Terms
New Era Internet Ltd provide Service(s) to Clients subject to and as set out in a written Agreement between New Era Internet Ltd and each Client and these Terms & Conditions.
Provision of Service(s)
1) New Era Internet Ltd reserves the right to withdraw its provision of services at any time that it becomes aware of or is notified of the misuse, abuse or illegal use of said services contrary to any statutory regulation or law governing the relationship between New Era Internet Ltd and the Client under this Contract.
2) These Conditions together with any terms set out in the Agreement between New Era Internet Ltd and the Client constitute the entire agreement between the parties, supercede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
3) English law shall apply to any Contract unless specifically stated otherwise, and the parties agree to submit to the exclusive jurisdiction of the English courts.
4) New Era Internet Ltd reserves the right to review and revise these Conditions from time to time without prior notice.
The Service(s)
1) New Era Internet Ltd may at any time without notifying the Client make any changes to the Service(s) which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature and or quality of the Service(s).
2) All charges quoted to the Client for the provision of the Service(s) are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.
3) New Era Internet Ltd warrants to the Client that Service(s) will be provided using reasonable care and skill and as continuously as reasonably possible, at all times subject to restrictions resulting from third parties (whether as a result of their action or inaction). Where New Era Internet Ltd supplies Service(s) in connection with services or goods supplied by a third party, New Era Internet Ltd does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise.
However, where possible, the benefit of any warranty, guarantee or indemnity given by the supplier of goods/services to New Era Internet Ltd will be assigned to the Client .
4) New Era Internet Ltd shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any materials, equipment or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
5) The entire liability of New Era Internet Ltd under or in connection with any contract for Service(s) shall not exceed the amount New Era Internet Ltd charges for the provision of the Service(s), except as expressly provided in these Conditions.
6) New Era Internet Ltd shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of New Era Internet Ltd's obligations in relation to the Service(s), if the delay or failure was due to any cause beyond New Era Internet Ltd's reasonable control.
Ownership of Information
All Client information, mail messages and other data stored on New Era Internet Ltd equipment is treated as private and solely the property of the Client at all times (with the exception of any work that has not been paid for in full - see the relevant sections below for full conditions) and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Client and/or for the purposes of New Era Internet Ltd back-up routines and/or providing the Client with support services or as required by the law.
Domain names
1) Domain names registered on the Client's behalf are at no time the property of the Client or New Era Internet Ltd. The Client, upon registration, merely receives the right of use of such name(s) for such time as it (they) are:
(a) validly registered to the Client and
(b) paid for in full.
This provision is subject to such rules of the duly appointed Naming Committees/Organisations as are in force from time to time.
2) The Client shall meet all third party costs arising from the registration of a domain name.
3) New Era Internet Ltd do not charge fees to release control of a domain name (commonly referred to as 'transfer-out' charges); however control of a domain will not be released if there are monies owing to New Era Internet Ltd for any Service(s) provided to the Client.
Hosting
1) Hosting is payable for yearly in advance, unless a separate contract for monthly payment is agreed in writing.
2) The minimum period for the provision of this service is 12 months from the date of acceptance; the expiry date of the service will be clearly stated in the invoice issued regarding the service.
3) New Era Internet Ltd shall be entitled to restrict bandwidth available to the client at any time to protect all clients from time to time where necessary.
4) New Era Internet Ltd will turn off hosting services if they are not paid for promptly.
At least one reminder will be sent to the Client's last notified contact address before this action is taken.
Should services be suspended a £50 re-activation fee will be liable. This fee, together with the full amount outstanding for hosting, must be received as cleared funds before the service is re-activated.
5) Regular backups are made on all servers. However, where New Era Internet Ltd is not directly responsible under specific monthly contract for the maintenance of a Client's web site, New Era Internet Ltd shall have no liability for loss of data, graphics or any other item in connection with site.
It is the owner of the site's responsibility to assure that he/she has all relevant material backed up.
This does not apply to sites maintained by New Era Internet Ltd, where New Era Internet Ltd shall keep up-to-date back-ups of all site material for so long as the maintenance contract remains in place.
Where New Era Internet Ltd has designed / constructed a website then backups will be kept. However if the Client subsequently carries out work (or has further work carried out) then New Era Internet Ltd is not responsible for making further backups of the latest version of a website.
Email
Mail awaiting delivery is stored securely and is non-accessible to other internet users. However, once the Client's decrypted data passes onto the internet, it is no longer secure and is open to unscrupulous use.
New Era Internet Ltd cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Client and New Era Internet Ltd recommends the use of encryption for transfer of sensitive data or information.
The Client undertakes that the Client's data (whether stored or sent over the internet) will not contain anything obscene, offensive or defamatory. The Client will indemnify New Era Internet Ltd and keep New Era Internet Ltd fully and effectively indemnified against all actions, proceedings, claims, demands, damages and costs (including all legal costs on a full indemnity basis) occasioned to New Era Internet Ltd as a result of any breach of the said undertaking.
(Web) Design, Photography
1) New Era Internet Ltd in its sole discretion will decide whether or not to commence work on any project prior to receiving a signed quotation for that work from the Client together with a deposit.
2) New Era Internet Ltd may correct any typographical errors in any material, brochures or literature provided by the Client without any liability to the said Client.
3) New Era Internet Ltd may reject any material that in their estimation may be deemed offensive or infringes copyright. New Era Internet Ltd will not be held responsible for any breach of copyright; we will assume that any information or images given to us have been fully sanctioned or authorised and are the property of the client.
5) New Era Internet Ltd cannot promise a start or finish date for any project until all content required for that project has been provided (including but not limited to text and images) and any obligations that are the Client's have been discharged - for example acquisition of a Merchant ID for an eCommerce website.
6) Depending on the initial design template chosen, New Era Internet Ltd will in their own interest modify or alter the preset design within reasonable limits to accommodate Client content.
7) Unless specified by the Client and confirmed on a separate agreement form, the programming and design will be the responsibility of New Era Internet Ltd. New Era Internet Ltd will assume that the Client has given them permission to design and layout each individual page.
8) All design and photography work (including but not restricted to logos, photography, drawing, image manipulation, page layout, animation and any other graphic work undertaken by New Era Internet Ltd for the website; the data files comprising such work and any reproduction or clear likeness thereof) remains the sole property of New Era Internet Ltd or their subsidiaries until the agreed amount for that work (as reflected by a single signed quotation and including a body of work as reflected by more than one signed quotation) has been paid in full.
After payment has been received in full the website and design work contained therein becomes the property of the Client with the exception of
(a) original photographic work and
(b) original artwork (excluding logo design).
Permission must be obtained in writing from New Era Internet Ltd if the Client wishes to re-use original photographic images or artwork.
9) Mistakes and omissions by Europahost / New Era Internet Ltd excluded, any alterations/changes or redesigns to the completed site will be chargeable as an extra at the standard rates, to be agreed with the Client in writing by means of a signed quotation. Similarly, substantial changes to a site template after it has been approved will also be chargeable as an extra at standard hourly rates or at an amount agreed in writing with the Client by means of a further signed quotation.
In all cases New Era Internet Ltd undertakes to inform the client of the amount of extra work involved and to get their written agreement to extra costs. Once costs have been agreed by the Client in writing and the work is completed, the Client remains liable for the cost of the work done, regardless of whether or not the work is subsequently used.
Programming
New Era Internet Ltd LICENSE AGREEMENT AND LIMITED WARRANTY
"Software" is defined as any code, media, and accompanying on-line or printed documentation provided under contract.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
New Era Internet Ltd grants you the right to use the Software in the manner provided below.
The Software remains New Era Internet Ltd's property at all times. Once payment for the Software has been received in full, it is licensed to the Client exclusively and permanently.
Regardless of any modifications made by or on behalf of the Client, the Client may not distribute any part of the Software under any circumstances except the following :
The Client may transfer this License to another party (i.e. by passing control of the Software to a third party). However
(a) the License now exists between Europahost Ltd / New Era Internet and that third party
(b) the Client's license is revoked at this point; no copies of the Software may be retained.
As the Software is owned by New Era Internet Ltd or its suppliers and is protected by copyright law and international copyright treaty, the Client undertakes to treat it like any other copyrighted material except that one copy may be made solely for back-up or archival purposes.
Upgraded version(s) of the Software constitute(s) a single product with the New Era Internet Ltd original Software and all terms of the License Agreement continue to apply.
The Software might include source code, redistributable files, and/or other files provided by a third party vendor ("Third Party Software"). Since use of Third Party Software might be subject to license restrictions imposed by the third party vendor, you should refer to the on-line documentation (if any) provided with the Third Party Software for any license restrictions imposed by the third party vendor. In any event, any license restrictions imposed by a third party vendor are in addition to, not in lieu of, the terms and conditions of this License Agreement.
New Era Internet Ltd may agree to transfer ownership of code to you in writing upon request.
LIMITED WARRANTY.
Except with respect to the redistributables, which are provided "as is," without warranty of any kind, New Era Internet Ltd warrants that the Software, as updated and when properly used, will perform substantially in accordance with its specification as agreed between New Era Internet Ltd, and the Software will be free from defects in for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days.
The Software will have been tested extensively during development and will have been 'beta-tested' by you before payment has been received. Therefore New Era Internet Ltd and its suppliers' entire liability and your exclusive remedy shall be repair or replacement of the Software.
This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, New Era Internet Ltd AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL New Era Internet Ltd OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF New Era Internet Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Web Browser & Operating Systems Upgrades
New Era Internet Ltd will design and develop websites to be compliant with the latest major web browsers (Internet Explorer, Firefox and Safari) and operating systems (Windows for PC and Mac OS) available. If new browsers, browser updates/versions or operating system updates/versions come out which mean that a website needs updating to remain compliant, this is to be regarded (at New Era Internet Ltd's sole discretion) as extra work, which will need to be paid for.
GENERAL PROVISIONS.
This statement may only be modified in writing signed by you and New Era Internet Ltd. If any provision of this statement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect. New Era Internet Ltd reserves all rights not specifically granted in this statement.