TERMS & CONDITIONS
These terms and conditions shall apply to the Agreement between Tadcaster
Computer Services of Tadcaster, United Kingdom (“Tadcaster Computer Services”)
and, the individual or company applying for the provision of services by
Tadcaster Computer Services (“Customer”).
It is hereby agreed that:
In this Agreement, the following expressions shall have the following meanings:
“Clientware” means the equipment, cabling, systems and software provided by the
Customer in connection with the Services i.e. for co-location;
“Commencement Date” means the date upon which Tadcaster Computer Services
confirms acceptance of the Customer’s offer to pay for the Services in
accordance with these terms and conditions;
information which is identified as confidential or proprietary by either party
or the nature of which is clearly confidential or proprietary;
“Contract” means a contract for the provision of the Services which arises from
the acceptance by Tadcaster Computer Services of an Order and which shall be on
and subject to these terms and conditions;
“Domain Name Services” means the processing of Orders with the Relevant Naming
Authority on the Customers’ behalf and such additional services as may be agreed
between the parties;
“Duration Period” is the period commencing on the Commencement Date and expiring
on the date the Agreement is terminated in accordance with Clause 6 of these
the fees (including any VAT) due for the provision of the Services as calculated
in accordance with the Price List;
“Hardware” means the equipment, cabling and systems provided by Tadcaster
Computer Services in connection with the Services;
“Hosting Services” means the website hosting services provided by Tadcaster
material that under the laws of any jurisdiction where the material can be
accessed is any of the following:- unlawful, threatening, abusive, harmful,
malicious, obscene, pornographic, is deemed Unacceptable Adult Material,
profane, libellous, defamatory, breaches the rights (including without limit
IPRs) of any third party, constitutes or encourages a criminal offence or
contains a virus, worm, trojan horse or other harmful code;
“Intellectual Property Rights”
copyrights, patents, registered and unregistered design rights, topography
rights, trademarks and service marks and applications for any of the foregoing,
together with all trade secrets, know-how, rights to confidence and other
intellectual and industrial property rights in all parts of the world;
“Tadcaster Computer Services Website” any Website or micro site trading under
the Tadcaster Computer Services name;
text, graphics, images, sound, video or any combination thereof;
“Netiquette” means generally accepted standards for use of the Internet such as
but not limited to sending bulk unsolicited Email, mail bombing, misrepresenting
the holding of third party authorisation and impersonating another person;
means the Customers application for the Services through an Order Form or by
adding items to their shopping basket and proceeding to the checkout phase.
Completion by Customer indicates which Services it requires and its agreement to
these terms and conditions governing such provision;
“Price List” prices for each of the Services as available on the Tadcaster
Computer Services Website
laws relating to data protection and any laws governing Inappropriate Material;
the computer server equipment operated by Tadcaster Computer Services in
connection with the provision of the Services;
the services identified in an Order to be provided by Tadcaster Computer
Services to Customer including without limitation Domain Name Services, Hosting
Services,Servers, details of the requested Data Transfer, Hardware, Storage
Space and Software together with details of the Clientware pursuant to these
terms and conditions and any others specified by Tadcaster Computer Services on
“Software” means the computer software programs provided by Tadcaster Computer
Services in connection with the Services;
“Unacceptable Adult Material” includes any nudity, erotic images, sexually
oriented material, or sexual themes;
“Website” a website on the World Wide Web;
“Web Design Services” means the completion of a web design package as specified
on the Tadcaster Computer Services site in accordance to the information
supplied by the customer.
“Working Day” means a day other than a Saturday or Sunday on which the Clearing
Banks in the United Kingdom are open to the public for the transaction of
“Working Hours” means 9am – 5.30pm on each Working Day.
2. Payment and Services
2.1 In consideration for the payment of the Fees calculated correctly in
accordance with the prices shown on Tadcaster Computer Services Website at the
time of the completion of an Order by Customer or of placing of an Order by
Customer by telephone,fax or post, Tadcaster Computer Services agrees to provide
2.1.1 Domain names are registered for the period specified at the time of
ordering, and are renewable by Customer on or before the end of the initial
paid-for period, at the then current renewal rates, as published on Tadcaster
Computer Services Website from time to time, subject to Clauses 2.14, 10.3 and
2.1.2 Website hosting minimum period is 12 months, at the rate specified in
Tadcaster Computer Services price list as published on the Tadcaster Computer
Services Website from time to time.
2.1.3 Dedicated server/co-location minimum contract period is 12 months, at the
rate specified in Tadcaster Computer Services price list as published on the
Tadcaster Computer Services Website from time to time.
2.1.4 Where the Services are purchased with a monthly payment plan comprising of
a set up fee, this fee is payable immediately. Where a long term contract is
purchased, the set up fee is included within the total payment.
2.1.5 Where the Services purchased are based on a monthly payment plan, payment
is made by credit card initially, the Customer expressly authorises Tadcaster
Computer Services to charge recurring billing as appropriate, until the Customer
gives written notice otherwise to Tadcaster Computer Services and the credit
card company, or the Services end.
2.1.6 The volume of included data transfer is limited, depending on the chosen
Services (web hosting 500MB per month, all other services as agreed). The volume
of data transfer is the sum of all transfers resulting from the Customer’s
Services. If the Customer exceeds this volume then Tadcaster Computer Services
reserves the right to make additional charges for usage above the limit as
stated at its then prevailing charge rate (Â£0.01 per MB (Megabyte)). Tadcaster
Computer Services will endeavour to let the Customer know if its data transfer
use exceeds the agreed level, however it is the Customer’s responsibility to
monitor the data transfer being used by it from time to time using the Control
2.1.7 Web design services apply at the rate specified to the package chosen on
the Tadcaster Computer Services price list as published on the Tadcaster
Computer Services Website at the time of purchase. Additional fees will be
applied if extra services are requested.
2.2 The Customer agrees to make payment for the Services as follows:
by debit or credit card payment at the time of making the order or renewal; or
at Tadcaster Computer Servicess’ discretion payment may be made by cheque in
Pounds Sterling for domain name registration/web hosting/dedicated
servers/co-location if specially agreed beforehand. No Service will commence or
be processed until full payment has cleared.
2.3 If Customer fails to pay any invoice which is due and payable under this
Agreement, Tadcaster Computer Services shall be entitled to charge interest on a
daily basis on the overdue amount and on outstanding interest from the date of
such failure until payment (until judgment) at an annual rate 4% above the base
rate for the time being in force of Barclays Bank plc.
2.4 Non-delivery or non-performance of services by any third party other than
Tadcaster Computer Servicess’ sub-contractors shall not give Customer any right
to delay any payment to Tadcaster Computer Services or to make any claim
whatsoever against Tadcaster Computer Services.
2.5 The Customer acknowledges that the provision of the Services is conditional
on Tadcaster Computer Services receiving payment of the Fees in full. In the
event of non payment of Fees or suspected fraudulent activity in relation to
payment of Fees by the Customer, Tadcaster Computer Services reserves the right
forthwith to withhold, suspend or cancel the Services without further obligation
to Customer. Domain names, once registered, are unable to be cancelled or
2.6 The terms of the Contract contain the whole agreement between Tadcaster
Computer Services and the Customer in relation to the Services, Hardware and
Software detailed in the Order thereto. All other understandings, agreements,
warranties, conditions, terms or representations, whether express or implied,
statutory or otherwise, are excluded to the fullest extent permitted by law.
2.7 If the Customer requires any variations or additions to the Services,
Hardware and/or Software or Clientware to those set out in an agreed Order then
the parties may agree a new Order superseding the existing Order.
2.8 Tadcaster Computer Services reserves the right at any time and from time to
time to amend, improve or correct the Services, Software and/or Hardware (or any
part thereof) provided that such modification does not materially affect them.
This includes the right to substitute the Hardware with Hardware of similar
specification, where necessary. Tadcaster Computer Services shall endeavour to
give the Customer reasonable notice of such modifications but this may not
always be possible and Tadcaster Computer Services shall not be liable to the
Customer or to any third party for any such modification or any failure to give
2.9 Where Clientware is located at the property of Tadcaster Computer Services
or any associated group company, Tadcaster Computer Services shall, upon
arrangement of an appointment during Working Hours, allow the Customer
reasonable access to the Clientware.
2.10 Tadcaster Computer Services shall use its reasonable endeavours to provide
the Services in accordance with the desired launch date however time of
provision of the Services shall not be of the essence. Tadcaster Computer
Services shall notify the Customer when it has installed the Services and the
Customer shall (as soon as reasonably practicable and in any event within 2
Working Days) review and assess the Services against the Agreed Service Levels
set out in the Order. If the Customer reasonably considers that the Services do
not meet the Agreed Service Levels then it shall immediately notify Tadcaster
Computer Services and provide details of the same. Tadcaster Computer Services
shall use its reasonable endeavours to rectify any failure of the Services to
meet the Agreed Service Levels (except where such failure is due to the
occurrence of any Suspension Event as defined below) as soon as reasonably
practicable whereupon it shall notify the Customer which shall reassess the
Services as above. If the Client does not notify Tadcaster Computer Services
within 2 Working Days of installation or (where Tadcaster Computer Services
rectifies the Services) notification of completion of rectification of the
Services then the Customer shall be deemed to have accepted the Services and the
Services shall be deemed to meet the Agreed Service Levels as at the date of
installation or rectification.
2.11 Tadcaster Computer Services reserves the right at its sole discretion to
suspend the Services (temporarily or permanently) on the occurrence of any
unscheduled maintenance or any of the following (each of the following shall be
a “Suspension Events”): (i) Notified Maintenance; (ii) issue by any competent
authority of an order which is binding on Tadcaster Computer Services and which
affects the Services; (iii) if the Customer fails to pay any amounts due under
the Contract when they are due; (iv) if any events occur which would entitle
Tadcaster Computer Services to terminate the Contract; (v) the Data Transfer
used by the Customer in relation to the Services exceeds the agreed level and
Tadcaster Computer Services determines in its sole discretion that such
suspension is necessary to protect all and any Internet solutions provided by
Tadcaster Computer Services from time to time; or (vi) failure or deficiencies
in the Clientware.
2.12 For the purposes of this Agreement, time of payment is of the essence.
2.13 All transactions are subject to UK VAT at the rate of 17.5%.
2.14 All prices may be increased subject to the base rate of inflation as
calculated by the Bank of England. Customers will be given one months notice of
any price changes.
3.1 Customer hereby agrees fully to indemnify, keep indemnified and hold
harmless Tadcaster Computer Services, its officers, employees, agents,
sub-contractors and affiliated companies from and against any and all costs,
claims, losses, damages and expenses (including, but not limited to, legal fees)
sustained or incurred by Tadcaster Computer Services or its any of its officers,
employees, agents, sub-contractors or affiliated companies directly or
indirectly and in any jurisdiction as a result of:
3.1.1 any breach of any of the warranties given by Customer in this Agreement;
3.1.2 otherwise howsoever arising out of the provision by Tadcaster Computer
Services of any Service hereunder unless on account of breach of contract or
negligence by Tadcaster Computer Services; and/or
3.1.3 any breach by Customer of any of its obligations in this Agreement.
4. Customer Authorisation and Obligations
4.1 Customer hereby appoints Tadcaster Computer Services to act on its behalf in
conjunction with the provision of the Services.
4.2 Customer acknowledges and accepts that to enable Tadcaster Computer Services
properly to provide the Services it must co-operate with Tadcaster Computer
Services as required by Tadcaster Computer Services and, in particular:-
4.2.1 ensure that all its communication details which are provided to Tadcaster
Computer Services are at all times true, current, accurate and complete and the
Customer shall promptly notify Tadcaster Computer Services of any such
alterations thereto from time to time and the Customer acknowledges that
Tadcaster Computer Services shall not be liable for any costs, damages or loss
which the Customer may suffer or incur as a result of failure to notify such
changes to Tadcaster Computer Services.
4.2.2 obtain the consent of individuals whose personal data are to be held on a
domain name register or are otherwise provided to Tadcaster Computer Services.
4.3 The Customer agrees that it shall:
4.3.1 immediately notify Tadcaster Computer Services if it becomes aware of any
unauthorised use of all or any of the Services, Software, Clientware and/or
4.3.2 not use the Services, Software, Clientware and/or Hardware or allow them
to be used for any unlawful purpose or for the publication, linking to, issue or
display of any Inappropriate Material whether under English law or regulation,
the laws or regulations of the Customer country or any other place where the
results of such purpose or such material can be accessed;
4.3.3 not use the Services, Software, Clientware and/or Hardware or allow them
to be used for the publication, linking to, issue or display of any material
which in the absolute discretion of Tadcaster Computer Services may harm
Tadcaster Computer Services or any of its Customers or bring Tadcaster Computer
Services into disrepute or may call into question any action taken by Tadcaster
Computer Services on the Customer’s behalf;
4.3.4 not use the Services, Software, Clientware and/or Hardware or allow them
to be used in breach of good Netiquette practices;
4.3.5 remove or prevent access to any material which is hosted on any of the
Hardware and/or Clientware and which causes or is likely to cause the Customer
to be in breach of the Contract;
4.3.6 ensure that it has all necessary consents, permissions and licences to
make use of the Services including without limit registration under the Data
Protection Act 1984 and 1998;
4.3.7 not provide any technical or other information obtained from Tadcaster
Computer Services and/or relating to the Services, this Agreement or the
Contract to any person, company, firm or government which the Customer knows or
ought reasonably be aware may directly or indirectly lead to a breach of any
English law or regulation;
4.3.8 not, in breach of good Netiquette practices, use any service provided by
any third party (including without limit an Internet web site and/or Email) for
the publication, linking to, issue or display of any material which refers to an
Internet web site hosted by Tadcaster Computer Services or any other services
offered by Tadcaster Computer Services from time to time;
4.3.9 ensure that all material or data hosted by Tadcaster Computer Services on
any web site operated by the Customer from time to time or communicated through
such site or using the Clientware, Hardware and/or Software is checked for
viruses and other harmful code;
4.3.10 be responsible for keeping regular back ups of all material and data
hosted by Tadcaster Computer Services on any web site operated by the Customer
from time to time using the Clientware, Hardware and/or Software;
4.3.11 ensure that all passwords are at all times kept confidential, used
properly and not disclosed to unauthorised people and if the Customer has any
reason to believe that any password has become known to someone not authorised
to use it or if any password is being or is likely to be used in an unauthorised
way or of any other breach of security then the Customer shall inform Tadcaster
Computer Services immediately;
4.3.12 be entirely liable for all activities conducted and charges incurred
under its passwords whether authorised by it or not and the Customer
acknowledges that Tadcaster Computer Services shall not be liable for any loss
of confidentiality or for any damages arising from the Customer to comply with
4.3.13 not use any part of the Tadcaster Computer Services premises except as is
reasonably necessary to inspect and maintain the Clientware and the Customer
shall ensure that such part is kept in good condition and is returned to its
original condition upon any termination of any contract for the provision of
4.3.14 not, whilst present at any Tadcaster Computer Services premises, do
anything which may be dangerous, nuisance, inconvenience or disturb any
Tadcaster Computer Services personnel or other Tadcaster Computer Services
clients and the Customer shall abide by all health and safety and other policies
as Tadcaster Computer Services may notify to the Customer from time to time in
relation to any such premises;
4.3.15 not use the Services in a manner which infringes a third party’s
copyright or other intellectual property rights of whatsoever nature;
4.3.16 not use the Services in any way that leads to a risk of or causes an
excessive load on the server/network provided by Tadcaster Computer Services in
connection with the Services
4.4 The Customer acknowledges that in order to make proper use of the Services
it should have a basic knowledge of how the Internet functions and what types of
use are and are not acceptable. The Customer recognises that the use of the
dedicated servers and the co-location Services requires an essential knowledge
of matters such as, without limitation, system administration and the languages,
software and protocols of the internet. The Customer acknowledges that Tadcaster
Computer Services shall have no obligation to: a) manipulate any material which
the Customer wishes to and/or does post on any web site it operates or any
communication which it issues or sends in connection with any of the Services;
or b) validate or vet such material for usability, legality, content or
4.5 The Customer warrants, represents and undertakes that the use of the
dedicated servers and the co-location Services requires the knowledge referred
to in clause 4.4. and accepts that it is not the responsibility of Tadcaster
Computer Services to ensure that the Customer has such knowledge or to provide
such knowledge or support or assistance and that any assistance that may be
given is offered purely on a goodwill basis unless otherwise agreed in writing
with Tadcaster Computer Services.
5. Tadcaster Computer Services Warranties and Liability
5.1 Tadcaster Computer Services makes no warranties or representations that any
Service will be uninterrupted or error-free. Customer accepts all Services
provided hereunder “as is” without warranty of any kind.
5.2 All implied conditions, warranties and terms (whether express or implied by
statute, common law, custom or otherwise) – excluding those relating to the
exercise of reasonable care and skill, fitness for purpose and satisfactory
quality (where applicable) – are hereby excluded in relation to each of the
Services to be provided hereunder to the fullest extent permitted by law.
5.3 Tadcaster Computer Services shall not be liable for any services or products
to be supplied by any third party.
5.4 Tadcaster Computer Services shall not be liable for any loss or damage of
whatsoever nature suffered by Customer arising out of or in connection with any
breach of this Agreement by Customer or any act, misrepresentation, error or
omission made by or on behalf of Customer.
5.5 Tadcaster Computer Services disclaims all liabilities in connection with the
5.5.1 loss of material uploaded;
5.5.2 incompatibility of the site with any of the Customer’s equipment, software
or telecommunications links;
5.5.3 technical problems including errors or interruptions of the site;
5.5.4 unsuitability, unreliability or inaccuracy of the site.
5.6 Tadcaster Computer Services is not responsible for any delay, malfunction,
non performance and/or other degradation of performance of any of the Services,
Hardware or Software caused by or resulting from any alteration, modification
and/or amendments due to changes and specifications requested or implemented by
the Customer whether or not beyond those already supplied.
5.7 Subject to Clauses 5.8 and 5.9 below, no matter how many claims are made and
whatever the basis of such claims, Tadcaster Computer Servicess’ maximum
aggregate liability to Customer under or in connection with this Agreement in
respect of any direct loss (or any other loss to the extent that such loss is
not excluded by Clauses 5.1-5.5 above, or otherwise) whether such claim arises
in contract or in tort shall not exceed a sum equal to twice the Fees paid by
Customer pursuant hereto.
5.8 None of the clauses herein shall apply so as to restrict liability for death
or personal injury resulting from the negligence of Tadcaster Computer Services,
its employees or its sub-contractors.
5.9 This does not affect your statutory rights as a consumer, including those
set out in Clause 8 below.
6.1 Tadcaster Computer Services may terminate this Agreement by notice in
writing to Customer having immediate effect if:
6.1.1 Customer is in breach of any of its obligations under this Agreement;
6.1.2 Customer is a company and a resolution is passed for its winding up or a
petition for its liquidation is presented; or
6.1.3 Customer is an individual and a petition for bankruptcy is presented
against it; or
6.1.4 A receiver or liquidator (where Customer is a company) or (where Customer
is an individual) a trustee in bankruptcy is appointed over it or any of its
6.1.5 Customer proposes or enters into any arrangement or composition with or
for its creditors (including any voluntary arrangement).
6.2 In the event that any of the circumstances identified in Clause 6.1 arises,
Tadcaster Computer Services shall have the option to terminate this Agreement as
regards all Services provided or to be provided or only as regards that Service
or those Services in respect of which the breach is considered by Tadcaster
Computer Services to have been committed; and
6.3 In the event that any of the circumstances identified in Clause 6.1 arises,
Tadcaster Computer Services shall be entitled to retain any sums paid to it by
Customer hereunder and recover any sums due to it pursuant hereto whether
invoiced or not at the date of termination.
7.1 Each of the parties agrees (subject to Clauses 7.2 and 7.3) not to:
7.1.1 disclose any Confidential Information received from the other party; or
7.1.2 make any use of any such Confidential Information other than for the
purposes of performance of this Agreement.
7.2 Each party may disclose Confidential Information received from the other to
its responsible employees, consultants, sub-contractors or suppliers who need to
receive the information in the course of performance of this Agreement.
7.3 The confidentiality obligations under Clause 7.1 shall not apply to any
7.3.1 is or subsequently becomes available to the general public other than
through a breach by the receiving party; or
7.3.2 is already known to the receiving party before disclosure by the
7.3.3 is developed through the independent efforts of the receiving party; or
7.3.4 the receiving party rightfully receives from a third party without
restriction as to use.
8. Cancellation by Customer
8.1 Where a Customer is deemed to be a “consumer” for the purposes of the
Consumer Protection (Distance Selling) Regulations 2000 or any reenactment
thereof, he/she has the right to cancel an order, within 7 days of placing the
order, by giving notice in writing to Tadcaster Computer Services, subject to
the following provisions:
8.1.1 orders for registration of domain names may not be cancelled after the
domain name has been registered with the appropriate registrar;
8.1.2 orders for renewal of domain names may not be cancelled after Tadcaster
Computer Services has submitted the renewal request to the appropriate
8.1.3 in the event of cancellation of a dedicated server/co-location Order by
the Customer within 7 days of placing the Order, the Customer remains obliged to
pay the set-up fee for the Services;
8.1.4 in the event of cancellation or termination by the Customer part way
through the minimum contract period, the Customer remains obliged to pay for the
Services for the entire minimum period under Clause 2.1.
8.2 In the event of a cancellation of an order by Customer, under the terms of
this provision, Tadcaster Computer Services undertakes to refund any monies paid
within 30 days of cancellation.
8.3 Customers have the right to cancel orders for web design services at any
point during the process. Instructions for cancellation must be made in writing.
The 30% deposit will remain non-refundable and additional charges will be
applied for work already undertaken
9.1 Subject to Clause 9.2, this written Agreement together with the Schedules
hereto and any other expressly incorporated document constitute the entire
agreement between the parties hereto relating to the subject matter hereof.
Nothing in this Clause 9.1 shall relieve either party of liability for
fraudulent misrepresentations and neither party shall be entitled to any remedy
for either any negligent or innocent misrepresentation except to the extent (if
any) that a court or arbitrator may allow reliance on the same as being fair and
9.2 No change, alteration or modification to this Agreement shall be valid
unless in writing and signed on behalf of both parties hereto.
9.3 If any provision of this Agreement or part thereof shall be void for
whatever reason, it shall be deemed deleted and the remaining provisions shall
continue in full force and effect.
9.4 The rights and obligations of Customer under this Agreement are personal to
Customer and Customer undertakes that it shall not, without the prior written
consent of Tadcaster Computer Services, assign, lease, charge, sub-license, or
otherwise transfer such rights and obligations in whole or in part.
9.5 Tadcaster Computer Services reserves the right to sub-contract any of the
work required to fulfill its obligations hereunder.
9.6 The Customer agrees and acknowledges that domain names parked on the
Tadcaster Computer Services system which are not using the free web forwarding
service will display an Tadcaster Computer Services holding page and that said
page may incorporate advertising banners from time to time.
9.7 Neither party shall be liable for any loss suffered by the other party or be
deemed to be in default for any delays or failures in performance hereunder
(other than in relation to payment) resulting from acts or causes beyond its
reasonable control as detailed in clause 15.
9.8 Any delay or forbearance by either party in enforcing any provisions of this
Agreement or any of its rights hereunder shall not be construed as a waiver of
such provision or right thereafter to enforce the same.
9.9 Clause headings have been included in this Agreement for convenience only
and shall not be considered part of, or be used in interpreting, this Agreement.
9.10 Unless otherwise stated, all rates quoted are exclusive of value added tax
at the standard rate.
9.11 This Agreement shall be governed by the laws of England and the parties
submit to the to the exclusive jurisdiction of the Courts of England and Wales.
10. Domain Name Registration
10.1 Customer recognises and accepts that:
10.1.1 Tadcaster Computer Services reserves the right to reject any request by a
Customer to register any particular domain name or to discontinue processing
such a request if Tadcaster Computer Services considers such application might
expose Tadcaster Computer Services to legal or other proceedings.
10.2 Subject to Clause 12, the extent of Tadcaster Computer Servicess’ service
in relation to the registration of domain names is:
10.2.1 to forward Customer’s application to the appropriate Registry;
10.2.2 to provide administrative support in securing the registration;
10.2.3 to notify Customer of the outcome of the application.
10.3 Subject to using its reasonable endeavours to contact Customer prior to the
domain name registration renewal date(s) at the e-mail address most recently
provided by Customer pursuant to Clause 4.2.1, Tadcaster Computer Services will
have no involvement in, or responsibility for Customer’s use or retention of a
domain name once registered;
10.4 For the avoidance of doubt and in addition to the provisions of Clause 5
above, in no circumstances will Tadcaster Computer Services be liable to
Customer for any loss of profit, business or anticipated savings suffered by
Customer on account of a failure to obtain or loss of a domain name;
10.5 Tadcaster Computer Services makes no warranty or representation of any kind
in relation to the likelihood or otherwise of a particular domain name
application being successful because domain name registries retain the right at
their discretion to register or refuse to register a domain name applied for by
Tadcaster Computer Services on behalf of Customer;
10.6 Customer’s use of the domain name once registered may be challenged by a
third party; if so, or if any other dispute arises the procedures laid down by
the relevant registry will apply and these may include the suspension or
revocation of a Customer’s application for a domain name or the registration of
a domain name allocated to Customer to a third party and Tadcaster Computer
Services will have no responsibility or involvement in relation thereto;
10.7 It is Customer’s responsibility to pay any and all renewal charges to the
relevant registry in respect of each domain name registered by Tadcaster
Computer Services on Customer’s behalf;
10.8 Domain names are registered on a first come, first served basis;
10.9 The registration of a domain name does not confer any legal rights to a
name or its use and any disputes between Customer and a third party are to be
settled using normal legal methods. Tadcaster Computer Services will not be
drawn into any such argument or dispute in any circumstances;
10.10 An application for the registration of a domain name cannot be treated as
having been successful until Customer has been notified by Tadcaster Computer
Services in writing to this effect by email or otherwise.
10.11 Tadcaster Computer Services will notify Customer as soon as is reasonably
possible after the registration of a domain name has been effected and Customer
shall be responsible for visiting Tadcaster Computer Servicess’ Website on
receipt of such notification in order to verify that the domain name has been
registered correctly and for notifying Tadcaster Computer Services immediately
if there is any error.
10.12 Customer is advised not to take any action in respect of a requested
domain name until it has carried out its obligations under Clause 10.15 and
satisfied itself that such domain name has been correctly registered.
10.13 The relevant domain name registry will include the names of the Customer
and the administrative contact and other details relating to them. This
information (if it refers to individuals) is ‘personal data’ for the purposes of
data protection legislation. Tadcaster Computer Services may allow other
organisations and members of the public to access the data for the purpose of
obtaining information about the registration of the domain name or any other
related purpose. Changes to this data once it has been entered into the relevant
registry will incur a Â£20.00 + VAT administration fee.
10.14 By releasing a domain name registered by Tadcaster Computer Services to
another server/host the Customer terminates this Agreement between Tadcaster
Computer Services and Customer and agrees to abide by the terms & conditions
laid out by the receiving host/server.
10.15. Customer warrants to Tadcaster Computer Services that:
10.15.1 all information provided by Customer to Tadcaster Computer Services is
true and correct, and that any additions or alterations thereto in the future
will also be true and correct;
10.15.2 it has the legal right to apply for and use the domain name(s) as a
Website and/or email address; and
10.15.3 the domain name(s) and its use as a Website and/or email address does
not and will not infringe the Intellectual Property Rights or any other rights
of a third party.
10.16 Customer acknowledges that the application process, registration and
subsequent use of any domain name will be subject to the rules and policies from
time to time of the relevant registry and Customer agrees to abide by all such
rules and policies. Accordingly, Customer undertakes to read those rules and
policies before applying for a domain name (copies are generally available from
the relevant registry’s Website and are available from Tadcaster Computer
Services by fax or post on request).
10.17 If Customer’s application for a particular domain name is rejected,
Tadcaster Computer Services will return to Customer any payments received in
respect of that application.
10.18 The initial registration fee is to secure the domain name(s) and pay the
relevant NIC bodies (e.g. Nominet) administration fees only, and does not
include any form of web hosting.
11. Web Hosting (including web forwarding)
11.1 All Material which a Customer wishes to post on a Website will be in a
condition which shall be “server-ready” and which requires no additional
manipulation on the part of Tadcaster Computer Services. Tadcaster Computer
Services shall be under no obligation to validate such Material for content,
correctness, legality or usability.
11.2 Customer recognises that using Tadcaster Computer Servicess’ Website
hosting services requires a certain level of knowledge on Customer’s part in the
use of Internet languages, protocols and software. The following examples are
11.2.1 Web Publishing: requires a knowledge of HTML, properly locating and
linking documents, FTPing Web contents, graphics, sound, text, imagemapping etc.
11.2.2 CGI scripts: requires a knowledge of the UNIX environment, Telnet, TAR
and GUNZIP commands, Perl, CShell, permissions etc.
11.3. Customer warrants that it has the necessary knowledge referred to in
Clause 11.2 above and acknowledges that it is not the responsibility of
Tadcaster Computer Services to provide such knowledge or to provide customer
support unless otherwise agreed in writing with Tadcaster Computer Services.
11.4 Customer acknowledges and accepts that it bears sole responsibility, legal
and otherwise, for the content of all Material appearing on its Website. For the
avoidance of doubt, this clause shall apply to all Material, whether posted on
Customer’s Website by or on behalf of Customer (whether by Tadcaster Computer
Services or a third party).
11.5 Customer warrants, represents and undertakes in relation to all Material
11.5.1 it is not Inappropriate Material;
11.5.2 Customer either has sole ownership of all Intellectual Property Rights in
such Material in each jurisdiction from which the Website may be accessed and/or
has obtained full and effective licence(s) from all relevant third parties
allowing Customer or a third party acting on behalf of Customer to use the
Material and to permit its dissemination worldwide;
11.6 Customer undertakes not to link to any Inappropriate Material from its
11.7 Tadcaster Computer Services shall retain the right at all times to refuse
to post any Material and to suspend availability of the Website (including web
forwarding), place a prominent notice on the Website where an allegation of
defamation or Intellectual Property Right infringement is made by a third party
or place a link on the Website to another Website containing the alleger’s
version of events and/or to remove any Material already appearing on the Website
which in the opinion of Tadcaster Computer Services may under the laws of any
jurisdiction from which it is possible to access the relevant Website :
11.7.1 constitutes or would if posted constitute Inappropriate Material;
11.7.2 breaches or would if posted breach Relevant Legislation or any other
applicable regulations, standards or codes of practice (notwithstanding that
compliance may not be compulsory); and/or
11.7.3 harms or would if posted harm the reputation of Tadcaster Computer
Services in any way.
11.8 Tadcaster Computer Servicess’ rights to suspend availability of Customer’s
Website and/or remove content under Clause 11.7 above shall be without prejudice
to Customer’s sole responsibility for content of the Website under Clause 11.4
and to the warranties given by Customer relating to that content in Clause 11.5.
11.9 Posting of Material by Tadcaster Computer Services on the Website shall not
under any circumstances constitute a waiver of any of its rights in relation to
such Material or of its rights in relation to any breach of Customer’s
obligations under this Agreement.
11.10 Customer undertakes not to embark on any course of action, whether by use
of its Website or any other means, which may cause a disproportionate level of
Website activity without providing at least seven day’s prior notice in writing
to Tadcaster Computer Services.
12. Web Design
Customer recognises and accepts that:
12.1 Submission of a completed order form and payment of the 30% non-refundable
deposit signifies the customer has entered into a binding contract with
Tadcaster Computer Services for design services. This contract excludes any
additional services the customer has purchased from Tadcaster Computer Services
in relation to domain name registration, hosting packages or dedicated servers
12.2 Additional services requested after the form has been submitted, not
included on the original form or not part of the package detailed on the
Tadcaster Computer Services website will be quoted for as requested and charged
12.3 It is the customer’s responsibility to give clear instructions to Tadcaster
Computer Services and all necessary information on the order form. The customer
must ensure that all the information is complete and accurate. This includes all
content and information to be included in the web site. Any changes to the
specifications on the submitted order form or to the content submitted prior to
the completion of the design by Tadcaster Computer Services may incur additional
12.4 Customers will be required to pay a 30% non-refundable deposit for the
12.5 Tadcaster Computer Services will only commence work on the customer’s site
once ALL the required content (both text and images) and a non-refundable
deposit for the work have been received.
12.6 Once the design work has been completed in accordance with the agreed
specification defined by Tadcaster Computer Services and the customer or more
than six months have passed since commencement of the service the customer will
be charged the remaining 70% of the design fee. Payment can be made via cheque
or credit card.
12.7 Any descriptions or illustrations contained in Tadcaster Computer Services
catalogues, brochures, leaflets, correspondence or on its web site are issued or
published for the sole purpose of giving an approximate idea of the relevant
projects and websites that we can create. They will not form part of the
12.8 If the customer wishes to cancel the web design service once the order form
and 30% deposit have been accepted the web design service will be cancelled but
the deposit will remain non-refundable unless otherwise stated by Tadcaster
Computer Services. Please note that cancellation of any part of the service is
permissible at any time. Cancellation instructions should be submitted in
writing to Tadcaster Computer Services, 28 Ashliegh Meadows, Newry. BT34 5RN.
12.9 Tadcaster Computer Services will make reasonable efforts to ensure that
details provided relating to website packages are adhered to, but reserves the
right to make minor alterations without notice to the customer where necessary,
and this shall not constitute breach of the Contract.
12.10 Any modifications customers require after the finished web design is
handed over to the customer must be made in writing or by email. Customers will
incur a maintenance fee for any changes.
12.11 Invoices may include any fees or expenses that were authorised verbally in
order to expedite a project.
12.12 Tadcaster Computer Services shall not be held liable for any incidental or
consequential damages which arise from the failure to perform any aspect of the
project in a timely or acceptable manner, regardless of whether such failure was
caused by intentional or negligent acts or omissions of Tadcaster Computer
Services or a third party.
13. E-mail Services (including e-mail forwarding)
13.1 Customer undertakes that it will not (and will ensure that others under its
control will not) via e-mail:
12.1.1 transmit Inappropriate Material;
13.1.2 infringe the Intellectual Property Rights of any third party;
13.1.3 make use of the Server to an extent or in a manner which in Tadcaster
Computer Servicess’ reasonable opinion is excessive, wasteful or otherwise to
the detriment of Tadcaster Computer Services, any of Tadcaster Computer
Servicess’ customers or any other third party, including but not limited to:-
126.96.36.199 the transmission of spam e-mail; or
188.8.131.52 the transmission of insulting criticism or remarks intended to incite
13.2 When sending e-mail, Customer acknowledges that it is responsible for
complying with any Relevant Legislation.
13.3 Customer acknowledges that Tadcaster Computer Services is not responsible
for the security of the contents of e-mail sent or received by Customer.
13.4 Tadcaster Computer Services will use its reasonable endeavours to ensure
that messages are routed accurately and promptly but does not accept any
liability for non-receipt, non-delivery or misrouting of e-mail or any other
failure of the e-mail system.
13.5 Tadcaster Computer Servicess’ policy is to respect the privacy of e-mail
messages sent, received forwarded or otherwise dealt with by it and Customer
acknowledges that Tadcaster Computer Services 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 Tadcaster Computer Servicess’ rights and/or
14. Intellectual property rights and licence agreement
14.1 All IPRs relating to the Services, Hardware and/or Software including
without limit any Internet Protocol Addresses assigned to the Customer are and
shall remain the property of Tadcaster Computer Services. Tadcaster Computer
Services reserves the right to change the Internet Protocol Address assigned to
the Customer at any time, however Tadcaster Computer Services shall endeavour to
give reasonable notice of the change and shall use reasonable endeavours to
reduce disruption to the Customer resulting from such changes.
14.2 Title to the Hardware and Software (both legal and equitable) is and shall
at all times remain with Tadcaster Computer Services and the Customer shall keep
the Software and Hardware free of all liens, encumbrances and charges and
protect it from any and all judicial process.
14.3 Tadcaster Computer Services grants to the Customer a non-exclusive
non-transferable licence to use the Software on the Hardware and/or Clientware
and in conjunction with the Services and except as provided for in the Contract
the Customer is not permitted to sub-licence any rights granted under the
Contract to any third party. The Customer agrees that it will not itself, or
through a third party:
14.3.1 copy the Software, except as is necessary to install on Hardware and for
internal, archiving purposes. In the event that the Client makes any copies of
the Software, the Client shall reproduce all proprietary notices on such copies;
14.3.2 reverse engineer, decompile, disassemble or otherwise attempt to derive
source code from the Software;
14.3.3 sell, lease, license, transfer or sublicense the Software or associated
14.3.4 write or develop any derivative or other software programs based, in
whole or in part, upon the Software or any confidential information.
15. Risk and Title
15.1The Customer acknowledges that the allocation of risk in any Equipment shall
pass to the Customer.
15.2 The Customer acknowledges that with relation to dedicated servers Tadcaster
Computer Services shall retain ownership of the Equipment for the Duration
Period of this Contract.
16. Force Majeure
16.1 If Tadcaster Computer Services is prevented or delayed in or from
performing any of its obligations under these terms and conditions or the
Contract due to circumstances beyond its control such as but not limited to
governmental acts, war, riots, strikes or trade disputes (including by and with
our own employees), technical failure, general availability of the Internet,
power failure, communications failure, weather, flood, fire or explosion,
natural or local emergency Tadcaster Computer Services shall not be liable for
This Agreement does not affect your statutory rights.