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| Terms and Conditions |
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- This order is a contract between you (the Client) and the University of Liverpool of Senate House, Liverpool, L69 3BX (the University) to supply Internet services (the Service) as specified.
- The service will be provided by staff of the University's CONNECT Centre (the Centre).
- Details of the package which constitutes the Service can
be found at http://www.connectshopkeeper.co.uk/.
- This agreement will remain in effect for as long as The University of Liverpool, Connect and their associates makes the Service available unless the agreement is terminated earlier due to breach of its terms. There is no rebate for early termination. Initial use of the service constitutes substantial value. The agreement will terminate automatically if you fail to comply with the limitations described herein.
- This contract shall remain in force until cancelled by either of the parties hereto. Where cancellation is by the Client, no refunds will be given if the Client withdraws the site before the end of the paid for year.
- The University will use its reasonable endeavours to ensure the accuracy of work performed in designing the web Site templates, but the University makes no warranty, express or implied, concerning the Service and shall not be held responsible for any consequence arising out of any inaccuracies or omissions.
- Ownership of the Site design shall remain with the University.
- The Client shall pay to the University the charges agreed.
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE UNIVERSITY OF LIVERPOOL, CONNECT AND THEIR ASSOCIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES IN EXCESS OF THE AMOUNT CONNECT RECEIVED FROM YOU FOR USING THE SERVICE, EVEN IF CONNECT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
- The Centre will host the Site on one of its Unix servers.
- The University will use its reasonable endeavours to ensure that the Site can be accessed from the Internet at all times, but the University makes no warranty, express or implied, concerning the hosting of the Site and shall not be held responsible for any consequence arising out of use of its services.
- The University will provide a web based templating account to the Client to enable maintenance of the Client's Site for the period that the Site is hosted by the University. The Client warrants and affirms that it will not use this account for any purpose other than storing of files published on the Site without the written consent of the University.
- The Centre will register the home page of the Site with Internet search engines and other publicising facilities as set out in its Signpost service, details of which can be obtained from http://www.signpost-me.com/.
- The University will pay the registration and renewal fees for the primary Domain Name for the Site provided that the Domain Name is of the form .co.uk or .org.uk provided that it is nominated to act on behalf of the Client for such purposes with the domain registration authorities. Additional domain names will be invoiced to the Client. Charges for additional domain registration can be obtained from Centre staff or can be found at http://www.connect.org.uk/.
- The Client hereby warrants and affirms that all information it supplies to the Centre for publishing on the Internet is owned by the Client and hereby indemnifies the University and staff of the Centre against any liability including but not limited to liability for the infringement of the copyright of a third party howsoever arising from the publication of such information.
- The University reserves the absolute right to remove the Site from its servers at any time and without notice if the University considers that continued hosting of it would be detrimental to the interest and reputation of the University (for example, where the information contained in the Site is out of date, offensive or illegal).
- The University operates a "no spam" policy and reserves the right to remove the site of any client who sends unsolicited email. This includes emailing to addresses supplied by third parties.
- The University will act as an agent of the Client for the registration of Domain Names.
- The Client affirms that it accepts the terms and conditions of the registration authorities for the registration of Domain Names.
- The Client hereby indemnifies the University and staff of the Centre against any liability howsoever caused in connection with the registration of Domain Names on behalf of the Client.
- If the Client wishes to transfer a Domain Name from the Centre to another hosting organisation, the Client agrees to pay any outstanding charges in connection with the registration of the Domain name to the University before completing the transfer.
- Any payments due under the terms of this contract will be made by credit card at the commencement of this contract.
- The University undertakes to keep strictly private and confidential all information provided by the Client in connection with the Work, both during the term of this contract and for a period of five years thereafter.
- All pre-existing information and know-how used in connection with the Work shall remain the property of the party introducing the same.
- The intellectual property rights of tools utilised in the course of the Work shall remain with the University.
- The Client confers on the University the right to identify the Centre as the provider of the services agreed herein.
- This Agreement shall be governed by and construed in accordance with English law and shall be subject to the jurisdiction of the English courts.
- This Agreement may not be assigned to any third party without the prior written of the parties hereto, such approval not to be withheld unreasonably.
- Any modifications to the terms of this Agreement shall only be valid if accepted in writing by authorised representatives of the parties hereto.
- USE OF THE SERVICE IMPLIES ACCEPTANCE OF THE ABOVE TERMS & CONDITIONS.
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