Terms & conditions

Definition of our terminology as used within this document:

1. A 'Project' is any work undertaken or service provided by Website Warrior for the client on their request and as described in our confirmation order email to that Client.

2. 'You' or 'Client,' is a person, persons, business or organisation using any of the services provided by Website Warrior

3. 'We' or 'us', means Website Warrior

4. 'Live Mode' means the date the website is available on the client's chosen domain.

5. 'Domain' is the website address as specified by the client

6. 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).

7. 'Hosting' is a yearly cost to keep a client’s website activated online

8. 'Content' is both text and images that the client requires on the website

9. 'mb' stands for megabytes and is a measure of storage space.

10. 'ContentWriter' is a copy writing service Website Warrior offer for a fee.

General

1. The contract between Website Warrior and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

2. The works to be carried out shall be as set out in the Website Warrior Ltd invoice which can be found attached to the confirmation order email.

Legalities, Copyright and Intellectual Property

1. Website Warrior shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client.Website Warrior reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.

2. Where images used on the website have been purchased by Website Warrior on behalf of the client, these images are restricted by license for use on the website only and are limited to 15 images per project. Website Warrior are not liable for misuse of these images by the client or any other person's copying,altering or distributing the images to individuals or other organisations

3. Website Warrior makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor's jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website's content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect

4. Website Warrior cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Website Warrior.

Paying for your project.

1. We charge for the design and development of websites at various stages.Before we start work, a 50% deposit of the total sum due is payable (the deposit). This is non refundable. When the websites design is approved by you and the home page is completed, a further 25% is due (design payment). The final 25% is payable when the website is complete and ready to 'go-live' (final payment) Your website will only be switched to 'live' mode when it has beenpaid for, in full. The initial deposit payment is non-refundable after Website Warrior has committed resource or completed research and/or design work on the client's behalf.

2. Website Warrior will charge 1.9% fee for all payments made using a credit or debit card. This fee is charged due to the costs incurred by Website Warrior for receiving such payments by our service provider. If this is not acceptable to the client, we also accept BACS and cheques as alternative payment methods which will incur no payment fees. If paying by cheque, please understand that we will have to allow the cheque to clear the banking system before starting or continuing with your project

3. Website Warrior own all design and code of the website until final payment has been received in full. On receipt of final payment full ownership of the site files are handed to the client, this includes all design, branding and code.

Communication

1. Email is our primary method of contact with regard to all communication for your websites design and development. We have website designers and developers working for us in various parts of the world, as well as here in the UK. Email is obviously the most efficient and cost-effective form of contact. If you have any problems with the design or development of your website that your developer is unable to resolve by email

2. It is the client's responsibility to inform us by email of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address. Some of our systems rely on this email to inform you of various important information. We also advise that clients check junk and spam folders regularly

3. It is important for the client to keep in contact with Website Warrior throughout the entire project. If a client does not make contact for more than 2 weeks, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project may be terminated, and the deposit will not be refunded. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us. Otherwise the project may be archived. We reserve the right to levy a £100 plus VAT, administration fee if the client returns after an unapproved postponement where the time since last contact is less than 6 months and wishes to continue work on their project.

4. If a client returns from an unapproved postponement and the last contact is more than 6 months, we shall need to provide a new quotation for the project and your original deposit will be non-refundable or transferable. Any design or development work completed previously may no longer be available.

Website Design and Development

1. Design is subjective, and for this reason we offer 'unlimited design revisions'.This means that we will continue to work with you on your design concept until you are happy with our proposal. The unlimited design revision period ends when the client accepts the design proposal and home page draft. Design changes beyond this point are subject to additional charges.

2. Design and layout changes to the internal pages of the website are subject to restrictions depending on what platform we use. These include Wordpress,Magento, Opencart and Skadate developments

2. Design and layout changes to the internal pages of the website are subject to restrictions depending on what platform we use. These include Wordpress, Magento, Opencart and Skadate developments

3. Website Warrior will provide the client with an expected completion time frame for the project (live on the internet) if requested. Website Warrior will provide a client access to its 'Project Cycle' documentation to ensure a client is fully aware of the responsibilities they have to ensure a successful and timely development. In order to provide a completion date a final list of changes is required from the client.

4. Open Source software (OSS) is publically available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client's website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment.

Hosting and Search Engine Optimisation

1. Website Warrior will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so, Website Warrior will provide a reliable and professional service to the client at all times, excluding unavoidable technical failures. All standard hosting offered by Website Warrior is limited to 250Mb of website space unless otherwise stated in a separate contract.

2. Website Warrior hosting is monthly renewable. The date of renewal will be monthly from the date the website was made live. Website Warrior will contact the client 4 days before the renewal date and hosting services are not obligated.

3. The hosting renewal charge must be received on the hosting expiry date. We reserve the right to deactivate any website when the hosting has expired and the client has not paid the renewal charge. We reserve the right to charge an administration fee of £50 plus VAT for reactivating the website/hosting.

4. If the client does not use Website Warrior hosting services, then the management and hosting of the domain name are the full responsibility of the client

5. If the client does not wish to renew the hosting the site files and associated data can be made available to the client fee free on request and the domain name can be transferred to the client's registrar account. Should the client instruct us to upload and configure the site and domain name to a third party server this work will be subject to charge

6. Website Warrior reserve the right to delete the website from our servers 3 months after the date you're hosting expired if you choose to not renew the hosting

7. Website Warrior offer free SSL with sites we host and manage DNS for. If you wish to manage DNS yourself we cannot provide support for SSL.

8. Website Warrior do not take any responsibility for a client's website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client's website, there could be a change in the websites search engine ranking

Domain Names and Links

1. If required, a domain name will be registered by Website Warrior on behalf of the client once we have received payment in full. These are limited to .co.uk and .com, any additional domain names can be purchased for and additional charge. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable timeframe

2. Domain names require yearly renewal and there is an associated fee for this.

3. Any domain name renewal is the responsibility of the client. Website Warrior will attempt to contact the client by email up to 2 weeks in advance of a domain renewal being due. If the client doesn’t pay to renew their domain name, the domain name shall not be renewed. We advise that you contact us 50 weeks after you purchase or renew a domain if you wish to renew it for another year

4. Website Warrior provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times

5. We place a small text link on the footer of our client's website that simply states the website was designed by Website Warrior and links to our company website. This link cannot be removed.

6. Website Text Copy (Content)

7. The client will be offered to utilise the Website Warrior Content Writer package at an additional charge to the website. If the client doesn't require this package, Website Warrior will require the client to send all content that is to be added to the website in a Microsoft Word doc file. This excludes products on an ecommerce site as these are to be added by the client once the site is complete. The website content must be received no later than 4 weeks after the design has been approved and signed off. If the client does not send content within this time period, Website Warrior reserve the right to send the design files to the client and collect full payment.

Support

1. While a website is hosted with Website Warrior, we shall be available between the hours of 9.00am and 5.30pm Monday – Friday. This excludes all bank holidays. Within a reasonable time period we will look to fix any issues with the website which are not due to a customer’s doing.

2. Website Warrior email accounts are available on any device that supports email.These include the Apple iPhone and Samsung Galaxy as well as many others

• (*) Website Warrior will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.

SEO Orders

Means Our search engine optimisation services order form detailing the SEO Services to be supplied by Us and the corresponding Set-up Fee and SEO Services Fee

SEO Program Document

Means the document provided to You by Us which describes the SEO Services.SEO Service Plan

Means the document specifying the details of Your bespoke requirements for the SEO Services.

SEO Services

Means the search engine optimisation services provided by Us to You as detailed in the SEO Program Document and SEO Order and specified in the SEO Service Plan

SEO Services Fee

Means the fee payable by You for the SEO Services as detailed in the SEO Order and calculated in accordance with the SEO Program Document provided to You by Us.

Services

means those services and the corresponding deliverables provided by Us to You,which may include but shall not be limited to Installation, the Connect Software,Hardware, creation of the Website, Support, Onsite Hardware Support, SEO Services, Hosting and Subscription Services, as specified in the Quotation, Order Forms and SEO Order (if SEO Services are selected by You) and as described more fully in the Documentation and/or on our website.

Set-up Fee

Means the fee payable by You for the set-up of the SEO Services and as detailed in the SEO Order.

Support

Means the provision of technical support and maintenance for the Connect Software and Website (if selected by You as detailed in the Quotation), and a response to Issues, including but not limited to a response to Issues by telephone or electronic mail during the Business Hours and as described in Annex 3.

Subscription Fees

Means the fees payable monthly by You for the Subscription Service

Subscription Service

cription Service means the subscription service provided by Us to You for the provision of the Connect Software

In the event that We are supplying a Project Plan, this shall usually be within two weeks of commencement of the Services. You shall review such Project Plan and notify Us of any issues with Your resources or availability which may affect the timelines or require other amendments to the Project Plan

If You are a new customer, upon commencement of the Services, We shall arrange the Installation Date and training dates with You and send You an Implementation Pack. For the avoidance of doubt, it is important that You review the Implementation Pack before proceeding any further with the Services as it contains details of the Services and any subsequent changes.

SEO SERVICES
The terms and conditions shall apply only if We are providing SEO Services to You, asdetailed in the Quotation.

When We receive the signed SEO Order from You and payment in full of the Set-up Fee,the SEO Order will form part of the binding Contract. All references to the Services in the Contract shall then also apply the SEO Services.

Upon receipt of the signed SEO Order and cleared payment for the Set-up Fee, We shall arrange a consultation with You and create the SEO Service Plan which shall be agreed by Both of Us. For the avoidance of doubt, it is important that You review the SEO Service Plan before agreeing to it as any subsequent changes

The SEO Services shall commence upon agreement of the SEO Service Plan and shall have an initial term of twelve (12) months, unless and until terminated

You hereby grant Us the authority to submit the Website to search engines at our discretion for the purposes of delivering the SEO Services. For the avoidance of doubt,submission to any individual online service or channel such as search engine or social network shall be at Our discretion and We do not commit to submitting the Website to any third party service that incurs additional cost.

You hereby acknowledge that the SEO Services are provided using the internet and search engines that are beyond Our control and We shall not be liable for the actions of Google, Bing, Yahoo or any similar service provider. You accept that such service providers may remove the Website, amend the search criteria, amend their terms or amend their search and ranking criteria or take other similar action and We shall not be responsible or liable for such actions. As a Controller, You further accept that the protection of any Personal Data processed by these service providers is solely Your responsibility. In any event We shall not be responsible or liable to You for any Personal Data Breaches under the Data Protection Laws resulting from any acts or omissions of these service providers.

You acknowledge that in providing the SEO Service We may need to amend the Content to optimize certain words in product descriptions and You hereby authorise Us to make such amendments as We reasonably deem necessary. While We shall use Our reasonable skill and care We shall perform the SEO Services in accordance with the description of the SEOServices in the SEO Program Document and the SEO Service Plan and You hereby agree that We may amend search phrases and web pages on the Website as We reasonably deem necessary to provide a high quality SEO Service to You and in line with current industry best practice.in making such amendments We shall not be liable for any errors made in product descriptions or pricing

We shall perform the SEO Services in accordance with the description of the SEO Services in the SEO Program Document and the SEO Service Plan and You hereby agree that We may amend search phrases and web pages on the Website as We reasonably deem necessary to provide a high quality SEO Service to You and in line with current industry best practice.

In the event that You override any amendments, You hereby accept that We may not be able to deliver the SEO Services at their optimum level. We shall not be considered to have failed in Our obligations under these Terms and Conditions to the extent that the Services are affected by You overriding any amendments. You shall remain obliged to pay Us in full as set out in these Terms and Conditions regardless of any failure by Us to perform any SEO Services as a result of You overriding any amendments We make.We shall schedule delivery of the SEO Services in accordance with Our then-current workload and do not warrant that the personnel delivering the SEO Services will be available at any particular time

We reserve the right to amend the Monthly Ongoing Fees, Hosting Fees and/or SEO Services Fees upon thirty (30) days written notice to You. You may give notice to terminate the Contract without penalty within fifteen (15) days of receipt of such written notice from Us. If We do not receive written notice within fifteen (15) days You are deemed to have agreed to the amendment to the Monthly Ongoing Fees, Hosting Fees and/or SEO Services Fees.

All Monthly Ongoing Fees, including the SEO Services Fee, are payable by direct debit unless previously agreed in writing by Us.

You may give notice to Us that You do not wish to renew the Contract in which case the Contract will terminate at the end of the current twelve (12) month period You may give notice to Us that You do not wish to renew the SEO Services in which case the SEO Services will terminate at the end of the current twelve (12) month period or the period defined in the Quotation, whichever is soonest.

We shall schedule delivery of the Services in accordance with Our then-current workload at the time of receipt of Your acceptance of a Quotation, and estimated delivery timescales shall be as detailed in the Quotation, Project Plan or as otherwise advised by Us to You from time to time. While We shall use Our reasonable endeavours to meet such estimated timescales, You agree that meeting such timescales shall not be the essence of a Contract.

At any time before completion of any Services as described in the Contract and/or any Documentation, You may request an amendment or alteration to the Services. Such requests may be subject to the payment of additional fees by You. We shall not unreasonably refuse a request provided that Both of Us have mutually agreed in writing upon such amendment or alteration, and any associated change to the fees and/or timescales. We reserve the right to refuse such requests if We believe they will adversely impact on the functionality or usability of the Services, or may breach third party intellectual property rights. If You change Your requirements or there is a change in circumstances that affect the Services, or Our ability to deliver the Services, and such change is caused by You, We may give notice to You that such changes constitute a request for an amendment or alteration to the Services even though no formal request has been made by You. Once Both of Us have agreed upon amendments or alterations, they shall be attached to and form part of the Contract and shall be delivered subject to these Terms and Conditions. For the avoidance of doubt, We shall not be obliged to deliver any amendments to the Services unless agreed in writing by Us

In the event You decide not to proceed with the Services within two (2) weeks of receipt by Us of the Deposits ("Refund Period"), You may request a cancellation and We shall refund the Deposits to You in full, providing no Services or any part of the Services have been delivered.

In the event You decide not to proceed with the Services after the Refund Period but prior to the Installation Date, You may request a cancellation which shall be subject to payment by You of the Cancellation Fee. For the avoidance of doubt, You may not cancel the Services after the Installation Date.

Once an Installation Date has been agreed by You and Us, You may request a change to such Installation Date to which We may agree at Our discretion and which shall be subject to the payment by You of the Rearrangement Fee.

We endeavour to provide a high quality service to Our customers, however, in the event that You have any problem or issue with the Services at anytime, You should contact Our help desk or Your account manager in accordance with the Company Complaints

Whilst We endeavour to provide estimates of when the Website will be ready to go live ("Go Live Date"), We do not guarantee any Go Live Date and You should not make arrangements dependant on a fixed Go Live Date. In the event that You do make such arrangements this shall be at Your own risk and We shall have no liability if the Go Live Date is not achieved.

For the avoidance of doubt the Initial Term of the Contract for the Website Services commences on Your acceptance of the relevant Quotation/pro forma invoice.

You hereby agree that We may create a Google Analytics account for the Website and we may use the Analytics data solely for:

Obtaining Website performance data to assist us in providing Support.

For the avoidance of doubt You may also create Your own Google Analytics account for Your own use

For the avoidance of doubt, in the event that We become aware that the Website is being used for any unlawful purpose and/or that the Content is identified as containing material of an offensive or unlawful nature We reserve the right to request the hosting provider to remove access to the Website and to delete all such offending or unlawful material without prior notice or reference to You.

For the avoidance of doubt We do not promise 100% server uptime and reserve the right to move or suspend the Website for short periods of time to allow Us to carry out maintenance or repair to Our servers or to implement improvements. We will notify You of planned maintenance by email. Please be aware that We occasionally perform emergency maintenance or repairs and on these occasions it will not be possible to notify You in advance.

You acknowledge that no additional fee shall be due to Us upon You're uploading, downloading or editing Content but that the total data volume shall be limited to the physical space on the server that has been allocated to You and there is a bandwidth allocation, as set out in the Quotation and/or Order Forms. In the event that You exceed Your allocated physical space or bandwidth, We shall invoice You for the excess space or bandwidth used at Our then current rate.

In the event that You upload or amend Content or perform administrative tasks on the Website which cause problems on Our systems or those of Our subcontractors, We reserve the right to immediately suspend or delete the Website as We reasonably deem necessary without prior notice or reference to You and You will be liable for the any costs incurred by Us and/or Our service partners and sub-contractors in remedying such problems

We endeavour to implement reasonable security of data and to protect the Hosting, however You hereby accept that no Hosting environment is 100% secure and We do not warrant to protect Your Hosted Website or Content.

Website speed is affected by the page Content and navigation functions. We regularly assess the speed performance of the Websites, but, because You manage the Content and navigation functions, We are not responsible for any loss of speed as a result of heavy Content or navigation functions. Upon Your request, We can make recommendations about how to modify page setup to improve performance. However, it is Your responsibility to set up pages in a way that will maintain a good balance of Content, navigation functionality and performance.

We shall not be obliged to provide Support if payment by You of the Monthly Ongoing Fees is overdue

In consideration for the payment of the Monthly Ongoing Fees, We shall respond to Issues and supply Support only to Your nominated and authorised representatives. For the avoidance of doubt, such representatives shall be a member of your organisation and shall not be a third party without Our prior written approval.

Our reasonable endeavours to resolve Issues, We do not warrant that We can resolve all Issues.

If we supply Third Party Software You acknowledge that We shall have no liability in respect of delays in resolving, or failure to resolve Issues with the Third Party Software.

EXCLUTIONS FROM SUPPORT

In the event You or Your authorised representatives communicate with Us in a manner We reasonably consider to be aggressive or abusive, We shall be under no obligation to provide Support and may terminate the Contract with immediate effect if such manner of communication is repeated.

We shall notify You in writing as soon as We are aware that any Issue and any time spent by Us investigating such Issues will be chargeable at Our then current rates. We shall invoice such charges at Our discretion and such shall be paid within 30 days from the date of said invoice.

In the event that You notify Us of an Issue and We deem such Issue to be a request for an amendment to the Website rather than a fault or bug, such request shall be subject to a fee

Efficient and timely provision of Support by Us requires a level of commitment and input from You and We shall require You to perform certain actions and provide information at various stages in a timely manner.

DATA PROTECTIONS

1. Controller, Data Subject, Personal Data, Processor and processing shall have the respective meanings given to them in applicable Data Protection Laws from time to time (and related expressions, including process, processed, processing, and processes shall be construed accordingly) and international organisation and Personal Data Breach shall have the respective meanings given to them in the GDPR;

2. Controller, Data Subject, Personal Data, Processor and processing shall have the respective meanings given to them in applicable Data Protection Laws from time to time (and related expressions, including process, processed, processing, and processes shall be construed accordingly) and international organisation and Personal Data Breach shall have the respective meanings given to them in the GDPR;

  • the Directive 95/46/EC (Data Protection Directive) and/or Data Protection Act 1998 or the GDPR;
  • any laws which implement any such laws; and
  • any laws that replace, extend, re-enact, consolidate or amend any of the foregoing;
  • 3. GDPR means the General Data Protection Regulation (EU) 2016/679;

    4. Protected Data means Personal Data received from or on behalf of You in connection with the performance of Our obligations under the Terms and Conditions; and

    5. Sub-Processor means any agent, subcontractor or other third party (excluding Our employees) engaged by Us for carrying out any processing activities on Your behalf in respect of the Protected Data.

    Both of Us agree that You are a Controller and that We are a Processor for the purposes of processing Protected Data pursuant to the Terms and Conditions. You shall at all times comply with all Data Protection Laws in connection with the processing of Protected Data. You shall ensure all instructions given by You to Us in respect of Protected Data (including the Terms and Conditions) shall at all times be in accordance with Data Protection Laws.

    We shall process Protected Data in compliance with the obligations placed on Us under Data Protection Laws and the Terms and Conditions.

    You shall indemnify and keep indemnified Us against all losses, claims, damages, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, compensation paid to Data Subjects, demands and legal and other professional costs (calculated on a full indemnity basis and in each case whether or not arising from any investigation by, or imposed by, a supervisory authority) arising out of or in connection with any breach by You of Your obligations.

    We shall:

    : 1. only process (and shall ensure Our employees only process) the Protected Data in accordance with the Order Form and the Terms and Conditions (and not otherwise unless alternative processing instructions are agreed between the Both of Us in writing) except where otherwise required by applicable law (and shall inform You of that legal requirement before processing, unless applicable law prevents Us doing so on important grounds of public interest); and

    2. If We believe that any instruction received by Us from You is likely to infringe the Data Protection Laws We shall promptly inform You and be entitled to cease to provide the relevant Services until Both of Us have agreed appropriate amended instructions which are not infringing.

    Taking into account the state of technical development and the nature of processing, We shall implement and maintain the technical and organisational measures set out in the Order Form to protect the Protected Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access to the extent required by the Data Protection Laws. 13.7

    We shall:

    1. not permit any processing of Protected Data by any agent, subcontractor or other third party (except Our or Our Sub-Processors’ own employees in the course of their employment that are subject to an enforceable obligation of confidence with regards to the Protected Data) without Your prior written author is

    2. prior to the relevant Sub-Processor carrying out any processing activities in respect of the Protected Data, appoint each Sub-Processor under a written contract containing materially the same obligations as under this Clause 13 that is enforceable by Us and ensure each such Sub-Processor complies with all such obligations;

    3. remain fully liable to You under the Terms and Conditions for all the acts and omissions of each Sub-Processor as if they were Our own; and

    4. Ensure that all persons authorised by Us or any Sub-Processor to process Protected Data are subject to a binding written contractual obligation to keep the Protected Data confidential.

    You authorise the appointment of the Sub-Processors listed in the Order Form.

    We shall (at Your cost):

    1. assist You in ensuring compliance with Your obligations pursuant to Articles 32 to 36 of the GDPR (and any similar obligations under applicable Data Protection Laws) taking into account the nature of the processing and the information available to Us; and

    2. Taking into account the nature of the processing, assist You (by appropriate technical and organisational measures), insofar as this is possible, for the fulfilment of Your obligations to respond to requests for exercising the Data Subjects’ rights under Chapter III of the GDPR (and any similar obligations under applicable Data Protection Laws) in respect of any Protected Data

    We shall not process and/or transfer, or otherwise directly or indirectly disclose, any Protected Data in or to countries outside the European Economic Area or to any international organisation without Your prior written consent.

    We shall, in accordance with Data Protection Laws, make available to You such information that is in Our possession or control as is necessary to demonstrate Our compliance with the obligations placed on Us under this Clause 13 and to demonstrate compliance with the obligations on Both of Us imposed by Article 28 of the GDPR (and under any equivalent Data Protection Laws equivalent to that Article 28), and allow for and contribute to audits, including inspections, by You (or another auditor mandated by You) for this purpose (subject to a maximum of one audit request in any 12 month period). We shall notify You as soon as reasonably practicable and in writing on becoming aware of any Personal Data Breach in respect of any Protected Data.

    On the end of the provision of the Services relating to the processing of Protected Data, at Your cost and Your option, We shall either return all of the Protected Data to You or securely dispose of the Protected Data (and thereafter promptly delete all existing copies of it) except to the extent that any applicable law requires Us to store such Protected Data. This Clause 13 shall survive termination or expiry of the Contract.

    Your Obligations:

    Efficient and timely provision of the Services by Us requires a level of commitment and input from You and We shall require You to perform certain actions and provide information at various stages, such as Reviews. In particular, You are required to comply with the obligations detailed in Schedule 1 ("Obligations"). In the event You fail to comply with such Obligations:

    1. We may limit the Services We deliver to You for a period determined by Us until such Obligations are met and We receive a commitment from You to comply with such Obligations in future. For the avoidance of doubt, You shall be liable to continue to pay the fees during the period that the Services are limited; or

    2. Either party may terminate the Contract and upon such termination, in the event that the Capital Order Fees have not been paid you shall pay them and We may invoice You at Our usual hourly rate for any time spent delivering the Services prior to the commencement of the Monthly Ongoing Fees. Such invoice shall be immediately payable by You.

    You shall provide co-operation and support to Us in Our efforts to provide the Services. Such co-operation and support shall include, but not be limited to:

    1. a reasonable level of responsiveness to Our requirements and communications;

    2. the timely transmittal and release to Us of appropriate and accurate documentation and information;

    3. the timely provision of Website Content to Us at our reasonable request;

    4. completion of the Reviews and any other work performed by Us within agreed timescales;

    5. The prompt provision of authorised access to the Website, the Connect Software, Your servers and network, either on site or remotely, and access to Your hardware or the Hardware as requested by Us to facilitate delivery of the Services. In the event of You providing such access but without the appropriate approvals, or in the event of You not providing such access, You shall not seek any action or remedy from Us in association with any loss or damage to You arising from such unauthorised access or lack of access;

    6. the making available of facilities including but not limited to computer facilities, desk space, telephone access and parking when and to the extent as is reasonably requested by Us; and

    7. The making available of competent personnel to assist Us when and to the extent as is reasonably requested by Us.

    You hereby warrant that You are the owner or licensor of the Content and that You have the right and authority to provide Us with access to the Content and to grant Us the right to use the Content for the purposes of fulfilling our obligations under the Contract.

    You are responsible for ensuring the Content complies with all applicable legislation and regulations and You hereby agree to indemnify Us from any loss or damage arising from Your failure to do so.

    You hereby acknowledge that You are responsible for the compliance of Your business to Payment Card Industry DSS standards ("Compliance") and You shall work with the accredited payment service providers with whom We partner to support any Compliance attestation. For the avoidance of doubt, We and Our payment service provider partners are not responsible for Your Compliance and You hereby agree to indemnify Us from any loss or damage arising from Your failure to achieve Compliance.

    You agree that if You do not perform Your obligations under these Terms and Conditions and such non-performance affects Our ability to perform, We shall not be considered in default under these Terms and Conditions to the extent so affected, and You shall remain fully obligated to pay Us as provided in these Terms and Conditions regardless of any failure to perform any services so affected.

    Personnel

    You shall advise Us of all rules, regulations and practices with which Our employees or sub-contractors should comply while on Your premises. Our personnel shall use reasonable endeavours to comply with such rules and regulations whenever they are on Your premises. You shall take reasonable precautions to ensure the health and safety of Our staff, employees, agents and sub-contractors while they are on Your premises.

    In the event We require authorised access to Your premises to deliver the Services, You shall provide and/or acquire such authorised access. In the event of You providing such access but without the appropriate approvals, or in the event of You not providing such access, You shall not seek any action or remedy from Us in association with any loss or damage to You arising from such unauthorised access or lack of access and shall indemnify Us from any loss or damage arising from Your failure to obtain authorised access

    Without in any way restricting the right of an employee freely to accept employment and change employment if You induce an employee of Ours assigned to the provision of the Services to enter Your service at any time while such Services are being provided under these Terms and Conditions or during a period of six months thereafter then You shall pay to Us an amount being equivalent to fifty percent (50%) of the employee's net annual salary such sum being a genuine pre-estimate of the cost of the disruption that such inducement would cause to the efficient conduct of Our business.

    Warranties

    We warrant that We will provide the Services using reasonable skill and care using staff with appropriate experience and qualifications for the tasks to which they have been assigned. While We endeavour to provide a reliable and high quality Services, We do not warrant that the operation of the Website, Connect Software or Hosting will be uninterrupted or error free. Notwithstanding the foregoing, in the event that We provide You with any business advice in the course of delivering the Services, such advice shall be for information purposes only and use of such advice should be reasonably considered by You and shall be at Your own risk. Nzb property specialists is has main control over website warrior neither website warrior or nzb property specialists guarantee or will be held responsible for any advice work or service done. No financial gain/refund will be provided for any errors we carry out. We will not be liable under these Terms and Conditions or any Contract for any damages resulting from:

  • (i) loss of, damage to or corruption of data including but not limited to Personal Data as defined in clause 13 above
  • (ii) loss of use,
  • (iii) lost profits,
  • (iv) lost revenue,
  • (v) loss of reputation,
  • (vi) loss of anticipated savings, and/or
  • (vii) any indirect or consequential loss.
  • With regard to analysis of web-based data and statistics, while We shall use Our reasonable endeavours to provide You with accurate information based on the data and tools available to Us, We do not warrant that such information shall be error-free. With regard to SEO Services (if selected by You), while We shall use Our reasonable endeavours to drive appropriate internet traffic to the Website You acknowledge that the operation of the SEO Services depends upon a number of factors which are outside of Our control including, but not limited to, the activities of the relevant media owners, search criteria entered by the end users, seasonal changes and search trends, and the search-engine optimisation activities of third parties on the internet.

    Any Third Party Software shall be warranted in accordance with the corresponding software licence agreement agreed directly between You and the licensor, and no warranty is provided in respect of such software under the Contract.

    We hereby exclude all other conditions, warranties, representations or other terms that might otherwise be implied or incorporated into the Contract by law, such as (but not limited to) those of satisfactory quality, fitness for a particular or any purpose, ability to achieve any particular result (including but not limited to Website traffic results) or the use of reasonable skill and care.

    You hereby agree that Your sole remedy in respect of any non-conformance with any warranty in these Terms and Conditions is that We will remedy such non-conformance (either by Ourselves or through a third party) and if, in Our reasonable opinion, We are unable to remedy such non-conformance then We will refund the corresponding portion of the fees applicable to the Service that is the subject of your claim, if paid, whereupon the Contract to supply the Services shall immediately terminate.

    You must promptly notify Us in writing of any breach of the above warranties in order to benefit from the remedy. You shall provide all information as may be deemed necessary by Us to assist Us in resolving such breach.

    Limitation Of Liability :

    Nothing in these Terms and Conditions or any Contract shall exclude or limit Our liability for

  • (I) fraud or other criminal act,
  • (ii) personal injury or death caused by the negligence of Our employees in connection with the performance of their duties hereunder or by defects in any services supplied pursuant to these Terms and Conditions or any Contract,or
  • (iii) any other liability that cannot be excluded by law.
  • We will not be liable under these Terms and Conditions or any Contract for any damages resulting from:

  • (i) loss of, damage to or corruption of data including but not limited to Personal Data
  • (ii) loss of use,
  • (iii) lost profits,
  • (iv) lost revenue,
  • (v) loss of reputation,
  • (vi)loss of anticipated savings, and/or
  • (vii) any indirect or consequential loss.
  • Our maximum aggregate liability that we would pay out to You for any cause whatsoever shall be for direct costs and damages only and will be limited to a sum equivalent to 125% of the fee paid and payable by You for the Services to which Your claim relates.

    We hereby exclude all liability that We have not expressly accepted in these Terms and Conditions. These limitations will apply regardless of the form of action, whether under statute, in contract, tort, including negligence, or any other form of action.

    For the purposes "We" includes Our employees, sub-contractors, owners directors licensors and suppliers who shall therefore have the benefit of the limits and exclusions of liability set out in this Clause in terms of the Contracts (Rights of Third Parties) Act 1999.

    No action, regardless of form, arising out of transactions occurring under or contemplated under these Terms and Conditions may be brought by either party more than two (2) years after the cause of action has accrued.

    You shall have no remedy in respect of any representation (whether written or oral) made to you upon which You relied in entering into any Contract ("Misrepresentation") and We shall have no liability to You other than pursuant to the express terms of these Terms and Conditions.

    Nothing in these Terms and Conditions shall exclude or limit Our liability for any Misrepresentation made by Us fraudulently

    Duration & Termination

    Each Contract shall become effective upon acceptance of a Quotation and shall continue unless and until terminated.

    Either party ("the Initiating Party") may terminate a Contract at any time after one of the following events occur:

    following events occur: 1. on giving written notice to the other party if the other party commits any material breach of any term of these Terms and Conditions and in the case of a breach which is reasonably capable of remedy fails to remedy that breach to the reasonable satisfaction of the Initiating Party within thirty (30) days of a written request to remedy the same; or

    2. if the other party shall have a receiver or administrative receiver appointed over it or any of it's undertaking or assets or shall pass a resolution for winding up (otherwise than for the purpose of a bone fide scheme of solvent amalgamation or reconstruction where the resulting entity shall assume all of the liabilities of it) or a court of competent jurisdiction shall make an order to that effect or if the other party shall become subject to an administration order or shall enter into any voluntary arrangement with its creditors or shall cease or threaten to cease to carry on its business or if any substantially similar event shall take place under the laws of another jurisdiction; or

    3. Upon ninety (90) days written notice. In the event You terminate the Contract prior to the end of the current twelve (12) month period, the sum of all the Monthly Ongoing Fees for the remainder of the twelve (12) month period shall be immediately payable by You.

    We may review the Services on a monthly basis prior to Renewal to address any necessary adjustments and may choose at Our discretion to not renew all Services, but shall not unreasonably do so. We shall notify You of any adjustment prior to Renewal.

    Not with standing upon termination of the Contract for any reason, We reserve the right to archive the Content and Website from Our systems

    Except as provided upon termination of the Contract for any reason, Your licence to use the Connect Software shall cease and You shall delete the Connect Software from Your systems and destroy any copies of the Connect Software and at Our reasonable request You shall provide Us with written confirmation that You have complied with this Clause The expiry of a Contract or the termination thereof for whatever reasons shall be without prejudice to any other rights or remedies a party may be entitled to under law and shall not affect the respective rights and liabilities of either of the parties accrued prior to such termination.

    Intellectual Property

    We are the owner or licensee of the patent, copyright, trade secrets, trademarks and any other intellectual property rights which subsist in the Connect Software, Services and Website design. Ownership of the Connect Software, Services and Website design shall remain with Us or Our licensors. For the avoidance of doubt ownership and all intellectual property rights to any design, new software, new protocol, new interface, enhancement, update, derivative works, revised screen text or any other items that We create for You shall continue to belong to Us or Our licensors. Any rights not expressly granted herein are reserved to Us.

    You are the owner or licensee of the patent, copyright, trade secrets, trademarks and any other intellectual property rights which subsist in the Content. Title to the Content shall remain vested in You or Your licensors.

    You hereby agree to indemnify Us against any and all loss or damage arising from the breach of any third party intellectual property right resulting from Our possession or use of the Content, the incorporation of the Content into the Website or uploading to the Connect Software, or the performance of the Services in accordance with Your express requirements and the Contract.

    We shall defend at Our own expense any claim brought against You alleging that the normal use of the Connect Software or Website design infringes a patent or copyright belonging to a third party ("Intellectual Property Claim") and We shall pay all damages awarded or agreed to be paid to any third party in settlement of an Intellectual Property Claim provided that You:

    1. promptly furnish Us with written notice of the Intellectual Property Claim upon becoming aware of the same; 2. make no admissions or settlements without Our prior written consent; 3. act in accordance with Our reasonable instructions and provide Us with reasonable assistance in respect of the Intellectual Property Claim; and 4. Give to Us the sole authority to defend or settle the Intellectual Property Claim

    If in Our reasonable opinion the Connect Software or Website design is or may become the subject of an Intellectual Property Claim then We shall either:

    1. obtain for You the right to continue using the Connect Software or Website design;

    2. replace or modify the Connect Software or Website design so that it becomes non-infringing; o

    3. If such remedies in (a) and/or (b) above are not in Our opinion reasonably available, then You shall cease to use the Connect Software or Website design and We shall refund to You the corresponding portion of the corresponding fees as normally depreciated, if paid, whereupon the Contract shall immediately terminate

    Confidentiality

    Confidential Information shall be defined as any information (whether disclosed in oral, written or electronic form) belonging or relating to Our or Your business affairs or activities and which: (i) has been marked as confidential or proprietary, (ii) has been identified orallyor in writing as being of a confidential nature, or (iii) may reasonably be supposed to be confidential in the circumstances.

    Each party undertakes that for a period of five years from the date of disclosure it will not, without the prior written consent of the other party, use, disclose, copy or modify the other party's Confidential Information (or permit others to do so) other than is necessary for the performance of its rights and obligations under the Contract. Each party hereby agrees that it shall treat the other's Confidential Information with the same degree of care as it employs with regard to its own Confidential Information of a like nature and in any event in accordance with best current commercial security practices, disclosing such Confidential Information only to those of its employees, consultants and bona fide professional advisers who need to have such information for the purposes of these Terms and Conditions, and ensuring that such employees, consultants and professional advisers shall be bound by the same confidentiality obligations as are set out in this clause

    The provisions shall not apply to:

    • any information in the public domain otherwise than by breach of these Terms and Conditions;

    • information lawfully in the possession of the receiving party thereof before disclosure by the disclosing party;

    • information lawfully obtained without restriction from a third party; and

    • Information required to be disclosed by a court of competent jurisdiction, governmental body or applicable regulatory authority provided that the party under such duty to disclose shall use all reasonable endeavours to give the other party as much prior notice of such disclosure as is reasonably practicable and permitted by law.

    We may publicise Our involvement with You and You hereby authorise Us to use images of the Website which may include Content for publicity purposes. In the event that You do not want Us to use images of the Website which contain Content for publicity purposes, You may notify Us in writing and We shall not use such images in any future publicity.

    You may not publicise Your involvement with Us without Our prior written consent. For the avoidance of doubt, such publicity restriction includes but shall not be limited to You not publicising Your involvement with Us on websites, internet forums, Twitter, Facebook or other social media sites. You hereby agree to indemnify Us against all damages, losses, costs, expenses and liabilities incurred by Us arising from Your breach of this Clause 23.5 including but not limited to damages and losses resulting from loss of reputation or goodwill. In the event that You breach this

    We may at Our option:

    • suspend the Services until such breach is remedied by You; or

    • Treat such as a material breach and terminate the Contract.

    Nothing shall prevent You from recommending Us to any third party whom You believe would benefit from Our Services.

    If a Contract is terminated, each party shall, at the other party's option, return or destroy all Confidential Information of the other party

    Assignment

    You may not assign any Contract or otherwise transfer any rights or obligations under any Contract except with Our prior written consent.

    Force Majeure Neither party is responsible for failure to fulfil its obligations hereunder due to causes beyond its reasonable control that directly or indirectly delay or prevent its timely performance hereunder. Dates or times by which each party is required to render performance under the Contract shall be postponed automatically to the extent that the party is delayed or prevented from meeting them by such causes

    Notices All notices made pursuant to these Terms and Conditions or any Contract must be made in writing. Any written notice to be given or made pursuant to the provisions of these Terms and Conditions or any Contract shall be sent postage prepaid by registered or recorded mail or reputable courier service, addressed to the other party's address stated above and shall be marked for the attention of "The Company Secretary". Unless otherwise provided in these Terms and Conditions or any Contract, all notices shall be deemed as given on the day of their receipt by the receiving party.

    Entire Agreement These Terms and Conditions together with the Quotation, Order Forms and SEO Order and Your acceptance constitutes the entire agreement between the parties with respect to the subject matter hereof and shall supersede all previous representations, agreements and other communications between the parties, both oral and written.

    Dispute Resolution, Law & Jurisdiction

    In the event of any dispute arising under these Terms and Conditions or any Contract the parties will attempt to settle it by mediation. The mediator shall be selected from the Ministry of Justice Civil Mediation Directory subject to the agreement of both parties. No party may commence court proceedings in respect of any dispute arising out of these Terms and Conditions or any Contract until it has attempted to settle the dispute by mediation and either the parties have been unable to agree on a mediator or the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay. Unless agreed otherwise the mediator's costs and expenses shall be shared equally between the parties, each party hereby irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any disputes of whatever nature arising out of or relating to these Terms and Conditions or any Contract.

    Notwithstanding nothing in these Terms and Conditions or any Contract shall limit either party's right to seek injunctive relief.

    These Terms and Conditions and any Contract shall be governed by English law.

    Survival
    The following shall continue to be in effect after the termination or expiration of the Contract.
    General

    If any provision of these Terms and Conditions or any Contract is adjudged by a court of competent jurisdiction to be invalid, void, or unenforceable, the parties agree that the remaining provisions of these Terms and Conditions or any Contract shall not be affected thereby, and that the remainder of these Terms and Conditions and any Contract shall remain valid and enforceable. No waiver by either party of any term hereof shall constitute a waiver of any such term in any other case whether prior or subsequent thereto. No single or partial exercise of any power or right by either party shall preclude any other or further exercise thereof or the exercise of any such power or right under these Terms and Conditions or any Contract. These Terms and Conditions and any Contract may not be changed, modified, amended, released or discharged except by a subsequent written agreement or amendment executed by duly authorised representatives of Us and You. A person who is not a party to these Terms and Conditions or any Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions or any Contract except as explicitly provided by Clause 20.4 herein but this does not affect any right or remedy of a third party that exists or is available apart from the Act.

    You may not use the hosting provider's network or services to engage in, foster, or promote illegal, abusive, or irresponsible behaviour, including:

    • Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network;

    • Monitoring data or traffic on any network or system without the express authorisation of the owner of the system or network;

    • Interference with service to any user of the hosting provider or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

    • Use of an Internet account or computer without the owner's authorisation;

    • Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);

    • Collecting or using information without the consent of the owner of the information;

    • Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;

    • Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;

    • Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "ad/ remove" tool); or

    • Any conduct that is likely to result in retaliation against the hosting provider's network or website, or the hosting provider's employees, officers or other agents, including engaging in behaviour that results in any server being the target of a denial of service attack (DoS).

    BULK EMAIL

    You may not use a mail service (such as Our email or the hosting provider's Email to send bulk mail. Please see the applicable Product Terms and Conditions for those services. Mail Requirements

    You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, your bulk and commercial email must meet the following requirements:

    • Your intended recipients have given their consent to receive email from you via some affirmative means, such as an opt-in procedure;

    • Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;

    • You retain evidence of each recipient's consent in a form that can be promptly produced on request, and you honour recipient's and our requests to produce consent evidence within 72 hours of receipt of the request;

    • You have procedures in place that allow a recipient to revoke their consent - such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; you honour revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours;

    • You must have a Privacy Policy posted for each domain associated with the mailing;

    • You have the means to track anonymous complaints;

    • You may not obscure the source of your email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses. Your email must include the recipients email address in the body of the message or in the "TO" line of the email;

    • The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information; and

    • You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days

    These policies apply to messages sent using Our hosting services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via you're hosting service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list was created by you.

    We may test and otherwise monitor your compliance with its requirements. We may block

    the transmission of email that violates these provisions. We may, at Our discretion, require certain customers to seek advance approval for bulk and commercial email, which approval will not be granted unless the customer can demonstrate that all of the requirements stated above will be met.

    Unsolicited Communications

    You may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then you will not be in violation of this section if you comply with the 48 hour removal requirement described above.

    Vulnerability Testing

    You may not attempt to probe, scan, penetrate or test the vulnerability of Our system or network, or to breach the hosting provider's security or authentication measures, whether by passive or intrusive techniques, without Our express written consent. Newsgroup, Chat Forums, Other Networks

    You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums. You must comply with the rules of any other network you access or participate in using your services.

    Offensive Content

    You may not publish, transmit or store on or via the hosting provider's network and equipment any content or links to any content that We reasonably believe:

    • Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;

    • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

    • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

    • is defamatory or violates a person's privacy;

    • creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;

    • improperly exposes trade secrets or other confidential or proprietary information of another person;

    • is intended to assist others in defeating technical copyright protections;

    • infringes on another person's copyright, trade or service mark, patent, or other property right;

    • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

    • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Us; or

    • Is otherwise malicious, fraudulent, or may result in retaliation against Us by offended viewers or recipients, or is intended to harass or threaten. Content "published or transmitted" via Our network or equipment includes Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet.

    LIVE EVENTS

    You may not use you're hosting services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP. We may prohibit you from streaming other live events where there is a special risk, in Our reasonable discretion, that the event may violate the Offensive Content section above.

    Copyrighted Material

    You may not use the hosting provider's network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:

    • you have been expressly authorised by the owner of the copyright for the work to copy the work in that manner; or

    • You are otherwise permitted by established copyright law to copy the work in that manner.

    It is Our policy to terminate in appropriate circumstances the services of customers who are repeat infringers.

    Shared Systems

    You may not use any shared system provided by the hosting provider in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of Mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your Cloud-hosted code if it unnecessarily conflicts with other Cloud customers' use of the Cloud. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers' data that is stored on the same system. Other

    • You must have valid and current information on file with your domain name registrar for any domain hosted on the hosting provider's network.

    • You may only use IP addresses assigned to you by Us in connection with you're hosting services.

    • You agree that if the IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and We may take reasonable action to protect the IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.

    • You agree that if you register a DNS record or zone on the hosting provider's managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, We may modify, transfer, or delete such records or zones.

    We would advise making your own backups if data is critical as we cannot be held liable to you for losses of data.

    Due to the nature of server hosting we cannot guarantee that a fix is implemented within a certain amount of time

    Website Warrior will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. Website Warrior will not be liable for any content added to the site, or any other content, comments, reviews, articles or press releases published anywhere online, in particular clients should ensure any content written by Website Warrior and published online meets with their approval and must notify Website Warrior within seven days of publication if any such content needs to be amended or removed. Content will be written with the aim of improving keyword density and other google key performance indicators in order to improve the position of the client’s URL with the search engine results pages – content will be written in good faith but the responsibility rests with the client to check For accuracy and to notify Website Warrior of any changes that should be made for accuracy or legal reasons. If you require us to make on site changes for improvement of SEO it is your responsibility to provide us correct login URL, username and passwords. If you change passwords or access you must provide us new logins for ongoing on-site changes to be made. If you do not provide us logins as required with sufficient user permissions our work will be limited to off-site SEO until you do so. Our Fee will not change if we are only providing off site aspects of the service. If you wish us to manage your own PPC Campaign you must provide us your 10 digit Google Account number so that we can link your CID to our MCC. In this case you will continue to be responsible for the payment of your click spend. We will run and manage the CID to the best of our ability however you will be responsible for ensuring that you continue to adhere to the Google policies as required and any google terms and conditions that may be required.

    Disclaimers and limitations on liability

    Website Warrior shall not be responsible for URLs dropped in rank on any search engine, excluded or otherwise penalised by a search engine for any reason, websites can go down as well as up in search results.

    Website Warrior cannot guarantee that increased rankings in search engines will result in more enquiries or more new business for the client.

    Website Warrior shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated With Client’s receipt of the Account Service data. Website Warrior shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes,lockouts,Communications line or equipment failures, power failures, earthquakes, or otheWhilst every effort will be made to achieve the best positions in the major search engines,rdisasters, natural or otherwise.

    Website Warrior do not guarantee or warrant that Client’s URLs will achieve a favourable position, or any position, within a particular search engine.

    We must stress that there is no guarantee to our services. We do not have the ability to offer a guarantee on the rank that our clients will achieve, nor do we believe that any SEO provider can offer such a guarantee. We also cannot calculate or even estimate the amount of increased traffic, enquiries or new business that will occur as a result of our SEO, PPC and other marketing services.

    Search engine marketing is unpredictable and is subject to constant changes, many of which are outside of the control of Website Warrior cannot in any way guarantee the results that will be achieved. Website Warrior do not warrant or represent that the use, or the results of the use, of any materials, services, software or reporting systems available through third parties will be correct, accurate, timely, reliable or otherwise. You expressly agree that use of the Website Warrior services provided hereunder is at your sole risk.

    These services are provided on an “as is” and “as available” basis. Website Warrior expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

    Not with standing the security precautions taken against disclosure of information, there are certain Conditions that exist on the Internet generally which are outside Website Warrior’s control and could result in a breach of security. Accordingly, Website Warrior cannot guarantee that Client’s Account.

    Service data information will be free from corruption, hacking or piracy. You hereby expressly waive any claim against Altitude Internet arising out of the loss of data through corruption, piracy, hacking, breach of security or for any other reason that is not based on intentional or grossly negligent actions of Website Warrior . To the maximum extent allowed by law, Website Warrior and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of Or in connection with the services provided. This section does not limit liability for bodily injury of a person.

    Compatibility

    Website Warrior will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer, Google Chrome and Mozilla browsers. Website Warrior can offer no guarantees of correct functionality with all browser software.

    Website Hosting

    Whilst Website Warrior recommends third party hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Website Warrior cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

    Website Warrior reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, we also reserve the right to remove websites from our hosting that cause issues with server stability and/or speed. Payments for website hosting and support are charged monthly or annually depending on the service ordered and are subject to review. Should the monthly or annual payment be increased we will contact you and provide at least 21 days written notice. If you are paying these fees by way of a Direct Debit or a recurring card payment you authorise us to increase the fee charged to you in accordance with the current tariff. We reserve the right to enact defensive movements to maintain the stability of our hosting systems for all clients.

    If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of you're hosting environment.

    Payment of Accounts

    Clients are required to pay their first invoice (normally one month) in advance, by credit or

    debit card prior to work commencing.

    All other invoices must be settled by Direct Debit or recurring card payment. Website Warrior reserve the right to cease work, remove work/content and deny access to any Client’s website where payment is overdue (following reasonable attemp