Terms & Conditions
“Service” means products and services provided by us relating to the Internet, World Wide Web and e-commerce, including but not limited to internet advertising, internet access, email, website building, website hosting, domain name registration and telecommunication services.
“Agreement” means the agreement between you and us for the provision of the Service, the terms of which are set out in these Terms and Conditions, the Welcome Pack and the Package Confirmation.
“Business Day” means a day, other than a Saturday or a Sunday, on which clearing banks are open for commercial business in both Edinburgh and London.
“Charges” means the monthly fee, the set up fee and any one-off payments due to us by you for the use of our services.
“Package Confirmation” means the document entitled “Package Confirmation” contained in the welcome email sent by us to you following your placement of an order for services and confirming certain details of the services you have selected, certain terms applicable to those services, and your selected payment method.
“Welcome Email” means the document entitled “Welcome Email” sent by us to you after your placement of an order for Services and confirming certain details of the Services you have selected and certain terms applicable to those Services.
“Us” and “we” and “our” means Sharps Media Group Limited, a company incorporated in England and based at Suite 6, Victoria Hall, Barrow-in-Furness, Cumbria, LA14 1BX
For more information please visit www.sharpsmediagroup.co.uk “You” and “your” means the company or other persons wishing to buy services.
2: Terms and Conditions
Before using or accepting the Service you should read these terms and conditions carefully.
By using the Service you show your agreement to be bound by these terms and conditions, whether or not you are a registered user of the Service.
If you do not agree to these terms and conditions DO NOT use the Service.
Where we agree to provide any more products or services these may be provided by us or a third party so we will inform you if any additional products or services (whether provided by us or by a third party) attract separate charges or have more or different terms and conditions.
You confirm that in relation to any Agreement entered into and the purchase by you of the Service that you are acting in a business capacity and are not and will not “deal as a consumer” for the purpose of section 12 of the Unfair Contract Terms Act 1977.
If you believe that you may be acting as a consumer and not for the purpose of a business you should contact us using the contact details given in the Welcome Pack and Package Confirmation.
3: Customer Obligations
You appoint us to act on your behalf for the provision of the Service.
You will be asked to register a security password for use with the Service which will be a question of your choice. You are responsible for maintaining the confidentiality of the passwords and also for all activities that take place under use of passwords.
3.2 Acceptable use
The following clause 3.2 applies to all uses by you of the Service, including all use of any website built by you or by us and/or hosted by us as part of the service. We may suspend or block access to your use of the Service if you break, or we have reason to believe you may have broken this clause or any other provision of these terms and conditions. You shall not:
Engage in illegal or unlawful activities through the Service or via your website.
Make available or upload files to your website or to the Service that you know or should be reasonably aware contain a virus, worm, Trojan or corrupt data.
Get or try to get access, through whatever means, to areas of our network or the service which are identified as restricted or confidential, or
Move material to or from your computer or website which infringes any laws, regulations or the rights of others.
In using the service you shall keep to all laws applicable to this use.
We reserve the right to remove material from your website or the Service that we find offensive or believe that others may find offensive.
You are responsible for providing all information that you want to be put on your website. You have full responsibility for the content of your website including without limitation any images that you display on your website. It is your responsibility to ensure that the content of your website does not breach the intellectual property rights of any third party and that you have permission to use all content. We accept no liability for the content of your website.
We reserve the right to stop the whole or any part of the Service in relation to your website and to stop the Agreement if we deem the content of your website to be unsuitable.
It is your duty to terminate the Agreement within the parameters of clause 7.1.1.
4: Our Service Obligations
The scope of the service to be provided is set out in the Package Confirmation.
We warrant that we will make reasonable attempts to make sure that the service is provided as described in the Website and confirmed in the Package Confirmation but because the Service is provided by means of a computer and telecommunication system we make no warranties or representations that the service will be uninterrupted or error free.
You confirm and accept that no software including without limitation software supplied as part of or used to provide the Service is error free and if any errors, interruptions or viruses (save as expressly set forth in the Agreement) all conditions and warranties express or implied, by law or otherwise, (including but not limited to any conditions or warranties as to satisfactory quality or concerning the fitness of the Service or any part of that for a particular purpose) are excluded to the fullest extent permitted by law. No oral advice or written information given by us, our employees, agents, licensors or the like shall create a warranty nor shall you rely on any such information for advice.
4.2. Suspension of Service
We may stop the service without liability on our part, and with as much prior notice to you as reasonably possible (except in the case of paragraph (a), (c), (d), (e), (f) or paragraph (g) below in which case we may do so without prior notice):
(a)if necessary for operational reasons or for the purpose of carrying out work at our premises or maintaining or upgrading the Service or system; or
(b)if obliged to comply with an order, instruction or request of an emergency service organisation or a governmental or other competent authority; or
(c)if you owe any payment to us; or
(d)your package is costing us more than your monthly payment which you make to us; or
(e)we suspect non genuine users (including yourself) are clicking on your ads; or
(f)you unfairly threaten to report us to Google (or any other trading or licensing or governing body) which may jeopardise our long term business relations; or
(g)you demand 100% uptime when this cannot be achieved.
5: Limitation of Liability
Our entire liability and your only remedy for any claim for breach of duty, tort or breach of these terms and conditions, whether or not arising out of negligence, is limited to the fee paid by you for the Service from which the breach has arisen, in the three (3) months before the action or event giving rise to the liability.
In no event will we be liable to you for any indirect or consequential loss or damage whatever (without limitation for example loss of business, loss of opportunity, loss of profits) including as a result of disclosure of your username or password. This shall apply even where a loss was reasonably foreseeable or if we had been made aware of the possibility of you incurring a loss.
Our liability to you for fraudulent misrepresentation and for death or injury resulting from our own negligence or that of our employees’ or agents’ negligence while acting in the course of their duties shall not be limited.
In consideration of our provision of the service you shall pay to us the charges as follows:
Your GTS may start with a free trial. The free trial period of your membership lasts for two weeks, or as otherwise specified during sign-up and is intended to allow new customers and certain former members to try the service. You will be notified during sign-up whether you are eligible for a free trial.
We will bill your Payment Method for your monthly promotion fee at the end of the free trial period unless you cancel your promotion prior to the end of the free trial period and you will enter in to your first three (3) month contract for your promotion. You will be billed monthly on your anniversary date each month (as written in the relevant Welcome Email).
Any other payments due to us for the provision of the Service as given by us, all by the payment method selected by you and written in the Welcome Email or the relevant invoice sent to you b y us. Our service will be billed on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership and each month after the commencement of the Agreement. If the normal payment date is affected by a Saturday, Sunday or National Holiday; then payment will be taken on the last business day prior to the normal payment date.
If any invoice for the Service is unpaid we reserve the right to immediately suspend or cancel the Service (including any domain name registration). Suspension of Service will not remove your liability to pay any charges that are due and payable on your account at the date of termination. Cancelling a direct debit or Debit / Credit Card does not cancel the service and all outstanding payments will be owed. Also we will have the right to charge interest on any unpaid amounts at the rate of 3% over the then current Bank of England base rate. If you do not pay any charges we reserve the right to sell, rent and / or change the ownership of any domain names into our name without further notice to you. If the domain name is cancelled for non payment then it will become available to others for registration. If the domain name reverts to us then you may negotiate directly with us to regain the domain however we have no obligation to give the domain to you.
If you are in the United Kingdom you must add the applicable rate of VAT to all charges. In the rest of the European Union you must also add the applicable rate of VAT, unless you are VAT registered, in which case no VAT is payable providing you quote your VAT number. Outside the European Union no VAT is payable.
All amounts due to us under the Agreement are exclusive of value added tax. VAT shall apply and be added at the appropriate rate.
You agree that cancelling a direct debit does not cancel the service and where a direct debit has been cancelled for any reason you agree all payments will be taken from the credit or debit which you provided at the start of the agreement. 7: Term
The Agreement will become effective on the date the Service (as set out in the Welcome Email) is first provided and depending on any rights of termination set out in these terms and conditions shall continue for a period of not less than three (3) months.
Cancellation must be sent by Royal Mail recorded delivery to Suite 6, Victoria Hall, Barrow In Furness, Cumbria, LA14 1BX or can be emailed to email@example.com from your registered email address you provided us with (where you receive our invoices)
We shall have the right to end the Agreement by notice in writing to you if any of the following events occur: 7.2.1.
You fail to make any payment when it becomes due to us, or
The bandwidth used for traffic to and from the web site is exceeded beyond use considered acceptable by us and is deemed by us to affect the performance of other client websites. Notwithstanding any other remedies we may have under these terms and conditions or in law, if the acceptable bandwidth is exceeded, we may elect to charge you an extra monthly fee to be discussed with a sales consultant at the time, or
If you break any of your obligations under the Agreement.
If you end the agreement during the initial three (3) month period other than in accordance with clause 7.1, or because we have increased the charges or materially changed the terms of the Agreement to your detriment, or if the Agreement is ended under clause 7.4 below, you must pay us the applicable charges for the remainder of the three (3) month period.
Either party may end the Agreement or the service provided under it immediately by notice to the other if:
The other party commits a material breach of the Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so, or 7.4.2.
The other party commits a material breach of the Agreement which cannot be remedied under any circumstances, or
7.4.3. The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court makes an order to that effect, or
The other party ceases to carry on its business or substantially the whole of its business, or
The other party is declared insolvent, or convenes a meeting of or proposes to make any arrangement or similar composition with its creditors or a liquidator, receiver, administrative receiver, manager, trustee, or similar officer is appointed over any of its assets.
Any rights to end the Agreement shall be without prejudice to any other accrued rights.
On termination of the Agreement for any reason: we shall have the right immediately to remove any apparatus belonging to us from your premises; and all amounts owing for the Service shall be due and payable in full on demand whether or not then due and you shall have no right to withhold or set off such amounts; and we may delete all email, websites, and other data stored on the Service by you and re-use the email addresses, domain names and web spaces not held by you. We shall not exercise this right for six (6) weeks in the case of termination by us other than for breach by you and in such circumstances shall transfer any domain names held by you to another ISP subject to your payment of the relevant prevailing domain name transfer charge rate.
Upon the termination of the Agreement for any reason whatsoever: you shall promptly return to us all copies of all software relating to the Service in your possession; and we may cease to host your website with immediate effect; and each party shall on request promptly return any documents or papers relating to the other party (including any of the other party’s confidential information) which it then has in its possession or control.
Where a service issue arises during the initial set up period you may request a refund, however we reserve the right to provide a service extension or another product or to resolve the service issue as an alternative to providing a refund.
We reserve the right to charge for any extra services you have requested from us for your cancellation of service, including without limitation any services relating to web design for a temporary website, forwarding or transferring the service and providing backup whilst any such transfer is carried out.
We may assign or transfer the whole or any part of the Agreement at any time. You may not assign or otherwise transfer the Agreement or any part of it without written consent.
We will automatically renew your contract after the initial three (3) month period of the agreement unless you tell us in writing at least three (3) days before the end of the initial period instructing us to do otherwise. We will NOT notify you regarding this renewal closer to the date. Customers are advised they can select manual renewal up to 3 working days before your renewal date.8.2.
You agree in the event that we are not told at least three (3) days prior to the end of the initial three (3) month period of your wishes NOT to renew we will automatically renew the contract for a further three (3) months and continue to bill you for the service for the following 3 month period.
If payment is not received via this process (i.e. account details are no longer valid etc) prior to the end of the initial three (3) month, we will inform you via telephone, fax or letter and you agree that the invoice is to be paid prior to the end of the initial three (3) month period and that we reserve the right to pursue any outstanding invoice through the appropriate legal channels.
You agree that any package of ours purchased under promotion at a discounted price for the first year may be charged at the full price for all subsequent years at our discretion.
You agree that any package of ours purchased on a trial basis where the agreed term is less than three (3) months and we are not told at least three (3) days prior to the end of the initial trial period of your wishes not to renew we will automatically renew the contract for a further three (3) months and continue to bill you for the service. 8.6.
We will use our reasonable endeavours to make sure that your domain name, internet keyword or any other product comprising the Service will be automatically renewed after expiry of the initial Agreement period and will endeavour to make sure that the renewal is for a period covering the Agreement period.
Where a domain name is to be renewed we will automatically renew a domain(s) either as part of the overall package or as an individual domain. An annual renewal fee will be applicable as outlined in the renewal notice sent at least three (3) days prior to renewal.
Whilst we use all reasonable endeavours to make sure your domain name, internet keyword or any other product of ours is renewed at the relevant renewal date, you acknowledge that it is not possible for us to guarantee such renewal and that we shall not be liable for any failure to renew the domain name.
Sharps Media Group Limited often provides a personalised service. Once such a service has started the statutory cooling off period is non-applicable. This is in accordance with government legislation, for full details please see http://www.legislation.hmso.gov.uk/si/si2000/20002334.htm