Voluntary
Action Leeds capacITy Project Web Hosting Terms & Conditions
All Users of services provided by Voluntary Action-Leeds
capacITy Project, by use of such services, accept the terms of business set
out in the form of the service agreement which follows, irrespective of the
mode or manner of ordering employed by the User when ordering the services.
NOTE: Spamming, or the sending of unsolicited email, from a
Voluntary Action-Leeds server or using an email address that is
maintained on a Voluntary Action-Leeds machine is STRICTLY PROHIBITED.
This Agreement is made between Voluntary Action-Leeds of
Stringer House, 34 Lupton Street, Hunslet, Leeds, LS10 2QW ("we")
and the
User...........................................................of.......................................................
.....
....("you")
The date of this Agreement
is
..........20..
....
The following constitute the Terms and Conditions under
which Voluntary Action-Leeds trades and supplies its services and
related products. These conditions represent the totality of the agreement and
form the Contract between Voluntary Action-Leeds and the User.
Any agreed variation or alteration to part of these Terms
and Conditions as annexed to this Contract will not invalidate the remainder or
the whole.
Voluntary Action-Leeds is entitled to suspend services if the
User does not adhere to any or several conditions of this Contract.
All web sites hosted MUST display the
following on at least the home page:
Web space provided by Voluntary
Action-Leeds capacITy Project
and this must be linked to http://www.val.org.uk
The capacITy logo must also be displayed
and linked to the above address. This is available for download at
www.val.org.uk
1. DEFINITIONS
In this Contract unless the context otherwise requires:
"VA-L" means Voluntary Action-Leeds, Registered Charity No.
225863 Co Ltd by Guarantee No. 555150 Registered in England & Wales
Registered Office Stringer House, 34 Lupton Street, Hunslet, Leeds, LS10 2QW;
"capacITy Project" means the Information Communications
Technology project which is run and managed by Voluntary Action-Leeds;
"Services" means domain name registration, Virtual
Server hosting, bandwidth provision, email and any other service or facility
provided by us to you.
"Server" means the computer server equipment operated by us in
connection with the provision of the Services;
"Virtual Server" means the area on the Server allocated by us
to you for use by you as a site on the Internet;
"Contract" means the Contract between VA-L and the User
incorporating these conditions, the VA-L Order Form (where completed)
and VA-L's charges for the provision of Domain Names;
"Charges" means the charges as agreed on the Order Form (where
completed);
"bandwidth" means the allocated transmission capacity,
measured in bits per second, of the network connection as specified in the
Contract;
"data transfer" means all traffic that passes through the Virtual
Server including specifically but not exclusively web traffic, email, FTP
transfers and any telnet session data;
"Site" means the premises or location at which Service is or
is to be provided under this Contract;
"Equipment" means equipment which is supplied by or on behalf of VA-L
to the customer or placed at or on a Site for the purpose of providing Service;
"Internet" means the global data network comprising Internet
connected networks using TCP/IP (Transmission Control Protocol/Internet
Protocol) Internet Standards means the protocols and standards defined in the
following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such
protocols and standards as appropriate;
"User" means you the customer or any person who makes use of
the services though you or on your behalf;
"minimum Contract term" means the minimum period of service
being six months from the date of this contract being signed;
2. DOMAIN NAME REGISTRATION
2.1 We make no representation that the domain name you wish to register
is capable of being registered by or for you. 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, for example printing of headed paper. You will be
advised of the current charges and renewal factor before a domain name is
purchased;
2.2 Domains will be registered in your name with the relevant naming
authority. 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 or cancellation of the domain name by the
relevant naming authority. Any administration charge paid by you to us shall be
non-refundable notwithstanding refusal by the naming authority to register your
desired name;
2.3 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
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;
2.4 We give no warranty that your domain name is or will continue to be
available for your use or that no domain name is or will be registered which
conflicts with your domain name or which otherwise affects your use of your
domain name;
2.5 We shall not release any domain name to another provider unless full
payment for that domain name has been received by us;
2.6 If payment is not received for any domain name VA-L may
delete or retain the domain for further sale;
2.7 You may request deletion of a UK domain name registered with Nominet
UK only within 7 days of the application date for that domain name. There will
be a standard "deletion charge" of
£50. Deletion requests after this 7days will not be accepted;
3. VIRTUAL SERVER HOSTING and EMAIL
3.1. 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;
3.2. You shall effect and maintain adequate insurance cover in respect
of any loss or damage to data stored on the Server;
3.3 You represent, undertake and warrant to us that you will use the
Virtual Server allocated to you only for lawful purposes. In particular, you
represent, warrant and undertake to us that;
3.3.1 you will not use the Virtual Server in any manner which
infringes any law or regulation or which infringes the rights of any third
party, nor will you authorise or permit any other person to do so;
3.3.2 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
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;
3.3 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;
3.4 You shall observe the procedures which we may from time to time
prescribe and shall make no use of the Virtual Server which is detrimental to
our other clients;
3.5 You shall ensure that all email is sent in accordance with
applicable legislation (including data protection legislation) and a secure
manner;
3.6 In the
case of an individual User, you warrant that you are at least 18 years of age,
and if the User is an organisation, you warrant that the Services will not be
used by anyone under the age of 18 years unless supervised by you; to the
extent that such use either by you or by any person who may be authorised by
you or for whom you are responsible (for example as an employer, agency,
organisation or as the parent or guardian of a child) causes any loss or
damage to any person, you agree to indemnify VA-L immediately on demand in
relation to any such losses or damages attributable to VA-L, including where
necessary any legal, administrative or technical charges that may arise from
such use. VA-L accepts no liability for any losses or damages either to you or
to anyone who may be authorised by you to use the Services;
3.7 Any access to other networks connected to VA-L must comply
with the rules appropriate for those other networks;
3.8 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;
4. RESELLING
4.1 You may not resell the VA-L Service;
5. VA-L SERVICE
5.1 Connection to the VA-L Service is via a fixed
telecommunications link or dial up connection. This Contract, does not include
the provision of telecommunications services necessary for connection to the VA-L
Service;
5.2 Requests relating to the provision of Service are, unless otherwise
agreed to be made or confirmed in writing or by electronic mail;
5.3 VA-L will use all reasonable endeavours to adhere to any
dates proposed by either VA-L or you for the provision of Service,
however any such date is to be treated as an estimate only and VA-L
accepts no liability for failure to meet such dates;
5.4 VA-L will use all reasonable endeavours to provide a reliable
Service, however it is not practicable to provide such a Service free of faults
and VA-L does not undertake to do so. In the event of a fault in
Service, you must report the fault by telephone telefax or electronic mail to VA-L's
Technical Support at the appropriate numbers or addresses or other such numbers
or addresses that VA-L may from time to time provide. Upon receipt of
the fault report, VA-L will take all proper steps without undue delay to
correct the fault. VA-L shall not, in any event, be liable for
interruptions of Service or down-time of a Server;
5.5 VA-L may:
- temporarily suspend for the purpose of repair, maintenance or improvement,
part or all of VA-L's service, generally without notice. VA-L
undertakes to use reasonable endeavours to restore Service as soon as
practicable after any such suspension,
- give or update instructions regarding the use of the Service which in VA-L's
reasonable opinion is necessary in the interests of safety, or to maintain or
improve the quality of Service to VA-L's customers and any such
instructions shall whilst they are in force, be deemed to form part of this
Contract;
6. CONTENT and MISUSE
6.1 You will use all reasonable endeavours to ensure that the VA-L
Service is used or includes content that conforms to the laws of the this
country and will not knowingly permit any illegal use or such use that will
bring VA-L into disrepute;
6.2 You must not, nor must any other person, use the Service: to send or
receive any material which is offensive, abusive, indecent, obscene,
pornographic or menacing; or in breach of confidence, copyright, privacy or any
other rights; to cause annoyance, inconvenience or needless anxiety; or in breach
of any provisions as contained within clauses 3 and 4 of this Contract; or
other than in conformance with the acceptable use policies of any connected
networks and the Internet standards;
6.3 VA-L may discontinue Service immediately if the User is found
to have permitted such illegal or disreputable use. If VA-L suspends
service for contravention of the above conditions of this clause, VA-L
can refuse to restore Service either permanently, or until it receives an
acceptable assurance from the User that there will be no further contravention.
Any such restoration of service will be at our discretion;
6.4 Equal Opportunities - VA-L recognises that there are
disadvantaged groups in our society. It affirms it has a responsibility for
combatting the causes of these disadvantages.
VA-L is an Equal Opportunities organisation. Its policy is to
ensure that no person is rejected for employment or voluntary occupation, or
generally treated less favourably than anyone else, by VA-L on the
grounds of race, colour, nationality, religion, disability, sex, age, marital
status, sexual orientation, responsibility for dependants or by conditions or
requirements which cannot be shown to be justifiable within the context of this
policy. VA-L will take positive action to ensure that its services to,
and contact with, other groups and individuals reflect its own Equal
Opportunities Policy.
VA-L is committed to a
programme of action to make this policy fully effective and will ensure that
all individuals connected with the provision of its services will actively
promote this Policy. Monitoring and evaluation of this Policy will be carried
out to ensure good practise.
Your web site hosted on our server MUST
comply with our policy on Equal Opportunities;
7. CHARGES and PAYMENT
7.1 All payments must be in UK Pounds Sterling. If your cheque is
returned by the bank as unpaid for any reason, you will be liable for a
"returned cheque" charge of £50;
7.2 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 or on the Order Form (where completed) and shall be due and payable in
advance of our service provision. Charges are exclusive of 'Value Added Tax'
which shall, if applicable, be paid additionally by you at the rate prescribed
by law on submission by us of a proper VAT invoice;
7.3 You acknowledge that our Services are provided using facilities
provided to us by third parties; VA-L shall have the right, subject to
14 days prior written notice to you, to increase our Charges at any time during
the minimum Contract term or the continuation of the Contract, whether to
reflect increase costs to us from such third parties or otherwise. However, if
such increase exceeds 10% of the Charge in question prior to such notice you
shall be entitled to terminate this Contract by written notice to us given by
you within 7 days after service of our notice of increase to you. If you do so
terminate, you will remain liable for all Charges (at the previous rate) up to
the date this Contract ends;
7.4 All charges unless otherwise agreed are payable in advance. Unless
otherwise specified and agreed, set-up and installation charges are payable on
order. VA-L agrees to be party to this Contract upon VA-L's acceptance
of cleared funds covering first invoice or the first payment under the Order
Form (where completed). Recurring charges are payable on connection as defined
in clause 5.1 of this agreement and thereafter on or before the same day (the
due date) of all subsequent months under the minimum Contract term. If payment
is not received on or before the due date VA-L reserves the right to
immediately withdraw, suspend or limit service and will charge the User a
failure fee of 3% of the amount overdue per month;
7.5 All new Virtual Server clients have the right to terminate this
Contract by giving written notice of termination, by post or by e-mail, within
30 days after the date on which service is first provided..
7.6 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. If such a
suspension is imposed, you will be liable for a "reconnection" charge
of £50;
8. DEFAULT
8.1 If you:
do not pay the charges in accordance with the provisions of clause 9 of this
Contract, or break this Contract in any other way; or are subject to bankruptcy
or insolvency proceedings;
VA-L can (without prejudicing, losing or reducing any other right or
remedy) suspend service, including partially, temporarily without notice,
albeit the User remains liable to pay rental during the suspension, or
terminate this Contract by immediate notice, without prejudice to VA-L's
pre-existing rights;
8.2 Bankruptcy or insolvency proceeding means bankruptcy proceedings or
in Scotland sequestration proceedings, becoming insolvent, making any
composition or arrangement with creditors or an assignment for their benefit,
any execution, distress, diligence or seizure: or if the User is a company,
being the subject of proceedings for the appointment of an administrator, going
into liquidation whether voluntary or compulsory (except for the purpose of
amalgamation or reconstruction) or having a receiver or administrative receiver
of any assets appointed;
8.3 You continue to be liable to pay all charges which are due for
Service during any period in which you do not comply with this Contract;
8.4 On termination of this Agreement or suspension of the Services we
shall be entitled immediately to block your Virtual Server and to remove all
data located on it. We shall be entitled to delete all such data but we may, at
our discretion, hold such data for such period as we may decide to allow you to
collect it at your expense, subject to payment in full of any amounts
withstanding and payable to us. We shall further be entitled to post such
notice in respect of the non-availability of your Virtual Server as we think
fit;
8.5 If VA-L waives a breach of Contract by you, that waiver is
limited to the particular breach. Any delay by VA-L in acting upon a
breach is not to be regarded in itself as a waiver.
9. TERMINATION OF SERVICE
9.1 This Contract may be terminated by either party on giving at
least 30 days notice, in writing, to the other expiring on the last day of the
minimum Contract term or at any time thereafter. If VA-L gives notice
you shall pay all charges up to the expiry of the notice. If you give notice,
you shall pay all charges until 30 days after the date VA-L receives the
notice or until expiry of the notice, whichever is the latter. Your notice does
not avoid any other liability for Service already provided.
9.2 VA-L reserves the right during the minimum Contract term to
terminate this Contract by giving to you not less than 30 days prior written
notice of termination.
10. NOTICES
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 the Order Form 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 two days following the date of posting;
11. MATTERS BEYOND VA-L'S REASONABLE CONTROL
VA-L is not liable for any breach of this Contract or liable
for any delay or failure in performance of any part of these conditions and its
commitments when caused as a result of Force Majeur, war, civil disorder,
industrial disputes, inclement weather, acts of local or central government or other
competent authorities, and failure by other service providers.
12. LIABILITY
12.1 You acknowledge that VA-L has no control over the
information transmitted via the Service and that VA-L does not examine
the use to which you put the service or the nature of the information you are
sending or receiving. VA-L hereby excludes all liability of any kind for
the transmission or reception of information of whatever nature;
12.2 VA-L undertakes no liability whatsoever for the acts or
omissions of other providers of telecommunication service or for faults in or
failures of their apparatus;
12.3 VA-L is not in any way liable in Contract or otherwise for loss
whether direct or indirect of business, revenue or profits, anticipated savings
or wasted expenditure, corruption or destruction of data or for any indirect or
consequential loss whatsoever.
12.4 VA-L makes no warranty as regards to its services or
equipment and will not be responsible for any damage allegedly suffered or
claimed by you for any reason including but not limited to loss of data, wrong
or non deliveries and service interruptions.
12.5 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 subclause 12.6;
12.6 Nothing in these terms and conditions shall exclude our liability
for death or personal injury resulting from our negligence;
12.7 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;
12.8 In any event no claim shall be brought unless you have notified us
of the claim within one year of it arising;
12.9 If any part of the contract between us is found to be illegal or
unenforceable, this will not affect the validity and enforceability of the
remainder of the contract;
13. INDEMNITY
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;
14. INTELLECTUAL PROPERTY RIGHTS
You shall obtain any and
all necessary consents and clearances to enable you lawfully to make use of all
and any intellectual property rights through the Services, including without
limitation, clearance and/or consents in respect of your proposed domain name,
text and images that may appear on your site. This includes copyright
clearance. Current legislation information can be found at www.cla.co.uk
15. ASSIGNMENT
You may not assign all or part of this Contract to any
other party without the written agreement of VA-L. VA-L reserves
the right to assign all or part of this Contract at any time to any subsidiary
or associate company of VA-L, or any other party.
16. LAW
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.
17. HEADINGS
Headings are included in this Agreement for convenience
only and shall not affect the construction or interpretation of this Agreement.
18. ENTIRE AGREEMENT
18.1These 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;
18.2 We may alter and/or amend at any time these terms and
conditions upon giving you 30 days notice in advance of any such amendment
taking effect. If, upon receiving any such notice, you do not wish to continue
with the Service, you may terminate the contract upon giving us notice. Your
notice shall take effect upon the earlier of 7 days from our receipt of your
notice or the date upon which the amended terms and conditions would otherwise
have taken effect. You will be deemed to have accepted any alteration and/or
amendment if you continue to use the Service after the relevant period of
notice has expired;
For the User
Position............................
.
Signature.........................
.
Name............................
Date..................................
For Voluntary Action-Leeds capacITy Project
Position............................
Signature.........................
Name..............................
.
Date..................................
A copy of this signed agreement between yourself and VA-L
will be sent for your retention.
Contact Details for Technical Support is
as follows:
Nic Tortice, Project Manager, capacITy
Project, Voluntary Action-Leeds, Stringer House, 34 Lupton Street, Hunslet,
LEEDS, LS10 2QW
Tel: 0113 297 7946 Fax: 0113 297 7921
e-mail: nic.tortice@val.org.uk