FLEXYWEB TERMS OF BUSINESS

Breach of these Terms of Business may result in your web page(s) being removed from our server without notice.

(1) Introduction

This Agreement is made between FlexyWeb Ltd of Wycliffe Mill, Wycliffe Street Nottingham, NG7 7JB Company Reg No.5653016 (“we” and also “FlexyWeb”) and the user (“you” and also “customer”).

(2) Definitions

In this Contract unless the context otherwise requires:

"Service" or "Services" means E-Commerce including FlexyShop, website design, domain name registration, website hosting, graphic design and printing services, software development and computer programming and any other web hosting related service or facility provided by us to you;

"Server" means the computer server equipment operated by us or provided to you in connection with the provision of the Services.

"Website" means the area on the Server allocated by us to you for use by you as a site on the Internet,

"Contract" means the agreement between FlexyWeb and the User incorporating these conditions, the FlexyWeb Order Form (where completed) and FlexyWeb’s published charges for the provision of its services; References to "Agreement" shall, where the context admits, be read as referring to the Contract

"Charges" means the charges as agreed on the Order Form (where completed)

"User" means you, the Customer, or any person who makes use of the services through you or on your behalf;

“Subscription” means any Services provided by FlexyWeb to you

(3) Agreement to Terms of Business

The following constitutes the terms of business under which FlexyWeb trades and supplies it services and related products. These conditions, in conjunction with the details shown on the front of the FlexyWeb order form (where completed) represent the totality of the agreement and form the contract between FlexyWeb and the user. Any agreed variation or alteration to part of these terms and conditions as annexed to this contract would not invalidate the remainder or the whole. These terms and conditions override any email, chat session or contact of any kind with FlexyWeb personnel.

From time to time, it may be necessary to make changes to our terms and conditions and the customer agrees to be bound by the new terms and conditions notified to you. Should the customer find any new terms and conditions unacceptable, then the customer will be granted a refund of any unexpired part of their subscription. The customer agrees that, apart from this refund, the customer will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of their subscription.

The customer is responsible for reviewing information regularly posted online in the terms and conditions pages.

(4) Information provided by customer

The customer agrees that all information they submit to us is correct. This includes but is not limited to name, address, payment details and company services. The customer agrees to notify FlexyWeb of any changes.

The customer agrees that we can disclose the customers name and address where there is any complaint about the content of the customers pages or in relation to goods or services advertised there.

(5) Usage

FlexyWeb will take no responsibility for the information held on the customers website. We may remove any files that are uploaded to the customer’s sites by the customer at the absolute discretion of FlexyWeb in the event that we deem such files to be inappropriate or offensive. The customer warrants the accuracy, truthfulness or reliability of any information (including statements of opinion or advice), which they place on their web pages. The customer is entirely responsible for the content of their web pages. All services provided by FlexyWeb may be used for lawful purposes only transmission, storage or presentation of any information, data or material in violation of any British law is prohibited. This includes but is not limited to copyrighted material, trademark, intellectual property, or material protected by trade secret and other statute without prior authorization.

In summary you are totally responsible for your website and FlexyWeb take no responsibility or liability for its contents.

(6) Confidential Information

The customer agrees to keep secure their Flexyweb identification, password and other confidential information (if any) relating to their account. The customer is responsible for the use of their account and the secrecy of their password. In the event that the company is a corporate user then the company is also responsible, together with the individual using the account.

(7) Termination

FlexyWeb reserve the right to terminate the subscription at any time, with or without cause, upon 48 hours written notice by email or otherwise unless legally obliged to terminate in which case termination may be immediate.

The Customer may terminate the subscription upon 3 months written notice.

Where we terminate the Customer's subscription, or the Customer terminates their subscription, the Customer will not be entitled to any refund of any unused part of their subscription.

FlexyWeb expressly reserves the right to terminate or suspend the Customer's subscription without prior notice should we be legally obliged to do so or should we deem such action necessary to protect FlexyWeb and in such circumstances we will confirm such termination or suspension by subsequent notice.

The Customer shall not be entitled to any compensation whatsoever in the event of termination and we will not be liable for any consequential loss whatsoever in relation to termination of the Customer's account in any circumstances. After termination of the Customer's account, we may, if we deem it necessary at our sole discretion, post a redirection to any new URL should the Customer desire this.

(8)Charges

The Customer agrees to pay all charges for their use of FlexyWeb hosting and management services at the prices in effect at the beginning of their subscription period or the anniversary thereof monthly by standing order.

All web pages, scripts, databases, graphics and all other digital products created by FlexyWeb remains the property of FlexyWeb. In certain circumstances we will allow the customer to have a licence to use a script owned by FlexyWeb whilst the customer remains hosted on FlexyWeb servers.

Payments for services supplied, (including payments for domain name registrations) must be paid for in advance of service delivery by FlexyWeb by the due date notified to you where applicable. We reserve the right to remove or suspend the customer’s account if payment is not received for any services.

We will make basic changes to websites free of charge for Customers using FlexyWeb's hosting and management services. Hosting and
Management covers you for changes within the existing site such as changing your address or contact details if you move address or
altering the text in your pages. You also have access to telephone support during business hours. Other things covered will be included
in your Investment page of your proposal as every customer will have different requirements. Extra pages can be added to your website at any time and will be charged for by FlexyWeb at the appropriate rate at that time.

For the transfer of a domain name hosted with FlexyWeb to another Internet service provider an administration charge of £100 will be levied, which must be paid before the transfer is completed. For the avoidance of doubt the transfer of any domain name does not include and right or title to the ownership of the website which shall always remain with FlexyWeb.

FlexyWeb reserves the right to change prices or institute new charges for use of FlexyWeb services at any time. Any prices agreed through a formal quotation are valid for 30 days from the date of that quotation.

(9) Refunds

Refunds will be given solely at the discretion of FlexyWeb management

(10) Use of material for advertising

We will not distribute web pages outside FlexyWeb without the subscribers consent but may include information about them in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and the Customer agrees that files, which they have uploaded to FlexyWeb, may be used in such manner and for such purposes. The user also agrees that FlexyWeb can have a link from the Customer's website to our website for promotional purposes, if you prefer not to allow us this service we will at our discretion remove it.

(11) Exclusion of warranty and Limitation of Liability

Flexyweb shall not be responsible for any claim or damages, including incidental and consequential damages, which may arise from FlexyWeb’s servers going off-line or being unavailable for any reason whatsoever or resulting from the corruption or deletion of any web site from one of FlexyWeb’s servers. All damages shall be limited to the immediate termination of your service. We disclaim any and all loss or liability resulting from, but not limited to loss or liability resulting from:-
Access delays or access interruptions.
Data non-delivery or data miss-delivery.
Acts of God.
The unauthorised use or misuse of your Account Number, Password or
security authentification.
Errors, omissions, or misstatements in any and all information or service(s)
provided under this agreement.
The deletion of or failure to store e-mail messages.
The development or interruption of your Web site.
The use and/or the inability to use our mail service.
The processing of your application for our services, our processing of any
authorised modification to your domain name record.
Notwithstanding contrary clauses in this Agreement, in the event that FlexyWeb are deemed liable to the Customer for breach of this Agreement, the Customer agrees that FlexyWeb’s liability is limited to the amount actually paid by the Customer for their subscription. The Customer hereby releases FlexyWeb from any and all obligations, liabilities and claims in excess of this limitation.

(12) Indemnity

You shall indemnify us and keep us indemnified 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.

(13) General terms and Law

We reserve the right to do normal system housekeeping such as creating back-ups but do not accept responsibility for ensuring back up works - the Customer's data security is their own responsibility.

We cannot guarantee that any Search Engine will index or list any web pages or web sites that are submitted to them by FlexyWeb or that the Customer will receive any email, online orders, bookings, and visitors, and so forth to their web pages or web site.

If we suspect illegal activity, we may notify the authorities and reserve the right to do anything on the system deemed necessary to protect our system including immediate termination of the Customer's subscription

The Customer acknowledges that no joint venture, partnership, employment, or agency relationship exists between the Customer and FlexyWeb as a result of their use of FlexyWeb. The Customer agrees not to hold himself or herself out as a representative, agent or employee of FlexyWeb. The Customer agrees that FlexyWeb will not be liable by reason of any representation, act or omission to act by the Customer.

Flexyweb's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of FlexyWeb's right to comply with law enforcement requests or requirements relating to a Customer's use of FlexyWeb or information provided to or gathered by FlexyWeb with respect to such use.

(14) Severability

In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. We may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of FlexyWeb as reflected in the original provision.

(15) Entire agreement

These terms of business 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.

(16) Governing Law

This Agreement shall in all respects be subject to English Law and to the exclusive jurisdiction of the Courts of England and Wales.