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This Website is owned and operated by Suffolk-Biz Ltd, trading as
“Suffolk-Biz”. In these conditions, references to “we” or “us” or “our”
are references to Suffolk-Biz and references to “you” or “your” are
references to the person ordering Services from us. These Conditions (as
may be amended from time to time) will govern the relationship between
you and us.
1. The Contract between you and us
1.1 This Website invites you to buy Services from us. If you wish us
to provide Services to you, you will need to complete an Order. All
Orders submitted by you will be subject to these Conditions. A binding
contract between you and us (“Contract”) will only arise when we have
received an Order from you and we have notified you of our acceptance of
your Order in writing. You should only submit an Order to us if these
Conditions are acceptable to you without modification.
2. The Price of our Services
2.1 Our charges (“Charges”) for any Services ordered by you will be
our current price in force for that Service when you submit your Order.
All our current prices are available either on the Website or from one
of our sales team. All of our advertised prices are exclusive of VAT and
other applicable taxes which will also be payable by you.
2.2 The Charges for all of our Services are payable in advance by you
at the same time as your Order.
2.3 Any indulgence given by us to you in respect of the time for
payment of our Charges is entirely at our discretion and shall not
operate as a waiver of any of our rights. If you do not pay us any sums
due from you on the due date for payment, we may at our option charge
interest on the overdue amount at the rate of 4% above the base rate of
HSBC Bank Plc then in force.
2.4 We normally accept payment by cheque (payable to Suffolk-Biz
Limited), and bank transfer. We may withdraw any method of payment at
any time without notice to you.
2.5 If any reduction is available to you in respect of a promotional
offer made available by us, and you are eligible for such offer, then
the Charges payable by you will be reduced by the amount shown but not
by more or otherwise.
3. The Services that We Offer
3.1 Descriptions of most of our Services are on the Website (“Product
Description”). In addition, our Sales Team will also be pleased to
discuss any further bespoke Services that you may require. Subject to
our acceptance of your Order, and your continual compliance with these
Conditions, we will provide the Services specified in your Order in
accordance with these Conditions and the Product Description, using our
reasonable skill and care at all times. We may use agents and/or
sub-contractors to perform the Services on our behalf where we deem it
appropriate to do so.
3.2 In pursuance of Our policy of continuing service improvements we
reserve the right to alter the look, feel, style, facilities and
functionality of any of our Services and the Website at any time without
giving you prior notice but in doing so we will endeavour not to
materially diminish the overall functionality and value of the Services
or the Website. Accordingly, the Product Description is subject to
change from time to time.
3.3 We may at any time either change, replace or delete these
Conditions or include new terms. Before we do so, we will advertise any
such change on the Website no less than seven days before the proposed
amendment becomes effective.
Interactive Products
3.4 Our Interactive Products include, without limitation, Basic
Listing, Priority Listing, Web Design, SES, SESA, SEO, SEM and
e-commerce services including bespoke website optimisation. From time to
time other Services may be added, or Services may be removed.
3.5 We will not commence any design work for Interactive Products
until we have received from you all of the required art work,
information, and other materials such as logos, photographs, company
brochures, and press information (“together referred to in these
Conditions as “Deliverable Materials”) and we are satisfied that you
have complied with your obligations in relation to such Deliverable
Materials which are set out below. You must send us all Deliverable
Materials within 28 days of submitting your Order.
3.6 We will endeavour to provide you with initial designs within 14
days after receipt by us of all Deliverable Materials. If when you
receive the initial designs you want to suggest any amendments you must
notify us of your suggested changes within 14 days of receipt of the
initial design. If we do not hear from you within those 14 days, you
will be deemed to have accepted our initial design.
3.7 If you have suggested any amendment to our initial designs, we
will endeavour to incorporate your changes and send you a revised
version within 14 days. If when you receive such revised version you
require further changes you must notify us within 14 days of receipt of
them. If we do not hear from you within you within those 14 days, you
will be deemed to have accepted our revised design. Unless you require
any further changes as a result of us not incorporating any changes
previously notified by you in response to our initial design, we reserve
the right to charge you at our then-current price for any further
revisions.
3.8 If you fail to provide any Deliverable Materials to us within the
specified time limits, we reserve the right, in addition to any other
rights we may have, to retain any Charges that you have paid to us.
3.9 We will endeavour to meet your requested live date(s) for your
Scoot Interactive Product but time is not of the essence in this respect
and we will not be liable for any delays.
3.10 From the date that your Interactive Product goes live, we will
host your Interactive Product in return for your payment of the relevant
Charges. We will not submit your Interactive Product to any search
engines and we do not guarantee or warrant in any way your acceptance by
a search engine whether it is linked to Scoot or not.
5.1 You will promptly provide us (free of charge) with any
information that we may reasonably require to enable us to proceed with
the performance of our obligations under the Contract. This may include
(without limitation) any information which we may reasonably request for
the purpose of credit verification and debt collection purposes and you
permit us to use such information and to provide it to third parties
acting on our behalf for such purposes.
5.2 You are responsible for ensuring that all Deliverable Material
that you provide to us is accurate, decent, lawful, and honest and that
such Deliverable Material is not offensive, prejudicial or inflammatory,
likely to expose us to claims, result in our prosecution, cause us to
infringe the legal rights of any third party, or cause us embarrassment
or distress of any kind. You agree that you will be responsible to us
for any losses costs or claims that we incur if you supply Deliverable
Material to us which breaches this obligation.
5.3 You must supply Deliverable Material to us in a suitable format
(details of which will be supplied upon your request). You must ensure
that any Deliverable Material that you supply to us in an electronic
form is provided using fully licensed software and is free from harmful
viruses or similar.
5.4 If any Deliverable Material that you provide to us itself
constitutes or incorporates in any intellectual property rights
(including without limit copyrights, registered or unregistered
trademarks, patent rights, registered or unregistered designs,
proprietary know-how or any other proprietary rights of any nature) you
represent and warrant to us that such Deliverable Material is either
owned absolutely by you or that the owner of such intellectual property
rights has given you permission to use them and to allow us to use them
on your behalf.
5.5 If we in our sole discretion consider necessary, we reserve the
right to contact the owner of any intellectual property rights vested in
any Deliverable Materials provided by you to verify that we have
permission to use such Deliverable Materials. However we shall have no
liability for failing to do so.
5.6 You must not at any time use Your Domain Name, any website hosted
by us pursuant to the Contract, nor any of our networks (or the networks
of any of our agents or sub-contractors) for any of the following:
* to attempt to circumvent user authentication or security of any
host, network or account;
* to interfere or deny service to any user, host or network including
without limit for the purpose of flooding, mailbombing, or any other
deliberate attempt to overload or crash a host or network;
* to transmit any material that is in our sole opinion unlawful,
obscene, threatening, abusive, libellous, or which encourages conduct
that would constitute a criminal offence, give rise to civil liability,
or otherwise violate any local, national or international law;
* for the purpose of originating spam or spam advertising.
5.7 If you breach any of your obligations set out in clause 5.6
above, we reserve the right that our discretion to terminate the
Contract immediately without warning and without limit you agree to
indemnify us against any costs, claims or expenses that we incur as a
result.
5.8 We will co-operate fully with investigations of violations of
systems or security networks or security at other sites and with law
enforcement authorities in the investigation of possible criminal
violations. We reserve the right to charge you up to £250 to investigate
any complaint that we receive in relation to Your Domain Name or any
website or other Service hosted by us for you. If you violate any
systems and/or network security, you may also incur other criminal or
civil liability.
5.9 Users transmitting e-mail from or through any service provided by
us must not do anything that attempts to hide, forge or misrepresent the
sender of the e-mail and/or sending site of the e-mail.
5.10 Any bulk mailings sent from or through any service provided by
us must state explicitally how each individual recipient's e-mail
address was obtained and also state how frequently the mail will be
received. It is your responsibility to record details including, but not
limited to:
* The time and date each e-mail address was obtained
* The IP address of the subscriber
* The URL from which the subscription was received
These details must be made available to us upon request.
5.11 Any bulk mailings sent from or through any service provided by
us must contain simple and clear unsubscribe mechanisms; we recommend
that this should be in the form of a working link to a one-click
unsubscribe system, although use of a valid "reply to" e-mail address
may be used instead.
5.12 Any bulk mailings sent from or through any service provided by
us must contain correct, non-electronic, contact information for the
sender; this must be included clearly within the text of each e-mail and
include:
* Contact telephone number
* Business name
* Physical mailing address
6. Termination of the Contract
6.1 In the case of Non-Annual Services the Contract will terminate
upon the later of completion by us of such Services and receipt of
payment in cleared funds from you of all Charges that are due in
relation to them.
6.2 In the case of Annual Services, such Services are provided by us
for an initial period of 12 months from the first date on which you make
payment to us. Thereafter, the Contract will renew for additional
periods of 12 months on payment by you of your Renewal Fee. If you
cancel any of the Services other than at the end of a 12 month period,
we will not refund any payments made in respect of the remainder of the
period.
6.3 We may terminate the Contract with you immediately at any time
without notice but, if you demonstrate that we have terminated the
Contract without any breach by you of your obligations, we will refund
to you a sum representing the part of the Services attributable to the
unexpired period to the next anniversary date of your Contract. We may,
by at least 30 days notice to you in advance, elect not to renew your
contract with us at an anniversary.
7. Our liability to You
7.1 We accept liability to you for any loss that you suffer due to a
breach by us of our duty to exercise reasonable skill and care in the
provision of the Services. We also accept liability to you for any loss
that you suffer because you are injured or die as a result of our
negligence. We give no express or implied warranties for any of the
Services including without limit any warranty of merchantability for a
specific purpose. You hereby acknowledge and accept that we will have no
further liability to you in contract, tort, or breach of statutory duty
or otherwise.
7.2 You hereby acknowledge and accept that we make no warranty and
give no representation of any kind in relation to data that we obtain
for use under licence from any third party organisations and which may
be used to assist in the provision of Services by us and which may be
displayed on the Website or otherwise by us.
7.3 Except where otherwise specifically stated in these Conditions,
our total liability to you for any reason is limited to the total amount
of the Charges that you have paid to us under this Contract.
7.4 In no event will we be liable for any indirect or consequential
damages in contract or tort, including loss of profit, loss or damage to
property or relating to claims made by any third party. We advise you
not to take any step or act based on your ownership of your Domain Name
until you have received confirmation from the relevant registry that you
are the registered owner of your Domain Name.
7.5 We will endeavour to ensure that the Website is available at all
agreed times but you acknowledge that computer and telecommunication
systems are not error free and that we will not be liable to you in the
event that the Website or any of the Services become unavailable or
inaccessible.
7.6 We do not represent or warrant that the Website or any of our
Services will be error-free, free of viruses or other impairing or
harmful components. We will endeavour to ensure that errors are not
service affecting and we will run commercially available virus detection
and correction software.
7.7 We give no warranty whatsoever that we will be able to secure
your Domain Name on your behalf. We are not notified as to whether or
not attempts to secure Domain Names have been successful and it is your
responsibility to establish whether it has been so secured.
7.8 The Website may contain links to other Websites provided by
independent third parties. We make no representations whatsoever
concerning the content of those sites and the fact that we provide a
link to a particular site is not an endorsement, authorisation,
sponsorship or affiliation by us in relation to such sites, its owners
or its providers.
8. Your Liability to us
8.1 You hereby agree to indemnify, defend and hold us harmless for
all liability, claims, damages and costs, including reasonable legal
expenses, arising out of or in connection with a breach by you of your
obligations, representations and warranties in these Conditions.
8.2 If any application that we make on your behalf to register your
Domain Name is terminated due to the content of the Deliverable
Materials provided by you, then in addition to any other rights that we
may have, we reserve the right to either surrender your Domain Name,
retain your Domain Name for our own use or transfer your Domain Name to
any third party of our choice.
8.3 You indemnify us and the Registry against any costs, claims or
expenses that we incur as a result of any allegation that the
registration of your Domain Name or the manner in which your Domain Name
is used (either directly or indirectly) infringes a legal right of any
third party in respect of any costs, claims or expenses incurred by
either you us or the Registry in this respect.
9. Intellectual Property Rights
9.1 You must not use, copy, adapt, alter or part possession with any
information relating to us which we disclose to you under or in relation
to the Contract and which is of a confidential nature. You acknowledge
that we may use information provided by you so that we can perform our
obligations under this Contract and so we can collate the information
that you provide to produce non-customer specific statistics to assist
us in our business planning.
9.2 All intellectual property rights in the Website, its
functionality, and any design work, documents, drawings and information
in connection with this Agreement will remain at all times our property.
Such Website, Website functionality, design work, documents, drawings
and information are confidential and will not be copied, disclosed or
used except by you for your personal non-commercial use. You may not
otherwise, without express permission from us, copy distribute sell or
publish any of the content of the Website.
9.3 We both must comply with the Data Protection Act 1998 when
dealing with information given to the other party under this Contract.
You hereby acknowledge and accept that we may pass your details on to
other parties so that they can offer you various products and services.
10. Force Majeure
If we fail to do what we have agreed with you because of something
outside of our reasonable control, we will have no liability to you
because of our failure. If you fail to do what you have agreed to do
under this Contract because of something outside of your reasonable
control, you will have no liability to us because of your failure.
11. Assignment
11.1 You may not assign or try to assign or otherwise deal with any
of your rights and obligations under the Contract without our prior
written consent.
11.2 We may assign or sub-contract all or any of our rights and
obligations under the Contract to any third party.
12. General
12.1 Any indulgence given by us to you in respect of your obligations
under the Contract is entirely at our discretion and shall not operate
as a waiver of any of our rights.
12.2 Any part of these Conditions that is unenforceable or illegal
will be severed from these Conditions and will not affect the
enforceability of the remaining provisions of these Conditions.
12.3 We will not be liable to return any Deliverable Materials that
you give us for the purpose of providing the Services to you.
12.4 The Contract is governed by the law of England and Wales and
each of us agrees to submit disputes in connection with the Contract to
the exclusive jurisdiction of the Courts of England and Wales.
13. These Conditions together with your Order form the whole of the
Contract between us. They apply in place of any other terms or
statements discussed between you and any of our representatives or sales
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