TERMS & CONDITIONS
webeffects.co.uk
1. DEFINITIONS
"Agreement" shall refer to the agreement between webeffects.co.uk and the Customer for the provision of Services by
webeffects.co.uk to the Customer;
"Bandwidth" shall refer to the rate of data transmission in bits per second, using webeffects.co.uk
equipment;
"Confidential Information" shall refer to information which is identified as confidential or proprietary by either party
or the nature of which is clearly confidential or proprietary;
"Customer" shall refer to You, an individual or entity which has accepted
these Terms of Service;
"Fees" shall refer to the fees for the Services;
"Intellectual Property Rights" shall refer to any and all
patents, trade marks, service marks, copyright, know-how, design rights, or any other intellectual or similar rights, whether or not
registrable in any country, together with all or any goodwill relating to the same;
"Services" shall mean web hosting, domain name
registration, email, Extra Features and any other services provided by webeffects.co.uk;
"webeffects.co.uk" or "webeffects" or "Us"
or "We" refers to the owner of the company, Bryan Moffat;
"You", "Your" and grammatical variants thereof shall mean you, any other
entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or beneficial
interest.
2. SERVER USE
2.1 webeffects.co.uk does not allow any of the following content to be stored on its servers: Illegal Material
- This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any UK legislation. Adult
Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left
entirely to the discretion of webeffects.co.uk. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking,
IP spoofing, etc., and encrypting of any of the above. This also includes any sites which provide "links to" or "how to" information
about such material.
3. UNLIMITED USER POLICY
3.1 High Bandwidth usage: webeffects.co.uk offers an unlimited use policy by maintaining
very large ratios of Bandwidth per customer. In rare cases, webeffects.co.uk may find a customer to be using server resources to such
an extent that he or she may jeopardize server performance and resources for other customers. In such instances, webeffects.co.uk
reserves the right to impose the High Resource User Policy for the consideration of all customers.
4. HIGH RESOURCE USER POLICY
4.1
Resources are defined as Bandwidth, processor utilization or disk space. webeffects.co.uk may implement the following policy to its
sole discretion: when a website is found to be monopolising the resources available, webeffects.co.uk reserves the right to suspend
that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
Customers may be offered an option whereby webeffects.co.uk continues hosting the website for an additional fee.
5. FEES & PAYMENT
TERMS
5.1 All Fees for Services are payable in advance and are non-refundable;
5.2 All Fees must be paid in UK Pounds Sterling, and
all prices are quoted net of Value Added Tax (VAT);
5.3 Although webeffects.co.uk reserves the right to change the prices for the
Services at any time, all pricing is guaranteed for the period of the prepayment. Any changes to the prices of Services will be clearly
communicated to Customers prior to their application, with one month's notice being given for such changes. Notice will be served
via email, to the email address held on the Customer's webeffects.co.uk account;
6. TERM & TERMINATION
6.1 The term of service
for all annually billed Services is annual;
6.2 In order to ensure continuity of service, webeffects.co.uk will supply an invoice
one month prior to renewal of any services. Upon payment, services will be renewed for the agreed term. If payment is not received,
said services will be cancelled;
6.3 YOU AGREE THAT YOU THE CUSTOMER ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR SERVICES ARE RENEWED,
AND THAT WEBEFFECTS.CO.UK SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW
THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES;
6.4 webeffects.co.uk
reserves the right to terminate a Customer's Agreement at any time. In this event, You will be entitled to a pro-rata refund based
on the unexpired term of service, unless You have contravened these Terms of Service, in which case You may not be entitled to a refund;
6.5 webeffects.co.uk shall have the right to terminate this Agreement immediately should the Customer fail to make advance payment
for any Service, when such payment becomes due to webeffects.co.uk;
6.6 Either party may terminate this Agreement by giving notice
in writing to the other party if the other party (i) is in material breach of this Agreement and fails to remedy such breach within
30 days of the receipt of a request in writing to remedy such breach, such request setting out the breach and indicating that failure
to remedy the breach may result in termination of the Agreement, (ii) becomes the subject of a voluntary arrangement under Part 1
of the Insolvency Act 1986, (iii) is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, (iv) has
a receiver, liquidator or administrator appointed over all or part of its assets or income or (v) has ceased to trade.
7. CANCELLATION
7.1 Customers may not cancel their Service/s during the term of service;
7.2 Customers may cancel their Service/s at the end of the
term of service by providing 30 days' written notice, before the end of the term of service, for that particular Service on a Service
by Service basis;
7.3 Customers will be required to complete a closure authorisation form, giving webeffects.co.uk permission to permanently
delete all content relating to the Customer's Services;
7.4 Customers will not be entitled to cancel any Service if there are outstanding
payments associated with that Service.
8. DISCLAIMERS AND WARRANTIES
8.1 webeffects.co.uk makes no warranties or representations that
any service will be uninterrupted or error-free. You accept all services provided hereunder "as is" without warranty of any kind;
8.2 All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including,
but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where
applicable) are hereby excluded in relation to each of the services to be provided hereunder to the fullest extent permitted by law;
8.3 webeffects.co.uk shall not be liable for any services or products to be supplied by any third party;
8.4 webeffects.co.uk shall
not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this
Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf;
8.5 webeffects.co.uk will not be
liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for
any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in
connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account
for profit, costs or expenses arising from such damage or loss;
8.6 No matter how many claims are made and whatever the basis of such
claims, webeffects.co.uk's maximum aggregate liability to You under or in connection with this Agreement in respect of any direct
loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises
in contract or in tort shall not exceed a sum equal to twice the fees paid by You for the services in relation to which Your claim
arises during the 12 month period prior to such claim;
8.7 None of the clauses herein shall apply so as to restrict liability for
death or personal injury resulting from the negligence of webeffects.co.uk, its employees or its sub-contractors;
8.8 webeffects.co.uk
shall not be liable for any interruptions to the services or outages arising directly or indirectly from (i) interruptions to the
flow of data to or from the internet, (ii) changes, updates or repairs to the network or software which it uses as a platform to provide
the services, (iii) the effects of the failure or interruption of services provided by third parties, (iv) factors outside of webeffects.co.uk's
reasonable control, (v) Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement)
or those of any third parties, (vi) problems with Your equipment and/or third party equipment, or (vii) interruptions to the services
requested by You.
9. INDEMNIFICATION
9.1 You agree that You shall defend, indemnify, save and hold webeffects.co.uk, its officers,
employees, agents, sub-contractors and affiliated companies harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against webeffects.co.uk, its agents, its customers, officers and employees, that may
arise directly or indirectly as a result of any service provided or performed or agreed to be performed or any product sold by You,
Your agents, employees or assigns;
9.2 You agree to defend, indemnify and hold harmless webeffects.co.uk against liabilities arising
out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with a webeffects.co.uk
server, (ii) any material supplied by You infringing or allegedly infringing the proprietary rights of a third party, (iii) Intellectual
Property Right infringement, (iv) any defective products sold by You from a webeffects.co.uk server, and (v) any breach of any of
Your obligations or the warranties given by You in this Agreement.
10. FORCE MAJEURE
10.1 Neither party is under any liability to
the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason
of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts
of God, acts of any governmental or supranational authority, war or national emergency, riots, civil commotion, fire, network failure,
systems fault, unauthorised use or access to the IT systems of Streamline.Net or the Customer, explosion, flood, epidemic, lock outs
(whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce),
restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and
currency restrictions, to the extent outside of its reasonable control.
11. ENTIRE AGREEMENT
11.1 This Agreement constitutes the entire
agreement between the parties hereto relating to the subject matter hereof and neither relied on any representation made by the other
party unless such representation is expressly included herein;
11.2 Nothing in this clause 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 any) that a court or arbitrator may allow reliance on the same as being fair and reasonable;
11.3 This Agreement
supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written,
with respect to the subject matter expressly set forth herein.
12. SEVERABILITY
12.1In the event that any provision of this Agreement
shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity
shall not render this Agreement unenforceable or invalid as a whole;
12.2 webeffects.co.uk will amend or replace such provision with
one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of webeffects.co.uk
as reflected in the original provision.
13. CONFIDENTIALITY
13.1 Each of the parties agrees not to disclose any Confidential Information
received from the other party or make any use of any such Confidential Information other than for the purposes of performance of this
Agreement, except that (i) 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, (ii)
the confidentiality obligations set out above shall not apply to any information which is or subsequently becomes available to the
general public other than through a breach by the receiving party, or is already known to the receiving party before disclosure by
the disclosing party or is developed through the independent efforts of the receiving party, or (iii) the receiving party rightfully
receives from a third party without restriction as to use.
14. WAIVER
14.1 The failure or delay by either party in exercising any
right, power or remedy of that party under the Agreement will not in any circumstances impair such right, power or remedy, nor operate
as a waiver of it;
14.2 The single or partial exercise by either party of any right, power or remedy under the Agreement will not
in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy.
14.3 Any waiver
by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any
subsequent breach or default and in no way affects the other terms of the Agreement.
15. ASSIGNMENT
15.1 You shall not assign, sub-license
or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of webeffects.co.uk.
However, in the event that webeffects.co.uk consents to such an assignment, sub-license or transfer, then this Agreement shall enure
to the benefit of and be binding upon the parties and their respective successors and permitted assigns;
15.2 webeffects.co.uk may
sub-contract or assign any or all of its rights and obligations under this Agreement.
16. AMENDMENTS
16.1 This Agreement may not be
amended or modified by You except by means of a written document signed by both You and an authorized representative of webeffects.co.uk.
17. NOTICES
17.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by webeffects.co.uk
to You shall be deemed to have been given immediately if delivered by e-mail or 24 hours after despatch if sent by overnight mail
in accordance with the contact information You have provided.
18. GOVERNING LAW
18.1 Except as otherwise set forth in the webeffects.co.uk
Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, with respect to domain name disputes, this Agreement,
and Your rights and obligations under this Agreement, shall be governed by the laws of the England, subject to the exclusive jurisdiction
of the courts of England and Wales.