"Agreement" means the agreement between you and us for the provision of the Services, the terms of which are set out in these terms and conditions and any relevant invoice; "Charges" means the monthly fee, the set up fee and any one-off payments due to us by you for use of the Services; "Invoice" means the document entitled "Invoice" sent by us to you following your placement of an order for Services and confirming certain details of the Services you have selected and certain terms applicable to those Services;
"Service" means products and services provided by us relating to the Internet, World Wide Web and e-commerce, including but not limited to internet access, e-mail, website construction, website hosting, domain name registration and web marketing services;
"us" and "we" and "our" means MBL Web Marketing, a company incorporated in Scotland with company number SC371515 and VAT number 904 2329 52 having its principal place of business at 12 Seedhill Road, Paisley, PA1 1JS.
"you" and "your" means the company or person wishing to purchase Services.
Before using the Service you should read these terms and conditions carefully. By using the Service you indicate your agreement to be bound by these terms and conditions. If you do not agree to these terms and conditions do not use the service.
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". If you believe that you may be acting as a consumer and not for the purposes of a business you should contact us immediately.
3.1 You are responsible for providing all information that you require to be placed on your site. 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 intellectual property rights of any third party and that you have permission to use all such content. We accept no liability for the content of your website.
3.2 We reserve the right to cease to provide the whole or any part of the Service in relation to your website and to terminate the Agreement if we deem the content of your website to be unsuitable.
4.1 The scope of the Service to be provided to you is as set out in the relevant invoice or quotation.
4.2 We warrant that we will make reasonable endeavours to ensure that the Service is provided as described in the invoice or quotation but because the Service is provided by means of computer and telecommunication systems we make no warranties or representation that the service will be uninterrupted or error free.
4.3 Suspension of Service
4.3.1 We may disconnect the provision of 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) or (c) below in which case we may do so without prior notice):
(a) if necessary for operational reasons or for the purposes of carrying out work at our premises or a relevant third party premises or maintaining or upgrading the Service or our 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 outstanding payments to us.
5.1 Our entire liability and your only remedy arising in respect of any claim in respect of breach of duty, 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 months prior to 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 whatsoever (without limitation for example loss of business, loss of opportunity, loss of profits). This shall apply even where such a loss was reasonably foreseeable or if we had been made aware of the possibility of you incurring such loss.
6.1 In consideration of our provision of the Service you shall pay to us the charges as follows:
6.1.1 the set up fee (as specified in the relevant invoice or quotation) ;
6.1.2 the monthly fee (as specified in the relevant invoice or quotation) monthly in advance; and
6.1.3 any other payments due to us for the provision of the service as specified by us, or by the payment method selected by you and specified in the relevant invoice sent to you by us.
6.2 In the event of any invoice in respect of the Service being unpaid we reserve the right to suspend or cancel the Service (including any domain name registration) after giving two weeks written notice to your last known address. 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. Following termination of service we reserve the right to allow others to purchase your domain name.
7.1 The Agreement will become effective on the date of order (as set out in the relevant invoice) and subject to any rights of termination set out in these terms and conditions shall continue for a period of not less than twelve months.
7.2 We shall have the right to terminate 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 clients websites. Notwithstanding any other remedies we may have under these terms and conditions or in law, in the event that the acceptable bandwidth is exceeded, we may elect to charge you an additional monthly fee to be discussed with a sales consultant at the time; or
7.2.3 you are in breach of any of your obligations under the Agreement.
8.1 Renewal will become due 12 months from the date of the original order of the service and annually thereafter, unless specifically notified by us differently.
8.2 We will automatically renew your contract each year after the initial twelve month period of the Agreement unless you notify us in writing at least 60 days prior to the end of the initial period instructing us to do otherwise.
8.3 You agree in the event we are not informed at least 60 days prior to the end of the initial twelve month period of your wishes not to renew, we will automatically raise and forward an invoice to you for the renewal for a further year. We will also continue to debit the monthly fee by your current payment method.
8.4 In the event that we agree to allow you to pay your annual hosting and development by way of instalments you agree that if any instalment is not made on time then you will become liable for the full outstanding amount.
9.1 We may update or amend these terms and conditions at any time. We will communicate changes to you either in writing or via our website.
9.2 The Agreement shall be governed by and construed in accordance with the laws of Scotland and shall be subject to the exclusive jurisdiction of the Scottish Courts.