| UKPages Ltd Terms and Conditions
1. SERVICE AGREEMENT
This Agreement ("Agreement") is between UKPages Ltd, a subsiduary
of UK Business & Investment Services Ltd,hereon UKBIS Ltd, and the
customers of our services. For good and valuable
consideration,the parties agree as follows:
1. SERVICES Subject to the terms and conditions of this
Agreement, UK Business & Investment Services Limited will provide to
services described in the plan selected by Customer from UKBIS Ltd
then published list of services offered from time to time
("Services"). The specific plan of Services to be provided initially
to Customer shall be as selected in the Order and thereafter as
established through correspondence between Customer and UKBIS Ltd.
It is the responsibility of the customer to supply the material and
content of the website and also check the content and design once
the web site link has been uploaded. UKBIS Ltd accept responsibility
to backup and protect the UKPages business promotion listing from
server corruption although we cannot be held liable for connection
problems from the clients own terminal that is used to access the
internet.
2. TERM The initial term of this Agreement shall be as stated in
the Order ("Initial Term"). The Initial Term shall begin upon
commencement of Service to Customer, provided, however, no Service
shall commence unless and until UKBIS Ltd receives and accepts a
completed Order from Customer, plus payment in full for Services to
be rendered during the Initial Term and any setup charges UKBIS Ltd
reserves the right to reject any submitted Order for any or no
reason prior to written acceptance thereof by UKBIS Ltd. After the
Initial Term, unless otherwise agreed to by the parties, this
Agreement shall automatically renew for successive terms of equal
length as the Initial Term unless terminated or cancelled by either
party only as provided in Paragraph 9 below. The Initial Term
plus all successive renewal periods during which Service is provided
shall be collectively referred to as the "Term."
3. FEES AND PAYMENT
All fees for Services rendered or provided to Customer shall be
in accordance with UKBIS Ltd pricelist then in effect, the terms of
which are incorporated herein by reference. A pricelist setting
forth UKBIS Ltd current rates for services is agreed with the
customer prior to work commencing. UKBIS Ltd may, with 30 days
notice to Customer, amend the Services and/or the rates and fees it
charges for the Services.
Fees for renewal periods after the Initial Term shall be due and
owing immediately upon the first day of such renewal period.
Customer will receive an invoice by email for the charges for the
basic Services rendered or provided by UKBIS Ltd for such renewal
period, plus any additional Services rendered or provided by UKBIS
Ltd to Customer for the preceding month of the Term, and any other
charges or fees then due hereunder. Payment in full of such invoiced
amount is due upon receipt of the invoice. Any dues or
subscription or monies deriving from the unpaid asset(s) shall be
for the benefit of UKBIS Ltd until such time as the customer makes
payment in full for services and incurred costs. This includes
online sales from the website or services that are unpaid. Non
payment of monies for services shall render all trademark, copyright
and content associated with the non paid service the sole property
of UKBIS Ltd.
3.1 Credit card payments processed via worldpay shall receive
confirmation of payment, i.e a separate invoice is not raised or
renewal notice issued as the customer has already entered into a
service contract with UKBIS Ltd via WorldPay at time of
first/initial payment and is solely responsible for the
managing the service agreement. This includes ensuring correct
funds are transferred, ensuring funds are available at time of
annual payment and termination of the agreement. Should payment
in full of any invoice not be received by UKBIS Ltd within
thirty (30) days after date of invoice, UKBIS Ltd may impose a debt
service charge equal to one and one-half percent (1.5%) of the
overdue balance, subject to £5 minimum administration charges (or
such lesser amount as may be required by law) for each month or
fraction thereof the overdue amount remains unpaid. In
addition, in the event that any amount due UKBIS Ltd remains
unpaid thirty (30) days after presentation of an invoice to
Customer, UKBIS Ltd, in its sole discretion, may immediately
terminate this Agreement, and/or withhold or suspend Services.
All taxes, fees and governmental charges relating to the Services
provided hereunder (other than income taxes of UKBIS Ltd) shall be
paid by Customer. No refunds will be given if Customer applies for a
.ltd.uk or .plc.uk domain without giving the correct Company
Registration number. Charges and fees resulting from enforced
collection or late payment of invoices, including all legal
fees and associated costs and/or costs imposed by a third party
(such as a collection agency) shall be fully liable by the customer
and added to final settlement amount due. It is the customers
full responsibility to ensure payment for services are received
within the terms specified on the invoice.
4. CONTENT AND CUSTOMER'S RESPONSIBILITY
UKBIS Ltd will exercise no control whatsoever over, nor have any
responsibility or liability whatsoever for, the content of the
information passing through its network. UKBIS Ltd shall make no
effort to validate any information passing through its network for
content, correctness, usability or for any other reason.
5. NO WARRANTY
Customer agrees to use all UKBIS Ltd' Services and facilities,
and any information obtained through or from UKBIS Ltd, at
Customer's own risk. Customer acknowledges and understands
that neither UKBIS Ltd, nor any of its employees,
representatives, agents or the like, warrant that the Services
offered or provided hereunder will not be interrupted or be error
free, nor do they make any warranty or representation as to the
results that may be obtained from the use of the Service or as
to the accuracy, reliability or content of any information
service or merchandise contained in or provided through the
Service, unless otherwise expressly stated in this Agreement.
UKBIS Ltd specifically disclaims all warranties of any kind,
including, without limitation, the warranty of merchantability
and fitness for a particular purpose, whether expressed or
implied, for the Service it is offering or providing
hereunder.
6. PROHIBITED USES
Customer shall not use, nor permit the use by any person of,
Customer's Web space or any part thereof, including any links
to other Web space, in violation of UKBIS Ltd' "Usage Policy"
provided herewith.
7. LIMITED LIABILITY
Under no circumstances, including negligence, shall UKBIS Ltd,
its officers, agents or anyone else involved in creating,
producing or distributing the Service hereunder be liable to
Customer or any third party, for any claims, causes of action or
direct, indirect, incidental, special, or consequential,
trebled, or punitive damages, that result or have alleged to
have resulted from the use of or inability to use the Service;
or that results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, defects, delays in
operations, or transmission or any failure of performance,
whether or not limited to acts of God, communications failure,
theft, destruction or unauthorized access to UKBIS Ltd' records,
programs or services. UKBIS Ltd further shall have no
responsibility whatsoever to Customer or any third party for
the accuracy or quality of information obtained through or in
connection with its Services provided hereunder.
Notwithstanding the above, Customer's exclusive remedies for
all damages, losses, costs or causes of actions from any and
all claims, whether in contract, quasi-contract, statutory,
tort including negligence, or otherwise, shall not exceed the
aggregate amount which Customer paid during the twelve (12) months
immediately preceding the claim or the term of this Agreement,
whichever is less.
8. INDEMNIFICATION
Customer shall defend, indemnify, save and hold UKBIS Ltd
harmless from any and all damages, demands, liabilities,
losses, costs and claims, including, without limitation,
reasonable attorneys' fees, compensatory damages, punitive
damages, trebled damages, and statutory damages (hereinafter
"Liabilities") asserted against UKBIS Ltd, its agents, its
customers, servants, officers and employees, that may arise or
result from any service provided or performed or agreed to be
performed by Customer, its agents, employees or assigns or any
product distributed, offered or sold by Customer, its agents,
employees or assigns.
9. TERMINATION
This Agreement may be terminated: (i) by either party,
without cause, by giving the other party 30 days prior written
notice; (ii) by UKBIS Ltd, at any time, upon 20 days' prior
notice if in the sole judgment of UKBIS Ltd, Customer breaches any
material provision of this Agreement and has not cured same by the
end of the 20 days; (iii) by UKBIS Ltd in the event of non payment
by Customer as provided in Paragraph 3 above; and (iv) by UKBIS Ltd,
at any time, without notice, if, in UKBIS Ltd' sole judgment,
Customer is in violation of any terms or conditions of UKBIS
Ltd' Usage Policy. If domain name is transferred or cancelled for
any reason within the first 3 years of purchase, a fee of forty
pounds will be charged in all circumstances. The transfer or change
of handle/tags will not take place until payment has been received
in full. Transfer of domains thereon will incur an
administrative fee of £25 per domain name to cover administrative
duties including verification of request, removal from UKPages
Ltd unless separately paid for and actual transfer. Additional costs
imposed by the domain name registry will also be applied. The domain
name will not be released until such fees are paid in full.
Cancellation by customer is deemed to be effective immediately upon
termination of payment agreement initiated by customer at any point
in time within the 12 month period regardless of term to run
10. ADDITIONAL TERMS AND CONDITIONS
Customer hereby acknowledges that it has received and
reviewed a copy of UKBIS Ltd' "Usage Policy" provided herewith
and that the terms of the Usage Policy are incorporated herein
by reference. UKBIS Ltd reserves the right to amend this Service
Agreement and the Usage Policy from time to time and Customer shall
be bound by any such amendments. Customer shall have the
obligation to periodically visit UKBIS Ltd' Web site to review
its Usage Policy and to make certain Customer is in full compliance
therewith. In the event of any inconsistencies between this
Agreement and the Usage Policy, the terms of the Usage Policy
shall govern.
11. NOTICE
All notices must be sent either in writing or by email, except as
otherwise expressly provided herein that a notice must be in
writing. All notices to UKBIS Ltd shall be delivered to its address
stated above or its email address as provided. All notices to
the Customer shall be delivered to its mailing address or its
email address as provided on the Order. The parties may change
their respective address by notice delivered to the other
party. All notices delivered in writing must be sent either by
overnight courier or certified mail, return receipt requested.
Evidence of successful transmission of all notices delivered
by email must be retained by the delivering party and a follow
up telephone call must be made to validate sending and receipt of
email.
12. MISCELLANEOUS
This Agreement sets forth the entire agreement between
UKBIS Ltd and Customer with respect to the subject matter
hereof and supersedes all previous representations,
understandings or agreements and shall prevail notwithstanding
any variance with terms and conditions of any other prior
writing between the parties. If any provision of this
Agreement is held to be invalid by a court of competent
jurisdiction, then the remaining provisions shall nevertheless
continue in full force and effect. Customer may not transfer
or assign this Agreement without UKBIS Ltd' prior written
consent. This Agreement shall be governed by the laws of
England and all claims concerning this Agreement shall be
brought exclusively in English courts located in England. The
parties hereby consent to submit to the jurisdiction of such
courts and waive any personal jurisdiction or venue defences
concerning said forum. The Customer is deemed to have agreed to this
Agreement, when commencing use of any of UKBIS Ltd's services.
13. USAGE POLICY
The UKBIS Ltd Usage Policy has been developed with the
following objectives: Ensure security, reliability and
privacy of UKBIS Ltd' systems and network, and the networks
and systems of others. Maintain the image and reputation of UKBIS
Ltd as a responsible provider. Preserve the value of
Internet resources as a conduit for free expression. Encourage
the responsible use of net resources and discourage practices
which degrade the usability of network resources and thus the
value of Internet services. Avoid situations that may cause
UKBIS Ltd to incur civil liability. Preserve the privacy and
security of individual users We expect our Customers to
use the Internet with courtesy and responsibility and to be
familiar with and to practice good Internet etiquette. By
adhering to the following policies, our Customers are
protecting the rights and privileges of all Internet users.
VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY
PROHIBITED AND WILL RESULT IN IMMEDIATE TERMINATION OF ALL
ACCOUNTS.
General Conduct
1. Customers are prohibited from transmitting on or through
any of UKBIS Ltd' services, any material that is, in UKBIS Ltd' sole
discretion, unlawful, threatening, abusive, libelous, or
encourages conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any local,
state, national or international law, statute or regulation.
2. UKBIS Ltd' services may only be used for lawful
purposes. Transmission, distribution, or storage of any
information, data or material in violation of UK regulation or
law is prohibited. This includes, but is not limited to, material
protected by copyright, trademark, trade secret, or any other
statute. UKBIS Ltd reserves the right to remove such illegal
material from its servers.
3. Customers may not engage in tortious conduct including,
but not limited to, posting of defamatory, scandalous, or
private information about a person without their consent,
intentionally inflicting emotional distress, or making
physical threats against another person via email, news, or
any other electronic media/service we provide.
4. The Customer is responsible for providing and
maintaining accurate and up-to-date billing information.
Furnishing false data on the signup form, contract, or online
application, including fraudulent use of credit card numbers,
is grounds for immediate termination, and may subject the
offender to civil or criminal liability.
System and Network Usage Security
1. Customers may not attempt to circumvent user
authentication or security of any host, network, or account
("cracking"). This includes, but is not limited to, accessing
data not intended for the Customer, logging into a server or
account the Customer is not expressly authorized to
access, or probing the security of other networks.
2. Customers may not attempt to interfere with service to any
user, host, or network ("denial of service attacks"). This
includes, but is not limited to, "flooding" of networks,
deliberate attempts to overload a service, and attempts
to "crash" a host.
3. Customers may not use any kind of
program/script/command, or send messages of any kind, designed
to interfere with a user's terminal session, via any means,
locally or by the Internet.
4. Customers must safeguard their account passwords to
prevent unauthorized access to their account.
5. Users who violate systems or network security may incur
criminal or civil liability. UKBIS Ltd will cooperate fully with
investigations of violations of systems or network security at
other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal
violations.
Email
1. Harassment, whether through language, frequency, or size
of messages, is prohibited.
2. Customers may not send email to any person who does not
wish to receive it. If a recipient asks to stop receiving
email, the Customer must not send that person any further
email.
3. Customers are explicitly prohibited from sending
unsolicited bulk mail messages ("junk mail" or "spam"). This
includes, but is not limited to, bulk-mailing of commercial
advertising, informational announcements, and political
tracts. Such material may only be sent to those who have
explicitly requested it.
4. Customers may not forward or otherwise propagate chain
letters, whether or not the recipient wishes to receive such
mailings.
5. Malicious email, including but not limited to "mailbombing"
(flooding a user or site with very large or numerous pieces of
email) and "trolling" (posting outrageous messages to generate
numerous responses) is prohibited.
6. Forging of header or any other information is not
permitted.
7. Subscribing someone else to a mail list or removing
someone else from a mail list without that person's permission
is prohibited.
8. UKBIS Ltd accounts or services may not be used to
collect replies to messages sent from another Internet Service
Provider, where those messages violate this Usage Policy or
the usage policy of that other provider.
9. UK Business & Investment Services Ltd reserves the right
to contact its clients with the sole purpose of providing
information deemed useful to its clients. It is our policy not to
distribute email addresses to third parties.
10. These rules apply to other types of Internet-based
distribution mediums as well. USENET postings have their own
regulations; see below.
USENET (News)
1. UKBIS Ltd is not responsible for the content of any
USENET posting, whether or not the posting was made by a UKBIS
Ltd Customer.
2. Postings to USENET newsgroups must comply with the
written charters or FAQs for those newsgroups. Advertisements
should only be posted in those newsgroups whose charters/FAQs
explicitly permit them. The poster is responsible for
determining the etiquette of a given newsgroup, prior to
posting to it.
3. Customers are prohibited from posting the same or
similar message to large numbers of newsgroups (excessive
cross-posting or multiple-posting, also known as "USENET
spam").
4. Customers are prohibited from posting binary files to
newsgroups not specifically named for that purpose.
5. Customers are prohibited from cancelling or superseding posts
other than their own, with the exception of official newsgroup
moderators performing their duties.
6. Customers are prohibited from forging header
information. This includes attempting to circumvent the
approval process for posting to a moderated newsgroup.
7. A customer may not solicit mail for any other address,
other than that of the Customer's UKBIS Ltd account or service, with
the intent to harass or collect replies after UKBIS Ltd'
service has been terminated.
IRC (Internet Relay Chat)
1. UKBIS Ltd is not liable for the content of any
communications made on IRC.
2. IRC robots ("bots" or "clones") or IRC sessions may not
be run from UKBIS Ltd' shared server accounts.
3. Customers may not attempt to impersonate others or use
IRC anonymously by disguising their hostname or username.
4. Customers are prohibited from using IRC scripts or
programs that interfere with or deny service to other users on
any server or host. Customers are also prohibited from
engaging in activities which harass other users. This
includes, but is not limited to, "flooding" (rapidly entering
text with the intent to fill the screens of others),
"flashing" (disrupting terminal emulation), "takeovers"
(forcibly seizing operator privileges), attempting to send
private messages to those who do not wish to see them (via
"ignore"), attempting to return to a channel after being
banned from it, and other disruptive behaviors.
General Uses
1. Customers may not permit the use of mail services, mail
forwarding capabilities, POP accounts, or autoresponders other
than for the Customer's own account.
2. Customers may not employ posts or programs that consume
excessive CPU time or storage space. UKBIS Ltd reserves the right to
kill off CPTU intensive process.
Material and Product Requirements
1. Customers must ensure that all material and data placed
on UKBIS Ltd' equipment is in a condition that is
"server-ready," which is in a form requiring no additional
manipulation on UKBIS Ltd' part. We shall make no effort to validate
this information for content, correctness or usability. In the
event that the Customer's material is not "server-ready", we
have the option at any time to reject this material. UKBIS Ltd
will notify the Customer immediately of its refusal of the material
and afford the Customer the opportunity to amend or modify the
material to satisfy the needs and/or requirements of UKBIS
Ltd.
2. Use of UKBIS Ltd' service requires a certain level of
knowledge in the use of Internet languages, protocols, and
software. This level of knowledge varies depending on the
anticipated use and desired content of the Customer's Web
space. Customers must have the necessary knowledge to create
and maintain a Web space if they wish to opt for the hosting
only solutions. It is not the responsibility of UKBIS Ltd to provide
this knowledge or customer support outside of the service
defined in the Service Agreement.
Privacy
1. UKBIS Ltd will not sell or knowingly disclose its
customer lists or customer email or listserv address lists. We
will attempt to protect the privacy of our Customers and their
information that is stored on our network. UKBIS Ltd will only
access and disclose information as necessary to comply with
applicable laws and government requests, to operate and
maintain our systems and services, or to protect ourselves or
our Customers.
2. UKBIS Ltd will not monitor or disclose a Customer's
private email messages unless required by court order or law.
We will cooperate with the authorities and will notify such
authorities if it suspects that a Customer is engaged in
illegal activities. THE USAGE POLICY DEFINES THE ACTIONS
WHICH UKBIS Ltd CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY
PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE
NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO UKBIS
Ltd' CUSTOMERS. If you are unsure whether any
contemplated use or activity is prohibited, please use our online
forms and we will assist you. Please note that the activities set
forth above are also not permitted from other Internet Service
Providers on behalf of, or to advertise, any service hosted by
UKBIS Ltd, or connected via our network. Furthermore, such services
may not be advertised via deceptive marketing policies.
UKBIS Ltd must further limit any exceptions made to the
Usage Policy as secondary in regards to server and network
security, performance and integrity. Any user, regardless of
exception status, may have his or her service disabled if it
is interfering with our servers or network. Specific
questions about this policy should be filled out on our online
forms. Reports of activity in violation of this policy may be sent
via registered post to our head office.
3. TRADEMARK ABUSE
Before you sign up for any domain name with us, you must
explicitly assert that to your knowledge you are not abusing any
trademark or other statutes. If in doubt seek legal advice.
4. DISPUTE RESOLUTION UKBIS Ltd is not part of a dispute
between a trademark owner and a Registrant. We cannot arbitrate
between two disputing parties. Procedures for disputes are already
in place, please see the webpages of the following organisations.
Network Solution Dispute Resolution (.com .net .org) Nominet Dispute
Resolution UK - Patent Office If you have any further
enquiries please contact us. All content of this
site is copyright of UK Business & Investment Services Ltd unless
otherwise stated
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