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- All clients are
informed that these Terms and Conditions are contained on our web site.
USING ANY OF PENN-ONLINE LTD, INTERNET SERVICES, CONSULTANCY SERVICES
AND PROGRAMMING SERVICES SIGNIFIES YOUR ACCEPTANCE OF OUR TERMS AND
CONDITIONS BELOW.
- Unless specifically
varied in the Penn-Online Ltd Contract of Appointment or otherwise in
writing by Penn-Online Ltd, the following payment terms shall apply:
Invoices will be rendered calendar monthly and/or on completion of the
services provided and will be due for payment
strictly within 14 days of submission to receipt of payment.
- It is standard
practice that Penn-Online Ltd may require an advance or "staged"
payment of a proportion of the estimated fee (normally one third
of the original estimate) to be paid prior to commencement of work on
account of expenses likely to be incurred.
- Should the working
period exceed two weeks, a second "staged payment" may be
required at this time.
- The third and final
staged payment is due on completion of the project. This will be adjusted
to account for any variation from the original estimate.
- All fees quoted
are subject to review and adjustment by Penn-Online Ltd.
- In the event that
full payment is made later than required by Condition 2. hereof or if
only partial payment is made, Penn-Online Ltd may at its absolute discretion
charge for administration costs and interest on any monies owed at either
the rate of 2% interest per month or at the annual rate of 7% above
the base rate published from time to time by HSBC Bank plc, whichever
is the greater rate, calculated weekly and compounded monthly. If payment
for domain and hosting services is not made within forty days of the
due date, the services will be withdrawn and a £25.00 reconnection
fee will be levied. Services will not be restored until all outstanding
Invoices are settled.Failure
to apply such charges does not constitute a waiver of the option so
to charge.
- Penn-Online Ltd
reserves unto itself the right to withdraw its services at its entire
discretion, particularly in the event of any failure
to pay its pro-forma accounts and invoices or, where the Client
makes its own arrangements for provision of storage space with an Internet
Service Provider, if the Client does not make available or continue
to make available server storage space to Penn-Online Ltd. Upon such
withdrawal of its services, Penn-Online Ltd shall be under no liability
whatsoever to the Client for any costs, losses and damages, howsoever
arising, that the Client may incur of may have incurred.
- It is hereby agreed
between Penn-Online Ltd and the Client that where Penn-Online Ltd withdraws
its services pursuant to Condition 7. hereof, Penn-Online Ltd may remove
any material stored upon any computer or server and shall retain, and
shall not be under any obligation to return or provide access to, any
and all documents, papers, etc. belonging to the Client until payment
is made in full of all Penn-Online Ltd pro-forma accounts and invoices.
- Copyright in all
documents, papers, etc. prepared or caused to be prepared by Penn-Online
Ltd or its Consultants is expressly reserved by Penn-Online Ltd.
- The Client agrees
that Penn-Online Ltd may use The Clients name and web site for the purposes
of promoting Penn-Online Ltd and its services. Penn-Online Ltd agrees
in turn not to misrepresent The Client by such promotion.
- The Client agrees
that Penn-Online Ltd may place links from the Clients website to Penn-Online
Ltd own website and vice versa.
- The Client shall
indemnify and save harmless Penn-Online Ltd against any claims that
may arise out of the content or nature of the material stored upon any
computer or server or which may be prohibited or protected by laws of
any country or state relating to copyright, confidentiality or intellectual
property.
- Our helpline services
are offered for the benefit of our account clients only.
- Although we will
endeavor to provide a helpline service which is accessible during office
hours, as a small company we cannot guarantee to be available during
this time. Also, due to pressure of work we can not guarantee immediate
solutions to clients computer problems. However, we will try to ensure
that all client queries are responded to within 24 hours.
- We cannot guarantee
to provide support for an unlimited number of OS versions or programmes
by all manufacturers. The Client will always be informed if we do not
support a particular programme. However, we are prepared to do our best
to suggest procedures which might or might not work with unsupported
programmes.
- Penn-Online Ltd
is not responsible for loss or damage to The Clients equipment or data
stored thereon due to advice taken by The Client from Penn-Online Ltd.
However, Penn-Online Ltd will, at its discretion, seek to provide solutions
should such loss or damage occur.
- These Terms and
Conditions are alterable by Penn-Online Ltd without notice in as far
as they are published on the Penn-Online Ltd web site.
- Dialup accounts
are for The Clients personal use only. You are responsible for maintaining
the confidentiality of the Integral username and password and are fully
responsible for all activities which occur under them. Other users of
your username and password shall be bound by these terms and conditions
as if they were you. You agree to immediately notify us of any unauthorized
use of your username or password or any other breach of security of
which you become aware.
- Data
stored on our servers is not guaranteed to be backed up. It is
recommended that The Client keep an independent backup of important
data. The Client should always keep a copy of their site stored on their
computer once the project has been completed.
- You
shall be responsible for keeping your own copies of all content published
by you in connection with Penn-Online Ltd. We will not be responsible
for any file recovery or for files lost by you.
- The Client will
be responsible for the content of your pages, including obtaining the
legal permission for any works they include and ensuring that the contents
of these pages do not violate any laws.
- The Client will
be held responsible for and accept responsibility for any defamatory,
confidential, secret or other proprietary material available via The
Clients page(s).
- We reserve the
right to remove material deemed inappropriate from The Clients web pages,
without prior notice.
- All Hosting Accounts
are payable yearly in advance.
- Subscription to
all email and webspace products is for a minimum of 12 months.
- The Domain Name
Registration fee is payable on registration. No fees are charged for
failed registrations. Domain Name Registration fees are non-refundable.
- Penn-Online Ltd
reserves the right not to release or transfer Domain Name tags until
all accounts have been settled in full.
- Failure to pay
The Domain Name Registration fee will result in the domain name being
released for others to purchase.
- Bulk registration
of Domain Names for the purpose of profit is not allowed using our service.
- These Terms and
Conditions are governed by and subject to English Law.
- We make no warranty
that services provided by Penn-Online Ltd will meet your requirements
or will be uninterrupted, timely, secure or error-free.
- No warranty is
given by us as to results that may be obtained or the accuracy of any
information obtained through Penn-Online Ltd.
- We make no warranty
regarding any goods or services purchased or obtained through Penn-Online
Ltd or any transactions entered into through Penn-Online Ltd.
- You acknowledge
that we have no control over the information which can be accessed by
using Penn-Online Ltd' service and that we do not examine the use to
which you or other users put our Services or the nature of the information
you or they are sending or uploading. We therefore exclude all liability
of any kind for the transmission or reception or such information of
whatever nature.
- 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 any web site
you establish using Penn-Online Ltd's services.
- You agree that,
except for death and personal injury arising from our negligence, we
shall not be liable in contract, tort, negligence, statutory duty or
otherwise, for any loss or damage whatsoever arising from or in any
way connected with this contract, including, without limitation, damage
for loss of business, loss of profits, business interruption, loss of
business information, or any other pecuniary loss (even where we have
been advised of the possibility of such loss or damage).
- You agree to: provide
true, accurate, current and complete information which you are required
to provide when you register as a User of Penn-Online Ltd and notify
us immediately of any changes to the User Information.
- You agree not to
impersonate any other person or entity or to use a false name or a name
that you are not authorized to use.
- We reserve the
right to terminate your account (including user name and password) if
any User Information is untrue, inaccurate, out-of-date, incomplete
or if you breach our acceptable use policy.
- Any personal details
to be provided to us will not be disclosed to third parties without
your consent.
- You are responsible
for procuring the necessary equipment and the payment of telephone charges
necessary to access Penn-Online Ltd's service.
- We reserve the
right to: modify
or discontinue, temporarily or permanently, Penn-Online Ltd Internet
or the Services with or without notice to you and you confirm that we
shall not be liable to you or any third party for any modification to
or discontinuance of Penn-Online Ltd's services.
- We reserve the
right to refuse access to our Servers.
- Any Client wishing
to cancel or transfer their domain names must do so in writing at least
forty days prior to the renewal date for a .co.uk domain and sixty days
for a .com or other international domain.
- Any domains cancelled
within forty days (.co.uk) or sixty days (.com or other domain) of renewal
period will be deemed as renewed and will be invoiced accordingly.
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