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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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