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Valid from 1st October 2003 until replaced.
Start Of Contract (Ref 2003/10a):
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 by the client and submitted
to Web Pages 'R' Us.
The Client will have one opportunity to inspect the draft site and
request changes, unless agreed otherwise in writing. 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 these terms will be quoted
for by 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, at its
own discretion, Web Pages 'R' Us will use its best efforts to resolve
the difficulties as quickly as possible within technical and physical
constraints.
Technical support or any other form of support is not included unless
agreed otherwise in writing.
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.
Intellectual Property Rights & Copyright
Web Pages 'R' Us retains the copyright and intellectual
rights to all programs and scripts it creates, and to any database
designs it creates. Where third party software is used the rights
of the third party software provider apply.
Web Pages 'R' Us owns the design of the site: it may not be copied
or used for other purposes.
Any logos produced by Web Pages 'R' Us for the site will belong
to Web Pages 'R' Us unless agreed in writing otherwise.
End Of Contract (Ref 2003/10a)
If you feel that there is anything in this contract which is preventing
you from doing business with us then please let us know.
You can find the previous version of this contact here
(pre 01oct 2003).
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