•“Service” means products and services provided by us relating to the Internet, World Wide Web and e-commerce, including but not limited to internet advertising, internet access, email, website building, website hosting, domain name registration and telecommunication services.
•“Agreement” means the agreement between you and us for the provision of the Service, the terms of which are set out in these Terms and Conditions, the order invoice and any other package Confirmation email.
•“Business Day” means a day, other than a Saturday or a Sunday, on which clearing banks are open for commercial business in both Edinburgh and London.
•“Charges” means the monthly fee, the set up fee and any one-off payments due to us by you for the use of our services.
•“Us” and “we” and “our” means CEOM (Fitzpatrick Technology LTD), a company incorporated in England and based at Swan Buildings, 20 Swan Street, Manchester, Greater Manchester, M4 5JW.
•For more information please visit www.ceom.co.uk
•“You” and “your” means the company or other persons wishing to buy services.
2: Terms and Conditions
•Before using or accepting the Service you should read these terms and conditions carefully.
•By using the Service you show your agreement to be bound by these terms and conditions, whether or not you are a registered user of the Service.
•If you do not agree to these terms and conditions DO NOT use the Service.
•Where we agree to provide any more products or services these may be provided by us or a third party so we will inform you if any additional products or services (whether provided by us or by a third party) attract separate charges or have more or different terms and conditions.
•You confirm that in relation to any Agreement entered into and the purchase by you of the Service that you are acting in a business capacity and are not and will not “deal as a consumer” for the purpose of section 12 of the Unfair Contract Terms Act 1977.
•If you believe that you may be acting as a consumer and not for the purpose of a business you should contact us using the contact details on our website.
3: Customer Obligations
You appoint us to act on your behalf for the provision of the Service.
•3.1 Account security – You will be asked to provide us with a business email for use with the Service which will be used for all correspondence & invoice purposes. You are responsible for maintaining the confidentiality of the email account and also for all activities that take place under use of it.
•3.2 Acceptable use
3.2.1. The following clause 3.2 applies to all uses by you of the Service, including all use of any website built by you or by us and/or hosted by us as part of the service. We may suspend or block access to your use of the Service if you break, or we have reason to believe you may have broken this clause or any other provision of these terms and conditions. You shall not:
126.96.36.199. Engage in illegal or unlawful activities through the Service or via your website.
188.8.131.52. Make available or upload files to your website or to the Service that you know or should be reasonably aware contain a virus, worm, Trojan or corrupt data.
184.108.40.206. Get or try to get access, through whatever means, to areas of our network or the service which are identified as restricted or confidential, or
220.127.116.11. Move material to or from your computer or website which infringes any laws, regulations or the rights of others.
3.2.2. In using the service you shall keep to all laws applicable to this use.
3.2.3. We reserve the right to remove material from your website or the Service that we find offensive or believe that others may find offensive.
3.2.4. You are responsible for providing all information that you want to be put on your website. You have full responsibility for the content of your website including without limitation any images that you display on your website. It is your responsibility to ensure that the content of your website does not breach the intellectual property rights of any third party and that you have permission to use all content. We accept no liability for the content of your website.
3.2.5. We reserve the right to stop the whole or any part of the Service in relation to your website and to stop the Agreement if we deem the content of your website to be unsuitable.
3.2.6. It is your duty to terminate the Agreement within the parameters of clause 7.1.1.
4: Our Service Obligations
4.1.1. The scope of the service to be provided is set out in the original sales call & keyphrases & coverage areas are confirmed on your original invoice.
4.1.2. We warrant that we will make reasonable attempts to make sure that the service is provided as described in the Website and confirmed in the invoice but because the Service is provided by means of a computer and telecommunication system we make no warranties or representations that the service will be uninterrupted or error free.
4.1.3. You confirm and accept that no software including without limitation software supplied as part of or used to provide the Service is error free and if any errors, interruptions or viruses (save as expressly set forth in the Agreement) all conditions and warranties express or implied, by law or otherwise, (including but not limited to any conditions or warranties as to satisfactory quality or concerning the fitness of the Service or any part of that for a particular purpose) are excluded to the fullest extent permitted by law. No oral advice or written information given by us, our employees, agents, licensors or the like shall create a warranty nor shall you rely on any such information for advice.
•4.2. Suspension of Service
4.2.1. We may stop the service without liability on our part, and with as much prior notice to you as reasonably possible (except in the case of paragraph (a), (c), (d), (e), (f) or paragraph (g) below in which case we may do so without prior notice):
(a)if necessary for operational reasons or for the purpose of carrying out work at our premises or maintaining or upgrading the Service or system; or
(b)if obliged to comply with an order, instruction or request of an emergency service organisation or a governmental or other competent authority; or
(c)if you owe any payment to us; or
(d)your package is costing us more than your monthly payment which you make to us; or
(e)we suspect non genuine users (including yourself) are clicking on your ads; or
(f)you unfairly threaten to report us to Google (or any other trading or licensing or governing body) which may jeopardise our long term business relations; or
(g)you demand 100% uptime when this cannot be achieved.
5: Limitation of Liability
•5.1. Our entire liability and your only remedy for any claim for breach of duty, tort or breach of these terms and conditions, whether or not arising out of negligence, is limited to the fee paid by you for the Service from which the breach has arisen, in the twelve (12) months before the action or event giving rise to the liability.
•5.2. In no event will we be liable to you for any indirect or consequential loss or damage whatever (without limitation for example loss of business, loss of opportunity, loss of profits) including as a result of disclosure of your username or password. This shall apply even where a loss was reasonably foreseeable or if we had been made aware of the possibility of you incurring a loss.
•5.3. Our liability to you for fraudulent misrepresentation and for death or injury resulting from our own negligence or that of our employees’ or agents’ negligence while acting in the course of their duties shall not be limited.
•6.1. In consideration of our provision of the service you shall pay to us the charges as follows:
6.1.1. The monthly fee is taken monthly on either the 1st or 15th of the month when taken by direct debit or via a recurring card payment which is taken on the monthly anniversary of the service start date.
6.1.2. Any other payments due to us for the provision of the Service as given by us, all by the payment method selected by you and written in the relevant invoice sent to you by us. If payment is to be taken on a recurring basis by direct debit or a credit or debit card then this will be taken on either the 1st or 15th of each month after the commencement of the Agreement. If the normal payment date is affected by a Saturday, Sunday or National Holiday; then payment will be taken on the last business day prior to the normal payment date.
•6.2. If any invoice for the Service is unpaid we reserve the right to immediately suspend or cancel the Service (including any domain name registration). Suspension of Service will not remove your liability to pay any charges that are due and payable on your account at the date of termination. Cancelling a direct debit does not cancel the service and all outstanding payments will be taken from your credit or debit card which we hold on file. Also we will have the right to charge interest on any unpaid amounts at the rate of 3% over the then current Bank of England base rate. If you do not pay any charges we reserve the right to sell, rent and / or change the ownership of any domain names into our name without further notice to you. If the domain name is cancelled for non payment then it will become available to others for registration. If the domain name reverts to us then you may negotiate directly with us to regain the domain however we have no obligation to give the domain to you.
•6.3. You agree that cancelling a direct debit does not cancel the service and where a direct debit has been cancelled for any reason you agree all payments will be taken from the credit or debit which you provided at the start of the agreement.
•7.1. The Agreement will become effective on the date the Service is first provided and depending on any rights of termination set out in these terms and conditions shall continue for a period of not less than thirty (30) days.
7.1.1. Cancellation must be sent by your authorised email address and sent to "email@example.com" we cannot accept cancellation requests to any other email account. Written cancellation is also accepted please write to CEOM (Fitzpatrick Technology LTD), Swan Buildings, 20 Swan Street, Manchester, Greater Manchester, M4 5JW please also provide proof of postage and a receipt can be supplied.
•7.2. We shall have the right to end the Agreement by notice in writing to you if any of the following events occur:
7.2.1. You fail to make any payment when it becomes due to us, or
7.2.2. The bandwidth used for traffic to and from the web site is exceeded beyond use considered acceptable by us and is deemed by us to affect the performance of other client websites. Notwithstanding any other remedies we may have under these terms and conditions or in law, if the acceptable bandwidth is exceeded, we may elect to charge you an extra monthly fee to be discussed with a sales consultant at the time, or
7.2.3. If you break any of your obligations under the Agreement.
•7.3. If you end the agreement during the initial thirty (30) day period other than in accordance with clause 7.1, or because we have increased the charges or materially changed the terms of the Agreement to your detriment, or if the Agreement is ended under clause 7.4 below, you must pay us the applicable charges for the remainder of the period.
•7.4. Either party may end the Agreement or the service provided under it immediately by notice to the other if:
7.4.1. The other party commits a material breach of the Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so, or
7.4.2. The other party commits a material breach of the Agreement which cannot be remedied under any circumstances, or
7.4.3. The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court makes an order to that effect, or
7.4.4. The other party ceases to carry on its business or substantially the whole of its business, or
7.4.5. The other party is declared insolvent, or convenes a meeting of or proposes to make any arrangement or similar composition with its creditors or a liquidator, receiver, administrative receiver, manager, trustee, or similar officer is appointed over any of its assets.
•7.5. Any rights to end the Agreement shall be without prejudice to any other accrued rights.
•7.6. On termination of the Agreement for any reason: we shall have the right immediately to remove any apparatus belonging to us from your premises; and all amounts owing for the Service shall be due and payable in full on demand whether or not then due and you shall have no right to withhold or set off such amounts; and we may delete all email, websites, and other data stored on the Service by you and re-use the email addresses, domain names and web spaces not held by you. We shall not exercise this right for six (6) weeks in the case of termination by us other than for breach by you and in such circumstances shall transfer any domain names held by you to another ISP subject to your payment of the relevant prevailing domain name transfer charge rate.
•7.7. Upon the termination of the Agreement for any reason whatsoever: you shall promptly return to us all copies of all software relating to the Service in your possession; and we may cease to host your website with immediate effect; and each party shall on request promptly return any documents or papers relating to the other party (including any of the other party’s confidential information) which it then has in its possession or control.
7.8.1. Where a service issue arises during the initial set up period you may request a refund, however we reserve the right to provide a service extension or another product or to resolve the service issue as an alternative to providing a refund.
7.8.2. We reserve the right to charge for any extra services you have requested from us for your cancellation of service, including without limitation any services relating to web design for a temporary website, forwarding or transferring the service and providing backup whilst any such transfer is carried out.
7.9.1. We may assign or transfer the whole or any part of the Agreement at any time. You may not assign or otherwise transfer the Agreement or any part of it without written consent.
•8.1. We will automatically renew your contract each month unless you tell us to cancel at least thirty (30) days before the end of the period instructing us to do otherwise. We will NOT notify you regarding this renewal closer to the date. Customers are advised they can select manual renewal each month if required however the promotion will cease to run if payment is not received before the monthly anniversary date.
•8.2. You agree in the event that we are not told at least thirty (30) days prior to your next monthly payment date of your wishes NOT to renew we will automatically renew the contract for a further thirty (30) days and we will continue to bill you for the service.
•8.3. If payment is not received via this process (i.e. account details are no longer valid etc) we will inform you via telephone, or email and you agree that the invoice is to be paid and that we reserve the right to pursue any outstanding invoice through the appropriate legal channels.
•8.4. You agree that any package of ours purchased under promotion at a discounted price for the first year may be charged at the full price for all subsequent years at our discretion.
•8.5. We will use our reasonable endeavours to make sure that your domain name, internet keyword or any other product comprising the Service will be automatically renewed after expiry of the initial Agreement period and will endeavour to make sure that the renewal is for a period covering the Agreement period.
•8.6. Where a domain name is to be renewed we will automatically renew a domain(s) either as part of the overall package or as an individual domain. An annual renewal fee will be applicable as outlined in the renewal notice sent at least three (3) days prior to renewal.
•8.7. Whilst we use all reasonable endeavours to make sure your domain name, internet keyword or any other product of ours is renewed at the relevant renewal date, you acknowledge that it is not possible for us to guarantee such renewal and that we shall not be liable for ant failure to renew the domain name.
9: Product Terms and Conditions
•9.1. Website construction
9.1.1. We shall assist you with the construction of and / or development of a simple website in accordance with the options selected by you when ordering services.
9.1.2. On packages that include a website construction option, the following options are available.
9.1.3. We will provide you with access to our web space as specified below.
9.1.4. Upon payment of the appropriate fee, we shall allocate web space on our website server as defined by our package, as outlined on the relevant invoice, on which your website may be hosted.
9.. Any updates and/or amendments to your website, web space or retrieval of email shall be made by us using the software by accessing your website on our website server via our designated connection platforms (dial-up or broadband). In the event your website is accessed, updated or retrieval of email is facilitated in any other way than via the connection platform as specified by us, you will incur an additional fee.
9.1.6. Whilst we shall use all reasonable endeavours to ensure your website can be accesses by users of the internet at all times, you acknowledge that it is technically impossible to provide such access free of fault at all times and we do not undertake to do so. We expressly reserve the right to suspend availability of your website for the purposes of scheduled maintenance. Access to your website may also be adversely affected by conditions and performance outside our control, including without limitation the breakdown of transmission and telecommunication links.
9.1.7. If we agree to design your website you acknowledge and agree that you are responsible for supplying to us the materials which you would like to be included in the building of your website. We may reproduce, as well as digitally manipulate the materials in the course of building your website and you confirm that we are allowed to do so. We reserve the right to reject any part of the material submitted if it is deemed by us unsuitable for inclusion within your website or if such materials violate any aspect of our acceptable use policies.
9.1.8. You acknowledge that the volume or type of material submitted must be commercially realistic for us to build your website within the defined scope of work. You accept that we may, at our discretion, decline to perform the website development services if your expectation exceeds that scope of the work as agreed with you when the order for the Service was placed.
9.1.9. You accept that we will not be responsible for holding design material for more than one month from date of completion and uploading of your website to your web space. You must write to us on your company or business letterhead instructing how and where to return the design material along with a self addressed postage paid envelope before the expiration of the one month period if you desire the material to be returned.
9.1.10. If you request, we will include in your website links to other websites and you acknowledge that we will not make any independent enquiry into those links. You confirm that the creation of those links is authorised by the owner/operator of the linked site and that the linked site does not conflict with our acceptable use policy.
9.1.11. Where we are designing a bespoke website or template we are unable to proceed with the build until you supply us with the materials which you would like to be included. We will remind you to send this material for a period of six months during which you will receive three written reminders. No refund will be given on the grounds that the website or template was not created.
9.2 By registering a domain name ending in.uk (with some very limited exceptions), you enter into a contract of registration with us (Nominet UK). The contract includes conditions limiting our liability and relating to our use of your personal information. This contract is just for the domain name and separate to any arrangement you may have with any other organisation for providing internet services. Nominet's full Terms and Conditions of Domain Name Registration - effective from 4 May 2014 can be found HERE
LAST UPDATED: 04/01/2018