Zippy Links Customer Agreement
Terms and Conditions

1 Definitions
"Company" shall mean any of the Zippylinks group of companies and shall include the Company's successors and assignees.
"Customer" shall mean the person or company who has entered into a contract with the Company.
"Contract" shall mean the agreement between the Company and the Customer.

2 Law applicable
The Contract shall be construed and interpreted in accordance with the laws of England and subject to the jurisdiction of the English courts.

3 Scope
Software and Services shall include but not be limited to:
Hosting - managed/non-managed
Design services
E-commerce
Domain services
Promotion services

4 Non-disclosure
Both the Company and the Customer shall maintain confidential any patents, designs, copyright and intellectual property. This shall also include but not be limited to trade secrets, product information and business information.

5 Warranty and limit of liability
(a) The Company's obligations under this Contract do not constitute a guarantee that the Customer shall enjoy continuous, error-free use of the Software or Services provided by the Company.

(b) The Company shall not be liable to the Customer for any losses or expenses incurred by the Customer due to the Software malfunctioning, being inoperable or any Service being unavailable, provided that the Company carries out its obligations under the Contract within a reasonable period of being requested to do so by the Customer

(c) Neither the Customer nor the Company shall be liable to the other for any claims for indirect or consequential losses whether arising from negligence or otherwise. In no event shall the Company's liability under the Contract exceed the price paid by the Customer to the Company for the Software and Services connected with any claim.

6 Customer covenants
It is the Customer's responsibility to:

(a) Operate the Software or Services in a professional and prudent manner and in accordance with any operating manuals supplied by the Company.

(b) Make and keep safe back up copies of Data and Software.

(c) Ensure that no copyrights are infringed in the course of operating the Software or Services.

7 Payment terms
Unless otherwise agreed in writing, all charges are payable in advance. In the event of late payment the Company will charge interest at 2% per month or part thereof and the Company's obligations under the Contract will be suspended until payment has been made in full.

8 Cost increases
The Company will give the Customer prior notice if the cost of Software or Services is to increase. There will be no increase for the duration of the specified minimum term of the contract.

9 Term
The Contract is for a period as specified in the price list and is to continue thereafter indefinitely subject to three months notice of cancellation in writing by either party.

10 Termination
Either party shall have the right to terminate the Contract if the other party is in material breach of the Contract and does not rectify such a breach within 30 days of receipt of notification thereof in writing from the injured party. Termination shall not affect any other rights of the injured party.

11 Force majeure
Neither party shall be liable for failure to perform its obligations under the Contract if such failure results from circumstances beyond the party's control.

12 Acceptable Use
Acceptance of any Customer is at the absolute discretion of the Company and the Customer shall not operate the Software or Services in any of the following areas:

(a) Adult goods or services including:
Escort agencies and sex chat lines.

(b) Gambling services including:
Lottery, raffles or competitions.

(c) Travel, tourism or timeshare except where ABTA or ATOL bonded.

(d) Charity except where a valid registration no is provided.

13 Entire Agreement
The parties agree that these terms and conditions (together with any other written terms and conditions expressly incorporated in the Contract) represent the entire agreement between the parties relating to the provision of Software and Services by the Company to the Customer, and that no statements or representations made by either party have been relied upon by the other in agreeing to enter into the Contract.