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Terms:
version 4.3a 1st July 2007
1.The Net101 service is operated by Net101 - henceforth
referred to as "Net101".
2. These terms and conditions apply to the creation by
Net101 of any website and associated hosting and maintenance
services or creation of 'other multimedia solutions' (as defined
below) for a client - henceforth referred to as the "Client".
3. These terms and conditions are intended to form a
binding contract between Net101 and the Client, which should
be interpreted only under UK and French law. Nothing in the
following clauses overrides any rights that the Client has in
law, other than where it is agreed in law that this is allowable.
Website creation.
4. Upon receipt of confirmation of an order for a Net101
website, and an initial fee being paid (75% of quoted price)
with order, Net101 undertake to do the following:
*If required, register (and pay for) a suitable website
name such as yourbusiness.co.uk - which will be registered in
the Client's name and for the Client's exclusive use with Nominet
(the UK registration authority) or such other authority as is
relevant. Please note that this forms a contract between the
Client and (for example) Nominet. Nominet's terms are given
on www.nominet.org.uk
*Design and create in timely fashion a website with an appropriate
navigation system. Websites will be designed such that they
are suitable for display at screen resolutions 800 by 600 and
1024 by 768 (or equivalent) in Internet Explorer, Netscape,
Firefox and Opera web browsers (latest two versions), and running
on PCs running Microsoft Windows 98 or later.
*Incorporate into the website such text and pictures as
are supplied in suitable form (electronic format) by the Client.
It is the Client's responsibility to ensure that they have the
necessary copyright to use any images which they supply for
use on their website, and the Client indemnifies Net101 against
any action resulting from any failure on their part in this
matter. NOTE. Where pictures are supplied by Net101 for
a website then the Client has non-exclusive use of these images
which may not be used other than on the website.
*Provide, if required, a standard end-user enquiry form
that will allow website users to contact the email address nominated
by the Client to Net101.
*Provide an initial hosting service without charge so
that the Client can view their draft site.
5. The Net101 logo and associated Net101 copyright notice
must remain on the menu area or the bottom right/left of the
designed site.
Website acceptance, ownership and cancellation
6. When Net101 believe that they have completed a satisfactory
design for the Client's website, the Client will be shown the
design and asked to approve it. If the Client approves the site,
or does so after subsequent agreed changes, then the website
will be deemed to be accepted. The site will only be put fully
live on the internet under the Client's website name once Client
acceptance has been received and the final agreed design payment
(remaining 25% of agreed price) has been made. The date when
the website is put fully live under the Client's website name
is the 'go-live' date.
7. Net101 reserve the right to cancel this contract at
any time without explanation or compensation, returning all
materials supplied and returning any fees paid (less expenses
directly incurred in registration of a website name for the
Client).
8. Ownership of the website remains with Net101 until
Client acceptance has been received. Thereafter Net101 grants
the Client non-exclusive use of design features and material
not originally supplied by the Client. This use is limited to
the single Internet site created by Net101 under this contract,
and comprises solely the htm and asp pages created, or their
equivalents, and Macromedia Flash .swf files if relevant.
Website maintenance
9. Client MAINTAINING OWN WEBSITE. In this case
the Client will be provided with logon details and password,
using whichever software package they choose. No additional
charges are made. Any page which has been amended directly by
a Client becomes the Client's own responsibility including the
provision of backups. Net101 will, at their sole discretion,
offer reasonable assistance in resolving issues that arise.
10. Net101 MAINTAINING WEBSITE - MINOR EDITS.
Net101 will, at no charge, make minor edits on request to an
existing website created and hosted by Net101. A minor edit
is one of the following: a change to or addition of a telephone/fax
number, email address or postal address, a correction of a spelling
mistake or other 'typo', a change to opening times or equivalent
features, a change to prices (limited to 20 products, thereafter
chargeable)
11. Net101 MAINTAINING WEBSITE - MAJOR EDITS. If
the Client requests changes to an existing website which fall
outside of the 'minor edits' defined above, Net101 will be entitled
to raise a pre-agreed charge (currently £26.31 per hour)
on a per occasion basis (which covers all changes made at one
time), to be paid in advance. Net101 reserve the right to judge
whether the scope of such a potential edit has been exceeded
and actually contitutes a major site redesign.
Website hosting
12. Clients should note that Net101 use only one hosting
service, and reserve the right to change the hosting service
used at will so as to provide the most reliable and cost-effective
service possible.
13. The annual hosting fee is designed to be suitable
for typical small business use. It is not suitable for any site
which makes heavy use of bandwidth through use of multimedia
or otherwise, or which attracts a mass market audience. Net101
therefore reserves the right to immediately withdraw from, or
renegotiate hosting services with, any Client whose use of bandwidth
or storage space is deemed by Net101 as inappropriate to the
basic Net101 hosting service.
14. Net101 does not allow its hosting facilities to be
used for illegal, immoral or distasteful websites. The Client
agrees that any content introduced to the site may be inspected
by Net101 staff without hindrance and notes that hosting may
be withdrawn without notice if such content is found.
15. Where Net101 host a domain name, email services are
provided as follows unless otherwise agreed:
*up to 5 POP email addresses;
*email forwarding as required.
*maximum email storage of 50Mbytes
*maximum individual email attachment size of approx 5MBytes
Other Multimedia Solutions
16. Where Net101 are asked to create 'other multimedia
solutions' (for example, CD delivered multimedia) then a bespoke
price will be agreed, with an advance payment of 50% of the
production cost due in advance, 40% on delivery of an agreed
final version, and 10% two weeks thereafter.
17. The provisions made elsewhere in this document with
regard to creation, maintenance, copyright, ownership and liabilities
apply equally to 'other multimedia solutions', though interpreted
so as to be relevant to the characteristics of 'other multimedia
solutions'.
Limitations of liability
18. Where Clients use a third party product or service
(e.g. Macromedia Contribute for website editing or PayPal/Worldpay
for e-commerce) then their relationship is exclusively with
the supplier of that product. Though Net101 may introduce these
products and services, it is entirely up to the Client to inform
themselves both as to benefits and risks and to correct usage.
19. The Client should note that the internet is operated
by many companies not under Net101 control, and that it is therefore
not possible for Net101 to guarantee quality of service beyond
using reasonable endeavours to solve Client issues.
20. Net101 can in no circumstances be liable for any
consequential loss on the part of the Client howsoever caused.
21. The Net101 liability to compensate any Client for
any failure on its part shall be limited to 1.5 times the fees
paid to Net101 by the Client during the previous 12 months in
connection with the relevant Net101 service provided.
22. Net101 shall not be liable for any failure to register
or renew any website name (domain name) as requested by the
Client, or for any delay in so doing which results in the loss
of the domain name. Clients are advised that registration is
ultimately their responsibility and that they can check status
of any domain name through www.nominet.org.uk or via www.joker.com
as appropriate.
23. Net101 shall not be liable for the loss or delay
of any email directed to or from an email address supplied under
the Net101 service. Clients are advised that it is their responsibility
to perform regular checks that their Net101 email is fully operational.
24. Net101 shall not be liable for breaks in service
or availability of the Client's website, except insofar as it
will extend the hosting period paid for proportionately to any
such break in service.
25. Net101 shall not be liable for the misuse of data
of any kind associated with the website and obtained in a fraudulent
or illicit manner by third parties.
26. Net101 shall at it's discretion charge a 'changeover'
fee should the client decide to reissue control over the domain.
The fee being approx one third of the estimated annual charges
of site updates and maintenance.
27 These terms constitute the entire agreement between Net101
and the Client, notwithstanding any previous agreement be it
written or oral or in any other form. Heading are indicative
only, and should not be used to further define any clause. Any
variation to these terms are valid only if agreed in writing
and signed by a Director of Net101.
END of version 4.3a
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