Last revision: 1 November 2001
These conditions represent the terms and conditions for using the
SupportByEmail.com service ("the Service"). The Service is provided by
Lightwood Consultancy Ltd ("the Company") to you ("the Client") on the
basis that you accept the terms of this contract. By completing the
registration process and you are confirming your agreement to be bound
by these terms and conditions.
SupportByEmail.com is an electronic mail facility accessible over
the World Wide Web. The Service allows you to choose your own email address
from a list of domain names owned by the Company or you may choose to provide
your own email address on a domain you own. Email addresses provided as part
of the Service remain the property of the Company and no transfer of ownership
is granted or implied.
The Company does not provide dial-up access facilities or any other
means of connecting to the Internet; the Client must provide his own access
to the World Wide Web and pay any related costs in order to use the
Service.
Invoices are
sent by email at the end of each billing period and accounts should be
settled within 14 days of any bill being issued. The Company may suspend
access to the Service for any account that is overdue for payment, and
reserves the right to charge a re-activation fee or request a deposit
in these circumstances. Any billing queries should be sent immediately upon
receiving the bill to billing@supportbyemail.com.
The Company will publish the current pricing schedule on SupportByEmail.com
and will give one month notice of any changes to all clients. Prices are
published separately for UK Pounds and US Dollars and the amounts billed
are not affected on a day-to-day basis by the exchange rate between these
currencies.
Clients based in the UK will be billed in UK Pounds with prices subject to VAT
at the current rate. All other clients may choose to be billed in UK
Pounds or US Dollars at registration time. Payment made by credit card from
a bank account in a different currency to the chosen billing currency may
incur a foreign transaction handling fee by the issuing bank, and the actual
amount payable will vary according to the actual exchange rate at the time
payment is made. The billing currency may not
be altered once an account has been activated.
The Service is provided for the purpose of receiving, reading and replying
to email messages on a day-to-day basis. The Client must not abuse the
service by using it for illegal, immoral or antisocial purposes. Abuse
includes the sending of unsolicited commercial email messages or distrubution
of any obscene material using the Service. The definition of abuse is not
limited to these examples and is at the sole discretion of the Company.
The Company reserves the right to suspend access to the Service without
notice to investigate suspected abuse, and to prevent access to any account
for as long as is necessary to ensure that any such abuse does not reoccur.
The Client is responsible for use of the Service through their account,
or any additional user accounts created. It is the Client's resposibility
to protect the confidentiality of any passwords and to alert additional users
of such responsibility before using the Service. If the Client becomes aware
of any unauthorised access to their account they should notify the Company
immediately.
The Company does not warrant that the Service will meet any particular
requirements of the Client. A free evaluation account is available so that
the Client can make a decision based upon the actual operation of the Service.
The Company will make best effort to ensure the availability and quality of
the Service but does not warrant that it will be uninterrupted, secure or
error free. When downtime is required due to planned maintenance, the
Client will be given at least 24 hours notice prior to any work being carried
out.
The Client will indemnify and hold harmless the Company against any loss,
damage, cost and expense which he may incur or become liable for by reason
of any claims or suits arising in connection with data transmitted through use
of the Service including, without limitation, the expense and cost of defending
any and all such claims and actions, except where such claims result solely
from the negligence of the Company's failure to perform its obligations under
this agreement
If any of the provisions of this contract is judged to be
illegal, unreasonable or unenforceable the rest of these terms and conditions
will continue to apply. Any delay on the part of the Company to enforce its
rights under this contract will not prejudice or restrict its rights and no
waiver of any such rights will be deemed to be a waiver of any other right or
of any later breach.
These terms and conditions will be governed in accordance with the laws of
England and Wales. The Client agrees to submit to the exclusive
jurisdiction of the courts of England and Wales except by special prior
arrangement.
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