This Agreement is made between Launch Site of 40 Maritime Street, Edinbrugh, Scotland, EH6 6SA, and the Customer for the provision of products and services in accordance with the following General Terms and Conditions.
|Legal Terms and Conditions||Acceptable User Policy||Term|
|Acceptance of Terms||Customer Obligations||Refunds|
|Disclaimer||Alterations to Terms & Conditions|
In this Agreement the following terms shall have the respective meanings assigned to them (words in the plural include the singular and vice versa):
(ii) "Agreement" means this agreement comprising the General Terms and Conditions and the AUP.
(ii) "AUP" means the Acceptable Use Policy which is hereby incorporated by reference into this agreement and can be found at http://www.launchsite.co.uk/terms_aup.php
(iii) "the Customer/Client" means the person, group of people, or company, who receive the Service from Launch Site under the terms of this Agreement.
(iv) "Launch Site" means trading as Launch Site.
(v) "Fees" means the Fee/Renewal Fee and the Set Up Fee, together being the amounts payable by the Customer for provision of the Service as set out in the orginal Contract
(vi) "General Terms and Conditions" means these terms and conditions, forming part of the Agreement;
(vii) "the Service" means the Services to be provided by Launch Site. These can include without linit POP3 email, Virtual Hosting, FTP transfer, Domain Name Registraion.
(viii) "Server" means the computer hardware used to run the services
(viiii) Service Outage" means an interruption in the Service arising from either:
a) a hardware failure on the Service itself or
b) a failure on the underlying network facilities. Service Outage shall also not include any interruption resulting from scheduled or routine maintenance operations carried out by Launch Site.
(x) "Set Up Fee" means the amount payable by the Customer for initially setting up the Service.
(x) "Renewal Fee" means the amount due for conituned use of a serivce by a customer after the initial paid for period has elapsed.
2) ACCEPTABLE USER POLICY
Our terms for what constitutes acceptable behaivour within our network/services can be found here: http://www.launchsite.co.uk/terms_aup.php.
The initial term of this Agreement shall be as stated in the Order ("Initial Term"). The Initial Term shall begin upon commencement of Service to Customer, provided, however, no Service shall commence unless and until Launch Site receives and accepts a completed Order from Customer, plus payment in full for Services to be rendered during the Initial Term and any setup charges Launch Site reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by Launch Site. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or cancelled by
either party only as provided in the termination clause below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term".
4. ACCEPTANCE OF TERMS
The Conditions set out the only terms on which Launch Site is prepared to provide you with the Services. The Conditions shall apply to all Contracts and by using the Services you accept this. All other terms and conditions (other than those which are agreed in writing between us) are excluded to the fullest extent permitted by law. The Terms and Conditions can by Launch Site and without prior notification be changed from time to time. By using the Services subsequent to any revision of these Conditions, you agree to be bound by such changes.All amendments can be found at http://www.launchsite.co.uk/terms.php .
5. CUSTOMER OBLIGATIONS
The Customer shall at all times use the Service in accordance with the AUP and shall indemnify and not hold Launch Site responsible from any losses incurred by reason of breach of this clause. In particular the Customer shall not, nor permit any other person to, use the Service:
Refunds will be given at the discretion of the Company Management. Cancellation of a service after the initial 30 days money back offer, will result in the customer not being eligible to receive a refund. Domain names are non refundable. Launch Site may terminate any account with no refund to customer in the event of customer's breach of any of the terms or conditions or AUP .
Once the client goes into agreement with Launch Site and pays a deposit for work to start it is understood that this deposit is non refundable. This covers work initial mock ups, wireframes, style tile and all programmable work initially carried out by Launch Site on the clients behalf.
The price and all other amounts due under the Contract shall be paid by the Client by the due date and in the currency as specified in Launch Site's invoice. Payment shall only be deemed received by Launch Site upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any goods.
Where the Services include or consist of registration of domain name services, payment must be made in advance. It is of the essence of the Contract that the Contract price and all other amounts due from the Client under the Contract are paid on time. You shall be responsible for any and all expenses incurred by Launch Site in recovering overdue amounts. Failure to settle all amounts within 21 days of the due date may result in withholding of further Services and/or suspension of existing Services. The Customer acknowledges that with regard to the purchase of virtual hosting services from Launch Site, Eighty Per Cent (80%) of the Fees relate to administration and set up charges and are non-refundable. Twenty Per Cent (20%) of the Fees relate to the ongoing cost for the virtual hosting service. Any cancellation of virtual hosting services will be calculated on a pro rata basis of the Twenty Per Cent (20%). Renewals of any virtual hosting services will be on the same Eighty Per Cent (80%) / Twenty Per Cent (20%) basis.
These General Terms and Conditions are subject to the laws of Scotland and the Customer hereby submits to the jurisdiction of the Scottish Courts. The Client agrees to fully indemnify and keep Launch Site, its subsidiaries, affiliates, employees and agents fully indemnified from and against all actions, demands, costs (on a fully indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising from your breach of the Contract, your use or misuse of the Services, any claims by third parties as to ownership or other rights to use a Domain Name where one has been registered by or transferred to Launch Site at your request or arising in any way by the Client infringing (whether innocently or knowingly) third party rights (including without limit intellectual property rights).
This Agreement may be terminated: (i) by either party, without cause, by giving the other party 30 days prior written notice; (ii) by Launch Site, at any time, upon 20 days' prior notice if in the sole judgment of Launch Site, Customer breaches any material provision of the and has not cured same by the end of the 20 days; (iii) by Launch Site in the event of non-payment by Customer as provided in Paragraph 3 above; and (iv) by Launch Site, at any time, without notice, if, in Launch Site' sole judgment, Customer is in violation of any terms or conditions of Launch Site' AUP. If a domain name is transferred or cancelled, a fee of ten pounds will be charged per domain. This is an administration fee. The transfer or change of handle/tags will not take place until payment has been received in full. (iv) Failure to make payment for services or related charges within 20 days of initial order. Cancellations must be either written or fax form. Emails will not be accepted.
10. DOMAIN NAMES
The following shall apply where the Services include or consist of domain name registration services: i) The obligations of Launch Site in relation to domain name registration shall be limited to forwarding the application to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application within a reasonable period. After communication from the authority Launch Site will use reasonable endeavours to notify you of any renewal dates however Launch Site accepts no liability for any use or retention of any domain name which is registered nor will it be responsible for failure by the client to renew a domain.iii) Launch Site makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of successful registration of any domain name. iv) The Client shall check the domain name as reported on any of the Company's documents sent to the Client, such as the invoice, customer information sheet or otherwise, is spelt correctly. In the event of any error, the Client should notify the Company promptly and in any event within 24 hours of receiving such document. v) The Client shall at all times comply with the terms and conditions for the registration of domain names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the client may become subject as a result of services provided by Launch Site. vi) The Customer hereby acknowledges that the Customer agrees to, and will fully comply with, the Terms and Conditions of the Registrar company with regard to the processing of any Requests.
http://www.afilias.info/about_afilias/legal/index_html 9 (.INFO)
vii) Launch Site may from time to time change the registrar that a domain is held with. The Client agrees to allow Launch Site to do this as so as it sees fit and without notice.
A one off administration fee of £40 shall be billed to clients for any transfers to another registrar or requiring additional dns updates.
All rights in the design and arrangement of the Site, text and graphics and all software compilations, underlying source code, and all other material on the Site are reserved to of Launch Site or its licensors. To read more about our copyright issue please refer to http://www.launchsite.co.uk/copyright.php
We are committed to protecting your privacy. We may use the information you provide to provide a more personalised service such as offers and news which we think you may find valuable. If you object to any of these uses at any time, then please inform us by writing to Launch Site. You will find our address set out in the "contact us" section of the main site, http://www.launchsite.co.uk. We may also use such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these Conditions.
We store your details electronically and will endevaour to keep these in a safe and secure. We will not monitor, edit or disclose the contents of any private communications transmitted via the Servers unless required to do so by law or in the good faith belief that such action is necessary to conform or comply with applicable law, to protect and defend the rights and/or property of Launch Site or to protect the personal safety of any of our clients or the public.
Nothing in the Contract or these Conditions shall exclude or limit the liability of Launch Site for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of consumers.
To the fullest extent permitted by law the Site and its contents is provided by Launch Site on an "as is" and "as available" basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Services, the Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, Launch Site does not represent or warrant that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) any results obtained from using the Services will be accurate, complete or current.
Launch Site not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied. Launch Site reserves the right to raise additional charges for any work so arising.
You acknowledge that the allocation of risk in this contract reflects the price paid for the Services and that it is not within the control of Launch Site how or for what purposes the Services are used. If any exclusion in this license is held to be invalid and Launch Site becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the Services.
Launch Site shall not in any circumstances be liable under this Agreement or otherwise for any direct or indirect loss, loss of business, revenue, profits or savings; wasted expenditure; corruption or destruction of data; or for any indirect or consequential loss whatever whether arising from negligence, breach of contract or otherwise.This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Launch Site and its employees. Launch Site reserves the right to revise its policies at any time.
If any Services are or become unavailable then Launch Site will use reasonable endeavours to repair and reinstate the service within 24 hours of detection depending on the severity of the failure. If failure is caused by the Client or any agent of the Client to whom access to Servers was given then the Client shall pay all costs to reinstate and/or repair the Server.
Neither Launch Site nor anyone else who has been involved in the creation,
production or supply of the Services shall be liable to the Client or any other
person for any loss in contract, tort (including negligence or breach of statutory
duty) or otherwise howsoever and whatever the cause thereof by reason of or
in connection with the Contract or the Services for any:
(i) loss resulting from any claim made by any third party, or ii) economic loss of any kind whatsoever iii) loss of profit, business contracts, revenues or anticipated savings, or iv) damage to the Client's reputation or goodwill v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify Launch Site from and against any claim which may be made against Launch Site in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to you.
If Launch Site is prevented or delayed in or from performing any of its obligations under the Conditions or the Contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency Launch Site shall not be liable for this.
14. ALTERATIONS TO TERMS & CONDITIONS
Launch Site reserves the right to adjust the terms and conditions of service at any time and these will typically be displayed here on the main web site. Furthermore Launch Site reserves the right to send email information to its users concerning Launch Site products and services which Launch Site deems may be of interest to them. Launch Site reserves the right to charge the user for any additional services they may request.