This is a legal document and all DOT-COMmunications customers are bound by it.
(We therefore strongly recommend that you take the time to read it!)
The agreement below is a legal agreement between DOT-COMmunications and all of our Users. If you use any service provided by or affiliated with DOT-COMmunications, you are legally bound by this agreement. Read it carefully before signing up and ensure that you understand and agree to all parts. By using or continuing to use DOT-COMmunication's services, you are automatically agreeing to all the terms of this document irrespective of the mode or manner you employed when ordering our services.
Any questions regarding this agreement should be sent to DOT-COMmunication's prior to signing up for one of our services.
THIS AGREEMENT ("Agreement") is considered legally accepted and in operation as of the date of signing up for or receiving of any service provided by DOT-COMmunications Workers Co-operative UnLimited ("DOT-COMmunications") to you (the "User").
WHEREAS, DOT-COMmunications owns, distributes and/or provides various products and services specifically for community, voluntary and faith groups and organisations in Calderdale including but not limited to: technical support, web design and/or webhosting, (hereinafter collectively referred to as the "Services").
WHEREAS, the User desires to utilise some or all of these Services to develop, enhance or maintain the User's own services, resources or facilities.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
DOT-COMmunications agrees to provide the User with the agreed DOT-COMmunications Services as selected by the User.
2.1 In consideration of the performance of the Services, the User shall pay DOT-COMmunications in advance either annually or monthly the amount set forth in DOT-Communication's customer database as such records are amended from time to time for the Services during the term of this Agreement.
2.2 The User shall receive a confirmation letter via e-mail at the time the User contracts for the Services, which shall confirm the fees payable to DOT-COMmunications. Thereafter, User shall receive an annual or monthly billing statement for the upcoming year or month. The billing statement shall indicate any changes in fees, which fees shall become effective upon (30) thirty days' notice as set forth in Section 2.4 herein.
2.3 The User is responsible for all activities and charges resulting from the User's use of the Services. The User agrees to pay all fees, and any other charges incurred by the User and as set forth in the billing statement. In the event of a breach of security or non-adherence to any of the conditions of this Agreement, DOT-COMmunications is entitled to immediately suspend services to the User and they will remain liable for any unauthorised use until the User notifies DOT-COMmunications by sending an e-mail with account information to Iwant@DOT-COMmunications.co.uk . The User acknowledges that no refunds will be given by DOT-COMmunications in the event that DOT-COMmunications or the User terminates the User's account mid-term.
2.4 Current rates for all Services may be obtained on our web site at www.DOT-COMmunications.co.uk . The User must acknowledge that DOT-COMmunications Online Services are provided using facilities provided by third parties over which, DOT-COMmunications has no control. DOT-COMmunications therefore reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time. However, if such increase exceeds 10% of the Charge in question prior to such notice the User shall be entitled to terminate this Contract by written notice to DOT-COMmunications within (7) seven days after service of our notice. If the User does so terminate, the User will remain liable for all Charges (at the previous rate) up to the date the Contract ends. In addition, DOT-COMmunications may elect to institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to the User upon sign up. If DOT-COMmunications does not receive the full amount of the User's Service account balance within (30) thirty days of invoice date, a late charge of £5 per month may be added to the User's bill and shall be due and payable. The User shall also be responsible for all legal costs necessary for DOT-COMmunications to collect any unpaid balance of the User's account(s) resulting from non-payment.
2.5 The User's registration for DOT-COMmunications' Service Contract is contractually for a minimum period of (12) twelve calendar months. The User has a maximum of (14) fourteen days after sign-up or until the User has received their Annual Computer System 'Health Check' whichever is the shorter period, to cancel the contract. However in the event of cancellation AFTER the 'Health Check' has been undertaken, the User will be held financially liable for the full contracted fee. The User may terminate all other Services by giving a minimum of (30) thirty days notice, in writing, to DOT-COMmunications expiring on the last day of the minimum Contract term of (1) one calendar month or at any time thereafter. If DOT-COMmunications gives the User 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 DOT-COMmunications receives the notice or until expiry of the notice, whichever is the latter. Your notice does not avoid any other liability for Services already provided.
2.6 All payments must be made in UK Pounds Sterling. If the bank returns the User's cheque or standing order as unpaid for any reason, the User will be liable for an automatic "returned cheque" charge of £25.
2.7 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 £25.
3.1 Means of Performance. DOT-COMmunications shall provide the User with the selected DOT-COMmunications services, as described on www.DOT-COMmunications.co.uk. DOT-COMmunications has the right to control and direct the means, manner, and method by which these services are provided.
3.2 Services.
i. TECHNICAL SUPPORT
DOT-COMmunications will undertake to provide the User with a quality technical support service. The Client is entitled to an annual on-site PC 'Health Check' of not more than (1½) one and a hours per computer registered for DOT-COMmunications' "Have IT Your Way" package. In addition the User will be provided with unlimited telephone and email support during stated hours and at the response level stated on www.DOT-COMmunications.co.uk as well as (2) two on-site visits per contract of not more than (1½) one and a half hours duration each. Additional services may be included in the contract where appropriate.
Users with additional computers on Service Contracts can elect to transfer technical support hours/visits between such computer systems provided they are located on the same premises and it does not require any additional on-site visits. The User can elect at anytime to transfer their service contract to a new computer system provided they only do so once per PC during any (12) twelve month period and the previously covered PC system is acknowledged as no longer supported by a service contract with DOT-COMmunications.
All computer peripherals connected directly to a PC system covered by a Service Contact are automatically included in the contract. Networks are only included in the cover if all computer systems in the network are included in your support package with DOT-COMmunications.
All additional on-site technical support visits or hours will be charged at a flat fee of £25 per hour (minimum chargeable period is considered to be half an hour) and we will not charge the user any additional fees for call-out or travel time. Alternatively computer repairs may be undertaken on our own premises at a flat fee of £15 per hour. It is the Users responsibility to ensure that equipment is delivered safe and secure to DOT-COMmunication's premises.
DOT-COMmunications will provide the User with any necessary computer parts and upgrades at cost. However it is understood that we are acting as an agent for the User and not as a supplier in all such transactions and as such we cannot provide any additional warranty other than that provided by the supplier or manufacturer of the part. Fitting and testing of such parts will only be undertaken by DOT-COMmunications during authorised on-site visits as part of the Users contract or as additional (supplementary payment) technical support visits. The User will be given the original invoice(s) and is welcome to retain and/or personally dispose of all original computer parts replaced by us.
Resolution of any technical problem will always be on a best endeavours basis and a final resolution cannot be guaranteed. The support service does not extend to any illegal, pirated or unlicensed software.
In no event shall DOT-COMmunications be liable to the User for any loss of data, business, or for any other indirect or consequential or economic loss whatsoever. It is the Users responsibility to ensure they backup their data on a regular basis. DOT-COMmunications will not be responsible for any data loss howsoever arising.
ii. DOMAIN NAME REGISTRATION
DOT-COMmunications can 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 or they have been registered. Any action taken by you before such notification is at your own risk, for example printing of headed paper. You will be advised of the current charges and renewal factor before a domain name is purchased.
Domains will be registered in the User's 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 a 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.
DOT-COMmunications shall have no liability in respect of the use by you, the Client 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.
DOT-COMmunications gives 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.
DOT-COMmunications will not release any domain name to another provider unless full payment for that domain name has been received by us. If payment is not received for any domain name, DOT-COMmunications may delete or retain the domain for further sale.
You may request deletion of a UK domain name registered with Nominet UK only within (7) seven days of the application date for that domain name. There will be a standard "deletion charge" of £50. Deletion requests after this period will not be accepted.
iii. VIRTUAL SERVER HOSTING and EMAIL
DOT-COMmunications makes no representation and gives no warranty as to the accuracy or quality of information received by any person via the Server and has no liability for any loss or damage to any data stored on the Server.
The User shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
The User shall represent, undertake and warrant to DOT-COMmunications that they will use the Server allocated to them only for lawful purposes. In particular, you represent, warrant and undertake to us that;
While DOT-COMmunications 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.
All web sites hosted on DOT-COMmunication's server MUST display the following message on at least their home page:
"Web space provided by DOT-COMmunications" or display the "Hosted by DOT-COMmunications" logo
(available for download at www.DOT-COMmunications.co.uk/logo )
and this must be linked to http://www.DOT-COMmunications.co.uk
iv. WEB DESIGN
DOT-COMmunications provides a web design service at a flat fee of £20 per hour (minimum chargeable period is considered to be half an hour) including meetings and communication time spent with the User. Our designers will meet with the User to discuss their requirements and will agree a project specification including a schedule and an estimate. The User agrees that the initial development and design will be to the agreed specification and accepts financially liability for all work done to that specification.
The User can at anytime decide to change their specification but accepts that they are financially liable for ALL work undertaken up to that point in time undertaken to the previously agreed specification. The User can at any time request in writing a change to any part of the contract and schedules if it is with the agreement of both parties.
The User will be informed of all over-runs to the estimate prior to work continuing.
DOT-COMmunications agrees to provide the finished site within a reasonable time, however it cannot accept any liability for over-run in production time. Users should note that any features or provision not listed in the agreed specification or schedule is not considered part of DOT-COMmunications scope of work.
DOT-COMmunications will provide the User with a fully functional site but can accept no liability for any scripts or programs not created and designed by their staff.
The User will agree to pay for DOT-COMmunications Web Design services undertaken to date at the end of the agreed pre-production/agreement stage, design stage and finally at launch. In the event of a major delay in the User providing any of the necessary content whether text, graphics or other material needed to complete the project, the User may be asked to pay for all work undertaken by DOT-COMmunications to that point and all work will cease until the content has been provided. Failure to provide money at the appropriate stage(s) will result in DOT-COMmunications ceasing work on the design. The User is considered financially liable for all work undertaken to that point in time.
DOT-COMmunications retains the intellectual rights to all websites and graphics designed by their staff until such time as the User pays in full. At that time the intellectual right to that website transfers unconditionally to the User.
DOT-COMmunications is not liable for the usability or search engine rating of any agreed design however we will undertake a usability study if requested for a separate fee.
DOT-COMmunications is not responsible for registering the site with search engines or for any future maintenance, alterations, updates or repairs after the User has signed off on the site unless the User wishes DOT-COMmunications to undertake this work under a separate maintenance contract.
SERVICE
3.3 Reselling. You may not resell or transfer by any means any DOT-COMmunications Service.
3.4 Connection to Internet-based Services. Connection is via a fixed telecommunications link or dial up connection. Where DOT-COMmunications has not been contracted to provide any telecommunications services necessary for connection to the Service then we cannot accept any liability for such connections. If the User is unable to access the Internet or email and DOT-COMmunications is not your Internet Service Provider (e.g. you use AOL, Freeserve, Virgin etc) then the User must contact their service provider directly first.
3.5 Requests relating to the provision of Service are, unless otherwise agreed, will be made or confirmed in writing or by electronic mail.
3.6 DOT-COMmunications will use all reasonable endeavours to adhere to any dates proposed by either ourselves or by the User for the provision of Service, however any such date is to be treated as an estimate only and DOT-COMmunications can accept no liability for failure to meet such dates.
3.7 DOT-COMmunications will use all reasonable endeavours to provide a reliable Service, however it is not practicable to provide such a Service free of faults and DOT-COMmunications does not undertake to do so. In the event of a fault in Service, you must report the fault by telephone, or electronic mail to DOT-COMmunication's Technical Support at the appropriate numbers or addresses or other such numbers or addresses that DOT-COMmunications may from time to time provide. Upon receipt of the fault report, we will take all proper steps without undue delay to correct the fault. DOT-COMmunications shall not, in any event, be liable for interruptions of Service or downtime of a PC, auxiliary equipment or Server.
3.8 DOT-COMmunications may:
3.9 Other Work. DOT-COMmunications has the right to perform and license products to others during the term of this Agreement. DOT-COMmunications may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its Users. DOT-COMmunications reserves the right to block any site hosted by DOT-COMmunications that contains any content that DOT-COMmunications deems in its sole discretion to be unacceptable or undesirable.
4.1 User. The User represents and warrants that (i) the User is at least (18) eighteen years of age, (ii) the User possesses the legal right and ability to enter into this Agreement, and (iii) the performance of the User's obligations and use of the Services by the User, its customers and clients, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other DOT-COMmunications Users' use of Services. The User assumes all risks related to processing of transactions related to electronic commerce. The User agrees to provide DOT-COMmunications with accurate, complete and updated information required by the registration of the DOT-COMmunications host service (User Registration Data), including The User's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date, bank details etc). The User agrees to notify DOT-COMmunications within (30) thirty days of any changes in the User's Registration Data.
4.2 Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, DOT-COMmunications will have the right, in its sole discretion, to suspend or terminate immediately any Services.
4.3 Fees and Expenses. The User shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names.
4.4 Third-Party Software. Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, the User agrees to be bound by the terms of such end user licenses regarding the applicable third-party software. The User consents and authorises DOT-COMmunications to delegate the authorisations the User provides to DOT-COMmunications to its third party service provider(s) as DOT-COMmunications deems necessary or desirable to provide the applicable Services. The User agrees that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. The User also agrees that all reference to "DOT-COMmunications" within this Agreement and any incorporated terms are also deemed to include, where applicable, DOT-Communication's agents, such as the third party service providers.
4.5 Advertising, Solicitation, and User Name Harvesting. User may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the DOT-COMmunications Users or other Internet users unless the User receives the express permission of such individuals. The User may not use the means of unsolicited advertising to advertise a site hosted on the DOT-COMmunications network. The User may not use the Services to collect or "harvest" user-names of DOT-COMmunications Users or other Internet users without the expressed prior permission of the member. DOT-COMmunications reserves the right to block or filter mass email solicitations sent from sites hosted on the DOT-COMmunications network.
4.6 Management of Site. The User shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, DOT-Communication's then-standard Terms of Service ("ToS") and any generally applicable guidelines and service standards published by DOT-COMmunications. The User warrants that its site hosted on the DOT-COMmunications network (i) will conform to the DOT-COMmunications ToS attached hereto as Exhibit A; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.K. or European patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. DOT-COMmunications shall have no obligations with respect to the content available on or through any site hosted on the DOT-COMmunications network, including, but not limited to, any duty to review or monitor any such content. DOT-COMmunications reserves the right to block any site that violates any of the above-stated terms, or which in DOT-Communication's sole discretion, DOT-COMmunications deems objectionable or offensive, or otherwise violates a law or DOT-COMmunications policy, or, in the alternative, to terminate this Agreement.
4.7 Compliance Laws. The User agrees that it will use the Services only for lawful purposes and in accordance with this Agreement. The User will comply at all times with all applicable laws and regulations and the ToS, as updated by DOT-COMmunications from time to time. The ToS are incorporated herein and made a part hereof by this reference. DOT-COMmunications may change the ToS, with notice, which notice may be provided by posting such new ToS at the DOT-COMmunications Site. The User may request a current copy of the ToS by sending or faxing a request to DOT-COMmunications. The User agrees that it has received, read and understands the current version of the ToS.
4.8 Proprietary Rights. Unless otherwise specified, all work performed hereunder, is the property of DOT-COMmunications, and all title and interest therein shall vest in DOT-COMmunications. To the extent that title to any such works may not, by operation of law, vest in DOT-COMmunications all rights, title and interest therein are hereby irrevocably assigned to DOT-COMmunications. All such materials shall belong exclusively to DOT-COMmunications, and DOT-COMmunications shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. The User agrees to give DOT-COMmunications and any person designated by DOT-COMmunications such reasonable assistance, at DOT-Communication's expense, as is required to perfect the rights defined in this paragraph.
4.9 Marketing Rights. The User agrees that DOT-COMmunications may refer to the User, or the User's organisation in DOT-COMmunications marketing materials, the DOT-COMmunications website, and communication to DOT-Communication's current and prospective Users. The User grants DOT-COMmunications a limited license and permission to use any User trade name and/or trademark for such, and only for such, purposes.
5.1 Limitation. In the event that any limited guarantees are provided by DOT-COMmunications, such limited guarantees are null and void if the User fails to follow DOT-Communication's TOS and other policies or otherwise breaches this Agreement in any respect.
5.2 No Other Warranty. DOT-COMmunications does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained there from is at the User's own risk. The Services are provided on an "as is" basis, and the User's use of the Services is at its own risk. Except as provided in the order form(s), DOT-COMmunications does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. DOT-COMmunications does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.
5.3 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. DOT-COMmunications does not and cannot control the flow of information to or from DOT-Communication's network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt User's connections to the Internet (or portions thereof). DOT-COMmunications cannot guarantee that such events will not occur. Accordingly, DOT-COMmunications disclaims any and all liability resulting from or related to such events.
The User agrees to indemnify, defend and hold DOT-COMmunications and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys' fees, made by any person arising out of the User's violation of this Agreement, national laws or regulations, or any other person's rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to a negligent act, will DOT-COMmunications or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.
In no event will DOT-COMmunications or its third party service providers be liable to the User or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by DOT-COMmunications. DOT-COMmunications and its third party service providers will under no circumstances be liable to User and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if DOT-COMmunications or its third party service providers has been advised of the possibility of such damages, resulting from: (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any user date, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. User agrees that User will not in any way hold DOT-COMmunications responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the User Services.
7.1 Force Majeure. DOT-COMmunications and its affiliates, agents, employees, or licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, ware, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.
7.2 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
7.3 Terms of Services. User's of our web hosting facilities must agree to be bound by DOT-Communication's Terms of Service (ToS). The current ToS can be found on DOT-Communication's website at www.DOT-COMmunications.co.uk. Should the User disagree with any updates to DOT-Communication's ToS, it is the User's responsibility to notify DOT-COMmunications of the User's desire to terminate their Services immediately.
7.3 Implied Agreement.
CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND DOT-COMMUNICATIONS'S ToS IN THEIR ENTIRETY. BY USING THE SERVICES, THE USER AGREES TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREMEENT AND THE ToS.
THE USER'S ONLY RECOURSE IN THE EVENT OF SUCH A DISAGREEMENT IS TO TERMINATE THIS CONTRACT.
7.4 Entire Agreement. This Agreement, and the exhibits reference herein, sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, nor each party specifically objects to, any term, conditions or other provisions, which are different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.
DOT-Communication's current Terms of Service are available here