IMPORTANT:

1: Pornography and sex-related media, web pages, merchandising, e-mail or any other form of communication or display are PROHIBITED from any TNT Web Design service and those of its suppliers; 2: Spamming, or the sending of unsolicited bulk e-mail, from an TNT Web Design server or those of its suppliers is STRICTLY PROHIBITED.

1. DEFINITIONS

"Client" and "Customer" mean a customer of TNT Web Design. "Services" means domain name registration, web site hosting, web-design, web-maintenance, e-mail and any other service or facility provided by TNT Web Design or it's suppliers. "Server" means the computer server equipment operated by TNT Web Design or it’s suppliers in connection with the provision of the Services. "Web Site" means the area on the Server allocated (whether paid for or otherwise) to the Client for use by the Client as a site on the Internet.

2. DOMAIN NAME REGISTRATION

2.1 TNT Web Design makes no representation that the domain name the Client wishes to register is capable of being registered by or for the Client or that it will be registered in the Client name. The Client should therefore not assume registration of the Client requested domain name(s) until the Client has been notified of completion of the registration of the domain(s). Any action taken by the Client before such notification is at the Clients own risk;

2.2 The registration and use of the Clients domain name is subject to the terms and conditions of use applied by the relevant naming authority; the Client shall ensure its awareness of those terms and conditions and that the Client complies with them. The Client shall have no right to bring any claim against TNT Web Design in respect of refusal to register a domain name. Any administration charge paid by the Client to us shall be non-refundable notwithstanding refusal by the naming authority to register the Clients desired name;

2.3 TNT Web Design shall have no liability in respect of the use by the Client of any domain name; any dispute between the Client and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, TNT Web Design shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. TNT Web Design shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute;

2.4 TNT Web Design shall not release any domain to another provider unless full payment for that domain has been received by us.

3. WEB SITE HOSTING, OnLine Transactions and E-mail

3.1. TNT Web Design makes no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and TNT Web Design shall have no liability for any loss or damage to any data stored on the Server;

3.2. The Client shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server;

3.3 The Client represent, undertake and warrant to us that the Client will use the Web Site allocated to the Client only for lawful purposes. In particular, the Client represent, warrant and undertake to us that:

3.3.1 the Client 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 the Client authorise or permit any other person to do so.

3.3.2 the Client will not post, link to or transmit

1. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
2. any material containing a virus or other hostile computer program;
3. 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 The Client shall keep secure any identification, password and other confidential information relating to the Clients account and shall notify us immediately of any known or suspected unauthorised use of the Clients account or breach of security, including loss, theft or unauthorised disclosure of the Clients password or other security information;

3.4 The Client shall observe the procedures which TNT Web Design may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers;

3.5 The Client shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner;

3.7 Clients must comply with the rules appropriate for access to services provided by any other networks, services, or companies, on behalf of, by a subcontractor to or via TNT Web Design. TNT Web Design. shall have no liability for any inabilities, restrictions, interruptions in service or any loss or damages incurred due to the use of such a company, network or service. This specifically, but not exclusively, include the facilities offered by Free Serve, Virgin, AOL, Clara Net, PlusNet and any UK or non UK ISP and their associate and parent companies;

3.8 While TNT Web Design. will use every reasonable endeavour to ensure the integrity and security of the Server, TNT Web Design. does not guarantee that the Server will be free from unauthorised users or hackers and TNT Web Design. shall be under no liability for non-receipt or mis-routing of email or for any other failure of email;

3.9 TNT Web Design. will make every effort to make secure any credit card transaction facilities provided by TNT Web Design. or it's suppliers. However, the security of any on-line service cannot and is not guaranteed and TNT Web Design. accepts no liability for losses incurred by its clients or users of client's web-sites or other on-line services. Legislative, statutory and commercial regulations may apply and are subject to change. It is incumbent on the client and users to ensure they operate in accordance with such regulations and TNT Web Design. will accept no liability in respect of losses, terminations and / or legal proceedings in connection with such services. TNT Web Design. will however take all reasonable steps to ensure that the facilities it designs and/or provides remain in service and in compliance with any applicable regulations of which it is aware.

4. SERVICE AVAILABILITY

4.1 TNT Web Design. and it’s suppliers shall use our reasonable endeavours to make available to the Client at all times the Server and the Services but TNT Web Design. shall not, in any event, be liable for interruptions of Service or down-time of the Server;

4.2 TNT Web Design. and it’s suppliers 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 30 days the Client will be notified of the reason;

4.3 The Services provided to the Client hereunder and the Clients account with us cannot be transferred or used by anyone other than the Client. For web hosting accounts, no more than one log-in session under any one account may be used at any time by the Client. If the Client has multiple accounts, the Client is limited to one login session per system account at any time; user programs may be run only during log-in sessions. If the Clients account is found to have been transferred to another party, or shows other activity in breach of this subclause other than that particularly contract purchased, TNT Web Design. shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

5.PAYMENT

5.1 All payments must be in UK Pounds Sterling. If the Clients cheque is returned by the bank as unpaid for any reason, the Client will be liable for a "returned cheque" charge of £25;

5.2 All charges payable by the Client 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 within 14 days of the date of any invoice. Charges are exclusive of 'Value Added Tax' which shall be paid additionally by the Client at the rate prescribed by law;

5.3 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, TNT Web Design. shall be entitled forthwith to suspend the provision of Services to the Client.

6. INTELLECTUAL PROPERTY RIGHTS

The Client shall obtain any and all necessary consents and clearances to enable the Client lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of the Clients proposed domain name.

7. INDEMNITY

The Client shall indemnify us and keep us indemnified and hold us harmless from and against any breach by the Client of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to the Client and the Clients 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 the Clients breach or non-observance of this Agreement.

8. TERMINATION

Without in any way limiting our rights under subclause 4.3:

8.1 if the Client fail to pay any sums due to us as they fall due, TNT Web Design. may suspend the Services and/or terminate this Agreement forthwith without notice to the Client;

8.2 if the Client break any of these terms and conditions and the Client fail to correct the breach within thirty (30) days following written notice from us specifying the breach, TNT Web Design. may terminate this Agreement forthwith upon written notice;

8.3 if the Client are a company and the Client go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with the Clients creditors, TNT Web Design shall be entitled to terminate this Agreement forthwith without notice to the Client;

8.4 on termination of this Agreement or suspension of the Services TNT Web Design. shall be entitled immediately to block the Clients Web Site and e-mail/hosting services and to remove all data located on it. TNT Web Design shall be entitled to delete all such data but TNT Web Design. may, at our discretion, hold such data for such period as TNT Web Design. may decide to allow the Client to collect it at the Clients expense, subject to payment in full of any amounts withstanding and payable to us. TNT Web Design. shall further be entitled to post such notice in respect of the non-availability of the Clients Web Site as TNT Web Design. thinks fit.

9. LIMITATION OF LIABILITY

9.1 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 subclause 9.2;

9.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence;

9.3 Our total aggregate liability to the Client 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 the Client in respect of the Services which are the subject of any such claim;

9.4 In any event no claim shall be brought unless the Client have notified us of the claim within one year of it arising;

9.5 In no event shall TNT Web Design. be liable to the Client for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

10. NOTICES

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 served on 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. LAW

This Agreement shall be governed by and construed in accordance with English law and the Client hereby submits to the non-exclusive jurisdiction of the English courts.

12. HEADINGS

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

13. ENTIRE AGREEMENT

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 terms and conditions, the Client has not relied on any representation other than those expressly stated in these terms and conditions and the Client agrees that the Client shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

Please PRINT and retain this document for your own records and reference.

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GENERAL CONDITIONS, AGREEMENTS AND GUIDELINES FOR THE USE OF TNT WEB DESIGN PRODUCTS, PACKAGES & SERVICES

TNT Web Design. guarantee the provision of services purchased for the period of 1 year, after which time, a customer may choose to continue or discontinue the web services at their discretion without penalty. Second year and all subsequent years fees are then due. TNT Web Design. enters into this agreement with customers on the understanding that the customers is being truthful and that intentions are honorable and wholly legal.

A 12 month contract on any TNT Web Design Service commences at the exact time a deposit, standing order or payment in advance is paid and the second year fees are due on this date in one years time. In the case of web sites, fees include the set-up, design & construction of a web site therefore full fees or the appropriate deposit will be due at the time TNT Web Design commences work on a customers behalf.

A TNT Web Design Internet/Web Services Account will be managed virtually. TNT Web Design Customers do not require a computer to undertake our services, however, access to a computer is advised in order to make best use of services. TNT Web Design take no responsibility for a customers inability to access a computer or the internet, or any loss of services they may incur as a result.

TNT Web Design in agreeing to provide these services, makes no guarantee for the success of any venture. In designing and maintaining or hosting your web site, TNT Web Design take no responsibility for that business/project itself, the running of that business/project or the success of that business/project other than by way of providing the services as described under said package.

TNT Web Design will charge no EXTRA fees, nor are there any hidden costs, you have been made aware of any costs involved in your product or service. Payment will commence at such a time as work is began on a customers behalf. Price Plans for existing customers are not subject to rise unless a customer chooses to upgrade or change their package, in such instances the current price structures will apply to any new work undertaken. The specified deposit with a signed & completed standing order mandate for the monthly fee or payment in advance must be provided before any work will be commenced on a customer’s behalf. Monthly fees are calculated over a 12 month period and are guaranteed to remain constant and are not subject to increase.

Prices are subject to increase. TNT Web Design reserves the right to alter prices as necessary. All existing accounts will remain on the price structure under which they were bought. Additional work, site-redesigns or upgrades on existing accounts are, however, all chargeable at current rates.

Any new orders or commissions made after a price increase are subject to the new prices. If an order or commission is placed and not collected within 3 months during which time prices increase, after the 3 months, fees will be re-charged at the new increased prices.

TNT Web Design reserve the right to re-use any material or artwork produced solely by themselves even after purchase. TNT Web Design agrees however never to EXACTLY reciprocate any particular web site or artwork after its re-sale.

In cases where little can or has been done on a web site after we have received a signed standing order, either the mandate will be forward dated for contract purposes, or if payments have actually commenced, these will be credited back to you with an equal period without fee at the end of your first 12 month term. In instances where TNT Web Design may not be able to or be seen to contribute actively towards your web site for what ever reasons, other web services are provided throughout this period; domain name registration, domain name transfers, domain name/web space hosting, and e-mail services, the fee for which will be waved on the understanding that a 12 month contract will shortly be entered for the related package. If a web site is cancelled before the contract period is commenced, TNT Web Design reserves the right to charge appropriate fees to cover the cost of the supplementary services that have been provided to the customer to date.

By signing and submitting a signed standing order and upon payment of the first months fee, a customer has entering into a binding contract for a period of 12 months of web services.

If a customer wishes to end their services once they have entered into a contract and before the end of the 12 month contract, the customer will remain be liable for any outstanding fees until the end of that 12 month term. If fees have been paid in advance, NO refund will be issued. It is the responsibility of each customer to ensure adequate funds are available for the services requested. At anytime a customer defaults on their payments or web services are suspended due to non compliance with these terms and conditions, TNT Web Design reserves the right to request the balance of fees for the remainder of the 12 month contract be paid in full. In such instances, web services will continue as contracted until the end of any such contract period. If any customer arbitrarily ceases payment of their web services before the end of a 12 month contract, penalties are also applicable.

At any time a customer defaults, or otherwise refuses payment TNT Web Design reserve the right to suspend all services. Before such action, a customer will be given notice to comply. If non-payment continues by the given deadline TNT Web Design will put all services on hold, meaning the customer will not have the facilities and services normally available to them until such a time as funds are received. All e-mail services and web site hosting and design services may be effected. TNT Web Design reserves the right to publish a 'suspension' page onto any web site/web space advertising services are on hold and the relevant actions to be taken. At such a time as adequate funds are received services will be re-activated as normal without prejudice. A re-activation fee will be due. TNT Web Design take no responsibility for any losses financial or otherwise incurred due to the de-activation or suspension of an account.

If a customer cancels a service after commission but before completion, a cancellation fee will be applicable, dependant on the level of work already completed. If a project has been fully completed, then full fees are due. In cases of web sites, full fees are still due, as all hosting, e-mail maintenance & others services are provided free in the first year.

Web services can only be cancelled during initial development stages. As soon as a web site leaves the construction system and enters into the update system, a customer becomes liable for the full 12 months fees. Cancellations fees will be applicable, calculated individually depending on the level of work undertaken to date and any costs incurred by TNT Web Design. on behalf of that customer.

If a customer cancels their services with TNT Web Design after having received domain hosting, e-mail services and for a period, but before web site construction has commenced, fees will be required to terminate the commission in order to cover the cost of services received thus far and any preliminary/research work carried out to date.

No specific support exist for any customer who wish to take up an active role in the maintenance of their web site. Updates are provided under the web site packages. Free training is NOT provided for those intending to participate in the maintenance of their site or to develop html authorship skills, however, suitable support is always available. Customers are not able to publish to a TNT Web Design web site, unless specifically purchased or agreed. TNT Web Design otherwise retains authorship and quality control at all times.

Updates can be submitted to updates@tntwebdesign.co.uk according to which package you have purchased. See your information pack for more details. All updates must be provided in electronic format and received by the Friday 4pm deadline in order to qualify for our update system. Late entries, complex or extensive updates are accepted, however, we can not guarantee work will be completed by Monday 9am. If an update is not RECEIVED by TNT Web Design via the appropriate address by the deadline, the update will be postponed until the following week. TNT Web Design take NO responsibility for late entries, lost entries or delayed entries, if an update is not RECEIVED by 4pm on a Friday the update may not be administered until the following week regardless of time or date SENT.

This provision of free services with any TNT Web Design package is not compulsory nor is it reflected in the prices. Discounts will not be given against packages where customers do not require any free service offered.

In order to make full use of TNT Web Design facilities, customers will require access to a computer with an internet connection set-up through an ISP. TNT Web Design take no responsibility for a customers inability to access a computer and the Internet, and any loss in services which may be incurred as a result. It is entirely the responsibility of each customer to ensure they have adequate knowledge and equipment to the extent of the facilities they wish to make use of.

TNT Web Design are not responsible for any costs incurred or required due to a customers investment in hardware, software or training as a result of their contracting TNT Web Design services.

TNT Web Design can take no responsibility for any customers inability to use services, facilities, software and hardware made available to them through TNT Web Design. Unless specifically otherwise stated or paid for, unless as a direct result of a fault with a purchased Product or Service.

TNT Web Design take no responsibility for any fault in hardware or software and any loss or damaged incurred as a result of any fault, other than that specifically covered by a TNT Web Design warranty.

Complementary services and technical support are supplementary services which TNT Web Design are under no obligation to provide. However, TNT Web Design understand the integral importance of some complementary services and facilities to our customers, i.e. e-mail. Therefore full instructions and support are provided to all times to TNT Web Design customers through our email support facility at support@tntwebdesign.co.uk.

In cases where this support is not comprehensive enough for some customers, it is down to the discretion of TNT Web Design and the individual employee whether further support is possible or indeed available. If the problem is extensive or severe it may warrant expert attention. TNT Web Design can offer these services if the customer is in the proximity to deliver and collect their equipment, however, the customer would receive a services and charges comparable to direct competition in this respect.

All graphics, logos or artwork designed on a customers behalf for use on a web site remains the copyright of TNT Web Design until fully purchased. You have authority to use this artwork for as long as you remain a TNT Web Design customer on this account AND abide by the regulations & restrictions imposed, unless otherwise specifically purchased or agreed.

Any use of such artwork must adhere to copyright regulations; artwork must not be tampered with, altered or misrepresented in any form. Any preparation of artwork for use in printing or other media will be charged at £35 p/hr + VAT.

Artwork can not be used or associated with any illegal dealing.

Artwork can not be used by a third party unless specifically purchased. TNT Web Design take no responsibility nor will stand any warranty on resold products & services.

At such a time as you choose to discontinue the services provided by TNT Web Design usage of any such artwork is prohibited unless fully purchased.

Any original artwork remains the property of the customer.

The administrator, or the person or company otherwise specified, will be registered as the legal owner of any domain name(s). This is the only person with the authority to administer to or request actions on the use of this Domain. Authorization will be required from that said person or party for any changes, alterations, additions or transfers.

TNT Web Design reserve the right to end any services if a customer breaks any of the terms and conditions of TNT Web Design. If a customer should intentionally break any of these terms and conditions or behave in a manor deemed unacceptable of a TNT Web Design customer, they forfeit their right to services. In these instances, outstanding fees and possibly penalties are chargeable.

TNT Web Design reserve the right to end the services provided to any customer at any time. It is to TNT Web Design, discretion whether any such customer will be released from their contract without penalty or are liable for any outstanding fees.

Nick Turner (CEO) TNT Web Design. info@tntwebdesign.co.uk