Terms and Conditions
- Information on the Website
- Trade Marks
- External Links
- Public forums and User Submissions
- Specific Use
- Disclaimer of Liability
- Use of the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual as to the sequence, accuracy, completeness or reliability of information, opinions,any share price information, research information, data and/or content containedon the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) andshall not be bound in any manner by any information contained on the website.the Website Owner reserves the right at any time to change or discontinue withoutnotice, any aspect or feature of this website. No information shall be construedas advice and information is offered for information purposes only and is notintended for trading purposes. You and your company rely on the informationcontained on this website at your own risk. If you find an error or omissionat this site, please let us know.
The trade marks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construedas granting any licence or right to use any trade mark without the prior writtenpermission of the Website Owner.
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content.Use or reliance on any external links and the content thereon provided is atyour own risk. When visiting external links you must refer to that externalwebsites terms and conditions of use. No hypertext links shall be created fromany website controlled by you or otherwise to this website without the expressprior written permission of the Website Owner. Please contactus if you would like to link to this website or would like to request alink to your website.
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or anyother public area found on the website. Any material (whether submitted by youor any other user) is not endorsed, reviewed or approved by the Website Owner.The Website Owner reserves the right to remove any material submitted or postedby you in the public areas, without notice to you, if it becomes aware and determines,in its sole and absolute discretion that you are or there is the likelihoodthat you may, including but not limited to –
5.1 defame, abuse, harass, stalk, threaten or otherwise violate therights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene,indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or anyother similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
5.4 violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner orany other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful,vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Westerner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The Website Owner makes no warranties, representations, statements or guarantees(whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential),personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which maybe attributable, directly or indirectly, to your access and use of the website,any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, error sin, or omission of any share price information or the transmission thereof,or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain ). By accessing the website, you warrant and represent to the Westerner that you are legally entitled to do so and to make use of information made available via the website.
10.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation,warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments,undertakings or representations, whether written or oral, between you and HomeSite Owner in respect of your use of the website.
the Website Owner may at any time modify any relevant terms and conditions,policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant term sand conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of themselves terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise,limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions,policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions,policies and notices or any matter related to or in connection therewith.
10.8 Comments or Questions.
Hosting Terms & Conditions
- Glossary of Terms
- Website Hosting and Email
- Service Availability
- Limitation of Liability
- Applicable Law
- Entire Agreement
- Comments and Questions
We includes the Website Owner – www.topcatdesigns.co.uk – (“Website” or “Website Owner” or “we” or “us”or “our”) or any party acting on the Website Owner’s implicit instructions.
You (“you”, “your”, “Customer”) includes the person purchasing the services or any party acting on the customer’s instructions.
Server means the computer server equipment operated by us in connection with the provision of the Services.
Web Site means the area on the Server allocated by us to you for use by you as a site on the Internet.
In consideration of the mutual covenants herein, the parties agree to the following,which shall apply during the term of this agreement
3.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
3.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
3.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent,warrant and undertake to us that.
3.3.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
3.3.2 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
3.3.3 You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
3.3.4 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
3.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content.
3.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security,including loss, theft or unauthorised disclosure of your password or other security information.
3.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
3.7 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
3.8 In the case of an individual User, you warrant that you are at least 16 years of age and if the User is a company, you warrant that the Service swill not be used by anyone under the age of 16 years.
3.9 Any access to other networks connected to topcatdesigns.co.uk must comply with the rules appropriate for those other networks.
3.10 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
4.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
4.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
4.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Service sand/or this Agreement immediately.
5.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
5.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize TopCatDesigns to debit your account renewal fees from your card.
5.3 All payments must be in UK Pounds Sterling.
5.4 If your chouse is returned by the bank as unpaid for any reason,you will be liable for a “returned chouse” charge of £25.00.
5.5 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 shall be entitled forthwith to suspend the provision of Services to you.
5.6 If an account goes unpaid for at least seven days, a £10.00 late payment fee will be applied.
5.7 If an account goes unpaid for at least ten days, the account and its associated services are suspended. A £20.00 charge will be applied upon account reactivation to cover administration costs.
5.8 Once an account has a suspended status, Access to files, database sand other content is explicitly denied. All files, databases and other content including the account itself is permanently deleted after ten days of account suspension.
5.9 Should access to files, databases and other content be required before they are deleted, account reactivation will be required.
6.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.4 No refunds will be made for Services suspended in accordance with 6.1, 6.2 and 6.3.
6.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time.
6.6 You may cancel the Services at any time.
6.7 You may be entitled to a complete refund of all fees paid with the exclusion of dedicated server and data transfer fees should You decide to cancel the Services, as detailed under our Money Back Guarantee Policy. You will not be entitled to a refund on this basis if you have previously had an account with TopCatDesigns. It may be necessary to with hold refund under the Money Back Guarantee Policy if the account has utilized excessive resources, this is at the sole discretion ofwww.topcatdesigns.co.uk
6.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
6.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data locate don it.
7.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs,expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
8.1 All conditions, terms, 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 are hereby excluded, subject always to sub clause 8.2.
8.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
8.3 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.
8.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
8.5 In no event shall we 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
9.1 TopCatDesigns reserves the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Term sand Conditions.
10.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be serve don receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
11.1 This Agreement shall be governed by and construe din accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
12.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
13.1 These terms and conditions together with any documents 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. In agreeing to these term sand conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedying respect of any misrepresentation which has not been made expressly in this Agreement.