Terms & conditions

LICENCE refers to permission given by SitesPlus, a trading name of COSMIC Ltd, to the Customer to use the SitesPlus template software.

SOFTWARE means the template software supplied by SitesPlus.

BANDWIDTH relates to the channel through which data (Internet Traffic) is transmitted on the Internet.

DELIVERY DATE is the date from which the website can be viewed on the domain name requested or transferred by the customer.

CONTRACT means the Terms and Conditions of use and the Prices.

SERVICE and SERVICES means the services as provided by SitesPlus to the Customer and, where applicable, any other services and facilities provided by SitesPlus for the Customer in connection with the Service;

PRODUCT and PRODUCTS means the products as provided by SitesPlus to the Customer.

DOMAIN NAME means a name registered with an Internet registration authority for use as part of the Customer's URL (Universe Resource Locator; the physical location of the web page).

EMAIL means the process of sending written messages, files, pictures, faxes in an electronic format to another person or machine via the Internet.

HOSTING refers to the service involving the placement of a website onto the Internet through a computer server. Once this is done, anyone anywhere in the World is able to access those Web pages and view the information that is provided there for them.

PRICE LIST means the schedule of charges for the Service as provided by SitesPlus, details of which can be obtained from www.sitesplus.co.uk.

SEARCH ENGINE refers to websites which are internet directories.

WAP means Wireless Application Protocol is a specification for a set of communication protocols to standardize the way that wireless devices, such as cellular telephones and radio transceivers, can be used for Internet access and enables the technologies of different manufacturers to interoperate.

FORCE MAJEURE means any event beyond the reasonable control of the parties, which shall include but shall not be limited to acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, including acts of local government and parliamentary authority, breakdown of equipment and labour disputes of whatever nature and for whatever cause arising, including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lockouts

THE CUSTOMER, PARTIES, YOU or YOUR means the person named as such on the Order Form and anyone reasonably appearing to SitesPlus to be acting with that Customer's authority or permission. The Customer may be acting as an individual, a registered Company, a not-for-profit company, a business, partnership or sole trader in any of the countries in which SitesPlus is operating.

WE, OUR, or US means SitesPlus.

SitesPlus is a trading name of COSMIC LTD (Registration number 03308716).

  1. 1.0 GRANT OF RIGHTS
    1. 1.1 SitesPlus grants the Customer a personal, non-exclusive, non-transferable and revocable licence for on-line use of the proprietary software hosted by SitesPlus. This licence starts on the delivery date and continues until our contract with the Customer is terminated.
    2. 1.2 The licence is applicable to any Internet services available from SitesPlus whether or not they have been paid for.
  2. 2.0 USE
    1. 2.1 The Customer may use and access the software only for the benefit of the business named by the Customer in the normal course of the business’s activities.
    2. 2.2 The Customer must not transfer this site for any other party to use.
    3. 2.3 The Customer may not copy, modify, vary, add to or disassemble or reverse engineer the software under any circumstances.
  3. 3.0 PROVISION OF SERVICES
    1. 3.1 The SitesPlus product is a web-based modular software template system hosted by SitesPlus. The Customer is able to access and update and amend their website by using the username and password which will be supplied to them.
    2. 3.2 The Customer is responsible for choosing images and text provided by SitesPlus and/or entering their own text and images onto the website. SitesPlus accept no responsibility for any information incorrectly loaded onto any websites by the Customer.
    3. 3.3 SitesPlus designs web pages that are compatible with modern web browsers (versions 5.5 and higher) but is not compatible with WAP. The appearance of a document will vary from one browser to another depending on the capabilities of each browser and your computer system.
    4. 3.4 SitesPlus offer technical support to assist with any problems or questions relating to provision of the SitesPlus services. This is available by e-mail at [email protected] Up to 8 email enquiries a year are handled free of charge.
    5. 3.5 SitesPlus endeavours to respond as soon as possible to any questions received by e-mail during normal working hours (9am to 5pm Monday to Friday).
  4. 4.0 CUSTOMER’S OBLIGATION
    1. 4.1 The details provided by the Customer to SitesPlus must be true, correct and complete. An email address must be provided and the Customer agrees to notify SitesPlus immediately of any changes to this information.
    2. 4.2 The Customer acknowledges that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name.
    3. 4.3 The Customer acknowledges SitesPlus Privacy Policy and understands that some information provided during the registration process will be publicly available as required by the registry for your domain name.
    4. 4.4 SitesPlus advises that, 48 hours after the Customer receives notice that the domain name has been registered, the Customer should check whether name is active and alert SitesPlus to any registration errors.
    5. 4.5 The Customer will keep their password and user name secure and will not disclose it to any third party other than administrators agreed by the business committee. The Customer will notify SitesPlus and change any password which is believed to have been compromised. SitesPlus does not accept liability for any breach of security by any third party gaining unauthorised access.
    6. 4.6 The SitesPlus product is modular allowing a separate upgrade path. Should the Customer decide to purchase any of these options then these will be subject to a separate 12 month term with SitesPlus. If the Customer purchases any of these options and then decides not to use them the Customer will not be entitled to a refund.
    7. 4.7 SitesPlus may, from time to time, offer incentives to the Customer to purchase any of these options by giving discounts on the SitesPlus listed price. These discounts will relate to the 12 month term for those options only. At the end of that term, should the Customer wish to re-purchase those options on a new 12 month term then they may do so at the price quoted on SitesPlus at that time.
  5. 5.0 HOSTING PROVISION
    1. 5.1 The Customer acknowledges that the SitesPlus service includes central hosting and that no SitesPlus website can be hosted on any other server.
    2. 5.3 SitesPlus will monitor the Customer's monthly bandwidth usage. If the Customer should happen to exceed their allocated monthly bandwidth then SitesPlus reserves the right to restrict their usage in order to protect all other Customers using the servers.
    3. 5.4 The Customer is responsible for their material stored on our servers. SitesPlus shall not be held responsible for any loss, however caused, of this material.
    4. 5.5 The SitesPlus system allows images in jpeg or gif format to be loaded on to the website. If the images are too large or in a format which the system does not recognize then the system may not load it. SitesPlus accept no responsibility for this eventuality.
    5. 5.6 SitesPlus do not submit Customer websites to any Search Engines. However we do allow the Customer to submit their website to search engines and update the Meta tags (keywords and description) relating to these sites which the search Engines use to locate websites.
    6. 5.7 SitesPlus reserves the right to suspend or terminate any account or service at our sole discretion.
    7. 5.8 SitesPlus are not responsible for any use the Customer makes of our services. In addition the Customer agrees to indemnify SitesPlus against any of the effects of the Customer’s misuse or use of SitesPlus services, or claims resulting from that use or misuse.
    8. 5.9 SitesPlus reserves the right to suspend or terminate all services without refund of any costs and without notice should the Customer use this service to promote, distribute or advertise:
      1. 5.9.1 Pornography or other obscene material.
      2. 5.9.2 Firearms and other weapons.
      3. 5.9.3 Racist or other menacing material.
      4. 5.9.4 Material which breaches a third parties intellectual property rights including copyright or other trade secrets.
    9. 5.10 SitesPlus reserves the right to suspend or terminate all services without refund of any costs and without notice should the Customer use this service to:
      1. 5.10.1 Host or advertise domain names, which in itself could be deemed offensive to others.
      2. 5.10.2 Disseminate large files, such as mp3 samples etc.
  6. 6.0 DOMAIN NAME
    1. 6.1 The Customer is responsible for choosing a domain name. The Customer must have the right to use and register the domain name and by registering it the Customer is confirming that right.
    2. 6.2 SitesPlus will attempt to register the Customer’s domain names promptly upon receipt of full set up fees due to SitesPlus. The automated systems that the regulatory bodies use and from which SitesPlus take their information are not under the control of SitesPlus. Therefore SitesPlus accepts no responsibility if a Domain Name ordered by the Customer is stated as being available but is subsequently found to be unavailable. SitesPlus will suggest suitable alternatives.
    3. 6.3 Domain names cannot be altered once registered. Should the Customer wish to cancel a domain name once it is registered, for any reason they will not be entitled to a refund of any charges paid.
    4. 6.4 SitesPlus accept no responsibility if, for any reason, we have been unable to secure or renew a Domain name.
    5. 6.5 Domain Name registries retain the right to register or refuse to register a Domain Name applied for by SitesPlus on behalf of the Customer therefore, SitesPlus makes no warranty or representation of any kind in relation to the likelihood or otherwise of a particular Domain Name application being successful.
    6. 6.6 SitesPlus will inform the Customer of an impending renewal 30 days in advance. Renewals for domain names will be carried out automatically, unless notification is given in writing from the Customer to SitesPlus at least 25 days before the renewal date. If notification is not received in that time the Customer will not be entitled to a refund if the name or options are subsequently not required.

  1. 7.0 DOMAIN NAME TRANSFERS

TO SitesPlus

    1. 7.1 If a Customer already possesses a.co.uk or.com Domain Name and wishes to use this for their SitesPlus website then they may do so by transferring the domain name to SitesPlus. There will be no charge for a Domain Name to be transferred to SitesPlus. However the Customer may incur charges in transferring a Domain Name to SitesPlus.
    2. 7.2 The Customer will be subject to the SitesPlus standard terms and conditions as set out in this document immediately upon domain name transfer.

FROM SitesPlus

    1. 7.3 The Customer will not be entitled to move their domain name from SitesPlus without first terminating their contract. A standard transfer fee will be charged for moving the domain name to another location. Payment of the transfer fee must be received and processed before transfer will take place. Note that within the last 30 days of registration the Naming Authority will `lock` domain names preventing transfers at that time. Payment for the next year must be made to SitesPlus before that time in order that a transfer can take place.
    2. 7.4 In order to complete the transfer from SitesPlus, we require that the Customer sends notification in writing by post or by fax (not email) stating the domain name. For .uk domain names we will also require the IPS tag. For other names the Customer must ask their new host to initiate an Automated Transfer request. We reserve the right to charge to the Customer any costs incurred in transferring non .uk names.

CHANGE OF DOMAIN DETAILS

    1. 7.5 Should the Customer decide to change ownership details of a domain name, the Customer will pay any charges levied by our registrars for changing the owner's name/address details.
  1. 8.0 EMAIL AND E-NEWSLETTERS
    1. 8.1 The email facilities we provide are intended to allow you to provide a professional presence for your domain. The Customer agrees not to use this facility to provide a general-purpose email service like hotmail.
    2. 8.2 The Customer acknowledges that it is their responsibility to comply with all relevant legislation when sending email.
    3. 8.3 The Customer acknowledges and agrees that SitesPlus is not responsible for the security of the contents of email sent or received by the Customer
    4. 8.4 The Customer undertakes that it will not (and will ensure that others under its control will not) via email;
      1. 8.4.1 Transmit Inappropriate Material.
      2. 8.4.2 Abuse or deny service to other internet users. This includes, but is not limited to, mail-bombing and sending abusive email.
      3. 8.4.3 Send Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
      4. 8.4.4 SPAM email, including bulk email software and lists of email addresses, except where all of the addressees have given their permission.
      5. 8.4.5 Other libellous or illegal activities or activities deemed to be in breach of the Data Protection Act.
      6. 8.4.6 Promote services we supply, or your own sites hosted on or forwarded to by our servers, using methods such as bulk emailing or excessive news group postings, or posting to newsgroups whose charter specifically prohibits advertising.
      7. 8.4.7 Infringe the Intellectual Property Rights of any third party.
      8. 8.4.8 Make use of SitesPlus’s web server to an extent or in a manner which, in SitesPlus’ reasonable opinion, is excessive, wasteful or otherwise to the detriment of SitesPlus, any of SitesPlus customers or any other third party.
    5. 8.5 SitesPlus will use its reasonable endeavours to ensure that messages are routed accurately and promptly. We do not accept any liability for non-receipt, non-delivery or misrouting of email or any other failure of the email system.
    6. 8.6 Subject to which service provider the Customer uses, it may not be possible for the Customer to modify their outgoing mail settings enabling them to send out emails using their Domain Name. SitesPlus accept no responsibility if this is the case.
    7. 8.7 SitesPlus’s policy is to respect the privacy of e-mail messages sent, received, forwarded or otherwise dealt with by it and the Customer acknowledges that SitesPlus will therefore not monitor, edit or disclose the contents of such messages unless required to do so by law or competent authority or to protect SitesPlus rights and/or position.
  2. 9.0 REGISTRY TERMS AND CONDITIONS
    1. 9.1 In addition to our terms and conditions, The Customer is bound by the terms and conditions of the registries used to secure your domain name.
    2. 9.2 The customer agrees to indemnify us for all costs resulting from any such dispute.
  3. 10.0 RIGHT TO VARY
    1. 10.1 SitesPlus reserves the right, at its sole discretion, to change or to withdraw any service at any time and/or to refuse to provide the SitesPlus services, website and/or licence to the Customer for any reason.
    2. 10.2 SitesPlus reserves the right to change the Terms and Conditions at any time. The latest version will be available to view on the SitesPlus website.
  4. 11.0 DELIVERY
    1. 11.1 If the Service is to be provided by a date specified by SitesPlus, such date shall be treated as an estimate only and SitesPlus does not accept any liability for any failure to meet the date.
    2. 11.2 SitesPlus shall have no liability to the Customer for losses arising from any material, data or instructions supplied whether digitally or otherwise by the Customer or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Customer or on its behalf.
  5. 12.0 PAYMENT TERMS
    1. 12.1 The Customer agrees to pay all charges for the Service as specified in the Price List. Payment for services is required in advance. The Customer will be notified when renewal fees become due and agrees to make payment within 10 days of the renewal date indicated on the invoice. If payment is not received within this period the services may be suspended or cancelled.
    2. 12.2 SitesPlus reserves the right to apply an administration charge for late or non-payment of an account. This fee shall not exceed £150 + VAT plus the amount outstanding.
  6. 13.0 VAT
    1. 13.1 All prices quoted to the Customer for the provision of services by SitesPlus are exclusive of any Value Added Tax for which the Customer will be additionally liable at the applicable rate.
  7. 14.0 NOTICES
    1. 14.1 At all times the Customer must specify a communications address in a recognised form to which SitesPlus may send all notices or other forms of communication, (particularly in an emergency). Should the Customer fail to notify SitesPlus immediately of any change in particulars then SitesPlus shall not be liable for any loss to the Customer arising from any such failure.
    2. 14.2 Any notice or other communication to be given by a party under this Agreement must be in writing and must be given by delivery or sending by second class post or other faster postal, e-mail service or telex, facsimile transmission or other means of telecommunication in permanent written form (provided the addressee has his or its own facilities for receiving such transmission) to the last known postal or E-mail address or relevant telecommunications number of the other party. Where notice is given by sending in a prescribed manner it shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was despatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee.
  8. 15.0 TERMINATION
    1. 15.1 The customer may terminate this contract after the first 12 months by notifying SitesPlus (by email, fax or post), by giving 30 days notice in writing.
    2. 15.2 This Agreement should be deemed to expire:
      1. 15.2.1 by either party, if the other commits any material breach of any these conditions which (in the case of a breach capable of being remedied) has not been remedied within 30 days of a written request to remedy the same.
      2. 15.2.2 by either party, if the other shall convene a meeting with its creditors or if a proposal shall be made for a voluntary arrangement within part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme of arrangement with (or the assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee receiver or administrative receiver or similar officer is appointed in respect of all or any of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or any other steps are taken for the winding up or the making of an administrative order (otherwise than for the purposes of a solvent amalgamation or reconstruction).
    3. 15.3 Any termination pursuant to the preceding clause shall be without prejudice to any other rights or remedies which a party may be entitled to hereunder or at law and shall not effect any previous rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continuing force upon or after such termination.
    4. 15.4 Any breach by the Customer of any of its obligations shall entitle SitesPlus to recover its loss arising from any such breach.
  9. 16.0 WARRANTY
    1. 16.1 The Customer acknowledges that software in general is not error-free and agrees that the existence of such errors shall not constitute a breach of these conditions.
    2. 16.2 In the event that the Customer discovers a material error which substantially affects the Customer’s use and notifies SitesPlus of the error, SitesPlus may correct the fault as soon as it reasonably can.
  10. 17.0 LIMITATION OF LIABILITY
    1. 17.1 SitesPlus shall not in any circumstances be liable whether in contract, tort or otherwise for any consequential or indirect loss or damage howsoever arising and is whatsoever nature suffered or incurred by the Customer including (without limitation) loss of profits, loss of contracts, loss of data, loss of operation time or loss of use of any equipment or process suffered indirectly by the Customer’s use of SitesPlus products and services.
    2. 17.2 SitesPlus’s entire liability under this agreement shall be limited to the aggregate of any licence fee payable in any one year and the total consideration payable for any development work commissioned by the customer.
    3. 17.3 Nothing in this clause shall confer any right or remedy upon the Customer to which it would not be legally entitled
  11. 18.0 INDEMNITY
    1. 18.1 No party shall knowingly infringe any Intellectual Property Rights of any third party in performing its obligations under this agreement.
    2. 18.2 If at any time an allegation of infringement of copyright is made in respect of any Software, images or text SitesPlus may at its own expense modify or replace the relevant Software, images or text with a product of equivalent performance so as to avoid infringement.
  12. 19.0 DATA PROTECTION
    1. 19.1 SitesPlus is registered under the Data Protection Act.
    2. 19.2 Nothing in these terms and conditions shall prevent or hinder SitesPlus or the Customer from complying with its legal obligations as to disclosure or otherwise under the Consumer Credit Act and the Data Protection Act.

  1. 20.0 OWNERSHIP
    1. 20.1 All ownership, intellectual rights and copyright on all material remain the property of SitesPlus at all times whether the Customer is under contract or not. This will include all website designs, graphic designs, style templates, icons, HTML codes and all other elements relating to the design, function or operation of SitesPlus products and services.
  2. 21.0 PUBLICITY
    1. 21.1 SitesPlus may use the name of the Customer and point to the Customer’s web address in advertising or publicity relating to SitesPlus.
  3. 22.0 FORCE MAJEURE
    1. 22.1 Neither party to this Agreement shall be liable for any breach of its obligations under this Agreement arising by reason of Force Majeure. Each of the Parties to the Agreement agrees to give notice forthwith to other upon becoming aware of an event of Force Majeure such notice to contain details of the circumstances giving rise to the event of Force Majeure.
  4. 23.0 ASSIGNMENT
    1. 23.1 The Customer shall not assign or otherwise transfer all or part of the Agreement without the prior written consent of SitesPlus.
  5. 24.0 SEVERABILITY
    1. 24.1 If any of these terms conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable such term condition or provision shall be severed from the remaining terms conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

WAIVER

    1. 24.2 No waiver of any breach of this Agreement shall constitute a waiver of any other breach of the same or other provision of this Agreement and no waiver shall be effective unless made in writing.
  1. 25.0 RECOVERY OF SUMS DUE
    1. 25.1 We reserve the right to take legal action to recover any debts.

25.2 Whenever under this Agreement any sum of money shall be recoverable from or payable by SitesPlus, the same may be deducted from any sum then due or which at any time thereafter may become due to SitesPlus, under this Agreement or any contract with the Customer.

  1. 26.0 ARBITRATION
    1. 26.1 All disputes, differences or questions, except for domain registration, shall, after written notice by either party, be referred to a single arbitrator agreed for the purpose, or in default of such agreement be the President of the British Computer Society. Such reference shall be deemed to be a submission to arbitration under the Arbitration Act 1950 and 1979 or any statutory modification or enactment thereof.
    2. 26.2 Any dispute arising from domain registration will be bound by the appropriate dispute resolution policy, specifically:
      1. 26.2.1 For .uk domains: Nominet Dispute Resolution Service
      2. 26.2.2 For .com/net/org/biz/info domains: ICANN Uniform Domain-Name Dispute-Resolution Policy.
  2. 27.0 LAW
    1. 27.1 This Agreement shall be considered as a contract made in England and subject to the laws of England and Wales in the jurisdiction of the Courts of England and Wales.
  3. 28.0 ENTIRE AGREEMENT

This Agreement constitutes the entire contract between SitesPlus and the Customer as to the subject matter hereof and supersedes all previous communications.