Instant Net Terms and Conditions
1. General
(a) Unless otherwise expressly stated by the company in writing, all
quotations are made and orders accepted on the following terms and
conditions and on the terms and conditions contained in any licence under
which any Goods are supplied.
(b) In these conditions:
(i) "Company" means Computer Experts (International) Ltd;
(ii) "Customer" means any person with whom the Company enters
into an agreement subject to the conditions;
(iii) "Contract" means any agreement made subject to these
conditions;
(iv) "Goods" means the subject matter of the contract, or any
part thereof
2. Other Printed or Standard Conditions
These Conditions, in conjunction with the accompanying Licence
Agreement and/or Reseller Agreement; constitute the entire
understanding of the parties and shall apply to the contract to the
exclusion of any other contractual terms and conditions and no
contractual terms or conditions contained in any document sent by the
Customer to the Company shall be of any effect with respect to the
contract unless expressly accepted by the Company in writing. These
Conditions may not be varied or waived except with the express written
agreement of the Company. In the event of any conflict between these
terms and the Licence Agreement and or Reseller agreement, the Licence
Agreement and/or the Reseller Agreement prevail.
3. Orders
(a) The Company reserves the right to accept or refuse orders.
(b) Orders only become binding on the Company when expressly accepted
by the Company. The holding, banking, negotiation or other use of any
deposit shall not constitute acceptance by the Company of an order.
(c) The Company may terminate or suspend delivery under the contract
without notice in the event of any failure by the customer to observe
or perform any of its obligations under any agreement (including the
Contract) between the Customer and the Company or if it appears to the
Company that the Customer will or is likely to fail to observe or
perform any such obligation.
(d) Any sample submitted with the Company's quotation remains the
property of the company and is returnable at the request of the
Company.
(e) Orders must by accompanied by sufficient information to enable the
Company to proceed with the order forthwith.
(f) The Customer shall have no right to cancel the order unless the
Company expressly agrees in writing to the cancellation.
4. Rejection
If no written notice is received by the Company within fourteen
days of delivery of the Goods to the Customer the Goods shall be
deemed to be accepted by the Customer as in good order and in
conformity with the Contract. The Customer shall have no right to
reject Goods and no claims will be accepted thereafter.
5. Time of Delivery or Performance
(a) The CompanyCompany undertakes to complete the
web-site 24 hours after receipt of the prescribed forms as specified.
(b)The Company will use it's reasonable endeavours to comply with
the agreed delivery of the service but any failure to meet this date
shall not constitute a breach of this Agreement and in particular
without limitation the Company will not be responsible for delays
caused by
(i) Data carriers or telephone
companies providing access circuit
(ii) Any default of the Customer
(iii) The management of the Customer's premises
(iv) Any failure beyond the control of the Company
(c) The Company reserves the right to make deliveries in instalments,
as to which the Contract is severable. Late or non- delivery of any
instalment shall not relieve the Customer's obligation to pay for
and accept deliveries of remaining instalments.
6. Payments
(a) Initial payment for the web pages is due in full on receipt of the
order form.
(b) The annual fee for the hosting of the web site will be deducted in
monthly instalments.
(c) Any other purchases will be payable seven days from the invoice date.
7. Terms and Termination
This agreement shall be effective for a period of one year and will
be automatically extended annually. The Customer can end this Agreement
by giving the Company at least two months notice in writing.
The Company may terminate the Agreement forthwith or withdraw or suspend
the Service(s) hereunder at any timer upon:
*any breach of the Customer to pay undisputed amounts in accordance with
this Agreement
*Any breach by the Customer of any material provision of this agreement
continuing for thirty calendar days after receipt of notice thereof.
Any termination shall not relieve the Customer of its obligation to pay
any charges incurred hereunder prior to such termination. The Parties'
right and obligations, which by their nature would extend beyond the
termination, cancellation or expiry of this Agreement, shall survive
upon such termination, cancellation or expiry.
8. Acceptable Use Policy
The Services may not be used to send or receive any material which is
offensive, abusive, indecent, obscene or menacing; or in breach or
confidence, copyright, privacy or any other rights, or to knowingly send
or receive any material, including computer viruses or pornography,
which transgresses any laws of the United Kingdom, whether Civil or
Criminal.
9. Warranty
The Company warrants the Goods in accordance with the warranty stated
in the applicable Licence Agreement and/or Reseller Agreement and all
warranty exclusions stated therein. The Company makes no warranty as to
hardware or software supplied by third parties and shall not be
responsible for service or support of any product not originating with
the Company or it's affiliates
10. Exclusion of Liability
(a) Insofar as is permitted by law and save insofar as the Company
has expressly undertaken liability under clause 9 or in the Licence
Agreement and/or Reseller Agreement, all express and implied conditions
and warranties statutory or otherwise as to the quality or fitness of
materials used, Goods supplies, work or design done, services performed
or any matter are hereby excluded.
(b) Insofar as is permitted by law and save as otherwise accepted
under the Licence Agreement and/or the Reseller Agreement, the Company
shall be under no liability whatsoever for any injury, loss or damage
suffered by the Customer however caused, including by negligence of the
Company, it's servants or agents, or arising in any other matter
whatsoever. No limitation applies to death or personal injury caused by
negligence.
11. Force Majeure
Without prejudice to the generality of the Conditions, the Company
shall not be liable for any failure on its part to perform any of it's
obligations where such failure is due to circumstances beyond the direct
control of the Company. In the event of such failure the Company may
terminate the contract without liability to the Customer.
12. Law
The Contract is governed by and shall be interpreted in accordance with
English Law.
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