Terms and Conditions

Last Updated 26 October 2009

Introduction

WebPlus.net is a trading name of Serif (Europe) Ltd ("we", "our" or "us") registered in England number 2117968 with registered offices at:
The Software Centre, 12 Wilford Ind Est, Nottingham NG11 7EP, UK.
Telephone: UK - 0845 345 6770
Intl. - +44 115 914 2000.
Our VAT registration number is GB 779 8920 50.
These terms and conditions and any documents referenced within them ("Terms"), explain the terms and conditions you are agreeing to by conducting any business with us, including using the WebPlus.net and SerifWebResources.com websites and their services (the "Web Site"), and making any verbal or written communications. These Terms are legally binding and you should read them carefully before you conduct any business with us.

We may modify these Terms from time to time without notice and any changes will be effective immediately when they are posted on the Web Site. You agree to be bound by any changes when you use any of our services or conduct any business with us after any such modification has been posted. It is therefore important that you review these Terms regularly to ensure that you are aware of any changes.

Your Privacy
Customer Services
Use of the Web Site
Provision of Services
Availability of Services
Limited Liability
User Content
Ownership
Termination
Warranties
Indemnity
Events Beyond our Reasonable Control
Severability
Entire Agreement
Law and Jurisdiction

Your Privacy

Please read our Privacy Policy carefully. Any personal data provided to us through our Web Site will be used in accordance with this policy.

Customer Services

If you need to contact customer services with any questions, concerns or complaints you can contact us via our Contact Form or by post or phone at:

WebPlus.net Customer Services
12 Wilford Ind Est
Nottingham NG11 7EP
Telephone: UK - 0845 345 6770
International - +44 115 914 2000

Use of the Web Site

WebPlus.net is owned and operated by the Serif group of companies. These Terms apply whether you are a "Visitor" (which means that you simply browse the Web Site) or you are a "Customer" (which means that you have registered or have an account with WebPlus.net). The term "User" or "Users" refers to a Visitor or a Customer.

In being a User of the Web Site you:

• agree you are at least thirteen (13) years of age to use the Web Site.
• agree that you are responsible for your own use of the Web Site products and services
• accept that you should maintain backups of all User Content and information provided to us. We will not be responsible for keeping backup copies or for the loss of, deletion or corruptions of any images or other materials uploaded onto the Web Site.
• understand and accept that all notices from us to you will be sent via email to your log-in email address. We will not be held responsible for your failure to receive, access or read notices we have sent to you. As such it is important and entirely your responsibility to maintain permanent and regular access to your log-in email address. Note that you can update your log-in email address by accessing your profile after logging in to your WebPlus.net account.

Provision of Services

Subject to these Terms you may become a Customer of the Web Site and have a unique user profile by completing the Registration Form. The registration form will include options to specify details specifically relating to your use of our Serif Web Resources and WebPlus.net Hosting Plans. From time to time you may update your profile, if for example you decide at a later stage you wish to start using a new service or upgrade to a different Hosting Plan.

• To register you will need to provide a username, password and email address and domain name if you intend to use our hosting services. These items must not use any Prohibited Content and must be unique and acceptable to us at our sole discretion.
• If you intend to use one of our premium web site Hosting Plans you will need the Voucher Code shown on the Hosting Certificate you have purchased.
• We use eNom to register Parent Level domain names on the behalf of our customers. If your hosting plan includes the use and registration of a Parent Level domain such as a .com or.co.uk domain, then you hereby agree to be legally bound by the terms and conditions of eNom as found at https://www.enom.com/terms/agreement.asp
• Domain names obtained and registered via the Web Site are final and can not be changed without the charge of a fee. Please contact customer services in the event that you do need to change a domain name to obtain details of charges.
• POP3 and SMTP services on your domain name are only available during your period of subscription to your Hosting Plan.
• Customers are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under the username and password.
• You represent and warrant that you are 13 years of age or older and your use the Web Site does not violate any applicable law or regulation.
• You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information
• It is your responsibility to ensure that your hosting plan term does not expire. We will endeavour to contact you ahead of expiry but we accept no responsibility to monitor the term of your plan or extend your plan. We recommend you regularly log-in to your account and check your plan details as we will not accept any liability whatsoever in the event of your hosting plan expiring.
• You may, at any time, transfer a domain name you obtained from us to an alternative hosting solution, providing that you have no outstanding debts with us. We will charge a small fee for this, details of which are available by contacting us. We are not responsible for any third party charges you may incur by transferring a domain name away from us.

Availability of Services

• The scope and level of services available to you is dependant upon the options you have registered for via your account. You can view the status of your services including your current usage amounts, term of plan and usage limits by logging-in to your account and accessing your profile information.
• You acknowledge that our systems, servers and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside our control.
• We agree to rectify faults or problems and to restore the system to full operational capacity as soon as reasonably practicable. However, we will not accept any liability for any loss of profit caused to you as a result of any period of full or partial loss of operational capacity.
• We aim and expect but don't guarantee to achieve 99.9% rate of full operational capacity excluding planned downtime for maintenance.
• You must provide, at your own cost, telecommunications services, computers and other equipment or services necessary to enable you to have access to the Web Site. You must comply with all the rules and regulations that apply to the communications means by which you obtain access to the Web Site.
• We may in our absolute discretion sub-contract the performance of any of our obligations under these Terms.

Limited Liability

• We give no condition, warranty, or undertaking, and make no representation to you about the suitability of, or fitness of the Web Site for your purposes other than those conditions, warranties, undertakings or representations expressly set out in these Terms.
• With the exception of any rights which you may have under applicable law, all warranties, conditions and other terms implied by statute or common law are excluded from these Terms to the fullest extent permitted by law.
• Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to any fees we have received in relation to the Web Site.
• We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms by us that would entitle you to terminate the contract between us, including but not limited to: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
• Nothing in this clause or elsewhere in these Terms limits in any way our liability: for death or personal injury caused by our negligence; under section 2(3) of the consumer protection act 1987; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

User Content

"User Content" means any information, data, messages, text, graphics, images, photos, video, sounds, profiles, works of authorship and any other materials created or supplied by you or any other User and made available via the Web Site.

• We will not be responsible for the accuracy and / or functionality of the User Content created or supplied by you and made available via the Web Site.
• You agree to take all reasonable steps to ensure that your User Content does not contain any Prohibited Content. "Prohibited Content" is User Content which is or contains:
  • Obscenities or anything that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
  • Anything that harasses or advocates harassment of another person
  • Anything that exploits people in a sexual or violent manner
  • Nudity, violence, or offensive subject matter or any link to an adult website
  • Any private and confidential information such as names, telephone numbers, street addresses, credit card numbers or Social Security Numbers
  • Infringe upon any third party's copyright, patent, trade mark, design right (registered or unregistered), trade secret or other proprietary rights or rights of publicity or privacy
  • Information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
  • Anything that violates any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising)
  • Any viruses, malware, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or interferes with the ability of others to enjoy our site.
• If we reasonably form the view that any of your User Content may be considered as Prohibited Content, we may without prior notice or any liability remove your User Content and / or cease any services and shall thereafter notify you of our actions.
• You shall indemnify and hold harmless WebPlus.net and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any User Content including but not limited to the posting and / or transmission of User Content on any website we host or provide services for.

Despite these content prohibitions, information provided by Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. We assume no responsibility or liability for this material. If you become aware of the use of Prohibited Content or any other misuse of our Web Site please contact our Customer Services.

Ownership

• We agree that you own all the intellectual property rights in your User Content.
• You have sole responsibility for the use of any third party intellectual property rights included in your User Content. You agree to take all reasonable steps to ensure that the use of any third party intellectual property rights has been authorised and is not in contravention of any applicable law.
• Any intellectual property rights owned by either party which is required for the performance by the other party of its obligation under these Terms or the use of the Web Site shall be licensed to that other party on a non-exclusive, irrevocable, royalty free basis for the period during which the use of those rights by that party pursuant to these Terms is required.
• Neither party shall grant a sub-licence under the licences created without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.

Termination

We may terminate our provision of the Web Site to you and / or these Terms by giving notice to you in the event that:

• you fail to pay any amount due to us and do not make that payment within 7 days after our sending notice of your requirement to do so;
• you fail to perform any of your obligations pursuant to these Terms and such failure is not remedied by you within 14 days of our sending notice requiring the default to be remedied;
• any of the warranties or representations made by you are false or inaccurate in any material way.

Either party shall be entitled to terminate these Terms immediately by providing notice in writing to the other if the other party shall:

• commit any material breach of any of its obligations under these Terms which (in the case of a breach capable of being remedied) shall not have remedied within 14 days after receipt of written request so to do;
• pass a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall make an order to that effect;
• have an administrator appointed or documents are filed with the court in respect of such appointment or notice is served of an intention to appoint an administrator by that party or its directors or by a qualifying floating charge holder as provided in the Insolvency Act 1986, paragraph 14 Schedule B1;
• make any voluntary arrangement with its creditors or become subject to an administration order;
• have a receiver or manager or similar official appointed over the whole or substantial part of its undertaking or assets of such party;
• cease or threaten to cease to carry on business; and
• have any similar event occur under law of any other jurisdiction in respect of it.

Warranties

• Each party warrants to the other that it has the authority to perform its obligations under these Terms and it has the ability to perform its obligations under these Terms.
• We warrant to you that the Web Site will be provided by appropriately qualified and experienced personnel using reasonable care and skill and that use of such will not knowingly infringe the intellectual property rights of any third party.
• You warrant to us that the use by us of any works or materials submitted to us under these Terms: will not infringe the rights of any person or contravene any law; are solely to be used for communicating with persons who access your websites or other sites and will not divert any complaints, concerns or other communications to us.
• We shall not be liable for defects resulting from improper use of the Web Site by you or by another third party.

Indemnity

You hereby agree to indemnify and hold harmless WebPlus.net, its parents, affiliates, co-branders or other partners and their respective officers, directors and agents from any claim or demand, including reasonable attorneys' fees, made or threatened by any third party due to, or arising out of, your use of or conduct on the Web Site, or a breach of these Terms, including without limitation any claim based upon transmission of your User Content or your violation of any rights of another User.

Events Beyond our Reasonable Control

We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Severability

If any of these Terms or any provisions of any implied contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

• These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. In the case of any conflict between these Terms and any standard terms and conditions you may have, these Terms shall prevail.
• We each acknowledge that, in entering into this contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Terms.
• Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.

Law and Jurisdiction

You agree that all business you conduct with us shall be in compliance with all applicable local, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all applicable export control laws. These Terms shall be governed by and interpreted in accordance with the laws of England and Wales. Any dispute concerning these Terms or concerning your use of the Web Site shall be subject to the exclusive jurisdiction of the courts of England and Wales.