1. Definitions

"Service" Products and services provided by Independent Web Marketing [hereafter referred to as IWM] to use to the Internet, World Wide Web and e-commerce, including but not limited to internet access, e-mail, website building, website hosting, domain name registration, telecommunications services.
"Charges" Monthly and annual periodic and one-off payments made to IWM by the Customer for use of the Service
"Order Form" An online or printable registration form available on IWM’s website for completion by Customer to order the Service
"Web Consultancy" The building of Customer's website or online e-commerce store by IWM web consultants

2. Terms of Use

Before using IWM products and services you should read these terms carefully. By using the Service you indicate your agreement to be bound by these General Terms and conditions, whether or not you are a registered user of the Service. If you do not agree to these terms and conditions do not use the Service. Where you require any additional products or services, IWM will supply these. These additional products or services may be provided by IWM or by a third party. Any such additional products or services (whether provided by IWM or by a third party) may attract separate charges and may be subject to additional or different terms and conditions.

3. Internet Access

In order to use the Service, you need access to the Internet.

4. Customer Obligations

Customer hereby appoints IWM to act on its behalf with respect to the provision of the Service

4.1. User Account, Password and Security
You will receive or will be asked to register a username and password for use with the Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account.

4.2. Acceptable Use Policy
The following acceptable use policy applies to all uses by you of the Service, including all use of your website built by you or by IWM and/or hosted by IWM as part of the service. IWM may promptly suspend or block access to your use of the Service if you are in breach, or IWM has reason to believe you may be in breach, of this acceptable use policy, or any other provision of these general terms and conditions Customer agrees not to ·

• use our Services or your website in any way to send unsolicited commercial e-mail or "spam", or any similar abuse of the Service;
• send e-mail or any type of electronic message with the intention or result of affecting the performance of any computer facilities.
• publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information via our Service, or on your website;
• threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
• engage in illegal or unlawful activities through the Service or via your website;
  make available or upload files to your website or to the Service that you know contain a virus, worm, trojan or corrupt data;
• obtain or attempt to obtain access, through whatever means, to areas of our network or the Service which are identified as restricted or confidential; or transfer material to or from your computer or website which infringes any laws, regulations or the rights of others.
• nothing must be put on our servers that is against the laws of  England. In addition IWM reserves the right to remove material that it finds offensive or believe that others may find offensive, you have full responsibility for the content of your site
• IWM accepts no responsibility for the content of websites and reserves the right to close a website if it deems content to be unsuitable. However you will be responsible for providing all information that you require to be placed in your website. IWM does not take responsibility for any use of logos, pictures or images that you have provided from any source. You should ensure that the images you supply do not have copyright attached to them.

5. IWM's Service Obligations

IWM warrants that it will make reasonable endeavours to ensure that the services are provided as described in IWM's website but because the Services are provided by means of computer and telecommunication systems IWM makes no warranties or representations that the Service will be uninterrupted or error-free.

Customer acknowledges and accepts that no software including without limitation software licenced under this Agreement is bug, interruption or error free and in the event of any such errors, interruption or bugs.

Save as expressly set forth in this Agreement, all conditions and warranties, express or implied, statutory or otherwise, (including but not limited to any conditions or warranties as to satisfactory quality or concerning the fitness of the Services or any part thereof for a particular purpose) are hereby excluded. No oral advice or written information given by IWM, its employees, licensors or the like shall create a warranty; nor shall Customer rely on any such information or advice. If you have asked us to register a domain name then you have authorised us to act as your agent with the registering authority under the Terms and Conditions for that authority.

Please see:

http://www.networksolutions.com (.com .org .net)
http://www.nominet.org.uk (.co.uk .org.uk)
http://www.inww.com .com (.org .net)
http://www.centralnic.net (.uk.com)

IWM will use reasonable endeavours to ensure that details of the applicant's registration are correctly entered and maintained with the registering authority. IWM maintain the right to change the registration authority and maintain registrations in a manner that does not conflict with the registration authority's Terms and Conditions.

IWM will not be held responsible if an incorrect domain name has been registered. It is the customer's responsibility to ensure that correct details are provided to IWM.

If you have asked IWM to register a domain name that is not on the above list, please contact us for the Terms and Conditions of that registry, which will apply to the contract. An additional charge will apply.

6. Limitation of liability.

The entire liability of IWM and the Customer's only remedy arising in respect of any claim in respect of breach of duty, tort or breach of this Agreement, whether or not arising out of negligence, is limited to the fee paid for the Service from which the breach has arisen, in the 12 months prior to the action or event giving rise to the liability.

In no event will IWM be liable to the customer for any indirect or consequential loss or damage whatever (without limitation for example loss of business, loss of opportunity, loss of profits) including as a result of disclosure of the Customer's username or password. This shall apply even where such a loss was reasonably foreseeable or IWM had been made aware of the possibility of the Customer incurring such a loss.

IWM's liability to the Customer for the tort of deceit and for death or injury resulting from its own or that of its employees' or agents' negligence while acting in the course of their employment shall not be limited.

7. Payment

In consideration of IWM's obligations hereunder the Customer shall pay to IWM the Charges and any other charges due under this Agreement monthly in advance or as otherwise specified by IWM. Payment shall be made by the Customer in full, by the payment method specified in the Order Form.

Where an invoice arrangement exists, and in the event of any invoice being unpaid we reserve the right to suspend service after giving two week's written notice to the last known address. Suspension of service will not remove your liability to pay your account. In addition we will have the right to charge interest at the rate of 3% over the current Bank of England base rate.
If the customer does not pay the fee for web hosting, registering or renewing a domain within 30 days of the invoice date IWM reserve the right to either cancel the package including registration or change the ownership to IWM without further notice to the applicant. If the domain name is cancelled for non-payment then it will be come available to others for registration. If the domain name reverts to IWM then the applicant may negotiate directly with IWM to regain the domain, however IWM has no obligation to provide the domain to the applicant.

If you are in the United Kingdom you must add 17.5 percent VAT to all prices. In the rest of the European Union you must also add 17.5 percent VAT, unless you are VAT registered, in which case no VAT is payable providing you quote your VAT number. Outside the European Union no VAT is payable.

All amounts due to IWM under this Agreement are exclusive of Value Added Tax. VAT shall apply and be added at the appropriate rate.

IWM reserve the right to alter prices without notifying customers, particularly with regard to domain name register costs.

8. Term

8.1. This Agreement will become effective on the date of Customer registration for the Service and shall continue for a period of not less than 12 months.
8.2. Following the expiry of the first anniversary, this Agreement shall continue until terminated by either party by giving at least 30 days notice in writing of its intention to terminate the Agreement.
8.3. IWM shall have the right to terminate this Agreement by notice in writing to the Customer if any of the following events occur

8.3.1. Customer fails to make any payment when it becomes due to IWM.
8.3.2. Customer is in breach of any of its obligations under this Agreement

8.3.3. A receiver or liquidator is appointed over the Customer or any of its assets

8.3.4. Customer enters or proposes to enter into any arrangements with its creditors, including voluntary arrangements

9. General

9.1. IWM may update or amend these General Terms at any time. IWM will communicate changes to the Customer via the website.
9.2. This Agreement and any documents expressed by this Agreement to be incorporated herein constitutes the entire understanding between IWM and the Customer and save in respect of fraudulent statements supersedes all prior agreements, arrangements, understandings and representations (whether oral, written or otherwise) made by or between IWM and the Customer.

9.3. This Agreement shall be governed by and construed and interpreted in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the courts of England.

9.4. The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

9.4. IWM reserves the right to charge for any administration charges relating to cancellation of service.