All orders for server space and services are subject to the
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
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
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.
10.1.1 All domains are renewed on an annual basis, we will send out invoices 60 days prior to your domain name expiring.
We will send the invoice to the email address on the account, and it is the registrant's responsibility to make sure
their contact details are up to date. If you do not wish to renew a domain please make sure you contact us a
minimum of 35 days before your domain expires by emailing firstname.lastname@example.org
Unless requests to the contrary are received, all domains are renewed automatically approximately
30 days before the domain name expires.
10.1.2 If you request that you no longer wish to have your domain name renewed by us, it will be left to expire
and all services we provide regarding that domain name will be suspended. Your domain name will then go
into a 30 day protected period, after 30 days your domain will be suspended by Nominet and it will go
into a 60 day grace period. If you change your mind and still wanted to retain your domain name, you
still can and at the original renewal price. This must be requested by email before the 80th day after
your domain has expired, after 90 days your domain will be cancelled and deleted from the register and
made available for resale through a third party registrar by Nominet. We will not guarantee the renewal
of a domain name after this happens.
10.1.3 If your domain name becomes the victim of domain name related abuse i.e. Phishing, Spam or Malware please email us at email@example.com so that we can take approproate action. Alternatively you can email Nominet directly at firstname.lastname@example.org or contact Nominet direct at 01865 332450.
10.2 UK Domain names are registered in accordance with the Terms and Conditions of Nominet UK which can be found at
Nominet Terms and the Customer is deemed to recognise and to accept these upon purchasing a domain name. The Company will respond to Customer communications regarding domain names within three working days. In the event that the Customer is not satisfied with the Company’s response the Customer should contact Nominet UK directly through their website at www.nominet.co.uk or by email or telephone at email@example.com or 01865 33245.
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
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
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