terms and conditions for womweb sites

By accessing the site, viewing quoted content, sending us electronic communications or purchasing a Womweb product then you agree to the following terms and conditions.

1. Privacy

Your visit to this site is monitored and logged on the server. We only use this information for statistical purposes and to monitor breaches of the policies.

In an instance where we collect personal data, we will not divulge this information to a third party. This information is purely for our corporate requirements. This does not affect your statutory rights.

2. Access to Womweb.net

We will do our utmost to make sure that this web site and its content is uninterrupted and that all transactions are error-free. We cannot guarantee this as the Internet is not an error-free environment. We make suspensions to the web site to allow for server repair and maintenance, or the introduction of new facilities to make your use of womweb.net more pleasurable.

3. Web site access

Womweb provide you with access to make personal use of this site. You are not permitted to download or modify its content in part or in whole without the express written consent of Womweb. The access provided does not allow the use of data mining, robots or other data gathering and extraction tools. Neither may you use this site to gather commercial intelligence.

You are allowed to link to this web site, but only to the homepage of womweb.net - direct linking to products is not permitted. You may however link to a specific product by use of e-mail for recommendation to further personal visitors of the site. This right to link to the web site is revocable.

You may not portray Womweb or its affiliates (inclusive of their products and services) in a false, misleading, derogatory or otherwise offensive manner.

4. Your conduct

You must not use this web site in a manner that causes, or may cause the web site or its accessibility to others to be interrupted, damaged or impaired in any way.

You must understand that any electronic correspondence or communication and the content of said articles are the responsibility of yourself and not Womweb and that you must use this web site and all web sites linked to from this site for lawful purposes only.

You must not use the web site for any of the following:

• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
• to cause annoyance, inconvenience or needless anxiety

5. Copyright and database rights

All original content on this web site and this web server, such as text, graphics, logos, icons, images is the property of Womweb. All other content is copyright of the relevant holders. This web site is protected by United Kingdom and international copyright law.

6. Our contract
(Pricing, Delivery Policy, Availability, Cancellation of an order and Refund Policy)

Pricing

An order placed on this web site is priced in Pounds Sterling. Any transaction will be placed in Pounds Sterling. If you are an overseas customer your price will be charged in Pounds Sterling but will be translated to be in your local currency providing your bank offers this facility and your account is held in you local currency.

An order is a contract between yourselves and Womweb for Womweb to supply the product to you at the amount that Womweb has deemed the correct amount for sale. These prices may not be the prices as seen on the web site Current pricing is available from Womweb by contacting their offices on 0845 429 7956. Womweb hold the ability to alter the prices without warning and this may affect the prices on the web site In the instance of being incorrect, the prices held by Womweb at their offices is the correct amount and this is the amount that customers will pay for the goods. In the case whereby the amount paid by a customer is not the total amount required, Womweb will contact the customer to either cancel the order or for authorisation for payment of the difference.

Delivery Policy and Availability

All orders placed via the web site for hosting are automatically set up on the subject to the required server space being available. We operate with redundant server capacity to allow for the organic growth of hosting packages. In the unlikely event of there being no space to facilitate your order we will refund you the total amount paid and release your domain for free.

You will receive an e-mail to the address you supply with username and login details. This is an automated process. If payment is not received then you are in breach of your contract and all usernames and passwords will be revoked.

Export Restrictions

We may cancel an order from countries that have trade embargoes. This is only a minority of countries around the world, but we must do this to protect ourselves under UK and international law.

Cancellation of an Order

If you wish to cancel your order please read the guidelines below. If you wish to cancel your order, please contact us at the following e-mail address: info@womweb.net.

Within 48 hours:

If you cancel your order within 48 hours then there will be no financial loss on your part except for the cost of the domain name(s) which is registered in your name. This domain remains your property but must be hosted on one of the Womweb servers. A release fee is levied should you wish to move your domain name to another host. The release fee is currently £9.95.

Within 7 days:

If you cancel your order within 7 days but not within 48 hours you will lose 50% of the total amount paid after domain costs have been subtracted from this total. The domain that you registered remains as your property but must be hosted on one of the Womweb servers. A release fee is levied should you wish to move your domain to another host. The release fee is currently £9.95.

Over 7 days:

If you cancel your order after more than 7 days you will forfeit the entire monies paid on registration. The domain that you registered remains as your property but must be hosted on one of the Womweb servers. A release fee is levied should you wish to move your domain to another host. The release fee is currently £9.95.

Domain costs should you cancel your web space order:

These are charged on a per year registered for basis (i.e. if you register a .com address for 5 years, then you will be charged £12.95 x 5 = £64.75.

Monthly Backups

Our free monthly backup is setup within 7 days of your order being completed. The backup will then be made on the same date each month (if your date is outside the dates available that calendar month then you will have your backup made on the last day of the month or within 48 hours of the end of the month).

Our free database backups need to be requested. We will need the following information from you:
- database name
- database password
- user id (for your client section)
- domain that the database is associated with

We will then configure our backup server to take a copy of your site. If you require access to these backups, we will make them available to you. Our normal procedure is to upload them to your own FTP space to allow you to download the copy of the site; otherwise we will hold them on our central off-site server which is only accessible by us.

Additional Items Ordered at Time of Purchase

If you ordered web builder plus, anti-virus or secure certificates, please allow the following time scales for adding these items to your account:
- web builder plus: 5 days
- anti-virus: 5 days
- personal secure certificate: 10 days (the shared secure certificate is available immediately)

7. Electronic communications (E-mail)

When you visit womweb.net or send e-mails directly to us, you are communicating via an electronic medium. We will then respond to you in an electronic manner or via telephone (depending on your preferences). For contractual purposes, when communicating with us in such a way, you are consenting to receive an electronic response. You also agree that all agreements, notices, disclosures or other possible communications satisfy any legal requirement under United Kingdom or international law whereby the communication is in writing. This does not affect your statutory rights.

You may not send unsolicited marketing e-mails or SPAM to any of the e-mail addresses operated by Womweb. If you send these e-mails you will be asked to stop sending such e-mails. If legal action is required to prevent these e-mails then as the sender you will be liable for any legal costs.

8. Losses

If you suffer any form of loss, whether electronic or physical Womweb nor any partner is not responsible for this loss. Likewise, if you suffer any losses as a breach of these conditions this is your sole responsibility.

9. Amendments to the Condition

We reserve the exclusive right to make changes to our web site, policies and these Terms and Conditions at any time and without notice. You will be subject to these stated Terms and Conditions whilst you have a connection to this site either in a physical web site presence or by electronic communications with this site. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

10. Hosting usage

Service Levels and Data Backup

Womweb shall use its reasonable endeavors to make the server and the Services available to the Customer at least 99.9% of the time but because the Services are provided by means of computer and telecommunications systems, Womweb makes no warranties or representations that the Service will be uninterrupted or error-free and Womweb shall not, in any event, be liable for interruptions of Service or downtime of the server.

Womweb have on-site data backups made for our use only in the event of systems failure. We do not provide data restoration facilities for individual customers. We do however offer an off-site backup service which, if contracted to do so we hold data off-site on a secure machine. Even though every effort is made to ensure data is backed up correctly Womweb accepts no responsibility for data loss or corruption.

Alterations and Updates

All alterations and updates to the Web site shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorized person, the Customer agrees to immediately inform Womweb and the password will be changed.

Indemnity

The Customer agrees to indemnify and hold Womweb 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 Womweb arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Web site

Severance

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

Notification of Information

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 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 served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

Domain Name Registrations

Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Womweb will provide a full refund for that domain name.

Scripting

Womweb are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.

Privacy

To protect your privacy we will not distribute your details to third parties, unless required to do so by law.

Data Transfer

Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.

Web hosting accounts are prohibited from hosting file distribution web sites (including but not limited to music, video and software), adult content orientated web sites, hosting banners, graphics or cgi scripts for other web sites, storing pages, files or data as a repository for other web sites or personal computers, giving away web space under a domain, sub domain or directory.

Server Usage

Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.

Web Space Usage

Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.

You are not allowed to use any of our servers to stream media other than real audio. Any use of our servers for this purpose will result in instant account suspension until all banned articles are removed from the server. We may impose an administration fee for this of £50 per hour taken. This is payable within 21 working days and penalties are applicable within the terms of unpaid invoices.

You are not allowed to encrypt files on the server so that we cannot obtain the content ourselves to comply with local law enforcement agencies. If this is done, we will charge you £50 per hour taken to decrypt the data. This is payable within 21 working days and penalties are applicable within the terms of unpaid invoices.

You are not allowed to upload any content deemed illegal under UK and international law. You are not allowed to upload content of an adult nature or other pornographic nature. If we find any content of this nature we will report you to the relevant authority, cancel your agreement with us and charge you £50 per hour to remove your account from the server. This is payable within 21 working days and penalties are applicable within the terms of unpaid invoices.

11. Confidentiality

All clients will receive 100% confidentiality. This will avoid any sensitive information entering both the public domain and competitors. Any ideas, designs and business information will be kept securely to avoid issues. All members of staff and sub-contractors acknowledge the 0% tolerance stance on this issue and that if information is leaked then they are personally liable for any loss caused by the breach. None of the management is liable for an employee's misconduct.

12. Quotes

All quotes are valid for a period of 90 days from the date shown on the quote. Any quotes that have been offered without a date are void as of 24th January 2006.

Incomplete sites are treated as a site that has been quoted upon and the quote is no longer valid. An incomplete site is regarded as a site that has taken over 183 days or 6 calendar months whichever is the lesser to complete. Womweb are within their rights to re-issue quotes during the initial 90 day period or for incomplete sites.

13. Unpaid Invoices

In the event of an invoice not being paid within the normal 21 day period, a 15% surcharge will be made on the original invoice total. For each additional 7 day period that an invoice remains unpaid, a further 15% of the original amount will be added to the overall invoice amount.

14. Events beyond our control

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

15. Waiver

Should you breach these Terms and Conditions and we take no action, we are still entitled to use our rights in any instance of breach of these Terms and Conditions.

15. Details

Womweb is the trading name of Mr MJ Wombell as of October 2005.

You can contact our offices either via e-mail: info@womweb.net or via telephone: 07737 232919.