Your e Solutions Ltd Terms & Conditions Of Business
The following Terms & Conditions of Business apply to all of our services including domain names, web design and web hosting, e-business solutions and specialist services to be provided by us to you from time to time.
1. DOMAIN NAME REGISTRATION
1.1 Domain Names are registered for a period of 2 years for a flat fee.
At the end of this period it can be renewed at the client's discretion.
1.2 It is the client's responsibility to verify and approve domain names before registration (see 3.3 also).
The registration will be in the client's name with the appropriate Naming Authority.
Your e Solutions Ltd. will not be responsible for any verbal misinterpretations.
1.3 Clients should not take any action in respect of a domain name until it is confirmed as registered.
Your e Solutions Ltd. shall not be held responsible for failure to register a domain name.
2. HOSTING/WEB SITE CONTENT/E-MAIL
2.1 Your e Solutions Ltd. do not provide any guarantee as to the accuracy or quality of information received by any person via the server and are not liable for any loss or damage to any data stored on the server.
- a) use, or authorise, or permit any party to use the server in violation of any law or regulation
- b) knowingly or recklessly post, link to or transmit any material that is unlawful, threatening, harmful, abusive, libellous, malicious, defamatory, obscene, pornographic, infringes any trade mark, copyright, any material containing viruses or use hostile computer programs or any otherwise objectionable material.
2.3 The client is responsible for sending all mail in accordance with current legislation including data protection legislation and for sending the same in a secure manner.
Your e Solutions Ltd. will take all reasonable steps to ensure accurate and prompt routing of messages but will not be liable for non-receipt of messages or misrouting or any other failure of e-mail.
2.4 Your e Solutions Ltd. and their server providers will use reasonable endeavours to ensure the integrity and security of the server. Your e Solutions Ltd. do not guarantee that the server will be free from unauthorised users or hackers.
2.5 Your e Solutions Ltd. reserve the right to cease providing any of the services if in their opinion the services are used by the client for any immoral, unethical, unlawful or malicious purpose.
GENERAL TERMS & CONDITIONS
3. COPYRIGHT & CONTENT
3.1 The copyright and all intellectual property rights supplied by Your e Solutions Ltd. shall remain the property of Your e Solutions Ltd.
3.2 The copyright and all intellectual property rights supplied by the client shall remain the property of the client.
3.3 The client is responsible for ensuring that they have all the necessary intellectual property rights on a worldwide basis in respect of the content of their web sites (and domain names).
The client must indemnify Your e Solutions Ltd. against any liability incurred in respect of any breach of such rights.
3.4 Your e Solutions Ltd. are not under any circumstances responsible for the contents of the clients web sites designed, hosted, operated or maintained by it. The client must indemnify Your e Solutions Ltd. against any liability incurred in respect of such content.
4. CONFIDENTIALITY
4.1 All parties will treat all information relating to the other party as strictly confidential.
5. TERMINATION
5.1 Either party shall have the right to terminate this agreement on 14 days written notice to the other party. All monies will be returned less the costs of any work already undertaken.
5.2 Should either party breach its obligations under this contract and not remedy that breach within 28 days after receiving a notice from the other party to remedy the breach, the contract will be automatically terminated.
5.3 If either party is unable to pay its debts within the meaning of S123 of the Insolvency Act or a Receiver is appointed or a Winding-Up Order is issued the contract will be automatically terminated.
6. PAYMENT
6.1 All charges payable by the client shall be in become due and payable within 30 days of receipt of our invoice. All prices quoted on our web site are approximate.
The price will vary according to individual requirements and all quotes given are exclusive of VAT.
7. INSURANCE & LIABILITY
7.1 Your e Solutions Ltd. shall not be liable to the client for any indirect or consequential loss, damage cost or expense how so ever caused whether arising in contract, tort (including negligence) or otherwise including without limitation loss of profits, revenue, contracts, loss or corruption to data and loss of business or goodwill.
8.FORCE MAJEURE
8.1 Neither party shall be responsible for any delay or failure to perform the contract which is caused as a result of acts of God, fire, flood, explosion, war, riots, terrorism, acts of governments, sabotage, civil commotion, severe weather conditions and other causes beyond its reasonable control.
9. LICENSING OF ASSETS
9.1 Assets refer to: photographs, illustrations, other images, fonts, audio and video.
9.2 All assets sourced on the client's behalf by Your e Solutions Ltd will be purchased and used in conformance to the copyright owner's licensing requirements.
9.3 It is the client's responsibility to ensure that they have the rights to publish any assets on their website that they provide to Your e Solutions Ltd.
9.4 If the client uses a third party to produce assets then it is the client's responsibility to check licensing issues with said third party prior to the client or third party supplying these assets to Your e Solutions Ltd.
9.5 Your e Solutions Ltd will not be held liable for any copyright infringement that occurs through the client's failure to ensure assets have been correctly licensed as mentioned in 9.3 and 9.4.
10. LAW
10.1 These Terms and Conditions of Business shall be construed in accordance with English Law and are subject to the sole jurisdiction of the English Courts.