UK-COMMERCE.COM
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Terms and Conditions relating to the design and hosting of a World Wide Web site on the Internet.

These Terms and Conditions are issued by Michael J Stone
(trading as UK-COMMERCE.COM)
of Baugh Farm, Church Lane, Downend, Bristol. BS16 6PX.

UK-COMMERCE.COM is an provider of services to allow company's and individuals to publish on the World Wide Web.
UK-COMMERCE.COM offers services of design, production and hosting of World Wide Web publications on the Internet through placement on its Web Server.
The Client seeks to utilise UK-COMMERCE.COM's services for its own purposes

The Client and UK-COMMERCE.COM acknowledge that the Internet is neither owned nor controlled by any one party and therefore, UK-COMMERCE.COM can give no guarantee that any given person shall be able to access UK-COMMERCE.COM's server at any given time.
UK-COMMERCE.COM represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible.

In consideration of the mutual commitments contained herein, the parties agree as follows;

Financial.

The Client agrees to pay 50% of the full invoice price at the time of placing the order.
The balance of the invoice price is payable, after approval of the site by the Client, prior to the site being made generally available on the Internet.
The contract between the Client and UK-COMMERCE.COM is for a period of twelve (12) months beginning on the date of receipt of this contract by UK-COMMERCE.COM.
Without prejudice, UK-COMMERCE.COM will host the clients site for an additional period at the end of the contract, equal to the time between the receipt of the order and the approval of the site by the Client
This additional time period not to exceed 4 weeks in duration.

Tax

UK-COMMERCE.COM shall not be liable for any taxes or any other fees to be paid in relation to purchases of goods or services made from the Client or from UK-COMMERCE.COM's provision of a Web site.
The Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Material and Products

The Client will provide UK-COMMERCE.COM with material and data in a condition that is a form requiring no additional manipulation on the part of UK-COMMERCE.COM.
Text is required on an IBM compatible 3.5 inch floppy disk and in the format of ASCII plain text, MS Word for Windows version 6 or Lotus AmiPro version 3.0.
Numerical data for tables to be supplied in MS Excel version 5.0.
Graphic images are required in GIF87A format.
Where images are to be scanned in for the Client originals of a high quality must be supplied.
UK-COMMERCE.COM shall make no effort to validate this information for content, correctness or validity.
Without prejudice to the foregoing, UK-COMMERCE.COM will accept different formats for text, tables and graphics solely at is own discretion.
In the event that the Clients material is not "process-ready", UK-COMMERCE.COM may, at its option and at any time, reject the material.
UK-COMMERCE.COM agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of UK-COMMERCE.COM.
If the Client fails to modify the material, as directed by UK-COMMERCE.COM, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated and the initial payment forfeit by the Client.
UK-COMMERCE.COM will exercise no control whatsoever over the content of the information passing through the network.
UK-COMMERCE.COM makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.
UK-COMMERCE.COM disclaims any warranty in respect of the quality of any merchandise or fitness of use for any particular purpose and will not be responsible for any damages that may be suffered by the Client.
This includes loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client.
Use of any information obtained by way of UK-COMMERCE.COM is at the Client's own risk, and UK-COMMERCE.COM specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Connection speed represents the potential speed of a connection and does not represent any guarantee of available end to end bandwidth.
UK-COMMERCE.COM expressly limits its damages to the Client for any public non-accessibility time or other server down time to 50% of the pro-rata annual charge during the system unavailability. No period less than 6 hours in duration shall be subject of any claim by the Client.
UK-COMMERCE.COM specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Domain Name Registration

All registration of domain names are subject to acceptance by the relevant authorities.
UK-COMMERCE.COM can give no undertaking that any name will be accepted prior to completion of registration procedures.
Any usage by another party of the same or similar name to one registered by UK-COMMERCE.COM is not the responsibility of UK-COMMERCE.COM and any appeals or cases of legal redress are the sole responsibility of the Client.

Trademarks & Copyrights

The Client warrants that it has the right to use any applicable trademarks supplied, if any, and grants UK-COMMERCE.COM the right to use such trademarks in connection with the provision of UK-COMMERCE.COM's service to the Client.

Hardware, Equipment & Software

The Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access its site as provided by UK-COMMERCE.COM.
UK-COMMERCE.COM makes no representations, warranties or assurances that the Client's equipment will be compatible with the UK-COMMERCE.COM service.

Termination

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. In such event, the cancelling party will be required to pay to other party an amount equal to the unused portion of service excluding any design or set-up charges.
Notwithstanding the above, UK-COMMERCE.COM may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.

Limited Liability

The Client expressly agrees that the use of UK-COMMERCE.COM's Service is at the Client's sole risk.
Neither UK-COMMERCE.COM, its employees, affiliates, agents, third party information providers or other associates, warrant that UK-COMMERCE.COM's service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information received or contained in or provided through the UK-COMMERCE.COM service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall UK-COMMERCE.COM, its officers, agents or any one else involved in creating, producing or distributing UK-COMMERCE.COM's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the UK-COMMERCE.COM service.
This includes results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to UK-COMMERCE.COM's records, programs or services.
The Client hereby acknowledges that this paragraph shall apply to all content on UK-COMMERCE.COM's service.
Notwithstanding the above, the Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate sterling amount which the Client paid during the term of this Agreement and any reasonable legal and court costs.

Lawful Purpose

The Client may only use UK-COMMERCE.COM's Service for lawful purpose.
Transmission of any material in violation of any legal restriction is prohibited.
This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.
UK-COMMERCE.COM reserves the right, at its sole discretion, to refuse any material that it considers is inappropriate for publication on the Internet.

Indemnification

The Client agrees that it shall defend, indemnify, save and hold UK-COMMERCE.COM harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, assessed against UK-COMMERCE.COM, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns.
The Client agrees to defend, indemnify and hold harmless UK-COMMERCE.COM against Liabilities arising out of:
(i) any injury to person or property caused by any products sold or otherwise distributed in connection with UK-COMMERCE.COM's Service;
(ii) any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party;
(iii) copyright infringement;
(iv) any defective product which Client sold on UK-COMMERCE.COM Service.

These Terms and Conditions shall be governed and construed in accordance with the laws of the United Kingdom.

Version 2e 06/04/96
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