Hartland Internet Services Terms and Conditions
All orders for server space and services are subject to the following conditions:
1.1 Orders issued by an advertising or other agency will be treated as issued by that agency as principal.
1.2 The placing of an order shall, whether stipulated by the client or not, be an order subject to these conditions and any conditions stipulated in the client's order form or elsewhere shall be of no effect so far as they conflict with these conditions.
1.3 The client warrants that any material issued for publication does not contravene any Act of Parliament or subordinate legislation is not in any way illegal or defamatory or an infringement of any other party's rights, is legal, decent, honest and truthful and is not an infringement of the British Code of Advertising Practice.
2.2 The client hereby agrees to indemnify Labcourt Limited also known as Hartland Web Pages, Hartland Internet and Hartland Multimedia (the Company) against any and all actions, proceedings, claims, demands, damages and costs (including legal costs) for breach of this warranty in respect of defamation, copyright, obscenity, misrepresentation or libel, or any other claim arising out of or in respect of the material or the publication, transmission or distribution of the material.
3.1 Hartland can not be held responsible for alterations or corrections to proofs, if returned after the specified date or not confirmed in writing or received by e-mail. No responsibility is taken for the accuracy of copy not given in writing to the Company.
4.1 Artwork and/or photographic materials are submitted to and used by the Company entirely at the risk of the person by whom or on whose behalf they are submitted. Unless otherwise agreed in writing the Company reserves the right to return or dispose of such artwork and/or photographic materials if not collected within six months of their receipt by the Company.
5.1 The Company will provide services as specified in writing by the Company.
6.1 The Company reserves the right: (a) to refuse or terminate any site or part of a site in the event that fees are not paid or copy not supplied within the specified timescale. The Company reserves the right to cancel or suspend any advertisement or service or service feature should it be deemed appropriate at its own discretion without giving any reason or period of notice therefor. (b) to make corrections or alterations it considers necessary or desirable whether to enable conformance to site style or subject matter or otherwise. (c) to alter cancel or postpone publication date(s).
6.2 If at the time space is ordered by an advertising agency that agency does not disclose the name of its client and/or the product and/or services which are to be the subject matter for that space the Company may at any time refuse or suspend the space proposed by the agency.
6.3 In the circumstances set out in clause 6.2 above, the Advertiser, which for these purposes shall mean both the advertising agency and its client(s), shall have no claim against the Company in respect of the refusal or suspension and if the space is not used by the Company the advertising agency shall be responsible for any loss suffered by the Company. In any case under 6.1 above the Company will return any money paid by the advertiser in respect of material which does not appear less the cost of any programming, studio time, airtime or line time or server management incurred.
6.4 Where services are costed and supplied on an annual basis any cancellations and transfers can only be accepted if requested by the Advertiser in writing giving at least three months notice prior to the end of the annual period. Otherwise the next twelve month period charges will be payable in full.
6.5 If an Advertiser cancels the balance of an order he relinquishes any right to the annual or series discount to which he was previously entitled and must pay for server space and hosting at the appropriate rate previously invoiced.
7.1 The Advertiser shall promptly notify the Company in writing of any error on the web site and in any case within fourteen days of the publication date. Failing such notification the Company will be under no liability to correct the errors free of charge and any subsequent correction or changes will incur programming charges. The Advertiser will indemnify the Company against all actions, proceedings, claims, demands, damages and costs including legal costs brought or made by third parties as a result of the publication or distribution of the material containing such error.
8.1 Unless the Company agrees otherwise in writing, the price for any server space, hosting, mail forwarding or bandwidth will be the price list price prevailing at the date upon which agreement was reached. Hosting charges exclude domain name fees which must be administered by and paid to the Company.
8.2 Payment is due when the order is placed and stage or monthly payments must be made at the time and in the manner agreed in writing at the outset notwithstanding any inability of the Customer to provide text or illustrative material within the timeframe agreed or at most within six months of the start of the work. Late payments will incur interest charges at 5% per month over the Company's overdraft rate applied by Barclays Bank plc at the time of any default or delay.
9.1 All material published and supporting code shall be owned by and is the copyright of the Company. Applications whether or not bespoke are licensed for use on our servers by the Customer who has no title to the code or programme. Ongoing application support shall be by maintenance and support contract on a pre-arranged basis.
10.1 Notwithstanding that the Customer may be named as Registrant the Company retains all title to domain names registered until our applicable domain name registration fees have been paid in full by the Customer. If payment is not received within our terms the domain name registration will be cancelled and the Customer will be responsible for the payment of all fees, loss of profit and administration costs incurred. Should Customer apply for re-tagging or any other registration changes before all outstanding amounts on the Customer's account have been paid in full Customer will be responsible for all expenses incurred by Company in collecting payment for the name or for renewal fees.
10.2 UK Domains are registered in accordance with the Terms and Conditions of Nominet UK which can be found at http://www.nic.uk/nominet/terms.html and the Customer is deemed to recognise and be acquainted with these.
10.3 The Company accepts no responsibility for the use of any domain name or for any conflict with trade marks or with proprietary rights to names in other contexts.
10.4 The Company reserves the right to withhold IPS tag changes and name registration changes until all outstanding amounts on the Customer's account have been paid in full. In the event that at Customer's behest Nominet changes the tag without our agreement Customer will be responsible for all our resultant administration and debt collection costs.
10.5 The Customer recognises and is responsible for its compliance with Section 33 of the Companies Act 1985 and indemnifies the Company from all consequences of registering domain names deemed not to be in compliance thereto.
10.6 The Company make no warranties that Customer listings or their positions on Search Engines can be controlled in any way. Customer positioning on Search Engines or the lack thereof shall not be used as a reason to avoid paying invoices.
11.1 These conditions and all other express terms of the contract shall be governed and construed in accordance with the Law of England and any disputes will be subject to the jurisdiction of the English Courts.
11.2 In these Conditions the following terms shall have the following respective meanings:
"Advertiser" shall mean the advertiser or as the context requires an advertising agency acting on behalf of the advertiser.
"Material" shall mean any text, graphics, scanned photographs or other like data, programs, files or software submitted or stored for dissemination over the internet or connected networks for the purposes of the Advertiser.
"Site" shall mean a Hartland web server. "Space" shall mean storage capacity on the server for any purpose and is limited to the capacity allocated by the Company for a particular order. "The Company" shall mean Labcourt Limited trading as Hartland Web Pages and its assignees.