Here are the rules, Don't worry there's not many
Where the context admits: "we", “our” and "us" includes "CartSmart" CartSmart Ltd a subsidiary of Precision Trading Group Limited of: Enterprise House, 12 School Lane, Stockport, Cheshire, SK4 5DG or any party/address acting on Precision Trading Group Limited's implicit instructions. "you" , "your" "user" and “customer” includes the person/organisation/company who has agreed to purchasing the product(s) / service(s) from us or any party acting on the customer's instructions. "server", "website","web site","product","service" admits to a product / service provided by CartSmart to the customer. This “Agreement” is entered into once you purchase a product/service from us, you state that you have read and accepted all parts of the following agreement between you and us. The relationship entered into between you and us is governed by the following Terms and Conditions, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.
Domain Names
Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it
CartSmart will provide a full refund for that domain name. By using a domain name you shall ensure that you are aware of the terms and conditions of ICANN who oversees the .com, .org and .net top-level domains and / or Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains and that you comply with them. Free .co.uk domain names are owned by us and are registered to you, therefore you are responsible for it, you agree to pay use £5+ VAT in the event you wish to move your domain to another provider. You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend
or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
Website Design
Specially designed images and technical aspects relating to the content of the contractual work is maintained in computer storage, and remains the sole property of CartSmart, who give no guarantee that it will be available at
any future time for re-use. We undertakes however, to take all reasonable precautions to ensure safe storage of such material for at least three years.
Time Periods
All Quotations are valid for 10 days from the date listed in the ‘Quote Date’ box. All Orders are valid for 10 days from the date listed in the ‘Order Date’ box, until the Agreement is signed. Should delivery be required in less than the normal time requisite For it’s proper production within the standard capacity of CartSmart's facilities and normal working hours, an extra charge will be made commensurate with any overtime worked, or extra labour or equipment contracted, in order to expedite such delivery. Unless FULL written agreement is received prior to acceptance of the order, CartSmart will not be liable For any costs or penalties, nor be obliged to give any discount, should delivery of a completed order be past the estimated delivery date. Customers are required to accept delivery of work immediately upon completion unless prior arrangements to the contrary are made. Delayed Delivery Charges at a rate of 1% of contract VALUE per MONTH or part MONTH, may be levied on completed work not collected or unaccepted delivery of, after 7 days from
notification of such completion.
Pricing
Prcing is subject to change at any time and are only valid for the time you have paid for and/or for the time of a contractual agreement with us.
30 days hosting
Although you may not be in a contract, our 30 days hosting hosting charges run back to back. Therefore if your last payment was 15/12/2011, your next payment date would be 14/01/2012, if you pay on 20/01/2011 your payment will be logged as being made on the day it was due (14/01/2012) you will then have 30 days hosting untill 13/02/2012. If you miss a whole month you will be expected to pay two months hosting. We may deactivate or initial remove your online store/website at any time.
Five days before your next payment is due your Admin Area will start to alert you that your payment is due. Once you pass the day of your payment was expected you will be alerted that your payment is overdue, after 5 days of your payment being overdue the system will automatically deactivate your online store. Once you make a payment your store will come back online. As stated above we will not realign your payment day in accordance with the day you pay, the 30 days will start from the day your payment was due.
Webspace
Webspace is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house
keeping when maintaining their account.
Termination And Refunds
We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you If you: fail to pay any sums due to us as they fall due. break any of these terms and conditions. are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors. No refunds will be made under any circumstances for Services suspended in accordance with this. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the remaining period of prepayment. You may cancel the Services at any time with 30 days notice. Requests for cancellation of the services should be made email to our accounts department. We will cancel the Services within 2 working days of receipt of your request. No refunds will be made after the hosting account has been set up on our Server. Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances. You will not be entitled to a refund on this basis if you have previously held an account with us. Where payment has been made by credit or debit
card, any refunds due will only be issued to the same credit or debit card. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server. On termination of services we shall provide you with the data stored in your web site database only if you have requested the data at the
time of your termination of services request. We shall be entitled to charge you for provision of this data. If you do not request the website data at the time of termination, the data will be deleted with the account.
Ownership, Obligations and Changes to services
You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory. any file you store on the Server will be reachable via a hyperlink from a page on your site. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years. |
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While we will use every reasonable endeavour to ensure the integrity and security of the server, we do not guarantee that the server or website software will be free from errors, or unauthorised access and we shall be under no liability for loss or theft of data, non-receipt or misrouting of email, or any other failure of email, defacement of web site pages or corruption of any data stored on the Server. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time. Smart Store 'software as a service' and is wholly owned by us. The ownership of this system does not pass to you at any time. We reserve the right to upgrade, edit or remove functionality from the system as we see fit.
Service Availability
We shall use our reasonable endeavours to make available to you at all times the server and the services but we shall not, in any event, be liable for interruptions of service or down-time of the server, unless this exides 7 days.
Bandwidth / Content
Accounts include unlimited data transfer, witha fair use policy of 1GB, if you exceed this amount in any one month your account may be deactivated until
your next renew date. You are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way. storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes and to promptly inform us if this clause or any sub clause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us. You will not use our product/service in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so and 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.
Resellers
If you are or become a reseller of our services you will continue to be bound by these terms and conditions, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these. You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us. No default by your customers shall in any way affect, modify or limit your obligations under this Agreement. We authorise you to sell our services under your own brand for the direct use of your clients only. You may not permit your clients to resell the services you provide. A maximum of one reseller account may be held by any single customer at any single time.
Limitation of Liability
Our services / products are used at the customers own risk. We take no responsibility for the loss and / or corruption of data from the use of our services/products. We take no responsibility for the loss of business which results from the use of our services/products. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the server and we shall have no liability for any loss or damage to any data stored on the server.
THE PRODUCT/SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE PRODUCT/SERVICE OR THE USE OR OTHER DEALINGS WITH/IN THE PRODUCT/SERVICE.
Providers
Some of the content and images on our website and content mangement systems are provided by http://www.huddletogether.com/projects/lightbox2/, http://www.vistaico.com/ and http://www.livezilla.net/.
E-Mail Accounts
Mail boxes not accessed for 100 days or more will be deleted from the system.
Fair use
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
Scripts
CartSmart are not responsible for customer programming issues other than ensuring that programming provided by us are installed and are functioning.
Value Added Tax
All prices exclude sales taxes (value added tax) at the current rate (where applicable) unless otherwise stated.
Notices
Any notice to be given by either party to the other may be sent by either email, fax or post to the address of the other party as appearing in the 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.
The Law / Distance Selling Regulations
This Agreement shall be governed by and construed in accordance with English law including but not limited to Distance Selling Regulations and you hereby submit to the exclusive jurisdiction of the English courts.
Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between you and us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between you and 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, you confirm that you have not relied on any representation other than those expressly stated in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
This Agreement is subject to change at any time and without notice.
Version: 4.7 |
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