Note: this contract was valid prior to 1st October 2003 and is
NOT the current version of the contract for new work.
Start Of Contract (Ref 2001/06a)
Instantiation
This agreement between Web Pages 'R' Us and the Client will become
effective upon provision of Web Services to the Client. The Client's
submission of an order (verbally or in writing) for Web Services
indicates acceptance and endorsement of this agreement by the
Client.
Jurisdiction
This agreement shall be governed by the laws of England the courts
and/or tribunals of which shall have sole jurisdiction over any
legal issue arising from it.
In the event of any conflict in the various terms and conditions
of this agreement Web Pages R Us will have the sole
right to determine the precedence of the conflicting terms.
Signatory's Warranty
The Client's representative or representatives authorising this
agreement:
1. Represent and warrant that they have the authority to enter
into this agreement.
2. Agree to indemnify and defend Web Pages 'R' Us and its representatives
or agents from any and all damages arising out of any breach of
this representation and warranty.
Client's Warranties
and Responsibilities
The Client represents and warrants that they are authorised and
have the right
1. To provide the product or services to be advertised, if any
2. To use any copy, illustration, personal or corporate name,
copyrighted material, graphic or pictorial reproduction, trade
names, trademarks, endorsements, language and any other items
used in the web site pursuant to this agreement.
The Client agrees to indemnify and defend Web Pages 'R' Us and
its representatives from any and all damages (including legal
and tribunal fees) arising out of breach of this representation
and warranty. The Client assumes sole responsibility for protection
of its copyright, trademark or other right or interest in any
copy, illustration, language and any other items used.
Limitation of Liability
The Client agrees that the entire liability of Web Pages 'R'
Us, in the event of any damages related to this agreement,
including any damages resulting from any errors or omissions shall
be limited to an amount not exceeding the charges paid by the
Client for the service.
Termination and Refunds
This agreement and related services may be terminated by the
Client by giving a written notice of termination. For this purpose,
written includes e-mail from the Client's e-mail address as registered
with Web Pages 'R' Us.
In the event of termination of this agreement and related services
by the Client no refunds will be due to the Client.
Web Pages 'R' Us reserves the right to terminate this agreement
and related services at any time for any reason. In such circumstances,
only Web Hosting fees will be refunded pro rata to any unexpired
rental period in units of one month.
All fees for Web Site design and other consultancy work which
have been accepted by the Client are non-refundable. Domain
name fees are not refundable. Termination by either party will
not affect ownwership of any domain name: in all cases the registrant
of the domain name will own any domain name.
Quality of Work
The Client will have the opportunity to review the design and
content of Web Sites created for them by Web Pages 'R' Us. Requested
changes will be documented and e-mailed to the client for approval.
In the case of Standard Sites created from templates or page styles,
the Client will have one opportunity to inspect the draft site
and request changes, such changes to be within the limits specified
on Web Pages 'R' Us web pages for its services. The requested
changes will then be made and the site will go live. If the Client
believes that the site is still not in accordance with the agreed
changes they shall E-mail Web Pages 'R' Us with details of the
discrepancies. Agreed discrepancies shall be fixed by Web Pages
'R' Us at no charge to the Client. Requested changes outside the
terms for Standard Sites will be quoted for at Web Pages 'R' Us'
at its normal commercial rates for such work.
In the case of large sites (i.e.exceeding thirty web pages), the
review process will be documented in an individual agreement made
between Web Pages 'R' Us and the Client.
Loss of Data
The Client assumes full responsibility for data storage and maintaining
backups or copies of their files and web site programs and any
other data that are owned by themselves, whether these reside
on the Web Pages 'R' Us or its agents servers, or the Clients
or its agents servers. Web Pages 'R' Us takes no responsibility
for such files etc on its or its agents servers which it has created
or uploaded on behalf of the Client (e.g. as a result of Web Pages
'R' Us creating a Web Site for the Client).
The Client accepts and agrees that Web Pages 'R' Us is not liable
for the loss of Client's files, web site programs and any other
data that are owned by the Client that reside on the Web Pages
'R' Us servers and which were placed there by the Client or by
Web Pages 'R' Us at the Client's request.
Interruption Of Service
The Client agrees to make no claim against Web Pages R
Us or its agents for any loss, interruption or degradation of
service however occasioned.
Problem Resolution
In the event of technical difficulties, Web Pages 'R' Us will
use its best efforts to resolve the difficulties as quickly as
possible within technical and physical constraints. Web Pages
'R' Us agrees to perform to the best of their ability all of the
duties that may be required by the express and implicit terms
of this agreement.
Disclaimer
The Internet is a public network over which Web Pages 'R' Us
has no control. Therefore Web Pages 'R' Us disclaims any and all
loss or liability resulting from, but not limited to:
1. loss of data
2. loss of software or hardware
3. loss or liability resulting from access delays or access interruptions
4. loss or liability resulting from computer viruses, worms, trojans
or any other form of unauthorised attack or denial of service
5. loss or liability resulting from the non-delivery or mis-delivery
of data
6. loss or liability resulting from any errors, omissions, or
mis-statements in any and all information, goods or services obtained
on or through Web Pages 'R' Us' services
7. loss or liability resulting from acts of God.
Efficacy of Web Site
Web Pages 'R' Us has no control over how web sites are advertised,
marketed and/or made known to 'search engines'. Therefore Web
Pages 'R' Us makes no representations nor gives any guarantees
or warranties as to how a particular or any web site may perform
with regard to any purpose including but not limited to sales,
marketing, dissemination of information and advertising.
Acceptable Content
Web Pages 'R' Us does not host sites which offer for sale, advertise
or market or link to other sites which offer any of the following:
1. Objects which it is illegal to sell or advertise in the UK
(e.g. prohibited substances, firearms, remains of endangered species).
2. In general, Adult Content except for merchandise offered by
bona fide marital aids suppliers. However, on request we may quote
for hosting sites with adult content but these take longer to
establish.
Web Pages 'R' Us reserves the right to refuse any Web Site content
without giving any reason whatsoever.
End Of Contract (Ref 2001/06a)
If you feel that there is anything in this contract which is
preventing you from doing business with us then please let us
know.
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