WEB SITE HOSTING, WEB SITE DESIGN, DOMAIN NAMES & STATIONERY

2. Provision of the service
2.1 We will use reasonable endeavours to provide any Services by the date(s) stated.  The timetable will commence once all the necessary data has been received by AdTec Solutions.  AdTec Solutions cannot be held liable for any services that are delivered after any target date.

2.2 AdTec Solutions reserves the right to change the technical specification of the Service from time to time, provided that any change to the technical specification does not materially affect the performance of the Service.

3. Use of personal information
3.1 You agree that we (or any of our Group companies) may process personal information (including contact details) which you provide to us in the Order Form or that we learn or receive from you in connection with your use of the Services. We may process this personal information in order to administer the Contract and for purposes connected to the Services and your business relationship with us, including (by way of example details) which you provide to us in the Order Form or that we learn or receive from you in connection with your use of the Services. We may process this personal information in order to administer the Contract and for purposes connected to the Services and your business relationship with us, including (by way of example only), for the purpose of notifying you (whether by mail, telephone or email), of new or additional products or services provided by us, our Group companies and selected third parties. Unless you have ticked the box indicating your objection on the Order Form, we may disclose personal information to selected third parties for marketing purposes.

3.2. You may contact at AdTec Solutions Limited, PO Box 335, Epsom, KT17 3WB Tel: 0870 241 7014,

email: info@adtecsolutions.co.uk, to instruct us to stop using or disclosing personal data for direct marketing purposes.

3.3. If we collect personal information in connection with this Contract, we will treat and use the information in compliance with the provisions of all relevant data protection laws, including, if applicable, your right to access the personal data and to request at any time any amendment or corrections thereto.

4. Intellectual Property Rights and License of AdTec Solutions and Third Party Software
4.1 If, as a part of the Service, we provide you software, whether owned by us or a third party, you agree that the ownership of and all intellectual property rights in the software shall remain vested in the owner.

4.2 You will have a limited non-exclusive non-transferable licence to use the software solely in connection with the Service. The terms and conditions of this license are contained in the end user license agreement that is included with the software. Any other use of or dealing with such software is strictly prohibited.

4.3 AdTec Solutions makes no representations that the customer's Web pages does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party.  You shall not hold AdTec Solutions liable for any damages, injuries or losses incurred by you as a result of any action instituted by a third party.

4.4 You must obtain permission for AdTec Solutions to use any material which is copyright of a third party. You will agree to indemnify and hold harmless AdTec Solutions from all claims resulting from any negligence or failure to obtain permission to use such copyright material.

4.5 You will give AdTec Solutions the right to publish and use all material provided by you, such as graphics, photographs, logos and text.

4.6 The web site and each of its modules, is the property of AdTec Solutions. None of the data or content found on the website may be reproduced, republished, distributed, posted, sold, transferred, linked to or modified without the express written permission of AdTec Solutions.  In addition, the trademarks, logos and service marks displayed on this Site ("the Trade Marks") are registered and nothing contained in this Site should be construed as granting by implication, estoppel, or otherwise, any licence or right to use any of the Trade Marks without AdTec Solutions permission.

4.7. All intellectual property rights (including any patent, copyright, database rights, registered design, trade mark, trade name, know-how or industrial or intellectual property right subsisting anywhere in the world and any applications to protect any of the above) and goodwill in and relating to the website (including all components developed and produced for the website including the up-dates, format, art direction, look and feel and content) (the "Intellectual Property Rights") shall be owned by and vest absolutely in AdTec Solutions and to the extent that such rights are not automatically vested in AdTec Solutions, you will assign to us with full title guarantee all such rights. AdTec Solutions may use all such intellectual property rights in any manner and for any purpose it chooses.

5. Indemnification by the Customer
5.1 You, the Customer, indemnify and hold harmless AdTec Solutions and all its subsidiaries and affiliates against any and all liability, loss, damage and expenses (including legal expenses), whatsoever arising directly or indirectly (which shall include consequential and indirect loss, loss of revenue profits, data, contracts, goodwill and anticipated savings) (all of which are referred to as "Damages") from any of your acts or omissions, including those of your employees, agents or sub-contractors, other persons you authorise to use the Services, or persons who use or access the Services without authorisation as a result of your action or omission (each, a "User") including without limitation, any breach by you of any of the terms of the Contract, or any content maintained, stored or transmitted by you in connection with the Services provided to you by AdTec Solutions.

5.2 This also means that, except as noted in this Section 9, you have waived any claim against us and we will have no liability for any losses you may incur as a result of any delay, failure or error in the transmission of information or interruptions or deterioration of the quality of the Service.

6. Suspension of the Service and Force Majeure
6.1 AdTec Solutions may suspend the Service which include hosting and email at no notice following a third-party complaint.  If after suspension of a Service, we receive written confirmation that a third-party complaint has been resolved, we may reinstate the Service.

6.2 We may also suspend the Services for operational reasons such as repair, maintenance or improvement of the network without notice, we will though normally provide at least two (2) calendar days prior notice, unless such notice is impracticable in the case of an emergency or a Force Majeure event.  If such suspension lasts or is to last for more than 7 days you will be notified of the reason.  Service updates are usually scheduled for Sundays 1-5am.

6.3 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 down-time of the Server.
 

6.4 If either party is unable to perform any obligation under this Contract because of a matter beyond the reasonable control of the party ("Force Majeure") such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving either of the party's employees), or acts of local or central Government or other competent authorities, or act or omission of suppliers, including but not limited to an act or omission of telecommunication suppliers, such party will have no liability to the other for that failure to perform.

6.5 If any event of Force Majeure continues for more than sixty (60) calendar days either of us may terminate the Contract after providing written notice of the intent to terminate as permitted under Section (7) below.

7. Duration and termination
7.1 The term of the Web Design Contract shall continue for a minimum period of one year.  Existing monthly contracts will be automatically renewed for successive one month periods unless you notify us by email, mail or by calling our offices.  Payment for services is due in advance in monthly payments by standing order. 

7.2 You may cancel/terminate the web design contract and services provided within the contract agreement by notifying us by email, mail or by calling our office.  Cancellation will become effective at the end of your current billing month when we will then remove your website and is subject to the minimum 12-month contact. No partial monthly refunds will be allowed.

7.3 For any termination of the contract, you must receive written acknowledgement from AdTec Solutions either through writing or electronic email that we have received your instructions.  This will be your only proof of cancellation. 

7.4 Any copies of letters or emails from you terminating services will not be deemed as evidence that we have received those instructions.

7.5 AdTec Solutions may terminate this Contract if you breach any of the provisions of this Contract in any respect.  With respect to payments, we may terminate immediately and without notice if you fail to pay any Charge or costs owed when the payment is due. For any other breach, we may terminate the Contract if you fail to correct or remedy such breach within ten (10) business days of written notice of such breach.

7.6 You may terminate this Contract if we breach any of our obligations in any material respect and fail to correct and remedy such breach within fifteen (15) business days of receiving written notice from you describing the breach.

7.7 If we terminate this Contract, all amounts due under the Contract shall immediately become due and payable in full, even though our obligations to render the Services to you will terminate.  We reserve the right to seek other remedies we may have under this Contract and at law.

7.8 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

7.9 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.

7.10 We reserve the right to suspend the Services and/or terminate this Agreement at any time.

7.11 You may cancel the Services at any time.

7.12 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.

7.13 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.

8. Warranties and limitation of liability
8.1 All warranties, conditions, undertakings or terms, express or implied, written or oral, statutory or otherwise, in respect of the Service are excluded to the fullest extent permitted by law, except as expressly provided in the Contract.

8.2 You acknowledge that the Charges are determined--and we would not be willing to provide the Services except-- on the basis of the exclusions from and limitations of liability contained in the Contract. You expressly agree that these exclusions and limitations are commercially reasonable.

8.3 You agree that, to the fullest extent permitted by law and except as noted in this Section (8), your sole and exclusive remedy against us for any claim, whether arising out of contract, tort, misrepresentation or otherwise, will be to terminate this Contract.

8.4 You further agree that in no event shall our liability with respect to any event or series of events or connected events arising out of or relating to this Contract exceed in aggregate the pro-rated monthly charges payable by you during the three (3) months (or where applicable, such other shorter period of time) preceding such event.

8.5 You shall have no right to make a claim against us (and you are hereby waiving all such rights) except where you notify us in writing of the circumstances giving rise to such claim within two (2) months and issue legal proceedings against us within twelve (12) months of the date that you know or reasonably should have known of your right to bring such a claim.

8.6 We acknowledge that nothing in this Section 9 will limit our liability to you for fraudulent misrepresentation or death or personal (physical) injury resulting from our negligence, or the negligence of anyone for whom we are vicariously liable under the law. However, this is not intended to provide you with a right or remedy which you would not otherwise have.

8.7 This Section (8) shall survive the termination of the whole or a part of the Contract.

9. Dispute resolution
9.1 You agree that before you resort to any third party relief (including the courts), you will attempt to resolve the dispute by notifying us by electronic mail or registered post of your complaint. For our part, we agree to review such complaint and notify you in writing of our findings within twenty (20) business days following the reception of your notice.

10. Governing law and jurisdiction
10.1 The Contract, which includes these Terms and Conditions and the Order Form, shall be governed by the laws of England and Wales.

11. Changes to the contract
11.1 AdTec Solutions may, at any time, change the Charges for the Service and amend or modify any of the terms and conditions for the provision of the Service.

11.2 Such changes, amendments or modifications will take immediate effect upon the expiration of any time period specified in any notice sent to you. If any material modification to the terms of the Contract is not acceptable, you may terminate the Contract by notifying us within the terms of Section (7.2). You may not however terminate the Contract under Section (11.1) above if such modifications, changes or amendments to the terms and conditions of the Contract are made in order to comply with any law or regulation or other requirement applicable to or imposed upon AdTec Solutions by any competent authority. The continued use of the Service following the expiry of the notice of modification shall be conclusively deemed acceptance of the changes, amendments or modifications and your right to terminate shall end.

12. Miscellaneous
12.1 If any provision of the Contract is held to be unenforceable, illegal or void in whole or in part the remaining portions of the Contract shall remain in full force and effect.

12.2 Any notices under this Contract shall be sent to the addresses shown on the Order Form, unless specifically instructed in writing to do otherwise.

12.3 You may not assign this Contract, or assign your rights or delegate your obligations under this Contract without our written consent. We may, at our discretion, assign this Contract and our rights and delegate our obligations under this Contract to any of our affiliates or to any company that acquires our business or assets.

12.4 The Contract between you and us shall consist of these Terms and Conditions and the Order Form, all of which together shall form the entire agreement between the parties. The Contract may not be modified in any respect except in writing and signed by both parties. No course of trade or custom shall change the terms of this Contract.

12.5 AdTec Solutions reserve the right to refuse to host, maintain, or service any website being used in violation of UK laws. AdTec Solutions reserve the right to remove from its server any such material or website without giving reason or cause.

13.1 Invoicing and Default
13.1 AdTec Solutions shall invoice the customer for services rendered in accordance with the terms and conditions set out in this contract. You shall have a period of ten (10) business days from date of invoice to satisfy any and all charges.

13.2 Accounts remaining unpaid after fifteen (15) business days from the date of the invoice will be deemed to be in default until such time as full payment is received. AdTec Solutions will at its discretion, disable or remove websites and other files in default of payment. Such disabling or removal of material will not relieve you of their obligation to pay any outstanding charges. For all accounts in default, AdTec Solutions reserve the right to charge interest at the rate of 1% per calendar month of the outstanding balance. For all accounts in default, AdTec Solutions may send reminder letters every seven days until such time as the debt has been repaid. These letters may incur a charge of £10.

13.3 Cheques returned unpaid due to insufficient funds will be assessed a service charge of £25. If an account remains unpaid after forty (40) business days of the date of the invoice, then AdTec Solutions will commence legal proceedings to recover the debt. You will be held liable to all costs incurred by AdTec Solutions in recovering the debt.

13.4 All standing order instructions must be set up in accordance with banking rules. If you amend any account details  you must provide AdTec Solutions with the new instruction details at least fifteen (15) business days before the new account commences.  If AdTec Solutions do not receive payment for any month by standing order, as agreed in the contract, then AdTec reserve the right to suspend of terminate its services immediately and without notice to you.

13.5 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.

13.6 For all printing services, payment must be paid in full and in advance of services. 

13.7 There will be no refund for any printing services unless the end product is materially different to the signed colour proof.  This does not include changes to shades of colour, cards or prints within 5mm outside stated sizes, or touch or feel not as expected.  The colour proof is not an exact copy of any end product.

13.8 Refunds for printing services will only be offered if the end product has significant changes from the colour proof, including typing errors, and logo placements.  This decision is at the sole discretion of AdTec Solutions Limited.

13.9 AdTec reserve the right to request a deposit for any services provided.

13.10 AdTec reserves the right to add a 3% surcharge on all visa/mastercard credit card transactions.

14. Services
14.1 When the website is complete, AdTec Solutions will seek confirmation that you wish to publish the site through AdTec Solutions.  We shall not launch the website until we have received confirmation on the Order Form, payment or standing order instructions.   

14.2 Any deposit as well as the first payment (3 months) in the monthly packages is non refundable.

14.3 Following completion of Section (14.1) we will upload the web site onto the Internet.

14.4 AdTec Solutions undertake to maintain websites and to repair faults notified to us within 48 hours of notification being received by us in writing or by electronic email.

14.5 AdTec Solutions will undertake to update websites as agreed with you. AdTec Solutions reserve the right to delay or refuse updates which are outside the agreements.

14.6 AdTec Solutions will register your web site with the search engines as instructed, following payment, but do not guarantee placing in search engines.

14.7 We make no representation that the domain name you wish to register 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 your requested 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.  We shall remind you that your domain name needs re-registering, however, we shall not be held responsible if you fail to respond and you lose your domain name.

14.8 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. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

14.9 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 withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

14.10 To transfer a domain name in or out, the domain name must be registered for more than 60 days and must be at least 40 days from it's renewal date. Free domain names issued with hosting accounts maybe charged £15 for transfer.  Any other transfer charges that you may incur would come directly from your current hosting provider.

14.11 AdTec Solutions charge a fee for the registration of a domain name. This fee includes the fees to the regulatory authorities. If AdTec Solutions maintains a website for you, then the annual domain name renewal fees will be paid by AdTec Solutions. In all other circumstances, the holder of the domain name will be responsible for ensuring renewal fees are paid. AdTec Solutions will accept no responsibility for the loss of domain names or websites due to a clients failure to pay the required fees.

14.12 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.

14.13. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

14.14 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 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.

14.15 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.  AdTec offers an unlimited use policy by maintaining very large ratios of bandwidth and web space per customer. In rare cases, if a customer is using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, AdTec reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

14.16 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.

14.17 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Adult or illegal MP3 content.

14.18 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.

14.19  Any file you store on the server will be reachable via a hyperlink from a page on your site.

14.20 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. 

14.21. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

14.22 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.

14.23 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.

14.24 In the case that a client makes any uploads via FTP access, then AdTec Solutions will not be responsible for the maintenance and updating of the site and will only ensure that the client has FTP access and hosting services in accordance with Section 6.  It is then at the sole discretion of AdTec Solutions to offer free updates if a client has decided to make their own amendments via FTP.   

14.25 AdTec Solutions will restore a clients web site, following payment,  to its original settings following instructions to upload the back up which AdTec Solutions holds.

14.26 If a client requires services on a web site which has been amended from its original conception provided by AdTec Solutions, then AdTec will charge either £25 per hour or per page, which is appropriate and as stated in the pricing structure.

14.27  All hosting accounts are paid for in advance for one year and are non-refundable.