TERMS AND CONDITIONS
BETWEEN:
1. YOU, yourself, your company, your firm, your partnership or other entity ("YOU", "YOUR", "YOURSELF", "THE CUSTOMER")
2. QUICK ON THE NET LIMITED, a private company registered in England ("WE", "US", "OUR")
INTRODUCTION:
1. Thanks for using QUICK ON THE NET. WE genuinely hope you enjoy YOUR experience with US.
2. THE CUSTOMER wishes to subscribe to and use a website constructed and maintained using QUICK ON THE NET website builder software.
3. This CUSTOMER AGREEMENT consists of these TERMS AND CONDITIONS ("AGREEMENT") and any schedules, rules, guides and notices, which may be updated and changed by US from time to time without notice to YOU. Changes to the AGREEMENT will made available at www.quickonthenet.com/termsandconditions
4. The headings in this AGREEMENT are for convenience only and do not affect its construction.
COMMENCEMENT DATE:
This AGREEMENT is made on the date and time YOU confirm YOUR acceptance of its TERMS AND CONDITIONS on the ORDER FORM.
DEFINITIONS:
START DATE means the date and time at which a new CUSTOMER SITE is purchased.
EXPIRY DATE means the date and time at which subscription payment ends.
THE SERVICES means the QUICK ON THE NET website builder, whereby it is possible for THE CUSTOMER to produce, host and maintain a website which is accessible to other users of the internet.
TOOLKIT means the internet software used in THE SERVICES.
CUSTOMER SITE means the website YOU produce using THE SERVICES.
CUSTOMER URL means the website address which enables VISITORS to access the CUSTOMER SITE.
VISITOR means any internet user accessing a CUSTOMER SITE via the internet.
HOME SITE means the web pages residing on www.quickonthenet.com or www.quickonthenet.co.uk, excluding CUSTOMER SITES.
STARTER SITE means a CUSTOMER SITE without any UPGRADES.
UPGRADES are optional extras which can supplement a STARTER SITE.
ORDER FORM means the subscription payment form or the checkout form.
SINGLE PAYMENT METHOD means purchasing a CUSTOMER SITE for a single defined amount of time e.g. 6 months.
MONTHLY PAYMENT METHOD means purchasing a CUSTOMER SITE on a monthly renewal basis.
RENEWAL DATE means the monthly renewal date associated with the MONTHLY PAYMENT METHOD.
PRIVACY POLICY means how WE use the information WE collect about YOU and the procedures WE have in place to safeguard YOUR privacy.
YOUR PERSONAL DETAILS means YOUR personal information in the ORDER FORM and in the TOOLKIT.
CONTENT means all information, data, text, photographs, graphics, video, software, music, sound, messages and other materials posted by YOU on YOUR CUSTOMER SITE.
POST means to transfer, upload, transmit, copy, communicate or pass on.
LEGAL AGE means not a minor in the country of residence as defined in the ORDER FORM for YOUR CUSTOMER SITE. In most countries around the world, this means YOU are at least 18 years old.
ARRIVAL MESSAGE means the message which is displayed on the home page of CUSTOMER SITES containing ADULT CONTENT.
ACCEPTANCE:
In order to become a CUSTOMER and use THE SERVICES, YOU must complete the registration process in the ORDER FORM.
YOUR use of THE SERVICES is subject to YOUR acceptance of this AGREEMENT, and OUR policy relating to the use of personal data outlined in OUR PRIVACY POLICY which is available at www.quickonthenet.com/privacypolicy.
YOUR OBLIGATIONS:
YOU agree to:
a) Provide true, current, accurate, and complete information about YOURSELF in the ORDER FORM;
b) Maintain and promptly update YOUR PERSONAL DETAILS and keep them true, current, accurate, and complete.
If you provide any information that is in breach of YOUR OBLIGATIONS, or WE have reasonable grounds to suspect that such information is in breach of YOUR OBLIGATIONS, without prior notice, at OUR discretion, WE have the right to suspend or terminate THE SERVICES in respect of YOUR CUSTOMER SITE. Whenever possible, WE will endeavour to provide as much notice as possible to YOU of such actions and inform YOU of the rationale behind such actions.
YOU agree not to:
a) Access THE SERVICES by any method or means other than by logging in at the HOME SITE home page or by any other authorised interface made available to YOU by US.
b) Modify or attempt to modify THE SERVICES in any way;
c) Gain or attempt to gain unauthorized access to THE SERVICES;
d) Gain or attempt to gain OUR programming source code in respect of THE SERVICES.
e) Reverse engineer or attempt to reverse engineer THE SERVICES.
SUPERVISING CHILDREN AND SCHOOL PUPILS:
At QUICK ON THE NET LIMITED, we are concerned about the safety and privacy of all OUR CUSTOMERS, particularly children and school pupils. Parents who wish to allow their children, or teachers who wish to allow their school pupils access to THE SERVICES should assist them in setting up any CUSTOMER SITES and supervise their access to THE SERVICES.
YOUR CONDUCT:
YOU have sole and entire responsibility for all CONTENT which is posted on YOUR CUSTOMER SITE at all times. WE have no responsibility for any CONTENT which is posted on YOUR CUSTOMER SITE at any time. Under no circumstances will WE be liable in any way for any CONTENT which is posted on YOUR CUSTOMER SITE.
YOU agree to not use THE SERVICES to:
a) Harm minors or children in any way;
b) POST any CONTENT in YOUR CUSTOMER SITE that is unlawful, abusive, harmful, threatening, vulgar, harassing, defamatory, obscene, pornographic, sexist, tortuous, offensive, libelous, blasphemous, illegal, harmful to any individual, business, country or other entity, invasive of another person's privacy, hateful, or ethnically, racially or otherwise objectionable;
d) POST any CONTENT in YOUR CUSTOMER SITE that you do not have a right to transmit under any law;
e) Intentionally or unintentionally violate any law;
f) POST any CONTENT in YOUR CUSTOMER SITE that infringes, or in OUR opinion infringes any property rights, trade secret, patent, trademark, copyright or other rights of any party;
g) Impersonate any person, business or other entity;
h) POST any objectionable advertising or any other form of objectionable solicitation in YOUR CUSTOMER SITE;
g) POST to US or to YOUR CUSTOMER SITE any software viruses or any other computer code, files or data designed to destroy, interrupt or damage, or limit the functionality of any computer software or computer hardware or telecommunications equipment;
h) Damage or disrupt THE SERVICES or the software or servers or networks connected to THE SERVICES;
i) Harass or stalk any person;
j) POST any CONTENT in YOUR CUSTOMER SITE which is deliberately inaccurate, outdated, incomplete or misleading or is likely to lead to confusion in the minds of VISITORS.
YOU must comply with all applicable laws in relation to the protection of personal data.
Without prior notice, at OUR discretion, WE have the right to remove any CONTENT that violates this AGREEMENT or is otherwise objectionable. Whenever possible, WE will endeavour to provide as much notice as possible to YOU of such actions and inform YOU of the rationale behind such actions.
Without prior notice, at OUR discretion, WE have the right to suspend or terminate THE SERVICES in respect of YOUR CUSTOMER SITE if you violate THIS AGREEMENT. Whenever possible, WE will endeavour to provide as much notice as possible to YOU of such actions and inform YOU of the rationale behind such actions.
Without prior notice, at OUR discretion, WE reserve the right to suspend or terminate without notice YOUR access to some or all parts of THE SERVICES if required to do so for the purpose of administering YOUR CUSTOMER SITE. Whenever possible, WE will endeavour to provide as much notice as possible to YOU of such actions and inform YOU of the rationale behind such actions.
WE can store YOUR CONTENT and/or disclose YOUR CONTENT:
a) For the purpose of administering YOUR CUSTOMER SITE in accordance with this AGREEMENT;
b) To respond to claims that YOUR CONTENT violates the rights of others;
c) To comply with legal process;
d) If required to do so by law;
e) To protect the rights or safety of others.
ADULT CONTENT:
If you are of LEGAL AGE, YOU have the right to POST ADULT CONTENT in YOUR CUSTOMER SITE, provided it is not in breach of this AGREEMENT. If YOU POST ADULT CONTENT, in YOUR TOOLKIT, YOU must switch "on" the ADULT CONTENT button. When the ADULT CONTENT button is switched "on", it will display the following ARRIVAL MESSAGE on the home page of YOUR CUSTOMER SITE.
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The site you are about to visit is classified as reserved for adults only.
If you do not wish to view any adult content, or if you are minor (not of legal age), please click on "Leave this site".
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I certify that I am of legal age as required by the country of my citizenship and I have the right to visit sites with adult content. I will not bring any legal actions against Quick on the Net Limited and I understand that Quick on the Net Limited offers website builder solutions and hosting services and is not the author of this site's content and that Quick on the Net Limited has no responsibility for this site's content.
Continue and visit this site
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I do not wish to visit this site reserved for adults or I am a minor (not of legal age) and I cannot visit a site reserved for adults.
Leave this site
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Without prior notice, at OUR discretion, WE reserve the right to switch "on" the ADULT CONTENT button for YOUR CUSTOMER SITE if WE feel the CONTENT is unsuitable for minors or children. WE reserve the right to change the text of the ARRIVAL MESSAGE at any time.
EMAIL ADDRESS AND PASSWORD SECURITY:
On the ORDER FORM, YOU must specify an email address and password to be used to access THE SERVICES, for future editing of the YOUR CUSTOMER SITE and updating of account or payment information.
YOU must keep YOUR password confidential.
WE cannot accept liability arising from;
a) Any failure by YOU to keep YOUR password confidential;
b) Any breach of security caused by any third party hacking or otherwise gaining unauthorised access to any part of THE SERVICES.
YOU agree to:
a) Ensure that you logout and exit from YOUR TOOLKIT at the end of each session;
b) Immediately notify US of any unauthorised use of your password or TOOLKIT or any other breach of security.
WE will not be liable for any loss or damage arising from your failure to comply with these EMAIL ADDRESS AND PASSWORD SECURITY measures.
TECHNICAL ISSUES:
In YOUR TOOLKIT, YOU will be required to give YOUR CUSTOMER SITE a name which will be used to create a CUSTOMER URL for YOUR CUSTOMER SITE. YOUR CUSTOMER SITE name will appear as a sub-domain. This means it will appear as a prefix to our domain name e.g. www.customersite.quickonthenet.com
WE are not responsible for YOUR service provider managing YOUR domain. YOU will be required to continue to manage and renew YOUR domain using YOUR service provider.
YOU are responsible for making the necessary backups of CONTENT contained on YOUR CUSTOMER SITE in accordance with good computing practice. WE are not required to carry out or take responsibility for such a backup.
LINKS:
The HOME SITE and THE SERVICES may provide links to other websites or resources. WE provide these links only as a convenience to YOU and not as an endorsement. WE have no control over such websites and resources and YOU acknowledge and agree that WE are not responsible for the availability of such external websites or resources.
MODIFICATIONS TO THE SERVICES:
At any time, WE reserve the right to modify, improve, discontinue, temporarily or permanently, THE SERVICES, or any part thereof, both with or without notice. Unless explicitly stated otherwise, any modifications or improvements which add to or enhance THE SERVICES, including the provision of new services, tools, technology, software or resources, shall be subject to this AGREEMENT.
FEES AND PAYMENT:
OUR prices are governed by UK tax laws (Value Added Tax or VAT). The price WE charge YOU depends on what YOU are using QUICK ON THE NET for and where YOU are located.
WE use payment systems provided by WorldPay Limited to manage YOUR credit/debit card payment to US.
Upon completion of the ORDER FORM, YOU are not granted use of YOUR CUSTOMER SITE until WE receive YOUR payment. WE reserve the right not accept orders received using the ORDER FORM.
After YOU have purchased a CUSTOMER SITE from US, YOU can terminate this AGREEMENT and discontinue use of YOUR CUSTOMER SITE and THE SERVICES at any time without any financial penalty.
If YOU have purchased a CUSTOMER SITE from US using the SINGLE PAYMENT METHOD, this AGREEMENT will automatically become terminated at the EXPIRY DATE, unless you renew YOUR CUSTOMER SITE and extend the EXPIRY DATE.
If YOU have purchased a CUSTOMER SITE from US using the MONTHLY PAYMENT METHOD, this AGREEMENT will automatically become terminated unless you renew YOUR CUSTOMER SITE at the RENEWAL DATE.
WE reserve the right to increase or decrease charges and/or introduce new charges and/or add or remove or change THE SERVICES from time to time. In the event of any such changes, at least 14 days prior notice will be given to the YOU by US if YOU are using the MONTHLY PAYMENT METHOD.
REFUND POLICY:
It is agreed that since THE SERVICES are supplied immediately from commencement of this AGREEMENT, there is no right to cancel and no cooling off period is provided.
However, following the purchase of a new CUSTOMER SITE, WE provide YOU with a 7-day money back guarantee, less the cost of an administration fee. Refund Policy: from the START DATE, YOU have 7 days to exercise YOUR right to receive YOUR money back, minus an administration fee. The administration fee is posted on OUR HOME SITE. To request a refund, YOU must use the "Help" menu in YOUR TOOLKIT. In the event that WE receive a written request for a refund within 7 days from the START DATE, a reimbursement will be provided to THE CUSTOMER within 30 days.
RIGHTS:
With respect to CONTENT you POST on YOUR CUSTOMER SITE, you grant US a perpetual world-wide royalty free and non-exclusive licence to modify, reproduce, adapt and publish such CONTENT for the purpose of marketing, displaying, distributing and promoting US and THE SERVICES.
QUICK ON THE NET LIMITED affirms that it owns and/or controls all Intellectual Property Rights and Copyrights in and relating to THE SERVICES and the HOME SITE.
RESALE OF YOUR CUSTOMER SITE OR THE SERVICES:
YOU agree not to sell or resell YOUR CUSTOMER SITE or THE SERVICES or access to THE SERVICES unless YOU receive prior written agreement from US.
INDEMNITIES:
YOU agree to indemnify and keep indemnified QUICK ON THE NET LIMITED and its employees, subsidiaries, affiliates, agents, officers, and other partners, against all costs, claims, expenses and damages or other liabilities of whatever nature incurred by it as a result of any claims or legal proceedings brought or threatened against it, made by any third party due to or arising out of CONTENT which YOU POST on YOUR CUSTOMER SITE, YOUR use of THE SERVICES, YOUR violation of the AGREEMENT, or YOUR violation of any rights of another.
WARRANTIES:
YOU agree that THE SERVICES are provided on an "as is" basis and an "as available" basis and YOUR use of THE SERVICES is at YOUR sole risk.
WE make no warranties of any kind or nature, whether expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or use or warranties of error free or uninterrupted performance of computer systems, software, internet software, telecommunications systems, servers, hardware or equipment.
No advice given to YOU by US, or information, whether written or oral obtained by YOU from US, or through YOUR use of THE SERVICES shall create any warranty.
LIMITATION OF OUR LIABILITY:
WE accept no liability to YOU for any loss.
WE shall not be liable for any economic, indirect or consequential loss or damages including, but not limited to loss of profits, contracts, revenue, business or goodwill and/or loss of the use of any equipment or process or loss of operational time or loss of availability or other intangible losses.
WE shall not be liable for any acts or omissions of OUR employees, agents and sub-contractors.
WE shall not be liable for any loss of, damage to or corruption of CONTENT.
WE shall not be liable for any loss arising from the failure of YOUR service provider managing YOUR domain.
Any messages that originate from YOUR email address which WE receive will be deemed to be authorised by YOU and WE shall not be liable for any consequence of
processing such messages.
The information contained in HOME SITE and THE SERVICES may contain technical inaccuracies or typographical errors. WE shall not be liable for any consequence of such errors.
WE shall not be liable for any event or consequence of force majeure, including but not limited to Acts of God, fire, war, lightening, explosion, disorder, flood, industrial dispute, extremely severe weather or acts of local or central Government or other competent authorities.
In the event that it should prove for any reason ineffective to exclude OUR liability, any such liability shall not be more than the charges paid by YOU to US in accordance with this AGREEMENT and OUR liability will not exceed 50 British Pounds under any circumstances.
SEVERABILITY:
If any provision of this AGREEMENT is judged to be illegal or unenforceable, the continuation in full force and effect of the remaining provisions of this AGREEMENT shall be unimpaired and the AGREEMENT shall not be void for this reason alone. Such an illegal or unenforceable provision shall be replaced by a mutually acceptable legal and enforceable provision.
NOTICES:
Notices to YOU may be made via email or regular mail. WE may also provide notices of changes to the AGREEMENT or other matters by displaying notices or links to notices on the HOME SITE.
TERM AND TERMINATION:
This AGREEMENT will commence on the START DATE and end on the EXPIRY DATE. After YOU have purchased a CUSTOMER SITE from US, YOU can terminate this AGREEMENT and discontinue use of YOUR CUSTOMER SITE and THE SERVICES at any time without any financial penalty. Termination of this AGREEMENT is implied if YOU fail to pay US any monies due in respect of YOUR CUSTOMER SITE and THE SERVICES. WE reserve the right to terminate this AGREEMENT with YOU at any time.
CONSEQUENCES OF TERMINATION:
In the event that either party terminates this AGREEMENT:
a) WE will be absolved of all obligations to YOU.
b) At OUR discretion, the CONTENT and web space allocated to YOUR CUSTOMER SITE will be retained for a period lasting up to 30 days, whereupon YOUR CUSTOMER SITE can be permanently deleted.
c) Any logo or graphics which WE have produced for YOU remain the property of QUICK ON THE NET LIMITED.
ENTIRE AGREEMENT:
This AGREEMENT and any alterations to the TERMS AND CONDITIONS thereof and any TERMS AND CONDITIONS expressly incorporated into the AGREEMENT constitute the entire AGREEMENT and understanding of the parties. This AGREEMENT shall supersede any previous AGREEMENT, whether written or oral, or any other understanding between YOU and US relating to its subject matter.
TRANSFERABILITY:
YOU may not transfer the benefit and/or burden of this AGREEMENT in whole or in part to any other party.
LAW:
This AGREEMENT is subject to English law and the parties submit to the exclusive jurisdiction of the English courts.
