Terms and Conditions
This is the bit the lawyers make us publish...
STANDARD TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES FOR CONSUMERS
Nothing in the Conditions affects Your statutory rights as a consumer.
The following Conditions set out how We will work together. As these are legal conditions it is important that You understand the Conditions, in particular the provisions of Condition 11 and Condition 12, and how they relate to You.
- 1. INTERPRETATION
1.1 In these Conditions the following capitalised words shall have the following meanings: "Cancellation Period" means either:
- (i) for Hardware, seven (7) working days commencing from the first full working day following delivery of the Hardware; or
- (ii) for the Services, seven (7) working days commencing from the first full working day after the day on which You receive Our acceptance of Your order.
"Contract": means any contract between You and Us for the provision of Services (and, in some cases, the provisions of Hardware), incorporating these Conditions and the Schedule of Contract Details;
"Hardware" means the hardware products agreed in the Contract to be provided to You by Us and which are listed in the Schedule of Contract Details and which are subject to Condition 5;
"Our Website" means either www.websights.co.uk, www.eurofasthost.com www.efhbroadband.com and/or www.helpbroadband.com;
"Services": means any services agreed in the Contract to be provided to You by Us which may include but is not limited to the Hosting Services and Broadband Services as set out in the Schedule of Contract Details;
"We, Us, Our": means Worldwide Websights Limited (Company Number 03348289) whose registered office address is Stable Court, Hesslewood Country Business Park, Ferriby Road, Hessle, East Yorkshire, HU13 0LH and who uses the trading names EuroFastHost, EFHBroadBand and HelpBroadBand;
"You, Your": means the individual who purchases the Services (and in some cases, the Hardware) and whose use of the Services (and the Hardware, where relevant) is for personal purposes only and not for use in connection with any trade, business or profession.
1.2 No other terms and conditions will apply to this Contract.
- 2. APPLICATION OF TERMS
2.1 These Conditions apply to all Services and associated Hardware We provide. Nothing in these Conditions excludes or limits Our liability for fraudulent misrepresentation.
2.2 The Services set out on this Website should not be regarded as a contractual offer. You must place an order to purchase the Services with Us either over the telephone or on Our Website and must ensure that the terms of Your order are complete and accurate. Your order has not been accepted by Us until We send You a written acknowledgement of order.
2.3 In the case of orders made on Our Website You are offering to purchase the Services and any associated Hardware in accordance with these Conditions. We will acknowledge receipt of Your order without delay but this does not mean We have accepted Your order. The Contract between Us and You will only come into existence when You receive Our written acceptance of Your offer.
2.4 We may amend or modify any information on Our Website including these Conditions at any time. If You continue to use the Website after such amendment or modification You may only do so on terms that You acknowledge that it is Your responsibility to ascertain whether any such amendments or modifications have been made regardless of whether You have actually reviewed and expressly agreed to such amendment or modification. Continued use of this Website by You will constitute Your acceptance of any amendment or modification.
2.5 Any quotation or estimate made by Us is only valid for thirty (30) days and is subject to these Conditions.
- 3. DESCRIPTION
3.1 The Services shall be as described on Our Website or such other websites as We may notify to You from time to time.
3.2 All demonstrations and advertising that We issue including but not limited to advertising on Our Website and any descriptions or illustrations contained in Our catalogues or brochures are issued or published for the sole purpose of giving You an approximate idea of Our Services or the Hardware. They do not form part of the Contract.
- 4. PROVISION OF SERVICES
4.1 We shall endeavour to perform the Services on the date set out in the Schedule of Contract Details. Any dates specified for performance are intended to be an estimate only and We cannot be bound to specific dates.
4.2 You may, Our request, have to assist Us in providing the Services.
4.3 If You are not purchasing Hardware from Us, You must provide all necessary items and equipment required for the provision of the Services. This would include hardware, software and other communications equipment which will enable access to the internet.
4.4 If We are unable to perform the Services because of a lack of assistance from You, the Services will be deemed to have been completed.
4.5 We may temporarily cease or interrupt the Services for operational reasons. In such circumstances We will use reasonable endeavours to restore the Services as soon as is reasonably practicable.
4.6 We will, unless in the case of emergency, use reasonable endeavours to notify You of any break in the Services due to operational reasons. In such circumstances We will notify You by way of either the Our forum, electronic mail or letter.
4.7 We may, at Our option, reconfigure or alter Your Service up to the maximum contention ratio of Your Service if We reasonably believe that Your use of the of the Broadband Service is having a negative impact on Our other customers' enjoyment or use of the broadband services we provide.
4.8 Additional details regarding the Services are set out on Our Website. Should You have any queries regarding the Services please contact Us using the contact details set out on Our Website.
- 5. PROVISION OF HARDWARE
5.1 This Condition will apply to any Hardware which We agree to provide to You under Contract, in addition to the other Conditions which will also apply where they specifically mention the Hardware.
5.2 We will deliver to You or have delivered to You the Hardware by post within 30 days of the date You receive Our written acceptance of Your offer to purchase the Hardware.
5.3 The description and detail of the Hardware is set out on Our Website.
5.4 If You cancel the Contract after the Hardware has been delivered to You, You will take good care of the Hardware while it is in Your possession.
5.6 If You exercise your right to cancel after delivery of the Hardware or if We consent to cancellation under Condition 17, You must return the Hardware to Us at Your own expense within 7 days in the original packaging and in a good and resalable condition.
5.7 Risk in the Hardware will pass to You when it is delivered to You.
5.8 The price for the Hardware will be the price set out in Our price list published at the date We receive Your completed Schedule of Contract Details and as set out on our Website and confirmed in the Schedule of Contract Details. This price will be inclusive of value added tax and delivery costs.
5.9 Payment for the Hardware must be made by credit/debit card in advance in accordance with the payment section at Conditions 9.2 and 9.3 of these Conditions.
5.10 We are not the manufacturers of the Hardware and therefore We will, where possible, transfer to You the benefit of any warranty or guarantee which has been given to Us in relation to the Hardware.
5.11 For a period of 12 months only after the date of delivery of the Hardware We will, at Our option, either refund the full price paid for Hardware or replace the Hardware if there is a defect with the Hardware (other than where the defect caused is by You): If You wish to seek a refund from Us You must return the Hardware to Us at the address stated at the beginning of these Conditions.
- 6. DISTANCE SELLING REGULATIONS
6.1 We are obliged by law to provide You, prior to the date of acceptance of Your order by Us, with certain information in relation to the Contract and Your rights under it.
6.2 This information appears throughout the Conditions and in the Schedule of Contract Details, on Our Website and in the paperwork We send to You.
- 7. RIGHT TO CANCEL
7.1 You have the right to cancel this Contract for any reason before the expiry of the Cancellation Period and to be refunded for any price You have paid within 30 days of You providing the notification set out in Condition 7.3
7.2 In relation to Services purchased from Us, You will lose this right to cancel the Contract if, at Your request or otherwise with Your consent, We are able to provide the Services to You within the Cancellation Period. If you require Us to carry out the Services within the Cancellation Period, You agree that the Cancellation Period will end when We start to provide the Services.
7.3 If You wish to cancel the Contract within the Cancellation Period, You must notify Us of this fact in writing and send a notification to Us by electronic mail or first class post.
7.4 If You wish to cancel the Contract after the Cancellation Period has expired You must do so in accordance with Condition 17.2 and We may, at Our option charge a cancellation fee to cover Our administrative costs. The amount of the cancellation fee will be as set out in the Schedule of Contract Details.
- 8. CONTRACT PRICE
8.1 The price for the Services and any Hardware shall be set out in Our price list published on the date We receive Your completed Schedule of Contract Details. This price list is also stated on Our Website and the price will be confirmed in the Schedule of Contract Details.
8.2 The price for the Services shall be inclusive of any value added tax.
8.3 We reserve the right to increase or decrease the prices of any of Our Services or Hardware. If You are affected by price changes We will notify You of any price change as soon as reasonably possible.
8.4 If there has been any inadvertent error in the price quoted on the Website, We reserve the right to notify You of such an error when We become aware of it even if this occurs after Your offer has been accepted by Us. In such circumstances, You will have the option to proceed with the transaction at the correct price or to withdraw from the transaction. You will be obliged to notify Us of Your wish to withdraw within 7 days of being notified of such error. You must use the same means of communicating with Us as We used to notify You of the error.
- 9. PAYMENT
9.1 Subject to Conditions 9.4(c) and 9.6, each monthly, quarterly or annual instalment of the price for the provision of the Services must be paid in full and in cleared funds in advance.
9.2 Payment must be made by providing credit/debit card (please contact Us if you have any queries regarding the acceptable method of payment) details either on Our Website or over the telephone. In no circumstances will Hardware be delivered or Services performed until payment in full has been received. If payment is refused by Your credit/debit card company, then Your order will automatically be cancelled.
9.3 All payment details supplied will be held confidentially and We will take all reasonable care, as far as it is in Our power so to do, to keep all such details confidential. Unless We are negligent as regards the maintenance of that confidentiality in Your personal details, We do not accept liability for any loss suffered as a result of any third party obtaining unauthorised access to any data You provide when accessing or ordering from Our Website or over the telephone.
9.4 Payments for the Services may be made by You on an annual, monthly or quarterly basis as specified in the Schedule of Contract Details. Payment shall automatically become due by way of instalment unless the Contract is cancelled by You or Us under Condition 17. The following shall apply in relation to payment:
- (a) If You elect to pay on a monthly basis each monthly payment will be payable one (1) month in advance of the provision of Services to You. The first monthly payment will be due when We receive Your completed Schedule of Contract Details and all subsequent payments will be due monthly on the date that the Services are provided to You (in the case of Broadband Services this will be on the monthly anniversary of the date on which Your Broadband Services start);
- (b) if You elect to pay on a quarterly basis each quarterly payment will be payable in advance of the provision of Services to You. The first quarterly payment will be due when We receive Your completed Schedule of Contract Details and all subsequent payments will be due quarterly (in the case of Broadband Services this will be on the quarterly anniversary of the date on which Your Broadband Services start);
- (c) If You elect to pay on an annual basis Your annual payment will be payable in advance of the provision of Services. The first annual payment will be due when We receive Your completed Schedule of Contract Details and all subsequent payments will be due annually on the date that the Services are provided to You (in the case of Broadband Services this will be on the annual anniversary of the date on which the Broadband Services start). We will accept payment by way of bank cheque if You elect to pay on an annual basis.
9.5 If the Contract between You and Us ends all outstanding payments due to Us shall become due and payable immediately.
9.6 If You do not pay Us on or before the due date for payment then all sums owing to Us shall become due and payable immediately and, without prejudice to any other right or remedy We may have We may cancel or suspend Our performance of the Services until arrangements as to payment or credit have been established in a way that is satisfactory to Us;
- 10. WARRANTY OF QUALITY OF SERVICE
10.1 If You establish to Our reasonable satisfaction that the Services have not been performed with reasonable care and skill, then We may at Our option;
- (a) re-perform such Services; or
- (b) issue You a full or partial refund.
10.2 We shall not be liable under the warranty at Condition 10.1 above:
- (a) if You have not notified Us of the problem or defect within a reasonable time scale in respect of any defect arising from negligence, abnormal working conditions, or failure to follow Our instructions;
- (b) if the total price for the Services has not been paid by the due date for payment; or
- (c) for any Services provided in accordance with specifications, instructions or recommendations issued by You;
10.3 We will, so far as is reasonably possible, provide the Broadband Services in accordance with the description of the Services but We are unfortunately unable to make any guarantee, warranty or representation in respect of the speed or quality of the broadband Services due to the nature of wholesale broadband (and the fact that it is supplied by a third party).
- 11. LIABILITY AND INDEMNITY
11.1 Nothing in these Conditions excludes or limits Our liability for any matter which would be illegal for Us to exclude or attempt to exclude Our liability including for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation.
11.2 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Services under this Contract shall be limited to the price paid by Your for the Services or the Hardware.
11.3 The basis on which the Broadband Services are provided to You is that We provide the necessary line to allow You broadband access but You are responsible for the transmissions up and down that line and We have no liability for loss or damage arising from such transmissions (unless this arises as a result of Our negligence) including but not limited to loss or damage arising from:
- (a) a system failure;
- (b) a delayed, contended, intermittent or slow Broadband Service;
- (c) a failure of virus protection systems or a computer virus;
- (d) a breach of third party copyright or other intellectual property rights;
- (e) denial of service attacks; and/or
- (f) spam or other malicious content.
11.4 We shall not be liable to You for any loss or damage where:
- (a) such loss or damage could not have been foreseen even if We had taken all reasonable care;
- (b) any financial losses which happen as a side effect of the main loss or damage and which could not have been forseen by Your or Us;
- (c) there is no breach of a legal duty of care owed to You by Us or by any of Our employees.
11.5 You are solely responsible for any liability arising out of any content provided by You and/or any material to which other users can link through to such content.
- 12. SERVICE USE AND CUSTOMER WARRANTIES
12.1 We shall have no responsibilities or obligations in respect of the creation, uploading, maintenance and design of all information on any website set up by You on Our web server.
12.2 You agree that:-
- (a) any information inserted by You onto any website on Our web server will not include information which is, or the accessing of such information is, unlawful;
- (b) all necessary licences, permissions and consents (including those from owners of copy rights or performing rights) have been obtained;
- (c) You will comply with all relevant legislation, instructions or guidelines or best practice recommendations issued by regulatory or governmental authorities relevant licences and any other codes of practice which relate to the Services and which apply to You or are notified to You by Us;
- (d) You are the owner of or that You have permission from the owner to use any registered or unregistered trademark used in connection with the Services provided under this Contract;
- (e) You will not knowingly or recklessly post, link to or transmit:-
- (i) any material that is unlawful, threatening, abusive, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way; or
- (ii) any material containing a virus or other hostile computer program;
- (iii) any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction.
12.3 We are entitled at Our option, to remove any data immediately from Our Website or any other website or mail server or to withdraw the provision of Services where You are misusing the Services provided.
12.4 You must ensure that any name You use does not infringe the rights of any third party.
12.5 You must not allow third party use of the Services provided under this Contract.
12.6 You will ensure that any website related to the provision of Services under this Contract contains Your full contact details, including but not limited to Your address, electronic address and contact telephone number, in a clear and legible form.
- 13. DOMAIN NAMES
13.1 The following applies in relation to Services:
- (a) if We accept a request to register a domain name made by You We will use reasonable endeavours to ensure successful registration but will in no circumstances be obliged to accept any request to register or to process any registration of a domain name;
- (b) with regard to any request accepted by You under Condition 3.1(a) above the extent of Our obligations shall be to forward the registration application to the relevant name and authority and to provide reasonable administration services in relation to the registration application;
- (c) We make no warranty or representation in relation to the likely success of any domain name application;
- (d) We are not responsible for checking the details on any domain name documents;
- (e) You shall at all times comply with the terms and conditions for the registration of domain names from time to time published by the relevant naming authority;
- (f) We reserve the right to change the registry with which a domain name is held;
- (g) We reserve the right to suspend the use of a domain name in the event of a dispute in respect of entitlement to the domain name.
- 14 SECURITY
14.1 You will ensure that any passwords given to You for the purpose of accessing or using the Services remain confidential at all times and that there is proper use of all passwords relating to the Services to which they apply.
14.2 You are entirely responsible for maintaining the confidentiality of your password and account. You will inform Us immediately if You have 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.
14.3 In the event of an actual or potential breach of security or a misuse of any of the Services We may change the password for that relevant Service and notify You accordingly.
14.4 You will comply with any security checks We may operate to ensure the integrity of the Services We provide.
14.5 If any of the information provided upon registration by You changes, You agree to inform Us immediately of those changes.
14.6 You confirm that the information supplied by Us on the registration form is accurate and complete.
- 15. FORCE MAJEURE
We shall have no liability to You under the Contract if We are prevented from, or delayed in, performing Our obligations under the Contract or from carrying on Our business by acts or events, beyond Our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, problems with the Internet, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, accident, breakdown of plant or machinery, fire, flood, storm or inability or delay in supplies of adequate or suitable materials.
- 16. BREACH OF CONDITIONS
16.1 We shall investigate any suspected or alleged breach of this Contract or any suspected compromise to Our network systems or security and in doing so will act reasonably and fairly at all times.
16.2 Without limitation, particular examples of breaches which are incapable of remedy include jeopardising or compromising the security or integrity of Our network including, posting or transmission of defamatory content through or in connection with the Service.
16.3 You expressly authorise Us to use Your personal data and other account information, without limitation, in connection with any such investigation, including by disclosing it to any third party whom We consider has a legitimate interest in any such investigation or its outcome or to any third party to whom We are legally obliged to disclose.
16.4 If We decide that You have breached this Contract, We will use reasonable endeavours to give You twenty eight (28) days notice of Our intention to suspend or end the Service and, if the breach is capable of remedy You will have the opportunity to remedy the breach before the end of the twenty eight (28) day notice period.
16.5 If the breach is incapable of remedy or You fail to remedy it, We reserve the right to suspend the Service or terminate the Contract at Our sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigation and dealing with the misuse and/or blocking access to any component(s) of the Service.
- 17. SUSPENSION/CANCELLATION
17.1 We reserve the right to suspend the Services or terminate the Contract without notice to You and without giving You a refund in the event that We, acting reasonably consider that You have made inappropriate use of the Service or otherwise seriously breached these Conditions.
17.2 Either We or You may terminate the Contract at any time by giving at least seven (7) days' written notice to the other, the price for the Services will be fully payable during this notice period.
17.3 If this Contract is brought to an end, in accordance with Condition
17.2, We will refund all prepayments made in respect of full billing months where the Services are not or have not been provided to You for any part of that month. Payments which have been made in respect of billing months where the Services have been provided for any part of that month will not be refunded. For the purposes of this Condition a "billing month" starts from the day in the month (e.g. 15th) on which the Broadband Services commenced and ends the day before each successive anniversary of that day (e.g. the 14th of the next month).
17.4 We may also suspend the Services or terminate the Contract immediately without notice to You and, in the case of Conditions
17.4(b) to
17.4(e) inclusive, without giving You any refund if any of the following occurs:- (a) We are precluded from providing the Service by law or by the decision of any competent judicial, governmental or regulatory body; (b) You provide false, inaccurate or misleading information for the purpose of using the Service; (c) You fail to pay any sum due to Us when it falls due, and have not made payment within seven (7) days of the due date; (d) You become bankrupt or are unable to meet Your debts as they fall due; (e) We, acting reasonably, decide that any event has occurred which adversely affects Your ability to pay any sum due to Us as and when it falls due, or otherwise to perform Your obligations under the Contract; (f) Your death.
- 18. COMMUNICATIONS
18.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or sent by electronic mail:
18.2 Communications addressed to Us shall be marked for the attention of the [directors].
- 19. VARIATION
19.1 We reserve the right to add to and/or amend the Conditions.
19.2 Upon any variation, We will send to You a letter or an electronic mail advising of the variation at least seven (7) days before the variation is to take effect.
- 20. GENERAL
20.1 Each right or remedy of Ours under the Contract is without prejudice to any other right or remedy of Ours whether under the Contract or not.
20.2 If any provision of the Contract is found by any court, or other body of competent jurisdiction to be wholly or partly illegal or unenforceable that provision shall be deemed severable and this will not affect the validity of the remaining provisions of this Contract.
20.3 Failure or delay by Us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of Our rights under the Contract.
20.4 The parties to the Contract do not intend that any term of the Contract shall be enforceable by any person who is not a party to it.
20.5 This contract will be governed by English Law and will be subject to the exclusive jurisdiction of the English Courts.
