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Tewkesbury.net
Terms & Conditions
1.0 Definitions.
In this document the following terms have the meanings attributed to them:-
1.1 "the
Company" is Craig Fletcher trading as Tewkesbury.Net.
1.2
"the Customer" is the person, company or organisation
whose name and address is set out in any application or registration
form which refers to the Company's standard terms and conditions.
1.3
"the Services" are the various services described in the
Company's web site at the date of completion of the application
or registration form which may be modified in the manner described
in paragraph 2 below.
1.4
"Law" means the general law of England including (without
prejudice to generality of the foregoing) the criminal law, the
law of copyright and trade marks and all laws rules and regulations
from time to time relating to or touching upon the publication or
transmission of material or data in electronic form.
1.5
"this Agreement" means the contract which is formed by
the application form and these terms and conditions which are either
referred to in the application form or are integral and referred
to on the http://www.tewkesbury.net web site.
2.0
Variation.
2.1
The Company reserves the right at its discretion from time to time
to vary or withdraw the Services described in the web site and to
add new services thereto.
2.2 The
Company also reserves the right on giving 7 days notice to alter these
terms and conditions by notice on this website, or by email.
2.3
The Company shall be entitled to alter its prices and charges at
any time, notice to Customers is by display on the Company's web
site (which alteration shall only take effect on the date when the
Customer's next subscription payment becomes due).
3.0
The Services.
3.1
The Customer acknowledges that the Company has no liability of any
kind whatever to the Customer arising out of the use of the Services
by the Customer or out of any failure of the Company to provide
the services or any of them.
3.2
The Customer agrees the use of the Services is at the Customer's
sole risk. The Company, its agents, contractors, licensors, employees
and internet service providers providing the services for the connection
from the Customers hardware to the Company or the Internet do not
guarantee that these services will be uninterrupted or free from
error. The Customer accepts that without notice for commercial,
technical or other reasons: a) The Service may be suspended, b)
a network or service provider connected to the Service may suspend
or terminate its connection to the Service, c) The Service may suspend
or terminate its connection with another network or service provider,
and that any such suspension or termination shall not be in breach
of these terms and conditions. The Services are therefore provided
on an "as is" basis without guarantee of any kind.
3.3
For the avoidance of doubt, in no circumstances will the Company
be liable for any loss of profit, business, anticipated savings
or consequential loss suffered by the Customer.
4.0
Conditions of use.
4.1
The Customer will use the services in accordance with the Law and
in accordance with any regulations or codes of practise issued from
time to time by the Company and in no other manner. If the Customer
shall in the use of the Services commit any breach of the Law or
of any such regulations or codes of practise the Company shall be
entitled to end this agreement forthwith without notice.
4.2
The Customer will not use the Services to send, receive, retransmit,
print, publish, reproduce, transfer or commercially exploit any
defamatory, offensive, abusive, obscene, intimidating, threatening,
harassing, pornographic, sexually offensive material or any material
protected by confidentiality or trade secret in any form (text,
graphical, audio, video or medium as yet unknown). The Customer
shall not contravene any current or future laws of the United Kingdom.
This shall apply whether or not the Customer was aware of the content
of the material or of the relevant law.
4.3
The Customer is responsible for data entered onto the Customer's
password controlled area of the web site. The Company does not exercise
editorial control, check or moderate the Customer's web data entries
(other than to verify the Customer's account details when the registration
is made). In the event of the Company being advised by a user of
the web site, that the Customer's data conflicts with para. 4.2
or any other complaint by a user of the web site, the Company reserves
the right to disable or remove the Customer's data, whether or not
the complaint is justified.
4.4
The Customer shall adhere to the 'Html Guidelines' shown in the
Appendix below. The Company reserves the right to alter or remove
html tags entered into the Customer's section of the web site if
the html tags contravene the 'Html Guidelines.
4.5
The Company shall be entitled to end the Agreement forthwith if
in its opinion (which shall be final) the Customer has been using
the services in a wasteful or profligate manner.
4.6
The Customer will fully indemnify the Company from and against all
liability of any kind which may fall on the Company as a result
of the Customer's use of the Services whether legal or illegal or
as a result of any other breach of this agreement.
4.7 The
Company shall be entitled to assign this agreement either in whole or
in part. The Customer shall not assign, re-sell, transfer or sub-let the
Services or his/her rights under these terms and conditions unless they
have an approved reseller agreement with the Company. Breach of this restriction
in any way, whether successful or not, will result in the Customer's account
being terminated.
4.8 You agree
that we can contact you by mail, email or phone regarding this service.
5.0
Customer's Passwords.
5.1
The Customer shall keep their username, access code and password
private and confidential and not allow any other person or persons
or organisations access thereto or to the Company's password controlled
areas of the web site.
5.2
In the case of the Customer's password or web data being compromised,
the Customer shall notify the Company immediately by fax or email
to support@tewkesbury.net.
6.0
Force Majeure.
6.1
The Company will use all reasonable endeavours to provide the Services
continuously but shall not be liable if prevented from doing so
by circumstances beyond its reasonable control.
7.0
Termination by Customer.
7.1
The Customer may terminate the Agreement at any time by giving one
month's written notice to the Company. There are no refunds on terminated
Agreements.
8.0
Fees.
8.1 All payments
are made in pounds sterling to our advertising agent, FletcherConsult.
8.2
If the Customer fails to pay and monies due under this Agreement
to the Company within 7 days of becoming due the Customer shall
be deemed to have ended this Agreement and the Company shall be
entitled to withdraw the service and charge a re-registration fee
if the Customer pays subsequently.
8.3
Value Added Tax is payable on all fees.
Appendix
- Html Guidelines
The
reason for the guidelines is to preserve the visual integrity of
the Company's web site.
The
following html tags are allowed within the 'extended entry' and
'special enabled features' area of the Customer's web data entries:
<B>
</B>
<I>
</I>
<BR>
<P>
</P>
<HR>
<FONT
COLOR="xxxxxx"> </FONT>
<A
HREF="http://www.xxxxxx.co.uk> </A>
<A
HREF="mailto:xxxxxxx@xxxx.co.uk> </A>
Lists
html like <UL> <LI> </UL>
<PRE>
</PRE>
No
other tags are allowed without the Company's permission. For the
avoidance of doubt, varying font size, insertion of images, javascript
etc. is not allowed.
In
no circumstances should any html tags be used in any other web data
entry fields.
Tewkesbury.Net
- January 2000 - Revised March 2005
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