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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