Website Terms and Conditions
WELCOME TO THE 1st Choice Web Host WEBSITE
TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS
APPLY TO THE USE OF THIS WEBSITE AT http://www.1stchoicewebhost.co.uk.
BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT
THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO
REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT
THESE TERMS, DO NOT USE THIS WEBSITE. Please also ensure
you read our Acceptable
Use Policy
The http://www.1stchoicewebhost.co.uk website
is operated by:
Derek Chambers, Jean Chambers, Marcus Cicero and Norman Freegard trading as
1st Choice Web Host part of The 1st Choice group
.
We are not registered for VAT.
Our contact details are as follows:
1. INTRODUCTION
We may revise these terms and conditions at any time by updating this posting.
You should check this Website from time to time to review the then current
terms and conditions, because they are binding on you. Certain provisions of
these terms and conditions may be superseded by expressly designated legal
notices or terms located on particular pages of this Website. If you do not
wish to accept any new terms and conditions after we have given notice, you
should not continue to use this Website or our hosting services.
2. ORDERING FROM US
2.1 You are deemed to place an order with
us by ordering via our online checkout process. As part
of our checkout process you will be given the opportunity
to check your order and to correct any errors. We will
send you an order acknowledgement, detailing the products
you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
3. PRICING
3.1 Our prices do not include VAT as we
are not registered for VAT.
3.2 Where we charge separately for packing, carriage and insurance and other
relevant charges, the appropriate rates are set out in our specified pricing
structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and the next review will be on 01/01/2005.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to admin@1stchoicewebhost.co.uk within
24 hours
(b) where hosting accounts have already been set up and emailed to you, by
emailing us in accordance with clause 4.2 below.
4.2 You can cancel hosting accounts you have ordered from us for any reason
at any time within 30 days of receipt for a full refund.
4.3 Upon receipt of your cancellation email we will terminate your hosting
account and refund your payment less any expenses for Domain Name Registration
etc.
4.4 The rights to refund money as referred to in clause 4.3 will not apply
if our Acceptable Terms of Use has been breached in any way.
The provisions of this clause 4.4 do not affect your statutory rights.
5. LICENCE
5.1 You are permitted to print and download
extracts from this Website for your own use on the following
basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text;
and
(c) any of our copyright and trade mark notices and this permission notice
appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property
rights in all material on this Website (including without limitation photographs
and graphical images) are owned by us or our licensors. For the purposes of
these terms and conditions, any use of extracts from this Website other than
in accordance with clause 5.1 above for any purpose is prohibited. If you breach
any of the terms in these terms and conditions, your permission to use this
Website automatically terminates and you must immediately destroy any downloaded
or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored
in any other website or included in any public or private electronic retrieval
system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available 24
hours a day, we will not be liable if for any reason this Website is unavailable
at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice
in the case of system failure, maintenance or repair or for reasons beyond
our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable
information, which is covered under the Privacy
Policy, any material you transmit or post to this Website
will be considered non-confidential and non-proprietary.
We will have no obligations with respect to such material.
We and our nominees will be free to copy, disclose, distribute,
incorporate and otherwise use such material and all data,
images, sounds, text and other things embodied therein
for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website
and our hosting servers any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory, menacing,
scandalous, inflammatory, blasphemous, in breach of confidence, in breach of
privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law
of or infringe the rights of any third party, in the UK or any other country
in the world; or
(d) which is technically harmful (including, without limitation, computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data or other
malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court
order requesting or directing us to disclose the identity or locate anyone
posting any material in breach of clauses 7.2 or 7.3. Full details can be found
on our Acceptable Use Policy
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this
Website are provided solely for your convenience. If you
use these links, you leave this Website. We have not reviewed
all of these third party websites and do not control and
are not responsible for these websites or their content
or availability. We therefore do not endorse or make any
representations about them, or any material found there,
or any results that may be obtained from using them. If
you decide to access any of the third party websites linked
to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis
that you link to, but do not replicate, the home page of this Website, and
subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of
the 1st Choice Web Host logo;
(b) you do not create a frame or any other browser or border environment around
this Website;
(c) you do not in any way imply that we are endorsing any products or services
other than our own;
(d) you do not misrepresent your relationship with us nor present any other
false information about us;
(e) you do not otherwise use any 1st Choice Web Host trade marks displayed
on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or
controversial, infringes any intellectual property rights or other rights of
any other person or otherwise does not comply with all applicable laws and
regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2
for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group
companies may suffer or incur as a result of your breach of clause 8.2.
9. REGISTRATION
9.1 To register with http://www.1stchoicewebhost.co.uk
you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share
your user name and password with any other person nor with multiple users on
a network.
9.3 Responsibility for the security of any passwords issued rests with you
and if you know or suspect that someone else knows your password, you should contact
us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable
discretion or if you breach any of your obligations under these terms and conditions
or our Acceptable Service
of Use.
10. DISCLAIMER
10.1 While we endeavor to ensure that the
information on this Website is correct, we do not warrant
the accuracy and completeness of the material on this Website.
We may make changes to the material on this Website, or
to the products and prices described in it, at any time
without notice. The material on this Website may be out
of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as is” without
any conditions, warranties or other terms of any kind.
Accordingly, to the maximum extent permitted by law, we
provide you with this Website on the basis that we exclude
all representations, warranties, conditions and other terms
(including, without limitation, the conditions implied
by law of satisfactory quality, fitness for purpose and
the use of reasonable care and skill) which but for these
terms and conditions might have effect in relation to this
Website.
11. LIABILITY
11.1 We, any other party (whether or not
involved in creating, producing, maintaining or delivering
this Website), and any of our group companies and the officers,
directors, employees, shareholders or agents of any of
them, exclude all liability and responsibility for any
amount or kind of loss or damage that may result to you
or a third party (including without limitation, any direct,
indirect, punitive or consequential loss or damages, or
any loss of income, profits, goodwill, data, contracts,
use of money, or loss or damages arising from or connected
in any way to business interruption, and whether in tort
(including without limitation negligence), contract or
otherwise) in connection with this Website in any way or
in connection with the use, inability to use or the results
of use of this Website, any websites linked to this Website
or the material on such websites, including but not limited
to loss or damage due to viruses that may infect your computer
equipment, software, data or other property on account
of your access to, use of, or browsing this Website or
your downloading of any material from this Website or any
websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability
for (i) death or personal injury caused by negligence (as such term is defined
by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation
as to a fundamental matter; or (iv) any liability which cannot be excluded
or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers,
directors, employees and agents, harmless from and against all claims, liability,
damages, losses, costs (including reasonable legal fees) arising out of any
breach of the terms and conditions by you, or your use of this Website, or
the use by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be
governed by and construed in accordance with English law.
Disputes arising in connection with these terms and conditions
shall be subject to the exclusive jurisdiction of the English
courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate
or available for use outside the United Kingdom. It is prohibited to access
the Website from territories where its contents are illegal or unlawful. If
you access this Website from locations outside the United Kingdom, you do so
at your own risk and you are responsible for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or
otherwise transfer any of your rights under these terms
and conditions
13.2 If any provision of these terms and conditions is found by any court of
competent jurisdiction to be invalid, the invalidity of that provision will
not affect the validity of the remaining provisions which shall continue to
have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them
under the Contracts (Rights of Third Parties) Act 1999.
|
