Terms & Conditions for Website Services provided by Below The Radarwe
Important: Please read these Standard Conditions carefully before you sign the Order. Pay particular attention to those conditions highlighted which limit our liability or affect your obligations to us.
In these Standard Conditions:
means the binding agreement between you and us comprising the Order Summary, these Standard Conditions, the Acceptable Use Policy and any direct debit form (if applicable)
means a change to the Content of our Website
means a Domain Name registration certificate issued by a Registry
means our charges for performing the Services
means any and all of the text, graphics, images, logos, photographs, layout, design, shading and colouration constituting or intended to be in the Website
means any material or item created by us for general or member consumption as part of the provision of Services, including by way of example and not limitation the HTML code for, or the screen designs of, the Website
means an internet domain name as may be registered through a Registry
means the date on which we provide you with written acceptance of your Order
means (a) all copyrights, patents, rights in trade marks, design rights, database rights, rights in know-how, trade secrets, rights in confidential information (whether registered or unregistered); (b) applications for registration, and the right to apply for registration, renewal, extension, division or reissue, for any of these rights; (c) and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world
means the document or electronic communication which you complete and submit to us confirming details of the Services you wish to purchase
means any one of the Domain Name registers, operated and maintained by a Registry, comprising a Domain Name and registrant data
means any of the Domain Name registries or registrars operating under the ICANN protocols
means the website creation and hosting services we agree to perform in accordance with the Order Summary and subject to these Standard Conditions
means these contractual conditions
means Below The Radar, whose administrative address is: 10 Clydesdale Close, Droitwich, WR9 7SB and “we” and “our” has a corresponding meaning
means the website we create for public or membershipconsumption as part of our Services
means the person, company or other organisation (named on the Order Summary as the customer) who offers to use or purchase the Services or a person, company or other organisation who or which enters into an Agreement with us for the provision of Services; and “your” shall have a corresponding meaning.
2. Commencement and Duration
- The Agreement will remain in effect for the period stated from the Effective Date unless otherwise terminated in accordance with these Standard Conditions.
3. Our Responsibilities
- Subject to these Conditions, we shall provide or arrange the provision of the Services using the reasonable skill and care of a competent provider of services.
- We reserve the right to refuse to publish content or any part of it at any time without liability where, in our absolute discretion, we have reasonable grounds for doing so. This will include, but not be limited to, where we consider that the Content is contrary to or infringes the terms of any law or the right of any person or that it may mislead members of the public or that members of the public might find it offensive, prejudicial or inflammatory or that it is likely to subject us to prosecution, criticism or embarrassment.
- Where it benefits us, we will undertake regular updates to improve security. We will not be accountable for site outages caused by these critical updates or insecurities or bugs in code.
- We work to ensure that service is maintained as smoothly as possible.
- We will attempt to be as clear and fair as possible in all agreements.
4. Your Responsibilities
Subject to these Standard Conditions, you shall
- pay any Charges for premium Services.
- ensure that all Content provided to us by you is legal, decent, honest and truthful.
- provide us with a valid email address for routine contact purposes and notify us of any change to the email address that you prefer to be used, in a timely fashion should your details change.
- make use of the Services and our Website in accordance with the Acceptable Use Policy.
5. Limitation of Liability
- You acknowledge and agree that computer and telecommunications systems are not uninterrupted or fault free and we do not make any representation or warranty, express or implied, in relation to such systems or with respect to the Services or any software provided under this Agreement.
- We cannot guarantee continuous service, service at any particular time, integrity of data, information or content stored or transmitted via the internet. We will not be liable for any unauthorised access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of data, information or content transmitted, received or stored on any system.
- Nothing in the Agreement shall limit or exclude liability in respect of death or personal injury caused by negligence, or fraudulent misrepresentation.
- We have no obligation, duty or liability in contract, tort, for breach of statutory duty or otherwise, beyond that of a duty to exercise reasonable care and skill.
- In any event, we have no liability to you at all in respect of errors or omissions (or other failure to perform), whether or not arising from negligence, for any of the following: indirect or consequential loss or damage; loss of business, revenue or profits; wasted expenditure; or financial loss of any kind.
- All conditions and warranties which may be implied by law or as a result of prior negotiations into the Agreement between us are excluded to the extent permitted by law.
- In the event of a suspension of services provided, deliberate or otherwise we will not be liable for compensation due to inconvenience or losses due to the suspension.
- In any event, our entire liability under the Agreement shall not exceed the total Charges paid by you for the Service that is the subject of the claim.
- Save as set out in the Agreement, if we fail to comply with our obligations under the Agreement as a result of an event outside of our reasonable control, we will have no liability to you as a result of such failure.
- You shall indemnify us, our employees and agents against all proceedings, claims, demands, losses, damages, costs and expenses (including legal costs and disbursements on an indemnity basis), incurred or suffered by us, and any damages awarded against us, arising directly or indirectly as a result of any breach of this Agreement by you or from processing or publishing any information or material you gave us or for incorporation into the Website including any claims arising as a result of defamation, illegality, false description or breach of any third party rights.
- You shall indemnify us, our employees and agents against all proceedings, claims, demands, losses, damages, costs and expenses (including legal costs and disbursements on an indemnity basis), incurred or suffered by us, and any damages awarded against us, arising directly or indirectly as a result of any work published by us in good faith, resulting in site outages, errors or inaccurate information.
You warrant that you:
- are the owner of all IPRs in any Content provided to us; or
- you have been duly authorised to use such IPRs and to allow us to use them on your behalf; and you grant us a worldwide right to use, free of charge, such IPRs for the purpose of providing the Services
- All IPRs in Material supplied to us by you, shall be owned by you and removed from the website on request.
- Each party agrees that in entering into the Agreement it has not relied on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Agreement or not) other than as expressly set out in the Agreement for which its sole remedy shall be for breach of contract under the terms of the Agreement. Nothing in this Condition shall, however, operate to limit or exclude any liability for fraud.
- The Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior discussions, agreement or understanding between you and us.
9. Governing Law and Jurisdiction
The Agreement is made and shall be subject to the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
10th December 2020