Terms and Conditions in general
1. Hull Web Site Designs is a trading name of Aquablue Media .
2. Aquablue Media reserve the right to change or amend these terms and conditions
without prior notice.
Web Site Design
1. Orders are accepted on condition that the wording complies with current legislation
and conforms to the provisions of the British Code of Advertising Practice.
2. Definitions: In this agreement the terms have the following meanings:
· (a) "The Client" means any person, company, partnership,
organisation or body at whose application, Aquablue Media agrees to provide
services under the terms of the agreement.
· (b) "The Agreement" means the contract between Aquablue Media
and the Client to which these conditions will apply.
· (c) "The Order Form" means the digital or printed document
completed by the Client in order to enter the Agreement.
· (d) "Order" is the request by the Client for services in
the order form/agreement
· (e) "Completion of site" means 7 days from the site being
uploaded to a temporary site on the Aquablue Media server for approval by the
Client, without notification from the Client that the site is unsatisfactory.
· (f) "Deliverables" are the outputs of services to be supplied
under the agreement and shall include but are not limited to, all software and
written material, including programs, tapes, listings and other programming
documentation.
3. Scope: This agreement shall apply to all services ordered by the client from
Aquablue Media.
4. Payment: An up front payment of 50% of the total fee is due with order, unless
otherwise agreed. This up front payment is none refundable if the client terminates
the contract for any reason, after design or any other work is undertaken for
the client by Aquablue Media . In all cases full remaining payment is due
upon completion of site. Whilst any payment due under the agreement remains
outstanding, Aquablue Media shall be entitled at its sole and absolute discretion
to withhold provision of any goods or services it would otherwise be obliged
to provide under the agreement.
All payments must be made by cheque, bankers draft or money order in pounds
sterling.
5. Liability: Aquablue Media hereby excludes itself, its Employees and or Agents
from all and any liability from:-
· Loss or damage caused by any inaccuracy;
· Loss or damage caused by omission;
· Loss or damage caused by delay or error, whether the result of negligence
or other cause in the production of the web site;
· Loss or damage to clients' artwork/photos, supplied for the site. Immaterial
whether the loss or damage results from negligence or otherwise. 6.1 Copyright
of delivered web site: Any web page, design or entire site designed by Aquablue
Media carries a copyright, and cannot be reproduced without written consent.
This includes all text, graphics, HTML and all other software source code as
well as compiled software.
6.2 Copyright of supplied artwork, etc.: The placing of an order by the Client
or other Person/Agency on behalf of the Client constitutes a guarantee that
all necessary authority and copy right permissions have been obtained in respect
of the artwork, design and photographs, for use in the advertisement. The Advertiser/Customer/Client
must indemnify Aquablue Media in respect of all actions; proceedings; costs
demands and claims arising from any such breach.
7. Precautions: Advertisements (including web sites constituting advertisements)
must comply with the Business Advertisements (Disclosure) Order 1997 and the
Trade Descriptions Act 1968.
8. Links Disclaimer: All links made available within web sites designed by Aquablue
Media are provided as a convenience to our users.
We do not have control, exercise no responsibility and make no representations
regarding the accuracy or any other aspect of the content/information found
or used on visiting any other third party website. The provision of a link to
a third party website should not be considered as an express or an implied endorsement
by us of any content/information, products/services that may be available to
you, or through, the third party.
9. Delivery: on completion of work, the deliverables will be uploaded to the
client area of Aquablue Media Server for approval. Upon written or electronic
approval by the client, the deliverables will be uploaded to the client's hosting
area. Where the client's site is being hosted by a third party, Aquablue Media
reserve the right to delay uploading of deliverables until full payment has
be received.
10. Acceptance of Conditions: The placing of an order will confirm acceptance
of the aforementioned conditions. Conditions stipulated on our Order Form shall
be regarded as void, if they are in conflict with our conditions.
11. Law: These conditions and all other express terms of contract shall be governed
and construed in accordance with the laws of England.
12. Severability: In the event any one or more of the provisions of this Agreement
and/or Order Form shall be held to be invalid, illegal or unenforceable, the
remaining provisions of this Agreement and/or Order Form shall be unimpaired
and the Agreement and/or Order Form shall not be void for this reason alone.
Such invalid, illegal or unenforceable provision shall be replaced by a mutually
acceptable valid, legal and enforceable provision, which comes closest to the
intention of the parties underlying the invalid, illegal or unenforceable provision.
Web Site Hosting
1. Aquablue Media provides web hosting to several clients. Aquablue Media are
resellers for Heartinternet.co.uk, and have a responsibility to protect their interest
as well as a responsibility to protect each client and to provide the best services
available. The following guidelines are designed to ensure these obligations
are met.
2. Web Site Content: All services provided by Aquablue Media may be used for
lawful purposes only. Transmission, storage, or presentation of any information,
data or material in violation of any United Kingdom, United States Federal,
State or City, or any International laws is prohibited. This includes, but is
not limited to:· Copyrighted material;
· Material we judge to be threatening or obscene;
· Material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless Aquablue Media from any
claims resulting from the use of the service, which damages the subscriber or
any other party.
3. Also prohibited are sites that promote any illegal activity or present content
that may be damaging to our servers or any other server on the internet. Links
to such materials are also prohibited.
Examples of unacceptable content or links:· Pirated software;
· Violations of Copyrights;
· Hacker programs or archives;
· Warez sites;
· Hate propaganda.
Aquablue Media will be the sole arbiter as to what constitutes a violation of
this provision.
4. MP3 and other music files: We do not allow the storage or distribution of
MP3
files containing copyrighted music. You may distribute MP3 files of music you
have created.
5. Unsolicited Commercial E-mail (SPAM): Spamming, or the sending of unsolicited
email, from our servers or using an email address or domain that is maintained
on a Hostroute.com machine as reference is STRICTLY prohibited. Any sites using
spam or selling of spam related software or bulk email content will be closed.
Aquablue Media will be the sole arbiter as to what constitutes a violation of
this provision.
6. Limits: bandwidth restrictions apply to our hosted services. Bandwidth allowance
is generous, and varies by hosting plan. Excess bandwidth usage must be paid
for.
7. Uptime guarantee: Aquablue Media resells hosting services from a reputable
and large provider (Heartinternet.co.uk), and is confident in the quality of service Heartinternet.co.uk
provide. However, Aquablue Media can offer no availability guarantee on any
aspect of the hosting service.
8. Billing: is on an annual basis.
9. Cancellation Refunds: We DO NOT refund annual hosting fees for cancelled
accounts.
10. Server Abuse: Any attempt to undermine or cause harm to a server, or customer,
of Aquablue Media is strictly prohibited. Offenders will be prosecuted to the
fullest extent of the law.
11. Hosting provision: Aquablue Media sell hosting plans to clients whose web
sites are managed by Aquablue Media, If the website is just hosted then services
such as updates, alterations, breakdown of any links or other parts or functions
of the web site will be charged at the hourly rate. Aquablue Media does not
sell hosting plans for general use except by prior agreement.
12. Limits of support: Request for technical support must be submitted by email
to support@aquabluemedia.co.uk. While Aquablue Media endeavour to respond promptly
to technical support queries, no guarantee of response can be made. Aquablue
Media provides support with server side problems only. These include non-functioning
of facilities provided with your hosting account and any faults which exist
on the server your site is hosted on. Aquablue Media do not provide support
on how to configure specific email clients (such as Outlook Express), or on
any other client-side issues.
13. Refusal of Service: We reserve the right to refuse, cancel, or suspend service
at our sole discretion.
14. Limitation of liability: your use of Aquablue Media hosting services is
at your
sole risk. All Aquablue Media services are provided on an "AS IS"
basis
Without warranties of any kind, either express, implied, constructive or statutory,
including, without limitation, any implied warranties of merchantability, non-infringement
or fitness for a particular purpose.
Aquablue Media makes no guarantee of availability of service and reserves the
right to change, withdraw, suspend, or discontinue any functionality or feature
of the Aquablue Media service.
In no event will Aquablue Media be liable for any damages, including, without
limitation, direct, indirect, incidental, special, consequential, orpunitive
damages arising out of the use of or inability to use Aquablues site's services
or any content thereon.
This disclaimer applies, without limitation, to any damages or injury, whether
for breach of contract, tort, or otherwise, caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or transmission,
computer virus, file corruption, communication-line failure, network or system
outage, or theft, destruction, unauthorised access to, alteration of, or use
of any record.
The formation, construction and interpretation of this agreement shall be controlled
by the laws of England. The U.N. Convention of Contracts for the International
Sale of Goods is expressly excluded from any interpretation of this Agreement.
Any dispute relating to this agreement shall be subject to the exclusive jurisdiction
of the courts of England (which is where our company is domiciled), and the
parties agree to submit to the personal and exclusive jurisdiction and venue
of these courts.
