The first payment includes the design fee and the first month’s subscription.
All payments advertised do not contain VAT
VAT will be added and charged at current rates in UK
VAT receipts are produced automatically and can be downloaded through your control panel
All payments can only made using a recognised payment card (credit card or debit card). We do not accept direct bank payments direct debits or Standing orders.
All subscription payments are required to be paid monthly in advance unless alternative custom period payment arrangements have been formally approved and agreed.
All payments will be made to 'REASON8 EIGHT LIMITED'
Subscription payments will be paid in advance from the payment card lodged with our merchant bank and licenced payment service provider
VAT receipts are instantly available for download from control panel
You agree to inform us if you are unable to make a subscription payment.
Updating your payment card
You agree to inform us of all payment card and billing changes
We will supply you with the online tools to update your payment card at any time using the control panel.
If you are issued with a new payment card for any reason you agree update your payment card
You agree to contact us before opening any payment disputes with the bank
You agree to re-imburse us for any extra banking charges resulting from disputes or chargebacks that you initiate without contacting us first.
The minimum contract period is 12 months
The initial contract start date is the date of your very first payment to us.
After the initial contract period of 12 months your contract instantly reverts to a monthly rolling contract.
You may cancel the contract at any time after the first 12 months by giving 30 days written notice.
If you wish to cancel the contract before the end of the initial 12month contract period you agree to pay the remaining amount in full.
You have 14 days cooling off period after starting this contract. You can cancel the contract within the first 14 days.
If you cancel your contract within 14 days You will receive a full refund of any amounts paid, less any amount paid for domain names you instruct us to purchase on your behalf. [ When purchasing your domain name, we take instruction from you, act on your behalf and incur direct cost. Domain name purchases do not qualify for the 14 day cooling off period. If you choose to cancel your account within the first 14 days, We will withhold full payment for the standard two years of domain registration at £2.50 + vat per month.]
Provision of services
We will provide the services to you in accordance with the provisions of this Agreement.
You confirm that you have read and understood the terms of this agreement.
We will use our best endeavours to follow industry best practice, use effective software and high quality hardware to ensure that all the services we supply are high quality and delivered in a professional and timely manner.
We will monitor the provision of our hosted environment 365 days a year and respond quickly to any unexpected and unforeseen events.
We expect you to be contactable via the email address(es) and phone number(s) you supply.
We expect you to supply us with all necessary information in a timely manner to enable us to provide the services you require.
If you provide login credentials and ask us to help you make changes to your DNS. We wil lundertake this on a best endeavours basis and you understand that we cannot guarantee that the instructions, operation, stability or controls from 3rd party DNS control panel will operate as expected. You agree to change the passwords once this work has been complete
If we make changes to your DNS following your request, we will under no circumstances be held responsible for
consequences related to unexpected domain name settings or behaviour for any reason.
Any other 3rd party services being interrupted
You agree to comply with this Acceptable Use Policy ("AUP") as part of any agreement with us. We may terminate your account should you fail to comply with this policy. This policy has been written on a common sense basis and has been designed to protect the interests of those companies and individuals who wish to benefit from what the Internet has to offer and:
You will be issued with a password in order to administer your website. You must take all reasonable steps to maintain the confidentiality of this password. If you reasonably believe that this information has become known to any unauthorised person, you agree to immediately inform us and the password will be changed; and
You are responsible for all use and content of your website. We reserve the right to investigate suspected violations of the AUP. When we become aware of possible violations, an investigation may be initiated, which may include gathering information from you and the complaining party, if any, and examination of material on your website. Much of the AUP reflects acts that may constitute breaches of legislation or regulations and may in some cases carry criminal liability
You may not use your website pages within or outside our system to violate any part of our AUP, or to attempt to disrupt the content and sites or Internet experiences of other users
you will not resell the website in whole or in part without our consent
you will not allow any content to be published on the website which:
is for improper, immoral, fraudulent or unlawful purposes; or
is offensive, obscene, pornographic, sexually explicit, defamatory, menacing or which may (in our judgement) cause annoyance or anxiety to any person or bring us or the Service into disrepute; or
is of an illegal nature (including stolen copyrighted material and pirated software); or
is in breach of the laws of England and Wales or the country of your establishment or any end-user of the website, or any international conventions, codes or regulations applicable to the Internet; or
promotes violence, sadism, cruelty or incites racial hatred; or
promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and
you will not send spam email to promote your website (this risks an adverse effect on all our other client's websites); and
you acknowledge that questionable content according to the above criteria will be decided upon by us; and
if you are in breach of this policy we will temporarily suspend your website and contact you to give you the opportunity to remove the content in question before having services reinstated. You accept that repeated infractions may cause the termination of service without refund of any fees; and
we reserve the right to remove any web page (in whole or in part) on our servers, at any time and for any breach of this policy. We will not accept any responsibility occasioned for any loss caused as a result of such removal; and
we reserve the right to amend, alter or modify this policy at any time and in any manner. We may notify you by e-mail of this, but you agree to review the policy regularly and your continued use of the Service two weeks after any change will constitute acceptance of the change.
We reserve the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system.
You acknowledge that we do not give you a guarantee of placement on any internet search engine, although we will endeavour to achieve a high placement of your website on the most popular search engines.
We will provide access to the emails that are sent to your address. Either by retrieval from a mailbox or the subsequent forwarding to a third party address.
We provide a mailbox with allocated storage space for unread mail. The maximum size of this mailbox is 1GB.
You are responsible for the removal of read mail ensuring the mailbox does not exceed 1GB.
If you choose to keep read mail on the server, we provide no guarantees to the continual provision of these emails.
Once the emails have been retrieved or forwarded, you are responsible for backing up and making copies.
Under no circumstance will we be responsible for any loss, deletion or unavailability of emails that have been read.
Our service is not designed to be used as an email archiving solution.
Depending on the service package you select, we will provide an email service related to one or more domain names connected with your account
The number of email addresses you have is related to the packages and upgrades in your subscription.
To add additional email addresses, you must upgrade your account.
DNS and email
Email can only be setup if we have full DNS control of the domain name , or that Nameserver control has been passed to us.
If you intend to move an existing email address to us, you are responsible for backing up and making copies of any existing emails before this process is undertaken.
Under no circumstances are we responsible for any loss or business impact related to lost emails as a consequence of moving your emails to us
The mailbox and mail service must not be used as a high volume bulk mail engine.
The is no stated maximum limit to the number of emails you can send or receive. However we apply a fair usage policy and may cap or stop your service is we feel you are abusing the service in any way.
A maximum mailbox size of 1GB is permitted. We will contact you if your mailbox exceeds this threshold an may prevent further emails being sent or received if steps are not taken to reduce the mailbox size.
You are required to keep your mailserver credentials confidential.
You are required to change the usage credentials for your mail service frequently and use complex passwords
Under no circumstances are you permitted to allow use of your mailserver by an external party. This is regarded as a serious breach of your terms and conditions.
We use a 3rd party to manage the delivery of all outbound mail. We are not responsible for their performance.
We are not responsible for the algorithms our SMTP partner employs in determining if the outgoing mail is spam or contains a virus and thereby prevents an email from being sent.
We will follow best practice when establishing mail settings and records for optimum delivery, however, we do not guarantee the delivery of any mail sent from your server.
You agree not to send unsolicited mail
You agree not to send any form of mail that may be regarded as spam.
We do not guarantee mail delivery. There are many factors that determine the time and success of mail delivery. Many of which are outside our control.
We use best endeavours and multiple 3rd party spam and virus filters to ensure only genuine, intended mail is delivered to you. However, we do not guarantee that unsolicited mail is blocked.
We are not responsible for any unwanted or unintended mail (spam) sent to you. We recommend that you attach an additional mail-client spam filter.
You are permitted to use a third party mail client to connect and synchronise with your hosted mail-server. You must restrict access to this third party mail client and keep all credentials private.
You are responsible for the setup, management and operation of any third party mail client.
We may offer advice, but we will not provide direct support to third party mail clients
We do not take responsibility for the successful operation of any third party mail client.
You are permitted to synchronise with your incoming mail server using either IMAP or download mail using POP protocols.
You may choose to use the cloud based webmail service, provided by ourselves to access your mail.
We offer different mail protocols that operate with third party mail clients. You are responsible for understanding the difference between different mail collection protocols (IMAP and POP) before setting up any mail client and organising a read mail archiving strategy
If you choose to use the email management portal inside your control panel, you do so at your own risk and we take no responsibility of for the deletion of existing mailboxes and loss of mail. You understand that :
this is a powerful feature that can easily setup and remove email mailboxes and all associated emails.
removing an email account results in permanently removing the entire mail box and all its contents.
if you choose to host and manage your emails through a third party, you must keep your email service deactivated with us. You understand that switching your mail service back on, under these circumstances, will result in no mail being delivered from ourselves or your website.
If you change the password of your mailbox, all connected third party mail clients must be updated to reflect this change.
You can choose to add an optional mail redirection service to an email address of your choice as well as or instead of your hosted mailbox. If you use this service, you understand:
The ultimate delivery of this mail is not guaranteed,
The nature of this mail redirection is such that it may be flagged as mail spam by the end user.
Your subsequent reply to this mail will come from the final redirected destination address and not the original destination
Mailboxes are limited in size.
There is a nominal size limit of 1GB .
You are responsible for deleting all mail not required and keeping the size of the mailbox below 1GB.
New incoming mail may be restricted if your mailbox exceeds the maximum size.
Transfer and migration of mailboxes
Moving to us
We are not responsible for the loss of mail or interruption in your mail service during the migration of an existing mail service to us.
Moving away from us
On termination of your contract, your mail service will cease and your mailbox will be emptied
Prior to the termination of your contract, you must ensure that all mail is backed up and new mail provision is setup.
We are no responsible for the loss or interruption of your mail service during the migration of your mail service away from us
We will check (using publicly available records) if the domain name you want is available.
There will be a delay before signup with our service and us purchasing your domain name for you. There is a chance that the domain name is purchased by a third party and you loose the domain name during this period. We are not responsible for any loss if this occurs.
Only 1 free domain will be provided as part of your package.
All domain names will be registered in your name, using the name and address details you provided.
Incorrect or incomplete address details may result in the domain name application failing. You are responsible for providing accurate address details and properly formatted postcodes. We are not responsible for loss resulting from incorrect address details, either resulting from bad data or transcription errors.
Subsequent new domain names can be purchased for you at an ongoing fee of £2.50 + vat per month.
Different domain name types (as distinguished by their TLDs) are managed by third party domain name organisations. You are responsible for familiarising yourself with their terms and conditions. Since we register domain names in your name you are implicitly bound by their terms and conditions.
Domain name purchases are non-refundable. When purchasing your domain name, we take instruction from you, act on your behalf and incur direct cost. Domain name purchases do not qualify for the 14 day cooling off period. If you choose to cancel your account within the first 14 days, We will withhold full payment for the standard two years of domain registration at £2.50 + vat per month.
The domain name you choose during purchase is binding. If you subsequently request a different domain name, the first domain name will remain your property, it will not be renewed on expiry and you will be required to pay extra for an alternative domain name.
You agree and acknowledge that we shall not be liable in any way for any acts, omissions, or errors of the naming authority or registration agent in relation to the registration (or non-registration, as the case may be) of the Domain Name.
Whilst we will use all reasonable endeavours to obtain the Domain Name for you, you acknowledge that we shall not be liable for such registration where the Domain Name is or becomes unavailable for any reason whatsoever.
In the event that the Domain Name requested by you is unavailable or becomes unavailable between our receipt of the Service Agreement for registration and the date the application is processed by the registration agent or naming authority, we will offer you an alternative Domain Name and upon your approval of such alternative Domain Name, we shall register that alternative Domain Name in accordance with the provisions of this Clause. For the avoidance of doubt, the unavailability of the Domain Name or any replacement domain name shall not affect the validity of the relevant Agreement or your obligation to pay the charges related to the Service Agreement.
You agree, as a condition of any Agreement, to be bound by the dispute policy used from time to time by the relevant naming authority and registration agent, which policy can be found in the terms referred to above. The dispute policy governs any dispute between you and any party other than us over the registration and use of the domain name. You agree that in the event a domain name dispute arises with any third party, you shall indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.
The registration of the Domain Name shall, at all times, be subject to the terms and conditions from time to time in force of the relevant naming authority or registration agent which terms and conditions are hereby included into these Terms and Conditions.
Existing domain names
We can use previously purchased domain names and domain names with your website and/ or email service. For this to happen, technical DNS changes are required.
You are responsible for making DNS changes to existing domain names
We can help you make DNS changes. If you provide us with access to a third party DNS provider and login credentials, and request help with making technical DNS changes we will endeavour to make the changes in good faith. We will not charge for this service. We will not be responsible for failures or poor service of any third party DNS control panels. We are not responsible for unexpected loss of email or hosting service resulting from DNS changes.
You may incur charges by your new provider when transferring a domain name.
On termination of this Agreement, you may transfer the Domain Name or any Existing Domain Name to any third party server subject to completion by you of a transfer form.
We do not normally charge for this service.
You agree to follow our design process
You acknowledge that all design telephone calls are recorded for accuracy and training.
We will adhere closely with our robust design process.
You understand that at certain stages you will be required to confirm that changes to that part of the design are then fixed and that no further changes will be available.
We will always try our best to give you a well designed and professional website.
We will try to be as flexible as possible without incurring commercial losses or extending our standard website design timescales.
Limits and scope
We will discuss with you the scope and scale of our work and align it with your requirements. We will agree this with you before starting work.
If your requirements grow and additional time or resources are required, you will be asked for additional payment
Browsers and devices
We test your website with Google Chrome and Internet Explorer browsers and across a number of device sizes (replicated inside the developer tools of those browsers). We do not accept responsibility for any website that does not display correctly outside of the standard devices and browsers that we test and the way we test them.
You understand that website design can be subjective and for us to understand your requirements, we need to capture a large and diverse amount of information.
You agree to use the design portal as directed and give our design team immediate feedback throughout the process, confirming assumptions and adding to the knowledge.
The website will be designed in accordance with your design instruction as documented in the design portal and in alignment with our design process and tools.
If your specification or requirements change in such a way that results in a significant unexpected, unreasonable extra work, we may request further payment to cover our costs
You confirm that you are the legal owner or that you have obtained permission to use any content that you supply us.
We will interview you and write up content based on this interview.
The content we write is based on your instruction. This content will be sent back to you to read and check. We will call you and let you know that this has been sent to you.
You have 3 (three) days to check this content and get back to us. you understand that if we do not hear back from you, we will assume the content is correct and pass it to the design team and use it to build your website.
We will not fact check this content and it is your responsibility to make sure and confirm the legal accuracy of all content.
All content written by us will be unique and free of any copywrite issues. We assume that all written content, images, videos, documents, statements and marketing messages provided by you are your own intellectual property or that you have full permission to use on your website.
We will not undertake any copyright or plagiarism checks on any content when constricting your website
Any final written content that we prepare for you is your property. You are free to replicate, redistribute and use in whatever way you choose.
We may use professional stock imagery and video snippets on your website. All image and video assets are licenced to use on your website hosted on our servers only. If you wish to re-use any stock images in any other ways you will have to re-licence the image from the originating company independently.
You understand that it is your responsibility to manage all data provided to you from your website in accordance with GDPR regulations.
You agree that you must outline your policy and processes for customer data on your website.
Once the design is complete, we will reveal the website to you. You can request changes to the revealed design. You are permitted One round changes. Multiple, iterative changes are not permitted at this stage.
Once you agree the final changes you are signing off the design phase.
After design sign-off, your designer's work is complete and you will then be responsible for looking after your website (backed up with help from our support team when required) using the tools we provide.
We offer you an optional single training session of approximately 30 - 40 minutes. The purpose of the training session is to teach you how to use our tools to manage and maintain your website content using our online tools.
The training session takes place after the 'handover' of your website.
The training session is normally provided over a video link that allows you to see your designers screen.
Website and technology platform
Your website will be built using our own bespoke technical website building toolset.
The toolset is uses technology that is only available on our servers.
The digital and written assets and the way that they appear on your website is controlled and managed by a wide variety shared technology tools. These tools are only available on our technology platform.
The technology tools that we use to build and subsequently manage your website belong exclusively to us and is our intellectual property
It will not be possible to move an entire website built using our tools from our platform to another platform.
We are unable to provide FTP credentials.
The websites we design and manage use shared resources and are dynamically constructed at run time, it is not possible to provide access to all mark-up, coding and source files in a single working directory
We will use our best endeavours to ensure that your website and email services are available 24/7.
We use world-class third party hardware and support suppliers to provide necessary infrastructure and support
we provide a full 365 days a year management service to try and ensure that the infrastructure and technology operates as expected.
You will be given access to your own website control panel, which will allow full access to the design features, emails and settings and payment and account history.
You will be provided with full login credentials to this control panel.
You agree to keep these credentials secret and not disclose to any third party under any circumstances.
We will provide an ongoing professional support service to provide advice and help for your website.
You agree to check-out the online help system before contacting the support team.
We provide a telephone and email support service inside normal business hours.
The role of our support team is to provide advice and, where required, will show you how to make changes to your website using our tools.
Under certain circumstances, if a you are unable to make the changes and those changes are small, the support team will make the changes on your behalf.
If you require significant changes you may be asked to pay a fee that covers our time in undertaking considerable or frequent changes. You understand that this is at the discretion of the support team.
Our technology allows you to advertise and take payment for items and services on your website.
You are responsible for the accuracy of the description of the goods. We will not make any effort to audit or check the validity of any claim about or description of products or services you sell.
We are in no way responsible or involved in any legal aspect of the transaction between you and your customer.
You agree to confirm to any prevailing money laundering and banking regulations.
You agree to use the software we provide as is and we are in no way liable for any errors or mistakes related to stock levels, basket, checkout or payment functionality.
Under no circumstances are we in any way responsible for any dispute between you and your end customers
All refunds of goods are your responsibility
If you choose to take payment using the provided Stripe payment service provider, you understand that we will take an application fee in addition to the standard Stripe transaction fee. Our fee will be 1.5% + £0.20 per transaction. This will be taken directly from your incoming payment and passed to us by Stripe.
You may cancel your contract with us at any stage after the initial contract term of 12months. We require 30 days notice of termination.
Any subscription payments due during the 30 day notice period must be paid.
Your contract will terminate once the normal termination process has been complete and all outstanding fees have been paid.
After termination you will no longer be able to access your control panel or any content therein.
Termination due to breach of contract
We may terminate this Agreement and the Service provided under it forthwith by notice if:
you commit a material breach of this Agreement and, in the case of a breach capable of being remedied, fail to remedy it within a reasonable time of being given written notice from the other party to do so; or
you commit a material breach of this Agreement which cannot be remedied under any circumstances; or
you fail to pay any Charges when due; or
you declare insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer is appointed over any of its assets and we are named as an official creditor
Any rights to terminate this Agreement shall be without prejudice to any other accrued rights.
You acknowledge that any breach of the terms and conditions applied by the relevant Domain Name authority or registration agent in accordance with this agreement may result in suspension or cancellation of your domain name outside of our control.
For the avoidance of doubt, this service is provided on a month by month basis. On termination, we do not make pro-rata refunds.
Early termination of the contract
You may terminate your contract inside the initial contract term by paying all outstanding subscription payments as a single lump sum.
Process for termination
You may inform us of your wish to cancel your contract by email or telephone. On receipt of your request, we will then send you a formal email asking you to confirm this request. Your 30-days-notice period then starts when we receive this confirmation from yourself.
After termination we will permanently remove all payment cards from our banking system and no more payments will be taken from this card.
Prior to termination
You must download all documentation related to your account. Your VAT receipts will no longer be available after termination
Archiving of your website
Once your contract has been cancelled, we will archive your entire site and account.
We may re-use content, styling and structure in any way we choose unless we receive a written request from you within the first four weeks after termination.
We shall not exercise this right until four weeks after termination
If we are responsible for renewing your domain name and your domain name comes up for renewal during the 30 days notice period, we will not renew the domain name for you. If you intend to continue to use your domain name, you must familiarise yourself, using public WHOIS services when your domain expires and ask us or make arrangements for the domain name to be renewed.
We can continue to manage your domain name and/or email services, this may be arranged subject to agreed fees and conditions.
We can facilitate the transfer of your domain name to a different registrar.
We can provide any advice required to make the handover to an alternative host as smooth as possible.
Transfer of your website
Basic principles of website transfer
Your website was designed to run and be managed on our servers
Our website design tools, technical environment, content management system and entire technology stack was designed to make it easy to build, manage and update your website.
If you want to move your website to another provider you will need to re-build the foundation technology that supports the website.
Much of the technology that delivers and renders your website uses our proprietary IPR and therefore cannot be transferred to a new host.
You are permitted to copy the mark-up HTML from each editable page of your website. This can be done using the page editor.
You are free to use all written content provided to you
Images and videos
You can re-use any images or files that you initially or subsequently provided to us.
You must re-licence any stock images or videos we provided if you wish to use them in a different hosted environment.
Style files (CSS)
You must re-create the CSS rules that underpin the styling of your websites
Warrants and consents
You warrant, represent, and covenant to us that:
(a) you are at least eighteen (18) years of age;
(b) you possess the legal right and ability to enter into this Agreement
You represent and warrant that all information provided in connection with this agreement is accurate
The parties acknowledge and agree that you shall have full editorial control over the contents of the website and that you will comply with the AUP.
You represent and warrant that you will:
not attempt to gain unauthorised access to any part or component of the Service; and
comply with all applicable legal and regulatory requirements and any applicable licence; and
not use the Service in a way which could cause it to be interrupted, damaged or otherwise impaired or which violates our rights (including intellectual property rights) or those of any third party (including copyright, confidence, privacy or other rights); and
comply with all reasonable instructions we give you relating to the use of our System; and
pay the applicable Charges as set out in the Service Agreement and comply with any additional obligations specified in the Service Agreement.
Whilst we shall use all reasonable endeavours to ensure that the Services can be accessed by users of the Internet at all times, you acknowledge that it is technically impossible to provide such access free of fault at all times and we do not undertake to do so. We will always try to repair reported faults and/or restore the Service as soon as reasonably practical. We expressly reserve 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 performances outside our control, including without limitation the breakdown of transmission and telecommunication links.
You acknowledge that we shall in no way be held liable for any service outage or disruption that occurs as a result of any of our suppliers’ failure to provide a service. For clarification, if any of our suppliers enters administration, liquidation, is wound up or for any reason fails to provide a service to us that impacts you, we shall not be held liable. In the event we select an alternative supplier in order to restore the service to you, you acknowledge that any increase in the costs to us as a result of the supplier change will be passed on to you.
No other warranties or representations, expressed or implied, are given by either party under this Agreement and any implied warranties are expressly excluded.
You shall indemnify and keep us indemnified against all proceedings, losses, liabilities, damages (including legal costs), Charges and expenses of whatsoever nature arising out of or in connection with any action or claim that the content of the website violates the provisions noted above.
Intellectual property rights
Any material supplied by yourself or written content produced by us for yourself will be owned by you. Any HTML coding accessible through the page editor will belong to you.
You agree and acknowledge that the copyright and any other intellectual property rights in
the control panel and design portal
Overall website design and stock images
shall be owned by us and/or our suppliers
You warrant that you have obtained for yourself and for us all necessary consents, approvals and licences for use of the Content in the website.
In the event that the use of the Content infringes the intellectual property rights of any third party, you will immediately replace the infringing part at your own expense with non-infringing material.
You hereby grant us a non-exclusive, worldwide, and royalty-free license for the duration of the agreement to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content only as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant us license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
Limitation of liability
We shall not be liable to you nor to any third party under this Agreement in contract, tort or otherwise for any direct or indirect loss of profit, anticipated savings, business, contracts, revenue, time, goodwill or loss of or harm to data or other content or for any other indirect or consequential loss.
We shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the Domain Name registry administrator arising out of or related to your application, receipt of, or failure to receive a domain name registration.
All conditions and warranties which may be implied by law into any Contract with you are excluded to the fullest extent possible.
Nothing in this Agreement shall restrict or exclude either party's liability for fraud, death or personal injury.
You shall not be entitled to any liquidated compensation or refund payments for unavailability of or interruptions to the Service.
We shall not be liable in respect of any goods or services purchased or obtained or any transactions entered into by you through the Service with third parties. Further we shall have no liability to you in respect of any third party Internet criminal activity (including without limitation as a result of computer 'hackers') or in respect of billing, payment, or other information that passes between us over the Internet in relation to the provision of the Service.
You acknowledge that we shall not be liable to you in respect of any loss or damage arising from your use of or reliance upon any advice or information provided by us.
Subject to the other provisions of this Clause, any liability we may have to you in contract, tort, or otherwise in connection with the supply or non-supply of the Services and this Agreement shall be limited in each calendar year to damages equal to the Charges paid by you in that calendar year.
You hereby release and hold harmless, and agree to indemnify us, our affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by us or our suppliers, arising out of or relating to:
(a) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline (including but not limited to any act or omission by you, your employees, agents and representatives which infringes any copyright, trademark or other intellectual property rights of any third party) ; and
(b) your improper or illegal use the Services; and
(c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).
We shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond our reasonable control.
If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions hereunder or thereunder.
The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
All provisions of this Agreement, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration hereof and thereof.
We may assign or otherwise transfer this Agreement at any time. You may not assign or otherwise transfer this Agreement or any part of it without our written consent.
The construction, validity, and performance of these Terms and Conditions shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts to resolve any dispute between them.
Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
If any party consists of more than one entity, their obligations here under are joint and several.
This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
Except as expressly stated herein to the contrary, all notices and other communications required or permitted to be given under these Terms and Conditions shall be in writing and shall be delivered or transmitted to the intended recipient's address as specified above or such other address as either party may notify to the other for this purpose from time to time. Any notice shall be treated as having been served on delivery if delivered by hand, two working days after posting if sent by pre-paid registered mail, on delivery if sent by courier and on confirmation of transmission if sent by facsimile.
This clause does not affect your responsibility to regularly review our website for any alterations/amendments to the terms and conditions which would be binding on you
Except as explicitly stated in this Agreement, the terms of the Agreement may only be changed or modified by us on behalf of both parties. We may change the technical specification of the Service at any time, provided this does not detrimentally affect its performance.
You accept the obligation to review these terms and conditions every two weeks and, unless we are informed in writing otherwise, you accept that as part of the Agreement, the revised terms and conditions will indeed supersede, in whole or in part thereof, the previous terms and conditions. Our current terms and conditions can be found on our website at https://www.dotgo.uk/terms
We may amend this Agreement at any time, with immediate effect, in order to comply with any law or regulation of any Governmental or regulatory body.
This Agreement and all policies and guidelines incorporated herein by reference, constitute the entire agreement between you and us with respect to the subject matter hereof and there are no representations, understandings or agreements which are not fully expressed in this Agreement and the related policies and guidelines.