Last updated: July 2006
These are our standard trading Terms and Conditions. They do not affect your statutory rights. Please read them carefully.
WE RESERVE THE RIGHT NOT TO PROVIDE ANY OF OUR SERVICES TO ANY CLIENT/CUSTOMER FOR ANY REASON
You indemnify Vikatec for any losses it suffers as a result of such acts or
omissions that cause any loss.
WE RESERVE THE RIGHT TO SUSPEND, CANCEL AND OR STOP YOUR SERVICES AT ANY TIME IF
YOU ARE IN BREACH OF ANY OF OUR TERMS OR 3RD PARTY TERMS. IT IS YOUR
RESPONSIBILITY TO RESOLVE ANY ISSUES YOURSELF, SERVICE WILL NOT BE REINSTATED
WHILE ANY BREACH IS OUTSTANDING. IN MANY CASES WHERE THE BREACH INVOLVES
TRADEMARK OR COPYRIGHT ISSUES WE WILL NOT REINSTATED SERVICES UNTIL ALL
PARTIES INCLUDING OUR SERVICE PROVIDERS, AGREE. WE MAY DECIDE NOT TO REINSTATE
ANY SERVICE AND CANCEL YOUR ACCOUNT. WE OFFER NO LIABILITY FOR ANY LOSSES
THAT RESULT FROM ANY BREACH OR AS A RESULT OF ACTION TAKEN TO PROTECT VIKATEC,
INCLUDING BUT NOT LIMITED TO STOPPING YOUR WEBSITE AND OR EMAIL SERVICES.
For our other Terms and Conditions, Policy’s and guides, please read the following:-
- Terms and Conditions that apply to all transactions on this website, click here.
- Privacy Policy and your data protection rights, click here.
- Delivery & Installation terms, click here.
- WebSite Security, Safe and secure shopping with Vikatec online, click here.
- Vikatec Limited 2006, Terms of Use, click here.
You should print a copy of these Terms and Conditions to keep for future reference.
THESE TERMS AND CONDITIONS
Important Terms: Domain Name and website transactions:
All payments must be in UK Pounds Sterling. If your cheque is returned by the bank
or marked as unpaid for any reason, you will be liable for an administration charge of £25.
After 21 days of the payment due date, we reserve the right to cancel any service.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you
ALL FEES ARE NON-REFUNDABLE , IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. We reserve the right to change fees, surcharges, renewal fees at any time, for any reason, at
our sole discretion, without prior notice to you.
Due to the nature of domain name registration, all sales are final. No refunds can be issued once a domain name is registered.
You are solely responsible for ensuring the Services are renewed. WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW
ANY SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE
SERVICES OR HSBC PAYMENT ISSUES.
For all global domain name registrations (.COM, .NET, .ORG) you are entering into an agreement with ADVANTAGE INTERACTIVE LTD. ("ADVANTAGE INTERACTIVE LTD") a registrar accredited by ICANN (Internet Cooperation for Assigned Names and Numbers) to directly register global domain names. To view their terms and conditions
http://www.advantage-interactive.com/reg_agreement.html
For all email and website hosting - you agree to these Terms and Conditions from Donhost, The Acceptable Use, must be followed or your website and or Email will be shut down, in some cases without prior warning,
http://www.donhost.co.uk/about/acceptable-use
http://www.donhost.co.uk/about/general-terms
We reserve the right to cancel any or all parts of the services we provide to
you if for any reason you bring our company name into disrepute, or do not
follow all the terms and conditions on website usage.
You must not bring us in to any litigation between you and a 3rd party, we will
suspend and or stop any services if this happens without notice.
All services we provide have additional 3rd parties providing the hosting, name registration and related services, if any of these services are stopped or suspend for any reason to do with you, your website and or related services then we offer no liability if you have not follow all the terms and conditions, which include anything to do with copyright, trademarks and any other breach,
IF ANY OF THE TERMS ARE NOT FOLLOWED WE WILL TELL YOU WE ARE TO CLOSE YOUR ACCOUNT AND YOU WILL HAVE A SHORT TIME TO MOVE YOU SERVICES AWAY,
WE RESERVE THE RIGHT TO CANCEL ANY SERVICE TO ANY CLIENT AT ANY TIME WITHOUT NOTICE, WHEN ANY OF OUR TERMS OR THE 3RD PARTIES TERMS ARE NOT FOLLOWED.
YOUR WEBSITE SERVICES CANCELLED, STOPPED OR SUSPENDED
WE WILL CLOSE, STOP OR SUSPEND YOUR SERVICES DUE TO ANY TRADEMARK, COPYRIGHT OR
TERMS & CONDITIONS ISSUE AT OUR DISCRETION TO PROTECT OUR GROUP
WE WILL NOT GET INVOLVE IN ANY ACTION BETWEEN YOU AND A 3RD PARTY WITH COPYRIGHT
OR TRADEMARK CLAIMS, WE WILL SUSPEND, CLOSE YOUR SERVICES UNTIL SUCH TIME THAT
YOU AND THAT PARTY GET RESOLVED,
Without prejudice to its other rights and remedies, Vikatec may at its sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:
SOME REASONS WHY WE WILL STOP YOUR SERVICES ARE:
1: any issue by any competent authority of an order which is binding on Vikatec
which affects the Services;
2: as a result of any legal implications put on us in order to limit the company’s liability;
3: any breach by the Client or its employees, agents or subcontractors of the Agreement;
4: Any case for us to close or stop the services due to copyright or trademark issues;
5: in the event that any of the 3rd party services we use stop, suspend or cancel the account you are using for any reason;
6: if the Client fails to pay any Fees or any other sums owing to Vikatec by the Client when they fall due;
7: if an event occurs and Vikatec deem it to be appropriate to terminate the Agreement;
8: failure by the Client to adhere to any of the provisions outlined in Vikatec's acceptable usage policy;
9: The Client warrants that the Client Materials will be accurate in all material respects and will not knowingly include material which is illegal, the accessing holding transmitting or supplying of which would be a criminal offence or which is otherwise unlawful or in breach of any applicable law or code of practice applying to such materials. In particular, the Client warrants that all necessary licences, consents and waivers (including those from rights owners, performers and other contributors) are obtained and paid for by the Client. Without prejudice to the foregoing, Vikatec may decline to use any Client Materials on any reasonable grounds.
10: if you do not adhere to all third party's terms and Conditions which result in services being stopped or suspended;
Ad Keys and Marketing:
All ads done by us are on the behalf of clients and it is their 100%
responsibility to check and remove any search keys they do not want to use, this
includes checking trademarks, copyright and goodwill issues, WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION
WITH YOUR AD CAMPAIGNS.
We do not have knowledge of other businesses and their copyright, trademarks or trading names or goodwill names, so it is down to you (the client) to make sure non are being using in any way by your website, ads or other marketing,
TRANSFERRING DOMAINS:
You acknowledge and agree that any request for transfer will be can not be made
within the first sixty (60) days of domain registration, and is subject to an
admin fee of £25+vat per name to be transferred.
Any charges by the new registrar are between the domain owner and the new
registrar - any fees paid to us are in no way to do with any other 3rd parties
unless stated by us.
The transfer of a domain name to another registrar or a new registrant by the existing registrant may result in any services associated with the domain name being terminated.
You agree that, if you are using the Services for someone else or moving the
domain for a client, then you represent and warrant that you have: (1) provided notice to that third party of your intent to purchase the Service(s);
(2) obtained that third party's express consent to purchase the Service(s) on its behalf; and
you accept liability for harm caused by wrongful use of the Services.
SERVER DOWN and LOST OF SERVICE:
The up time of our servers is high but can be down from time to time. In the
even of a server going down and cannot be fixed, all data will be lost, it is
your responsibility to make sure that any data is backed up, this includes all
emails, website pages, databases and any other online content, we offer no
liability for lost data due to machine error.
No guarantee or liability is given that any online data will not be lost if a
machine goes down.
Backup Service:
We can offer a backup service that will backup your website pages, email, user
details and database, this is an additional service and is not part of or
included in any other service. If you take this service then we will do
daily backups of your hosting account, and in the event of the machine/server
going down a backup can be put back on, this service is subject to the backup
working, in the event that it is damaged as well then no data can be restored.
We can not guarantee that the backup will work and that your data is safe, you
should make your own backups.
Other Important Terms:
| 1. | These Conditions shall apply to all contracts between us to the exclusion of any other conditions. |
| 2. | Whilst we shall endeavour to adhere to any particulars shown overleaf or otherwise presented to or by us, we reserve the right to make any change in them which does not impair function or performance. |
| 3. | Each of your orders constitutes a separate account and shall be invoiced to you accordingly. Any default by us in relation to any order shall not entitle you to exercise a right of set off or to treat any other order as cancelled. |
| 4. | Any quotation is based upon current rates for labour and materials and we reserve the right to increase our charges to reflect any increase in such rates from the date hereof up to the date of completion of the work. Quoted prices are exclusive of VAT and any other duties or tax unless otherwise clearly stated. |
| 5. | Any quotation is valid for period of [one] month (30 days) only from the date hereof, but it is not an offer and is subject to our receipt and acceptance of your written confirmation. |
| 6. | We shall replace any defective or damaged products and re-execute any faulty work with all due despatch provided that such defect damage or fault is reported to us in writing within [21] days of delivery or execution or at our option we shall refund the contract price |
| 7. | Where we supply products that we have produced or imported into the UK we do not seek to exclude liability for death, personal injury or damage to personal property under the Consumer Protection Act 1987 resulting from defective or damaged products |
| 8. | Subject to any other express provision of these Conditions and save for death or personal injury arising from our negligence, we shall not incur any further or consequential liability whether in contract, tort, or under the Consumer Protection Act 1987 and whether under statute or common law. |
| 9. | We shall endeavour to meet any deadlines agreed between us but in the event of any delay howsoever caused this order may not be cancelled and we shall not be liable for any loss or damage thereby arising to you. |
| 10. | When we are executing installation, repair or maintenance work, at your own cost you shall provide us and our employees and agents with (a) full and free access, at all reasonable times by convenient routes, to your premises and uninterrupted occupation thereof and (b) any assistance that we may reasonably request for the purpose of carrying out work. You shall ensure that working conditions on your premises comply with health and safety regulations. |
| 11. | If you fail to comply with Condition 10 above, you shall on demand compensate us for any payments, losses, costs or expenses thereby suffered or incurred by us and indemnify us against any actions, proceedings, liabilities, claims, damages, costs and expenses brought against us by any employee, agent or other third party. |
| 12. | your website & Copyright (images, text, sounds and other media) |
| 13. | You shall pay our total charges within 30 days of the date of the invoice and if payment is not made in accordance with the agreed terms we reserve the right to charge interest on the amount for the time being outstanding at the rate of [2% per month] as well after as before any judgment. |
| 14. | We shall be entitled to exercise a lien over any goods belonging to you in our power, possession, custody or control as security for any charges or other monies due from you to us whether or not invoiced. |
| 15. | Risk of loss or damage to our products shall pass to you on delivery and from such time you shall keep them fully and properly insured with an insurance office of repute against fire, theft, and other usual risks to full replacement value. |
| 16. | No warranty as to our title to patent, copyright, registered design, design right, trade mark, service mark or other intellectual property rights in our products shall be given and no intellectual property rights shall pass to you. You shall not use or deal with our products in such a way as to infringe the intellectual property rights of any third party and shall indemnify us against any actions, proceedings, liabilities claims, damages, costs and expenses in relation to arising out of any such infringement. |
| 17. | Neither legal title to nor beneficial ownership of our products shall pass to you by delivery until they have been paid for in full and other outstanding sums due from you to us have also been paid. Notwithstanding this reservation of title, we reserve the right to maintain an action for the price of our products. Until title has passed you shall:- |
| (a) | You shall store and keep our products as bailee separate and readily identifiable. |
| (b) | You shall not resell the products at a price less than their full invoice value. |
| (c) | You shall resell the products as principal and not as our agent. |
| (d) | Out of any proceeds of resale or insurance, you shall hold on trust for us in a separate designated bank account a sum equal to the full invoice value of our products and shall inform the bank of the existence of the trust. |
| (e) | You shall assign to us any claims against sub-purchasers in respect of our products. |
| (f) | We shall be entitled at any time to enter upon your premises to repossess our products, if necessary by severing them from other products, and thereafter to keep and resell them. |
| (g) | If we repossess and sell our products after they have been combined with other products then we shall account to you for the balance between the sale proceeds and our original price. |
These rights and obligations shall be equally binding against and on any trustee in bankruptcy, liquidator, administrative receiver, administrator or receiver appointed over you. If a company, you shall give us 14 days written notice before taking steps to procure the appointment of an administrator or commence winding up. Nothing in this Condition shall be construed as giving rise now or in the future to a charge over our products. | |
| 18. | In the event of your defaulting in or committing any breach of any of your obligations hereunder or your committing any act of bankruptcy, winding up, any composition or arrangement with your creditors, presentation of a petition in respect of any debt which you appear to be unable to pay or have no reasonable prospect of paying, or the appointment of an administrative receiver, administrator or receiver over all or any of your assets then:- |
| (a) | Notwithstanding the credit period referred to in Condition 12 all monies to become due and payable shall be due and payable immediately. |
| (b) | We shall be entitled to determine this and all other outstanding orders without liability and without prejudice to any of our accrued rights and remedies Provided That any of these Conditions capable of having effect after termination shall continue to have such effect. |
| (c) | Subject to the Insolvency Act 1986, any person having conduct or control over your business or assets shall be required to return our products forthwith notwithstanding that they may have been attached to other products or subjected to a manufacturing process. |
| 19. | Each of these Conditions and each part thereof is separate and severable from any other Condition or part thereof and any invalidity, illegality or unenforceability of any Condition or part thereof shall not impair the enforceability of any other Condition or part thereof. |
| 20. | These Conditions are exhaustive and exclude all other representations or warranties express or implied by statute or common law and may only be varied in writing by signed agreement between us. |
For our other Terms and Conditions, Policy’s and guides, please read the following:-
- Terms and Conditions that apply to all transactions on this website, click here.
- Privacy Policy and your data protection rights, click here.
- Delivery & Installation terms, click here.
- WebSite Security, Safe and secure shopping with Vikatec online, click here.
- Vikatec Limited 2006, Terms of Use, click here.
