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- Vikatec Standard Terms and Conditions of trade -

Last updated: July 2006   


These are our standard trading Terms and Conditions. They do not affect your statutory rights. Please read them carefully.

WE RESERVE THE RIGHT NOT TO PROVIDE ANY OF OUR SERVICES TO ANY CLIENT/CUSTOMER FOR ANY REASON 

You indemnify Vikatec for any losses it suffers as a result of such acts or omissions  that cause any loss.

SERVER DOWN and LOST OF SERVICE:
The up time of our servers is high but can be down from time to time. In the even of a server going down and cannot be fixed, all data will be lost, it is your responsibility to make sure that any data is backed up, this includes all emails, website pages, databases and any other online content, we offer no liability for lost data due to machine error. 

No guarantee or liability is given that any online data will not be lost if a machine goes down.  

Email Service Important Notice:
Please be aware that as part of our system maintenance, designed to ensure continuous provision of high quality service, read messages more than one month old and unread messages more than 3 months old are removed from your mailbox. 


Backup Service:
We can offer a backup service that will backup your website pages, email, user details and database, this is an additional service and is not part of or included in any other service.  If you take this service then we will do daily backups of your hosting account, and in the event of the machine/server going down a backup can be put back on, this service is subject to the backup working, in the event that it is damaged as well then no data can be restored. We can not guarantee that the backup will work and that your data is safe, you should make your own backups.

Service Delivery
1. The Client acknowledges that, given the nature of the services, Vikatec cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.

2. To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services and any Client Systems and Ancillary Systems are provided by Vikatec to the Client on an "as is" and "as available" basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement including as to satisfactory quality and fitness for a particular purpose. In particular, Vikatec gives no warranty or representation that: 

2.1. the Services will meet the Client's requirements;

2.2. the Services will be provided on an uninterrupted, timely, secure or error-free basis; or

2.3. any results obtained from use of the Services will be accurate, complete or current.

3. Vikatec warrants that it will provide the Services with reasonable care and skill and in accordance with any SLA. Vikatec will not be liable for a breach of such warranty unless the Client notifies Vikatec in writing of such failure within 14 days of the Client becoming aware of the failure.

4. If the Client makes a valid claim against Vikatec based on a failure by Vikatec to comply with the warranty set out in clause 4.3, or any applicable SLA Vikatec may, at its sole discretion, take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to such Services, provided that the liability of Vikatec under such warranty will in no event exceed one and a quarter times the amount of the Fees paid to Vikatec by the Client (excluding VAT and expenses) in the 12 month period preceding the date on which the Client makes the claim. If Vikatec complies with this clause, it will have no further liability for a breach of the said warranty.

 

Client's Obligations
1. The Client agrees that it shall: 

1.1. be responsible for keeping regular and full back ups of all material and data hosted by Vikatec on any web site or other system operated by the Client on a daily basis (or more frequent basis if required by best computing practice) including the Client System and/or Ancillary Systems. For the avoidance of any doubt Vikatec will not attempt to restore any lost material or data of the Client's except where such loss occurred as a direct result of a Vikatec server crash;

1.2. immediately notify Vikatec on becoming aware of any unauthorised use of all or any of the Services and/or relevant part of the Client System;

1.3. remove or prevent access to any material hosted on any of the Equipment and/or Client System which causes or is likely to cause the Client to be in breach of the Agreement;

1.4. ensure that it has all necessary consents, permissions and licences to make use of the Services including registration and appropriate consents and approvals under the Data Protection Act 1998;

1.5. ensure that all material or data hosted by Vikatec on any web site operated by the Client from time to time or communicated through such site or using the Client System is checked for viruses and other harmful code and has appropriate security patches applied;

1.6. independently monitor its bandwidth in relation to the use of Services and report to Vikatec any use of bandwidth over and above those agreed or stipulated levels (if any) set out in the Order Confirmation or elsewhere;

1.7. be entirely liable for all activities conducted and charges incurred under its passwords and user names whether authorised by it or not, the Client acknowledges that Vikatec shall not be liable for any loss of confidentiality or for any damages arising from the Client's inability to comply with these Conditions;

1.8. comply with any security policy notified to it from time to time by Vikatec and, in particular, ensure that all passwords and user names provided to it by Vikatec are at all times kept confidential, used properly and not disclosed to unauthorised people. If the Client has any reason to believe that any password or user name has become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way or of any other breach of security then the Client will inform Vikatec immediately;

1.9. ensure that all communication details which it provides to Vikatec are at all times true, current, accurate and complete. The Client will promptly notify Vikatec of any change to such details and acknowledges that Vikatec will not be liable for any loss suffered or incurred by the Client as a result of its failure to notify such changes to Vikatec. Clients are advised that a failure to at all times have true, accurate and complete communication details may result in the temporary suspension of a Client's account; and

1.10. ensure that its systems (including the Client System) meet any minimum system specifications notified to the Client from time to time.

1.11. promptly provide to Vikatec and/or its consultants, employees and agents such information and assistance as they may reasonably require in order to be able to carry out the Services and, where relevant, deliver and install any Ancillary Systems.

1.12. will procure all necessary rights from third parties (including intellectual property licences of computer software and website content including ringtones and music) which are from time to time required in order for Vikatec to be able legally to provide the Services to the Client.

1.13. obtain and maintain insurance over all parts of the Client System which are located on the premises of Vikatec or any of its Associated Companies and to provide evidence that such insurance is in place, upon Vikatec's demand;

1.14. complete its own Independent checks to ensure that any registration or renewal has been made successfully.

2. The Client agrees that it shall not:

2.1. use the Services, Ancillary Systems and/or Client System or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (including any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under English law or regulation, the laws or regulations of the Client's country or any other place where the results of such purpose or the material in question can be accessed;

2.2. use the Services, Ancillary Systems and/or Client System or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of Vikatec may harm Vikatec or any of its Associated Companies or clients or bring Vikatec into disrepute or which calls into question any action taken by Vikatec on the Client's behalf;

2.3. use the Services, Ancillary Systems and/or Client System or allow them to be used in breach of good Netiquette practices;

2.4. provide any technical or other information obtained from Vikatec and/or relating to the Services to any person which the Client is aware or ought reasonably be aware may directly or indirectly lead to a breach of any law or regulation;

2.5. in breach of good Netiquette practices, use any service provided by any third party (including an internet web site and/or email) for the publication, linking to, issue or display of any material which refers to an internet web site hosted by Vikatec or any other products or services offered by Vikatec from time to time without Vikatec's prior written consent;

2.6. use any part of the Vikatec premises except as is reasonably necessary to inspect and maintain any co-located server hosted as part of the Services and the Client shall ensure that such server is kept in good condition and is in its original condition upon the termination of such hosting;

2.7. whilst present at any Vikatec premises, do anything which may be dangerous or a nuisance or inconvenience or to disturb, threaten or abuse any Vikatec personnel or other Vikatec clients and the Client shall abide by all health and safety and other policies as Vikatec may notify to the Client from time to time in relation to any such premises.

3. The Client acknowledges that it has appropriate knowledge of how the internet functions, the systems and products provided to it in connection with the Agreement and what types of use and content are and are not acceptable. The Client acknowledges that Vikatec shall have no obligation to: 

3.1. train the Client on its use of the Services or any Ancillary System;

3.2. manipulate any material which the Client wishes to and/or does post on any web site or other system it operates (including any Client System) or any communication which it issues or sends in connection with any Services; or

3.3. validate or vet such material for usability, legality, content or correctness.

4. The Client also acknowledges that the services and products provided by Vikatec are at times standard packages which may not be tailored to specific requirements of the Client, unless confirmed in writing by an authorised representative of Vikatec to the contrary. 

5. If, in Vikatec's opinion, the Client is in breach of any of the provisions contained in clause 5.2 then Vikatec may without prejudice to its other rights and remedies immediately by written notice to the Client: 

5.1. suspend provision of the Services;

5.2. terminate the Agreement; or

5.3. amend or remove any Client Materials and/or content appearing on any website or other system hosted by Vikatec on behalf of the Client (including any Client System or Ancillary System).

Vikatec may also notify appropriate public authorities (governmental or otherwise including the police or other enforcement authority) of any such breach, where it deems necessary. 

6. Where as part of the Services the Client is entitled (having obtained Vikatec's prior written consent) to resell the whole or any part of the Services to a third party then the Client will: 

6.1. procure such third party's compliance with and acceptance of these Conditions;

6.2. be fully responsible for the acts and omissions of any such third party; and

6.3. indemnify Vikatec for any losses it suffers as a result of such acts or omissions.




WE RESERVE THE RIGHT TO SUSPEND, CANCEL AND OR STOP YOUR SERVICES AT ANY TIME IF YOU ARE IN BREACH OF ANY OF OUR TERMS OR 3RD PARTY TERMS.  IT IS YOUR RESPONSIBILITY TO RESOLVE ANY ISSUES YOURSELF, SERVICE WILL NOT BE REINSTATED WHILE ANY BREACH IS OUTSTANDING.  IN MANY CASES WHERE THE BREACH INVOLVES TRADEMARK OR COPYRIGHT ISSUES WE WILL NOT REINSTATED  SERVICES UNTIL ALL PARTIES INCLUDING OUR SERVICE PROVIDERS, AGREE. WE MAY DECIDE NOT TO REINSTATE ANY SERVICE AND CANCEL YOUR ACCOUNT.  WE OFFER NO LIABILITY FOR ANY LOSSES THAT RESULT FROM ANY BREACH OR AS A RESULT OF ACTION TAKEN TO PROTECT VIKATEC, INCLUDING BUT NOT LIMITED TO STOPPING YOUR WEBSITE AND OR EMAIL SERVICES. 

For our other Terms and Conditions, Policy’s and guides, please read the following:-

  • Terms and Conditions that apply to all transactions on this website, click here.
  • Privacy Policy and your data protection rights, click here.
  • Delivery & Installation terms, click here.
  • WebSite Security, Safe and secure shopping with Vikatec online, click here.
  • Vikatec Limited 2006, Terms of Use, click here.

You should print a copy of these Terms and Conditions to keep for future reference.

THESE TERMS AND CONDITIONS


Important Terms: Domain Name and website transactions:

All payments must be in UK Pounds Sterling. If your cheque is returned by the bank or marked as unpaid for any reason, you will be liable for an administration charge of £25.

After 21 days of the payment due date, we reserve the right to cancel any service.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you

ALL FEES ARE NON-REFUNDABLE , IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. We reserve the right to change fees, surcharges, renewal fees at any time, for any reason, at our sole discretion, without prior notice to you. 

For most domain names - the providers of the domains and the 3rd parties charge a large fee once the domain goes passed the renewal date - these fees are with them and any payment of them has nothing to do with us what so ever. We can pay them on your behalf once you have made payment to us for the same value.

It is your responsibility to renew the domain names you own - we will try to contact you over a 3 month period to let you know they need renewing. We do not accept any liability in relation to domain names not being renewed and or the name being taken if you fail to renew it.

Due to the nature of domain name registration, all sales are final. No refunds can be issued once a domain name is registered.

You are solely responsible for ensuring the Services are renewed. WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW ANY SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES OR HSBC PAYMENT ISSUES.


For all global domain name registrations (.COM, .NET, .ORG) you are entering into an agreement with ADVANTAGE INTERACTIVE LTD. ("ADVANTAGE INTERACTIVE LTD") a registrar accredited by ICANN (Internet Cooperation for Assigned Names and Numbers) to directly register global domain names. To view their terms and conditions http://www.advantage-interactive.com/reg_agreement.html

For all email and website hosting - you agree to these Terms and Conditions from Donhost, The Acceptable Use, must be followed or your website and or Email will be shut down, in some cases without prior warning,
http://www.donhost.co.uk/about/terms/acceptable-use

http://www.donhost.co.uk/about/terms/general-terms


We reserve the right to cancel any or all parts of the services we provide to you if for any reason you bring our company name into disrepute, or do not follow all the terms and conditions on website usage. 

You must not bring us in to any litigation between you and a 3rd party, we will suspend and or stop any services if this happens without notice.

All services we provide have additional 3rd parties providing the hosting, name registration and related services, if any of these services are stopped or suspend for any reason to do with you, your website and or related services then we offer no liability if you have not follow all the terms and conditions, which include anything to do with copyright, trademarks and any other breach, 

IF ANY OF THE TERMS ARE NOT FOLLOWED WE WILL TELL YOU WE ARE TO CLOSE YOUR ACCOUNT AND YOU WILL HAVE A SHORT TIME TO MOVE YOU SERVICES AWAY,

WE RESERVE THE RIGHT TO CANCEL ANY SERVICE TO ANY CLIENT AT ANY TIME WITHOUT NOTICE, WHEN ANY OF OUR TERMS OR THE 3RD PARTIES TERMS ARE NOT FOLLOWED. 


YOUR WEBSITE SERVICES CANCELLED, STOPPED OR SUSPENDED

WE WILL CLOSE, STOP OR SUSPEND YOUR SERVICES DUE TO ANY TRADEMARK, COPYRIGHT OR TERMS & CONDITIONS ISSUE AT OUR DISCRETION TO PROTECT OUR GROUP 

WE WILL NOT GET INVOLVE IN ANY ACTION BETWEEN YOU AND A 3RD PARTY WITH COPYRIGHT OR TRADEMARK CLAIMS, WE WILL SUSPEND, CLOSE YOUR SERVICES UNTIL SUCH TIME THAT YOU AND THAT PARTY GET RESOLVED,

Without prejudice to its other rights and remedies, Vikatec may at its sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events: 

SOME REASONS WHY WE WILL STOP YOUR SERVICES ARE:

1: any issue by any competent authority of an order which is binding on Vikatec which affects the Services;

2: as a result of any legal implications put on us in order to limit the company’s liability;

3: any breach by the Client or its employees, agents or subcontractors of the Agreement;

4: Any case for us to close or stop the services due to copyright or trademark issues;

5: in the event that any of the 3rd party services we use stop, suspend or cancel the account you are using for any reason;

6: if the Client fails to pay any Fees or any other sums owing to Vikatec by the Client when they fall due;

7: if an event occurs and Vikatec deem it to be appropriate to terminate the Agreement;

8: failure by the Client to adhere to any of the provisions outlined in Vikatec's acceptable usage policy;

9: The Client warrants that the Client Materials will be accurate in all material respects and will not knowingly include material which is illegal, the accessing holding transmitting or supplying of which would be a criminal offence or which is otherwise unlawful or in breach of any applicable law or code of practice applying to such materials. In particular, the Client warrants that all necessary licences, consents and waivers (including those from rights owners, performers and other contributors) are obtained and paid for by the Client. Without prejudice to the foregoing, Vikatec may decline to use any Client Materials on any reasonable grounds.

10: if you do not adhere to all third party's terms and Conditions which result in services being stopped or suspended;



Ad Keys and Marketing:

All ads done by us are on the behalf of clients and it is their 100% responsibility to check and remove any search keys they do not want to use, this includes checking trademarks, copyright and goodwill issues,  WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH YOUR AD CAMPAIGNS.

We do not have knowledge of other businesses and their copyright, trademarks or trading names or goodwill names, so it is down to you (the client) to make sure non are being using in any way by your website, ads or other marketing, 


TRANSFERRING DOMAINS:
You acknowledge and agree that any request for transfer will be can not be made within the first sixty (60) days of domain registration, and is subject to an admin fee of £25+vat per name to be transferred. 

Any charges by the new registrar are between the domain owner and the new registrar - any fees paid to us are in no way to do with any other 3rd parties unless stated by us.

The transfer of a domain name to another registrar or a new registrant by the existing registrant may result in any services associated with the domain name being terminated. 

You agree that, if you are using the Services for someone else or moving the domain for a client, then you represent and warrant that you have: (1) provided notice to that third party of your intent to purchase the Service(s); (2) obtained that third party's express consent to purchase the Service(s) on its behalf; and you accept liability for harm caused by wrongful use of the Services. 


Other Important Terms:

1.

These Conditions shall apply to all contracts between us to the exclusion of any other conditions.

2.

Whilst we shall endeavour to adhere to any particulars shown overleaf or otherwise presented to or by us, we reserve the right to make any change in them which does not impair function or performance.

3.

Each of your orders constitutes a separate account and shall be invoiced to you accordingly. Any default by us in relation to any order shall not entitle you to exercise a right of set off or to treat any other order as cancelled.

4.

Any quotation is based upon current rates for labour and materials and we reserve the right to increase our charges to reflect any increase in such rates from the date hereof up to the date of completion of the work. Quoted prices are exclusive of VAT and any other duties or tax unless otherwise clearly stated.

5.

Any quotation is valid for period of [one] month (30 days) only from the date hereof, but it is not an offer and is subject to our receipt and acceptance of your written confirmation.

6.

We shall replace any defective or damaged products and re-execute any faulty work with all due despatch provided that such defect damage or fault is reported to us in writing within [21] days of delivery or execution or at our option we shall refund the contract price

7.

Where we supply products that we have produced or imported into the UK we do not seek to exclude liability for death, personal injury or damage to personal property under the Consumer Protection Act 1987 resulting from defective or damaged products

8.

Subject to any other express provision of these Conditions and save for death or personal injury arising from our negligence, we shall not incur any further or consequential liability whether in contract, tort, or under the Consumer Protection Act 1987 and whether under statute or common law.

9.

We shall endeavour to meet any deadlines agreed between us but in the event of any delay howsoever caused this order may not be cancelled and we shall not be liable for any loss or damage thereby arising to you.

10.

When we are executing installation, repair or maintenance work, at your own cost you shall provide us and our employees and agents with (a) full and free access, at all reasonable times by convenient routes, to your premises and uninterrupted occupation thereof and (b) any assistance that we may reasonably request for the purpose of carrying out work. You shall ensure that working conditions on your premises comply with health and safety regulations.

11.

If you fail to comply with Condition 10 above, you shall on demand compensate us for any payments, losses, costs or expenses thereby suffered or incurred by us and indemnify us against any actions, proceedings, liabilities, claims, damages, costs and expenses brought against us by any employee, agent or other third party.

12.

your website & Copyright (images, text, sounds and other media)
The contents of your website is your own responsibility and any copyright issues are between you and the copyright owners and we the Vikatec Group accept no liability to your online media. Any brand names, product names and service names, text or images used on your site must be with the knowledge of the respective copyright holders.

Any website we have designed is to the best of our knowledge using images with no copyright or that the licence is granted for your usage. we take no responsibility for any of the images or other media on your website.

If we have been asked to provide images then these images are taken from free images sites online - if however those images are not free and any lawsuit follows in relation to usage or copyright of this media then this is at the website owners risk as we have provided the service we were asked to do and in no way say that any image we source is 100% save unless we have created said image ourselves.

In the design process of any website we are working for you on your behalf and you need to oversee any copyright issues as the legal owner of that website that no rights to reproduce, adapt, display, distribute, and create derivative works have been breached, we are not paid by you to undertake this action and accept no liability. Ignorance is not a defence in this matter - you have agreed to these terms before you ordered the goods.

If in doubt do not use or have removed any media you can not verify, even if we or any other party has provided it - remember it is at your risk if you do not follow this advise, we will remove or change any for you free of charge if you feel there may be ownership issues.
 

13.

You shall pay our total charges within 30 days of the date of the invoice and if payment is not made in accordance with the agreed terms we reserve the right to charge interest on the amount for the time being outstanding at the rate of [2% per month] as well after as before any judgment.

14.

We shall be entitled to exercise a lien over any goods belonging to you in our power, possession, custody or control as security for any charges or other monies due from you to us whether or not invoiced.

15.

Risk of loss or damage to our products shall pass to you on delivery and from such time you shall keep them fully and properly insured with an insurance office of repute against fire, theft, and other usual risks to full replacement value.

16.

No warranty as to our title to patent, copyright, registered design, design right, trade mark, service mark or other intellectual property rights in our products shall be given and no intellectual property rights shall pass to you. You shall not use or deal with our products in such a way as to infringe the intellectual property rights of any third party and shall indemnify us against any actions, proceedings, liabilities claims, damages, costs and expenses in relation to arising out of any such infringement.

17.

Neither legal title to nor beneficial ownership of our products shall pass to you by delivery until they have been paid for in full and other outstanding sums due from you to us have also been paid. Notwithstanding this reservation of title, we reserve the right to maintain an action for the price of our products. Until title has passed you shall:-

(a)

You shall store and keep our products as bailee separate and readily identifiable.

(b)

You shall not resell the products at a price less than their full invoice value.

(c)

You shall resell the products as principal and not as our agent.

(d)

Out of any proceeds of resale or insurance, you shall hold on trust for us in a separate designated bank account a sum equal to the full invoice value of our products and shall inform the bank of the existence of the trust.

(e)

You shall assign to us any claims against sub-purchasers in respect of our products.

(f)

We shall be entitled at any time to enter upon your premises to repossess our products, if necessary by severing them from other products, and thereafter to keep and resell them.

(g)

If we repossess and sell our products after they have been combined with other products then we shall account to you for the balance between the sale proceeds and our original price.

These rights and obligations shall be equally binding against and on any trustee in bankruptcy, liquidator, administrative receiver, administrator or receiver appointed over you. If a company, you shall give us 14 days written notice before taking steps to procure the appointment of an administrator or commence winding up. Nothing in this Condition shall be construed as giving rise now or in the future to a charge over our products.

18.

In the event of your defaulting in or committing any breach of any of your obligations hereunder or your committing any act of bankruptcy, winding up, any composition or arrangement with your creditors, presentation of a petition in respect of any debt which you appear to be unable to pay or have no reasonable prospect of paying, or the appointment of an administrative receiver, administrator or receiver over all or any of your assets then:-

(a)

Notwithstanding the credit period referred to in Condition 12 all monies to become due and payable shall be due and payable immediately.

(b)

We shall be entitled to determine this and all other outstanding orders without liability and without prejudice to any of our accrued rights and remedies Provided That any of these Conditions capable of having effect after termination shall continue to have such effect.

(c)

Subject to the Insolvency Act 1986, any person having conduct or control over your business or assets shall be required to return our products forthwith notwithstanding that they may have been attached to other products or subjected to a manufacturing process.

19.

Each of these Conditions and each part thereof is separate and severable from any other Condition or part thereof and any invalidity, illegality or unenforceability of any Condition or part thereof shall not impair the enforceability of any other Condition or part thereof.

20.

These Conditions are exhaustive and exclude all other representations or warranties express or implied by statute or common law and may only be varied in writing by signed agreement between us.


For our other Terms and Conditions, Policy’s and guides, please read the following:-
  • Terms and Conditions that apply to all transactions on this website, click here.
  • Privacy Policy and your data protection rights, click here.
  • Delivery & Installation terms, click here.
  • WebSite Security, Safe and secure shopping with Vikatec online, click here.
  • Vikatec Limited 2006, Terms of Use, click here.

 

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