1
Provision of Services
1.1
This contract covers the provision of service by Refurbit Computers
Limited, (supplying Internet Services as The Welsh Web and
referred to as The Welsh Web in this document) to the customer. It supersedes
and takes precedence over any previous written or oral representations
given or made by the company or any representatives of the company. In
agreeing to the provision of the services, the customer is deemed to have
read and understood these terms and conditions.
1.2 Any date proposed either by the customer or
The Welsh Web for the
provision of services is to be treated as an estimate only and The Welsh Web
accepts no liability for any failure to meet it.
1.3 Unless
The Welsh Web receive a notice in writing from the customer
terminating this contract at any time prior to the renewal date, the
customer will be deemed to renew the contract at the end of the twelve
month period and be subject to the terms and conditions referred to herein.
1.4
The Welsh Web reserve the right to alter or amend its terms and
conditions by giving seven days' prior notice to the customer. Notice will
be deemed to have been given by The Welsh Web by displaying the notice on the
web site of The Welsh Web that can be found at http://www.thewelshweb.co.uk
2 Definition and application
2.1 In this Contract:
"the customer" means the customer with whom
The Welsh Web makes
this contract including a person reasonably appearing to The Welsh Web to act
with that customer's authority
"WWW" means World Wide Web services available on the Internet;
"Domain names" means Internet addresses which have been
registered with the central registration authorities on the Internet on
behalf of the customer;
"Upload" means transfer
of computer files to the
The Welsh Web computer system for publication on the Internet, WWW;
"Commencement date" means the date of
The Welsh Web's acceptance
of the customer's order.
"This contract" means the contract between the customer and
The Welsh Web incorporating these terms and conditions;
"Hosting" means making available the customers domain
name to the Internet community;
"Renewal Date" means the date of renewal of this contract
between the customer and The Welsh Web.
"Illegal" means any act or acts which are capable of breaching
the criminal law of England and Wales.
2.2 Any words in the singular include the plural and vice versa. All
definitions, notes, terms and conditions referred to in this contract form
part of the contract as if they were expressly set out in it.
3 Contract Period
This Contract shall continue from the commencement date for a period of
twelve calendar months subject to termination under conditions 8 and 9.
4 The Customer’s Responsibilities
4.1 It is the customer's obligation to ensure that they do not upload a
virus to the web space provided by The Welsh Web which could infect the
server used by The Welsh Web. The customer must not allow a virus to enter the
Internet community by allowing Internet users to download files containing
viruses and knowingly or otherwise from their web space which is on a Welsh
Web server.
4.2 It is the customer's obligation to ensure that any material being
uploaded is not in breach of copyright. The Welsh Web accepts no
responsibility for the customer's actions in either uploading material to
the WWW or in the customer's transferral of any material to other Web
sites.
4.3 The customer agrees not to upload any
of the following material to the web space provided by The Welsh Web:
Illegal
material - This includes copyrighted works, commercial audio, video, or
music files, and any material in violation of any Federal, State or Local
regulation.
Adult
material - this includes all pornography, erotic images, or otherwise lewd
or obscene content. The designation of 'adult material' is left entirely to
the discretion of The Welsh Web.
Warez
- Includes pirated software, ROMS, emulators, phreaking, hacking, password
cracking, IP spoofing, etc., and encrypting of any of the above. Also
includes any sites which provide 'links to' or 'how to' information about
such material.
4.4 The customer agrees that it shall not cause or permit or in any way
assist in any unauthorised publication, any dissemination of any defamatory
material or any material which could be considered to be in breach of the
criminal laws of England and Wales.
4.5 If the contract is terminated for whatever reason, the customer will
be entitled to a pro-rata refund of the contract price minus any set-up fees.
4.6 The customer agrees not to perform any action that will result in
the reduced performance of the The Welsh Web server to the detriment of other
users.
4.7 Not to commit any act whereby access is gained by the customer to
any information or resources of any body corporate or person, individual,
partnership, government agency, national institution, charity or recognised
organisation without first having obtained authority from those persons or
institutions.
4.8 The customer agrees not to use
The Welsh Web’s servers to send
unsolicited or spam e-mail to other Internet users. Failure to meet this
obligation would result in the termination of this contract without refund.
4.9 The customer agrees not to use unsolicited or spam e-mail in any
way that would result in any part of the The Welsh Web network being mentioned
either directly or indirectly in such postings. Failure to meet this
obligation would result in the termination of this contract without refund.
4.10 Not to do any act or omission, the result of which would have the
effect of bringing The Welsh Web into disrepute.
5 Limitation of Liability
5.1 For the avoidance of doubt
The Welsh Web has no obligation duty or
liability in contract and/or tort for breach of statutory duty or otherwise
beyond that of a duty to exercise reasonable skill and care.
5.2 In any event and in no circumstance shall
The Welsh Web be liable for
any loss either direct or indirect of profits, business or anticipated
savings or any other direct or indirect consequential loss arising out of
the provision of the service to the customer.
5.3 In no circumstance shall
The Welsh Web be liable for any loss whether
direct or indirect arising from the content of any information placed by
the customer onto the service provider of The Welsh Web.
5.4 Under no circumstances shall
The Welsh Web be liable for loss whether
direct or indirect of profits, business or anticipated savings or for any
direct or indirect consequential loss whatsoever by the failure of, or any
problem experienced by the customer in it's operation of it's web site.
5.5 Each provision of this condition is to be construed as a separate
limitation applying and surviving even if for any reason one or other of
the said provisions is held inapplicable or unreasonable.
6 Indemnity
6.1 Without prejudice to any other rights or remedies which
The Welsh Web
may have against the customer, the customer shall indemnify The Welsh Web against any loss or expenses sustained by reason of any breach of this
contract and any actions, proceedings, claims or demands in any way
connected with this contract brought on by or threatened against The Welsh
Web by a third party which are caused by or arise from any action of The
Welsh Web carried out pursuant to the instructions of the customer.
6.2 The customer shall indemnify
The Welsh Web against any actions,
proceedings, claims or demands in any way connected with this contract
brought or threatened against The Welsh Web by a third party which are caused
by or arise from any act or default of The Welsh Web carried out pursuant to
the instructions of the customer.
7 Charges
7.1 All charges of whatever nature in respect of service shall as such
be as The Welsh Web shall determine from time to time. On each occasion when
service is provided to the customer, the customer shall pay the charges in
force at that time, full details of which will be available from the
address specified in condition 9.
7.3 Value added Tax where applicable will be added at the appropriate
rate to the total of all charges shown on the customers bill.
7.4 Subject to paragraph 9 below, the administration charge referred to
therein is payable in full within seven days.
7.5 Should
The Welsh Web have to issue Court proceedings pursuant to this
contract the customer accepts responsibility for all The Welsh Web legal fees
and disbursements notwithstanding the value of the claim, on an indemnity
basis.
7.6 Any third party costs
The Welsh Web may incur due to processing the
payment for the services will be payable by the customer within seven days.
8 Termination of this contract by
The Welsh Web.
8.1 If the customer does not pay any charge when due or breaks this
contract in any other way The Welsh Web can terminate this contract
immediately without the requirement of prior notification.
8.2 Termination of this contract by
The Welsh Web will result in the
retaining by The Welsh Web of all monies received from the customer who will
not be entitled to a refund of monies paid.
8.3 Upon termination of this contract the customer shall nevertheless
remain liable for all charges due or which would have been payable under
this contract.
8.4 On termination
The Welsh Web will remove all materials held on The Welsh Web's computer and remove all privileges entitled to the customer.
9 Termination of the contract by the customer
9.1 The customer can terminate this contract at any time in writing to
the following address: RefurbIT Computers Limited, 94A Wrexham Street,
Mold, Flintshire CH7 1HG, United Kingdom. In an event of the customer so terminating this
contract, the customer will be entitled if they so wish to continue with
the contract until the expiration of the contract period or alternatively
the customer may request the immediate termination of the contract.
10. Force Majeure
10.1
The Welsh Web is not liable for any breach of this contract if the
breach was caused by an act of God, insurrection or civil disorder, war or
military operations, national or local emergency, acts of omissions of
government, highway authority or other competent authority, The Welsh Web's
compliance with any statutory obligation, industrial disputes of any kind
(whether or not involving The Welsh Web employees), fire, lightening,
explosion, flood, subsidence, weather of exceptional severity, acts of
omission of persons whom The Welsh Web is not responsible (including in
particular other telecommunication service providers), or any other cause
whether similar or dissimilar outside The Welsh Web's reasonable control.
11. Proper Law
This contract is to be treated as made in England and Wales according to
English and Welsh Law and subject to the jurisdiction of the English and
Welsh Courts.
12 Limitation on assignment
12.1 The customer must not assign the benefit of this contract in whole
or in part.
12.2
The Welsh Web reserve the right to assign the benefit of this contract
by giving prior written notice of any assignment to the customer.
12.3 Except with the prior written consent of
The Welsh Web, the service
shall not be used by or on behalf of any person other than the customer or
a third party specified on the application form.
