1. The Service
1. The Infoserve Web Design Service (the “Services”) are owned and operated by Infoserve Ltd and appear on the Site.
2. All information necessary to complete an Infoserve Ltd Web Site should be delivered within 14 days of request.
3. By agreeing to make or making payment for any products on the Site, you accept these terms and conditions in respect of your chosen Service.
4. We reserve the right in our sole discretion to add, delete or change some or all of the Services offered by Infoserve Ltd, including all or any aspect of the Site at any time without notice to you.
1. Infoserve Ltd accepts payment by cheque (payable to: Infoserve Ltd), MasterCard, Visa, Delta or Switch, Bankers Order or other monetary instrument specifically agreed by Infoserve Ltd – although we reserve the right to decline payment in any of these forms without notice to you. Infoserve Ltd reserves the right to vary its prices without notice to you, and to withdraw any payment methods at any time.
2. By agreeing to the Infoserve Ltd order you are agreeing to our payment terms and committed to payment in full on production of the order and accept these terms and conditions in respect of your chosen service.
3. The Hosting of your Site shall be eligible for renewal precisely twelve months from the date of purchase. The ‘date of purchase’ is the commencement date on your first invoice. You will receive notification of renewal two months prior to your renewal date. If you do not wish to renew your product you must submit a written notice at least thirty days before the renewal date.
4. If you should at any time fail to make timely payment in full, Infoserve Ltd is entitled to charge interest on the amounts due with an interest rate of 3% per annum over the Bank of England base rate.
5. Payment is required in full on completion of all orders Any leniency by Infoserve Ltd, with respect to this payment, is entirely at its discretion.
Payment shall be made no later than fourteen (14) days from the invoice date.
All charges for Services ordered via telephone or online are payable in advance to Infoserve Ltd via our online payment provider Barclaycard EPDQ. Any leniency by Infoserve Ltd, with respect to the payment period, is entirely at its discretion.
3. Exclusions and Limitations of Liability
1. We use our reasonable skill and care in operating the Site and in providing the Services. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Site or the Services. The Site is provided on an “as is” and “as available” basis and we do not warrant that you or any users will be able to access the Site at all times or that it will be absolutely secure, uninterrupted or free from infection and viruses. We will not be responsible for your failure to provide services as a result of your inclusion on the Site, for errors that relate to the provision of your services, or for technical problems that may hinder the efficacy of the Site.
2. Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this contract or operation of, or your use of the Site and/or the Services. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties. You should not take any step or act based on your ownership of the domain name until you have received legal confirmation from the relevant registry body that you are the registered owner of that domain name.
3. We give no assurances as to the online positioning and prominence of the Site within an individual Internet portal site or any such third party sites.
4. Infoserve Ltd does not guarantee that it will be able to secure IP addresses, IP ranges or domain names on your behalf and acceptance by Infoserve Ltd of your order form shall not give rise to any such warranty in respect of the details appearing on the order form. Infoserve Ltd is not notified as to whether or not attempts to secure addresses, ranges or domain names have been successful and it is your responsibility to establish whether or not they have been so secured. No warranty is given that once secured you will be permitted to retain such addresses, ranges or domain names.
5. If Infoserve Ltd is unable to register the domain name you want, Infoserve Ltd will seek to secure an alternative name of your choosing. If the alternative name cannot be secured, Infoserve Ltd will, upon receipt of your written request, repay to you all charges payable by you as relate to registration of the domain name. No repayment will be given in circumstances where the domain name is registered and is subsequently removed for any reason beyond Infoserve Ltd control.
1. You hereby agree to indemnify, defend and hold us harmless for all liability, claims, damages and costs, including reasonable legal fees, arising out of or in connection with a breach of your obligations, representations and warranties in respect of information provided by you in connection with the Services as provided in this Agreement.
5. Term and Termination
1. The products are provided for an initial period of 12 months from the commencement date on your invoice. Upon renewal this agreement will continue for an additional 12 months period. If you cancel any of the Services other than at the end of a 12-month period, Infoserve Ltd will not refund any payments made in respect of the remainder of the period. You may, by at least 30 days advance notice to Infoserve Ltd choose not to renew this agreement upon the 12 month renewal date. You may otherwise only terminate this agreement in accordance with clause 2.5.
2. Infoserve Ltd may terminate this agreement with you immediately and at any time without notice but, if you demonstrate that Infoserve Ltd has terminated without any breach by you of your obligations, Infoserve Ltd will refund to you a sum representing the part of the Services attributable to the un-expired period to the next renewal date of your contract. In addition, Infoserve Ltd may, by at least 30 days notice to you in advance, choose not to renew this agreement at an anniversary.
6. Governing Law and Jurisdiction
1. These terms shall be governed by and interpreted in accordance with English law.
2. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these terms and conditions.
3. For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.