Standard Terms and Conditions

1. Interpretation 

1.1 In this contract unless the context otherwise requires:
"We" and "us" means Info Direct Marketing Ltd.;
"The Price List" means the schedule of charges for the Service contained in our Full Service Details & Prices list;
"Contract" means the agreement between us and you incorporating these conditions, and the Price List;
"You" means the customer we make this Contract with. It includes a person who we reasonably believe is acting with the customer's authority or knowledge;
"Information" means the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Service;
"the Internet" means the global data network comprising interconnected networks using TCP/IP ("Transmission Control Protocol/Internet Protocol");
"Internet Standards" means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;
"Go Live Date" means the date agreed between you and us for the full commencement online of your Service, as agreed by you and us after we have completed the initial set-up and you are satisfied with your website.
"Minimum Period of Service" means a period of 3 months from the "Go Live" date.
"Name" means any name specifically requested by or allocated to you for the provision of the Service including the Domain Name; and
"the Service" means the design, hosting and software of your website on the Internet as laid out in our Full Service Details list which we publish online, including where relevant any other features we may have agreed with you in writing.
1.2 Our Full Service Details & Price List contains explanations, notes and conditions which form part of this Contract.
1.3 These conditions and the Full Service Details & Price List set out the entire agreement between you and us for the provision of the Service.

2. Provision of the service 

2.1 We agree to provide you with the Service on the terms and conditions of this Contract:
2.2 We cannot guarantee that the Service will never be faulty but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault to us by telephone, electronic mail or in writing.
2.3 The Service is accessed via a telecommunications dial-up connection. This Contract does not include the provision of telecommunication services necessary for connection to the Service. You are responsible for making a separate application for the appropriate service and for complying with the conditions applicable to it.
2.4 You are responsible for providing a suitable PC, modem and any other items of hardware or communications equipment necessary to enable you to access the Service.
2.5 We may temporarily suspend the Service for operational reasons, but before doing so will give you as much notice as is reasonably practicable. We will restore the Service as soon as reasonably practicable after temporary suspension.
2.6 We may vary the technical specification of the Service from time to time.

3. Minimum period of service & Deposit

3.1 The Minimum Period of Service begins on the "Go Live" date and is for three calendar months.

4. Charges 

4.1 You agree to pay all charges for the Service as specified in the Price List.
4.2 Unless otherwise specified, all charges are payable in advance. Unless we notify you to the contrary, liability for charges will start on the "Go Live" date.
4.3 Unless the Price List provides otherwise, all charges for the Service are exclusive of Value Added Tax which you must also pay to us.
4.4 We reserve the right to vary any of the charges for the Service at any time but we will give you 14 days notice before the new charges become effective.
4.5 In rare cases a website may be using server resources to such an extent that it may jeopardise server performance and resources for other customers. When a website is found to be monopolising the resources available you will be contacted in order to discuss the situation. If no arrangement can be reached, we reserve the right to terminate the Service.

5. Security 

5.1 The creation, maintenance, and deletion of users and their passwords is entirely your responsibility. You are responsible for the security and proper use of all passwords relating to the Service and must take all necessary steps to ensure that all passwords are kept confidential, secure, used properly and not disclosed to other people.
5.2 You confirm and warrant that all the information supplied by you to us is true, complete and accurate in all respects.

6. Use of the service 

6.1 You warrant that the Information will not include any material which is (or the accessing of which) would be a criminal offence or otherwise unlawful. In particular, you warrant that all necessary licences and consents (including those from owners of copyrights or performing rights) have been obtained.
6.2 You warrant that you will comply with all consumer and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which relate to the provision of Information and which apply to you or which we inform you of.
6.3 The Service must not be used:
(a) fraudulently or in connection with a criminal offence;
(b) to send, receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or needless anxiety;
(d) to send unsolicited advertising or promotional material; or
(e) other than in accordance with the acceptable use policies of any connected networks and the Internet Standards. 
6.4 You must not use a Name so as to infringe the rights of any person, (whether in statute or common law), in a corresponding trade mark or name.
6.5 If anyone other than you uses the Service with or without your knowledge or approval in contravention of any of paragraphs 6.1 - 6.4 inclusive we can treat such contravention as a breach by you of this Contract for the purposes of paragraph 8 which shall apply accordingly.
6.6 You must tell us immediately if any third party makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service and you will, at our request, immediately stop the act or acts complained of. You must confirm the details of the claim(s) in writing.
6.7 If we suspend the Service for contravention of any of paragraphs 6.1 - 6.4 inclusive, we will not restore it until we receive an acceptable assurance from you that there will be no further contravention.

7. Restrictions on use 

7.1 The Service is provided solely for your own use. You must not re-sell or attempt to re-sell the Service (or any part or facility of it) to any third party.
7.2 We may give you instructions about the use of the Service concerning health and safety, or the quality of the Service to other customers. Such instructions form part of this Contract and you agree to observe them.

8. If you break this contract 

8.1 In addition to anything else we can do, we can suspend the provision of the Service to you or end this Contract (or both) with immediate effect on giving you notice if: 
(a) you break any provision of this Contract;
(b) resources are being monopolised as detailed in paragraph 4.5;
(c) we believe the Service is being used in a manner prohibited under paragraphs 6 or 7.1 even if you are unaware that the Service is being used in such a way;
(d) any charges for the Service are unpaid or rejected; or
(e) bankruptcy or insolvency proceedings are brought against you or if you do not make any payment under a judgement of a Court on time, or a receiver or administrator is appointed over any of your assets or you go into liquidation.
8.2 If we end this Contract under paragraph 8.1 you must pay us all charges which are due for the Service under this Contract, including any unpaid charges for the remainder (if any) of the Minimum Period of Service.
8.3 You will continue to be liable to pay all charges due for the Service during any period in which you fail to comply with this Contract, including for any period when the Service is suspended.
8.4 If we delay in acting upon a breach of this Contract by you, that delay will not be regarded as a waiver of the breach. If we waive a breach of this Contract by you, that waiver is limited to the particular breach.

9. Ending the contract after the service is provided 

9.1 At any time after the Service has been provided this Contract or the provision of any service or facility under it may be ended by: 
(a) 1 month's notice from us to you; or
(b) 7 days notice from you to us.
9.2 If we give notice you agree to pay the charges for the Service up to the expiry of the notice.
9.3 If you give notice you agree to pay charges for the Service until the expiry of the notice. Unless you give notice because we intend to change any of the terms and conditions of this Contract to your detriment, you must also pay the charges due for any remaining part of the Minimum Period of Service.
9.4 Notice given by you does not avoid any other liability for the Service already provided.
9.5 If we give notice to end the Service under paragraph 9.1 we will repay or credit the appropriate proportion of any charges for the Service which you have paid in advance for a period ending after the notice expires.

10. Name

10.1 You confirm and warrant that you are the owner of or that you are duly authorised by the owner to use any trade mark or name requested or allocated as your Name.
10.2 You acknowledge that we cannot guarantee that any Name you request will be available or approved for use.
10.3 We reserve the right to require you to select a replacement Name and may suspend the Service if, in our opinion, there are reasonable grounds for us to believe that the your current choice of Name is, or is likely to be, in breach of the provisions of paragraph 6.4.
10.4 The contract for the registration of your domain name is between you and the appropriate Naming Authority, with us acting as your agent.
10.5 You are bound by the terms and conditions of the appropriate Naming Authority.

11. Liability 

11.1 Although you may use the Service to link into other Internet networks, we cannot be and are not responsible in any way for any telecommunications systems or networks which we do not operate.
11.2 You acknowledge that we have no control over the information which can be accessed by using the Service and that we do not examine the use to which customers put the Service or the nature of the information they are sending or uploading. We exclude all liability of any kind for the transmission or reception of such information of whatever nature.
11.3 We exclude all liability of any kind for the Information or any other material published or otherwise made available by you or any other person on your web site.
11.4 We are not liable whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication services or for faults in or failures of their apparatus.
11.5 We are not liable in contract, tort or otherwise (including liability for negligence) for loss whether direct or indirect of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatever.
11.6 Our liability in contract, tort or otherwise (including liability for negligence) under or in connection with this Contract is limited to £ 250,000 for any event or related series of events and £ 500,000 for all events in any period of 12 months.
11.7 Each provision of this paragraph 11 operates separately in itself and survives independently of the others.

12. Indemnity 

You must indemnify us against any claims or legal proceedings arising from the use of the Service under this Contract (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) which are brought or threatened against us by another person.

13. Variation of Terms and Conditions 

We may change the terms and conditions of this Contract at any time and we will give you 14 days notice of such changes before they take effect.

14. Assignment 

You are not allowed to transfer or attempt to transfer this Contract in whole or in part.

15. Matters beyond our reasonable control 

If we cannot do what we have promised in this Contract because of something beyond our reasonable control such as lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind (including those involving our employees), we will not be liable for this. 

16. Giving notice 

Notices given under this Contract may be given on-line by electronic mail using the Service, or in writing and delivered by hand or pre-paid post to the addressee at the following address:
16.1 To us: Info Direct Marketing Ltd., Unit 12 Greenacres, Read, Burnley, Lancs. BB12 7PT or any alternative address which we notify to you at any time.
16.2 To you: the address you specify when registering for the Service any alternative address which you notify to us at any time or, if you are a limited company, your registered office.

17. Software 

17.1 Intellectual property rights in all software and documentation supplied by us for your use in connection with provision of the Service remain our property or that of our licensors.
17.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 you must not and must not permit any other person to: 
(a) disassemble, reverse engineer, decompile or in any other way interfere with the software;
(b) copy or modify the software; or
(c) create any new software partly or wholly based on the software.
17.3 Subject to the terms of this Contract, you may use the software and associated documentation on a non-exclusive basis, but only to the extent necessary for you to access the Service.
17.4 You must not transfer, assign or sub-license your right to use the software or attempt to do so.
17.5 You agree to comply with the terms of any agreements reasonably required by the owners of any intellectual property rights in such software relating to the protection of those rights.

18. Law/Jurisdiction 

This Contract is governed by English Law and you and we submit to the exclusive jurisdiction of the English courts.