Introduction
For the purposes of this agreement, 'A4Internet' refers to 'A4 Internet ltd', a registered UK company, Company No. 4273631. This Agreement constitutes the entire agreement between the Customer as an authorised user and A4Internet ltd and by using A4Internet's services, the Customer accepts, and agrees to be bound by, this Agreement.
Agreement to Terms and Conditions
This Agreement takes effect on the date on which the Customer first uses or tests services provided by A4Internet or when the Customer pays for their services, whichever is the earliest. From time to time, it will be necessary to update the terms and conditions. We undertake to give the Customer, wherever possible 7 days notice of any change and the Customer agrees to be bound by the new terms and conditions by their use of the system after the implementation date for them. We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of our computer system(s). Should the Customer find any new terms and conditions unacceptable, then the Customer will be granted a refund of any unexpired part of their subscription and the Customer agrees that, save for this refund, the Customer will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of their subscription.
Information Provided by the Customer
The Customer warrants that the name, address and payment information that the Customer provides when the Customer first uses any A4Internet service is correct, and the Customer agrees to notify A4Internet of any changes in name, address and/or payment details. The Customer agrees that A4Internet may disclose the Customer's name and address where there is any complaint about the content of the Customer's pages or in relation to goods or services advertised there.
The Customer warrants that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use A4Internet's services in accordance with this Agreement.
The Customer agrees to be responsible for the use of A4Internet and to comply with their responsibilities and obligations as stated in this Agreement.
Usage
A4Internet will not monitor the contents of the Customer's pages. Files that the Customer uploads to their web pages are subject to withdrawal without notice by A4Internet upon complaint about their content where A4Internet at their sole discretion deem this necessary.
The Customer warrants the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which they place on their web pages.
The Customer warrants that they are authorised to promote any information which they do so on their web pages (for example if the Customer is providing financial information, that they hold any necessary authorisation under the Financial Services Acts etc).
The Customer agrees to keep secure their A4Internet identification, password and other confidential information relating to their account, if they have been supplied with such information.
A4Internet cannot guarantee that the system will never be infiltrated by unauthorised users. The Customer's data may not be secure against such infiltration and the Customer assumes that risk. If the Customer finds evidence of infiltration, please inform A4Internet and steps will be taken both to try and prevent it and to notify the proper authorities.
The Customer is personally responsible for the use of their account and the secrecy of their password. If the Customer is a corporate user then the company is also responsible, together with the individual using the account. In addition, the Customer is deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using the correct account ID and password. The Customer must also inform A4Internet immediately if someone steals their password or if they find someone else is using their ID. The Customer agrees to co-operate with A4Internet and the police concerning any legal action taken arising from the misuse of the Customer's account by anyone else.
The Customer is entirely responsible for the content of their web pages. The Customer may not, under any circumstances, use A4Internet to do any of the following:
Terms & Conditions – continued
If the Customer posts a defamatory message, it is the Customer that publishes it and the Customer who will be liable for the consequences of it. The Customer will also be liable for A4Internet's reasonable legal costs incurred in defending any defamation or libel action caused by the Customer's page content and the Customer agrees to indemnify A4Internet for any damages which are awarded against A4Internet by a court of law or which A4Internet pays as a result of settling such an action upon Counsel's advice. The A4Internet network may only be used for lawful purposes by the Customer. The Customer acknowledges that A4Internet is unable to exercise control over the content of the information passing over the A4Internet connection, and A4Internet shall not be liable for any posting, transmission or reception of information which infringes any UK law or regulation or which infringes any third party rights. Such posting, transmission or reception is strictly prohibited. A4Internet cannot guarantee the availability of the service and reserves the right to suspend or terminate the service at any time.
Termination
A4Internet may terminate the Customer's subscription at any time, with or without cause, upon reasonable notice. Where A4Internet terminates the Customer's subscription with cause, or the Customer terminates their subscription, the Customer will not be entitled to any refund of any unused part of their subscription.
A4Internet expressly reserves the right to terminate or suspend the Customer's subscription without prior notice should the Customer fail to comply with these Terms and Conditions or fail to pay an invoice in full as in the stated payment terms as displayed on the invoice or should A4Internet deem such action necessary to protect A4Internet and in such circumstances A4Internet will confirm such termination or suspension by subsequent notice. Save for any refund of unused parts of the subscription as above, the Customer will not be entitled to any compensation whatsoever in the circumstances of termination and A4Internet will not be liable for any consequential loss whatsoever in relation to termination of the Customer's account in any circumstances. After termination of the Customer's account, A4Internet may, if they deem it applicable, at their sole discretion, post a redirection to any new URL should the Customer desire this.
A4 Internet will not tolerate abuse to our staff or clients physical, written or verbal. A4 Internet will suspend/terminate our agreement and services without hesitation.
Use of Material for Advertising
A4Internet will not distribute web pages outside A4Internet without the subscribers consent but may include information about them in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and the Customer agrees that files which they have uploaded to A4Internet may be used in such manner and for such purposes.
Charges
The Customer agrees to pay all charges for their use of A4Internet hosting services at the prices in effect at the beginning of their subscription period or the anniversary thereof. In some cases, an administration charge may apply. All web pages, scripts, databases, graphics or other digital products created by A4Internet remains the property of A4Internet until payment for such products is received in full. In certain circumstances A4Internet will allow the customer to have an agreement to use a script owned by A4Internet whilst the customer remain hosted on A4Internet servers. A4Internet reserve the right to remove digital content from the Customer's web space or suspend or cease any of the services which coincide with the domain or hosting of the domain (these include email forwarding, web server statistics and FTP access) if payment is not received during this time. A4Internet reserves the right to change prices or institute new charges for use of A4Internet at any time. Any prices agreed through a formal quotation are valid for 30 days from the date of that quotation.
Advertising on an A4Internet hosted web site
If the Customer advertises or offers to sell goods or services via their web pages, they undertake to provide goods in
conformity with any description and warranties made. The Customer agrees to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc.. If the Customer is advertising goods in the course of a trade or business this must clearly be so stated.
Exclusion of Warranties and Limitation of Liability
A4Internet and all A4Internet services are provided "as is," and A4Internet make no express or implied representations or warranties to the Customer regarding the usability, condition or operation thereof. A4Internet will at all times use best endeavors to attempt to maintain an uninterrupted and error-free service, however A4Internet make no representations or warranties regarding the services provided by them and do not warrant that use of A4Internet will be uninterrupted or error-free, or that A4Internet services will meet any particular criteria of performance or quality. A4Internet will at all times use best endeavors to attempt to maintain and safeguard the Customer's data on its system however A4Internet accept no responsibility for any loss or damage to data or the loss thereof. A4Internet expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy. The Customer's use of A4Internet services is at their own risk. The Customer accepts full responsibility for such use and the risk of any loss resulting from their use of the system and the content of their pages. The Customer also accepts full responsibility for safeguarding their own data. Notwithstanding contrary clauses in this Agreement, in the event that A4Internet are deemed liable to the Customer for breach of this Agreement, the Customer agrees that A4Internet's liability is limited to the amount actually paid by the Customer for their subscription. The Customer hereby releases A4Internet from any and all obligations, liabilities and claims in excess of this limitation.
Responsibility
We are not responsible for anything posted on the system (except by one of our staff) and the Customer agrees by using the system that A4Internet will not be liable for any possible damages or losses incurred in connection with the use of the system, even if A4Internet have been advised of this possibility and the Customer hereby waives any claims with respect thereto and the Customer agrees to indemnify A4Internet and hold A4Internet harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of the Customer's actions on the system or materials or information transmitted by the Customer in connection with the system. This means the Customer may have to pay A4Internet where claims are made against us or our system by other callers or third parties. The Customer agrees to indemnify A4Internet from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of the Customer's web pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever. A4Internet will notify the Customer promptly of any claim for which A4Internet seeks indemnification at the currently supplied address. A4Internet will afford the Customer the opportunity to participate in the defence of such claim, provided that the Customer's participation will not be conducted in a manner prejudicial to A4Internet's interests, as reasonably determined by A4Internet and/or their lawyers. Notices to A4Internet may be sent by the Customer to A4Internet's electronic-mail address, office@A4Internet.co.uk, or conventional mail and must be confirmed via conventional mail.
A4 Internet Ltd has no control over the services or level of services provided by other companies or industries, namely: printers, other hosting organisations, domain name registration companies or registrars, magazines, previous design agencies or departments, and therefore cannot be held responsible for changes or issues arising outside of our control or network capacity.
General Terms and Law
A4Internet reserves the right to do normal system housekeeping such as creating back-ups AND do not accept responsibility for ensuring back up works - the Customer's data security is their own responsibility. A4Internet cannot guarantee that any Search Engine will index or list any web pages or web sites that are submitted to them by A4Internet. A4Internet cannot guarantee that the customer will receive any email, online orders, bookings, visitors, and so forth to their web pages or web site. If A4Internet suspect illegal activity, we may notify the authorities and reserve the right to do anything on the system deemed necessary to protect our system. The Customer acknowledge that no joint venture, partnership, employment, or agency relationship exists between the Customer and A4Internet as a result of their use of A4Internet. The Customer agrees not to hold themselves out as a representative, agent or employee of A4Internet. The Customer agrees that A4Internet will not be liable by reason of any representation, act or omission to act by the Customer. A4Internet's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of A4Internet's right to comply with law enforcement requests or requirements relating to a Customer's use of A4Internet or information provided to or gathered by A4Internet with respect to such use.
Severability
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
Privacy Statement
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service. A4 Internet will not distribute, offer or share this information to any other third party whatsoever unless required to do so by a legal obligation.
We may contact you by email from time to time regarding service information which you need to be aware of. This can include service renewals, upgrades or additional services which may benefit your existing service agreement with A4 Internet.
The type of information we will collect about you includes:
We will never collect sensitive information about you without your explicit consent.
We DO NOT collect any information about the usage of your site, other than the statistical data referring to traffic volumes and visitor details as included in our statistics offering.
The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us at info@a4internet.com If you find any inaccuracies we will delete or correct it promptly.
The personal held by A4 Internet, will be held securely, in accordance with our internal security policy and the law.
If you have any questions/comments about this privacy statement, you should email us at info@a4internet.com
Entire Agreement
This Agreement constitutes the entire agreement between A4Internet and the Customer with respect to the Customer's use of A4Internet and the A4Internet subscription, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between A4Internet and the Customer with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.
A4 Internet Ltd and The Website Shop - All Rights Reserved.
174 Battersea Park Road, London, SW11 4ND / tel: 0845 108 0411
All prices displayed on our website exclude VAT
