|
Terms of Business |
PDF |
| Print | |
E-mail |
Version effective from 25 February 2008
All Users of services provided by Stop Watch Web Limited, by use of such services, accept the terms of business set out in the form of service
agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.
NOTE: Spamming, or the sending of unsolicited email, from a Stop Watch Web account of any type or using an email address that is maintained as
part of a Stop Watch Web service is STRICTLY PROHIBITED.
This Agreement is made between Stop Watch Web a trading name of Stop Watch Web Limited, Registered office: 120a Huddersfield Road, Mirfield, West Yorkshire, WF14 8AB ("we" and also "SWW") and the user
_____________________________________________________
of
_____________________________________________________
("you" and also "the Customer").
The date of this Agreement is
_____________________________________________ 20_____
The following constitute the terms and conditions under which Stop Watch Web trades and supplies its services and related products. These conditions, in conjunction with the details as shown on the Stop Watch Web Order Form (where completed) represent the totality of the agreement and form the Contract between Stop Watch Web and the User.
Any agreed variation or alteration to part of these terms and conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order. Stop Watch Web is entitled to suspend services if the User does not adhere to any or several conditions of this Contract.
1. DEFINITIONS
In this Contract unless the context otherwise requires:
"Service" or "Services" means domain name registration, hosting, Virtual Server hosting, bandwidth provision, email and any other service or
facility provided by us to you;
"Server" means the computer server equipment operated by us or provided by you in connection with the provision of the Services;
"Virtual Server" means the area on the Server allocated by us to you for use by you as a site on the Internet;
"SWW" means Stop Watch Web, a trading name of Stop Watch Web Limited, Registered office: 120a Huddersfield Road, Mirfield, West Yokshire WF14 8AB;
"Contract" means the agreement between SWW and the User incorporating these conditions, the SWW Order Form (where completed) and SWW's published charges for the provision of its services;
References to "Agreement" shall, where the context admits, be read as referring to the Contract;
"Charges" means the charges as agreed on the Order Form (where completed) and SWW's latest published prices for products and services requested or incurred by you;
"bandwidth" means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract;
"data transfer" means all traffic that passes through the Virtual Server including specifically but not exclusively web traffic, email, FTP transfers and any shell session data;
"Site" means the premises or location at which Service is or is to be provided under this Contract;
"Equipment" means equipment which is supplied by or on behalf of SWW to the customer or placed at or on a Site for the purpose of providing Service;
"Internet" means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Internet Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;
"User" means you, the Customer, or any person who makes use of the services though you or on your behalf;
"Initial Contract Term" means the initial period of service as specified in clause 6;
"Extension Term" means each successive period of twelve months after the Initial Contract Term.
2. DOMAIN NAME REGISTRATION
2.1 In booking domain name services from Stop Watch Web Limited you are deemed to have read, understood and accept these Terms of Business.
2.2 This paragraph is intended for illustrative purposes only and does not form a technical description or any kind. A domain name is that entity which may be registered with a higher level registrar, a Registry, such as Nominet UK or Tucows. In the example of a full web site address such as http://www.thisdomain.tld the domain is the part thisdomain.tld and tld, which is usually written as TLD when not forming part of a domain name, stands for Top Level Domain. TLDs include all domain names ending in .uk for which the main registrar is Nominet UK. Global TLDs include .com .info .biz .org and .net and there are several top level registrars for these. Stop Watch Web Limited currently subscribes to Tucows using the OpenSRS system. The expressions domain name and domain are synonymous and are used interchangeably throughout these terms and conditions. In selecting a domain name for registration, a user must select both the name they wish the domain to be known by and the TLD.
2.3 The person or entity on whose behalf the services are booked may be referred to as you, user, client or customer throughout to mean that person or entity. Stop Watch Web Limited may similarly be referred to as Stop Watch Web, SWW, we or us.
2.4 We make no representation that the domain name you wish to register is available to be registered. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has been registered. Any action taken by you before such notification is at your risk entirely. Should the domain be available, we will register it in your name and with your contact details.
2.5 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry. You shall ensure that you are aware of those terms and conditions and that you comply with them.
2.6 By registering a .uk domain name, you enter into a contract of registration with Nominet UK on their terms and conditions. By registering a Global domain name or any other non-UK domain name, you enter into a contract with Tucows on their terms and conditions. All domains purchased on your behalf will be held within our account but at all times will remain your property. We will release the domain to any other registering agent as soon as practicable upon your request to do so. We will not charge for releasing a domain unless in exceptional circumstances additional costs are incurred by us in the process. In that instance,we will seek to recover those costs from you in full prior to expediting the transfer.
2.7 Once registered, a domain name may not be cancelled or altered other than by paying the requisite fee to the appropriate Registry and our administration fee for effecting such change or cancellation. Quotation of such fees is available upon request in writing by email or letter to Stop Watch Web Limited.
2.8 Other than when used in conjunction with email only services but this exclusion does not apply to Open-Xchange server users, Stop watch Web Limited does not put restraints of use upon any domain it holds on behalf of its clients, including creating and using sub-domains.
2.9 You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.
2.10 Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
2.11 We shall have no liability in respect of the use by you of any domain name. Any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
2.12 We shall not release any domain to another provider unless full payment for that domain has been received by us.
2.13 We reserve the right to withdraw service without notice or to cancel your account shold you be in breech of any of the above conditions.
2.14 Stop Watch Web Limited may at its sole discretion use any domain held by it for its own gain including use of a front page advertising its own services or advertising for income or both.
2.15 Each domain name Registry is responsible for settling disputes about domain names within its responsibilities. The overriding responsibility for domain names world wide is held by ICANN. Where a dispute can not be settled by the Registry, ICANN's Dispute Resolution Policy Terms take precedence.
2.16 Please also see our Terms and Conditions regarding any other services hired by you from Stop watch Web Limited whereby any Domain Name we may have registered or renewed on your behalf may be used in conjunctin with those services.
3. SERVER, VIRTUAL SERVER HOSTING and EMAIL
3.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss of or damage to any data stored on the Server.
3.2. You shall effect and maintain adequate insurance cover in respect of any loss of or damage to data stored on the Server.
3.3 You represent, undertake and warrant to us that you will use the server web and email facilities allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that
3.3.1 you will not use these facilites in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so;
3.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way;
(b) any material containing a virus or other hostile computer program;
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. Your attention is drawn to the provisions of subclause 7.3 below.
3.3 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
3.4 You shall observe the procedures which we may from time to time prescribe and shall make no use of these facilities which is detrimental to our other customers.
3.5 You shall procure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
3.6 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
3.7 Any access to other networks connected to SWW must comply with the rules appropriate for those other networks.
3.8 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers or from corruption by virus and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to date or operations.
4. EMAIL
4.1 In booking email services from Stop Watch Web Limited you are deemed to have read, understood and accept these Terms of Business.
4.2 The expressions Electronic mail, Email, email and the services are synonymous and are interchangeable throughout these Terms of Business. The person or entity on whose behalf the services are booked may be referred to as you, user, client or customer throughout to mean that person or entity.
4.3 Email services may include provisioning of a single email address, several addresses or email and collaboration software server Open-Xchange.
4.4 The user ackowledges that use of the services supplied is undertaken entirely at the user's risk. We canot be held responsible or accountable for any loss or corruption of data either stored on our servers or in transit.
4.5 You agree not to use the services to send any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way. Nor will you send any material containing a virus or other hostile computer programme nor any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may exist under the laws of England.
4.6 You agree not to undertake any activity which may result in our servers becoming blacklisted thereby adversely affecting the legal activities of other Stop Watch Web users. Blacklisting is likely to be invoked as a result of sending unsolicited email messages, especially those of a commercial nature, sending large numbers of individual emails in a single batch, adding too many addressees in the To:, CC:, and BCC: lines to a single email or multile emails. The number of addressees in a single email is restricted to a total of 35 and the number of emails which may be sent in one batch is restricted to 20. larger batches may only be sent using mailing list management software available for use on our servers under separate hosting terms of business.
4.7 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.
4.8 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
4.9 You shall ensure that all mail is sent in accordance with applicable legislation, including data protection legislation, and in a secure manner whenever a secure connection is available.
4.10 Stop Watch Web will eneavour to provide a stable mail server platform and to minimise downtime and outages but can give no service level guarantees for these services.
4.11 We will provide for your use a minimum of 10 separate POP3 mail boxes to the domain name as registered by us on your behalf, and you may receive mail to as many aliases as you wish to each of those boxes. Further allocations are negotiable upon further payment above the standard minimum for the service. Yo may have unlimited POP3 Boxes on an Open-Xchange server hosted by us.
4.12 Email services are offered on a scale of charges starting at £51.70 per annum or £5.17 per month, with a minimum commitment of 4 months, for the basic service. All charges and fees are subject to VAT at the rate in force, currently 17.5%. Refunds are not payable to users. All fees and charges are to be received by way of cleared funds in our account prior tocommencement of service. It is encumbent upon the user to pay renewals such that cleared funds are in our account by the renewal date.
4.13 We reserve the right to withdraw service without notice or to cancel your account shold you be in breech of any of the above condtions.
4.14 Please also see our Terms and Conditions regarding Domain Name Registration and Renewal in conjunctin with these Terms and Conditions regarding Email services. Specifically, please note that those terms state domain names registered by us are registered in the client's name, that registration of the domain name of your choice is subject to the availability of that domain name, that the client may at any time move the domain to the care of an alternative registrar, and that, once booked, a domain name cannot be cancelled or revoked without incurring further charges imposed by the registrar of the TLD in question, and a further charge to cover our administrative costs incurred as a result.
5. CONTENT and MISUSE
5.1 You will use all reasonable endeavours to ensure that the SWW Service is used or includes content that conforms to the laws of this country and will not knowingly permit any illegal use or such use that will bring SWW into disrepute.
5.2 You must not, nor must any other person, use the Service: to send or receive any material which is offensive, abusive, indecent, obscene, or menacing, or in breach of confidence, copyright, privacy or any other rights, to cause annoyance, inconvenience or needless anxiety, or in breach of any provisions as contained within clauses 3 and 4 of this Contract, or other than in conformance with the acceptable use policies of any connected networks and the Internet standards.
5.3 SWW may discontinue Service immediately if the User is found to have carried out or permitted any illegal or use that is prohibited by these terms. If SWW suspends Service for contravention of the above conditions of this clause, SWW can refuse to restore Service until it receives an acceptable assurance from the User that there will be no further contravention.
6. SUPPLY OF HARDWARE and EQUIPMENT
6.1.1 Prices
6.1.2 Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
6.1.3 SWW reserves the right to modify the prices from time to time.
6.2 In the event that work is performed on a support basis then any work shall be charged as agreed in the support document. Unsupported work is charged on an hourly (or part) basis at the prevailing standard rate.
6.3 Delivery, Title and Risk - Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer. Title in the goods does not pass to the Customer until payment is received in full by SWW.
6.4 If the Customer cannot accept delivery, SWW may at its option: (a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that SWW may charge the Customer for the additional delivery costs incurred.
6.5 SWW's standard terms of payment for hardware and equipment are payment with order, and these will apply except in the case of transactions where different terms are agreed in writing.
6.6 If payment is not made on the due date SWW will be entitled to charge interest daily on the outstanding balance at the rate of 5% above Barclays Bank PLC base lending rate from time to time.
6.7 Product specifications - SWW will endeavour to deliver the goods requested by the customer but may substitute goods of equal or superior quality. If the customer declines substituted goods, a levy may be payable to cover expenditure such as restocking fees, carriage, etc.
6.8 Warranties and Returns - Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
6.9 SWW offers a "no charge" collection, repair and delivery service in the West Yorkshire area provided that the fault is reported within 7 days of delivery otherwise goods can be couriered to us at the customer's expense.
6.10 SWW cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
6.11 This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
7.0 BANDWIDTH UTILISATION
7.1 If the bandwidth or speed of Service used by you exceeds agreed quotas in a one month minimum period an excess charge will be payable by you at current published prices.
8.0 CHARGES and PAYMENT
8.1 All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
8.2 All Charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site or on the Order Form (where completed) and shall be due and payable in advance of our Service provision. Charges are exclusive of 'Value Added Tax' which shall, if applicable, be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice.
8.3 You acknowledge that our Services are provided using facilities provided to us by third parties; SWW shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the Initial Contract Term or any Extension Term, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate the Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date the Contract ends.
8.4 All charges unless otherwise agreed are payable in advance. Unless otherwise specified and agreed, set-up and installation charges are payable on order. SWW agrees to be party to this Contract upon SWW's acceptance of cleared funds covering first invoice or the first payment under the Order Form (where completed). Recurring charges are payable on connection as defined in subclause 5.1 of this agreement and thereafter on or before the same day (the due date) of all subsequent months during the Initial Contract Term or any Extension Term. If payment is not received on or before the due date SWW reserves the right to immediately withdraw, suspend or limit Service and will charge the User interest at the rate of 3% of the amount overdue per month.
8.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. If such a suspension is imposed, you will be liable for a "reconnection" charge of £25.
8.6 If suspension of service occurs for any reason you will be liable for a "reconnection" charge of £25.
9. DEFAULT
9.1 If you do not pay the charges in accordance with the provisions of clause 9 of this Contract, or break this Contract in any other way, or are subject to bankruptcy or insolvency proceedings SWW can (without prejudicing, losing or reducing any other right or remedy) suspend Service, wholly or partially, without notice (but the User remains liable during the suspension to pay charges for Service), or terminate this Contract by immediate notice, without prejudice to SWW's pre-existing rights.
9.2 Bankruptcy or insolvency proceeding means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed.
9.3 You continue to be liable to pay all charges which are due for Service during any period in which you do not comply with this Contract.
9.4 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your service or server space and to remove all data located on it. We shall be entitled to delete all such data but we may at our discretion hold such data for such period as we may decide, to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Virtual Server as we think fit.
9.5 For so long as any sum due to SWW hereunder is unpaid or any other amount is due to or properly claimed by SWW from you for services or goods supplied or for any other reason, whether pursuant to these terms or otherwise, SWW shall be entitled to retain any property owned by you or lawfully in your custody or possession and which is held by SWW or by its agents until such time as all amounts due to SWW are paid and/or any issue between you and SWW is determined.
9.6 If SWW waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by SWW in acting upon a breach is not to be regarded in itself as a waiver.
10. TERMINATION OF SERVICE
10.1 Service may be terminated by either party on giving at least 30 days notice to the other expiring on the last day of the Initial Contract Term or at any time thereafter.If SWW gives notice you shall pay all charges up to the expiry of the notice. If you give notice, you shall pay all charges as provided in subclause 9.5.
10.2 SWW reserves the right during the Initial Contract Term and at any time thereafter to terminate this Contract by giving to you not less than 30 days prior written notice of termination.
10.3 After the expiry of the Initial Contract Term you may terminate the Service by giving not less than 30 days prior written notice of termination, but subject to subclause 10.4.
10.4. Your notice does not avoid any other liability for Service already provided.
10.5 The Contract is a yearly contract and if you continue Service beyond your Initial Contract Term you will be liable to pay for the remainder of the then current Extension Term even though Service ends before the end of the Extension Term.
11. NOTICES
Any notice to be given by either party to the other may be sent by either email or recorded delivery to the address of the other party as appearing in this Agreement or the Order Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is
proved be deemed to be received on the day it was sent or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
12. MATTERS BEYOND SWW'S REASONABLE CONTROL
SWW is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.
13. LIABILITY
13.1 You acknowledge that SWW has no control over the information transmitted via the Service and that SWW does not examine the use to which you put the Service or the nature of the information you are sending or receiving. SWW hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.
13.2 SWW undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.
13.3 SWW is not in any way liable in contract or otherwise 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 whatsoever.
13.4 SWW makes no warranty as regards to its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and Service interruptions.
13.5 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 14.6.
13.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
13.7 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
13.8 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
14. INDEMNITY
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
15. INTELLECTUAL PROPERTY RIGHTS
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.
16. ASSIGNMENT
You may assign all or part of this Contract to any other party only with the prior written agreement of SWW. SWW reserves the right to assign all or part of this Contract at any time to any subsidiary or associate company of SWW.
17. LAW
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
18. HEADINGS
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
19. ENTIRE AGREEMENT
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
For the User
_____________________________________________________
Position
_____________________________________________________
Signature
_____________________________________________________
Name
_____________________________________________________
Date
_____________________________________________________
For Stop Watch Web
Position
_____________________________________________________
Signature
_____________________________________________________
Name
_____________________________________________________
Date
_____________________________________________________
|
Copyright © 2008 Stop Watch Web. All Rights Reserved.
|
|
Tooter for Site Registration
Find out how to submit your site to the Search Engines.
|
