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Payment Any payment over 45 days will be subject to 5% surcharge unless previously agreed. ** All agreements must be in writing and detailed on headed Digital Chilli Ltd note paper. Uk Law governs all Purchases from the customer to Digital Chilli Ltd. Your Statutory rights are not effected by this agreement. All services, equipment or software remain the property of Digital Chilli until payment in full has been received. Upon receipt of confirmation of order ( BY FAX . Email or Land Mail ) by Digital Chilli the customers excepts these terms and conditions. This agreement represents the complete agreement and
understanding between Digital Chilli Ltd. (hereinafter referred to as
"DC") and our Customer and supersedes any other written or oral
agreement. Upon notice published on-line DC may modify the terms and conditions
contained herein and may 1. SERVICE. DC, as an Internet World Wide Web service
provider, provides 2. USE OF SERVICE. This agreement hereby is intended for the use of only one web site. It is for the exclusive use of the Customer specifically named above and does not extend to any other person or entity. Customer may resell, if desired, to third parties but is responsible for the content and is bound by the terms under this agreement. 3. NO WARRANTIES. DC will utilize its best efforts to
maintain acceptable performance of the contracted services, but DC makes
absolutely no warranties whatsoever express or implied, including warranty
of 4. INDEMNIFICATION. Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ("Liabilities") against DC, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless DC against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with DC's server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on DC's Server. As a result of this, Customer agrees that DC shall not be liable to Customer for any claims of actual,compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of DC. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate pound sterling amount which Customer paid during the term of this Agreement. 5. DOMAIN NAME. DC will acquire, at the request of the
Customer, an Internet Domain Name on behalf of the Customer. In such case
the Customer hereby waives any and all claims which it may have against
DC for any loss, damage, claim or expense arising out of, or in relation
to, registration of such Domain Name in any on-line or off-line network
directories, membership lists or registration lists, or the release of
the 6. INVOICING AND SERVICE FEES. Invoicing for web site shall be as follows: Customer shall be billed in accordance with the above stated terms in advance, settlement of the invoice will be done by charging the client Credit/Debit Card or by Cheque on invoice. Payments of the service fee will be done upon inception (sign-up date). In the event that Customer shall fail to pay in advance for the services provided herein or in the event there shall exist any delinquency in the Customer's account then in such event DC reserves the right, in its sole, absolute and unfettered discretion, to terminate this agreement and discontinue service to Customer without notice or liability for actual compensatory or consequential damages to Customer for the interruption in service. DC shall be entitled to unilaterally terminate this agreement, in which case the provisions of paragraph 1,2, 3, 4, and 5 shall continue in full force and effect, and/or, at its sole discretion, DC may discontinue or suspend service to Customer until payment is made. Any service disconnection or suspension will result in the requirement of a re-connect fee which shall be the same as the set-up fee as described in the attached annex. Initial service and set-up fees shall be in accordance with the attached annex. All support inquiries are to be initiated via email to: support@digitalchilli.co.uk attn: technical support. DC will make a diligent effort to resolve any problems related to DC hardware or supporting software. Only once all email inquires have failed, will DC provide support via telephone. Service Charge: Customers will pay a late payment charge equal to 5% (or the highest amount permitted by law, whichever is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due. 7. 14 DAY-MONEY BACK GUARANTEE. The 14 day money-back shall apply only to the refund of the agreed upon monthly plan fees and shall exclude, without limitation, the refund of any or all set-up fees, service fees, transfer fees, domain registration fees, design/development fees, software purchase fees, and any promotional discounts, etc. ONLY web hosting monthly fees are refundable. Customers will be automatically charged non-refundable additional fees, in the event that the Customer is in excessive use of the agreed upon services, including but not limited to the use of additional bandwidth, file transfers in xcess of plan limits, mega bite space or the posting of adult material on Customer's web site. 8. CANCELLATIONS. All cancellation in accordance with the terms and conditions contained herein must be submitted in writing via registered mail . All Customer accounts must be paid in full before the transaction will be considered complete. 9. TAXES. Customer shall be responsible for paying all taxes of any nature which except for taxes on DC's income, irrespective of which party may be responsible for reporting or collecting such taxes. 10. MODIFICATIONS. DC reserves the right to make changes to any of the above terms and conditions of this agreement upon thirty (30) day written notice to Customer, advising of the change and the effective date thereof, but with changes in monthly service fees being effective only at the end of any calendar quarter for which Customer has already prepaid. The use of the service by the Customer following the effective date of such change shall be proof of acceptance by Customer of such change (s). 11. ENTIRE AGREEMENT AND SEVERALBILITY. This instrument
constitutes the entire agreement between the parties, and represents the
complete and entire understanding of the parties with respect to the subject
matter contained in this agreement. This instrument supersedes any other
agreement or understanding between the parties, whether written or oral.
In the event that any term or provision of this instrument is held by
a court of competent jurisdiction to be unenforceable, then the remaining
provisions of this instrument and the agreement which it evidences, shall
remain in full force and effect, IN WITNESS WHEREOF the parties hereto
intending to be legally bound hereby, and in consideration of the covenants
and agreements 12. RESTRICTIVE USE. The Customer may only use DC's
services for lawful purposes. In the event that at any given time, DC
believes that the service is being used by the Customer in contravention
with any of the terms and provisions contained in this Agreement, DC has
the right to immediately discontinue such service to Customer without
liability other than to refund any unearned prepaid service fees. The
following are a. Unauthorized distribution
or copying copyrighted software, violation of US export restrictions,
embarrassment, fraud, trafficking in obscene material, drug dealing, and
other illegal activities;
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