Terms & Conditions
- 1. General
The provision by SITE NAME of any Web Services to the Customer shall be governed by the following terms and conditions as may be varied by any written proposal or quotation or by both parties in writing.
All Web Site construction work will, to the extent possible, be carried out using existing modules from the current standard System Software feature set used in the construction of all SITE NAME Web Sites. Where practical SITE NAME will indicate an existing Web Site to be used as a reference (the Reference Site) for the construction work.
In the event of any doubt as to the exact scope of any feature or function specified for the Web Site under construction, the feature or function will be implemented in accordance with the equivalent feature or function actually used in the latest version of the standard System Software feature set or, if applicable, in the Reference Site.
All charges set out in any proposal or quotation are provided as best estimates unless specifically stated to be on a fixed price basis and all such work carried out will be logged and charged for monthly in arrears. If SITE NAME anticipates that any work items for which a fixed price has not been provided, will exceed the estimate given in any proposal or quotation, it shall inform the Customer as soon as practicable, and provide a written estimate of the additional work involved. The new work will not commence until the Customer has confirmed its agreement in writing.
All dates set out in any proposal or quotation are provided as a best estimate of the amount of time the work will take and neither party shall suffer any penalty, cost or other liability to the other party for failure to meet any such dates.
In the event that any work that the Customer requires has not been detailed in a written proposal or quotation or goes beyond the features available in the current standard System Software feature set, SITE NAME will provide the Customer with a written estimate of the amount of additional work involved. Work will not commence until the Customer has confirmed its agreement in writing.
SITE NAME may, at any time, issue a Completion Notice indicating to the Customer that the work items required in the construction of the Customer's Web Site and set out in any proposal or quotation, have been substantially completed. The Completion Notice shall list all work items, if any, that remain outstanding as against the list of work items set out in such proposal or quotation together with a timetable for completion of such outstanding work items, if any.
All prices set out in any proposal or quotation exclude VAT.
It is SITE NAME' standard policy to list the Customer on the client page of its web site, and to display a discreet link to the SITE NAME web site from the Customer's web site.
- 2. Payment
All charges relating to any programming and development work (the Construction Charges) shall become due and payable within 30 days of written confirmation to proceed with such work.
The Completion Date shall be the date on which the Customer's Web Site is made freely available, without restriction, to the commercial internet or the date on which all work items listed in the Completion Notice if any have been completed, whichever date is the sooner.
The Annual Maintenance Charge shall become due and payable on the Completion Date or (subject to prior termination under these terms) on any subsequent anniversary of the Completion Date (the Renewal Date).
In the event this Agreement is automatically renewed in accordance with the provisions of Clause 7.1 below this Agreement shall continue in full force and effect on the same terms save that any rise in the Annual Maintenance Charges shall be limited to no more than the percentage increase in the Retail Prices Index (RPI) over the preceding 12 month period plus 1%.
- 3. Hosting, Maintenance & Support.
The Annual Service Charge is calculated by taking into account the maintenance and support requirements of the entire site, including the number of pages on the site, the size and type of catalogue database(s), frequency of updates applied, site functionality, site applications as well as hosting, bandwidth requirements and related support services. The Customer acknowledges that any change to the Web Services provided hereunder made during the continuation of this agreement may result in additional charges to the Annual Service Charge becoming due from the date of any such change.
All additional work carried out on the Customer's Web Site not covered by the Annual Service Charge will be agreed between the Customer and SITE NAME in writing and in advance of any work being carried out. All additional work shall be charged on a time basis at SITE NAME' standard rates from time to time.
- 4. Availability & Bandwidth
SITE NAME will use its best endeavours to make the Customer's Web Site continuously available to the commercial internet at all times subject to routine and emergency maintenance, data loading, line faults, downtime occasioned by 3rd parties or problems with the commercial internet.
Unless a provision for dedicated bandwidth has been agreed in writing, if the Customer's average use of bandwidth exceeds the amount allotted to it under these terms from time to time then the Customer will be liable for the difference between the charges due under the level of bandwidth used and that amount originally allotted to it under these terms.
- 5. Warranties
SITE NAME warrants that the provision by it of the Web Services under these terms to the Customer shall be performed with all reasonable care and skill.
Save as set out in these terms all other conditions or warranties express or implied, statutory or otherwise are hereby expressly excluded to the extent permitted by law.
Except in respect of death or personal injury caused by SITE NAME' negligence, or as expressly provided in these terms, SITE NAME shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or as specified in these terms, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of SITE NAME, its servants or agents or otherwise) which arise in connection with the provision of any services specified hereunder or its use by the Customer, and the entire liability of SITE NAME under or in connection with these terms shall not exceed the amount of SITE NAME' charges for the provision of any such services.
SITE NAME shall not be liable to the Customer or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of SITE NAME' obligations in relation to any of the services specified hereunder, if the delay or failure was due to any cause beyond SITE NAME' reasonable control.
The Customer undertakes that the Customer's data (whether stored or sent over the Internet) will not contain anything obscene, offensive or defamatory and will conform at all times with SITE NAME' Acceptable Use Policy from time to time in force. The Customer will indemnify SITE NAME and keep SITE NAME fully and effectively indemnified against all actions, proceedings, claims, demands, damages and costs (including all legal costs on a full indemnity basis) occasioned to SITE NAME as a result of any breach of this provision.
- 6. Licences
The Customer acknowledges that it may be required to obtain a licence for the use of certain data on its Web Site (including without limitation any data supplied by Third Party Data Services). If requested to do so the Customer will provide SITE NAME with written confirmation that it is entitled to use any such data on its web site.
Neither party shall pursuant to any of the provisions of this Agreement acquire or be deemed to have acquired any rights over or interest in any data, materials, resources, or property owned or licensed by the other party which is used in connection with the Customer's Web Site or the provision of the Web Services.
- 7. Term & Termination
Save as may be otherwise agreed in writing, this Agreement shall continue in force for a period of 12 months from the Completion Date, and thereafter shall be renewed automatically on each successive anniversary of the Completion Date (the Renewal Date) for a further period of 12 months unless and until terminated by either party in accordance with the provisions for termination set out in this Clause 7.
Either party may terminate this Agreement with effect from the next Renewal Date, by giving the other party not less than 1 month's notice in writing.
Either party may (without limiting any other remedy) at any time terminate this Agreement by giving written notice to the other if the other commits any breach of this Agreement and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.
Any termination of this Agreement shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of any party.
Upon expiry or termination of this Agreement SITE NAME shall cease to use, delete and return all data, materials, resources or property, including any copies thereof, belonging to the Customer and shall cease to use all representations made pursuant to Clause 1.9 of this Agreement.
- 8. Miscellaneous
Failure or neglect by either party to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of its rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice its rights to take subsequent action.
This Agreement and documents expressly incorporated hereby constitutes the sole and entire binding contract and supersede all other proposals, agreements, statements, representations or warranties made by or between the parties relating to the subject matter hereof. Except as otherwise provided herein, no addition, amendment to or modification of this Agreement shall be effective unless it is agreed in writing and signed by or on behalf of both parties.
Unless otherwise expressly stated herein, all notices which are required to be given hereunder shall be in writing and shall be sent to the address of the recipient as set out in this Agreement or such other address in the United Kingdom as the recipient may designate by written notice to the other party. Any such notice may be delivered personally or by first class pre-paid letter, email, or facsimile transmission, provided that if delivered by email or facsimile transmission a copy shall be posted or sent by hand within 24 hours of transmission, and shall be deemed to have been served if by hand when delivered, if by first class post 48 hours after posting and if by email, or facsimile transmission the day of transmission if transmitted by 5:00pm or else the day following transmission.
Neither party may assign this Agreement or any part of this Agreement without the written consent of the other party, such consent not to be unreasonably withheld or delayed.
The headings in this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
Each party will keep confidential any information imparted to it or its employees, agents or sub-contractors on the basis that it will keep confidential any information that by its nature would normally be regarded as confidential. Such confidentiality will not apply to information which is already in the public domain other than by reason of breach of this clause or which is required to be disclosed by law or which is obtained from a third party who is lawfully authorised to disclose the same.
This Agreement shall be governed by the laws of England and both parties hereby agree to submit to the exclusive jurisdiction of the English courts.
1. Collection of Data.
Our registration process requires only a valid e-mail address and a unique user ID and password. Providing us with other information is at your option. Please take note that your user name, e-mail address, or other submissions that you make on this site may contain your real name or other personally identifiable information and, as a result, may appear on this site. Like many web sites, we may also automatically receive general information that is contained in our server log files such as your IP address and cookie information. Information about how advertising may be served on this site (if at all) is set forth below.
2. Use of Data.
We may use Data to customize and improve your user experience on this site. We will make efforts so that your Data will not be provided to third parties unless
(ii) we obtain your consent, such as when you choose to opt-in or opt-out to the sharing of Data;
(iii) a service provided on our site requires the interaction with or is provided by a third party, by way of example an Application Service Provider;
(iv) pursuant to legal process or law enforcement;
(v) we find that your use of this site violates our this Policy, Terms of Service, other usage guidelines or as deemed reasonably necessary by us to protect our legal rights and/or property;
(vi) this site is purchased by a third party whereby that third party will be able to use the Data in the same manner as we can as set forth in this Policy. In the event you choose to use links that appear on our site to visit other web sites, you are advised to read the privacy policies that appear on those sites.
We do not allow persons who are ages thirteen or younger to become members of this site.
5. Changes to this Privacy
We may make changes to this Policy from time to time. We will notify you of substantial changes to this Policy either by posting a prominent announcement on our site and/or by sending a message to the e-mail address you have provided to us that is contained within your user
6. No guarantees.
7. Contact Information.
If you have any questions about this Policy or our web site, please feel free to contact us.
8. Data Protection Statement.
Data protection and privacy: any details which you provide to us from which we can identify you will be held and processed in accordance with the data protection act 1998 and the principles contained within the act.
9. Data Quality/Access.
Users can change any information provided by emailing us at any time.
10. Contacting the Web Site.
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, please do not hesitate to contact us.
Our site provides users the opportunity to delete their profile at any time by selecting the "unsubscribe" option.
Our site's registration form requires users to give us contact information (like your name, and email address), and demographic information (like your postcode, age, or date of birth. Contact information from the registration forms is used to send promotional material from some of our partners to our customers, and to get in touch with the customer when necessary. Please notify us if you do not wish to be emailed regarding these promotions, Your Web Site operates a strict no spamming policy.
In this section you will find information on what cookies may be set when you visit an SITE DOMAIN website and how to reject or delete those cookies.
1. How to control and delete cookies
Alternatively, you may wish to visit www.aboutcookies.org which contains comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your computer as well as more general information about cookies. For information on how to do this on the browser of your mobile phone you will need to refer to your handset manual.
Please be aware that restricting cookies may impact on the functionality of all SITE DOMAIN websites. It is not possible to for example complete transactions or sales without them and so you would not be able to purchase products from the e-commerce site.
SITE DOMAIN use a number of suppliers who also set cookies on both the SITE DOMAIN and associated websites on our behalf in order to deliver the services that they are providing.
2. List of the main SITE DOMAIN cookies
This is a list of the main cookies set by the SITE DOMAIN website, and what each is used for.
|acceptcookies||Acknowledges you've accepted cookies on our site|
3. Third Party Cookies set for UK users
SITE DOMAIN uses a number of suppliers who also set cookies on SITE DOMAIN websites on its behalf in order to deliver the services that they are providing. If you would like more information about the cookies used by these suppliers, as well as information on how to opt-out, please see their individual privacy policies listed below.
|Google Analytics||The SITE DOMAIN uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics sets a cookie in order to evaluate your use of the web site and compile reports for us on activity on the web site.|
Google stores the information collected by the cookie on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using the web site you consent to the processing of data about you by Google in the manner and for the purposes set out above.
How to reject or delete this cookie:
4. Third Party Cookies set for users outside the UK.
SITE DOMAIN Limited uses a number of suppliers who set cookies on our sites on its behalf in order to deliver the services that they are providing.
If you would like more information about the cookies used by these suppliers, as well as information on how to opt-out, please see their individual privacy policies listed below.
|Google Analytics||Please see above.|
5. Local Shared Objects (Flash Cookies)
SITE DOMAIN uses the Adobe Flash Player to deliver its video content services, such as the Media Streaming and Video Players, throughout our sites. To improve user experience, Local Shared Objects - or Flash Cookies as they are commonly known - are employed to provide features such as auto-resume and for saving your preferences. Flash Cookies are stored on a user's terminal much the same as cookies are, however it is not possible to manage them at browser level in the same way.
How to disable Flash Cookies:
The Adobe website provides comprehensive information on how to delete or disable Flash cookies either for a specific domain like bbc.co.uk or for all websites - see http://www.adobe.com/products/flashplayer/security for details. Please be aware that restricting the use of Flash Cookies may affect the features available to you for Flash based applications such as the SITE DOMAIN iPlayer.
Please note that if you disable your Flash cookies for SITE DOMAIN websites you will be unable to play content on from our Media players.
6. Cookies set by Third Party sites
We sometimes embed photos and video content from websites such as YouTube and Flickr. As a result, when you visit a page with content embedded from, for example, YouTube or Flickr, you may be presented with cookies from these websites. SITE DOMAIN does not control the dissemination of these cookies. You should check the relevant third party website for more information about these.
7. Social Networking Sharing Tools
We would like to draw your attention to the fact that SITE DOMAIN websites now carry embedded 'share' buttons to enable users of the sites to easily share content with their friends through a number of popular social networks. These sites may set a cookie when you are also logged in to their service. SITE DOMAIN does not control the dissemination of these cookies and you should check the relevant third party website for more information about these.
Last updated: 2013
In this document, the 'Web Site' refers to any material published on the following domains owned by SITE DOMAIN known as the SITE or SITE DOMAIN and any other future branded domains or sub-domains.
1. Rules and Regulations.
The following rules and regulations apply to all visitors to or users of this Web Site. By accessing this Web Site, user acknowledges acceptance of these terms and conditions. SITE DOMAIN reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, SITE DOMAIN reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the SITE DOMAIN Web Site, both now and in the future.
2. Limited License
Please note that all material on this site - unless otherwise stated - is copyright © SITE DOMAIN START YEAR – END/CURRENT YEAR, and no words, photographs, games or graphic material may be used without our express permission. SITE DOMAIN hereby authorises you to copy materials published by SITE DOMAIN on this Web Site solely for your own non-commercial personal use, subject to the conditions set out below. In consideration of this authorisation, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of SITE DOMAIN or any third party.
ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM SITE DOMAIN . VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
(i) SITE DOMAIN photography/games/graphics
What do you mean by copyright?
It means that the photos, games and graphics on this site are the property of SITE DOMAIN and cannot be used without permission.
Can I download the photos/games/graphics?
You may download the photos/graphics and store them on your own machine for your own personal use, for example as the main background or in a viewer. You are not allowed to download them onto a machine that you do not own, e. g. machines in a school, College, University, Library or Cyber cafe etc. , or load them onto a server.
Can I distribute the photos/games/graphics? e. g. send a friend a copy by E-mail?
They are for your personal use only, they must not be distributed, loaned, hired or sold to anyone else. By all means send them a link to the page you found the item on but not the item itself.
Can I use your photography in a School/College project?
If you want to use the material in a school or college project, we would expect to be asked beforehand. In some cases we will give permission, provided that the project is non profit making and the project does not involve publication on the Web, or distribution or publication in any other medium, including but not limitied to any digital recording.
Can I post the photos/graphics to Newsgroups?
You are not allowed to post the photos/graphics in Newsgroups, or any similar service.
Can the photos/games/graphics be used on a CD-ROM?Can the photos be used in a screen saver?
The photos can be used to make a screen saver provided that the screen saver is for your own personal use. It must not be sold or distributed.
Can the photos/graphics be used on a T-shirt, Mugs, Mouse mats etc?
You do not have permission to use the photos/graphics on any commercial product.
Can the photos/graphics be used in a brochure or used commercially to promote products?
To use the photos/graphics commercially, permission will have to be obtained from SITE DOMAIN directly, although due to the non profit nature of the club, it is highly unlikely that we will let our work be used in any commercial environment.
Can the photos/games/graphics be used on a Web page?
The material on the SITE DOMAIN site must not be used on any other Web pages directly or indirectly. If you ask, permission will be refused. To deter Webmasters from using our material on other Web pages or using them outside the above permitted uses, we have been advised to set a scale of standard charges for Unauthorised use. This makes it extremely easy to obtain significant damages for unauthorised use of the material, by applying the legal process from any court in a country that is a signatory to the Berne Convention, most Countries in the world have signed this convention. The scale of charges are:500 US dollars per Week per photo/game/graphic, starting from the date of the infringement. Unpaid bills accrue interest. Expenses incurred by us and the collection Agency, in the collection of these fees are also chargeable.
Photo info: There is a technology available from Digimarc Corporation which enables a digital watermark to be embedded into the image, this company has a robot that scans the Web looking for images with a watermark which notifies the registered owner of the photo and the URL address where it found the photo.
3. General Disclaimer
Although SITE DOMAIN has attempted to provide accurate information on the Web Site, SITE DOMAIN assumes no responsibility for the accuracy of the information. SITE DOMAIN may change the content at any time without notice. Mention of non-SITE DOMAIN web sites or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL OPINIONS STATED ARE THOSE OF THE INDIVIDUAL AUTHORS AND ARE NOT THE RESPONSIBILITY OF SITE DOMAIN. SITE DOMAIN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE
(ii) Chat room/Bulletin boards
The views expressed in the chat room and bulletin boards are those of the individual user and not those of SITE DOMAIN or its ISP. You are asked not to post messages or E-mails which are abusive, racist, obscene, defamatory, libelous or the content of which is otherwise undesirable, illegal or in breach of any person's rights. We reserve the right, at our full discretion, to remove any such E-mails at any time and without notice to you. Bona fide requests to remove defamatory content will be honoured, although we can give no guarantee to time scale. In light of recent judgments against websites who have broken UK Law surrounding contempt of court you are also requested to refrain from posting speculative information or indeed discussing any ongoing Court cases within the British Isles or the Commonwealth Nations.
(iii) Applicable Law
4. Transmission of Personal Data/User Communications.
Except as required by law, SITE DOMAIN will maintain the confidentiality of all personal information transmitted to SITE DOMAIN by the user. Unless specifically labeled otherwise, any feedback you provide at this Web Site (via feedback forms, E-mails or 'private messages') shall be deemed to be non-confidential and SITE DOMAIN will have no obligation to protect such information and may use such information in any way it chooses.
5. Links to Third Party Sites.
This Web Site contains links to many third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and SITE DOMAIN is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. SITE DOMAIN provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
6. Access to Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Web Site is restricted to authorised users only. Unauthorised individuals attempting to access these areas of the Web Site may be subject to prosecution.