|
|
|
|
|
|
|
|
|
|
|
|
Biznic Terms and Conditions The following terms of business, Disclaimer, and Limitation of Liability ("Agreement") apply to all services provided by Biznic Limited ("Biznic") to you. By purchasing services from Biznic you agree to these terms of business. 1 DEFINITIONS "Biznic" means Biznic Limited of Garden House, Lumley Thicks, Chester-le-Street,
Durham, DH3 4HF United Kingdom. 2 APPLICATION OF TERMS 2.3 Biznic may alter these Terms at any time without notification to You provided the current Terms are always available on Biznic's website, and Your sole remedy in the event that You do no agree to such amendments shall be to serve 3 months written notice of termination within 10-business days of being notified of the amendment, without any right to damages. However, no change to these Terms, or a subsequent version of these Terms as may be posted on the Biznic website from time to time, or any other part of the Agreement, shall be binding unless made with the prior written consent of a director of Biznic. Unless Biznic notifies You to the contrary, no agent of, or person employed by or under contract with Biznic, has any authority to alter or vary these Terms or the Agreement in any way. 2.4 You confirm that, in agreeing to these Terms, You have not relied on any representation save insofar as the same has expressly in these Terms been made a representation and You agree that You shall have no remedy in respect of any misrepresentation (other than a fraudulent misrepresentation) which has not become a term of this Agreement. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. 3 SERVICES 3.2 You warrant to Biznic that You will only use Your assigned Web Site for lawful purposes, and accept sole responsibility for all content that is published on the Hosting Computer. In particular, You further warrant and undertake to Biznic that: 3.2.1 You will not, nor will You authorise or permit any other party to, use the Hosting Computer in violation of any law or regulation; 3.2.2 You will not knowingly or recklessly post, link to or transmit: 3.3.2 With regards to data traffic on Biznic's Host Computer, a Fair Use policy will apply. If the contents of Your website regularly generates more Hosting Computer traffic than is deemed acceptable by Biznic, being to the detriment of other Biznic customers, Biznic shall issue a warning by email to You in which Biznic requests that You remove the contents or upgrade to a more suitable package. Overloading may be caused by abnormally high traffic on Your web pages or by powerful software solutions, which You have installed on the web site. The warning will also contain the terms and conditions for the appropriate solution, which is capable of handling Your prevailing level of traffic. If You do no comply with this warning within 10-business days, Biznic reserves the right to close down Your website. 3.4 Biznic can routinely carry out searches in Your database for information that is unlawful or in some other way conflict with our commercial profile as a family-friendly corporate entity. Biznic shall implement adequate internal procedures so as to ensure that information of this nature is kept confidential and is only being accessed by Biznic personnel.3.5 In the event that Biznic has reason to believe that You are publishing or distributing illegal contents or in some other ways contributing to illegal activity using Biznic's Hosting Computers, Biznic can access and copy Your stored information. Biznic shall delete the copied contents as soon as suspicion has been refuted, or when the need for a copy can no longer be justified. Under no circumstances will Biznic grant access to the contents retrieved to other parties, unless You have given consent or an order for compulsory disclosure is served on Biznic by governing authorities. 3.6 Biznic may suspend the Service immediately in its sole discretion if it receives any complaint that material on the Hosting Computer may be unlawful, harmful or defamatory or if it believes its standards or acceptable use policy have been breached 3.7 You are responsible for obtaining any licenses or permissions from public authorities that are required due to the contents uploaded by, or the web activity undertaken by You. 3.8 Biznic may disclose Your name and address to a complaining individual or naming authority if in its reasonable discretion, it is necessary or appropriate to do so. 3.9 You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. Biznic will take all reasonable steps to ensure accurate and prompt routing of messages but it will not accept any liability for non-receipt or misrouting or any other failure of email. 3.10 You warrant, undertake and agree that: 3.10.1 all transactions within any online store system operated by You will be contracts for the
sale of goods between You as the merchant and Your end-user customer and You
agree that Biznic may include an exclusion of its liability in respect of such purchases
and transactions in such form as it deems appropriate; 3.11 While Biznic will use reasonable endeavours to ensure the integrity and security of the Hosting Computer, it does not guarantee that the Hosting Computer will be free from unauthorised users or hackers. 3.12 You will receive a password, which is used as a safety mechanism when logging into your Biznic WebSite Management and/or Hosting Computer. Biznic has the right to run software that verifies the user name and password. You have sole responsibility for any passwords that are allotted to You, and You shall keep all such passwords confidential and take all security measures to prevent any unauthorised person from gaining access to any password. 3.13 Biznic Web Site Hosting Services are provided on the basis of an initial term of twelve (12) months. Thereafter the Services will automatically continue until You terminate the Services giving 30 days notice in writing to Biznic. Any such termination or cancellation will be subject to the payment of any outstanding charges. 3.14 Biznic's Separate Service Level Agreements set out the hosting performance You can expect and Your right to credits in the event of non-performance of Your Biznic Hosting Computer. 3.15 Biznic retains the exclusive ownership and proprietary rights to all equipment to which You are granted access under this agreement, unless this agreement relates to co-located Hosting Computers supplied by You in which case the Hosting Computer box itself remains the property of You and all network and ancillary equipment remains the property of Biznic. 4 ORDERS 4.1 Each Order for Services by You shall be deemed to be an offer by You to buy the Services from Biznic subject to these Terms. No Order shall be deemed to be accepted by Biznic until Biznic issues a written acknowledgement or (if earlier) the Services are provided. 4.2 Biznic shall be under no obligation to deliver any Services in addition to those identified in the Order without the prior written consent of a duly authorised representative of Biznic. 4.3 You shall provide to Biznic, at Your cost, any information, resources or facilities reasonably requested by Biznic for the delivery of the Services and, where necessary, ensure that Your employees, contractors and other suppliers co-operate fully and promptly with Biznic. 4.4 Any instructions supplied by You to Biznic in relation to the Services must be complete, accurate and clearly legible. Biznic reserves the right to make a charge for any costs and any additional work incurred by Biznic from any failure by You to comply with this provision and shall not be liable for any errors caused by such failure. 4.5 You acknowledge and agree that the Services commence upon the sending of Biznic's notice of confirmation and that there is no right to cancel this Agreement under the Council Directive 97/7/EC on the protection of consumers in respect of distance contracts or associated local laws. 5 PAYMENT 5.1 Biznic will take payment under its direct debit or alternative arrangements annually in advance unless otherwise agreed. The first payment will cover the set-up and twelve (12) months' hosting for shared hosting, the set-up. 5.2 Without prejudice to Biznic's other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, Biznic reserves the right, forthwith and at its sole discretion, to suspend the provision of Services to You. 5.3 Subject to an increase in third party costs such as Local Administration Costs, the Fee for the Services shall be in accordance with the relevant scale of charges and rates published from time to time on www.biznicuk.com. Biznic reserves the right to alter the Fees payable for Services at any time and any new Order for Services after such time shall be deemed to have been made in acceptance of such new Fees. 5.4 Unless otherwise expressly specified in the Order, and subject to clause 3.2, all quotations given by Biznic for Biznic's Fees are valid for a period of fourteen (14) days only from the date upon which they are given, after which time the quotation shall automatically expire. 5.5 The price of the Services is exclusive of VAT or its equivalent and all other tax or duty which, if applicable, shall be payable by You in addition at the appropriate rate. 5.6 Biznic reserves the right to demand payment on account in advance of providing any Services and unless otherwise specified in the Order may invoice in respect of work completed or to be carried out, before, during and after completion of such work as it sees fit. 5.7 You will provide Biznic with the details requested in this Agreement and the relevant subscription details, including details of Your preferred payment method and confirmation that Biznic may process Your details in order to renew Your Subscription. 5.8 Biznic will automatically renew Your Subscription for a further twelve (12) months unless You advise it otherwise with at least 30 days written notice for Biznic Web Site Hosting services. 5.9 Invoices are payable within thirty (30) days of the date of the invoice without deduction or set-off. Unpaid invoices shall attract interest at a rate of 3% above the base rate of Barclays Bank plc per annum without prior notice (such interest being payable both before and after any judgment may be obtained) and Biznic reserves the right to suspend the Services until payment is made. Time for payment is of the essence. 6 INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS 6.1 Biznic is the proprietor of the Biznic trade mark in the UK and other countries. All other trade marks, product names and company names or logos used in Biznic's site are Biznic property or that of their respective owners. No permission is given by Biznic in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and You acknowledge that such use may constitute an infringement of the holder's rights. 6.2 You are solely responsible for obtaining all intellectual property rights clearances and/or other consents and authorisations necessary in respect of the names, marks or other materials which are the object of the Services and You warrant that Biznic use of such Site Components shall not infringe any third party's intellectual property rights or be otherwise unlawful or illegal. 6.3 On becoming aware of any dispute between You and any other individual or organisation regarding the Site Components, Biznic reserves the right, at its sole discretion and without notice or liability to You, to cease any further use of such Site Components including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party. 6.4 Biznic provide information on its website, www.biznicuk.com and encourage you to print copies of the information for your personal use, store the files on your computer, and establish inks with this website from your own documents. However, there are legal limitations and restrictions that are imposed on all visitors to this and related sites. 6.5 Biznic does not warranty the accuracy, completeness or reliability of Services and other items contained on this Hosting Computer or any other Hosting Computer. Therefore, you are not to rely on any Services and Materials provided in this site unless we expressly advise you in writing that you may do so. 6.6 The Services are provided by Biznic on an as is basis, and Biznic expressly disclaims any and all warranties, expressed or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any services or materials. In no event shall Biznic be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the services and materials. 7 LIABILITY 7.1 Whilst Biznic shall use reasonable skill and care in the delivery of the Services You acknowledge that the delivery of the Services: 7.1.1 is subject to the inherent technical and operational limitations of the Internet, including,
but not limited to, the lack of security and unreliability of its communications, the
evolving nature of its organisational, legal and regulatory framework, and the potential
inaccuracy and variable standards of its relevant data repositories, such as national
domain name registries, and is therefore made without guarantee as to accuracy or
completeness for which Biznic shall have no liability to You or any third party; 7.2 Biznic shall use reasonable endeavours to provide continuing availability of the Hosting Computer and the Services but shall not, in any event, be liable for Service interruptions or down time of the Hosting Computer, except to the extent set out in a separate Service Level Agreement applicable to the Services You have ordered. 7.3 Biznic shall not be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure is due to circumstances beyond its reasonable control including, without limitation, any act or omission by You or providers of internet connectivity and other events of force majeure. Any time deadlines set out in the Order or otherwise agreed are estimates only. 7.4 All conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services, whether implied by law or otherwise, which are not expressly stated in this Agreement including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are excluded to the fullest extent possible by law. 7.5 Biznic's total aggregate liability to You for any claim in contract, tort, negligence or otherwise arising out of or in connection with this Agreement and the provision of the Services shall be limited to the price paid by You, in respect of the Services which are the subject of any such claim and provided that You notify Biznic of any such claim within one (1) year of it arising. In no event shall Biznic be liable to You for any loss of business, contracts, profits or anticipated savings, goodwill or for any other indirect or consequential or economic loss whatsoever. 7.6 Nothing in this Agreement shall limit or exclude Biznic's liability for death or personal injury resulting from Biznic's negligence or any other liability, the limitation or restriction of which is prohibited by law. 7.7 The Services are provided by Biznic for Your exclusive use. Biznic does not accept any liability or obligation towards any third party or generally towards any person and the Contract (Rights of Third Parties) Act 1999 shall not apply to the relationship between You and Biznic. 8 INDEMNITY 8.1 You agree to indemnify and keep indemnified and hold Biznic and its directors, officers, employees and agents and the registry operator for .com, .net and .org domain names (Network Solutions, Inc), on demand harmless from and against any claim brought against Biznic or Network Solutions Inc by a third party resulting from the provision of Services by Biznic to You and/or Your use of the Hosting Computer and/or any domain name registered, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by Biznic or Network Solutions Inc in consequence of Your breach or non-observance of these terms of business. 9 CONFIDENTIALITY AND PUBLICITY 9.1 Both You and Biznic undertake not to disclose to a third party any confidential information which You or Biznic receives relating to the contents or performance of this Agreement or the other's business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt other than through any unauthorised disclosure by any person. 9.2 Without prejudice to clause 9.1, Biznic shall be entitled to mention Your name as a client of Biznic and the name(s) of products in respect of which Biznic provides Services in publicity and promotional material on and off-line without Your prior consent unless You send notice in writing to Biznic (by email to hostmaster@biznicuk.com) requesting no publicity. Any request will only apply to publicity material to be prepared after such notice is given and Biznic will be under no obligation to cease using material printed or published prior to such notice. 10 TERMINATION & CANCELLATION Termination by Biznic 10.1 Biznic may terminate this Agreement forthwith if You fail to pay any sums due to Biznic as they fall due or if, in its reasonable opinion, You do not have sufficient technical expertise to use the Service without excessive ongoing technical support. 10.2 Biznic may terminate this Agreement upon written notice if You breach any of these Terms and You fail to correct the breach within thirty (30) days following written notice from Biznic specifying the breach, or if You are a company and You go into insolvent liquidation, or if You are a person and You are declared bankrupt. 10.3 You acknowledge and agree that Your domain name registration is subject to suspension,
cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to
Your domain name registration, including, but not limited to 10.4 On termination of the Agreement Biznic shall be entitled immediately to block Your Web Site and to remove all data located on it. Biznic will hold such data for a period of fourteen (14) days and allow You to collect it at Your expense, failing which Biznic shall be entitled to delete all such data. Biznic shall further be entitled to post a notice in respect of the non-availability of Your Web Site as Biznic thinks fit. 10.5 Biznic may close down this account forthwith without compensation to You and Your duty to pay shall be in force until the expiry date of the contract: 10.5.1 In the event that an encumbrance takes possession of, or an examiner or a receiver is
appointed over, any or Your property or assets; 10.6 Your right to cancel a pending order can be invoked if You are a consumer however orders placed by an organisation or company entity, as a general rule can not invoke the right to cancel. If You invoke the right to cancel in accordance with this Agreement or mandatory law, You must do so in writing within 14 days from the date of order and Biznic will accept return of performance. 10.7 Where your request for cancellation is made within 14 days of placing your order and in the event that your request of order cancellation has been accepted by Biznic, You may get payments previously made refunded. Biznic may, as a condition of such acknowledgement, or otherwise on early termination in accordance with clause 14, impose such reasonable charge for cancellation as it shall consider appropriate including a charge for any costs and for any work incurred by Biznic at the date cancellation is acknowledged. 10.8 In order for a Your request for cancellation to be considered for approval, it must be submitted in writing to the address at the front of this agreement or by email to hostmaster@biznicuk.com and be received within 14 days from the date of order, ensuring that Your request is postmarked or in some other way received by Biznic prior to the expiry of the said 14 days. 10.9 Requests to cancel after the initial 14 days after Your order has been placed can only be made by giving 30 days notice in writing to Biznic. Should You request the cancellation of your account with Biznic prior to the expiry of the relevant 12 month subscription period, Biznic may, as a condition of such acknowledgement, or otherwise on early valid termination of this Agreement, impose such reasonable charge for cancellation as it shall consider appropriate including a charge for any costs and for any work incurred by Biznic at the date cancellation is acknowledged. No monies previously received will be refunded as a result of cancellation under this clause. 10.10 No purported cancellation of any Order or part of an Order will be effective unless and until Biznic gives written acknowledgement of cancellation. 11 NOTICES 11.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two (2) days following the date of posting. 12 LAW 12.1 this Agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its promotion) shall be governed by and construed in accordance with English law. 12.2 each of the parties to this Agreement irrevocably agrees that the courts of the place of business of Biznic; England shall have exclusive jurisdiction to hear and decide any suit, action or proceedings and/or to settle any disputes which may arise out of or in connection with this Agreement and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of the place of business of Biznic; England. 13 MISCELLANEOUS 13.1 If any provision of this Agreement or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect. 13.2 Your rights and obligations under this Agreement are personal to You and You undertake that You shall not nor purport to: assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part. 13.3 Biznic reserves the right to sub-contract any of the work required to fulfil the Services and to assign this Agreement upon notice to You. 13.4 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority. 13.5 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same. 13.6 Clause headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement. 13.7 No person who is not a party to this Agreement shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
| ||
|
Copyright © 2006 Biznic Limited |