Terms and Conditions of Trade
Forjay Media Services operates a no fixed contract period policy which either we or you can terminate at any time.
We will only terminate our services to you if, due to unforseen circumstances, we are no longer able to provide services or you do one or more of the following:
- Refuse to pay for services provided by us.
- Break any other terms of service outlined below.
If we are no longer able to provide services to you for any reason we may recommend an alternative supplier and make reasonable efforts to transfer your services to them or a supplier of your choice.
Our liablity in any event shall be limited as described in paragraphs 15,16 and 17 of this agreement.
You may terminate your services at any time and for any reason provided that outstanding monies have been paid by you to us for services already provided by us.
Forjay Media Services provides various computer and web based services to small and medium businesses and individuals in the United Kingdom. We may provide such services wholly or partly ourselves. We may use resources and services provided by third parties which may be subject to additional terms, conditions or licenses not published here. We will endeavour to procure reliable resources from third party suppliers when necessary but we are not responsible and do not accept liability for any failure of resources provided externally by third parties.
In the event of any such failure of a third party resource, we will take reasonable steps to provide an alternative service or refer you to a supplier of such a service. We will refund any money paid in advance to us for a service we are unable to provide. Our liability is limited to money paid by you (the customer) to us (Forjay Media Services) for a service or goods that you have not received due a fault on our part. Third party suppliers shall be liable to you for any money you have paid to them for goods or services they have not provided.
Use of any service or goods provided by Forjay Media Services signifies that you accept all the terms and conditions published below and the terms, conditions and licenses of any of our suppliers if required by them.
The following terms and conditions shall apply to any and all business conducted between Forjay Media Services and its customers or clients.
1 DEFINITION OF TERMS USED IN THIS DOCUMENT
In the context of this document, the following terms apply
‘Forjay Media’ means us, Forjay Media Services. Services (in lower case) shall mean any services such as web hosting, email, design and coding, support or other services provided by Forjay Media. Server means the computer server equipment operated by us or by our contractors for the purpose of storing and delivering web pages or the storage and delivery of emails. Website means an area on the server allocated by us for use as a site on the Internet. Web resource means services provided by a third party supplier used as part of our service
2 HOSTING SERVICES
Our hosting services are provided by Heart Internet Limited and are additionally governed by their terms and conditions which are similar to ours and supersede our terms in respect of any services provided by them. These terms are published at http://www.heartinternet.co.uk/terms/hi-terms.html
The following terms apply to all other services provided by Forjay Media Services
3 LOSS DUE TO SERVER DOWN TIME
With regard to availability of hosted web sites on the internet, Forjay Media and its partners strive to maintain a high level of service but do not guarantee that a particular web site will be available via the internet for any given proportion of time. Forjay Media is not liable for any loss of business or other consequential loss resulting from web server down time or other situation preventing a web site from being available on the Internet.
4 LIMIT OF WEB SPACE AND BANDWIDTH
Unless specifically stated to the contrary, the following limits apply on Forjay Media’s standard service plan:
Web space size: 500MB. Web space use above this level is charged at £20 per year per 100MB or part thereof. Bandwidth usage per month: 1GB. Bandwidth usage above this limit is charged at £15 per month per Gigabyte or part thereof. In no event will Forjay Media be liable for any loss, damage or corruption to any data stored on the server. You are responsible for maintaining backups and insurance cover in respect of any loss or damage to data stored by yourself or on your behalf on the server. Whilst we shall try to ensure the integrity and security of the server, we do not guarantee that the server will be free from un-authorised users or hackers. You warrant to us that you will only use your assigned web site for lawful purposes. In particular, you further warrant and undertake to us that you will not, nor will you authorize or permit any other party to, use the server in violation of any law or regulation.
5 EMAIL SERVICES
Our email services are provided by Heart Internet Limited and are governed by their terms and limits at
6 FAILURE OF SERVICES
Forjay Media does not accept any responsibility for loss of any kind resulting from any failure of the email services provided.
You are responsible for sending mail in accordance with any relevant legislation (including Data Protection legislation) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misquoting or any other failure of e-mail. You agree to keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorized disclosure. Whilst we shall try to ensure the integrity and security of the server, we do not guarantee that the server will be free from un-authorised users or hackers.
7 TRANSMISSION OF VIRUSES
Forjay Media does not accept any responsibility for loss of any kind caused by the transmission of software viruses or worms transmitted via the email services provided. It is the responsibility of the user to maintain anti-virus software. Inappropriate content. Forjay Media does not accept any responsibility for the nature of any incoming or outgoing email using the email facilities supplied to its customers. We specifically exclude any warranty as to the accuracy or quality of information received by any person via the server and in no event will Forjay Media be liable for any loss or damage to any data stored on the server. You are responsible for maintaining insurance cover in respect of any loss or damage to any data stored on the server
You will not knowingly or recklessly post, link to or transmit: Any material that is unlawful, threatening, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way. Any material which will constitute or encourage criminal offence, gives rise to civil liberty or that violates or infringes any trademark, copyright, other intellectual property or similar rights of any person, firm or company under the laws of any jurisdiction
9 DOMAIN NAMES REGISTERED BY FORJAY MEDIA
We do not guarantee that any domain name applied for will be registered in your name and therefore you should not undertake to employ any requested name until you have been notified that your requested domain name has been registered. The registration of a Domain Name and its ongoing use is subject to the terms and conditions applied by the relevant naming authorities and you are responsible for ensuring that you are aware of these terms and conditions and that you can and will comply with them. You waive any claims against Forjay Media in respect of any decision by the relevant naming authorities to refuse to register a domain name. We accept no responsibility or liability in respect of any dispute with a third party involving the use of a domain name. We reserve the right, on becoming aware of such a dispute, at our discretion and without giving any reason, to either suspend or cancel the domain name and remove any web site displayed under this domain name. Domain renewal invoices will be rendered by Forjay Media in advance of the renewal date. Renewal of domain registrations by Forjay Media is dependent upon the renewal invoice(s) having been paid by the client on or before the due date. Domains registered or transferred by Forjay Media may display content advertising Forjay Media until your content is ready for display or until Forjay Media is asked to withdraw such material. A request for such withdrawal will be acted upon in a timely manner.
10 INTELLECTUAL PROPERTY
All code and graphics created by Forjay Media remains the property of Forjay Media unless specifically released in writing. You are responsible for obtaining all necessary intellectual rights and authorities for all content (text, graphics, and photographs) supplied by yourself to Forjay Media for inclusion in the web site or other promotional or printed material.
11 THIRD PARTY WEB RESOURCES
Forjay Media will make all reasonable efforts to publicise your website, using where necessary any appropriate third party software or web resource. The terms and conditions governing the use of such resources shall be deemed part of this agreement by all parties. You will authorise Forjay Media to place advertisements and/or hyperlinks on your website if required by a third party supplier. Forjay Media will at your request, arrange additional resources on your behalf. You will pay Forjay Media, the full cost of any fees charged by a third party plus a five percent arrangement fee unless specifically stated to the contrary. You may ask Forjay Media to refrain from using advertising-supported services. If you choose to do this, you will take full responsibility for publicising your website.
12 SUPPORT SERVICES
Forjay Media makes every effort to ensure that support and advice given to its clients is accurate and appropriate. However, any advise, suggestion or recommendation offered by Forjay Media, whether as part of a service / support contract or given free of charge, cannot be guaranteed as accurate or appropriate. Forjay Media does not take responsibility for the consequences or any action taken or not taken as result of such advice.
13 SEARCH ENGINE PLACEMENTS
Forjay Media guarantees to make search engine and site directory submissions as contracted, but cannot guarantee that a given search engine or site directory will list or continue to list the site(s) submitted.
All charges payable by you to Forjay Media for hosting services, domain registrations, domain renewals and other services which are not the subject of specific negotiation shall be in accordance with the relevant scale of charges and rates published on our website. All payments shall be made no later than 7 days after receipt of our invoice. Where payment is not made within this period we reserve the right to suspend our services to you.
15 WITHDRAWAL OF SERVICES
Forjay Media will make every effort to ensure the continuity of all the services that it provides, but will not be held liable for the discontinuation of services by its suppliers. In the event of the discontinuation of hosting and email services, Forjay Media accepts no responsibility for financial or other consequential loss.
We may terminate any agreement we may have with you forthwith if you fail to pay any sums due to us as they fall due. We may terminate any agreement we may have with you upon written notice if you breach any of these terms and conditions and you fail to correct the breach within 30 days following written notice from us specifying the breach. We may terminate any agreement we may have with you if you are a company and go into insolvent liquidation, or if you are a person who is declared bankrupt. On termination of any agreement we may have with you we shall be entitled immediately to block Internet and other access to your website and remove any data from the server as we see fit. We will hold your data for one calendar month and allow you to collect it at your expense, failing which we shall be entitled to delete all such data. On termination of agreements between us, we shall be entitled to post such notice in respect of the non-availability of your website as we see fit.
17LIMITATION OF LIABILITY
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business.
Any notice given by Forjay Media may be sent by either postal letter, e-mail, fax to an address that you have supplied and which we have reason to believe to be correct and valid at the time of sending.
These terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.