These terms and conditions shall apply to the agreement between Shopsuffolk.co.uk (a trading name of Strawberry Lemon Digital) and the individual or company (“You”) applying for the provision of services by Shopsuffolk.co.uk. The customer (“You”) wishes to provide Shopsuffolk.co.uk with data that will be hosted on Shopsuffolk.co.uk servers and made accessible via the Internet.
If you wish to receive a service detailed on this or other websites, You must agree to the terms below as the exclusive basis for such provision. You will need to read through all the terms and conditions below. The following sections apply to the services indicated.
Section A – General – This applies to all services ordered from Shopsuffolk.co.uk
Section B – Domain Name Registration and Transfer
Section C – Data Centre Internet Access and Hosting
Section D – Bandwidth Only Provision
Section E – Fair Use
Section F – Spam and Unsolicited Commercial Email (UCE) Policy
IT IS HEREBY AGREED THAT:
SECTION A – GENERAL
1. DEFINITIONS In this Agreement, the following expressions shall have the following meanings:-
“AUP” Authorised Usage Policy
“Confidential Information” Information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary.
“Downtime” means any service interruption in the availability to visitors of the website
“Fees” The fees (including any VAT) due for the provision of the Services as calculated in accordance with the Price List.
“Inappropriate Material” Material that under the laws of any jurisdiction where the material can be accessed is any of the following:- unlawful, threatening, abusive, harmful, malicious, obscene, illegal pornographic, malicious, profane, libellous, defamatory, infringes any Intellectual Property Rights, constitutes or encourages a criminal offence or contains a virus, worm, trojan horse or other harmful code.
“Intellectual Property Rights” Copyrights, patents, registered and unregistered design rights, database rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
“Hosting ” Consists of providing ‘Managed & Unmanaged’ services for the maintenance of shared and dedicated servers, including hardware maintenance and replacement. Though the speed and replacement time will be dependant upon the level of SLA for the server.
“Material” Text, graphics, images, sound, video or any combination thereof.
“Netiquette” Generally accepted standards of conduct relating to use of the Internet including, without limitation, not sending unsolicited mass e-mail, not impersonating another person, and not misrepresenting oneself to have authorisation from another person when one does not.
“Order Form” An order form provided by Shopsuffolk.co.uk or available from Shopsuffolk.co.uk by post or fax on request, and completed by You to indicate which Services You require and Your agreement to these terms and conditions governing such provision.
“Price Plamn” A list of Shopsuffolk.co.uk prices for each of the Services as available on Shopsuffolk.co.uk Website or from Shopsuffolk.co.uk by post or fax on request.
“Relevant Legislation” Laws relating to data protection and any laws governing Inappropriate Material.
“Server” The computer server equipment operated by Shopsuffolk.co.uk and ‘Hosting’ in connection with the Provision of the Services.
“Service Level Agreement – SLA” The standard of physical support provided to a piece of equipment whether it is Hosting Services or Collocation Services.
“Services” The services are those order by the customer for Shopsuffolk.co.uk to supply.
“Service Schedule” The breakdown of services ordered by the customer.
“Shopsuffolk.co.uk Website” The Website located at www.Shopsuffolk.co.uk or such other address as may be adopted by Shopsuffolk.co.uk from time to time.
“Uptime” The period of time that internet connectivity will be available for.
“Website” A website on the World Wide Web.
“Written Notice” Written notice may consist of a recognised email receipt that has been accepted, and received by the respondent, letter, facsimile or telegram.
1 . PAYMENT AND SERVICES
1.1 In consideration for the payment of the Fees calculated correctly in accordance with the Price Plan on Shopsuffolk.co.uk Website at the time of the completion of an Order Form by You, Shopsuffolk.co.uk agrees to provide the Services.
1.2 Unless otherwise agreed in writing by Shopsuffolk.co.uk, You agree to make payment for the Services as follows:-
METHOD OF PAYMENT
1.2.1 by debit or credit card payment at the time of making the order through Stripe.
1.2.2 by debit or credit card payment at the time of making the order through PayPal.
TIME OF PAYMENT
1.3 Payment for all Services must be made in advance of the date of supply or renewal of supply of the Service.
1.4 If You fail to pay any invoice which is due and payable under this Agreement, Shopsuffolk.co.uk shall be entitled to charge interest. You are also being charged debt recovery costs and statutory interest of 8% above the reference rate pursuant to the late payment legislation.
1.5 Non-delivery or non-performance of services by any third party other than Shopsuffolk.co.uk subcontractors shall not give You any right to delay any payment to Shopsuffolk.co.uk or to make any claim whatsoever against Shopsuffolk.co.uk.
1.6 If Shopsuffolk.co.uk does not receive payment within the agreed payment period of the date of the invoice, it may terminate this Agreement as regards any Service requested by without further obligation to You. (For most payment periods, there is a due date of within 15 days unless otherwise agreed with You and Shopsuffolk.co.uk)
1.7 For the purposes of this Agreement, time of payment is of the essence.
2.1 You hereby agree fully to indemnify, keep indemnified and hold harmless Shopsuffolk.co.uk, its officers, employees, agents, subcontractors and affiliated companies from and against any and all costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by Shopsuffolk.co.uk or its any of its officers, employees, agents, subcontractors or affiliated companies directly or indirectly and in any jurisdiction as a result of:-
2.1.1 any breach of any of the warranties given by You in this Agreement;
2.1.2 any breach of any third party software or otherwise licence agreements;
2.1.3 otherwise howsoever arising out of the provision by Shopsuffolk.co.uk of any Service here under unless on account of breach of contract or negligence by Shopsuffolk.co.uk; and/or
2.1.4 any breach by You of any of Your obligations in this Agreement
3. CUSTOMER AUTHORISATION AND OBLIGATIONS
3.1 You hereby appoint Shopsuffolk.co.uk to act on Your behalf in conjunction with the provision of the Services.
3.2 You acknowledge and accept that to enable Shopsuffolk.co.uk properly to provide the Services You must co-operate with Shopsuffolk.co.uk as required by Shopsuffolk.co.uk and, in particular:-
3.2.1 You must provide Shopsuffolk.co.uk with accurate details of Your e-mail and physical addresses and promptly notify Shopsuffolk.co.uk in writing of any alterations thereto from time to time;
3.2.2 obtain the consent of individuals whose personal data are to be held on a domain name register or are otherwise provided to Shopsuffolk.co.uk.
3.3 You hereby undertake to Shopsuffolk.co.uk not to use any of the Services in any way which might harm the reputation or goodwill of Shopsuffolk.co.uk, whether through use of Inappropriate Material or otherwise.
3.4 You hereby authorise Shopsuffolk.co.uk to release all required information relating to traffic and content passing through your account to judicial, police and other regulatory or official bodies where Shopsuffolk.co.uk is required so to do.
4. WARRANTIES AND LIABILITY
4.1 Shopsuffolk.co.uk makes no warranties or representations that Any Service will be uninterrupted or error-free. You accept all Services provided here under “as is” without warranty of any kind.
4.2 All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided here under to the fullest extent permitted by law.
4.3 Shopsuffolk.co.uk shall not be liable for any services, products supplied by any third party. Shopsuffolk.co.uk is not liable for any issues arising from information and material property including video and photographs supplied by the advertisers as it is accepted in good faith to be free from intellectual property rights and copy-rights.
4.4 Shopsuffolk.co.uk shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by or on behalf of You.
4.5 Shopsuffolk.co.uk will not be liable for any indirect or consequential loss, account for profits, wasted management time, damage, cost or expense of any kind whatsoever and howsoever arising (whether out of the provision of the Services or failure to provide the Services or otherwise), loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time, loss of goodwill or anticipated savings or any liability of You to a third party, even if Shopsuffolk.co.uk has been advised of the possibility of such loss.
4.6 Subject to Clause 4.7 below, no matter how many claims are made and whatever the basis of such claims, Shopsuffolk.co.uk maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 4.1-4.5 above, Clause 8.4 below or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the Fees paid by You during the then previous 12 months.
4.7 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Shopsuffolk.co.uk, its employees or its subcontractors.
4.8 You warrant that You have complied with all Relevant Legislation, including without limitation, the Data Protection Act 1998 in relation to the information and Material that You provide to Shopsuffolk.co.uk pursuant hereto.
4.9 Shopsuffolk.co.uk will not be liable to for any damages or loss caused by software supplied and installed by You on any server owned or leased by Shopsuffolk.co.uk., regardless of the method of software installation.
5.1 Shopsuffolk.co.uk may terminate this Agreement and/or suspend any of the Services which it provides to You by notice in writing (including email to Your most recently supplied email address) with immediate effect if:
5.1.1 You are in breach of any of Your obligations under this Agreement (including without limitation, failure to pay sums due to Shopsuffolk.co.uk by the due date);
5.1.2 You are a company and a resolution is passed for Your winding up or a petition for Your liquidation is presented; or
5.1.3 You are an individual and a petition for bankruptcy is presented against it; or
5.1.4 a receiver or liquidator (where You are a company) or (where You are an individual) a trustee in bankruptcy is appointed over You or any of Your assets; or
5.1.5 You propose or enter into any arrangement or composition with or for Your creditors (including any voluntary arrangement).
5.2 In the event that any of the circumstances identified in Clause 5.1 arises, Shopsuffolk.co.uk shall have the option to terminate this Agreement as regards all Services provided or to be provided or only as regards that Service or those Services in respect of which the breach is considered by Shopsuffolk.co.uk to have been committed; and
5.3 In the event that any of the circumstances identified in Clause 5.1 arises, Shopsuffolk.co.uk shall be entitled to retain any sums paid to it by You here under and recover any sums due to it pursuant hereto whether invoiced or not at the date of termination.
5.4 In the event that You would like to terminate the services supplied by Shopsuffolk.co.uk for circumstances unrelated to those identified in Clause 5.1, You must provide to Shopsuffolk.co.uk a minimum of 14 days written notice of your intention to terminate this Agreement.
5.5 Upon termination of services and/ or agreement as per Clause 5.4, You must make payment for outstanding invoices or charges due from the supply of services by Shopsuffolk.co.uk up to the date of termination.
5.6 In the event that the AUP is breached, Shopsuffolk.co.uk will terminate the service with immediate effect and without further obligation or liability to You. In light of Clause 5.1 to 5.4, only Clause 5.5 shall be applicable in the event of an immediate termination.
5.7 In the event that Shopsuffolk.co.uk resumes any of the Services which it has suspended or terminated, it reserves the right to charge a resumption fee in accordance with its then current charges.
6.1 Each of the parties agrees (subject to Clauses 6.2 and 6.3) not to:
6.1.1 disclose any Confidential Information received from the other party; or
6.1.2 make any use of any such Confidential Information other than for the purposes of performance of this Agreement.
6.2 Each party may disclose Confidential Information received from the other to
its responsible employees, consultants, subcontractors or suppliers who need to receive the information in the course of performance of this Agreement.
6.3 The confidentiality obligations under Clause 6.1 shall not apply to any information which:
6.3.1 is or subsequently becomes available to the general public other than through a breach by the receiving party; or
6.3.2 is already known to the receiving party before disclosure by the disclosing party;
6.3.3 is developed through the independent efforts of the receiving party; or
6.3.4 the receiving party rightfully receives from a third party without restriction as to use.
7.1 Subject to Clause 7.2, this written Agreement together with the Schedules hereto and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 7.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
7.2 No change, alteration or modification to this Agreement shall be valid unless in writing and deemed to have been accepted by both parties.
7.3 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continuing full force and effect.
7.4 Your rights and obligations under this Agreement are personal to You and You undertake that You shall not, without the prior written consent of Shopsuffolk.co.uk, assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
7.5 Shopsuffolk.co.uk reserves the right to subcontract any of the work required to fulfil its obligations here under.
7.6 Any notice given pursuant hereto may be served personally or sent by email, prepaid registered letter or recorded delivery to the addresses given here above. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service, when sent by email to the last known email address of the addressee, 24 hours after despatch or, when posted, 48 hours after the same shall have been put into the post correctly addressed and prepaid.
7.7 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance here under (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supranational authority.
7.8 Shopsuffolk.co.uk carries out data backups (excluding email) for use by Shopsuffolk.co.uk. in the event of systems failure. Shopsuffolk.co.uk does not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Shopsuffolk.co.uk accepts no responsibility for data loss, email loss or corruptions. The client is strongly advised to keep backups of ALL data.
7.9 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights here under shall not be construed as a waiver of such provision or right thereafter to enforce the same.
7.10 Clause headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement.
7.11 This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
1) Shopsuffolk.co.uk uses reasonable care to make sure that the information appearing on this site supplied by the advertiser is accurate, up-to-date and copy-right free. All the information in this guide is believed to be correct but we cannot accept responsibility for any consequences arising from errors, omissions, inaccuracies or copy-right issues in the information provided. We provide links to other World Wide Web sites or resources as a convenience. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services. Users link to other sites at their own risk and use such sites according to the terms and conditions of use of such sites.
2) This site is provided on an “as is” basis. Shopsuffolk.co.uk make every effort to provide honest and accurate information, but makes no representations or warranties of any kind, express or implied, as to the operation of the site, or the information, content, materials, products or services included on this site.
3) To the fullest extent permitted by the law, Shopsuffolk.co.uk hereby excludes all warranties regarding the site, including warranties that might otherwise be implied as to quality performance, or fitness for purpose. Shopsuffolk.co.uk shall have no liability for any claim whether arising in contract, tort or otherwise, from your use of, or inability to use the site or any material contained on it or from anything you might do or refrain from doing as a result of using the site or such material.
4) Some of the material on the Site will have been submitted by users and not by Shopsuffolk.co.uk. Shopsuffolk.co.uk accepts no responsibility for the accuracy, content, copy-righted material or ownership of that material.
5) The site will contain advertising material submitted to Shopsuffolk.co.uk by advertisers. The terms on which Shopsuffolk.co.uk accepts such advertising is that the advertiser is responsible for ensuring that the advertising material complies with all relevant law and codes of practice. Shopsuffolk.co.uk shall have no responsibility to you in respect of that material nor for any inaccuracy, error or omission in such material.
6) Shopsuffolk.co.uk shall not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive and sub-sequential damages.
7. Shopsuffolk.co.uk does not accept responsibility for any third party information appearing within the listings or the website