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The following terms and conditions apply to the web site of www.ebwaymedia.com. To use and order goods from this web site indicates your acceptance of these terms and conditions, please read them carefully. These terms and conditions do not affect your statutory rights as a consumer.
To order goods from Ebway Media Ltd you must be at least 18 years of age.
Ebway Media Ltd, Company No. : 05086707.
Where the context admits: "We" includes Ebway Media Ltd or any party acting on Ebway Media Ltd's implicit instructions. "You" includes the person purchasing the Services or any party acting on the customer's instructions.
1. Hosting
1.1. We make no representation and give no warranty
as to the accuracy or quality of information received by any person via the Server
and we shall have no liability for any loss or damage to any data stored on the
Server.
1.2. You represent, undertake and warrant to us that you will
use the Web Site allocated to you only for lawful purposes. In particular, you
represent, warrant and undertake to us that.
1.2.1. You will not use the Server in any manner which infringes
any law or regulation or which infringes the rights of any third party, nor will
you authorise or permit any other person to do so.
1.2.2. You will not upload, post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or otherwise objectionable in any
way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal
offence or which infringes any patent, trade mark, design right, copyright or
any other intellectual property right or similar rights of any person which may
subsist under the laws of any jurisdiction.
1.2.3. You will not send bulk email whether opt-in or otherwise
from our server. Nor will you promote a site hosted on our server using bulk
email.
1.2.4. You will not employ programs which consume excessive
system resources, including but not limited to processor cycles and memory.
1.2.5. Any file you store on the Server will be reachable via
a hyperlink from a page on your site.
1.3. We reserve the right to remove any material which we deem
inappropriate from your Web Site without notice to you.
1.4. You shall keep secure any identification, password and
other confidential information relating to your account and shall notify us immediately
of any known or suspected unauthorised use of your account or breach of security,
including loss, theft or unauthorised disclosure of your password or other security
information.
1.5. You shall observe the procedures which we may from time
to time prescribe and shall make no use of the Server which is detrimental to
our other customers.
1.6. You shall procure that all mail is sent in accordance with
applicable legislation (including data protection legislation) and in a secure
manner.
1.7. In the case of an individual User, you warrant that you
are at least 18 years of age and if the User is a company, you warrant that the
Services will not be used by anyone under the age of 18 years.
1.8. While we will use every reasonable endeavour to ensure
the integrity and security of the Server, we do not guarantee that the Server
will be free from unauthorised users or hackers and we shall be under no liability
for non-receipt or misrouting of email or for any other failure of email.
1.9. No more than one login session under any one account may
be used at any time by you. If you have multiple accounts, you are limited to
one login session per system account at any time.
1.10. Expect zero tolerance if you do not adhere to these terms.
2. E-mail
2.1 We have zero tolerance for Unsolicited Bulk Email (UBE) that is in any way
associated with Ebway Media Ltd, its clients, or any of its client's associates.
Customers are prohibited from using UBE as a means of advertising data or services
hosted on ebwaymedia.net, or using the network to distribute such materials.
Infringements of this policy can result in any one of the following:
(a). A warning from Ebway Media Ltd, via E-mail or phone.
(b). Removal of DNS for the advertised / originating site.
(c). Temporary shutdown of the server or a block on outgoing mail.
(d). Permanent
disconnection of service.
2.2 Infringements of this policy include, but are not limited to:
(a). Sending mail to users who have not specifically requested to receive such
mail, including opt-out mailing lists.
(b). Sending, being involved in sending,
or employing a third party to send mail which advertises or mentions a site hosted
at ebwaymedia.net to users that have not specifically requested this mail.
(c).
Forging of message headers to mask the originator of the message.
(d). Harassment,
whether through language, frequency, or size of messages, is prohibited.
3. Payment
3.1 All charges payable by you for the Services shall be in accordance with the
scale of charges and rates published from time to time by us on our web site
and shall be due and payable in advance of provision of the Services.
3.2 We reserve the right to change pricing at any time although all pricing is
guaranteed for the period of pre payment.
3.3 Payment is due each year following the date the Services were established
until closure notice is given in accordance with 4.4.
3.4 All payments must be in UK Pounds Sterling.
3.5 If your cheque is returned by the bank as unpaid for any
reason, you will be liable for a "returned cheque" charge of £35.
3.6 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.
4. Termination and Refunds
4.1 We shall be entitled to suspend the Services and/or terminate this Agreement
forthwith without notice to you If you:
4.1.1 fail to pay any sums due to us as they fall due.
4.1.2 break any of these terms and conditions.
4.1.3 are a company and you go into insolvent liquidation or suffer the appointment
of an administrator or administrative receiver or enter into a voluntary arrangement
with your creditors.
4.2 Refunds for Services suspended in accordance with 4.1 are at the discretion
of Ebway Media Ltd.
4.3 We reserve the right to suspend the Services and/or terminate this Agreement
at any time. In the event of this You will be entitled to a pro rata refund based
upon the remaining period of prepayment.
4.4 You may cancel the Services at any time. To do so you must request cancellation
of the Services in writing including your account username and password. We will
cancel the Services within 2 working days of receipt of your request.
4.5 During the first 30 days of Services, You are entitled to a refund of the
basic hosting plan rental fee should You decide to cancel the Services.
4.6 Where payment has been made by credit or debit card, any refund will only
be issued to the same credit or debit card.
4.7 On termination of this Agreement or suspension of the Services we shall be
entitled immediately to stop access to your Web Site and to remove all data located
on the Server.
5. Payment Options and Policy
5.1 Credit / Debit Cards, we accept Visa, Master card, Euro card, Visa Debit,
Switch, Solo, Delta and JCB
5.2 Cheque payments; we require credit / debit card number with all presented
cheque's. We cannot guarantee that a service will be provided until after any
received cheque's have been cleared.
5.3 All accounts are set up on a prepay basis. Although we reserve the right
to change prices of accounts or services at any time all pricing is guaranteed
for the period of prepayment. Payment is due each anniversary year or month following
the date the account was established.
5.4 Notification of account renewal be sent 30 days before the
12 month anniversary of the account.
5.5 We reserve the right to suspend all services until outstanding
debts are cleared. The customer is responsible for all money owed on the account
from the time it was established to the time that the customer sends a written
cancellation request.
5.6 No bills or invoices will be sent by regular mail. All invoices will be sent
directly to customers via email shortly after the online purchase has been made.
5.7 All payment are in UK sterling.
6. Delivery of services
6.1 All services supplied by ebwaymedia.net will be activated on clearance of
payment, with cheque payments this normally around 7 working days.
6.1.1 With credit and debit card payments services are normally activated within
24hrs.
6.2 If we can not supply the services within the time scale notified we will
contact you, or if you wish, you can contact us by e-mail.
7. Indemnification
7.1 Customer agrees that it shall defend, indemnify, save and hold Ebway Media
Ltd harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Ebway Media Ltd its contractors
or its customers that may arise or result from any service provided or performed
or agreed to be performed or any product sold by customer, its agents, employees
or assigns.
7.2 Customer agrees to defend, indemnify and hold harmless Ebway Media Ltd against
liabilities arising out of;
7.2.1 Any injury to person or property caused by any products sold or otherwise
distributed in connection with Ebway Media Ltd services
7.2.2 Any material supplied by customer infringing or allegedly infringing on
the proprietary rights of a third party.
7.2.3 Any Copyright infringement.
7.2.4 Any defective products sold to customers, agents or assigns from Ebway
Media Ltd services.
7.2.5 Ebway Media Ltd however is not seeking to exclude its liability for negligently
caused death or personal injury, nor for any defective service that it may provide.
8. Notices
8.1 Any notice to be given by either party to the other may be sent by either
email, fax or recorded delivery to the address of the other party as appearing
in this Agreement or ancillary application forms or such other address as such
party may from time to time have communicated to the other in writing, and if
sent by email shall unless the contrary is proved be deemed to be received on
the day it was sent or if sent by fax shall be deemed to be served on receipt
of an error free transmission report, or if sent by recorded delivery shall be
deemed to be served two days following the date of posting.
9. Service Availability
9.1 We shall use our reasonable endeavours to make available to you at all times
the Server and the Services but we shall not, in any event, be liable for interruptions
of Service or downtime of the Server.
10. Complaints
10.1 At Ebway Media Ltd will we endeavour to respond to all complaints
within 24 hours.
10.2 We will keep you informed throughout the complaint and will advise you on
the time it will take to resolve the complaint.
10.3 If for any reason you have a grievance with any service
we provide contact us immediately either by phone (0845
058 1107), by email or write to our head office; Ebway Media Ltd, 7 Brookhill
Close, Diggle, Oldham. OL3 5NH.
11. Acceptance of the Agreement
11.1. You acknowledge that you have read this agreement and agree to
all its terms and conditions. You have independently evaluated the desirability
of the service and are not relying on any representation agreement, guarantee
or statement other than as set forth in this agreement.
11.2 Your statutory rights are not affected
12. Law
12.1 This Agreement shall be governed by and construed in accordance with English
law and you hereby submit to the non-exclusive jurisdiction of the English courts.
