Ready2Web Limited Standard Terms and Conditions of Business IMPORTANT - PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE AND/OR PURCHASING SERVICES FROM READY2WEB The terms and conditions set out below (the "Conditions") apply to the website owned, operated and controlled by Ready2Web Limited (company number 04752683) whose registered office is at 87 Gassiot Road, London, SW17 8LB) ("Ready2Web") at http://www.ready2web.com (the "Website") (as accessed via that or any other address) and to all services provided by Ready2Web. Using the Website and/or ordering any services from Ready2Web you are deemed to have read and agreed to these Conditions. The Services provided by Ready2Web are available only in the UK. By accepting these Conditions you warrant and represent that you are a UK registered national. Ready2Web may, at any time, change, modify, add to or remove part or all of these Conditions. You should therefore check these Conditions periodically to see if they have changed. Your continued use of the Website and/or services provided by Ready2Web will be deemed to constitute acceptance you of any such changes. If you are a consumer, the terms set out within these Conditions do not affect your statutory rights. A. CONDITIONS RELATING TO YOUR USE OF THE WEBSITE Ready2Web* endeavours to ensure that the information on the Website is correct and fairly stated, but here excludes liability for any error or omission. The Website is not part of a contract or licence save insofar as may be expressly agreed by Ready2Web. No contract will subsist between you and Ready2Web for the sale by it to you of any product unless and until Ready2Web accepts your order by e-mail confirming that it has set up your product/service after receipt of payment in full. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Ready2Web sends the e-mail to you (whether or not you receive that e-mail). For the avoidance of doubt, any such contract will be deemed to have been concluded in England. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England and you and Ready2Web irrevocably submit to the non-exclusive jurisdiction of the English Courts. All designs, text, graphics and the compilation (meaning the collection, arrangement and assembly) of all content on the Website are the copyright of Ready2Web and its licensors unless indicated otherwise. You may electronically copy or print portions of the Website for your own personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on the Website is strictly prohibited. No links to the Website may be included in any other web site without express written authorisation from Ready2Web. Any link (be it a hypertext link or other referral device) used on the Website is provided solely for the use and convenience of the visitor. The link does not represent any endorsement or recommendation by Ready2Web and does not mean that Ready2Web has any association with the linked site. Ready2Web is not responsible for the content of any websites that have links with the Website or for the legal consequences of your entering into any contracts with the third parties that have these linked web sites. Ready2Web does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred you as a result. Ready2Web will use your information, together with other information, including any which you provide to Ready2Web, for administration, marketing and customer services. Ready2Web may disclose your information to its service providers and agents for these purposes. You may, from time to time, when you are using the Website, be asked to provide or be provided with a password to enable you to access certain services. You must, at all times keep your password private and confidential and you may not permit third parties to use your password. Ready2Web may share your information with its business partners. These business partners or Ready2Web may contact you mail, telephone, email, SMS or fax to let you know about any goods, services or promotions of the business partners and/or Ready2Web. Further details of Ready2Web's use of your information are set out in the Ready2Web Privacy Policy in Section D of these Conditions. Ready2Web will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including, without limitation, any financial losses such as loss of profit) which you may incur as a result of any event beyond Ready2Web's reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the site for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium). Nothing within these Conditions operates so as to exclude, limit or restrict Ready2Web's liability for death or personal injury. These disclaimers, exclusions and conditions shall be governed and construed in accordance with the law of England and Wales. If any provision shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. *Ready2Web is the trading name for Ready2Web Ltd. For the purpose of these terms and conditions of Web site use, "Ready2Web" means Ready2Web Limited only. For the avoidance of doubt, no contracts are formed between consumers and Ready2Web Ltd. via transactions conducted on this Web site or otherwise. B. GENERAL CONDITIONS RELATING TO THE PROVISION OF SERVICES 1 Definitions In the following Conditions unless the context otherwise requires the following terms shall have the following meanings: "Bandwidth" the allocated transmission capacity, measured in bits per second, as specified in the relevant Contract; "Bandwidth Provision" the provision of Bandwidth Ready2Web; "Bankruptcy or Insolvency Proceedings" bankruptcy proceedings, sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed; "Contract" the contract for the provision of Services between Ready2Web and you incorporating these Conditions, the Ready2Web Order Form (where completed and accepted Ready2Web) and (where applicable) the Price List or as set out in the applicable Separate Contract; "Domain Name Registration" the submission of applications for registration of domain names to the relevant naming authority; "Email Provision" the Ready2Web secondary email service provided by Ready2Web as detailed on the Website from time to time; "Fee" the fees (including any applicable VAT) due for the provision of the Services as set out in the Price List or, in the absence of provision in the Price List, the fees for the provision of the Services agreed between you and Ready2Web as detailed in the applicable Order Form accepted Ready2Web in writing; "General Conditions" the general conditions relating to the provision of services set out in Section B of these Conditions; "Hosting" the provision of hosting services Ready2Web; "Hosted Service" a service that is hosted Ready2Web under its Hosting Service; "Intellectual Property Rights" any and all intellectual property rights and similar rights including, without limitation, patents, trade marks or trade names, service marks, brand names, registered designs, design rights, rights in databases, Know-How, copyrights whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world together with all or any goodwill relating or attached thereto and all extensions and renewals thereto; "Know-How" any and all know-how, confidential information, experience, drawings, designs, source code, programmes, notes, flowcharts, other technical information including the benefit of obligations of confidentiality in relation thereto howsoever arising; "Minimum Contract Term" any minimum contract term applicable in respect of the provision of Services as specified in the relevant Contract; "Order Form" the Ready2Web on line order form; "Price List" Ready2Web's published charges for the provision of the Services from time to time; "Separate Contract" any separate contract for the provision of Services entered into you and Ready2Web; "Services" the Ready2Web Service, the Domain Name Registration Service, Hosting, Bandwidth Provision, Email Provision and any other service or facility provided to you Ready2Web as detailed on the relevant Order Form and/or as accessed or used you via the Website; "Site" the premises or location at which a Service is or is to be provided "Specific Conditions" the specific conditions relating to the provision of specific categories of services set out in Section C of these Conditions; 2 Basis of Provision of Services 2.1 Save as provided in clauses 2.2 and 2.3 these General Conditions apply to each and any provision of Services to you Ready2Web to the exclusion of all other conditions, agreements, understandings or arrangements not set out in the applicable Contract. 2.2 The applicable Specific Conditions are also included in each Contract for the provision of Services. 2.3 Certain Services are provided by Ready2Web on the terms of Separate Contracts. If you enter into a Separate Contract with Ready2Web in relation to the provision of any Services the terms of that Separate Contract shall take priority over these Conditions. 3 Fees and Payment 3.1 In consideration of the payment of the appropriate Fees, Ready2Web will provide the Services. The appropriate Fees for the provision of Services are such Fees as are expressly agreed in writing you and Ready2Web in respect of the Services or, in default of such agreement, such Fees as are calculated in accordance with the Price List in force at the time you submit a completed Order Form for the provision of the Services to Ready2Web. 3.2 All Fees must be paid in full without set off or deduction in UK pounds sterling either: 3.2.1 debit or credit card when you make your order, or 3.2.2 payment of Ready2Web's invoice debit or credit card or cheque within 14 days of invoice date. You can find details of the credit and debit cards that are accepted Ready2Web following the "order" link on the Website. Please note that if you make payment cheque and your bank returns the cheque to Ready2Web unpaid, you may be liable for an administrative fee of £25. Ready2Web may also make an administrative charge for refunding credit card transactions. 3.3 Fees are quoted Ready2Web (whether in the Price List or otherwise) exclusive of Value Added Tax. If Value Added Tax is applicable, you must pay it in addition to the quoted Fee at the rate prescribed law. 3.4 Ready2Web reserves the right to increase the Fees for Services in respect of which it has entered into a Contract with you upon 14 days prior written notice to you. 3.5 Without prejudice to Ready2Web's other rights and remedies under these Conditions and/or at law, if any sum payable is not paid on or before the due date, Ready2Web shall be entitled forthwith to: 3.5.1 withhold or, where provision of the Services has commenced, suspend the provision of Services to you; and/or 3.5.2 charge interest (both before and after judgment) at a rate of 4% over the base rate from time to time of Barclays Bank Plc on the overdue sum; and/or 3.5.3 charge you an administration fee in respect of time spent and costs incurred Ready2Web in taking steps to recover payment of the due sums. Ready2Web also reserves the right in respect of Hosting and domain name registration renewals to charge you a £25 reconnection charge if such services are suspended under this clause 3.5. 3.6 we reserve the right to attempt to recover monies for outstanding invoices by contacting the admin email address or owner email address for the account, or by any other contact details we have been provided pertaining to that account. 4 Warranties 4.1 Ready2Web warrants that it will provide the Services with reasonable care and skill. 4.2 All conditions, terms, warranties and representations, whether imposed statute, operation of law or otherwise, that are not expressly stated in these Conditions are here excluded to the fullest extent permitted law. 5 Intellectual Property Ownership All Intellectual Property Rights in and to the Services provided by Ready2Web are, as between you and Ready2Web, the property of and shall vest in and be the property of Ready2Web. 6 Use of the Services 6.1 You represent, undertake and warrant to Ready2Web that you will use Services provided by Ready2Web only for lawful purposes. In particular, you represent, warrant and undertake that: 6.1.1 you will not use the Services in any manner which infringes any law or regulation or which infringes the rights of or, causes annoyance, inconvenience or needless anxiety to any third party, nor will you authorise or permit any other person to do so; 6.1.2 you will not use the Services to post, link to or transmit: (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way; (b) any material containing a virus or other hostile computer program; and/or (c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any intellectual property right; 6.1.3 you will keep secure any identification, password and other confidential information relating to the Services and shall notify Ready2Web immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information; 6.1.4 you will observe the procedures which Ready2Web may from time to time prescribe and shall make no use of the Services which is detrimental to Ready2Web's other customers; 6.1.5 you will procure that the Services are used in accordance with all applicable legislation (including data protection legislation) and in a secure manner; 6.1.6 (if you are an individual), you are at least 18 years of age; and 6.1.7 (if you are a company), the Services will not be used anyone under the age of 18 years. 6.2 Whilst Ready2Web will use reasonable endeavours to ensure the integrity and security of the Services, Ready2Web does not guarantee that the Services will be error or interruption free or free from unauthorised users or hackers. 6.3 Ready2Web may from time to time: 6.3.1 temporarily suspend part or all of the Services without notice for the purposes of repair, maintenance or improvement. Ready2Web undertakes to use reasonable endeavours to restore the Services as soon as possible after any such suspension; 6.3.2 give instructions regarding the use of the Services which in Ready2Web's reasonable opinion are necessary in the interests of safety or to maintain or improve the quality of the Services provided by Ready2Web and any such instructions shall, whilst they are in force, be deemed to form part of the Contract between You and Ready2Web; and/or 6.3.3 vary the technical specification of the Services for operational needs. 7 Termination 7.1 Ready2Web may terminate its Contract with you at any time, immediately upon written notice if you: 7.1.1 breach any term of the Contract; or 7.1.2 are subject to Insolvency Proceedings. 7.2 Either you or Ready2Web may terminate your Contract at any time upon at least 30 days notice to the other expiring on the last day of the Minimum Contract Term (if any) or at any time thereafter. If no Minimum Contract Term is specified the notice to terminate shall take effect upon the last day of the notice period. In any event you must pay the Fees for all Services provided to you up to and including the date of termination. 7.3 Ready2Web reserves the right to terminate any Contract at any time (notwithstanding any Minimum Contract Term) giving to you not less than 30 days prior written notice of termination. If Ready2Web terminates your Contract under this clause 7.3 it will refund any Fees that you have paid in advance for Services that, as a result of Ready2Web's termination of the Contract, you will not receive. 7.4 Termination and/or expiry of your Contract is without prejudice to any rights and/or liabilities accrued as at the date of expiration or termination. 7.5 On termination or suspension of Services under the Contract Ready2Web shall be entitled to immediately block any website provided to You or hosted for You by Ready2Web as part of the Services and to remove all data located on it. Ready2Web shall be entitled to delete all such data but Ready2Web may, at its discretion, hold such data for such period as Ready2Web may decide, to allow you to collect it at your expense, subject to payment in full of any amount outstanding under Contract and payable to Ready2Web. Ready2Web shall further be entitled to post such notice in respect of the non-availability of such website as Ready2Web thinks fit. 8 Notices Any notice to be given you or Ready2Web to the other may be sent either email, fax or recorded delivery to the address of the other party as appearing in the relevant Contract (or, in the case of Ready2Web, as appearing on the Website) or such other address as either party may from time to time have communicated to the other in writing. If sent email a notice shall, unless the contrary is proved, be deemed to be received on the day it was sent or, if sent fax, shall be deemed to be served on receipt of an error free transmission report or, if sent recorded delivery, shall be deemed to be served two days following the date of posting. 9 Matters Beyond Ready2Web's Reasonable Control Ready2Web is not liable for any breach of Contract or any delay or failure in its performance of any of its obligations under a Contract when caused as a result of any matter beyond its reasonable control including, but not limited to, war, civil disorder, industrial disputes, adverse or extreme weather, acts of local or central government or other competent authorities or failure other service providers. 10 Liability 10.1 Ready2Web shall not in any way be liable for any loss of profits, anticipated savings, goodwill or business opportunity, for the loss, corruption or destruction of data, for injury to reputation or third party losses or for indirect, consequential or special loss or damage regardless of form of action, whether in tort (including negligence) contract, strict liability or otherwise and regardless of whether Ready2Web knew or had reason to know of the possibility of the loss, injury or damage in question. 10.2 Nothing in these Conditions shall operate so as to exclude Ready2Web's liability for death or personal injury resulting from its negligence or for fraudulent misrepresentation. 10.3 Ready2Web's total aggregate liability under any Contract for any claim arising out of or in connection with the provision of the Services shall be limited to the Fees paid you in respect of the Services which are the subject of any such claim. 10.4 In any event no claim shall be brought against Ready2Web unless you notify Ready2Web of the claim within two years of it arising. 11 Indemnity You shall indemnify and hold Ready2Web harmless from and against any breach you of these Conditions and/or the terms of any Contract and any claim brought against Ready2Web a third party resulting from the provision of Services to you and your use of the Services other than in accordance with the terms of these Conditions and the applicable Contract. 12 Waiver The failure or delay of Ready2Web to enforce or exercise, at any time or for any period of time, any term of or any right, power or privilege arising pursuant to the Contract does not constitute and shall not be construed as a waiver of such term or right and shall in no way affect Ready2Web's right later to enforce or exercise it. No single or partial exercise of any remedy, right, power or privilege preclude any further exercise of the same or the exercise of any other remedy, right, power or privilege. 13 Validity The invalidity or unenforceability of any term of or any right arising pursuant to this Agreement shall not in any way affect the remaining terms or rights which shall be construed as if such invalid or unenforceable term or right did not exist. 14 Third Party Rights Nothing in this Agreement shall be construed so as to confer any benefit or impose any obligation upon any person who is not a party to it whether under the Contracts (Right of Third Parties) Act 1999 or otherwise. 15 Headings The headings in these Conditions are for ease of reference only and shall not affect the interpretation of the Conditions. 16 Language All documentation and correspondence in connection with this Agreement shall be in the English language. 17 Law and Jurisdiction The construction, validity and performance of these Conditions and each and every Contract is governed the law of England and Wales and the parties accept the exclusive jurisdiction of the courts of England and Wales. C. SPECIFIC CONDITIONS 18 Specific Conditions applicable to Domain Name Registration 18.1 You acknowledge that despite Ready2Web's acceptance of any order for a domain name Ready2Web does not warrant or represent that the domain name you wish to register is or will continue to be available for use and registration and (save as provided in clause 4.1) accepts no liability in respect of the registration or failed registration of your domain name or your use thereof. 18.2 The registration and use of your domain name is subject to the terms and conditions of use applied the relevant naming authority including (but not limited to) those relating to renewal of registrations (see below). You must ensure that you are aware of those terms and conditions and that you comply with them. The full terms and conditions of our domain name registrar can be found at: http://www.totalregistrations.com/about_us/terms.html 18.3 Ready2Web does not monitor and accepts no liability in relation to the renewal of the registration of your chosen domain name. It is your responsibility to arrange for the renewal of the registration of your domain name with the relevant naming authority as and when required. If you do not make such arrangements the registration of your domain name will lapse. 19 Specific Conditions applicable to Hosting 19.1 Ready2Web makes no representation, gives no warranty as to and accepts no liability in relation to your use of the Hosting Service, the accuracy or quality of information received any person via the Hosting Service and/or any loss of or damage to any data stored or transferred via the Hosting Service. 19.2 Any access to other networks connected to the Hosted Service must comply with the rules appropriate for those other networks. This specifically, but not exclusively, includes NSFNET, GLOBIX, INSNET, XO, CLARA, GSX Networks, (A-Q) Networks Limited, RIPE and Redbus Interhouse (UK) Limited. 19.3 Save as provided below the maximum amount of data transfer allowed through the Hosted Service (without incurring an excess charge) will be 33 megabytes per calendar month. The maximum Bandwidth of any Hosted Service shall not exceed 64kbps at any time without prior written approval of Ready2Web. Excess data transfer may be permitted at the discretion of Ready2Web, charged at £0.05 per megabyte over the monthly quota payable upon receipt of an Ready2Web invoice. Ready2Web may restrict transfer rate and aggregate transfer to and from its servers and clients servers as required to maintain the quality of the service. Ready2Web may restrict transfer at its discretion for no reason at all. Mail relaying may not exceed 5 Megabytes per message. Anonymous file transfers or web downloadable files may not exceed 20 Megabytes without prior arrangement and approval of Ready2Web limited. 19.4 If, as part of the Hosted Service, webspace is provided free of charge, the total (all protocols) data transfer shall not exceed 33 megabytes per calendar month. Any excess will be entirely at Ready2Web's discretion and will be charged at £0.05 per megabyte over the monthly quota payable upon receipt of an Ready2Web invoice. 20 Specific Conditions applicable to Email Provision 20.1 Ready2Web makes no representation, gives no warranty as to and accepts no liability in relation to your use of the Email Provision, the accuracy or quality of information received by any person via the Email Provision and/or any loss of or damage to any data stored or transferred via the Email Provision. 21 Ready2Web reserve the right to place the Ready2Web logo (as a link to their own website) upon all its customers' websites. D. PRIVACY POLICY When you use the Website you may be asked to provide Ready2Web with personal information such as your name, address, phone number, email address and credit/debit card details. Ready2Web is committed to protecting your privacy and this privacy policy governs how Ready2Web will use such information. Ready2Web may use technology to track the patterns of behaviour of visitors to the Ready2Web website, such as "cookies" which would be stored on your browser. Cookies can store information about your preferences on a particular site and can provide useful features. These cookies have a finite lifetime and do not store or pass any credit card information to your browser. If you prefer you can set your browser to refuse cookies. Please refer to your browser instructions to learn more about these functions. This privacy policy does not cover third party websites that you can link to through the Website. We accept no liability for these sites. If you have any complaints, questions or comments about this privacy policy or Ready2Web's use of your personal information, you can contact Ready2Web at Ready2Web Limited, PO Box 1260, Kingston upon Thames, KT2 6XW or email us at mail@ready2web.com. |