1 Provision of service
1.1 This contract covers the provision of service by Easytec Business Solutions Ltd to the customer. It supersedes and takes precedence over any previous written or oral representations given or made by the company or any representatives of the company. In agreeing to the provision of the services, the customer is deemed to have read and understood these terms and conditions.
1.2 Any date proposed either by the customer or for the provision of services to be treated as an estimate only and Easytec Business Solutions Ltd accepts no liability for any failure to meet it.
1.3 Unless Easytec Business Solutions Ltd receive a notice in writing from the customer terminating this contract at any time prior to the renewal date, the customer will be deemed to renew the contract at the end of the twelve month period and be subject to the terms and conditions referred to herein.
1.4 Easytec Business Solutions Ltd reserve the right to alter or amend its terms and conditions by giving seven days' prior notice to the customer. Notice will be deemed to have been given by Easytec Business Solutions Ltd by displaying the notice on the web site of Easytec Business Solutions Ltd which can be found at http://www.Ezeetec.com/terms ofuse.html
1.5 Not withstanding the above, the customer will grant Easytec Business Solutions Ltd permission to deduct any funds due at the date of renewal from previously supplied credit card information.
2 Definition and application
2.1 In this Contract:
"the customer" means the customer with whom Easytec Business Solutions Ltd makes this contract including a person reasonably appearing to Easytec Business Solutions Ltd to act with that customer's authority.
"WWW" means World Wide Web service available on the Internet;
"Domain names" means Internet addresses which have been registered with the central registration authorities on the Internet on behalf of the customer; "Hosting" means the making available of the customers domain name to the Internet community; “Co-hosting” means a service whereby the customer co-locates their computer system within the premises of Easytec Business Solutions Ltd for the purposes of hosting; "Upload" means transfer computer files to the Easytec Business Solutions Ltd computer system or customer’s computer system, in the case of a co-hosting service, for publication on the Internet, WWW; "Commencement date" means the date of Easytec Business Solutions Ltd's acceptance of the customer's order specified on the customer invoice; "This contract" means the contract between the customer and Easytec Business Solutions Ltd incorporating these terms and conditions; "Web site" means the area on Easytec Business Solutions Ltd's computer system or customer’s computer system, in the case of a co-hosting service, allocated to the customer for the purpose of this order; "Renewal Date" means the date of renewal of this contract between the customer and Easytec Business Solutions Ltd, as defined on the customer invoice; "Megabyte" means 1,048,576 bytes or characters of information; "Gigabyte" means 1,073,741,824 bytes or characters of information; "Illegal"
2.2 Any words in the singular include the plural and vice versa. All definitions, notes, terms and conditions referred to in this contract form part of the contract as if they were expressly set out in it.
3 Contract period
This Contract shall continue from the commencement date for a period of twelve calendar months subject to termination under conditions 8 and 9.
4 The Customer's responsibilities
4.1 It is the customer's obligation to ensure that they do not upload a virus to the web space provided by Easytec Business Solutions Ltd, or onto a customer’s co-hosted server, which could infect the Easytec Business Solutions Ltd server or the customer’s co-hosted server. The customer must not allow a virus to enter the Internet community by allowing Internet users to download files containing viruses and knowingly or otherwise from their web space which is on a Easytec Business Solutions Ltd server or a customer’s co-hosted server.
4.2 It is the customer's obligation to ensure that any material being uploaded is not in breach of copyright. Easytec Business Solutions Ltd accepts no responsibility for the customer's actions in either uploading material to the WWW or in the customer's transferral of any material to other Web sites.
4.3 The customer agrees not to upload any material which would be considered to be contrary to public decency and morality. Easytec Business Solutions Ltd reserve the right to randomly inspect Web sites and in the event that any unauthorised material has been uploaded to that Web site, Easytec Business Solutions Ltd reserve the right to inform the authorities and to terminate this contact forthwith. Uploaded material would expressly include pornographic, barbaric and overtly tasteless material.
4.4 The customer agrees that it shall not cause or permit or in any way assist in any unauthorised publication, any dissemination of any defamatory material or any material which could be considered to be in breach of the criminal laws of srilanka,Englend and Wales.
4.5 The customer agrees to keep secure the login name and password supplied by Easytec Business Solutions Ltd and not to pass that information to any unauthorised person. In the event of the customer's login name and password being used by any unauthorised person, Easytec Business Solutions Ltd accept no responsibility and the customer will be liable for additional charges arising therefrom.
4.6 The customer is only entitled in this contract to transfer a maximum of two Gigabytes of data per month without incurring any additional charges. Any transfer in excess of this figure will result in a charge of £5 per 100 Megabytes or any part of it of data transferred per month. Payment is expected within 7 days. Failure to pay any excess charge will result in termination of this account
4.7 If the contract is terminated for whatever reason, the customer will not be entitled to a refund either pro-rata or at all of the contract price.
4.8 The customer agrees not to perform any action which will result in the reduced performance of the Easytec Business Solutions Ltd server to the detriment of other users.
4.9 Not to commit any act whereby access is gained by the customer to any information or resources of any body corporate or person, individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions.
4.10 The customer agrees not to useEasytec Business Solutions Ltd's servers or co-hosted servers to send unsolicited or spam e-mail to other Internet users. Failure to meet this obligation would result in the termination of this contract without refund.
4.11 Not to do any act or omission, the result of which would have the effect of bringing Easytec Business Solutions Ltd into disrepute.
4.12 It is the custmer's Responsibilty to notify any change of e-mail address or postal address in writing to Easytec Business Solutions Ltd if not, the old e-mail or postal addresses will be used to communicate, if not notified theEasytec Business Solutions Ltd will not be liable for any damages of sevices or businesses.
5 Limitation of liability
5.1 For the avoidance of doubt Easytec Business Solutions Ltd has no obligation duty or liability in contract and/or tort for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
5.2 In any event and in no circumstance shall Easytec Business Solutions Ltd be liable for any loss either direct or indirect of profits, business or anticipated savings or any other direct or indirect consequential loss arising out of the provision of the service to the customer.
5.3 In no circumstance shall Easytec Business Solutions Ltd be liable for any loss whether direct or indirect arising from the content of any information placed by the customer onto the service provider of Easytec Business Solutions Ltd.
5.4 Under no circumstances shall Easytec Business Solutions Ltd be liable for loss whether direct or indirect of profits, business or anticipated savings or for any direct or indirect consequential loss whatsoever by the failure of, or any problem experienced by the customer in it's operation of it's web site.
5.5 Each provision of this condition is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable.
6.1 Without prejudice to any other rights or remedies which Easytec Business Solutions Ltd may have against the customer, the customer shall indemnify Easytec Business Solutions Ltd against any loss or expenses sustained by reason of any breach of this contract and any actions, proceedings, claims or demands in any way connected with this contract brought on by or threatened against Easytec Business Solutions Ltd by a third party which are caused by or arise from any action of Easytec Business Solutions Ltd carried out pursuant to the instructions of the customer.
6.2 The customer shall indemnify Easytec Business Solutions Ltd against any actions, proceedings, claims or demands in any way connected with this contract brought or threatened against Easytec Business Solutions Ltd by a third party which are caused by or arise from any act or default of Easytec Business Solutions Ltd carried out pursuant to the instructions of the customer.
7 Charges Or Related To
7.1 The full contract price must be paid on receipt of invoice for the service contemplated by this contract, unless a prior credit agreement has been approved by Easytec Business Solutions Ltd in writing.
7.2 All charges of whatever nature in respect of service shall as such be as Easytec Business Solutions Ltd shall determine from time to time. On each occasion when service is provided to the customer, the customer shall pay the charges in force at that time, full details of which will be available from the address specified in condition 9.
7.3 Value added Tax where applicable will be added at the appropriate rate to the total of all charges shown on the customers bill.
7.4 Subject to paragraph 9 below, the administration charge referred to therein is payable in full within seven days.
7.5 Should Easytec Business Solutions Ltd have to issue Court proceedings pursuant to this contract the customer accepts responsibility for all Easytec Business Solutions Ltd legal fees and disbursements notwithstanding the value of the claim, on an indemnity basis.
7.6 Any third party costs Easytec Business Solutions Ltd may incur due to processing the payment for the services will be payable by the customer within seven days.
7.16 Easytec Business Solutions Ltd
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