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ITSimple Standard Terms and Conditions DEFINITIONS In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the following meaning: "Acceptance of Use Policy" means the policy specified at www.itsimple.co.uk/terms.htm or as supplied in writing. "Application" means an application for the provision of service submitted by the Client to ITSimple. "ITSimple" means a trading name of Bayfair Ltd. "Price List" means the list of fees payable by the Client in respect of the services provided. "Client", means the person, firm or Company whose application is accepted by ITSimple. "Domain Name" means the domain name requested by the Client on the Application or any alternative domain name offered by Itsimple. "Services" means the services to be provided by ITSimple to the Client "Terms and Conditions" means these terms and conditions including any schedules hereto. "Termination period" means the period following the initial minimum period of 12 months and which can only be entered into following written receipt (by either party) of cancellation of the services provided, whether entered into on a monthly or annual basis. Any agreement between ITSimple and the Client for the provision of services (an "Agreement") shall be entered into on the basis of these Terms and Conditions and also any other Terms and Conditions set out or referred to in any document or other communication used by ITSimple in concluding such an agreement. TERMS ITSimple reserves the right to amend these Terms and Conditions at any time without notice and that the revised Terms and Conditions shall form the basis of the Agreement. Any agreement shall commence on the date of acceptance by ITSimple of the Application submitted by the Client and shall be paid immediately, or on an annual or monthly basis as agreed but may be terminated by either party by providing not less than 90 (ninety) days written notice following an initial minimum period of 12 months. During the 90 (ninety) days termination period the agreed fee, whether paid monthly or annually, shall be paid to ITSimple by the Client. Should renewal of services including annual hosting, domain names, software licenses and such like become due within the termination period, the fees for those services shall be paid to ITSimple by the Client. SERVICES ITSimple shall provide the Services using all reasonable care and skill subject to payment by the Client of all amounts payable hereunder on the dates specified herein or on the Application. The Client shall do all things and provide all such information as is reasonably required by ITSimple to provide the Services in accordance with these Terms and Conditions. REGSTRATION OF DOMAIN NAME In consideration of payment by the Client of the appropriate fee specified in the ITSimple Price List, ITSimple shall apply for registration of the Domain Name requested by the Client on the Application. The Client agrees and acknowledges that ITSimple shall not be liable in any way for acts, omissions, or errors of the naming authority or registering agent in relation to the registration (or non-registration, as the case may be) of the Domain Name. Whilst ITSimple will use all reasonable endeavours to obtain the Domain Name for the Client, the Client acknowledges that ITSimple shall not be liable for such registration where the Domain Name is or becomes unavailable for any reason whatsoever. ITSimple shall not be liable for any delay in activating the Domain Name on the Server nor for any cost incurred by the Client as a result of such delay and the Client's obligation to pay the fees set out in the ITSimple Price List shall not be affected by any such delay. The Client warrants that the Domain Name does not infringe any intellectual property rights of any third party, including but not limited to trade marks registered or otherwise used by any third party and the client shall indemnify and keep ITSimple indemnified in respect of any loss, damages, costs, or other expenses arising out of or in connection with any breach by the Client of this Clause. Domain Registration We use various registrars at our discretion and require that you understand the terms and conditions of each before proceeding with an order with us. .com , .net and .org names: The ICANN Dispute Policy: http://www.icann.org/udrp/udrp.htm The Exhibit A of the Open SRS Reseller Agreement: Open SRS Terms and Conditions Terms for registration of .co.uk/.org.uk/.ltd.uk/.plc.uk names When the domain name is registered on your behalf you will also be subject to the terms and conditions of Nominet UK which are available for inspection at http://www.nic.uk/terms.html TRANSFER OF A DOMAIN NAME On the Client's request, ITSimple shall host an Existing Domain Name owned by the Client provided that the Client shall be solely responsible for the transfer of the Existing Domain Name to the ITSimple server on or after the commencement of any Agreement and for any fees payable to any third party in relation to such transfer. On termination of this Agreement, the Client may transfer the Domain Name or any existing Domain Name to any third party server subject to completion by the Client of a transfer form and payment by the Client of any applicable transfer fee set out in the Price List in effect at that time and provided that the initial contract period of 12 months has not yet expired unless the Client pays all outstanding fees for the full period. RENEWAL OF REGISTRATION ITSimple will automatically renew the Client's contract each year after the initial 12 month agreement unless the customer notifies ITSimple at least 30 days prior to the end of the agreement. ITSimple will use its reasonable endeavours to ensure that the Domain Name or the existing Domain Name be automatically renewed after expiry of the initial 12 month registration period provided always that this agreement remains in force up to the date of expiry of such period. In consideration for renewal of the Domain Name or the Existing Domain Name by ITSimple and prior to the renewal date, the Client shall pay to ITSimple the renewal fee set out in the Price List. Whilst ITSimple will use all reasonable endeavours to ensure that the Domain Name or the Existing Domain Name is renewed at the relevant renewal date, the Client acknowledges that it is not possible for ITSimple to guarantee such renewal and that ITSimple shall not be liable for any failure to renew the Domain Name or the Existing Domain Name. DESIGN AND HOSTING ITSimple shall offer the Client one of the options below selected by the Client on the Application. The following options shall be available: Option 1 :ITSimple will provide the Client with a Website based upon our SimpleWeb plan, full details of which can be found on www.itsimple.co.uk/prices.htm. Prices pertaining to the plans can be found at www.itsimple.co.uk/prices.htm. Generally, these plans have a low initial fee basis and a monthly fee payable by Standing Order to ITSimple by the Client. Option 2 : ITSimple will provide the client with a Website designed and tailored to meet their requirements. Such design shall be made following discussions with the Client and the Client agrees to provide ITSimple with such artwork, text and graphics that will facilitate the production of the Website. This option shall have a supplemental contract between ITSimple and the Client which can be viewed, downloaded, signed and returned here. For both Options, such design and technology used in the website shall feature commonly available scripts and services such that the website shall function in the manner described during discussions with the client. Reasonable care will be taken to provide a secure environment for those pages in the website that require such security and for the website as a whole however the Client agrees that such security can never be wholly guaranteed. All material submitted for inclusion on the Website must be owned by the Client. The Client agrees to keep ITSimple indemnified in respect of any loss, damages, costs, or other expenses arising out of or in connection with the use of the website or any breach by the Client of these Terms and Conditions. For all the above options, the Client shall pay to ITSimple the fee specified in the Price List. Whilst ITSimple shall use all reasonable endeavours to ensure that the Website can be accessed by users of the Internet at all times, the Client acknowledges that it is technically impossible to provide such access free of fault at all times and ITSimple does not undertake to do so. ITSimple expressly reserves the right to suspend availability of the Website for the purpose of necessary or scheduled maintenance. Access to the Website may also be adversely affected by conditions and performance outside ITSimple's control, including without limitation, the breakdown of transmission and telecommunication links. COPYRIGHT The copyright for the text and graphics produced by you for inclusion in the website are yours. However, where scripts and services used within the website to facilitate the functionality of the website are licensed to ITSimple for its use, the copyright to such scripts and services remain with the originators of those scripts and the terms and conditions for their use remain with them. Such scripts and services are not owned by the client and are not transferable to the client. DATA BACKUP Whilst ITSimple shall use its reasonable endeavours to ensure that backup copies of the Website and all Client data contained in the Website are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and ITSimple shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data which are due to the failure of the Client or ITSimple to backup such data. CHARGES The fees payable to ITSimple in respect of the Services are specified in the ITSimple Price List. All charges are exclusive of VAT at the prevailing rate. All charges shall be payable in advance whether or not the payments are made annually, quarterly, or monthly. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to a "material breach" of these Terms and Conditions. If the Client is overdue with any payments hereunder, then without prejudice to ITSimple's other rights and remedies the Client accepts that immediate removal of web content, updating facilities and any other service deemed by ITSimple to be within the scope of this agreement. Reinstatement shall only occur when all monies owed have been paid to ITSimple and any such reinstatement shall be at the sole discretion of ITSimple. DATA PROTECTION ACT Please see our Privacy Policy Notice for details of what data we collect from you and how we use it. UPDATE SERVICE Our SimpleWeb service allows the Client to update their website content on a regular, usually monthly, basis. We can accept content for inclusion either by the Client directly emailing us on support@itsimple.co.uk or by filling out the form provided at www.itsimple.co.uk/update_form.htm. We can only accept update material in these two methods and all amendment text must be in plain text format. We will accept up to a total of 1 x A4 printed page (Times New Roman 12 point) for the website amendment on a monthly basis. We will also, entirely at our discretion, allow Clients to make minor graphical and / or layout changes to the site on a monthly basis. We will also add and / or delete up to 1 page per month including necessary changes to menu systems. Such additional changes are entirely at our discretion however. Wherever possible, we will attend to site update requests within 48 hours however this may not always be possible and the Client accepts that any update request will be handled as soon as we possibly can. GENERAL Terms for all products including .com .net and .org names and any hosting packages In the event of insolvency, bankruptcy or special restrictive orders being placed upon the Client, this Agreement between ITSimple and the Client shall become immediately void. Indemnity You agree to defend, indemnify and hold harmless ITSimple, www.itsimple.co.uk, any of our affiliated sister websites, CORE, ICANN, NOMINET and any applicable domain name registry and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable solicitors/attorneys fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. We will delete, without notice, any sites that feature:- any nudity, erotic images, sexually oriented material, or sexual themes (insofar as adult material is concerned); any spam whatsoever; any (apparently) illegal or morally questionable activity; any domain which is brought to our attention that could breach ANY trademark regulation world-wide; If in doubt, it's probably not what we want on our servers and you would face deletion without refund. The decision as to what is decent, legal and honest is ours. There is no appeal process. We will monitor your content - if in doubt ask us. Spam We have a strict anti-spam policy. We reserve the right to withdraw service in the event of complaint. |