CTECK Limited THESE ARE THE TERMS AND CONDITIONS UNDER WHICH WE PROVIDE THE SERVICES.
PAYMENT AND SERVICES
1) In consideration for the payment of the Fees as calculated correctly in accordance with the
current Price List and terms of payment for instalment payments where applicable or prices on CTECK Limited's
Website at the time of the completion and submission of an Order Form by the Customer, CTECK Limited agrees to provide
the Services.
1.a) The Customer agrees to make payment for the Services as follows:-
1.b) By debit or credit card
payment at the time of making the order; or
1.c) by payment instalments either by standing order or by debit/credit card
or if specially agreed an invoice in Pounds Sterling within 14 days of the invoice date or beforehand.
1.d) If the
Customer fails to pay any outstanding amount(s) which is due and payable under this Agreement, CTECK Limited or its
authorised party shall be entitled to charge interest on a daily basis on the overdue amount and on outstanding interest
from the date of such failure until such payment(s) are made in full which shall include all legal costs and disbursements
in dealing with recovery of all outstanding amounts up to and including any judgment at an annual rate 4% above the base
rate at the time being in force of Barclays Bank plc.
1.e) Non-delivery or non-performance of services by any third
party which is out of CTECK Limited's control shall not give Customer any right to delay any payment or to make any
claim whatsoever against CTECK Limited or it's other affiliated companies unless of negligence on the part of
CTECK Limited.
1.f) If CTECK Limited does not receive payment or payments as agreed , we reserve the right to
terminate this Agreement as regards any Service requested by without further obligation to Customer after giving written
notice 7 days prior to termination.
1.g) For the purposes of this Agreement, time of payment is of the essence.
CUSTOMER AUTHORISATION AND OBLIGATIONS
2) The Customer hereby request and appoints
CTECK Limited to act on its behalf in conjunction with the provision of the Services requested on the order form. The
Customer agree to supply correct and accurate details of theirs physical address and email and domain name and if any
details alter to inform CTECK Limited promptly in writing within 7 days maximum of such occurrences.
INDEMNITY
3) The Customer hereby agrees fully to indemnify, keep indemnified and hold harmless
CTECK Limited, its officers, employees, agents, sub-contractors and affiliated companies from and against any and all
costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by
CTECK Limited or its any of its officers, employees, agents, sub-contractors or affiliated companies directly or
indirectly and in any jurisdiction as a result of:-
3.a) any breach by Customer of any of its obligations in this
Agreement otherwise howsoever arising out of the provision by CTECK Limited and/or any breach of any of the warranties
given by the Customer in this Agreement.
WARRANTIES AND LIABILITY
4) CTECK Limited will use it's best endeavours to provide an as near uninterrupted service as
possible however, no warranties or representations that any Service will supplied be uninterrupted or error-free. The
Customer accepts all Services provided hereunder "as is" without warranty of any kind.
4.a) Any terms express or implied
including conditions and warranties where specified or implied by statute, common law, custom or otherwise excluding those
relating to the exercise of reasonable care are hereby excluded in relation to each of the Services to be provided hereunder
to the fullest extent permitted by law and CTECK Limited shall not be liable for any services or products to be supplied
by any third party.
4.b) CTECK Limited shall not be liable for any loss or damage of whatsoever nature suffered by
the Customer arising out of or in connection with any breach of this Agreement by the Customer or any act,
misrepresentation, error or omission made by or on behalf of the Customer.
4.c) Subject to Clause 5.d below, no matter
how many claims irrespective of any loss real or preserved and on whatever basis of such claims, CTECK Limited maximum
aggregate liability to the Customer under this Agreement in respect of any such loss shall not exceed a sum equal to the
amounts already paid by the Customer plus 20% on top totally at the discretion of CTECK Limited.
4.d) The Customer
undertakes fully to virus-check all data supplied to CTECK Limited pursuant to this Agreement.
4.e) This does not
affect your statutory rights.
CANCELLATION
5) CTECK Limited may terminate this Agreement by notice in writing to Customer having
immediate effect if the Customer is in breach of any of its obligations under this Agreement in the case of a company
resolution or petition is passed for it's winding up or liquidation.
5.a) The Customer is an individual and a petition
for bankruptcy is presented or a receiver or liquidator (where Customer is a company) or (where Customer is an individual) a
trustee in bankruptcy is appointed over it or any of its assets or the Customer proposes or enters into any arrangement with
its creditors which includes any voluntary arrangement. In the event of any of these circumstances arise CTECK Limited
shall have the option to terminate this Agreement and all outstanding amounts will become immediately payable whether
invoiced or not and shall be entitled to retain any sums already paid by the Customer.
5.b) There will be no refund for
whatsoever reason for the cancellation of a hosting plan by the customer once the service has be activated. Activation means
you have received your login details which enables you to use the service.
CONFIDENTIALITY
6) Each of the parties agrees not to disclose any Confidential Information
received from the other party without their written consent or make any use of any such Confidential Information other than
for the purposes of performance of this Agreement and to use due diligence in protecting confidential information for being
distributed in the public domain.
6.a) Each party may disclose Confidential Information received from the other to its
responsible employees, consultants, sub-contractors or suppliers who need to receive the information in the course of
performance of this Agreement.
GENERAL
7) This Agreement and any other expressly incorporated or specified document
constitute the entire agreement between the Customer and CTECK Limited. Nothing in this agreement shall relieve either
party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any
negligent or innocent misrepresentation except to the extent if a court or arbitrator may allow reliance on the same as
being fair and reasonable.
7.a) No change, alteration or modification to this Agreement shall be valid unless given in
writing and signed by CTECK Limited or it's authorized affiliated company.
7.b) If any provision of this Agreement
or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in
full force and effect.
7.c) The rights and obligations of the Customer under this Agreement undertakes, not to assign,
lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part without the prior written
consent of CTECK Limited or it's authorized affiliated company. CTECK Limited reserves the right to sub-contract any
of the work required to fulfil its service obligations under this agreement.
7.d) Any notice which may be served under
this agreement may be served personally or sent by pre-paid registered letter or recorded delivery to the addresses given on
the order form which forms an integral part of this agreement. Such notice shall be deemed to have been duly served upon and
received by the addressee, when served personally, at the time of such service or, when posted, 48 hours after the same
shall have been put into the post correctly addressed and pre-paid. 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 relating to this agreement other
than in relation to payment of amounts due resulting from acts or causes beyond their respective reasonable control or from
any acts of God, legal regulations, governmental bodies or any other regulatory body or authority.
7.e) Any delay by
CTECK Limited or it's authorized affiliated company 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.
7.f) 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.
7.g) This Agreement shall be governed by the English law under the exclusive jurisdiction
of the Courts of England and Wales.
DOMAIN NAMES
8.)Where a request for a domain name is to form part of the customers
order the terms and conditions under which we supply domain names is
in addition the schedules and clauses herein and can be view at Dedicated-Domains
web site at:- http://www.dedicated-domains.com/terms
WEBSITE HOSTING
9.) Together with the terms herein, and the terms and conditions set out in
dedicated-domain's web site with regards to registration and management of domain names this website hosting section relates
to the extent of the Website hosting services provided by CTECK Limited and the Client's obligations in relation
thereto.
10.) The Customer will provide all Material which the Customer wishes to post on a Website in a condition which
shall be "server-ready" and which requires no additional work or manipulation on the part of CTECK Limited. The Customer
same take full responsibility for the content of the media and CTECK Limited or it's authorized companies shall be under
no obligation to validate such Material for content, correctness, legality or usability.
11. The Customer that is using
CTECK Limited's website hosting services are obligated to use the service in a proper manor using the correct
software and protocols and permissions etc. so as not to cause damage form unorthodox methods.
12.When using any
services that need technical "know how" for example scripting the Customer warrants that it has the necessary knowledge to
undertake this type of work and acknowledges that it is not the responsibility of CTECK Limited to provide such
knowledge or to provide customer support unless otherwise agreed in writing with CTECK Limited.
13. The Customer
acknowledges and accepts that they bear sole responsibility, legal and otherwise, for the content of all Material appearing
on its Website this shall apply to all Material, whether posted on the Customer's Website by or on behalf of the Customer
whether by CTECK Limited or a third party in association with CTECK Limited.
14. The Customer expressly
warrants, represents and undertakes in relation to all Material including all or any Material which it requests
CTECK Limited to host or make available to view on its Website that it is
not inappropriate material CTECK Limited will not host any pornographic material whatsoever and undertakes not to link
to any Inappropriate Material from their Website.
15.) The Customer undertakes that they have sole ownership of all
Intellectual Property Rights in such Material in each jurisdiction from which the Website may be accessed.
16.) The
Customer Warrants that they have obtained full and effective licence’s from all relevant third parties allowing the
Customer or any third party acting on behalf of the Customer to use the Material and to permit its dissemination worldwide
17.) CTECK Limited shall retain the right at all times to refuse to host any Material considered unsuitable or
inappropriate Material for whatever reason and reserves the right to suspend availability and or access of the Website until
the matter is satisfactory resolved.
18.) CTECK Limited shall not be held responsible in any way by taking this
action it is the Customers sole responsibility to deal with any allegation of defamation or Intellectual Property Right
infringement against their web site by a third party.
19.) Hosting of Material by CTECK Limited on the Website shall
not under any circumstances constitute that CTECK Limited has confirmed the material posted is of a good content and the
Customer is solely responsible with this regard CTECK Limited does not waiver
any of its rights in relation to such Material or of its rights in relation to any breach of Customer's obligations
under this Agreement.
20. The Customer undertakes fully to virus-check all data intended to be supplied/hosted to
CTECK Limited pursuant to this Agreement and undertakes not to embark on any course of action, whether by use of its
Website or any other means, which may cause a disproportionate level of Website activity without providing at least seven
day's prior notice in writing to CTECK Limited.
21.) The Customer shall inform CTECK Limited within 7 days if it
has reasonable grounds to assume that it will exceed the server space which has been allocated and:-
21.a) the Customer
undertakes to pay for any bandwidth which exceed the total monthly bandwidth allowance which is calculated at 28 days
periods immediate payment made by credit/debit card or within 7 days of receiving a request for payment by invoice and the:-
21.b) Customer undertakes not to disclose and to keep secure from third parties any passwords issued to the Customer by
CTECK Limited and should such passwords become compromised the customer shall inform CTECK Limited immediately
and:-.
21.c) the Customer undertakes that they will not transmit inappropriate material infringe the intellectual
property rights of any third party via e-mail and conduct their account and use of the server in a reasonable manor that is not excessive or wasteful to the determent of CTECK Limited or
other users.
EMAIL POLICY
22.) CTECK Limited does not allow the transmitting of bulk email as this is
considered spamming or the transmission of any inappropriate material insulting criticism or remarks racial or otherwise
that are intended to incite anger also:-
22.a) the Customer acknowledges that CTECK Limited is not responsible for
the security of the contents of email(s) sent or received by Customer. When sending email the Customer acknowledges that
they are responsible for complying with any Relevant Legislation.
23) CTECK Limited operates a privacy policy with
respect to email messages the Customer accepts that we do not monitor the content of any messages sent, received auto
responded to or otherwise dealt with CTECK Limited will not edit or disclose the contents of messages unless we are
requested to do so by law or protect CTECK Limited's rights.
24) CTECK Limited will use its reasonable
endeavours to ensure that messages are routed accurately and promptly but does not accept any liability for non-receipt,
non-delivery or misrouting of e-mail or any other failure of the email servers or system.