You indicate acceptance of these terms and conditions of service by placing an order with GML Consulting Limited
In this Agreement the following words and expressions shall have the following meanings:
"downtime" means any service interruption in the availability to visitors of the Website;
intellectual property rights" means patents, trade mark, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
"GML Consulting" means GML Consulting Limited
"IP address" stands for internet protocol address which is the numeric address for the server;
"ISP" stands for Internet service provider;
means the computer server equipment operated by GML Consulting in connection with the provision of the Services;
"The Services" means web hosting, domain name registration email and any other services or facilities provided by GML Consulting.
"spam" means sending unsolicited and/or bulk emails;
"virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "Trojan horses"
"Visitor" means a third party who has accessed the Website;
Product specifications and details may be obtained by contacting GML Consulting.
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of the Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the
meaning or interpretation of this Agreement
The customer wishes to provide GML Consulting with data that will be hosted on GML Consulting's servers and made accessible via the Internet.
GML Consulting provides web hosting services, either as detailed in Schedule 1 or your original quotation or your invoice, and has agreed to host the Customer's data upon the terms and conditions detailed in this Agreement.
GML Consulting shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
The Customer shall deliver to GML Consulting the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or GML Consulting (the Customer" software), in a format specified by GML Consulting.
4. CHARGES AND PAYMENT
Payment methods include cash, cheques and bank transfers. Paid into the following account: Account No. 04207165 Sort Code 40-35-09
GML Consulting shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
GML Consulting does not provide credit facilities.
From time to time GML Consulting may make enquiries on the Customer's Company, proprietor or directors of the Customers Company with credit
reference agencies. These agencies may record that a search has been made and share this information with other businesses.
Pro -rata refunds will not be issued for yearly services that are cancelled before the end of the year.
Should your chosen payment method fail GML Consulting will attempt to settle your invoke using any other payment facilities available on your account.
Should the customer fail to make any payment due under this Agreement within 30 days of the due date, then GML Consulting reserves the right to withdraw its services under this Agreement without further notice to the customer. GML Consulting will not be liable for any losses caused to the customer by withdrawing such services.
All services will renew yearly automatically until cancelled by the customer. It is the customer's responsibility to cancel services prior to renewal should they wish as no refund can be made once renewal has occurred. Customers must notify us in writing at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
Should the customer owe any monies to GML Consulting, either under this Agreement or under any other Agreement, and such payment is not made within 30 days of the due date, then GML Consulting reserves the tight to suspend its service under this Agreement without further notice to the customer. GML Consulting will not be liable for any losses caused to the customer by withdrawing such services but payment under the Agreement will be due.
5. IP ADDRESSES
GML Consulting shall maintain control and ownership of the IP address that is assigned to the Customer as part of the services and reserves the right in its sole discretion to change or remove any and all IP addresses.
Where GML Consulting changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6. SOFTWARE LICENCE AND RIGHTS
If the Customer requires use of software owned by or licensed to GML Consulting ("GML Consulting's software") In order to use the Services, GML Consulting grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use GML Consulting Software In object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or Intellectual property rights in GML Consulting Software.
In relation to GML Consulting obligations under this Agreement in connection with the provision of the Services, the Customer grants to GML Consulting a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("The Content"). For the avoidance of doubt, this agreement does not transfer or grant GML Consulting any right, title, interest or intellectual property rights in the Customer Software or the Content
The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense GML Consulting Software.
GML Consulting may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including backup copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7. SERVICE LEVELS AND DATA BACKUP
GML Consulting shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, GML Consulting makes no warranties or representations that the Service will be uninterrupted or error-free and GML Consulting shall not, in any event, be liable for interruptions of Service or downtime of the server.
GML Consulting carries out data backups for use by GML Consulting in the event of systems failure. GML Consulting does not provide data restoration facilities for individual customers unless otherwise agreed. Even though every effort is made to ensure data is backed up correctly GML Consulting accepts no responsibility for data loss or corruption.
8. ACCEPTABLE USE POLICY
The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statue or regulation. In particular the Customer agrees not to;
Use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
Publish, post distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website.
Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
Engage in illegal or unlawful activities through the Services or via the Website;
Make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, Trojan or corrupt data; or
Obtain or attempt to obtain access, through whatever means, to areas of GML Consulting's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
Operate or attempt to operate IRC bots or other permanent server processes.
The Customer has full responsibility for the content of the Website. For the avoidance of doubt, GML Consulting is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
If the Customer fails to comply with the Acceptable Use Policy outlined in Cause 8 GML Consulting shall be entitled to withdraw the Services and terminate the Customer's account without notice.
GML Consulting reserves the right to edit, alter, change or moderate any online content.
The customer warrants and represents to GML Consulting that GML Consulting's use of the Content or the Customer Software In accordance with this Agreement will not Infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to GML Consulting as set out in Clause 6.2.
All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or In writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, GML Consulting shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer
The Customer agrees to indemnify and hold GML Consulting and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against GML Consulting arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website, including but not limited to any claims for defamation.
11. LIMITATION OF LIABILITY
Nothing in these terms and conditions shall exdude or limit GML Consulting's liability for death or personal injury resulting from GML Consulting's negligence or that of its employees, agents or sub-contractors.
The entire liability of GML Consulting to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement In respect of which the breach has arisen.
In no event shall GML Consulting be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or GML Consulting had been made aware of the possibility of the Customer incurring such a loss.
12. TERM AND TERMINATION
This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
GML Consulting shall have the right to terminate this Agreement with Immediate effect by notice in writing to the Customer if the Customer falls to make any payment when it becomes due.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
The other party commits a material breach of this Agreement and, in the case of a breath capable of being remedied, fails to remedy it within a reasonable time of being given written notices from the otter party to do so; or
The other party commits a material breath of this Agreement which cannot be remedied under any circumstances; or
The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
The other party ceases to carry on its business or substantially the whole of its business; or
The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
On termination all data held in the customer's account will be deleted.
GML Consulting may assign or otherwise transfer this Agreement at any time.
The Customer may not assign or otherwise transfer this Agreement or any part of it without GML Consulting's prior written consent.
14. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carder, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this agreement is held invalid, Illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
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 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 2 days following the date of posting.
17. ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertaking or proposals, oral or written. This Agreement may be updated without notice.
18. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
19. DOMAIN NAME REGISTRATION
Domain names are not deemed to be successfully registered until they appear in the relevant tivhois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it GML Consulting will provide a full refund for that domain name, this will be the full limit of our liability.
GML Consulting will make reasonable endeavours to renew domains where the renewal fee has been paid. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.
GML Consulting are not responsible for customer programming issues other than ensuring that programming languages such as Perl and PHP are installed and functioning on the web hosting system.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
Web hosting accounts Include a certain amount of bandwidth, if you exceed this amount In any one month your account will be deactivated until you have upgraded to an account that has more bandwidth included or until the start of the following month. You may request a bandwidth statement at any time.
Web hosting accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum bandwidth of 25 GB per month for file distribution.
Web hosting accounts are prohibited from hosting hardcore pornographic material, hosting graphics or scripts for other websites, storing pages, files or data as a repository for other websites or as a backup, giving away web space under a domain (including Resellers giving away free websites), sub domain or directory.
23. SERVER USAGE
Should your web hosting account use more that 5% of the server's processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
GML Consulting does not allow proxy sites of any nature to be hosted on its network.