Where the context admits:
"We" includes Web4orce Limited,
PO Box 42, Settle North Yorkshire BD24
9WU . or any party acting on Web4orce Limited's
"You" includes the person purchasing
the Services or any party acting on the customer's
"Server" means the computer server
equipment operated by us in connection with
the provision of the Services.
"Website" means the area on the
Server allocated by us to you for use by you
as a site on the Internet.
In consideration of
the mutual covenants herein, the parties agree
to the following, which shall apply during
the term of this Agreement:
1. Domain Name Registration
1.1 We make no representation that the domain
name you wish to register is capable of being
registered by or for you or that it will be
registered in your name. You should therefore
not assume registration of your requested
domain name(s) until you have been notified
that it has or they have been registered.
Any action taken by you before such notification
is at your risk.
1.2 The registration and use of your domain
name is subject to the terms and conditions
of use applied by the relevant Registry; you
shall ensure that you are aware of those terms
and conditions and that you comply with them.
1.3 You shall have no right to bring any claim
against us in respect of refusal to register
a domain name.
1.4 Any administration charge paid by you
to us shall be nonrefundable notwithstanding
refusal by the Registry to register your desired
1.5 We shall have no liability in respect
of the use by you 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
Registry but will not be obliged to take part
in any such dispute.
1.6 We shall not release any domain to another
provider unless full payment for that domain
has been received by us.
2. Website Hosting And Email
2.1. We make no representation and give no
warranty as to the accuracy or quality of
information received by any person via the
Server and we shall have no liability for
any loss or damage to any data stored on the
2.2 You represent, undertake and warrant to
us that you will use the Website allocated
to you only for lawful purposes. In particular,
you represent, warrant and undertake to us
2.2.1 you will not use the Server in any manner
which infringes any law or regulation or which
infringes the rights of any third party, nor
will you authorise or permit any other person
to do so.
2.2.2 you will not upload, post, link to or
(a) any material which is unlawful, threatening,
abusive, malicious, defamatory, obscene, pornographic,
blasphemous, profane or otherwise objectionable
in any way.
(b) any material containing a virus or other
hostile computer program.
(c) any material which constitutes, or encourages
the commission of, a criminal offence or which
infringes any patent, trade mark, design right,
copyright or any other intellectual property
right or similar rights of any person which
may subsist under the laws of any jurisdiction.
(d) any material which is forbidden by our
acceptable use policy which is published at
2.2.3 you will not send bulk email whether
opt-in or otherwise from our network. Nor
will you promote a site hosted on our network
using bulk email.
2.2.4 you will not employ programs which consume
excessive system resources, including but
not limited to processor cycles and memory.
2.2.5 any file you store on the Server will
be reachable via a hyperlink from a page on
2.3 We reserve the right to remove any material
which we deem inappropriate from your Website
without notice to you.
2.4 You shall keep secure any identification,
password and other confidential information
relating to your account and shall notify
us immediately of any known or suspected unauthorised
use of your account or breach of security,
including loss, theft or unauthorised disclosure
of your password or other security information.
2.5 You shall observe the procedures which
we may from time to time prescribe and shall
make no use of the Server which is detrimental
to our other customers.
2.6 You shall procure that all mail is sent
in accordance with applicable legislation
(including data protection legislation) and
in a secure manner.
2.9 In the case of an individual User, you
warrant that you are at least 18 years of
age and if the User is a company, you warrant
that the Services will not be used by anyone
under the age of 18 years.
2.10 Any access to other networks connected
to http://www.uk-carehomes.co.uk must comply
with the rules appropriate for those other
2.11 While we will use every reasonable endeavor
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
3. Service Availability
3.1 We shall use our reasonable endeavors
to make available to you at all times the
Server and the Services but we shall not,
in any event, be liable for interruptions
of Service or down-time of the Server.
3.2 We shall have the right to suspend the
Services at any time and for any reason, generally
without notice, but if such suspension lasts
or is to last for more than 7 days you will
be notified of the reason.
4.1 All charges payable by you for the Services
shall be in accordance with the scale of charges
and rates published from time to time by us
on our web site and shall be due and payable
in advance of provision of the Services.
4.2 We reserve the right to change pricing
at any time although all pricing is guaranteed
for the period of pre payment.
4.3 Payment is due each anniversary year following
the date the Services were established until
closure notice is given in accordance with
5.4. If you choose to pay by credit or debit
card you authorise Web4orce Limited to debit
your account renewal fees from your card.
4.4 All payments must be in UK Pounds Sterling.
4.5 If your cheque is returned by the bank
as unpaid for any reason, you will be liable
for a "returned cheque" charge of
4.6 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.
5. Termination And Refunds
5.1 We shall be entitled to suspend the Services
and/or terminate this Agreement forthwith
without notice to you If you:
5.1.1 fail to pay any sums due to us as they
5.1.2 break any of these terms and conditions.
5.1.3 are a company and you go into insolvent
liquidation or suffer the appointment of an
administrator or administrative receiver or
enter into a voluntary arrangement with your
5.2 No refunds will be made under any circumstances
for Services suspended in accordance with
5.3 We reserve the right to suspend the Services
and/or terminate this Agreement at any time.
In the event of this you will be entitled
to a pro rata refund based upon the remaining
period of prepayment.
5.4 You may cancel the Services at any time.
To do so you must request cancellation of
the Services in writing including your account
username and password. We will cancel the
Services within 5 working days of receipt
of your request.
5.5 During the first 7 days of Services, you
are entitled to a refund of the basic hosting
plan rental fee should you decide to cancel
the Services. No full refunds or pro rata
refunds will be made after the first 7 days
of service should you decide to cancel the
5.5.1 Domain name registration fees, charges
for additional data transfer and charges for
optional extras added to your account are
not refundable on this basis.
5.5.2 You will not be entitled to a refund
on this basis if you have previously held
an account with Web4orce Limited.
5.2.3 You will not be entitled to a refund
for any domain name(s) registered with us
and domain name(s) will be under registration
for Web4orce Limited.
5.6 Where payment has been made by credit
or debit card, any refund will only be issued
to the same credit or debit card.
5.7 On termination of this Agreement or suspension
of the Services we shall be entitled immediately
to stop access to your Website and to remove
all data located on the Server.
6.1 You shall indemnify us and keep us indemnified
and hold us harmless from and against any
claim brought against us by a third party
resulting from the provision of Services by
us to you and your use of the Services and
the Server including, without limitation,
all claims, actions, proceedings, losses,
liabilities, damages, costs, expenses (including
reasonable legal costs and expenses), howsoever
suffered or incurred by us in consequences
of your breach or non-observance of this Agreement.
7. Limitation Of Liability
7.1 All conditions, terms, representations
and warranties relating to the Services supplied
under this Agreement, whether imposed by statute
or operation of law or otherwise, that are
not expressly stated in these terms and conditions
including, without limitation, the implied
warranty of satisfactory quality and fitness
for a particular purpose are hereby excluded,
subject always to subclause 7.2.
7.2 Nothing in these terms and conditions
shall exclude our liability for death or personal
injury resulting from our negligence.
7.3 Our total aggregate liability to you for
any claim in contract, tort, negligence or
otherwise arising out of or in connection
with the provision of the Services shall be
limited to the charges paid by you in respect
of the Services which are the subject of any
7.4 In any event no claim shall be brought
unless you have notified us of the claim within
one year of it arising.
7.5 In no event shall we be liable to you
for any loss of business, contracts, profits
or anticipated savings or for any other indirect
or consequential or economic loss whatsoever.
8 .1 Any notice to be given by either party
to the other may be sent by either email,
or recorded delivery to the address of the
other party as appearing in this Agreement
or ancillary application forms or such other
address as such party may from time to time
have communicated to the other in writing,
and if sent by email shall unless the contrary
is proved be deemed to be received on the
day it was sent or if sent by recorded delivery
shall be deemed to be served two days following
the date of posting.
9 .1 This Agreement shall be governed by and
construed in accordance with English law and
you hereby submit to the non-exclusive jurisdiction
of the English courts.
10.1 Headings are included in this Agreement
for convenience only and shall not affect
the construction or interpretation of this
11. Entire Agreement
11.1 These terms and conditions together with
any documents expressly referred to in them,
contain the entire Agreement between us relating
to the subject matter covered and supersede
any previous Agreements, arrangements, undertakings
or proposals, written or oral: between us
in relation to such matters. No oral explanation
or oral information given by any party shall
alter the interpretation of these terms and
conditions. In agreeing to these terms and
conditions, you have not relied on any representation
other than those expressly stated in these
terms and conditions and you agree that you
shall have no remedy in respect of any misrepresentation
which has not been made expressly in this
01 May 2007