Website Design Terms and Conditions
This page was last updated: 25th January 2010
This page (together with our Terms and Conditions of Supply, our Acceptable Use Policy, our Privacy Policy and any other document referred to on it)
tells you the Terms and Conditions on which we supply our Website Design Services described on Our Website or in a written proposal to you.
Please read these Terms and Conditions carefully before ordering any Services from our website or by any other form of communication
directly to Regent Internet. You should understand that by ordering any of our Services, you agree to be bound by these Terms and Conditions.
Please read through these Terms and Conditions carefully and print a copy for future reference.
1 DEFINITIONS
1.1 In these Terms and Conditions the following words and expressions shall have the following meanings:
1.1.1 "Acceptance Confirmation" means:
1.1.1.1 for Web Hosting and Domain Name registration and renewal, defined in Clause 32.1 of our Terms and Conditions of Supply;
1.1.1.2 for Website Design service, a written confirmation from Regent Internet to the Customer that the Customer Order has
been accepted and work has commenced on the Customer Website;
1.1.1.3 for Additional Services, will be specified in separate terms and conditions related to the specific service. If no
such terms and conditions exist, or no such definition exists in the aforementioned terms and conditions, the Acceptance
Confirmation will be Regent Internet's written confirmation that it will provide the related service.
1.1.2 "Acceptable Use Policy" means the Regent Internet Acceptable Use Policy as listed at
http://regentinternet.com/shop/acc_use_policy.shtml at any time;
1.1.3 "Contract" means the Customer Order and these Terms and Conditions (and any other document referred to on them);
1.1.4 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.5 "intellectual property rights" means patents, trademarks, design rights, applications for any of the foregoing,
copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or
obligations, whether registrable or not in any country;
1.1.6 "Material" is defined in Clause 4.2;
1.1.7 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.8 "ISP" stands for internet service provider;
1.1.9 "Privacy Policy" means the Regent Internet Privacy Policy as listed at
http://regentinternet.com/shop/privacy-policy.shtml at any time;
1.1.10 "Schedule" means an additional document from Regent Internet which forms a binding extension of these
Terms and Conditions, such Schedules to include, but not limited to:
1.1.10.1 Customer Website Specifications;
1.1.10.2 Services;
1.1.10.3 Proposal;
1.1.10.4 Fees/Costs.
1.1.11 "server" means the computer server equipment operated by Regent Internet in connection with the provision of the
Services;
1.1.12 "the Services" are defined in Section 3;
1.1.13 "spam" means sending unsolicited and/or bulk emails;
1.1.14 "Specifications" means:
1.1.14.1 for Web Hosting and Domain Name registration and Renewal, defined in our Terms and Conditions of Supply;
1.1.14.2 for Website Design service, a Schedule to these Terms and Conditions;
1.1.14.3 for Additional Services, will be specified in separate terms and conditions related to the specific service.
1.1.15 "Terms and Conditions of Supply" means the Regent Internet Terms and Conditions of Supply as listed at
http://regentinternet.com/shop/terms.shtml at any time;
1.1.16 "virus" means a computer programme that copies itself or is copied to other storage media, including without
limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys,
alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes
without limitation computer programs commonly referred to as "worms" or "Trojan horses".
1.2 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all
genders.
1.3 The headings of the paragraphs of these Terms and Conditions are inserted for convenience of reference only and are not
intended to be part of or to affect the meaning or interpretation of these Terms and Conditions.
1.4 All references to regentinternet.com are deemed to also include regentinternet.co.uk and should be read as such. For the
purposes of these terms, our site includes all subdomains including but not limited to www and support ("Our Website").
2 INTRODUCTION
2.1 The Customer has asked Regent Internet to develop a website for them ("Customer Website") and make it accessible via the
Internet, and provide associated products and services.
2.2 Regent Internet provides website design, web hosting and domain name registration services and has agreed to develop the
Customer Website for the Customer upon the following Terms and Conditions.
3 SERVICES
3.1 The Services to be provided will be specified in the order from the Customer ("Customer Order") and can include any, or
all, of the following:
3.1.1 The design of the Customer Website based on information and data supplied by the Customer. To design and draft the
Customer Website suitable to be placed by Regent Internet on the Internet or a computer located at the Customer's premises
("Website Design");
3.1.2 If required, Regent Internet will host the Website and the Customer will be bound by our Terms and Conditions of Supply
and our Acceptable Use Policy and any documents referred to on these ("Web Hosting"). The Customer commits to all costs,
including, but not limited to, activation or monthly or annual fees for the Web Hosting, as specified in our Terms and
Conditions of Supply;
3.1.3 If required, Regent Internet will register a domain name for the Customer ("Domain Name"), in the Customer's name,
with an industry-appropriate registrar. The Customer will have ownership of the Domain Name. The Customer will be bound by
our Terms and Conditions of Supply and commits to all costs, including, but not limited to registration or renewal fees
for the Domain Name, as specified in our Terms and Conditions of Supply;
3.1.4 Any other Services not expressly covered in this Clause 3 ("Additional Services") will be subject to their own separate
terms which will be agreed with the Customer prior to commencement of the service. Such Additional Services include, but
are not limited to, Search Engine Optimisation, Programming and/or Database Build, Postcode Address Matching, Print
Optimisation, Mobile Device Optimisation, General Consultation and/or Subcontracting. Any such terms delivered to the
Customer will be in addition to these Terms and Conditions, not a replacement of, and if any conflict exists, these Terms
and Conditions shall prevail. In the event Regent Internet does not provide separate terms for the Additional Services
mentioned in this Clause either by publication on its website, or directly to the Customer, the terms of this document
still apply in full force to these Additional Services. The Customer accepts it has a responsibility to seek terms for the
Additional Services mentioned in this Clause prior to ordering them.
3.1.5 Regent Internet agrees to hire/purchase third-party services/products, and any others necessary for the performance of
the Services on behalf of the Customer. The Customer is responsible to any and all third parties for payment to same for
their respective services. Towards that end, Regent Internet will obtain said services on the Customer's behalf and the
Customer shall reimburse Regent Internet, in full, for such costs. The Customer shall indemnify and otherwise hold Regent
Internet harmless from any liability or fees caused by any such third-party service providers;
3.1.6 Regent Internet may, or the Customer may request Regent Internet to, list the agreed Services in a Schedule to these
Terms. In these circumstances, such Schedule shall define the Services in totality and shall be a binding extension to
these Terms and Conditions, irrespective of the Services specified in the Customer's order. In the absence of such
Schedule, the Services shall be defined by the Customer's order.
4 DUTIES
4.1 Regent Internet shall provide to the Customer the Services specified in the Customer Order, or if it exists, a Schedule
to these Terms and Conditions, subject to the following Terms and Conditions. Except for Services that must be performed
on or with the Customer's computers or service, Regent Internet shall provide data and information used in performing the
Services described in these Terms and Conditions.
4.2 The Customer is responsible for supplying any textual materials to Regent Internet to be included on the Customer
Website. Text is to be submitted electronically and in editable format such as ASCII or Word. The Customer shall provide
content for the Customer Website, such as in the form of information, images and text within fifteen (15) days of Regent
Internet's request and all such content to be provided within sixty (60) days of Regent Internet's request. In the event
the Customer does not provide content as identified above, Regent Internet will nevertheless continue with the Customer
Website development to its completion. The Customer shall not withhold Website Design approval because of the lack of its
own provision of content. All data and information provided by the Customer to Regent Internet, whether textual, image or
any other type, shall be referred to in these Terms and Conditions as the "Material".
5 CONSULTATION SERVICES
5.1 Regent Internet agrees to act as consultant and to advise the Customer with respect to the development of the Services.
The Customer agrees that any written or oral consultation provided by Regent Internet is advisory, involving Regent
Internet's judgement based on education and experience, and that there is no guarantee of any particular result from the
consultation.
6 INDEPENDENT CONTRACTOR STATUS
6.1 The Customer agrees that Regent Internet shall act as an independent contractor. Regent Internet, or any of its
employees, are not to be deemed an employee of the Customer. The Customer retains the right to exercise final judgment
with respect to the ultimate development of the Services and has responsibility for such development, although the details
of the Services shall be within the discretion of Regent Internet.
7 CHARGES AND PAYMENT
7.1 The price of any Services will be as quoted on Our Website from time to time, except in cases of obvious error. If the
price of any individual Service is not listed on our website, such as the Customer Website, the price will be determined
by a Regent Internet Proposal ("Proposal") to the Customer. The Proposal will be delivered in writing, including
electronic means such as email, and will be valid for thirty (30) days only. The Proposal will constitute a binding
extension of these Terms and Conditions.
7.2 The total cost of your order of the Services will be set out clearly in the Proposal before you submit your order for
the Services.
7.3 With regards to Web Hosting and Domain Name services, we draw the Customer's attention to Clause 4 of our Terms and
Conditions of Supply which deals with price changes for these specific services.
7.4 Our Website contains the details of a large number of Services and it is always possible that, despite our best efforts,
some of the Services listed on Our Website may be incorrectly priced. Where a Service's correct price is less than our
stated price, we will charge the lower amount when accepting your order. If a Service's correct price is higher than the
price stated on Our Website, we will normally, at our discretion, either contact you for instructions before accepting
your order, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have accepted
your order, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a
mis-pricing.
7.6 Payment methods for Web Hosting and Domain Name services include credit cards (including MasterCard and Visa) and debit
cards (including Switch/Maestro) only. Website Design and Additional Services can also be paid for by cheque and bank
transfer.
7.7 Regent Internet does not accept postal orders, cash or any other form of payment other than those outlined in 7.6.
7.8 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
7.9 Regent Internet shall be entitled to charge interest in respect of late payment of any sum due under these Terms and
Conditions, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate
of 8% per annum above the base rate of the Bank of England from time to time in force.
7.10 Regent Internet does not provide credit facilities.
7.11 From time to time Regent Internet may make enquiries on the Customer's company, proprietor or directors of the
Customers' company with credit reference agencies. These agencies may record that a search has been made and share this
information with other businesses.
7.12 Pro-rata refunds will not be issued for Services that are cancelled before their expiry date.
7.13 Should your chosen payment method fail Regent Internet will attempt to settle your invoice using any other payment
facilities available on your account.
7.14 All Services will renew until cancelled by the Customer. Regent Internet emails the Customer's primary email address
prior to renewal of Services ("Reminder Email"); it is the Customer's responsibility to cancel Services prior to renewal
as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed
if they wish to cancel that service. The cancellation process must be fully completed by you before your account is
cancelled. The Customer accepts that the provision of a Reminder Email is not guaranteed and such lack of provision cannot
be deemed to be a waiver of the Customer's cancellation obligations under these Terms and Conditions.
7.15 Regent Internet shall be paid a fee for the Customer Website service and such fee will be specified in the Proposal.
This fee is payable in three equal instalments. The first instalment will be invoiced once Regent Internet has accepted
the Customer's order. The second instalment will be invoiced following the Customer's approval of a draft release
candidate/pilot provided by Regent Internet. The third instalment will be invoiced once the final Customer Website is
approved by the Customer and made available by Regent Internet on the Internet. Such invoice/payment dates will be
confirmed in a Schedule to these Terms and Conditions which will become a binding extension of these Terms and Conditions.
Such invoice/payment dates can only be varied by a new Schedule from Regent Internet in writing.
7.16 The Customer agrees to make payment on each invoice and payments are within fourteen (14) days of the invoice date.
The failure of the Customer to make payment on any invoice within fourteen (14) days of the Invoice Date shall be cause
for Regent Internet to terminate this Contract.
7.17 Any changes to the Specifications that result in extra time incurred above and beyond the original Specifications will
be billed in addition to the above. Such additional charges to be agreed by the Parties in advance of being invoiced.
7.18 The Customer shall additionally reimburse Regent Internet for expenses that are reasonably incurred by Regent Internet
in the performance of these Terms and Conditions upon the presentation of invoices for same, including but not limited to
mileage and accommodation costs.
8 CONFIDENTIALITY
8.1 Regent Internet agrees that all confidential information ("Confidential Information") communicated to Regent Internet
with respect to the Services, including any Confidential Information gained by Regent Internet or its representatives by
reason of association or employment with the Customer or its associates is confidential. The Customer shall make
reasonable efforts to mark as confidential any materials to be protected pursuant to this paragraph. Regent Internet
promises and agrees that Regent Internet shall not disclose any Confidential Information to any other person unless
specifically authorised in writing by the Customer to do so, except to the extent disclosure is required by an order
from a court of competent jurisdiction or such information is already in the public domain. Regent Internet shall use its
best efforts to prevent inadvertent disclosure of any Confidential Information to any third party. The Customer agrees
that Regent Internet may utilise the Customer Website in its promotional materials and brochures, and may but is not
required to include a link to the Customer Website in Regent Internet's website or in any other page designed by Regent
Internet.
8.2 The Customer hereby agrees that all documents, specifications and all other information, of whatever kind or nature,
that are related to the development of the Customer Website herein (the "Confidential Information") are trade secrets of
and having significant value to Regent Internet and which therefore are the intellectual property of Regent Internet. The
Customer shall not, at any time during or after the term of this Contract, without Regent Internet's prior written
consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the
Confidential Information. Not included in the definition of "Confidential Information" is any information that can be
observed by the public on Our Website when each page of Our Website is accessed.
9 REGENT INTERNET LOGO/COPYRIGHT INFORMATION
9.1 The Customer hereby agrees that Regent Internet may place a link consisting of Regent Internet's logo and copyright
information, if any, on each and every page of the Customer Website.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 You, or your licensor, retain all intellectual property rights in your Material, and you grant to us a worldwide,
non-exclusive, royalty free licence to use, store and maintain your Material on our servers and publish your Material on
the Internet for the purpose of providing the Services to you. You warrant that your Material does not infringe the
intellectual property rights of any third party and you have the authority to grant the licence in this Clause 10.1 to us.
We may make such copies as may be necessary to perform our obligations, including making back-up copies of your Material.
10.2 You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and
costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use
of the Services or of any claim or action that your Material infringes, or allegedly infringes, the intellectual property
rights of a third party.
10.3 If you download software we own from Our Website, we grant you a non-exclusive, non-transferable royalty free licence
to use that software for the purpose set out on Our Website in relation to that software. Such licence will automatically
terminate when we stop providing the Services to you.
10.4 Regent Internet owns a range of software and source code ("Coding Libraries") that it has developed for its own use
and may be used in the development of the Customer Website. The Proposal or Contract will specify whether such Coding
Libraries are to be used in the development of the Customer Website and if they are, the following terms will apply:
10.4.1 We retain all intellectual property rights in the Coding Libraries;
10.4.2 Regent Internet grants a non-exclusive and indefinite license to the Customer to use the Coding Libraries providing
all provisions of this Clause are complied with by the Customer at all times;
10.4.3 The Coding Libraries are subject, in the strictest terms, to the confidentiality provisions of these Terms and
Conditions and such Coding Libraries fall within the definition of Confidential Information;
10.4.4 The Customer shall not take copies of the Coding Libraries other than for legitimate backup/disaster recovery
purposes;
10.4.5 The Customer shall have an active Regent Internet Web Hosting account to use the Coding Libraries;
10.4.6 The Customer shall not upload, or permit to be uploaded, the Coding Libraries to any third party Web Hosting
provider;
10.4.7 The Customer shall not pass on, or permit to be passed on, the Coding Libraries to any third party; and
10.4.8 Any changes made by the Customer, or permitted to be made by the Customer, to the Coding Libraries, or any component
of the Coding Libraries, are strictly prohibited.
10.5 Any breach to any of the provisions in Clause 10.4 will constitute a major breach of this Contract and Regent Internet
shall be entitled to terminate this Contract and withdraw the license for the Coding Libraries in Clause 10.4.2 with
immediate effect, irrespective of the consequences to the performance of the Customer Website as a result of such an
action.
10.6 Should the Web Hosting service referred to in Clause 10.4.5 be terminated by the Customer, Regent Internet will
immediately withdraw the license for the Coding Libraries referred to in Clause 10.4.2 with immediate effect, irrespective
of the consequences to the performance of the Customer Website as a result of such an action. In such circumstances Regent
Internet shall be entitled to terminate this Contract.
10.7 For the avoidance of doubt, the Coding Libraries include, but are not limited to, content management systems developed
by Regent Internet and the Regent Internet Coding Libraries known as RIPower.
10.8 Should Regent Internet withdraw the Coding Libraries license referred to in Clause 10.4.2 and/or terminate this
Contract in line with Clauses 10.5 and 10.6, Regent Internet has no obligation to provide a copy of the Customer Website,
or any other Service, whether working or otherwise, to the Customer.
10.9 Should Regent Internet withdraw the Coding Libraries license referred to in Clause 10.4.2 and/or terminate this
Contract in line with Clauses 10.5 and 10.6, the Customer shall immediately delete all copies of the Coding Libraries
from any and all Web Hosting providers and its own computers. Regent Internet shall also be entitled to immediately delete
any copies of the Coding Libraries from the Regent Internet Web Hosting account of the Customer, irrespective of the
consequences to the performance of the Customer Website as a result of such an action.
10.10 Where Coding Libraries exist in the Customer Website, should the Customer wish to move the Customer Website to a third
party Web Hosting provider in contravention of Clause 10.4.5, Regent Internet may, at its absolute discretion, provide a
proposal to license its Coding Libraries or to redesign the Customer Website such that it is not dependent on the Coding
Libraries, to the Customer. Regent Internet has no obligation to do this and this Clause does not affect Regent Internet's
entitlements under Clauses 10.5 or 10.6. Such a proposal referred to in this Clause is deemed a change in Specification
and Clause 7.17 will apply.
10.11 Any third party software that you download from Our Website shall be licensed to you on the standard software licence
terms of the owner of the intellectual property rights in that third party software. It is the Customer's responsibility
to source such licence terms referred to in this Clause.
10.12 We retain all intellectual property rights in the Web Hosting service (other than in your Material) and our software
referred to in Clause 10.3. Accordingly, you must not decompile, disassemble or reverse engineer the Web Hosting service
or our software.
10.13 We will defend you against any claim that the Web Hosting service (but not materials stored or maintained on our
servers by third parties) infringe any United Kingdom intellectual property rights of a third party (other than
infringements referred to in Clause 10.2), and shall indemnify you for any amounts awarded against you in judgment or
settlement of such claims, provided that:
10.13.1 you give prompt notice of any such claim;
10.13.2 you make no admissions or settlements without our prior written consent;
10.13.3 you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense; and
10.13.4 we are given sole authority to defend or settle the claim.
10.14 In the defence or settlement of the claim, we may obtain for you the right to continue using the Web Hosting service,
replace or modify the Web Hosting service so that they become non-infringing or, if such remedies are not reasonably
available, terminate the Web Hosting contract with you without liability to you (in which case we will refund to you the
price you have paid on a pro-rata basis). We will have no liability to defend or indemnify you if the alleged infringement
is based on:
10.14.1 a modification of the Services by anyone other than us;
10.14.2 your use of the Web Hosting service in a manner contrary to our instructions or our Acceptable Use Policy; or
10.14.3 your use of the Web Hosting services after notice of the alleged or actual infringement from us or any appropriate
authority.
10.15 The foregoing states your sole and exclusive rights and remedies, and our entire obligations and liability, for the
infringement of any third party's intellectual property rights by the Services.
11 OWNERSHIP OF WORK PRODUCT
11.1 Regent Internet shall hold all right, title and interest in and to the Customer Website, specifically including by way
of illustration but without limitation the following:
11.1.1 All text, graphics, animation, audio components, photographs and digital components of the Customer Website not
provided by the Customer;
11.1.2 All interfaces, navigational devices, menus, menu structure or arrangements, icons, help and other operational
instructions and all of the components of any source or object computer code that comprises the Customer Website;
11.1.3 All expressions of ideas, whether literal or non-literal, that operate, cause, create, direct, manipulate, access or
otherwise affect the Customer Website; and
11.1.4 All other intellectual property of Regent Internet, including but not limited to all copyrights, patents or trade
secrets, or any component thereof.
11.2 The Customer shall refrain from any infringement of any kind or any other action that would in any way compromise
Regent Internet's ownership in the Customer Website, as described hereinabove. Notwithstanding, Regent Internet, upon
final payment by the Customer, grants an indefinite license to the Customer to use the Customer Website. However, Regent
Internet does not grant a license to the Customer to duplicate or resell anything provided by Regent Internet for the
Customer in the development or design of the Customer Website.
11.3 Notwithstanding the above, the Customer shall retain all right, title and interest in and to all of its intellectual
property rights in any text, images or other components it provided to Regent Internet for use in the development of the
Customer Website.
12 BACKUP OF YOUR MATERIAL
12.1 It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other
material you upload (or permit to be uploaded) onto our servers ("Live Material") as part of your use of the Web Hosting
service. In the event of loss of or damage to your Live Material, you will not be given access to the server back-up we
maintain pursuant to our archiving procedure.
12.2 We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our
servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our
servers (including your Live Material) from the latest back-up we maintained in accordance with our archiving procedure.
We will not be responsible for any loss, destruction, alteration or disclosure of your Live Material caused by you or any
third party.
13 ACCEPTABLE USE POLICY
13.1 The Customer acknowledges that the Regent Internet Acceptable Use Policy is attached to these Terms and Conditions and
agrees to be bound by its terms.
14 ALTERATIONS AND UPDATES
14.1 Website alterations and updates ("Alterations") are defined as minor changes to existing pages within the Customer
Website. This includes changes to text and navigation structure. For the avoidance of doubt this excludes, and such
exclusion is not limited to, creation of images, page/website redesign, creation of new pages and creation of new
functionality.
14.2 Following Customer approval of the final Customer Website and it subsequently being made available by Regent Internet
on the Internet, Regent Internet shall make Alterations to the Customer Website as requested by the Customer for a period
of three (3) months ("Initial Alteration Period") providing such Alterations comply with Clause 4.2, at no additional cost
to the Customer.
14.3 Either following the Initial Alteration Period, or where an Alteration request does not meet the definition of an
Alteration, Regent Internet will provide an additional proposal and terms and conditions to the Customer for their
acceptance. Such proposal may involve additional costs to the Customer which will be outlined in the proposal.
15 WARRANTIES
15.1 The Customer warrants and represents to Regent Internet that Regent Internet's use of the Material or any other data
or information in whatever form provided by the Customer in accordance with these Terms and Conditions will not infringe
the intellectual property rights of any third party and that the Customer has the authority to license such to Regent
Internet as set out in Clause 10.2.
15.2 All conditions, terms, representations and warranties that are not expressly stated in these Terms and Conditions,
whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation,
the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and
without prejudice to that generality, Regent Internet shall not be liable to the Customer as a result of any viruses
introduced or passed on to the Customer.
15.3 Regent Internet warrants that any materials provided by Regent Internet for use by the Customer pursuant to these
Terms and Conditions shall not contain any proprietary material owned by any other party for which that other party has
not given license to Regent Internet for use of same that is protected under Copyright Act or any other similar law.
Regent Internet shall be solely responsible for ensuring that any materials provided by Regent Internet pursuant to these
Terms and Conditions satisfy this requirement and Regent Internet agrees to hold the Customer harmless from all liability
or loss to which the Customer is exposed as a result of Regent Internet's failure to perform this duty.
16 INDEMNITY
16.1 The Customer agrees to indemnify and hold Regent Internet and its employees and agents harmless from and against all
liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against
Regent Internet arising out of any breach by the Customer of the terms of this Contract or other liabilities arising out
of or relating to the Customer Website.
16.2 The Customer shall indemnify and hold Regent Internet and its employees and agents harmless from and against all
liabilities, legal fees, damages, losses, costs and other expenses in relation to any part of the Customer Website, and
shall indemnify the Regent Internet from any losses, including but not limited to solicitor's fees and all other costs
related to such third-party claim whether or not in litigation that arises out of injury to said third party caused by any
product, service, and/or materials supplied to Regent Internet by the Customer for inclusion in the development of the
Customer Website.
17 OUR LIABILITY
17.1 We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow
to be transmitted, by virtue of the Web Hosting service.
17.2 Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail
or any other information transferred through the Internet or via any network provider and no guarantee or representation
is given that the Web Hosting service will be free from hackers or unauthorised users. You shall be liable for the content
of any emails transmitted by virtue of the Web Hosting service, for any material you upload to, or allow to be uploaded
to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the
Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder).
17.3 All conditions, terms, representations and warranties that are not expressly set out in these Terms and Conditions
(or the documents referred to in them) are hereby expressly excluded.
17.4 We do not exclude or limit in any way our liability:
17.4.1 for death or personal injury caused by our negligence;
17.4.2 under section 2(3) of the Consumer Protection Act 1987;
17.4.3 for fraud or fraudulent misrepresentation; or
17.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
17.5 We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential)
and whether they are caused by our negligence or otherwise:
17.5.1 loss of income or revenue;
17.5.2 loss of business;
17.5.3 loss of profits or contracts;
17.5.4 loss of anticipated savings;
17.5.5 loss of goodwill;
17.5.6 loss of software or data;
17.5.7 wasted expenditure (such as pay per click advertising costs); or
17.5.8 wasted management or office time.
17.6 Subject to Clause 17.4 and Clause 17.5, our maximum aggregate liability under or in connection with the performance or
contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no
circumstances exceed one hundred and ten (110) per cent of the price you have paid to us for the Services during the
twelve (12) months preceding the event giving rise to the liability in question. Accordingly, you are advised to acquire
business interruption insurance, or other appropriate insurance, to protect you and your business in the event of
interruption of the Services (in particular the Web Hosting service).
17.7 Where you buy any product or service from a third party seller through following a link on our website to such third
party's website, the seller's individual liability will be set out in the seller's Terms and Conditions. You should
consult such Terms and Conditions.
18 DURATION OF THE SERVICES AND CANCELLATION
18.1 That part of the Services relating to our Domain Name registration and renewal Service is covered in our Terms and
Conditions of Supply.
18.2 That part of the Services relating to our Web Hosting service is covered in our Terms and Conditions of Supply.
18.3 This Contract shall not be terminated by the Customer prior to the completion of the Customer Website service by
Regent Internet for the project subject to this Contract; it being the intention of the Parties that this Contract shall
remain in full force and effect until the completion of said Service.
18.4 Notwithstanding anything to the contrary in these Terms and Conditions, if you are in breach of an obligation of these
Terms and Conditions we may terminate the Contract by seven (7) days notice to you and/or, at our absolute discretion,
terminate or suspend without notice any individual Services we provide to you from time to time.
18.5 Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising
in any way under that Contract as at the date of expiry or termination.
19 THIRD PARTY RIGHTS AND TRANSFER OF RIGHTS AND OBLIGATIONS
19.1 Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of
Third Parties) Act 1999 by any person that is not a party to it.
19.2 The Contract is binding on you and us and on our respective successors and assigns.
19.3 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations
arising under it, without our prior written consent.
19.4 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or
obligations arising under it, at any time during the term of the Contract.
20 FORCE MAJEURE
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations
under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").
20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and
includes in particular (without limitation) the following:
20.2.1 misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker
attacks);
20.2.2 strikes, lock-outs or other industrial action;
20.2.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or
threat or preparation for war;
20.2.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
20.2.5 impossibility of the use of public or private telecommunications networks; and
20.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
20.3 Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event
continues, and we will have an extension of time for performance for the duration of that period. We will use our
reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the
Contract may be performed despite the Force Majeure Event.
21 SEVERABILITY
21.1 If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be
invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from
the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22 NOTICES
22.1 All notices given by you to us must be given though our support ticket system http://support.regentinternet.com. We
may give notice to you at either the then current e-mail or postal address registered against your account with us.
23 ENTIRE AGREEMENT
23.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us
both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement
between us, whether oral or in writing.
23.2 We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking
or promise given by the other or be implied from anything said or written in negotiations between us prior to such
Contract except as expressly stated in these Terms and Conditions.
23.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in
writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only
remedy shall be for breach of contract as provided in these Terms and Conditions.
24 GOVERNING LAW AND JURISDICTION
24.1 Contracts for the purchase of Services from Regent Internet will be governed by English law. Any dispute arising from,
or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
English is the language offered for the conclusion of the contract between us both.
25 PRIVACY
25.1 You acknowledge and agree to be bound by the terms of our Privacy Policy.
26 CONSUMER RIGHTS
26.1 If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Protection
(Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven (7) working days, beginning
on the day after you received the Acceptance Confirmation. However, by placing your order for the Services, you agree to
us starting supply of those Services before the end of the seven working day cancellation period referred to here. As
such, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations
2000.
26.2 This provision does not otherwise affect your statutory rights.
27 YOUR STATUS
27.1 By placing an order with Regent Internet, you warrant that:
27.1.1 you are legally capable of entering into binding contracts; and
27.1.2 you are at least 18 years old.
27.2 If you are acting on behalf of a company or other business, you further warrant that you personally have the authority
to bind that company or business on whose behalf you are placing an order.
28 OUR STATUS
28.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give
any undertaking that products or services you purchase from companies to whose website we have provided a link on our
website will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not
affect your statutory rights against the third party seller.
29 QUALITY
29.1 We warrant that (subject to the other provisions of these Terms and Conditions) any Services purchased from us through
Our Website will be provided with reasonable care and skill.
29.2 We will not be liable for a breach of the warranty in Clause 29.1 unless:
29.2.1 you give written notice of the breach to us through our support ticket system http://support.regentinternet.com; and
29.2.2 we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you.
29.3 We will not be liable for a breach of the warranty in Clause 29.1 if:
29.3.1 the problem arises because you failed to follow our oral or written instructions as to the use of the Services
if there are any); or
29.3.2 you alter the Services without our written consent; or
29.3.3 the problem arises because of misuse.
29.4 Subject to Clause 29.2 and Clause 29.3, if we are in breach of the warranty in Clause 29.1 we will, at our expense,
use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata
Contract price. This constitutes your sole and exclusive remedy for any breach of the warranty set out in Clause 29.1.
Notwithstanding the foregoing, we do not warrant that your use of the Services will be uninterrupted or error-free.
29.5 We reserve the right to modify the Services without notice to you provided such modification does not adversely affect
your access to, or use of, the Services or detract from the overall performance of the Services. Any change which may have
such adverse effect on you or may detract from the overall performance of the Services will be notified to you at least
sixty (60) days prior to the change taking effect.
29.6 You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf
which is not set out on Our Website or otherwise confirmed in writing by us. Nothing in this Clause will exclude or limit
our liability to you for fraudulent misrepresentation.
30 DELETION OF YOUR DATA
30.1 If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be
immediately and permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of
such data before you cancel your Services.
31 WRITTEN COMMUNICATIONS
31.1 Applicable laws require that some of the information or communications we send to you should be in writing. When
using Our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or
provide you with information by posting notices on Our Website. For contractual purposes, you agree to this electronic
means of communication and you acknowledge that all contracts, notices, information and other communications that we
provide to you electronically comply with any legal requirement that such communications be in writing. This condition
does not affect your statutory rights.
32 WAIVER
32.1 If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the
Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are
entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from
compliance with such obligations.
32.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
32.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver
and is communicated to you in writing in accordance with Clause 22.
33 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
33.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market
conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and
regulatory requirements and changes in our system's capabilities.
33.2 You will be subject to the policies and Terms and Conditions in force at the time that you order services from us,
unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority
(in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or
these Terms and Conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that
you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven (7) working
days of receipt by you of the Acceptance Confirmation).
33.3 No variation of these Terms and Conditions shall be valid unless it is in writing and signed on our behalf.
