Terms and Conditions

  1. These terms and conditions shall apply in respect of all goods and services we supply ("the Service"). Except to the extent that these terms and conditions are varied by mutual consent they shall constitute the entire agreement between us and shall prevail over your own terms and conditions. You agree that in entering into this agreement, you shall not rely on any representation or understanding, whether oral or in writing, which is not included or referred to in these terms and conditions.
  2. All communication in respect of the Service received from you whether by way of a requested change or otherwise shall only be accepted in writing. Writing shall include email or fax. We shall not be responsible for confirming that the relevant person communicating with us is not authorised unless you have specifically notified us that such person is not authorised.
  3. While every effort is made to ensure accuracy all details contained on our website, brochures, price lists and other promotional material are intended to give a general idea of our products and services only and nothing contained in any of them shall form part of these terms and conditions.
  4. While we take every effort to backup all sites hosted by Us for use in the event of a failure we give no guarantees as to the quality of this backup. We strongly recommend that You keep a backup of all content that you use within Our site. We also give no guarantees as to the time required to restore all sites in the event of failure, but we will try to complete this within a timely manor.
  5. The title to and any copyright or other intellectual property rights in the materials supplied by you to us will belong to you to the extent that it is not materially varied by us. We retain the title to and any copyright or other intellectual property rights in all designs, plans, images, source code and any other material developed by us in providing the Service to you.
  6. Where we are to provide the Service, you shall indemnify us against all losses, expenses, damages and costs incurred by us as a result including (but not limited to) those incurred by us in respect of any claim by a third party for infringement of any patent, copyright, design, trademark or other industrial or intellectual property right or for negligence, whether in respect of personal injury or death or otherwise. Risk of damage to or loss (in whatever form) supplied by you shall be yours even if in our possession.
  7. We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any materials supplied by you to us or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.
  8. Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this agreement, which arise out of or in connection with the provision of the Service.
  9. Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.
  10. You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.
  11. Any claim that you may have against us must be notified to us in writing within one month of the claim arising.
  12. We may on occasion reference any work carried out by us on your behalf and/or list you as being a customer of ours for marketing and promotional materials. The price agreed at the outset of the relevant contract reflects your consent to this.
  13. If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.
  14. Any waiver by us of any breach of or any default under any provision of this agreement will not be deemed a waiver of any subsequent breach or default and will in no way affect the terms of this agreement.
  15. Your Content. You may designate content for uploading and display to end users by uploading such content directly to Us. All content designated by You and contained within or provided by You in association with such content, including but not limited to all images, audio, code, videos or other file types, is referred to collectively as "Authorized Content." within your website must be legal, by this we mean that You should have first obtained (and paid for, where appropriate) all copyrighted material (audio, video, images or other formats) used within your site.
  16. Fair Use Policy. We operate a fair use policy. We do not impose fixed limits on your site bandwidth, but we do monitor the bandwidth. If we notice this to be excessive we will contact you to discuss this further.
  17. Adult material (pornography or other obscenity etc) of any kind is strictly prohibited within Your site. Anyone found with this kind of material will have their account disabled with no refunds.
  18. All top-ups are final. Refunds may be given at Our discretion.
  19. The terms of the Contracts (Rights of Third Party) Act 1999 shall not apply to these terms and conditions.
  20. These terms and conditions shall be governed by the laws of England and the non-exclusive jurisdiction of the English Courts.