional payment to us to cover the disruption caused by your late payment. This payment is:
if you have not paid 10 days after the payment became due, the additional payment is £20;
if you have not paid 20 days after the payment became due, the additional payment is £50;
if you have not paid 30 days after the payment became due, your account will be closed and services will be discontinued.
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| 5.3 |
If your account is closed by us because you have not made a payment when due or because you have for any reason failed to give us notice of cancellation you now agree to pay us:
all of the Price for Services to the end of the month of cancellation, whenever that is;
the Price for one additional month to compensate us for your failure to give notice;
and you agree that these terms are reasonable.
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| 6 |
Consent to use of personal data |
| 6.1 |
(This paragraph has been included primarily to enable us to comply with the laws of countries within which we operate and should not be taken as evidence that we have any intention to use your data in a way that could cause loss, damage or embarrassment to you. This paragraph does not reduce your statutory legal rights).
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| 6.2 |
So far as the law of any country may control the way we gather, store and use data, you now agree that in respect of any data provided by you or arising out of your use of our Services or of this website:
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| 6.2.1 |
we may store your data for up to six years (the limit period for bringing a legal action in most countries);
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we may send your data to any country for either processing or storage;
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you accept that we may process your data automatically, rather than manually;
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| 7 |
Termination
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| 7.1 |
You may terminate this agreement in accordance with any free trial period or other promotional terms we have offered to you at the time of your entering into the contract. If you do so, the terms of this agreement still apply so far as not inconsistent with the terms of the promotional offer.
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| 7.2 |
Unless terminated by some other provision of this agreement, it continues until either of us terminates it by giving the other notice in writing by email to the last known email address of the other. For this and all purposed in connection with this agreement, our address is as at the head of this document.
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| 7.3 |
If your cancellation is to be effective, you must give us full information to enable us to identify:
who you are and
that you have proper authority to cancel, and
the Service you wish us to cancel.
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| 7.4 |
We may terminate this agreement, without notice, if you fail to make a payment when it becomes due or otherwise fail to comply with any other of these terms.
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| 7.5 |
After termination of this agreement for any reason, you are not entitled to a refund of any fees paid to us.
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| 8 |
Money refund
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You are not entitled to a refund of any fees paid to us: |
| 8.1 |
if you terminate this agreement earlier than the contracted date, or
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| 8.2 |
if we terminate this agreement because you have failed to comply with our Acceptable Use Policy.
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| 9 |
Interruption to services
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| 9.1 |
9.1 If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
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| 9.2 |
You acknowledges that the Services may also be interrupted for reasons beyond our control.
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| 9.3 |
You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
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| 10 |
Technical support
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So far as we are reasonably able, we will provide full technical support for the Services 24 hours a day for 365 days a year. We do not guarantee to provide any particular support nor that the support we provide will be adequate for your requirements. Support will consist in maintenance of the functioning of our servers so that our site (and the Services provided to you) is live as nearly as possible continuously.
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| 11 |
Confidentiality
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| 11.1 |
You are aware that in the course of business you may have access to and be entrusted with information about our business and operation and our dealings, transactions and affairs, all of which information is confidential.
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| 11.2 |
You hereby undertake for yourselves and every employee or sub-contractor whose services you use that neither you nor they will divulge to any person whatever or otherwise make use of (and shall use their best endeavors to prevent the publication or disclosure of) any trade secret or confidential information.
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| 11.3 |
You undertake to make all relevant employees, agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance by your employees, agents and sub-contractors with these provisions.
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| 12 |
System and Network Security:
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| 12.1 |
You agree that you will not, and you will not allow any other person to, violate or attempt to violate any aspect of the security of our systems.
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| 12.2 |
You understand that any such violation is unlawful and that any contravention of law may result in criminal prosecution.
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| 12.2 |
Examples of violations are:
accessing data unlawfully or without consent;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
taking any action in order to obtain services to which you are not entitled.
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| 13 |
Privacy policy exception
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You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
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| 14 |
No duty to monitor
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We are under no obligation to monitor or record the activity of any client or affiliate for any purpose other than the proper recording of data as intended by this agreement, nor do we assume any responsibility to monitor or police Internet-related activities.ntrol.
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| 15 |
Your contact details
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You undertake to provide to us your current land address email address fax and telephone numbers as often as they are changed.
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| 16 |
Limitation of liability
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| 16.1 |
We give no warranty in connection with the Services.
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| 16.2 |
We do not represent that the Services are suitable for your use.
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| 16.3 |
You have not relied on us as "experts" in any area.
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| 16.4 |
You agree that in entering into this agreement you have not relied on any representation or other information except the explanation of services and the prices posted on our web site.
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| 16.5 |
We accept no responsibility for:
any firewall provision not specified in the Services;
any malfunction in any software whether provided by you or by us;
any aspect whatever of the content of your web site.
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| 16.6 |
You agree that in any circumstances when we may become liable to you, the limit of our liability for any one event, act or omission is the amount you have paid us in the immediately preceding 12 month period.
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| 16.7 |
(for the avoidance of doubt) we shall not be liable to you for loss of profits goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or we had been advised of the possibility of your incurring it.
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| 17 |
You indemnify us
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You agree to indemnify us against all costs claims and expense arising directly or indirectly from:
your failure to comply with the law of any country;
the posting by you of any content on your web site;
a breach of the intellectual property rights of any person;
the posting by any third party with or without your knowledge of any material on your web site;
any action taken or omitted by any third party in relation to your web site;
any use of your web site for a purpose forbidden by this agreement;
and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £60 per hour without further proof.
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| 18 |
Force majeure
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| 18.1 |
Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control.
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| 18.2 |
Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
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| 18.3 |
If a default due to force majeure continues for more than 6 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.
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| 19 |
Force majeure
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| 19.1 |
The benefit and obligations of this agreement shall be binding on any successor in title.
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| 19.2 |
Neither party shall be entitled to assign this agreement nor all or any of their rights and obligations hereunder without the prior written consent of the other. |
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| 20 |
You indemnify us
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In the event of a dispute arising out of or in connection with this Contract and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the Customer and the Web Writers then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
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| 21 |
Waiver
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Failure by us to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.
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| 22 |
Jurisdiction
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This Contract shall be interpreted according to the laws of England.
Schedule 1 - additional terms applicable to the sub-site “Plum Domain Names” (“PDN”)
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| 23 |
The following definitions apply to this section:
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“Buyer”
means a person who makes a bid for a Name
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“Name”
means a domain name offered for sale on our website
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“Seller”
means the owner of the name which has been put up for sale
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| 24 |
WtWM own some of the Names. WtWM does not act as the agent of a buyer or seller in respect of names not owned by it. The role of WtWM is as list publisher and facilitator. Accordingly, WtWM are not liable to a Buyer or Seller for any failure on the part of any party to a contract to buy and sell a Name. |
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Neither a Buyer nor a Seller may collude to deal outside this agreement for a Name listed by PDN. If a Seller removes a Name from the PDN list and sells it to a person who has visited the PDN website within the last previous 12 months, then both parties are deemed to be contracting under the terms of this contract as if the deal had been done through the PDN website.
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| 26 |
A Buyer who buys in breach of paragraph 25 above shall be jointly and severally liable for the commission on sale due to PDN.
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| 27 |
When the Buyer bids to buy a Name, he makes a binding offer to buy. He may not withdraw or change his offer before the time for acceptance by the Seller has expired.
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| 28 |
Neither a Buyer nor a Seller may seek to influence any other unfairly or improperly.
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| 29 |
A Seller may not himself bid for his own Name |
| 30 |
PDN reserves the right to refuse to list or to remove from its list, any name. In practice a Name will not be listed if in the opinion of PDN, it is unlawful or pornographic or tends to promote or praise hatred, violence or racial or religious intolerance |