AGREEMENT Terms and Conditions of Business

These are the terms and conditions of the Agreement between Swift Image and the Subscriber:

1. DEFINITIONS

In this Agreement unless the context otherwise requires:

1.1 “Swift Image” means Christopher Marc Addams trading as Swift Image, with the trading address at 7 Coneygate, Meppershall, Shefford SG17 5GB.

1.2 “Subscriber” means the person(s) or company requesting the website as confirmed by the Subscriber via email.

1.3 “Service”(s) means provision of domain name(s), Website, hosting, email, e-commerce and any other services provided by Swift Image to the Subscriber.

1.4 “Charges” means the prevailing Charges as published from time to time agreed by the Subscribers’ acceptance of this agreement for the Services.

1.5 “Website” means the software provided by Swift Image at which Service is or is to be provided under this Agreement;

1.6 “Forum” means an Internet message-board or chat-room which may be attached by hyperlink (link) to the Website.

1.7 “Server” means the computer and/or system that provides resources, data, services, or programs to other computers. The Server is where the Website’s files are stored and accessed by visitors to the Website. Where applicable, a client’s emails and databases are also stored on a Server.

2. DOMAIN NAME

2.1 Swift Image makes no representation that the domain name that the Subscriber wishes to register is able to be registered for the Subscriber or that it will be registered in the Subscribers name.

2.2 The registration and use of the Subscribers domain name is subject to the Terms and Conditions of use as applied by the Domain Registry (such as “Nominet” in the UK) and the Domain Registrar (for example LCN.com, 123.Reg.co.uk, HeartInternet.uk, etc). The Subscriber accepts that the terms and condtions of the registration of the domain(s) is beyond the control of Swift Image.

2.3 Swift Image shall have no liability in respect of the use by the Subscriber of any domain name.

2.4 Swift Image may suspend or cancel as deemed appropriate the Service and domain name(s) unless full payment of all amounts due to Swift Image at that time has been paid to Swift Image.

2.5 If payment is not received for any Service Swift Image may retain the user’s domain name for further sale and delete the Website.

3. SERVER HOSTING, FORUM and EMAIL

3.1. Swift Image makes no representation and gives no warranty as to the accuracy or quality of information received by any person via the Website or email and Swift Image shall have no liability for any loss of or damage to any data stored on the Server.

3.2. The Subscriber shall effect and maintain adequate insurance cover in respect of any loss of or damage to data stored on the Server.

3.3 The Subscriber represents, undertakes and warrants to Swift Image that any access to and use of the Service granted to the Subscriber will only be for lawful purposes and without infringing the rights of any third party.

3.4 The Subscriber will not post, link to or transmit: any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way, nor any material containing a virus or other hostile computer program, nor any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

3.5 The Subscriber will not undertake or allow the sending of unsolicited email or spam from an email address that is maintained on a Swift Image server.

3.6 The Subscriber shall keep secure any identification, password and other confidential information relating to their account and shall notify Swift Image immediately of any known or suspected unauthorised use of their account or breach of security, including loss, theft or unauthorised disclosure of their password or other security information.

3.7 Whilst Swift Image will use every reasonable endeavour to ensure the integrity and security of the Server, Swift Image does not guarantee that the Server will be free from unauthorised users or hackers or from corruption by virus and Swift Image shall be under no liability for non-receipt or misdirecting of email or for any other failure of email or any other loss or damage.

3.8 Should the Subscriber require a Forum to be linked to their Website, the Forum may be provided by one of many providers and it is the Subscribers responsibility to ensure that the Forum is run in accordance with the Terms and Conditions of the Forum provider. Although many Forums are free-of-charge, should the Subscriber opt for one that makes a charge, then the Subscriber agree to reimburse Swift Image for any costs associated with the Forums’ provision.

4. SWIFT IMAGE SERVICE

4.1 Swift Image will use all reasonable endeavours to adhere to any dates proposed by either Swift Image or the Subscriber for the provision of Service; however any such date is to be treated as an estimate only and Swift Image accepts no liability for failure to meet such dates.

4.2 Swift Image will use all reasonable endeavours to provide reliable Services; however, it is not practicable to provide Service free of faults and Swift Image does not undertake to do so. In the event of a fault in Service or part of the Service, the Subscriber must report the fault by electronic mail to Swift Image’s Technical Support support@swiftimage.co.uk. Upon receipt of the fault report, Swift Image will take all proper steps without undue delay to correct the fault within normal working hours 09:00 to 17:00 GMT Monday to Friday excluding public holidays. Swift Image shall not, in any event, be liable for interruptions of Service or downtime of a Server for any reason or be liable to refund any Charges for the Service. If the Subscriber’s email is faulty, the the Subscriber may report the fault by calling 07939 144190.

4.3 Swift Image may temporarily suspend the Service for the purpose of repair, maintenance or improvement, without notice. Swift Image undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension and shall not, in any event, be liable for interruptions of Service or downtime of a Server for any reason or be liable to refund any Charges for the Service.

4.4 Swift Image accepts no liability for any reason for the Subscriber’s applications, equipment, or facilities, acts or omissions of the Subscriber, or any use or user of the Service authorised by the Subscriber or reasons of Force Majeure or other circumstances beyond Swift Image’s reasonable control (as defined in clause 10 of these terms).

4.5 Ongoing Website maintenance, changes and additions are subject to “Reasonable Use”. Reasonable Use shall be defined as the equivalent of ½ hour programming time per month for each £20 per month paid. For clarity, this means that if you pay Swift Image £40 per month, you may use up to one (1) hour of programming time per calendar month. Unused time is not carried forward.

4.6 Services requested by the Subscriber which are in excess of Reasonable Use may be provided by Swift Image to the Subscriber and charges for such additional shall be payable by the Subscriber to Swift Image within 30 days of Invoice being sent to the Subscriber.

5. COMMENCEMENT and TERM

5.1 The Service shall commence from the date that the Service (usually the Website) became active (or ‘live’). There is no minimum term to this Agreement and the Subscriber is able to terminate the Agreement at any time subject to clause 8.1 below.

6. CONTENT and MISUSE

6.1 The Subscriber will use all reasonable endeavours to ensure that the Swift Image Service is used or includes content that conforms to the laws of this country and will not knowingly permit any illegal use or such use that will bring Swift Image into disrepute including any amendment of the text or images on the Website or Forum.

6.2 The Subscriber must not, nor must any other person, use the Service: to send receive or publish on the Website or Forum any material which is offensive, abusive, indecent, obscene, pornographic or menacing, or in breach of confidence, copyright, privacy or any other rights, to cause annoyance, inconvenience or needless anxiety, or in breach of any provisions as contained within clauses 3 and 4 of this Agreement. Swift Image may discontinue Service immediately if any illegal or use that is prohibited by these terms is found to have been carried out or permitted.

6.3 If the Subscriber sends Swift Image an image or photograph for use on the Website, it is the Subcriber’s responsibility to obtain any rights for usuage and/or make any royalty payment or similar as may be required to display the image or photograph. If the Subscriber sends Swift Image text or a document for use on the Website it is the Subcriber’s responsibility to ensure that the text or document is not plagerised or under copyright or in violition of any other legal constraint. The Subscriber shall fully indemnify, hold harmless and defend Swift Image from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable legal fees and costs), whether or not involving a third party claim, which arise out of or relate to any act or omission of the Subscriber.

7. CHARGES and PAYMENT

7.1 All payments must be in UK Pounds Sterling. If a payment is returned by the bank as unpaid for any reason, the Subscriber will be liable for an additional “returned payment” charge of £10 plus whatever fee is charged by the returning bank to Swift Image.

7.2 All Charges payable by the Subscriber for the Services shall be in accordance with the scale of Charges and rates published from time to time by Swift Image and shall be due and payable in advance of our Service provision.

7.3 Charges are exclusive of Value Added Tax (VAT). Should Swift Image become VAT registered, then Swift Image will notify the Subscriber of this occurrence and VAT shall be paid additionally by the Subscriber at the rate prescribed by law.

7.3 Swift Image shall have the right to increase its Charges at any time subject to 30 days prior notice to the Subscriber. The Subscriber shall be entitled to terminate the Agreement by written notice to Swift Image within 30 days after the notice of increase has been issued to the Subscriber and the Subscriber will remain liable for all Charges (at the previous rate) up to the date the Agreement ends.

7.4 All Charges are payable in advance. If payment is not received on or before the due date Swift Image reserves the right to immediately withdraw, suspend or limit Service and will charge the User interest at the rate of 3% of the amount overdue per month compounded. There can be no refunds for non used periods of Website provision or hosting for any reason and under any circumstances.

7.5 Swift Image shall be entitled when applicable to issue an invoice for the Charges at the appropriate times or as soon as is reasonably practicable. The invoice shall be sent to the Subscriber via email.

7.6 Recurring payments to Swift Image must be made by Direct Debit or Standing Order except in circumstances where the Subsciber is unable to facilitate this provision, such as a Local Council Authority, school, college or academy. If the Subscriber has a Direct Debit account set up with Swift Image’s provider, then one off payments will be taken via a direct debit. Otherwise one off payments must be made via bank transfer, details of which will be provided on the Swift Image invoice.

8. TERMINATION OF SERVICE

8.1 The Subscriber may terminate this agreement by giving 30 days notice to Swift Image at any time. The Subscriber shall pay all Charges up to the expiry of the notice.

8.2 Swift Image may terminate this agreement by giving 30 days notice to the Subscriber at any time or for any reason.

8.3 No Charges will be refunded for any reason. No refunds will be given for payments made that exceed the date of Termination.

8.4 Provided there are no Charges outstanding, the Subscribers Domain Name will be transferred to the Subscriber upon request and in a manner determined by Swift Image and any costs that may be incurred by Swift Image in connection with the transfer must be paid by the Subscriber to Swift Image BEFORE the transfer process is started.

9. NOTICES

9.1 Any notice to be given by either party to the other may be sent by either email or recorded delivery to the address of the other party as appearing in this Agreement.

10. MATTERS BEYOND SWIFT IMAGE’S REASONABLE CONTROL

10.1 Swift Image is not liable for any breach of this Agreement or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and/or failure by any associated Service providers including but not limited to domain name registrars and Server hosting establishments.

11. LIABILITY

11.1 The Subscriber acknowledges that Swift Image is not liable for the content that appears in any of the Services including the Website.

11.2 Swift Image undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication Service or for faults in or failures of their apparatus.

11.3 Swift Image nor its suppliers shall be liable to the Subscriber or any third party for any indirect, special, incidental, punitive, cover or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), anticipated savings, wasted expenditure, corruption or destruction of data, direct or indirect loss of revenue for any e-commerce failure, arising out of the use of, or inability to use, the Services and based on any theory of liability including breach of Agreement, breach of warranty, tort (including negligence), product liability or otherwise, even if Swift Image or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

11.4 Swift Image makes no warranty in regard to its Service or equipment and will not be responsible for any damage suffered or allegedly suffered or claimed by the Subscriber for any reason including but not limited to loss of data, wrong or non deliveries, e-commerce failure or errors and Service interruptions.

11.5 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these Terms and Conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

11.6 The total aggregate liability to the Subscriber for any claim in Agreement, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the Charges paid by the Subscriber in respect of the Services for the period of the dispute which are the subject of any such claim.

11.7 In any event no claim shall be brought unless the Subscriber has notified Swift Image of the claim within one calendar month of it arising.

12. INDEMNITY

12.1 The Subscriber shall indemnify Swift Image and keep Swift Image indemnified and hold Swift Image harmless from and against any breach by the Subscriber of these terms of business and any claim brought against Swift Image by a third party resulting from the provision of Services by Swift Image to the Subscriber and the Subscribers use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Swift Image in consequence of the Subscribers breach or non-observance of this Agreement.

13. INTELLECTUAL PROPERTY RIGHTS

13.1 The Subscriber shall obtain any and all necessary consents and clearances to enable them to lawfully make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of the Subscribers domain name.

13.2 Swift Image and no other party retain all Intellectual Property Rights in respect of the Subscribers Website.

14. ASSIGNMENT

14.1 The Subscriber may assign this Agreement to any other party only with the prior written agreement of Swift Image. If a Subscriber assigns a Website to a another party, the domain name that is associated with the Website must also be assigned except where explicity agreed and confirmed by email to Swift Image by both the Subscriber and the other party at the time of the assignment.

14.2 Swift Image reserves the right to assign this Agreement at any time and must give the Subscriber 30 days notice of the event.

15. LAW

15.1 This Agreement shall be governed by and construed in accordance with English law and the Subscriber hereby submits to the non-exclusive jurisdiction of the English courts.

15.2 This Agreement may be varied or supplemented at any time and in this event Swift Image will notify the Subscriber by email.

15.3 If any provision in this Agreement should be held to be invalid such provision shall be severed and the remaining provisions shall continue to have full force and effect.

16. HEADINGS

16.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

17. DATA PROTECTION

17.1 The Subscriber accepts that encrypted and unencrypted data may be transferred and stored on the Swift Image’s computer systems and servers or computer systems and servers nominated by Swift Image in the UK and any other country where Swift Image’s computer systems servers or nominated computer systems and servers may reside from time to time. All information, mail messages and other data stored therein will be treated as private and solely as the property of the Subscriber at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with the Subscribers express or implied permission and/or for the purpose of Swift Image’s back up services and maintenance and/or providing the Subscriber with the Services and/or for Swift Image’s own internal purposes such as market research and testing that the Services are working correctly.

17.2 Swift Image expressly points out that by entering into this Agreement the Subscriber acknowledges and agrees that once unencrypted data passes onto the Internet, it is not secure and is open to unscrupulous use. Swift Image cannot accept responsibility or liability for any data or information that becomes available by such means against the Subscribers wishes and Swift Image recommends the use of encryption for transfer of sensitive data or information.

17.3 The Subscriber accepts that the Swift Image will put the Subscriber on its mailing and telephone lists for receipt of Service information from Swift Image. Swift Image will not pass the Subscribers details on to third parties without the consent of the Subscriber as confirmed by email.

18. ENTIRE AGREEMENT

These Terms and Conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms and Conditions. In agreeing to these Terms and Conditions, the Subscriber has not relied on any representation other than those expressly stated in these Terms and Conditions and agrees that they shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

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Any questions regarding our terms and conditions should be emailed to us at the address given on the contact page of this website.