CariadBusinessWeb Terms and Conditions
Cariad Marketing Limited’s provision of Cariad Marketing CariadBusinessWeb Services (as defined below) are subject to the following terms and conditions. By subscribing for any CariadBusinessWeb Services, you agree to be bound by these terms and conditions.
1. DEFINITIONS
In this Agreement, the following words shall have the following meanings:
"Agreement" means these terms and conditions together with any Order Confirmation;
"Cariad Marketing" means Cariad Marketing Limited whose Registered Office is at 10 Garratts Close, Hertford, Hertfordshire. SG14 3YN;
"Software" means any software and software tools provided for your use as part of the CariadBusinessWeb Services;
"Charges" means the sums payable by you to Cariad Marketing in respect of the provision of CariadBusinessWeb Services as notified by Cariad Marketing to you from time to time during the Term;
"Customer Materials" means all materials provided by you (or on your behalf) in connection with this Agreement including, without limitation, text, graphics, logos, photographs, images, moving images, sound, illustrations and any software;
"Interest" means interest at 4% over the base rate for the time being of National Westminster Bank plc (or such other comparable UK bank’s rate as Cariad Marketing may designate);
"Order Confirmation" means any written communication from Cariad Marketing confirming the CariadBusinessWeb Services that Cariad Marketing has agreed to supply to you and the charges for such CariadBusinessWeb Services;
"Start Date" means the date when Cariad Marketing agrees to supply any CariadBusinessWeb Services to you (as stated on the Order Confirmation);
"Term" means the term of this Agreement as set out in Clause 3;
"CariadBusinessWeb Services" means any or all of the business website services provided by Cariad Marketing as described at www.CariadBusinessWeb.co.uk including, without limitation, website creation, domain name registration, monthly search engine submissions, e-commerce set-up, hosting and technical support;
"Website" means any business website that Cariad Marketing creates for you.
2. CONTRACTING PARTIES
This Agreement is made between you and Cariad Marketing.
3. TERM
This Agreement shall commence on the Start Date and shall, unless terminated earlier in accordance with the terms of this Agreement, continue for 12 months ("Initial Term") and thereafter indefinitely until either party serves at least 30 days written notice of termination on the other PROVIDED THAT no such notice may expire before the end of the Initial Term ("Term").
4. PROVISION OF CARIADBUSINESSWEB SERVICES
4.1 Cariad Marketing shall provide such of the CariadBusinessWeb Services as Cariad Marketing has agreed to provide to you with reasonable skill and care during the Term provided that you promptly supply any Customer Materials and information (in the format and media that Cariad Marketing may reasonably request) to enable Cariad Marketing to perform the CariadBusinessWeb Services. Cariad Marketing shall not be obliged to return any Customer Materials so supplied.
4.2 You may at any time during the Term upgrade or downgrade the level of the CariadBusinessWeb Services that you receive. If you downgrade, you may lose some of the content from your website. If you upgrade, the Charges payable by you will increase accordingly.
4.3 Depending upon the volume and/or nature of the Customer Materials supplied by you, Cariad Marketing may at its sole discretion:
(a) decline to build you a website and/or provide other CariadBusinessWeb Services; or
(b) build you a website and/or provide other CariadBusinessWeb Services provided that specific terms for performing such services (including any Charges) have been agreed by you and Cariad Marketing.
4.4 During the Term and subject to the terms of this Agreement, Cariad Marketing hereby grants to you a non-exclusive, non-transferable licence to use the Cariad Marketing Software only on a server controlled by Cariad Marketing for the sole purpose of editing and maintaining the Website within the parameters of the Cariad Marketing Software. You acknowledge that all right, title and interest in the Cariad Marketing Software is owned by (or under licence to) Cariad Marketing and that nothing in this Agreement shall confer on you any right of ownership in the Cariad Marketing Software.
4.5 Cariad Marketing shall provide a technical support and customer information help desk 9am to 5pm Monday to Friday (except UK public holidays). See www. CariadBusinessWeb.co.uk for contact details.
4.6 Cariad Marketing may suspend temporarily or alter the operation of the CariadBusinessWeb Services and/or Cariad Marketing Software for legal or technical reasons without notice to you. Cariad Marketing shall endeavour to notify you by any appropriate method (including the publication of a general notice at www.CariadBusinessWeb.co.uk) as far in advance as possible of such temporary suspension or alteration.
4.7 Cariad Marketing may at any time, without explanation, change the services comprising the CariadBusinessWeb Services if this is needed to comply with any law or regulatory obligation or where such change does not materially detract from the quality or performance of the CariadBusinessWeb Services.
4.8 Cariad Marketing reserves the right (but does not assume the obligation) to monitor your use of the CariadBusinessWeb Services and any Website.
4.9 Cariad Marketing reserves the right to suspend and/or require you to change any username or password used in connection with CariadBusinessWeb Services if Cariad Marketing considers that a breach of security has occurred. You shall take all necessary steps to ensure that username and passwords are kept confidential and secure and are not disclosed to any unauthorised persons.
4.10 You shall ensure that all equipment used by you to access the Website and CariadBusinessWeb Services or any online administration system operated by Cariad Marketing shall have adequate, appropriate and up to date virus protection software.
5. CHARGES
5.1 You shall pay the Charges by PayPal, BACS or cheque (as applicable) or by such other method of payment as Cariad Marketing may agree in its sole discretion (e.g. by cash). All Charges are non-refundable.
5.2 All sums payable under this Agreement are exclusive of VAT (unless the contrary is expressly stated).
5.3 If you fail to pay any amount due to Cariad Marketing under this Agreement on the due date for payment, Interest shall be added to such amount for the period from and including the due date to and including the date of receipt (whether before or after judgment).
5.4 Without prejudice to any other rights or remedies which may be available to Cariad Marketing, if you fail to pay Cariad Marketing any amount on the due date, Cariad Marketing shall be entitled to cancel this Agreement and apply a £100 set up fee should you wish to resume CariadBusinessWeb Services.
5.5 In the event of a cheque or Standing Order failing to clear, failing to clear, Cariad Marketing reserves the right to levy a fee of £30 for each occasion that such failure occurs.
5.6 After your initial payment which covers your first set up, the subsequent Monthly Charge will be due monthly on the same day each month starting 30 days after the initial contract start date.
6. CARIADBUSINESSWEB SERVICES ACCEPTANCE PROCEDURE
If Cariad Marketing builds you a Website and/or the CariadBusinessWeb Services comprise the supply of tools (e.g. e-commerce solutions) then the following procedure for acceptance shall apply:
6.1 On completion of the Website and/or tools (the "Build"), Cariad Marketing shall submit the Build to you and you shall have 14 days to test the Build and provide Cariad Marketing with up to 2 written sets of required minor amendments ("Build Amendments"). If you do not indicate your acceptance or rejection of the Build or provide any Build Amendments within the aforementioned 14 days then you shall be deemed to have accepted the Build.
6.2 Cariad Marketing shall attend to any Build Amendments and submit for your approval (such approval not to be unreasonably withheld). If you do not indicate your acceptance or rejection of Cariad Marketing’s handling of the Build Amendments within 7 days then you shall be deemed to have approved.
6.3 You may not reject the Build unless it fails materially to function.
6.4 No Website shall go ‘live’ without your prior written approval. Prior to your approval, Cariad Marketing shall temporarily host your Website at a sub-domain on its server where it cannot be seen publicly.
6.5 You have the right to cancel your order within seven working days after the day on which you agreed to go ahead with this service. If you do decide to cancel, you should put this in writing to: Cariad Marketing, CariadBusinessWeb Services, 10 Garratts Close, Hertford, Hertfordshire. SG14 3YN. Any costs incurred by CariadBusinessWeb during this period (e.g. domain name registration) will be deducted from any refund due to you. Registered in England & Wales No. 6788389. Registered Office: 10 Garratts Close, Hertford, Hertfordshire. SG14 3YN. www.cariadmarketing.com
7. SUBMISSION TO SEARCH ENGINES
Cariad Marketing shall submit all ‘live’ Websites to several major search engines. Submission does not guarantee that your Website will appear in a search engine database to which it has been submitted in the form in which it was submitted or at all.
