Terms and Conditions
By and between MC Webs carrying on business at 11 Willow Close, East Leake, Loughborough, LEICS, LE12 6PU
And the Customer.
"Customer" shall mean End User of agreed Services within a Contract and/or their employees and/or their clients/customers
"Contract" shall mean any arrangement agreed to between MC Webs Ltd and the Customer, which includes, but is not limited to, the holding of domain names, website designing, creating and hosting and the provision and/or setting up of email services on behalf of the Customer.
"Services" shall mean the services supplied by MC Webs Ltd within the agreed Contract with the Customer.
All Services provided by MC Webs may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of United Kingdom law is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening, obscene or racist or material protected by trade secret and other statues.
The Customer agrees to indemnify MC Webs and hold them harmless from any claims resulting from the use of the Services, which damages the Customer or any other parties.
- Pornography and sex-related merchandising is prohibited from being stored, posted, displayed, transmitted, advertised or otherwise made available on any of MC Webs' Services. This includes websites that may infer sexual content, provide links to adult content elsewhere and promote any illegal activity or content that may be damaging to our servers or any other server on the Internet.
- MC Webs will notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its Services.
- Spamming, or the sending of unsolicited email, from a MC Webs server or using an email address that is maintained on a MC Webs machine is STRICTLY prohibited.
MC Webs will be the sole arbiter as to what constitutes a violation of these provisions. MC Webs reserves the right to deny access to or remove such information it deems in violation of these provisions without warning and until such time as the matter is satisfactorily resolved.
If you are in doubt about any of these provisions then please contact MC Webs on email@example.com.
The Customer undertakes to use the Services in a manner consistent with these Terms and Conditions. The Customer undertakes to pay invoices promptly and timeously. The Customer is solely responsible for ensuring that any material used, transferred or made available on their website or via their email does not infringe the laws governing, but not exhaustively covering, copyright, trademarks, pornography, child pornography or any other material, which is slanderous, defamatory or might cause offence in any other way. The Customer undertakes, not to assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part without the prior written consent of MC Webs or its authorized affiliated company.
Payment for Services
The Customer will be invoiced for the full contracted amount when the set-up part of the Contract is complete. Should the final set-up be delayed through the Customer's failure to fulfil their side of the Contract then MC Webs reserves the right to invoice for work already completed. Payment is due 30 days from the date of invoice and prompt payment of the invoice is requested. Accounts are in default if payment is not received within 45 days from date of invoice. If a Customer's cheque is returned by the bank as not redeemable, the Customer will be deemed to be in default. Accounts unpaid 60 days from date of invoice may result in the Customer's service being interrupted and/or terminated. Such interruption/termination does not relieve the Customer from the obligation to pay any monthly charge or outstanding monies. Only a written request to terminate a service (see Termination of Contract below) relieves the Customer of their obligation to pay the monthly charge.
All files, information and mail under a Customer's account will be preserved for 60 days from the date of invoice. If the payment is still not received after a further 30 days, all files, information and mail under the account will be deleted. If the Customer wishes to use the Services again, the Customer must first pay all outstanding invoices and a late payment charge of £15. If the Customer's account with MC Webs is terminated, for any reason, by either MC Webs or the Customer then MC Webs has the right to delete all data, files or other information that is stored in the Customer's account. MC Webs reserves the right to change the advertised prices for its services at any time without notice. MC Webs also reserves the right to change existing contracted prices at any time, giving current customers 30 days notice of such changes.
MC Webs cannot be held responsible for the content of any Customer's website, emails, news postings or any other material distributed through MC Webs Services.
The Customer hereby agrees fully to indemnify, keep indemnified and hold harmless MC Webs, its officers, employees, agents, sub-contractors and affiliated companies from and against any and all costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by the Customer as a result of the Customer breaching any of its obligations in this Contract.
Warranties and Liability
The Customer accepts all Services provided by MC Webs "as is" without warranty of any kind.
MC Webs will make every effort to maintain acceptable performance of Services contracted for, but MC Webs makes absolutely no warranties whatsoever express or implied, including warranty of merchantability or fitness for a particular purpose.
MC Webs cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted or received or stored on its system. MC Webs shall not be liable to its Customer for any claims or damages which may be suffered by a Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of MC Webs or the Customer's errors or omissions.
LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE CUSTOMER TO MC WEBS FOR THE CURRENT MONTH.
Customers will take all necessary measures to preclude MC Webs from being made a party to any lawsuit or claim regarding MC Webs Services provided to any Customer. Customers hereby agrees to indemnify and hold harmless MC Webs from any and all claims of whatever nature brought by any of the Customer's employees and/or their clients/customers against MC Webs in excess of the remedy as stated above.
Termination of Contract
This Contract shall run until the end of the agreed period and shall automatically be renewed on this basis unless:
MC Webs gives a 60-day written notice (in letter or email) of their intention to terminate such Contract.
The Customer gives a 60-day written notice (in letter or email) of their intention to terminate their Contract. Such notice shall not negate nor invalidate any monies still due for said Contract and such termination will not automatically invoke a refund of any monies paid in advance unless otherwise agreed to my MC Webs.
Termination of this Contract by MC Webs in writing to the Customer will have immediate effect if the Customer is in breach of any of its obligations under this Contract.
Each of the parties agrees not to disclose any confidential Information received from the other party without their written consent or make any use of any such confidential Information other than for the purposes of performance of this Contract and to use due diligence in protecting confidential information from being distributed in the public domain.
Each party may disclose confidential Information received from the other to its responsible employees, consultants, sub-contractors or suppliers who need to receive the information in the course of performance of this Contract.
The limited Customer information gathered by MC Webs in the setting up and maintenance of a Customers Contract will be kept private and confidential and will not be passed on to or sold to any third party.
Where MC Webs purchases a domain name or receives transfer of a domain name, as part of a Customer's Contract the domain name shall be held in trust by MC Webs on behalf of the Customer. This shall remain in force as long as the Contract is still valid.
If domain names are transferred to MC Webs for holding in trust then the Customer must instigate the transfer with their current ISP or supply the necessary information to enable MC Webs to set the transfer in motion on their behalf.
Each domain name registration, whether bought on behalf of the Customer or transferred by the Customer to held in trust by MC Webs will need to be renewed every 2 years on the anniversary of their first registration date. Renewal costs are for the Customer's account.
Should either MC Webs or the Customer terminate a Contract then the domain name may be transferred away from MC Webs provided that all outstanding monies have been paid.
Any transfer fees will be for the Customer's account.
Unless otherwise agreed, the Customer will provide all initial material which they wish to host on their website. MC Webs will prepare all initial content for the website but thereafter any additional images that need preparation shall be charged for at an agreed rate. The Customer shall take full responsibility for the content of the media and MC Webs or its authorized companies shall be under no obligation to validate such material for content, correctness, legality or usability. The Customer acknowledges and accepts that they bear sole responsibility, legal and otherwise, for the content of all material appearing on its website this shall apply to all material, whether posted on the Customer's website by or on behalf of the Customer by any third parties.
The annual hosting renewal date will be on the anniversary date of the first invoice.
MC Webs does not allow the transmitting of bulk email as this is considered spamming or the transmission of any inappropriate material insulting criticism or remarks racial or otherwise that are intended to incite anger.
The Customer acknowledges that MC Webs is not responsible for the security of the contents of email(s) sent or received by the Customer. When sending email the Customer acknowledges that they are responsible for complying with any relevant legislation.
Customer's rights and obligations under this Contract may not be transferred or assigned directly or indirectly without the prior written consent of MC Webs, which consent shall not be unreasonably refused.
MC Webs reserves the right to sub-contract any of the work required to fulfil its service obligations under this Contract.
All parties shall attempt to resolve all disputes arising out of any Contract in a spirit of co-operation without formal proceedings.
Should any provision of this Contract be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this Contract shall remain unaffected thereby unless otherwise stated.
These Terms and Conditions supersede all previous versions, understandings or agreements and shall prevail notwithstanding any variance with Terms and Conditions of any order submitted. Use of MC Webs' Services constitutes acceptance of these Terms and Conditions.
All notices related to this Contract may be sent by email, fax or express mail to the email address, fax number or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.
MC Webs reserves the right to add, delete or modify any provision of these Terms and Conditions at any time without notice.