The information contained in this website is for general information purposes only. The information is provided by us and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Internet Copyright Notice
This website and its content is copyright as per the notice on the homepage. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
You indicate acceptance of these terms and conditions of service by placing an order with Northampton Marketing. These terms and conditions will not be varied for individual Clients.
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "Northampton Marketing".
1.1.2 “Domain name” means any domain name rented to the Client or acquired by Northampton Marketing for the Client;
1.1.3 "Downtime" means any service interruption in the availability to visitors of the Website;
1.1.4 “Hosting” Hosting is the service provided by Northampton Marketing that supports the provision of a Website to the Client;
1.1.5 "Intellectual Property Rights" means patents, trademarks, design rights, applications or any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.6 "IP address" stands for Internet Protocol address which is the numeric address for the server;
1.1.7 "ISP" stands for Internet Service Provider;
1.1.8 “SEO” means Search Engine Optimisation;
1.1.9 "Server" means the computer server equipment in connection with the provision of the Services;
1.1.10 "The Services" means the website any other services or facilities provided by Northampton Marketing.
1.1.11 "Spam" means sending unsolicited and/or bulk emails;
1.1.12 "Virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "Trojan horses";
1.1.13 "Visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at www.northamptonmarketing.co.uk.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2.1 The Client wishes to provide Northampton Marketing with data that will be hosted on the servers and made accessible via the Internet.
2.2 Northampton Marketing provides the website and web hosting services and has agreed to host the Client's data upon the following terms and conditions.
3.1 Northampton Marketing shall provide to the Client the Services specified in their order subject to the following terms and conditions.
3.2 The Client shall deliver to Northampton Marketing the Website and the software used in the Website which is owned by the Client, or licensed to him by a third party or Northampton Marketing ("the Client Software”), in a format specified by Northampton Marketing.
4 CHARGES, TIMESCALES, PAYMENT AND GUARANTEE
4.1 Payment methods include credit cards (including MasterCard, Visa), debit cards (including Switch/Maestro) via Paypal and Cheque or Bank Transfer via on-line invoice.
4.2 Northampton Marketing do not accept postal orders, cash or any other form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT unless otherwise stated.
4.4 Northampton Marketing shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 Northampton Marketing does not provide credit facilities.
4.6 From time to time Northampton Marketing may make enquiries on the Client’s company, proprietor or directors of the Client’s company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 Should your chosen payment method fail Northampton Marketing will attempt to settle your invoice using any other payment facilities available on your account.
4.8 All services will continue until cancelled by the Client in writing.
4.9 Website design fees are to be specified by Northampton Marketing and agreed upon by the Client before commencement. Unless confirmed otherwise in writing, a non-refundable reservation fee shall be payable before work begins on the site in question; the balance to be paid in full within fourteen days after notification of completion of Website via telephone, fax or electronic mail.
4.10 Northampton Marketing provides "Satisfaction Guarantees" on all website products. Should your Website not meet your requirements, no further charges will be payable (other than the reservation fee).
4.11 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
4.12 Northampton Marketing warrants that the Website will be completed no more than six complete working weeks from the date that the Client accepts the quotation and provided that Northampton Marketing has received all text, images and any other information required to produce the Website. Payment will become due within eight weeks from acceptance of quotation. If the Client wishes to make any minor changes in text after the completion of the Website, this is acceptable under the terms of this Agreement. If the Client wishes to make excessive changes in text, or any change in graphics or layout whatsoever once pages are completed, Northampton Marketing reserves the right to charge the Client additionally at our standard rate (currently £45 plus VAT per hour).
4.13 Northampton Marketing will not be responsible for any malfunction of the Website due to individual computer or browser problems or any server problems. The Website will be designed and tested on Internet Explorer and Netscape Navigator browsers in Versions 5 and above and Northampton Marketing cannot be held liable for malfunction of the site when viewed in another browser. Northampton Marketing test the site on a PC platform, although the Website should perform identically on Macintosh and UNIX platforms.
5 IP ADDRESSES
5.1 Northampton Marketing shall maintain control and ownership of the IP address that is assigned to the Client as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where Northampton Marketing changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Client.
6 ACCEPTABLE USE POLICY
6.1 The Website and use of the Services may be used for lawful purposes only and the Client may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Client agrees not to:
6.1.1 Use the Website or the Services in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
6.1.2 Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
6.1.3 Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any Intellectual Property Rights (for the avoidance of doubt this includes licensed software distributed as Warez), on the Website or via the Services
6.1.4 Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
6.1.5 Engage in illegal or unlawful activities via the Website or through the Services;
6.1.6 Make available or upload files to the Website or to the Services that the Client knows contain a virus, worm, Trojan or corrupt data; or
6.1.7 Obtain or attempt to obtain access, through whatever means, to areas of Northampton Marketing's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
6.1.8 Operate or attempt to operate IRC bots or other permanent server processes.
6.2 The Client has full responsibility for the content of the Website. The Client represents to Northampton Marketing and unconditionally guarantees that any elements of text, graphics, photos, design, trademarks or other artwork furnished to Northampton Marketing for inclusion in the Website are owned by the Client or that the Client has permission from the rightful owner to use each of these elements and will hold harmless, protect and defend Northampton Marketing and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. For the avoidance of doubt, Northampton Marketing is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
6.3 If the Client fails to comply with the Acceptable Use Policy outlined in Clause 6.1 Northampton Marketing shall be entitled to withdraw the Services and terminate the Client's account without notice.
7 PERMISSION TO USE AND CONSIDERATION
7.1 Northampton Marketing grants to the Client an exclusive right during the term of this Agreement to use the Domain Name in accordance with this agreement and for no other purpose.
7.2 The Client shall pay Northampton Marketing for the Domain Name and where applicable the SEO and Hosting annual rental agreed at the time of the rental plus the applicable rate of VAT for the first year of this agreement.
7.3 If the Client subscribes to the SEO Services, Northampton Marketing will provide to the Client this service on a best endeavours basis.
8 ALTERATIONS AND UPDATES
All alterations and updates to the Website shall be made by the Client using the online account management facility, FTP access or SSH access where available. The Client will be issued with a user name and password in order to access the account. The Client must take all reasonable steps to maintain the confidentiality of this user name and password. If the Client reasonably believes that this information has become known to any unauthorised person, the Client agrees to immediately inform Northampton Marketing and the password will be changed.
9.1 The Client warrants and represents to Northampton Marketing that Northampton Marketing's use of the Content or the Client Software in accordance with this Agreement will not infringe the Intellectual Property Rights of any third party and that the Client has the authority to license the Content and the Client Software to Northampton Marketing.
9.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Northampton Marketing shall not be liable to the Client as a result of any viruses introduced or passed on to the Client.
The Client agrees to indemnify and hold Northampton Marketing and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Northampton Marketing arising out of any breach by the Client of the terms of this Agreement or other liabilities arising out of or relating to the Website.
11 LIMITATION OF LIABILITY
11.1 Nothing in these terms and conditions shall exclude or limit Northampton Marketing's liability for death or personal injury resulting from Northampton Marketing's negligence or that of its employees, agents or sub-contractors.
11.2 The entire liability of Northampton Marketing to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
11.3 In no event shall Northampton Marketing be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Northampton Marketing had been made aware of the possibility of the Client incurring such a loss.
12 TERM AND TERMINATION
12.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
12.2 Northampton Marketing shall have the right to suspend or terminate this Agreement if the Client fails to make any payment when it becomes due.
12.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
12.3.1 The other party commits a material breach of this 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
12.3.2 The other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
12.3.3 The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
12.3.4 The other party ceases to carry on its business or substantially the whole of its business; or
12.3.5 The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
12.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
12.5 On termination all data held in the Client’s account will be deleted.
13.1 Northampton Marketing may assign or otherwise transfer this Agreement at any time.
13.2 The Client may not assign or otherwise transfer this Agreement or any part of it without Northampton Marketing's prior written consent.
14 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement 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 2 days following the date of posting.
17 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
18 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
19 DOMAIN NAME REGISTRATION
19.1 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 Northampton Marketing will provide a full refund for that domain name.
19.2 Domains acquired for Clients will be initially registered by Northampton Marketing and should ownership transfer to the Client be required during the term of the Agreement, there may be an administration charge (currently £45 plus VAT).
Heart Internet are not responsible for Client programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
21.1 We will collect personal information from you for the following purposes: to receive payment from you, to run the Service, to register domain names on your behalf, to send you marketing information in the future (with your consent), and to maintain our accounts and records.
21.2 We will not pass your personal information to any other organisation, except:
21.2.1 Where we employ the services of a third party in order to operate an aspect of our service (including but not limited to payment processing and domain name registration),
21.2.2 To comply with any applicable law or valid legal process (including but not limited to requests by government agencies), if required to do so by the police or the courts, or if placed on legal notice to do so, or if we believe you may be in breach of our Terms and Conditions.
21.2.3 We may set cookies on your browser in order to enable you to use the service. We will not use these cookies to track your browsing or infringe your privacy.
22 DATA TRANSFER
22.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
22.2 Web hosting accounts 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, 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.
23 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other Clients we will discuss with you alternative solutions for your hosting requirements.
24 WEBSPACE USAGE
Web space is available for genuine web site content; content must be linked into web pages. Clients are prohibited from using the server as a file/backup repository. Clients are expected to employ good housekeeping when maintaining their account.
Northampton Marketing, Oak House, 6 Woodland Walk, Northampton NN3 5NS
VAT No 781 5160 29
Telephone 01604 493322