Where the context admits: “We”, “Our”, “Us” includes KwikClik (Kwikclik.co.uk) or any party acting on Our implicit instructions. “You” includes the person purchasing the services or any party acting on the customer’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” the relevant domain names Registry. “Server” means the computer server equipment operated by our supplier in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet.
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement: “Your statutory rights are not affected”.
All Hosting/Website and Marketing Packages
The cost of the “Services” are set out on the individual product Page, they form “Our Agreed Payment” for the 12 months Following Sign Up or Due Date and will not change until the next 12 monthly due date (at Our discretion), they are to be paid in advance Inclusive of VAT where applicable and must be paid promptly, we have facilities for the payments to be made in a number of ways (instantly online by Credit/Debit card or by Post/Mail in the form of Cheque annually, by Standing Order Monthly only for Website and Marketing Packages) and these Terms and Conditions Apply to all payment methods. Failure to pay the “Hosting Fees” in Full within 7 days of the Due Date will lead to immediate suspension of the account without any further warning. We will accept no responsibility for “Loss of Business” or any other “Consequential or Non-Consequential Loss” deemed to be a direct or indirect result of the account being suspended for Non-Payment, Late Payment or Failure to comply with any of the following Terms and Conditions.
1. Domain Names
1.1 We make no representation that the domain name you wish to host is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name.
1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to cancel, suspend or terminate your account.
2. Hosting And Email
2.1 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.
2.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Services allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
2.3.1 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 authorize or permit any other person to do so.
2.3.2 you will not 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 offense 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.
2.3.3 you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
2.3.4 you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
2.3.5 any file you store on the Server will be reachable via a hyperlink from a page on your site.
2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Adult content, freeware, shareware or trial software. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work. The streaming of audio and video media including, but not restricted to, Real(trademark) audio and video is prohibited.
2.5 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 unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
2.6 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.
2.7 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.8 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.
2.9 Any access to other networks connected to Our supplier must comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
3. Service Availability
3.1 We shall use our reasonable endeavors 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.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
3.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in 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; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
4.1 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 our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
4.2 Payment is due each anniversary year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you agree any and all payments will be made to KwikClik.
4.3 All payments credit or debit card will be made in £ GBP.
4.4 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.
5.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3 If you 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, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will not be entitled to a pro rata refund based upon the remaining period of membership.
5.6 You may cancel the Services at any time.
5.7 During the first 30 days of Services, You are entitled to a complete refund of all fees paid to us. You will not be entitled to a refund on this basis if you have previously had an account with Us. No full refunds or pro rata refunds will be made after the first 30 days of service should You or Us cancel or terminate Services.
5.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
5.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
5.10 In the event of a termination of this Agreement by Our supplier, for violation of these terms, the primary domain name(s), associated with this Agreement, will be removed from the server.
5.11 On termination of this Agreement by Our supplier, for violation of these terms, We reserve the right to reinstate the Agreement subject to the severity of the violation. In such circumstances the use of the primary domain name(s), previously associated with this Agreement, is prohibited. In the event You are unable to provide suitable primary domain name(s) You will be allocated a sub-domain name, in the form username.tylmail.com, for the remainder of this Agreement.
6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
7. Limitation Of Liability
7.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub-clause 7.2.
7.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
7.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
7.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
7.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
8.1 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.
9.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
10. Entire Agreement
10.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
11. Website Design Services
11.1 After agreement of the ‘proposal’ for your website – part payment of 50% of the full fee is payable within 14 days of the commencement of the website design – failure to make this payment will entail a withdrawal of our design services immediately with no liability on our part.
11.2 The remaining balance is payable on completion of the website by ourselves and is due before the website is turned ‘live’ to the web. Failure to pay this balance will result in a withdrawal of our services and your forfeiting of all paid fees already paid to us. No liability will be accepted on our part for this.
11.3 Website design is classed as finished once a website is turned ‘live’ and from that point all design services & all amends to a website will be classed as the ongoing management of the website and charged accordingly.
11.4 We will produce a website as per the agreed proposal, however we can accept no liability for late delivery of a website if this is due to the late delivery of text, images etc from the yourselves.