DEFINITIONS
These terms and conditions of service shall constitute the whole of the contract between the customer (herein after referred to as the buyer, customer) and CWORKX (herein after referred to as CWORKX) of 42A Tamworth Road, Croydon Surrey CR0 1XU.
The service, services, products means the electronic transmission of information, graphics, sound and any other form of information transfer through the CWORKX servers and lines of telecommunication. All terms and conditions apply to the sale of Internet services - Internet servers, hosting of Internet servers, space on Internet servers, hosting of virtual Internet servers, website, domain names, electronic transfer of information, design, construction and work involved in the production of such and any other services and products supplied to the customer and purchased from CWORKX. No terms, conditions or reservations stipulated by the customer and no course of dealing shall annul, vary or add to any of these conditions in so far as expressly consented to and agreed to in writing by CWORKX
SERVICE
1.1 CWORKX accepts the customer's acknowledgement of these terms and conditions, breach of any of which may result in termination and/or suspension of the customer's right to use the service.
1.2 All services supplied must be paid for in full prior to the provision of any service unless agreed in writing with CWORKX , the price being quoted as the list price of CWORKX agreed on it's behalf at the time of contract or order with the customer.
1.3 Payment/renewal fee of subscription based services such as domain names, hosting accounts and SEO are due on the anniversary date of client signing up to the service/s of CWORKX .
1.4 All prices quoted verbally or in writing (prices being the CWORKX list price at exchange of contracts) for provision of service are excluding VAT at the standard rate for the service supplied and are subject to change without notice.
1.5 Alterations in the standard price of service supplied will only be accepted by CWORKX in writing on a CWORKX authorized order form signed by an agent or employee of CWORKX .
1.6 No order which has been accepted by CWORKX and signed by the customer or his/her representative may be cancelled by the customer or his/her representative except with the agreement in writing of CWORKX within seven days of signing of the order and on terms that the customer will indemnify CWORKX in full against any loss, costs (including the cost of goods ordered for the customer by CWORKX on behalf of the customer for the supply of service ordered), damage, charges and expenses incurred by CWORKX as a result of cancellation.
1.7 CWORKX reserves the right to suspend any/all services until such time as full payment has been made. Non-payment of an overdue account may result in the suspension of all services and credit facilities indefinitely.
1.8 All services and goods supplied by CWORKX , including domain names, which may be registered in the actual name of a third party, remain the property of CWORKX until the customer has made full and final payment to CWORKX .
1.9 Domain Names requiring transfer away from CWORKX to an alternative company may be subject to a charge. This charge is at the discretion of CWORKX and is subject to change without notice.
USE OF SERVICE
2.1 Under no circumstances will the storage and transmission of pornographic materials in any form whatsoever be allowed through or on CWORKX 's servers and data transmission cables. The term 'pornographic materials' is purely at the discretion of CWORKX and their decision in such matters is final.
2.2 The customer accepts sole liability for any material including but not restricted to data, graphic, photo supplied to CWORKX , which is subject to copyright or is judged to be of an unlawful nature or is judged to be in violation of UK or international law or regulation.
2.3 The customer acknowledges that the service may only be used for lawful purposes: any information including but not restricted to graphic, image, photograph and text in violation of any UK law or regulation including but not restricted to material which is obscene, indecent, judged to be unlawful in the UK and/or abroad, threatening, damaging (to include transfer of computer virus), copyright, trade secret, is prohibited whether or not the customer was aware of the content, material and/or the laws pertaining to the material.
2.4 The purposes of the services provided to the customer by CWORKX are for the storage and transmission of standard websites, this means that the space provided on CWORKX's Internet network must not be used as an FTP area for the transmission of demo software and other high-bandwidth applications, these applications are at the discretion of CWORKX and their decision in such matters is full and final. If such applications are required on a website then it is suggested that these are posted on dedicated FTP sites which can be reached by appropriate links on the websites stored on CWORKX 's Internet network.
2.5 CWORKX reserves the right to limit the transfer of data if such transfer of data is deemed to cause high traffic demands by way of download of files, whether through the size of the files and/or the number of users of a particular service. The customer acknowledges their obligation to inform CWORKX of the exact nature of the files by size, type and content, and understand that a surcharge may be levied for the additional bandwidth required to accommodate the traffic. The customer has the right under these conditions to terminate the service contract and an appropriate refund will be made which will be a percentage of the initial invoice, minus admin charges.
2.6 The customer acknowledges that they shall be solely responsible for any violation of UK law with regard to the remote loading of information of any kind onto the CWORKX server/computer, to view, download to and/or by a third party, CWORKX will retain the right to suspend and/or terminate any remote service which they deem to be in breach of UK law or is of a nature which may be damaging, threatening or judged to include but not restricted to material which is obscene, indecent, libellous, subject to copyright, whether or not the customer was aware of the content or the laws and regulations pertaining to it both in the UK and internationally.
2.7 The customer acknowledges sole liability with regard to any claim by third parties alleging any infringement of rights of any kind due to transmission of any information to view by the customer and shall include any infringement of rights under UK and international law and/or regulation, and as such agree to pay CWORKX any costs incurred in the defence by CWORKX of any action brought against them by a third party arising from such claims.
2.8 CWORKX will make every effort to provide an efficient and constant service, but cannot guarantee that the service and connection be maintained at all time. The customer acknowledges that the service may be disconnected from time to time for necessary repair and/or servicing and that the customer will not hold CWORKX liable for any alleged loss relating to interruption of service howsoever arising, CWORKX will under no circumstances be held liable for any economic or consequential loss.
CWORKX's Anti-Spam and Network Abuse Policy
While CWORKX is not responsible for content that is transmitted by its servers, out of respect for its customers, CWORKX takes a zero tolerance approach in regards to network abuse.
CWORKX defines network abuse as sending bulk unsolicited email (spam), initiating denial of service attacks or other forms of attack as well as the transmission of any material in violation of any Federal, Provincial or local regulation. This material includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.
When a complaint regarding network abuse is received, our network administrators investigate it. If the complaint is found to be legitimate, action is taken according to the type of abuse.
If the abuse is such that it is a threat to our continued operation, we will immediately shutdown the account. In all other cases, we will consult the affected CWORKX customer before taking action, unless alternative arrangements have been made.
Please note that CWORKX considers spamming to be a threat to our continued operation. As our bandwidth providers will block our IP range in the case of incessant spamming, we take this matter very seriously. Any account found to be spamming will be immediately shutdown. The affected CWORKX customer will be notified as soon as possible after the shutdown.
LIMITED LIABILITY
3.1 Any liability arising from, including but not restricted to damages caused or allegedly caused by any failure to provide the agreed service, error, omission, interruption of service and/or delay of transmission of service, loss of electronically stored information due to theft, fire, destruction or by means of unauthorized access to electronic information stored on CWORKX equipment, shall be restricted to a maximum of the amount paid by the customer for the service/s provided by CWORKX or agent of CWORKX minus administration costs.
The headings in these conditions are intended for reference only and shall not effect their construction.
GENERAL
4.1 Breaching of these terms and conditions in any form will allow CWORKX to terminate the contract between the customer and the company trading as CWORKX. Monies outstanding or owed to either party will be decided by CWORKX and their decision in such matters will be full and final.
4.2 Use of CWORKX services and goods including domain names constitutes acceptance of these terms and conditions. All services provided are stipulated on this invoice, if any additions advertised or inferred by CWORKX or an agent of CWORKX do not appear in writing on this invoice, then CWORKX must be informed in writing by the customer within 14 days.
CWORKX
42A Tamworth Road
Croydon
CR0 1XU
Tel: +44 (0)870 143 6771
