TERMS & CONDITIONS
1 In General
Access to and use of this Web site and the products and search services available through this Web site (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time. This Web site also contains links to other Web sites, Web pages and services, which are not operated by 123 Internet (the “Linked Sites”). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to the these Terms of Service. You recognise that 123 Internet has no control over such Linked Sites and information, and you accept that 123 Internet provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person’s trade marks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the 123 Internet Web site.
4 Intellectual Property, Software and Content
The intellectual property rights in all software made available and content supplied to you remains the property of 123 Internet, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by 123 Internet, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the 123 Internet site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by 123 Internet, its licensors, advertisers or content suppliers. 123 Internet™ is a trade mark belonging to 123 Internet Limited. No license or consent is granted to you to use these marks in any way, and 123 Internet reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of 123 Internet Limited.
5 E-tail of Products and Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. 123 Internet are absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be 123 Internet or in certain cases a third party. Where a contract is made with a third party 123 Internet is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. Our returns policy. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
6 DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE AND THE LINKED SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, 123 Internet DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND CONTENT INCLUDED IN AND ACCESSIBLE FROM THIS WEB SITE OR THE LINKED SITES
7 DISCLAIMER OF LIABILITY
UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW 123 Internet, ITS CONTENT PROVIDERS, ADVERTISERS OR LINKED SITES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEB SITE OR THE LINKED SITES, EVEN IF 123 Internet HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. YOU HAVE READ THIS DISCLAIMER AND AGREE TO IT ON THE BASIS THAT YOU AGREE IT IS REASONABLE.
You agree to indemnify, defend and hold harmless 123 Internet, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the 123 Internet services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
10 Governing Law
These terms and conditions shall be construed in accordance with English law and the courts of England OR the jurisdiction in which you are resident or domiciled (at 123 Internet’s election) shall have jurisdiction to resolve any disputes between you and 123 Internet, without regard to any choice of law provisions or private international law. You hereby consent to the exclusive jurisdiction and venue of the Royal Courts of Justice, Strand, London, UK, for any and all disputes relating to the Terms of Service, use of this Web site or any Linked site in the event that 123 Internet have elected England as the jurisdiction.
11 Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and 123 Internet. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of 123 Internet.
Terms & Conditions relating to Web Design & Development.
Orders are accepted on condition that the wording complies with current legislation and confirms to the provisions of the British code of Advertising Practice.
Definitions: In this agreement the terms have the following meanings:
(a) “The Client” means any person, company, partnership, organisation or body at whose application, 123 Internet agrees to to provide the products and/or services under the terms of the agreement.
(b) “The Agreement” means the contract between 123 Internet and the Client to which these conditions will apply.
(c) “The Order Form” mean the digital or printed document completed by the client in order to enter the Agreement.
(d) “Order” is the request by the Client for products and/or services in the order form/agreement
(e) “Completion of site” means 5 days from the site being uploaded to a temporary site on the server of 123 Internet, for approval by the client, without notification from the client that the site is unsatisfactory.
(f) “Deliverables” are the outputs of services to be supplied under the agreement and shall include but are not limited to, all software and written material, including programs, tapes, listings and other programming documentation.
Scope: This agreement shall apply to all goods and/or services ordered by the client from 123 Internet
Payment: An upfront payment of 50% of the total fee is due with order, unless otherwise agreed, in which case payment is due upon completion of site. Whilst any payment due under the agreement remains outstanding, 123 Internet shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. All payments by cheque, bankers draft or money order must be made in pounds sterling. All credit card and debit card transactions will be processed in pounds sterling
Liability: 123 Internet hereby excludes itself, its Employees and or Agents from:- all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to clients artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
Copyright: Any web page; design or entire site designed by 123 Internet carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement. The Advertiser/customer must indemnify 123 Internet in respect of all actions; proceedings; costs demands and claims arising from any such breach.
Precautions: Advertisements must comply with the Business Advertisements (Disclosure) Order 1997 and the Trade Descriptions Act 1968.
Delivery: on completion of work, the deliverables will be uploaded to the client area of 123 Internet Sever for approval under the terms of the guarantee. Upon written approval by the client, the deliverables will be uploaded to the clients server. Where the clients site is being hosted by a third party, 123 Internet reserve the right to delay uploading of deliverables until full payment has be received.
Guarantee: In the event that the client is not satisfied with the design of their site, 123 Internet will be provided with the reasons and the opportunity to correct these problems. Additional charges to correct the agreed problems will not be incurred by the client. Refunds to clients who are not satisfied with the design of their website after such corrections have been made will be at the discretion of 123 Internet. Additional charges including but not limited to: stock photography; electronic commerce software; online transaction processing solutions; domain name registration; web space; Internet connection provided by third parties are non refundable.
Refunds: cancellations must be made within 5 days of the client viewing the completed web site otherwise no refund can be made. Cancellations made within 5 days, may be subject to a charge, if expenses have been incurred in respect of additional expenses from third parties including but not limited to: stock photography; electronic commerce software; online transaction processing solutions; domain name registration; web space; Internet connection. Where possible third party products will not be purchased until the design has been approved. All such cancellations must be in writing within 3 days of the client viewing the completed web site, otherwise refunds will not be entertained.
Acceptance of Conditions: The placing of an order will confirm acceptance of the aforementioned conditions. Conditions stipulated on our Order Form shall be regarded as void, if they are in conflict with our conditions.
Law: These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England.
Severability: In the event any one or more of the provisions of this Agreement and/or Order Form shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order Form shall be unimpaired and the Agreement and/or Order Form shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
Terms & Conditions relating to Web Hosting.
TERMS OF SERVICE
123 Internet provides World Wide Web page hosting. 123 Internet reserves the right to suspend or cancel a customer’s access to any or all services provided by 123 Internet when 123 Internet decides that the account has been inappropriately used or otherwise.
Personal accounts are to be used by the primary owner only. Personal account holders are not permitted resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner’s web site. Exceptions to this include ad banners, classified ads, and personal ads.
Customers may however resell our Reseller packages.
123 Internet reserves the right to refuse service and /or access to its servers to anyone.
123 Internet do not allow any of the following content to be stored on its servers:
Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of 123 Internet.
Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
UNLIMITED USE POLICY
High bandwidth usage: 123 Internet offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, 123 Internet may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, 123 Internet reserves the right to impose the High Resource User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
123 Internet may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources available 123 Internet 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. Customers may be offered an option whereby 123 Internet continues hosting the website for an additional fee.
All accounts are set up on a prepay basis. Although 123 Internet reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due every 30 or 365 days, following the date the account was established. Customers will automatically be invoiced again at the end of their prepay period unless closure notification has already been given.
In situations where the cheque returns unpaid or payment is not made within the agreed terms 123 Internet will immediately suspend all facilities until the outstanding charge is processed successfully. In addition, 123 Internet reserves the right to suspend other services until the outstanding debt is 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.
All payment is in UK sterling unless otherwise stated.
In order to streamline our accounting procedures and keep costs down 123 Internet runs a limited number of payment options.
Credit / Debit Cards:
123 Internet accepts Mastercard, Visa (not Visa electron), Switch and Solo
This option is only available to customers who pay annually for their 123 Internet account. 123 Internet cannot guarantee that a service will be provided until after any received cheques have been cleared. All payment must be made in accordance of the Agreement form. Deposits to be paid before work commences, and payment to be made in full before the website/project is launched.
CANCELLATION AND REFUNDS
123 Internet reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes 123 Internet’ terms of service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time. During the initial trial period customers who wish to cancel will be entitled to a full refund for their hosting fees. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.
Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by 123 Internet. In addition some accounts incur set-up fees; these charges are also non-refundable.
Customer agrees that it shall defend, indemnify, save and hold 123 Internet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against 123 Internet, its agents, its customers, officers and employees, 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. Customer agrees to defend, indemnify and hold harmless 123 Internet against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with 123 Internet’ server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from 123 Internet’ server.
123 Internet will not be responsible for any damages your business may suffer. 123 Internet makes no warranties of any kind, expressed or implied for services we provide. 123 Internet disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by 123 Internet and its employees. 123 Internet reserves the right to revise its policies at any time.
123 Internet, 123 Internet Group, 123 Internet Designs, 123 Internet Marketing and 123 Internet Hosting are trading names of OTT Internet Ltd. Registered in England & Wales. 145-157 St John Street. London. EC1V 4PY