Contract.
1. DEFINITIONS
In this contract unless the context otherwise requires:
' Charges' means the charges payable by the customer under this agreement
which charges unless otherwise agreed shall be calculated in accordance with
the Company's fee scales which shall be published from time to time "Company"
means Central Website Company Limited "contract" means the contract between
the Company and the customer incorporating these conditions, the company order
forms and the company's charges and shall include, without limitation, any
domain name or mailbox name; "Service" means provision of a website as detailed
in the company's literature and website of which this forms a part
2. PROVISION
2.1 The Company agrees to provide the customer with the Service in accordance
with the terms and conditions of this contract
2.2 It is technically impracticable to provide the service free of faults
and the company does not undertake to do so. In the event of a fault in the
service the customer must report it by telephone, fax or electronic mail to
the appropriate number specified on the company's brochure or such other number
as the company may from time to time provide to the customer. Upon receipt
of a fault report, the company will take all proper steps without undue delay
to correct the fault.
2.3 The company will use its reasonable efforts to meet any deadlines agreed
between the Company and the customer, but any such deadlines are to be treated
as for guidance only and the company accepts no liability for failure to meet
it.
3. CHARGES
3.1 The Charges shall be payable as to an initial deposit at the time of instruction
(such deposit to be the greater of 20% of the total of the charges or £150)
with the balance being payable on approval of the proof of the website.
3.2 Unless the company's charges list provides otherwise, all charges for
service are exclusive of Value Added Tax.
4. MINIMUM PERIOD OF SERVICE
The service shall be provided for a minimum period of service of twelve months
beginning on the date that service is first made available
5. TERMINATION OF SERVICE BY NOTICE
5.1 Subject to clause 4 above this contract may be terminated by either party
by giving at least 90 days written notice to the other. If the customer gives
notice there will be no refund of monies paid.
6. THE COMPANY'S LIABILITY
6.1 The Company exercise the reasonable care and skill of a competent website
provider
6.2 The customer acknowledges that the company reserves the right to edit
or exclude material that may be offensive, illegal, obscene or defamatory.
Whilst the company shall take reasonable steps to identify and where appropriate
to edit such material, the responsibility of compliance with any relevant
laws or internet regulations will remain the responsibility of the customer
and the company will not be held liable for any actions arising from the production
receiving or transmission, of any such material and the customer shall indemnify
the company against any claims or penalties in respect thereof
6.3 The company will not be liable in contract, tort or otherwise (including
liability for negligence) for loss whether direct or indirect of business,
revenue or profits, anticipated savings or wasted expenditure, corruption
or destruction of data or for any indirect or consequential loss whatever
6.4 Each provision of paragraph 6 operates separately in itself and survives
independently of the others
7. INDEMNITY
The customer shall indemnify the company against any claims or legal proceedings
arising from the customer's use of the Services which are brought or threatened
against the company by a third party.
8. VARIATION OF TERMS AND CONDITIONS
The company may from time to time change the terms and conditions of this
contract including the charges payable under it by notice in writing to the
customer.
9. ASSIGNMENT
The customer may assign all or part of this contract to any other party with
the prior written agreement of the company which shall not be unreasonably
withheld.
10. NAME
10.1 The customer confirms and warrants that he
is the owner of or that he has been and is duly authorised by the owner to
use any trade mark or name requested or allocated as its name.
10.2 The customer acknowledges that the company cannot guarantee that any
Name requested by the customer will be available or approved for use.
10.3 The company shall have discretion to require the customer to select a
replacement Name and may suspend service if, in the company's opinion, there
are reasonable grounds for the company to believe that the customer's current
choice of Name is, or is likely to be, in breach of statute or common law
in respect of infringement on another persons rights.
11. LAW This contract is subject to English Law and the exclusive jurisdiction of the English Courts.