Last updated: 14 July 2017
“Service” Products and services provided by Fairweather Web to use to the internet, World Wide Web and e-commerce, including but not limited to e-mail, website design, website hosting, domain name registration.
“Charges” Monthly and annual periodic and one-off payments made to Fairweather Web (or proprietor) by the Customer for use of the Service
“Web Consultancy” The building of Customer’s website or online e-commerce store by Fairweather Web
Before using Fairweather Web products and services you should read these terms carefully. By using the Service you indicate your agreement to be bound by these General 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
Where you require any additional products or services, Fairweather Web will supply these. These additional products or services may be provided by Fairweather Web or by a third party. Any such additional products or services (whether provided by Fairweather Web or by a third party) may attract separate
charges and may be subject to additional or different terms and conditions.
4. Customer Obligations
Customer hereby appoints Fairweather Web to act on its behalf with respect to the provision of the Service
4.1. User Account, Password and Security
You may receive or may be asked to register a username and password for certain Hosting packages. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account.
4.2. Acceptable Use Policy
4.2.1 The following acceptable use policy applies to all uses by you of the Service, including all use of your website built by you or by Fairweather Web and/or hosted by Fairweather Web as part of the service.
Fairweather Web may promptly suspend or block access to your use of the Service if you are in breach, or Fairweather Web has reason to believe you may be in breach, of this acceptable use policy, or any other provision of these general terms and conditions Customer agrees not to…
4.2.1/1 use our Services or your website in any way to send unsolicited commercial e-mail or “spam”, or any similar abuse of the Service;
4.2.1/2 send e-mail or any type of electronic message with the intention or result of affecting the performance of any computer facilities.
4.2.1/3 publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information via our Service, or on your website;
4.2.1/4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1 Payments, charges and recurring charges
8.5.3 the other fails to pay any Charges when due; or
8.5.4 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
8.5.5 the other party ceases to carry on its business or substantially the whole of its business; or
8.5.6 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, administrator, administrative receiver, manager, trustee or similar officer is appointed over any of its assets; or
8.5.7 the bandwidth used for traffic to and from the web site is exceeded beyond Fairweather Web’s considered acceptable use and is deemed by Fairweather Web to affect the performance of other Client Websites. Notwithstanding any other remedies it may have under these Terms and Conditions or in law, Fairweather Web, in the event that the acceptable bandwidth is exceeded, may elect to charge the Client an additional monthly fee to be discussed with a Sales Consultant at the time
8.8 If any of the events detailed above occur as a result of Fairweather Web’s default, Fairweather Web may by giving notice to the Client to disconnect the Service or any part of it without prejudice to Fairweather Web’s right to terminate this Agreement. Where the Service or any part of it is disconnected
under this paragraph, the Client must pay the Charges for the Service until this Agreement is terminated.
8.9 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights.
8.10 On termination of this Agreement for any reason: Fairweather Web shall have the right immediately to remove any Apparatus from the Premises; and all amounts owing for the Service shall be due and payable in full on demand whether or not then due and Client shall have no right to withhold or set off such amounts; and Fairweather Web may delete all e-mail, Websites, and other data stored on the Service by the Client and re-use the e-mail addresses, domain names not held by the Client and Web-spaces. Fairweather Web shall not exercise this right for six weeks in the case of termination by Fairweather Web other than for breach by
Client; and Fairweather Web shall transfer any domain names held by the Client to another ISP at the prevailing domain name transfer charge.
8.11 Consequences of Termination
8.11.1. Upon the termination of any Agreement for any reason whatsoever: the Client shall promptly return to Fairweather Web all copies of the Software in his possession; and Fairweather Web may cease to host the Web Site with immediate effect; and each party shall on request promptly return any documents or papers relating to the business of the other party (including any of the other party’s Confidential Information) which it then has in its possession or control.
8.12 Cancellations and Refunds
8.12.1 The Client understands that there is no cancellation or refund policy in place meaning that, from the time the Client provides a credit card payment or signs a service Order or accepts an online order to Fairweather Web, the Client waives any right to cancel or expect a refund for services purchased unless specified otherwise within this document. trade marks registered or otherwise used by any third party and the Client shall indemnify and keep Fairweather Web indemnified in respect of any loss, damages, costs or other expenses arising out of or in connection with any breach by the Client of this Clause.
10.1.9. The Client agrees, as a condition of any Agreement, to be bound by the dispute policy used from time to time by the relevant naming authority or registration agent, which policy can be found in the terms referred to in this Clause above.
10.1.10. The Client acknowledges that Fairweather Web shall have the right to cancel, disconnect, or transfer the Domain Name at any time upon receipt of a court order or arbitration award requiring such cancellation, suspension, or transfer.
10.1.11. Fairweather Web reserves the right to keep the Clients domain if a client cancels. This domain may be re-sold by Fairweather Web and such monies will be payable to Fairweather Web
10.2 Internet Domain Name Transfers
10.2.1. At the Client’s request, Fairweather Web shall host an Existing Domain Name owned by the Client (the “Existing Domain Name”) always provided that the Client shall be solely responsible for the transfer of the Existing Domain Name to the Fairweather Web server on or after the receipt of the Service Order and
for any fees payable to any third party in relation to such transfer. In order to effect the transfer, the Client shall request his current ISP or any other relevant third party:
10.2.1/1 in the case of UK TLD’s to modify the IPS Tag as required by Fairweather Web; and
10.2.1/2 in the case of international TLD’s to replace the name servers, admin, technical and billing contact with the relevant details per Fairweather Web’s instruction.
10.2.2. The Client acknowledges responsibility for the transfer to Fairweather Web or duplication of the Client’s website before the domain name is released from the previous ISP and, in the event that the website is lost as a result of the transfer, the Client agrees to provide Fairweather Web with a copy of the website to be uploaded on the Client’s web space and that the Client will not hold Fairweather Web liable for any loss whatsoever of any of the Client’s material in the transfer process.
10.2.3. On termination of this Agreement, the Client may transfer the Domain
Name or any Existing Domain Name to any third party server subject to completion by the Client of a transfer form and payment by the Client of the transfer fee set out in the Price List in force at the time of termination
10.2.4. Fairweather Web shall not be liable for any delay in such transfer and the Client’s obligation to pay the fees set out in any Service Order shall not be affected by any such delay.
10.2.5. Fairweather Web reserves the right not to release the Domain Name or the Existing Domain Name to another ISP or naming authority if the Client, at the time of termination, is in breach of any of the Client’s obligations including Fairweather Web will not forward mail to the Client if the account was terminated for bulk mailing or unsolicited advertising. Violations of this AUP can sometimes result in massive numbers of e-mail responses. If the Client receives so much e-mail that Fairweather Web resources are adversely affected, Fairweather Web may shut down the Client’s account; and..
10.3.8 clients for whose web pages are generating Internet traffic above that level for which has been contracted, the Client will be informed and offered the opportunity to upgrade the capacity of the web space for a fee outlined in the Fairweather Web Price List; and
10.3.9 Fairweather Web will investigate complaints regarding inappropriate material and content on its network and may, at Fairweather Web’s sole discretion, require that the material be removed or otherwise take action as outlined above. Criteria for determining whether a page in inappropriate include the system resources consumed by the page and applicable laws; and 10.3.10 the Client may not use World Wide Web pages within or outside Fairweather Web’s network to violate any part of Fairweather Web’s General Usage Policies, or to attempt to disrupt the content and sites or Internet experiences of other users; and
10.3.11 reselling Fairweather Web hosted web space is expressly prohibited; and
10.3.12 Fairweather Web reserves the right to remove any web page (in whole or in part) on Fairweather Web’s servers, at any time and for any breach of this policy. Fairweather Web will not accept any responsibility occasioned for any loss caused as a result of such removal; and..
10.3.13 Fairweather Web will provide access to the Client’s web space on its servers for uploading of the Client’s third party designed websites. Fairweather Web will provide assistance to the Client in so much as completing the uploading of any such website. The Client acknowledges that because there are so many design packages available on the market, and the numerous methods of web design, Fairweather Web does not guarantee that the Client’s website will function correctly when uploaded to the Fairweather Web server. Though Fairweather Web may make efforts to assist the Client in remedying these instances, the Client acknowledges that Fairweather Web will in no way be responsible for providing a remedy to fix the Client’s site. The Client acknowledges that Fairweather Web cannot, under any circumstances, offer assistance with respect to third party CGI scripts not directly provided by Fairweather Web.
10.3.14 Fairweather Web reserves the right to amend, alter or modify this policy at any time and in any manner. Fairweather Web may notify you by e-mail of this, but the Client agrees to review the policy regularly and the Client’s continued use of the Service two weeks after any change will constitute acceptance of the
10.4 Website Construction
10.4.1. Fairweather Web shall assist the Client with the construction of and/ or development of a simple Web Site in accordance with the options selected by the Client on the Service Order.
10.4.2. On Fairweather Web Packages that include a web site construction option, the following options are available:
10.4.3. Fairweather Web will provide the Client with access to the Fairweather Web web space as specified below.
10.4.4. Upon payment of the appropriate fee, Fairweather Web shall allocate to the Client web space on its website server as defined by the Fairweather Web package as outlined on the Service Order on which the Client’s Web Site may be hosted.
10.4.5. Fairweather Web will post Web sites that are under development to a client section of the main Fairweather Web site for reviewing by the Client until all outstanding monies are paid whereby the finished Web site will be transferred to the correct domain.
10.4.7. Whilst Fairweather Web shall use all reasonable endeavors to ensure that the Web Site can be accessed by users of the Internet at all times, the Client acknowledges that it is technically impossible to provide such access free of fault at all times and Fairweather Web does not undertake to do so. Fairweather Web expressly reserves the right to suspend availability of the Web Site for the purpose of necessary or scheduled maintenance. Access to the Web Site may also be adversely affected by conditions and performances outside Fairweather Web’s control, including without limitation the breakdown of transmission and telecommunication links.
10.4.8. The Client is responsible for supplying to Fairweather Web the materials which the Client would like to be included in the building of the website. Fairweather Web may reproduce, as well as digitally manipulate the materials in the course of building the Website and the Client confirms that Fairweather Web is allowed to do so. Fairweather Web reserves the right to reject any part of
the material submitted if it is deemed unsuitable for inclusion within if they violate any aspect of the Fairweather Web’s Acceptable Use Policies.
10.4.9. The Client acknowledges that the volume or type of material submitted must be commercially realistic for Fairweather Web to build the website within the defined scope of work. The Client accepts that Fairweather Web may, at its discretion; decline to perform the service if the expectation of the Client exceeds the scope of work as defined on the Service Order.
10.4.10. The Client accepts that Fairweather Web will not be responsible for holding design material for more than one month from date of completion and uploading of the website to the Client’s web space. The Client must write to Fairweather Web on its company letterhead instructing how and when to return the design material along with a self-addressed postage paid envelope before the expiration of the one month period if the Client desires the material to be returned.
10.4.11. Per the Client’s request, Fairweather Web will include links to other web sites and the Client acknowledges that Fairweather Web will not make any independent enquiry into those links. The Client confirms that the creation of those links is authorised by the owner/operator of the linked site and that the linked sites does not conflict with Fairweather Web’s Acceptable Use Policies.
10.4.12. The Client acknowledges that Fairweather Web reserve the right to add Clients web sites to the Fairweather Web portfolio. This may include a link to the Clients Web Site on the main Fairweather Web Site.
10.5 Website Statistics Package
10.5.1. The Client acknowledges that the Fairweather Web Statistics Package is a tool designed to provide the customer with an indication regarding the performance of the Client’s website and that Fairweather Web will not be liable for any generated reports that do not accurately reflect the true statistics.
10.5.2. The Client acknowledges that any updates to the website that involve uploading to the current website in which the Statistics Package relates could overwrite the code that drives the statistical reports and that it is the Client’s responsibility to ensure that after each upload, the statistics package has not been overwritten and in the event it has been overwritten, Fairweather Web will not be responsible for the loss, whether of information or financial in nature, incurred by the Client.
10.5.3. The Client acknowledges that the Statistics Package is sufficient for websites that receive less than 30,000 hits per year and that Fairweather Web has the right to cancel, disconnect, or instruct the Client to pay an additional fee for the Statistics Package in the event this restriction is broken.
10.5.4. The Client acknowledges responsibility for downloading the statistics compiled by the Statistics Package at least every two months and that Fairweather Web will not be responsible for savings statistics any longer than three months.
10.6 Online Control Panel (where an appropriate hosting package has been purchased)
10.6.1. The Client acknowledges that the Online Control Panel is designed to provide the Client with increased usability with respect to the management of the Fairweather Web account and that from time to time the Control Panel may not reflect with complete accuracy of account related information.
10.6.2. The Client acknowledges that only authorised account users are to have access to the Control Panel and that Fairweather Web shall be indemnified against any loss or damage incurred by the customer with respect to misuse of the Control Panel.
10.7 Search Engine Submission
10.7.1. On request, Fairweather Web will submit the Clients web site to an third-party automated submissions web site. This service is subject to a one-off fee that shall cover 12 submissions, i,e, 1 submission per month.
10.7.2. This Service is not automatically renewable although Fairweather Web my contact the Client after the service has completed.
10.7.3.1. The Search Engine Submission Service includes assistance in the creation and addition to the Clients Web site, of Search Engine META data including Keywords and Web Site Description.
10.7.3.2 Fairweather Web will provide a monthly report to the Client of the submission status…
10.7.3.4. Fairweather Customers should note that we cannot guarantee listings on all search engines as each search engine has varied listing criteria. for instance search engines such as Google, Wanadoo and AOL use spidering technology and we do not guarantee a listing in these services however you have an increased likelihood of listing following your ranking on the other major engines included in this package. Fairweather Web reserve the right to change the partner search engines with no notice to customers to ensure that Fairweather Web are able to keep ahead of search engines updating their search engine technology.
10.7.3.5. Actual placement in a Search Engine is dependent upon the key words and phrases used as described by the customer. Fairweather Web cannot guarantee that a customer will be ranked in any specific position in any search engine.
11.1. Fairweather Web may update or amend these General Terms at any time. Fairweather Web will communicate changes to the Customer via the website.
11.2. This Agreement and any documents expressed by this Agreement to be incorporated herein constitutes the entire understanding between Fairweather Web and the Customer and save in respect of fraudulent statements supersedes all prior agreements, arrangements, understandings and representations (whether oral, written or otherwise) made by or between Fairweather Web and the Customer.
11.3. This Agreement shall be governed by and construed and interpreted in accordance with the laws of Scotland and England.
11.4. 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.