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Terms & ConditionsA GENERAL 1 Definitions 1.1 In these Conditions, the following words and expressions have the following meanings:
1.2 Where appropriate, words denoting a singular number only shall include the plural and vice versa and words referring to an individual shall include a firm or company as appropriate and vice versa. 1.3 References to any statute or statutory provision include a reference to that statute or statutory provision as from time to time amended, extended or re-enacted or consolidated and all statutory instruments or orders made pursuant to it. 1.4 All warranties, representations, indemnities, covenants, agreements and obligations given or entered into by more than one person in this Agreement are given or entered into jointly and severally. 1.5 The headings in these Conditions are inserted only for convenience and shall not affect their construction. 2 Application of Conditions 2.1 These Conditions, the Order Form and any terms specifically agreed in writing by GMB Web Designs supersede any terms stipulated by the Customer in any negotiations or any course of dealing between GMB Web Designs and the Customer. 2.2 The Customer acknowledges that there are no representations outside the Contract that have induced it to enter into the Contract, and the Contract constitutes the entire understanding between the parties for the provision of the Services. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law. 2.3 Unless otherwise provided in these Conditions no modification of the Contract shall be effective unless agreed in writing by a duly authorised representative of GMB Web Designs. 2.4 GMB Web Designs may from time to time amend these Conditions and any such amendment will be displayed at least one month prior to the implementation of the amendment. If the Customer is a consumer it may end the Contract by written notice at any time up to the date on which the amendment comes into force. Should the Customer place an Order or continue to use the Services following implementation of an amendment it will be deemed to have accepted the amendment. 3 Obligations of the Customer 3.1 The Customer shall not:3.1.1 Transmit any Data or otherwise use our products or services in a manner which, we consider in our discretion in any way involves or includes or relates to conduct that is unlawful (including breach of any applicable laws, statutes, regulations, standards or codes of conduct whether or not compulsory), harmful, threatening, a nuisance, abusive, harassing, tortuous, defamatory, vulgar, obscene, indecent, invasive of another's privacy, hateful, inflammatory, racially, ethnically or otherwise objectionable; 3.1.2 submit to GMB Web Designs any Order that it knows or should (after reasonable enquiry) have discovered, infringes or might reasonably be considered to infringe the Intellectual Property Rights of any third party; 3.1.3 use the GMB Web Designs' Server or any of the Services in any way that might reasonably be considered to infringe the rights of any third party, including but not limited to trademark infringement, copyright infringement, passing off and defamation. 3.1.4 reverse engineer, de-code or in any way disassemble any software provided by GMB Web Designs in relation to the provision of the Services; 3.1.5 use the GMB Web Designs' Server or any of the Services to send, relay, upload, post or receive replies to any unsolicited or unauthorised e-mail messages, mobile phone messaging or any other form of messaging, promotional materials, junk mail, spam, chain letters or other form of solicitation ; 3.1.6 advertise a Customer Site, domain or any product or service offered by or through a Customer Site or domain hosted by GMB Web Designs using unsolicited or unauthorised means including junk mail, spam, chain letters or any other form of solicitation; or 3.1.7 enter any incorrect or incomplete name, address, email address or telephone number or any other false information on the Order Form or otherwise enter information intended to conceal the Customer's identity. The Customer further acknowledges that it is its responsibility to notify GMB Web Designs of any changes to its details and to ensure that those details provided are kept up to date. 3.2 In the event of any breach of the provisions of clause 3.1 by the Customer, GMB Web Designs reserves the right forthwith to withdraw, suspend or cancel the Services. 3.3 The Customer acknowledges that it is solely responsible for maintaining adequate insurance cover in respect of any loss or damage relating to the provision of the Services. 3.4 The Customer acknowledges that the internet is not a completely secure medium of communication, and, whilst GMB Web Designs has taken steps to safeguard the security of some information (i.e. payment details) the Customer inputs on the Website or sends to GMB Web Designs on the internet by using secure servers and Secure Sockets Layer (“SSL”) technology which encrypts the information the Customer inputs on its system before it is transmitted to GMB Web Designs, GMB Web Designs is not and will not be responsible for any damages the Customer may suffer as a result of the loss of confidentiality of such information. 4 Obligations of GMB Web Designs 4.1 In the event that the Customer submits any Order or uses any or all of the Services in such a way as may in GMB Web Designs' opinion expose GMB Web Designs to the risk of legal or other proceedings or expose GMB Web Designs to loss or damage of any kind, GMB Web Designs reserves the right to refuse to process or continue processing any Order or to withdraw, suspend or cancel the Services or take any other action as it in its absolute discretion it sees fit. 4.2 GMB Web Designs will comply with all applicable data protection legislation in relation to the personal details that the Customer provides on the Order Form. All information provided to GMB Web Designs will be dealt with in accordance with GMB Web Designs' privacy policy which can be found on the Website. The Customer acknowledges that GMB Web Designs is under no obligation to edit, review or modify information provided by or on behalf of the Customer. In order to maintain the integrity of the service, GMB Web Designs reserves the right to forward contact details to the police, or other regulatory authorities where requested to do so, GMB Web Designs may also forward contact details where a complaint arises concerning the Customer's use of the Service and where that use is deemed by GMB Web Designs to be inconsistent with these user conditions. 4.3 In the event that software that has been developed by third parties (“Third Party Software”) is available to the Customer through the Website and such Third Party Software is licensed to the Customer pursuant to separate terms (“Third Party Licenses”) the Customer agrees that he has had the opportunity to review the Third Party Licenses and agrees to comply with them. In the event of a conflict between these Conditions and a term of a Third Party License, the terms of the Third Party License controls with respect to the applicable Third Party Software only. 4.4 If an expected completion date is requested by the Customer, GMB Web Designs will endeavour to meet any given deadline, but are not bound in any way to complete the Project by the given date.
5 Fees 5.1 The Customer shall pay to GMB Web Designs the Fees, inclusive of any additional costs incurred by GMB Web Designs in processing an Order (subject to clause 5.4). 5.2 The Fees shall be paid by the Customer, as detailed on the Website, without set off or counterclaim. 5.3 The Customer acknowledges that the provision of the Services is conditional on GMB Web Designs receiving payment of the Fees in full and in the event of non payment of Fees or suspected fraudulent activity in relation to payment of Fees by the Customer,GMB Web Designs reserves the right forthwith to withhold, suspend or cancel the Services. 5.4 The Customer acknowledges that occasionally unforeseen charges are incurred in processing Orders. GMB Web Designas shall obtain the Customer's written consent before incurring such charges. 5.5 The Client shall not be charged for Open Source Software. Any fee charged for a website utilising Open Source Software is for the design, set up and installation of the website. Open Source Software is not owned by GMB Web Design or the Client. 5.6 Interest will be charged on overdue accounts at a rate of 4 % above the base rate from time to time in force of Lloyds TSB PLC or such other rate as may be published on the Website. Such interest will be calculated on a daily basis from the date payment was due until the date payment is received (including any time following the entry of judgement) and will be compounded monthly. 6 Refunds and Credits Unless otherwise provided in the Contract the Customer shall not be entitled to any refund of Fees or a credit against any future Order. 7 Indemnity The Customer shall indemnify GMB Web Designs and it's suppliers and keep GMB Web Designs and it's suppliers fully indemnified from and against all liability, claims, costs, losses, loss of profits, expenses, business interruption, and other pecuniary or consequential loss (including reasonable legal costs and expenses) suffered or incurred by GMB Web Designs as a result of:- (i) access to and/or use of the Services by the Customer; (ii) any information, data or material produced, transmitted or downloaded by the Customer; (iii) any breach by the Customer of any of the provisions of these Conditions or of any law, code or regulation relating thereto or to the internet. 8 Limitation of Liability8.1 GMB Web Designs warrants to the Customer that the Services will be provided using reasonable care and skill. 8.2 Except as set out expressly in these conditions, GMB Web Designs excludes all conditions, terms, warranties and representations (other than fraudulent representations) in relation to the whole or part of the Services whether imposed by statute or operation of law or otherwise including but not limited to implied warranties or conditions of accuracy, completeness, satisfactory quality and fitness for a particular purpose. 8.3 Whilst GMB Web Designs makes no attempt in the Contract to limit its liability for death or personal injury arising from its negligence, in no circumstances shall GMB Web Designs or it's suppliers be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof for: 8.3.1 any increased costs or expenses; 8.3.2 any loss of profit, business, contracts, revenues, or anticipated savings; 8.3.3 the consequences of any failed or unsuccessful domain name registration; 8.3.4 any claims that the domain name registered or requested by the Customer to be registered by GMB Web Designs on behalf of the Customer or that any Customer Site or material on a Customer Site infringes the Intellectual Property Rights; 8.3.5 the consequences of any errors or interruption in the Services ; 8.3.6 any failure of e-mail including without limitation non-receipt and mis-routing; or 8.3.7 any changes in any of GMB Web Designs' facilities, operations, procedures, products or Services which render obsolete or require modification of or alteration to the Customer's equipment or software; 8.3.8 any special indirect or consequential damage of any nature whatsoever, arising directly or indirectly out of the provision by GMB Web Designs of the Services or the performance by GMB Web Designs of the Contract. 8.4 Notwithstanding anything contained in the Contract GMB Web Designs' liability to the Customer in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the Fees paid by the Customer for the Services. 8.5 Where images used on the clients website have been purchased by GMB Web Designs on behalf of the Client, these images are strictly for use on the website unless specific usage terms are provided in writing to the client. GMB Web Designs are not liable for misuse by the Client or any other persons. 8.6 All images used on the Client's website will only be used after authorisation by the Client. The Client bears sole responsibility for copyright confirmation of images and should any legal issues or claims arise from the content or copyright of an images whether supplied by the Client or GMB Web Designs, they will be the sole responsibility of the Client. 8.7 It is the Client's responsibility to check with GMB Web Designs whether Open Source Software is being used or not. 8.8 The Customer expressly acknowledges that the provisions of this clause 8 satisfy the requirements of reasonableness specified in the Unfair Contract Terms Act 1977 and that it shall be stopped from claiming to the contrary at any future date in the event of any dispute with GMB Web Designs concerning GMB Web Designs' liability hereunder. 8.9 Where the Services are performed under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions.
9 Suspension and Termination Without prejudice to any of its other rights, either party shall have the right to immediately terminate the Contract and GMB Web Designs may also suspend or restrict the Services to the Customer, if: 9.1 the Customer commits any material or repeated breach of the Contract and/or, fails to remedy any breach which is capable of being remedied within fourteen days of receipt of a notice requiring it to remedy such breach. For the purpose of this clause a breach of clauses 3, 4 or 5 may be deemed a non-remediable breach and GMB Web Designs may immediately suspend or restrict the Services without notice to a Customer breaching these clauses. In the case of a suspected breach by the Customer GMB Web Designs will take whatever steps it believes necessary to investigate and resolve matters; 9.2 the other is unable to pay its debts or enters into compulsory or voluntary liquidation (other than for the purpose of affecting a reconstruction or amalgamation in such manner that the company resulting from such reconstruction or amalgamation if a different legal entity shall agree to be bound by and assume the obligations of a relevant party under the Contract) or compounds with or convenes a meeting of its creditors or has a Receiver or Manager or an Administrator appointed over its assets or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the party terminating means that the other may be unable to pay its debts. 10 Proprietary Rights GMB Web Designs own all design and code of the website until final payment has been received in full. In the case of monthly payment this equates to 24 monthly payments. If Open Source Software is used the Client does not receive the copyright for the Open Source Code. The Customer acknowledges that all title, rights and interest in the Services shall remain with GMB Web Designs and/or its suppliers and that the Customer shall not under any circumstances obtain any proprietary rights in respect of the Services. 11 Force Majeure Neither party shall be in breach of the Contract if there is any total or partial failure of performance by it of its duties and obligations under the Contract occasioned by any act of God, fire, act of Government or State, war, civil commotion, insurrection, embargo, labour disputes of whatever nature and any other reason beyond the control of either party. If either party is unable to perform its duties and obligations under the Contract as a direct result of the effect of one of those reasons, that party shall give written notice to the other of the inability which sets out full details of the reason in question. The operation of the Contract shall be suspended during the period in which the reason continues. Forthwith upon the reason ceasing to exist, the party relying upon it shall give written advice to the other of this fact. If the reason continues for a period which substantially affects the commercial intention of the Contract, the party not claiming relief under this clause 13 shall have the right to terminate the Contract upon giving 7 day's written notice of such termination to the other party. 12 Assignment The Contract is personal to the Customer and the Customer's rights may not be assigned, sub-licensed or transferred in any way. 13 Severability Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of the Contract howsoever occasioned. 14 No Waiver No waiver by GMB Web Designs shall be construed as a waiver of any preceding or succeeding breach of any provision. 15 Notices Any notice or other documents given under the Contract shall be given in writing and in English and shall be deemed to have been duly given on the date of dispatch if hand delivered or sent by first class post, express, airmail, other fast postal service, registered post or telex, facsimile or other electronic media to the last known address of the party to whom the notice is addressed. To prove the giving of notice or other document it shall be sufficient to show that it was dispatched. 16 Governing Law The validity, construction and performance of the Contract shall be governed by English law and the parties hereby submit to the jurisdiction of the English Courts. GMB Web Designs make no claims that the contents of this website may be lawfully viewed or downloaded outside of England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor's jurisdiction. Jurisdiction for any claims arising in respect of this website's Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. B DOMAIN NAME SERVICES This Section B together with Section A of the Conditions constitutes the terms of the Domain Name Services provided by GMB Web Designs. In addition, Section D of these Conditions contains additional terms relating to the Pre-registration Services for .biz, .info and .name domains. 1. Obligations of the Customer1.1 The Customer shall not use any domain name registered by GMB Web Designs on behalf of the Customer to communicate, reproduce, transmit, store or knowingly receive any material that is offensive, abusive, indecent, defamatory, obscene, menacing or in breach of confidence or which infringes the Intellectual Property Rights of any third party. 1.2 The Customer acknowledges that the registration and use of domain names is subject to the terms and conditions of the Relevant Naming Authority and accordingly agrees to be bound by them. The registration and use of UK domain names is governed by Nominet UK, the registration and use of international domain names (.com, .net, .org, .biz, .info and .name) which are governed by ICANN is performed through GMB Web Designs in conjunction with either Lycos,123-reg.co.uk or 1&1Internet Ltd (all Accredited Registrars), the registration and use of .eu domain names is governed by Lycos (a registrar accredited for registration of .eu domains) and the registration and use of .tv domain names is governed by the .tv Corporation. In submitting an Order the Customer will be deemed to have read and understood the terms of the relevant registration agreement, which can be reached via the following links: 1.3 The Customer hereby authorises GMB Web Designs to act as the administrative, technical and billing contact on all Global Domains and to perform all functions associated with these roles. The Customer may act as the administrative contact providing it has submitted a written request to GMB Web Designs and where the Customer is acting as the administrative contact it acknowledges that in relation to its role as administrative contact it is solely responsible for its acts and omissions and the consequences thereof. GMB Web Designs does not allow the Customer to act as the technical/billing contact and if the Customer wishes to act as the technical and/or billing contact it will have to transfer the domain away from GMB Web Designs who can accept no further responsibility for the domain. 1.3 The “.biz” domain is intended for business use only and in submitting an Order for a “.biz” domain the Customer warrants that the domain will be used for business purposes. 1.4 The “.name” domain is intended for an individual's personal use only and in submitting an Order for a “.name” domain the Customer warrants that it is either registering its own name or a close variation thereof or that it is registering a fictional name to which it owns the rights. 1.5 The “.me.uk” domain is intended for an individual's personal use only and in submitting an Order for a “.me.uk” domain the Customer warrants that it is registering a name or a close variation thereof that belongs either to the Customer or to another individual that has authorised the Customer to do so. 2. Obligations of GMB Web Designs 2.1GMB Web Designs shall use its reasonable endeavours to obtain registration of the domain names requested. 2.2 GMB Web Designs does not warrant or guarantee that the domain name requested by the Customer will be registered or be capable of registration and the Customer should take no action in respect of the requested domain name until the Customer has been notified that the requested domain name has been registered. 2.3 The Customer acknowledges that any domain names registered by GMB Web Designs on the Customers' behalf may subsequently be suspended or cancelled by persons other than GMB Web Designs. 2.4 If required by the Customer GMB Web Designs will host any domain name registered through GMB Web Designs on GMB Web Designs name-servers and provide Web Re-direction and e-mail forwarding services PROVIDED ALWAYS that the domain name is managed by GMB Web Designs and GMB Web Designs remains the technical and billing contact. The Customer acknowledges that if the domain is transferred to another registrar or management of the domain is transferred to another service provider or if the technical and/or billing contact is changed GMB Web Designs will no longer be under any obligation to host the domain and/or provide web re-direction and/or e-mail forwarding. 2.5 If the Customer does not make use of the Web Re-direction service for a domain, it will be re-directed to a holding page or other website. The Customer agrees that GMB Web Designs may amend the content of any holding page or change the destination of any re-direction is at its sole discretion. This does not in any way affect the Customer's right or ability to make use of the Web Re-direction facility as and when the Customer chooses. 3. Cancellation In entering into a Contract with GMB Web Designs for Domain Name Services, the Customer acknowledges that performance of the Contract will begin immediately and that it is hereby forfeiting its right to cancel the Contract under the Regulations. 4. Refunds and Credits 4.1 If the domain name requested by the Customer is unable to be registered the Customer will be entitled to a refund of any Fees paid in relation to an Order or a credit against any future Order. 4.2 Subject to clause 4.1 above the Customer shall not be entitled to any refund of Fees or a credit against any future Order. 5 Transfer of domain names 5.1Customers are not permitted to transfer domain names for a period of 60 days following completion of the registration of the domain name. 5.2 GMB Web Designs reserves the right to refuse to transfer a domain where any monies are due from the Customer to GMB Web Designs in respect of that domain name. 5.3 Where the Customer wishes to transfer the ownership of its domain to a third party GMB Web Designs will charge an administration charge of £30 for effecting the transfer. GMB Web Designs reserves the right to increase this administration fee if GMB Web Designs incurs costs in excess of £30 in effecting the transfer and GMB Web Designs will notify the Customer of the increased fee as soon as practicable. 5.4 Any domain name not registered through GMB Web Designs but subsequently transferred to GMB Web Designs is subject to the Conditions. 5.5 In submitting a request for a domain name to be transferred to GMB Web Designs the Customer warrants that it is the registrant of the domain name or is authorised to act for and on behalf of the registrant. 5.6 In submitting a request for a domain name to be transferred to GMB Web Designs the Customer agrees to pay the fee for the next renewal of the domain at the time of the transfer. If the Customer subsequently transfers the domain away from GMB Web Designs before this renewal has been implemented, the renewal fee will be refundable but an administration charge of £20 will be payable by the Customer and deducted from any monies due from GMB Web Designs to the Customer. 5.7 In the event of a dispute regarding the ownership of or any rights to a domain name transferred to GMB Web Designs, GMB Web Designs reserves the right to take any and all necessary action to protect itself including (without limitation) the right to give the registry key for the domain name to the registrant and/or to authorise the transfer of the domain name away from GMB Web Designs. 5.8 Domain names will be registered by GMB Web Designs and to GMB Web Designs current address. Although the domain names are registered to GMB Web Designs, the Client is the legal owner of the domain and on payment of all outstanding fees can request to have the details changed or the domain transferred elsewhere. 6 Renewal of domain names 6.1 The Customer acknowledges that the Customer has ultimate responsibility for renewing the domain name and the Customer accepts that whether or not GMB Web Designs has successfully contacted the Customer pursuant to this clause GMB Web Designs cannot be held liable if the Customer fails to renew the domain name before its expiry. 6.2 The renewal of any domain name through GMB Web Designs is subject to the Conditions. 6.3 When renewing Global Domains GMB Web Designs reserves the right in its sole discretion to change the registrar through which the domain is registered and in requesting the renewal of a domain name the Customer authorises GMB Web Designs to make such a change. 6.4 GMB Web Designs does not warrant or guarantee that the domain name requested by the Customer will be renewed or be capable of renewal and the Customer should take no action in respect of the requested domain name until the Customer has been notified that the requested domain name has been registered. 6.5 Any domain name not renewed by its expiry date will be de-activated on the expiry date. To avoid loss of service, the Customer should ensure that domains are renewed well in advance of the expiry date. Uninterrupted service cannot be guaranteed. 6.6 Any domain name not renewed 30 days after its expiry date may be deleted. Once a domain has been deleted it cannot be renewed. At this point it will have to be re-registered and there is a risk that it may be registered by another person or company. To avoid loss of a domain name, the Customer should ensure that domains are renewed well in advance of the end of the 30-day grace period following the expiry date. Successful renewal cannot be guaranteed. C WEB-HOSTING, SECURE HOSTING, EMAIL, CO-LOCATION, DEDICATED SERVERS AND BACK-UPS This Section C together with Section A of the Conditions constitute the terms of the Web-Hosting Services, the Email Services and, Dedicated Server Services, collectively known as the Hosting Services 1. Licence In accepting the Customer's application to subscribe to the Hosting Services, GMB Web Designs grants the Customer a non-exclusive, non-transferable, royalty free and restricted licence to use the requested services package, as published on the website at the time such services are purchased. 2. Provision of Services 2.1 The facilities and services provided within the Services will be defined by the description of the services applied for by the Customer on the Website at the time of the application, including but not limited to the specification of the storage space and data transfer that will be made be available. If the storage or data transfer limits are exceeded, it will be necessary for the Customer to upgrade the Services or purchase additional storage and/or data transfer as required. 2.2 Whilst GMB Web Designs undertakes to use reasonable endeavours to provide the Services promptly following the Customer's application, it is possible that restrictions in the availability of resources may lead to a delay. 2.3 Whilst GMB Web Designs undertakes to use reasonable endeavours to maintain an acceptable level of security, it cannot give any guarantee regarding the security of material hosted on the GMB Web Designs Server or Customer Server. 2.4 Whilst GMB Web Designs undertakes to use reasonable endeavours in the provision of the Services, it does not guarantee that provision of the Services will be error-free or uninterrupted. 2.5 GMB Web Designs may from time to time have to suspend the Services for repair, maintenance or improvement and in such circumstances GMB Web Designs undertakes to notify the Customer as far in advance as possible and to endeavour to keep the period of suspension to the minimum length of time necessary to carry out such works. 2.6 In light of clauses 2.3, 2.4 and 2.5 above the Customer accepts that the Services are not intended to be used in circumstances where fail-safe performance is required. 2.7 GMB Web Designs reserves the right to terminate the Contract for the provision of Services at any time. If GMB Web Designs exercises this right for any reason other than as described elsewhere in these Conditions, GMB Web Designs will give 30 days notice of termination and will refund the Fees. 2.9 GMB Web Designs reserves the right to monitor the Customer Site, the Customer Server and the Customer's use of the Hosting Services and shall be entitled at all times and without notice to refuse to host any material and/or to suspend availability of the Customer Site or other Hosting Services and/or to remove any material which GMB Web Designs in its sole discretion believes contravenes any of the warranties in clause 3 below or otherwise harms GMB Web Designs. 2.10 Where GMB Web Designs proposes to take action pursuant to clause 2.9 above it shall notify the Customer of its action as soon as possible. 2.11GMB Web Designs' rights to suspend availability of the Customer Site or other Hosting Services and/or remove material is without prejudice to the Customer's sole responsibility for the content of the Customer Site or other Hosting Services and to the warranties given by the Customer under clause 3 below. 2.12 The Customer acknowledges that hosting of the Customer Site, the provision of the Customer email account, the co-location of the Customer Server and the rental of a Dedicated Server by GMB Web Designs does not amount to GMB Web Designs' approval of the Customer Site or material on the site or the Customer's use of email and shall not under any circumstances constitute a waiver of any of GMB Web Designs' rights or the Customer's obligations under this Agreement. 2.13 On termination of the Contract, howsoever arising, GMB Web Designs shall be entitled to immediately stop access to and to remove all material from the Customer Site, Dedicated Server and email account and also to post an appropriate notice regarding the lack of availability of the Customer Site, Dedicated Server and email account 2.14 Unless the Customer has purchased the Back-up Services in connection with the Hosting Services, the Customer shall be solely responsible for making and maintaining its own back-ups of any material on the Customer Site, email account, and GMB Web Designs virtual Server and acknowledges that GMB Web Designs cannot be held responsible for the consequences of any loss of such material. 2.15 In relation to the use of email aliases and sub-domains: 2.15.1 If the Customer applies to use an email alias or sub-domain attached to a domain not owned by the Customer, GMB Web Designs cannot guarantee that the desired alias or sub-domain will be available; 2.15.2 If the Customer applies to use an email alias or sub-domain attached to a domain not owned by the Customer, GMB Web Designs cannot guarantee that the selected domain will continue to be available beyond the initial term of the Email or Hosting Services applied for. 2.16 In relation to the Back-up Services: 2.16.1 GMB Web Designs will use reasonable efforts to back up the Customer's data from the GMB Web Designs virtual Server as defined by the description of the Back-up services on the Website at the time of the application, but GMB Web Designs shall not in any way be responsible or liable for any loss, damage, costs, expenses or other claims for compensation arising from any data, file or material being damaged, corrupted or lost from whatever cause; 2.16.2 If the disk space allocated to the Customer for the Back-up Services is fully utilised, the back-up process will overwrite the oldest data back-up stored at that time, resulting in the loss of the overwritten back-up; 2.16.3 On request, GMB Web Designs will restore data from a data back-up to the GMB Web Designs or Customer server, subject to a monthly limit, which is currently set to one such request per month. 2.17 In relation to the Secure Hosting Services: 2.17.1 Webfusion have sole authority over the issuing Shared Certificates and GMB Web Designs cannot be held responsible for any unsuccessful applications, in the event of an application being unsuccessful GMB Web Designs will refund any fees paid in connection with that application; 2.17.2 All scripting software including but not limited to CGI and PHP scripts must be submitted to GMB Web Designs for approval before being used on the Secure Server, such approval to be granted or denied at GMB Web Designs' sole discretion; 2.17.3 Any scripting software that is determined, at GMB Web Designs' sole discretion, to be detrimental to the running of the Secure Server or any GMB Web Designs virtual Server or to the use of the Services by any other Customer may be removed by GMB Web Designs, notwithstanding that it may previously have been approved by GMB Web Designs for use on the Secure Server; 2.17.4 GMB Web Designs will use reasonable efforts to ensure the security of its Secure Hosting Services, including the use of Secure Socket Layer encryption and firewall technology, but GMB Web Designs shall not in any way be responsible or liable for any loss, damage, costs, expenses or other claims for compensation arising from any breach of security from whatever cause. 2.18 The Customer shall be solely responsible for the Customer Site and all material hosted on the GMB Web Designs Server and for ensuring that the Customer Site functions satisfactorily. The Customer recognises that the use of the Hosting Services, the Dedicated Server services requires an essential knowledge of matters such as, without limitation, system administration and the languages, software and protocols of the internet. 2.19 If the Customer is paying for Hosting Services on a monthly basis, GMB Web Designs reserves the right to suspend the Hosting Services in the event of non-payment. If payment is not made within 1 month of suspension, GMB Web Designs may delete the content of the Customer Site and the GMB Web Designs Server and will have no further obligation to the Customer in respect of the Hosting Services. 2.20 If the Services are covered by a Service Level Agreement (SLA), the following conditions apply: 2.20.1 Loss of service caused by events described in clause A13 Force Majeure are excluded and may not be claimed for under the SLA; 2.20.2 The SLA excludes any server or network unavailability due to scheduled maintenance work for which the Customer has been given advance notification; 2.20.3 Claims under the SLA relating to Dedicated Server Services will be limited to the portion of the fees allocated to the Co-location Services; 2.20.4 If the Customer wishes to make a claim under the SLA, the claim must be made in writing within one month of the incident to which the claim relates.
3 Customer Warranties The Customer warrants, represents and undertakes: 3.1 that it has the knowledge referred to in clause 2.18. The Customer accepts that it is not the responsibility of GMB Web Designs to ensure that the Customer has such knowledge or to provide such knowledge or support or assistance and that any assistance that may be given is offered purely on a goodwill basis 3.2 that it will obtain all necessary licenses and consents in respect of any material posted on the Customer Site, email account, GMB Web Designs Server prior to posting such material; 3.3 that any material posted on the Customer Site, GMB Web Designs Server or email sent through the Customer email account is not offensive, abusive, indecent, defamatory, obscene, menacing, in breach of confidence, and/or does not infringe the Intellectual Property Rights of any third party or contain a virus or other hostile code or constitute or encourage a criminal offence; 3.4 that it will not transmit any such material from the Customer Site, GMB Web Designs Server nor will it link to any such material from the Customer Site or the GMB Web Designs Server ; 3.5 that it will not nor will it permit or authorise any other party to use the GMB Web Designs Server the the Customer Site in breach of any law or regulation; 3.6 that it will not nor will it permit or authorise any other party to use the GMB Web Designs Server or the the Customer Site in any way which is or may be detrimental to GMB Web Designs; 3.7 to abide by any limitations imposed by GMB Web Designs and to keep secure any confidential information provided by GMB Web Designs including any passwords to use the Hosting Services, the Email Services, Dedicated Server Services; 4 Cancellation 4.1 If the Customer is acting as a consumer and not as a business in submitting an Order for any Services, not including Domain Name Services then, pursuant to the Regulations, the Customer may, for a period of seven working days commencing with the day following GMB Web Designs' acceptance of the Order, cancel the Contract by giving notice in accordance with clause 15 of Section A of these Conditions and upon cancellation the Customer shall receive a refund of any Fees paid in relation to the Order in question or a credit against any future Order. 4.2 The Customer accepts that any use of the Services by the Customer will amount to a waiver by the Customer of its right to cancel the Contract under clause 4.1 above. 5 Amendment GMB Web Designs may from time to time amend the Conditions and any such amendment will be displayed at least one month prior to the implementation of the amendment. If the Customer is a consumer it may end this Agreement by written notice at any time up to the date on which the amendment comes into force. Should the Customer place an Order or continue to use the Services following implementation of an amendment it will be deemed to have accepted the amendment. E SEARCH ENGINE SUBMISSIONThis Section E together with Section A of these Conditions constitutes the terms of the GMB Web Designs Search Engine Submission Service (referred to as the Submission Service). The Submission Service is provided and maintained by a partner of GMB Web Designs; GMB Web Designs reserves the right to change this partner at GMB Web Design's sole discretion and without notice; for the purposes of this section E the words We, Us, Our and Ourselves refer jointly to GMB Web Designs and the partner selected by GMB Web Designs to supply this service . 1 Description of ServiceThe Submission Service comprises submission of the Customer's web site to the top global and regional search engines every month for the duration of the contract. We reserve the right, at Our sole discretion, to delay this Submission. 2 Customer ObligationsThe Customer confirms that it has the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service. License granted to Us by the Customer We do not claim ownership of the materials provided to Us by the Customer (including feedback and suggestions) or that the Customer posts, uploads, inputs or submits in connection with the Customer's use of Our service or any Customer Site created by the Customer or on the Customer's behalf in connection with the use of Our service (collectively "Submissions"). However, the Customer grants Us a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat the Customer's Submission, and to publish the Customer's name in connection with the Customer's Submission) the Customer's Submission only in connection with the operation and promotion of Ourselves. The Customer also grants Us the right to publish the Customer's name in connection with any such use. No compensation will be paid or due to the Customer with respect to Us or Our sub licensee's use of the materials as licensed above. We are under no obligation to post or use any materials the Customer may provide, and may remove such materials at any time in Our sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Our Network, the Customer represents and warrants that it owns or otherwise controls the rights necessary to do so and grants Us the license set forth above, and the Customer will defend and indemnify Us and Our suppliers from any third party claim related to a breach of any of the foregoing representations or warranties. 3 Limitations3.1 We reserve the right to alter the number and identity of the search engines to which we submit at any time, as well as the regularity of submission. 3.2 All submissions and reports are based upon information that the Customer has originally supplied or subsequently altered. Under no circumstances therefore can We be liable for any incorrect submissions or delivery of reports. It is the Customer's ongoing obligation to ensure that the correct URL(s) is / are being submitted and the reports are going to the correct email address. 3.3 The Submission Service is a submission service only and in this respect no guarantees can be given in respect of the placing of the Customer's web site in the search engines. 3.4 Where asked to provide any form of search engine optimisation GMB Web Designs does not guarantee any specific placement or high ranking on search engines. 3.5 The Customer's sole remedy with respect to the Submission Service under any and all circumstances will be to terminate the Submission Service and receive a refund of fees paid for the Submission Service. F Proprietary RightsSoftware License. We hereby grant the Customer a non-exclusive, non-transferable license to use the Software in object code form only on a server controlled by Us for the sole purpose of creating and maintaining Web site data on such server. The Customer is not being granted any right to copy the Software or to use it on computers other than a server controlled by Us. The Customer also acknowledges and agrees that the Software is intended for access and use by means of web browsing software, and that We do not commit to support any particular browsing platform. We reserve the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to the Customer. If any revision or modification to the Software materially changes the Customer's ability to conduct business, the Customer's sole remedy is to terminate the Agreement pursuant to the Section regarding termination of service. |