The Cyanpink Policy
We believe in telling you exactly what you may be liable to
pay. There are no hidden extras and we won't charge you anything you
haven't been made aware of.
You will always be given the opportunity to cancel a service
before you are charged for it.
No obligation Set-up
There is a no obligation set-up to allow us to create your website, mail account and any other options you have chosen, as well as any
administration.
Minimum Term
All services are available for a minimum term of 1 year.
We have to insist on this, as it doesn't become cost effective for us to offer
services for less than this.
Privacy Statement
We are committed to protecting your privacy. We will only use
the information that we collect about you lawfully (in accordance with the Data
Protection Act 1998).
We collect information about you for 2 reasons: firstly, to
process your order and second, to provide you with the best possible service.
We will not e-mail you in the future unless you have given us
your consent or unless it is to notify you of support or billing related
incidents that may affect your service.
We will not pass your e-mail address to other trusted traders
unless you agree.
The type of information we will collect about you includes:
- your name
- address
- phone number
- email address
We will never collect sensitive information about you without
your explicit consent.
The information we hold will be accurate and up to date. You
can check the information that we hold about you by emailing us. If you find any
inaccuracies we will delete or correct it promptly.
If you have any questions/comments about privacy, you should
email us.
Website changes
We aim to respond to all website change requests as fast as
possible.
Terms and
Conditions
1. Provision of Service
1.1 This contract covers the provision of service by Cyanpink,
to the customer. It supersedes and takes precedence over any previous written or
oral representations given or made by the firm or any representatives of the
firm. In agreeing to the provision of the services, the customer is deemed to
have read and understood these terms and conditions.
1.2 Any date proposed either by the customer or Cyanpink for
the provision of services to be treated as an estimate only and Cyanpink accepts
no liability for any failure to meet it.
1.3 Cyanpink reserve the right to alter or amend its terms and
conditions by giving seven days' prior notice to the customer. Notice will be
deemed to have been given by Cyanpink by displaying the notice on the website
of Cyanpink that can be found at
http://www.cyanpink.co.uk
2 Definition and application
2.1 In this Contract:
"the customer" means the customer with whom Cyanpink makes
this contract including a person reasonably appearing to Cyanpink to act with
that customer's authority
"WWW" means World Wide Web service available on the Internet;
"Domain names" means Internet addresses which have been
registered with the central registration authorities on the Internet on behalf
of the customer;
"Upload" means transfer computer files to Cyanpink for
publication on the Internet, WWW;
"Commencement date" means the date of Cyanpink's acceptance of
the customer's order specified by the order date on the customer invoice
"This contract" means the contract between the customer and
Cyanpink incorporating these terms and conditions;
"Website" means the area on Cyanpink's website allocated to
the customer for the purpose of this order;
"Hosting" means the making available of the customer’s domain
name to the Internet community;
"Renewal Date" means the date of renewal of this contract
between the customer and Cyanpink, as defined on the customer application form;
"Illegal" means any act or acts which are capable of breaching
the criminal law of England and Wales.
2.2 Any words in the singular include the plural and vice
versa. All definitions, notes, terms and conditions referred to in this contract
form part of the contract as if they were expressly set out in it.
3 Contract Period
This Contract shall continue from the commencement date for a
period of twelve calendar months subject to termination under conditions 8 and
9.
4 The Customer’s Responsibilities
4.1 It is the customer's obligation to ensure that any
material provided to Cyanpink is not in breach of copyright. Cyanpink accepts no
responsibility for the customer's actions in either uploading material to the
WWW or in the customer's transferral of any material to other Websites.
4.2 The customer agrees not to upload any material which would
be considered to be contrary to public decency and morality. Cyanpink reserve
the right to randomly inspect Websites and in the event that any unauthorised
material has been uploaded to that Website, Cyanpink reserve the right to
inform the authorities and to terminate this contact forthwith. Uploaded
material would expressly include pornographic (unless agreed in advance and legal), barbaric and overtly tasteless
material.
4.3 The customer agrees that it shall not cause or permit or
in any way assist in any unauthorised publication, any dissemination of any
defamatory material or any material which could be considered to be in breach of
the criminal laws of England and Wales.
4.4 The customer agrees to keep secure the email address
specified on the application form and not to pass that information to any
unauthorised person. In the event of the customer's login name and password
being used by any unauthorised person, Cyanpink accept no responsibility and the
customer will be liable for additional charges arising therefrom.
4.5 If the contract is terminated by the customer, the
customer will not be entitled to any refund.
4.6 Not to commit any act whereby access is gained by the
customer to any information or resources of any body corporate or person,
individual, partnership, government agency, national institution, charity or
recognised organisation without first having obtained authority from those
persons or institutions.
4.7 The customer agrees not to use Cyanpink website, or email
address to send unsolicited or spam e-mail to other Internet users. Failure to
meet this obligation would result in the termination of this contract without
refund.
4.8 Not to do any act or omission, the result of which would have the effect
of bringing Cyanpink into disrepute.
5 Limitation of Liability
5.1 For the avoidance of doubt Cyanpink has no obligation duty
or liability in contract and/or tort for breach of statutory duty or otherwise
beyond that of a duty to exercise reasonable skill and care.
5.2 In any event and in no circumstance shall Cyanpink be
liable for any loss either direct or indirect of profits, business or
anticipated savings or any other direct or indirect consequential loss arising
out of the provision of the service to the customer.
5.3 In no circumstance shall Cyanpink be liable for any loss
whether direct or indirect arising from the content of any information placed by
the customer onto Cyanpink’s website.
5.4 Under no circumstances shall Cyanpink be liable for loss
whether direct or indirect of profits, business or anticipated savings or for
any direct or indirect consequential loss whatsoever by the failure of, or any
problem experienced by the customer in it's operation of it's website.
5.5 Each provision of this condition is to be construed as a
separate limitation applying and surviving even if for any reason one or other
of the said provisions is held inapplicable or unreasonable.
6 Indemnity
6.1 Without prejudice to any other rights or remedies which
Cyanpink may have against the customer, the customer shall indemnify Cyanpink
against any loss or expenses sustained by reason of any breach of this contract
and any actions, proceedings, claims or demands in any way connected with this
contract brought on by or threatened against Cyanpink by a third party which are
caused by or arise from any action of Cyanpink carried out pursuant to the
instructions of the customer.
6.2 The customer shall indemnify Cyanpink against any actions,
proceedings, claims or demands in any way connected with this contract brought
or threatened against Cyanpink by a third party which are caused by or arise
from any act or default of Cyanpink carried out pursuant to the instructions of
the customer.
7 Charges
7.1 The full contract price must be paid prior to Cyanpink UK
providing the service contemplated by this contract.
7.2 All charges of whatever nature in respect of service shall
as such be as Cyanpink shall determine from time to time. On each occasion when
service is provided to the customer, the customer shall pay the charges in force
at that time, full details of which will be available from the address specified
in condition 9.
7.3 Value added Tax where applicable will be added at the
appropriate rate to the total of all charges shown on the customers bill. At
present (1 January 2007), Cyanpink is not registered for VAT purposes.
7.4 Should Cyanpink have to issue Court proceedings pursuant
to this contract the customer accepts responsibility for all Cyanpink’s legal
fees and disbursements notwithstanding the value of the claim, on an indemnity
basis.
7.5 Any third party costs Cyanpink may incur due to processing
the payment for the services will be payable by the customer within seven days.
8 Termination of this contract by Cyanpink
8.1 If the customer does not pay any charge when due or breaks
this contract in any other way Cyanpink can terminate this contract immediately
without the requirement of prior notification.
8.2 Termination of this contract by Cyanpink will result in
the retaining by Cyanpink of all monies received from the customer who will not
be entitled to a refund of monies paid.
8.3 Upon termination of this contract the customer shall
nevertheless remain liable for all charges due or which would have been payable
under this contract.
8.4 On termination Cyanpink will remove all materials held on
Cyanpink’s website and remove all privileges entitled to the customer.
8.5 Subject to the discretion of Cyanpink, after termination,
if Cyanpink agree that the customer may once again be reconnected to the
service, any reconnection will be subject to an administration charge together
with any outstanding charges payable prior to the reconnection.
9 Termination of the contract by the customer
9.1 The customer can terminate this contract at any time in
writing to the following email address: services@Cyanpink.co.uk. In an event of
the customer so terminating this contract, the customer will be entitled if they
so wish to continue with the contract until the expiration of the contract
period or alternatively the customer may request the immediate termination of
the contract.
10. Force Majeure
10.1 Cyanpink is not liable for any breach of this contract if
the breach was caused by an act of God, insurrection or civil disorder, war or
military operations, national or local emergency, acts of omissions of
government, highway authority or other competent authority, Cyanpink's
compliance with any statutory obligation, industrial disputes of any kind
(whether or not involving Cyanpink employees), fire, lightening, explosion,
flood, subsidence, weather of exceptional severity, acts of omission of persons
whom Cyanpink is not responsible (including in particular other
telecommunication service providers or website hosting companies), or any other
cause whether similar or dissimilar outside Cyanpink's reasonable control.
11. Proper Law
This contract is to be treated as made in England and Wales
according to English and Welsh Law and subject to the jurisdiction of the
English and Welsh Courts.
12 Limitation on assignment
12.1 The customer must not assign the benefit of this contract
in whole or in part.
12.2 Cyanpink reserve the right to assign the benefit of this
contract by giving prior written notice of any assignment to the customer.
12.3 Cyanpink is part of Blueberry Services who may be
contacted via their website
http://www.blueberryservices.co.uk/
13. Bandwidth
We do not prescribe limitations on bandwidth but in the event
that a website proves so successful that we approach our own bandwidth
restrictions, we will discuss the matter with the client. If we are unable to
reach a resolution, we will at our discretion make a pro-rata refund and
terminate our relationship with the client.
Valid from 1 January 2007.
Website Link Policy
This website may contain links to other websites ("Linked
Sites"). The Linked Sites are provided for your convenience,
information and, in some cases, transactional capability, only and,
as such, you access them at your own risk. The content of any Linked
Sites is not under the control of the website owner, and the website
owner is not responsible for, and does not endorse, such content,
whether or not the website owner is affiliated with the owners of
such Linked Sites. You may not establish a hyperlink to this website
or provide any links that state or imply any advertising,
sponsorship or endorsement of your own, or any other, website by the
website owner, and/or its affiliated or related entities, associates
or partners, or any company or companies within the Cyangold Limited
group or Blueberry Services group, or providers.
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