TERMS AND CONDITIONS OF BUSINESS - May 2011INTERPRETATIONIn these terms and conditions of business (‘the Terms’) the following expressions shall be given the following meanings: Cashen Diverse Solutions or CDS refers to the trading name of the partnership of D P Austin and P R Phelps Act means the Data Protection Act 1998 (and the Data Protection Act 1984 where applicable). The Company or ‘The Client’ means the business or individual identified as such in the Contract or business transaction. The “User” is a business or individual that uses or access any of the CDS Services including email and CDS Modules. Contract means the contract formed between Cashen Diverse Solutions and the Client/Company for the supply of requested service(s). A Contract is defined as "An exchange of promises between two or more parties to do, or refrain from doing, an act, which resulting contract is enforceable in a court of law. It is a binding legal agreement. That is to say, a contract is an exchange of promises for the breach of which the law will provide a remedy." Personal Data means such data as defined in section 1(1) of the Data Protection Act 1998 (and the Data Protection Act 1984 where applicable); All and any business undertaken by Cashen Diverse Solutions is transacted subject to these Terms, all of which shall be incorporated in the Contract. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed in writing by D P Austin or P R Phelps. No variation in these Terms shall be valid if made without the written consent of D P Austin or P R Phelps. The complete or partial invalidity or unenforceability of any provision herein for any purpose shall in no way affect the validity or enforceability of such a provision for any other purpose or the remaining provisions. Any such provision shall be deemed to be severed for that purpose subject to such consequential modification as may be necessary for the purpose of such severance. These Terms dated 01/05/2011 supersede all previous terms and conditions of business issued to the Company or Client by Cashen Diverse Solutions or any related trading names and contains the entire agreement between the parties. PRIVACY STATEMENTInformation collected by Cashen Diverse Solutions in any form is used only by Cashen Diverse Solutions and is not passed on to third parties unless requested or in cases where third party assistance is required to complete a requested procedure or provision of information. By ordering from, using the website or requesting quotes/information from Cashen Diverse Solutions you understand this and agree to our terms and conditions. Your data may be stored by our ISP on behalf of Cashen Diverse Solutions or stored by Cashen Diverse Solutions for future reference If you do not wish Cashen Diverse Solutions to use your data in this way you can let us know by contacting us at sales@diverse-solutions.co.uk. CDS are not responsible for any incorrect information and consequences as a result of incorrect information EXTERNAL LINKS PRIVACY STATEMENTCashen Diverse Solutions website contains links to other sites. We are not responsible for the privacy practices nor the content of these sites. CASHEN DIVERSE SOLUTIONS – ALL SERVICES AND PRODUCTSINTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS1) You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations in respect of your Web Site content or any material or product provided by or produced by Cashen Diverse Solutions containing third party material. INDEMNITY2) You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of our web server or any of our services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business. TERMINATION OF ACCOUNTS 3) CDS may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. 4) CDS may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt. 5) On termination of the agreement CDS shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit. PAYMENT6) All charges payable by the Client/Company to Cashen Diverse Solutions shall be due and payable immediately on receipt of our invoice. Standard payment terms are currently 30 days from date of invoice issue. 7) Under the Late Payment of Commercial Debts (Interest) Act 1998, CDS reserve the right to apply penelties AND interest charges to any overdue invoice(s). 8) The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you. VAT9) VAT is charged at the current UK VAT rate. All prices exclude VAT unless otherwise stated. DEPOSIT PAYMENTS10) CDS reserve the right to charge a percentage deposit payment prior to begining any agreed work. LIMITATION OF LIABILITY11) CDS hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services supplied under this agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose. 12) Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising. 13) In no event shall CDS be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. CASHEN DIVERSE SOLUTIONS - WEB HOSTING, EMAIL SERVICES AND RELATED SERVICES1) Cashen Diverse Solutions specifically excludes any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. 2) You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Cashen Diverse Solutions or submitted to Cashen Diverse Solutions including without limitation information in the Cashen Diverse Solutions website or any related service site provided by Cashen Diverse Solutions and in all other parts of Cashen Diverse Solutions Services. 3) You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that: a) you will not, nor will you authorise or permit any other party to use the Server in violation of any law or regulation, b) you will not knowingly or recklessly post, link to, submit links 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. 4) CDS will take all reasonable steps to ensure accurate and prompt routing of email messages but CDS will not accept any liability for non-receipt or misrouting or any other failure of email or related services. 5) You warrant, undertake and agree that you will keep secure any identification, password and other confidential information relating to your account and you will notify CDS immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. 6) Whilst every attempt is made to ensure a secure environment CDS does not guarantee that the Server will be free from unauthorised users or hackers. 7) CDS reserves the right to restrict client FTP access. SERVICE AVAILABILITY8) We shall use reasonable endeavour’s to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server. SOFTWARE AND WEB BASED SERVICES9) CDS shall use reasonable endeavours to provide reliable and robust web based applications services but shall not, in any event be liable for but not exclusive to website or web service downtime, system errors, application or software errors. 10) None of the commercially available anti-virus programmes offers 100% virus protection. This is due in part to the number of viruses in circulation, and also to the fact that new viruses are constantly appearing for which the appropriate protection has to be developed. It is the responsibility of the user to exercise caution when using email or other services where viruses may pose a risk. 11) CDS make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. CDS cannot guarantee correct functionality with all browser software across different operating systems. SERVICE CONTRACT12) All domain registrations, hosting and email services are provided as a 12 month contract unless otherwise stated. CDS MODULES13) All CDS Modules remain the property and copyright of Cashen Diverse Solutions and are provided as a service on a 12 month basis unless otherwise specified. CDS Modules Include but are not limited to:
14) It is the responsibility of the user to ensure safe and sensible use of any CDS Services. Any service usage or CDS Module content added that is deemed by CDS to be unsafe or unsuitable will be removed. Continued abuse will result in service termination. SEO (Search Engine Optimisation)15) Search Engine Optimisation (SEO) is subject to the individual agreement reached with each client. 16) SEO is controlled by many factors which are outside the direct control of CDS. Therefore no reputable SEO company can guarantee particular results. A website's ranking with a particular Search Term will rely on both the relevancy of that term on your pages, and the popularity of that term on other websites. Only agreed "Keywords" or "Keyphrases" can be targeted by the SEO services provided by CDS. LAWThese terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts. ENTIRE AGREEMENTThese terms and conditions together with any document expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. |
