Praeparo Ltd.
 

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Praeparo Ltd. terms and conditions

Unless otherwise stated the following definitions apply to this document:
- "We" & "Us" includes Praeparo Ltd., United Kingdom.
- "You" & "Customer" includes the person purchasing the Services or any party acting on the customers instructions.
- "The Registrant" includes the person applying for a domain name or any party acting on the Registrants instructions.
- "The Registry" the relevant domain names Registry.
- "Server" means the computer server equipment operated by us in connection with the provision of the Services.
- "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.

The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.

1. Domain Name Registration

1.1. We make no claim 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 has or they have been registered.
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 any refusal to register a domain name by the relevant registration authority.
1.4. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
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.
1.7 We shall not release any free domain we have provided to another provider until minimum 6 months hosting has been paid.

2. Web Site 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 Server.
2.2. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes and to promptly inform us if this clause or any sub clause of this clause has been breached or you become aware that they may have been breached. 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 transmit:
2.2.2.1. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
2.2.2.2. any material containing a virus or other hostile computer program.
2.2.2.3. 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.
2.2.2.4. You do not install any of the following scripts on our server:
- UltimateBBS / UBB
- IkonBoard
- All versions of YABB forum
- Anonymizer and all other proxy scripts
- IRC scripts
- Chat rooms not included as standard in the cPanel
- phpShell and similar command execution scripts
- Webmail and eGallery modules of PHP-Nuke
- 'Matts' FormMail
- phpSitemapNG
2.2.2.5. Hosted websites must only be written in the English langauage.
2.2.3. You will not send bulk email whether opt-in or otherwise from our network.
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 your site.
2.3. We reserve the right to remove any material which we deem inappropriate from your Web Site 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 but not limited to 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.
2.7. 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.
2.8. Any access to other networks connected to Praeparo Ltd. must comply with the rules appropriate for those other networks.
2.9. While we 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.
2.10. If you exceed the package usage limits for data transfer and disk per month, we reserve the right to charge you for the over usage based on our standard extra's charging structure.

3. Service Availability and Guarantee

3.1. We shall use our reasonable endeavours 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. Backups are made by us each day on an incremental basis, however, no guarantees are made of any kind as to the integrity of these backups. All customers are strongly advised to regularly download their backups from their control panel where zipped archive is provided daily of all account files and databases.
3.2. Guarantee
3.2.1. If within 12 calendar months of their being delivered any defect in the goods is discovered which is directly due to faulty materials or workmanship, the company will at its option remedy the defect or damage by replacement or repair or give a credit note to the customer to be utilised firstly against existing outstanding invoices and then future purchases within two months of the credit note date.
3.2.2. The guarantee will be subject to the following conditions:-
(i) It will not apply to any defect or damage resulting from any alteration or modification to the goods without the company's prior written consent, incorrect storage, normal wear and tear, overloading, misuse, abnormal conditions of use, incorrect installation by anyone other than the company, maintenance or repair not carried out by the company, use which is not in accordance with the company's or the manufacturer's instructions, any act or omission of the customer or any third party or any fault in any other goods or equipment.
(ii) The customer must complete and submit the company's Returns form in relation to any such defect or damage. If it appears to the company from the information submitted on the Returns form that such defect or damage is covered by the guarantee then the Company will confirm the goods in question maybe returned, subject to verification by the Company after inspection of the goods. Return confirmations issued by the Company are valid for 10 days from the date of issue. After this period the a new Returns form must be submitted.
(iii) Allegedly defective or damaged goods must be returned to the company carriage paid, together with their original packaging and all related manuals and accessories. Please ensure that the goods/parcels in question are both packaged in the appropriate fashion and clearly labelled with the relevant Return confirmation reference. Failure to do so may result in the products/parcels being refused at our Warehouse.
(vi) The guarantee will apply to goods replaced or repaired under the guarantee for the balance of the original guarantee period.
(vi) Unless the company otherwise decides, a credit note for use in accordance with clause 3.2.1 will only be given if the customer notifies the company of the alleged defect, damage or discrepancy within 3 days of the customer's receipt of the goods.

4. Payment

4.1. All charges payable by you for Products or Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted 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. Prices quoted are those current at the time of quotation and the price payable by the Customer shall be that which is current at the time of delivery to the Customer.
4.4. Payment is due each anniversary month or 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 Praeparo Ltd. to debit your account renewal fees from your card.
4.5. All payments must be in UK Pounds Sterling.
4.6. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
4.7. 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 but not obliged forthwith to suspend the provision of Services to you.
4.8. Website design and development requires 40% to be paid on agreement of the contact and prior to work starting. The remaining 60% is due on acceptance and prior to release to the live hosting environment.

5. Termination, Returns 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 fall due.
5.1.2. break any of these terms and conditions.
5.1.3. are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
5.2. No refunds will be made under any circumstances for Services suspended in accordance with 5.1.
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 hosting and maintenance 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 2 working days of receipt of your request.
5.5. During the first 14 days of hosting and maintenance Services You are entitled to a refund should You decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 14 days of service should You decide to cancel the Services.
5.5.1. Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances.
5.5.2. You will not be entitled to a refund on this basis if you have previously held an account with Praeparo Ltd..
5.6. Where payment has been made by credit or debit card any refund will be made to the same account.
5.7. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
5.8. Domain names provided free will not be released unless the hosting package has run for 6 months. These can be released for the standard Domain name price.
5.9. The customer shall not return any goods (except in accordance with 3.2) or cancel any orders without the company's previous written consent. Such consent will not be given where goods have been specially purchased by the company to meet the customer's requirements. If the company in its discretion gives consent, it reserves the right to make a cancellation charge of 25% (or such higher percentage as may be notified to the customer before or when such consent is given by the company) of the contract price of the goods concerned.

6. Indemnity

6.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and 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 any of the terms 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 to the extent applicable under UK law, subject always to sub clause 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 such claim.
7.4. In any event no claim shall be brought unless you have notified us of the claim within one month 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. Notices

8.1. Any notice to be given by either party to the other may be sent by either email, fax 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 fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

9. Non-Waiver

9.1 Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

10. Law

10.1. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.

11. Headings

11.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

12. External Links

12.1. The website provide links to other Internet sites for the convenience of users, and Praeparo Ltd. is not responsible for the availability or content of these external sites, nor does Praeparo Ltd. endorse, warrant, or guarantee the products, services, or information described or offered at these other Internet sites. Users cannot assume that the external sites will abide by the same Privacy Policy to which Praeparo Ltd. adheres.

13. Entire Agreement

13.1. 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 confirm that 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 Agreement.

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