Terms & Conditions

1.   Definitions

1

In these conditions the following terms shall have the following meanings:

'Company'

Miniwebs Ltd Company Number  5166002

'Customer'

the customer of the Company.

'Contract'

any contract for the provision of Services by the Company to the Customer.

'Order Confirmation'

the Order Confirmation Form submitted by the Company to the Customer by email for the provision of the Services, in response to the Customer's Order.

'Restricted Material'

material as described in clause 9.1.

'Services'

The services described in the Miniwebs Ltd website available from the Company to the Customer.

'mini-web'

The personalised website purchased for personal use or as a gift.

‘We/Us’

means the Company

2.   Contact Details

2.1

The contact address and details of the Company are :-  

Miniwebs Ltd, 3 Bewsey Road, Warrington, Cheshire WA2 7LN

Helpdesk:

3.   Price

3.1

The Price of the Services is set out on the Miniwebs Ltd website and the Order Confirmation.   The Price is in Great Britain Pounds Sterling and includes all taxes or other duties due, charged at the rate or rates applicable at the date of the Order Confirmation. 

4.   Term

4.1

The Agreement for the Services shall be for an initial period of 3 years from the date of activation of the mini-web. After the initial period of 3 years, the Customer will have the option to reactivate their mini-web   for a nominal fee (which will be the fee current at the time) for a further period of 2 years upon the terms and conditions in force at the date of exercise of the option to reactivate by the Customer.  The option to reactivate will arise upon the expiry of any  further period of activation.

4.2

The Company will notify the Customer of this option by email 2 months before expiry of the initial period or any further period of activation. The option to reactivate will remain available to the Customer for 1 month from the expiry of the initial 3 year period or from the expiry of any further period.

5.   Completing The Contract

5.1

For Services purchased online:

5.1.1

When you complete your details and the details of the Services which you wish to purchase and submit them to us by (clicking the Confirm  button) you are offering to purchase the Services at the price shown on the Miniwebs Ltd website subject to these terms and conditions.

5.1.2

The Contract for the sale by us to you of the Services is completed when we send to you our Order Confirmation by email.

5.1.3

In order to buy Services from us online through the Miniwebs Ltd website and in order to comply with current legislation on credit you must be at least 18 years old.  We reserve the right at our discretion to refuse to complete a contract for the sale of Services to you.

5.2

If a mini-web is purchased through a retail outlet, the Contract is completed on activation of the mini-web

6.   Payment

6.1

For orders made online either through a link from a  retailer’s web site or directly through the Miniwebs Ltd  web site, payment is made by Credit/Debit card on WorldPay. 

6.2

For purchases made in store, payment is made directly to the retailer in exchange for a CD and activation code. 

6.3

Payment for additional features required by the Customer, details of which are provided on the Miniwebs Ltd website,  can be made online by Credit/Debit card on WorldPay.

7.   Cancellation Of Orders (Online Purchases Only)

7.1

As the nature of the Services which the Company is supplying to you are highly personalised and you agree, by accepting  these terms and conditions, to the  performance of the Services beginning upon the Company sending to you our Order Confirmation, you will not be able to cancel the contract under Regulation 10 of The Consumer Protection (Distance Selling) Regulations 2000. 

8.   The Company's Duties

8.1

The Customer acknowledges that, given the nature of such Services via the Internet, the Company cannot guarantee that the Services will be uninterrupted or free from error.

8.2

The Company will use its reasonable endeavours to perform the Services during the term of this Agreement.

8.3

The Company reserves the right in its sole discretion to delete Restricted Material entered into the mini-web by the Customer. 

9.   Customer's Duties

9.1

The Customer shall not use the mini-web:

• to defame, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights of any other person firm or company
• to conduct, promote or forward any of the following; pyramid schemes, chain letters, unsolicited emails (including "spamming") or any other illegal marketing practices.
• to publish, post, distribute, advertise or link to any:
• material of whatever nature which is defamatory, obscene, contains nudity or adult content or is in any other way illegal;
• material which contains viruses or other such corrupted files which may damage the operation of any other persons, computer hardware or software.
• any material the copyright of which belongs to a 3^rd party
• any other unlawful purpose, whether under English Law, the laws of the Customer's country or any other place where the mini-web can be accessed.

9.2

The Customer will not copy or divulge to anyone the Company's source code.

9.3

The Company gives no Warranty or representation (express or implied) of any kind in connection with the Agreement including as to satisfactory quality and fitness for a particular purpose and in particular that :-

• the Services will meet the Customer's requirements ; or
• the Services will be provided on an, uninterrupted, timely, secure or error-free basis

9.4

The Company will endeavour to accommodate the Customer's choice of domain name for the mini-web but in the event that it has already been taken, the Company reserves the right to provide a similar alternative domain name for the mini-web.

10.   Customers Warranties

10.1

The Customer warrants that  :-

• it has the legal capacity and authority to :-
• enter into this Agreement
• be bound by these Terms and Conditions and any amendments or additions to them
• if the Customer is a limited company that the person or persons entering into this Agreement on behalf of the Customer has authority to bind the limited company .
• it will not use the Company's mini-web for any purpose that is unlawful, or prohibited by this Agreement.
• that it will comply with all applicable laws in connection with the Customer's performance of this agreement and warrants that any data provided by the Customer is not :-
• in breach of any, regulation, code of practice or acceptable use policy; or
• abusive, indecent, defamatory, obscene or otherwise offensive;    or
• in breach of confidence, copyright or other intellectual property rights, privacy or any other right of any third party

10.2

The Customer shall compensate the Company in full on demand for all claims, expenses and liabilities of any nature in connection with them, including, but not limited to, any claim, whether actual or alleged, that the data or specification infringes the rights of any third party.  The Company is not responsible for monitoring the content of the mini-web.

11.   Claims

11.1

The Company shall have no liability with regard to any claim in respect of allegedly defective Services unless any claim is made in writing to the Company containing full details of the claim within 10 days of provision of the Services.

11.2

The Company shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition.

12.   Extent Of Liability

12.1

The Company shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Company or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract except:

-          for death or personal injury resulting from the Company's negligence; and

-          as expressly stated in these conditions. 

12.2

Where the Company is liable in accordance with this condition in respect of only some or part of the Services the Contract shall remain in full force and effect in respect of the other or other parts of the Services and no set-off or other claim shall be made by the Customer against or in respect of such other or other parts of the Services.

12.3

No claim against the Company shall be entertained for any defect arising from any design or specification provided or made by the Customer in respect of the Services or if any adjustments, alterations or other work has been done to the Services by any person except the Company.

12.4

No claim against the Company shall be entertained in respect of any Services altered by the Company in accordance with any design or specification provided or made by the Customer.

12.5

In no circumstances, will the Company, its officers, employees or agents be liable for any direct or indirect damage that may result from the use of or inability to use the Company's mini-web.

12.6

In no circumstances will the Company its officers, employees or agents be liable directly or indirectly for any damage caused by the transmission of viruses, mistakes, omissions, interruptions, deletions of files, delays in operation or transmission, or failure of performance whether caused by, but not limited to, acts of nature, communication failure, theft, destruction or unauthorised access to the Company's records, programs or services.

12.7

In no circumstances shall the liability of the Company to the Customer under this condition exceed the amount which the Customer paid for the Services and shall not include any consequential loss including but not limited to loss of data, files, profit, and goodwill.

13.   Intellectual Property Rights

13.1

All intellectual property rights in the Services or in any document invention or information made or compiled in connection with this Contract shall be vested in the Company.

13.2

All rights in the data supplied by the Customer shall belong to the Customer.

13.3

The Customer shall promptly report to the Company any infringement of the Company's intellectual property rights which comes to the Customers attention.

13.4

The Company grants to the Customer a non-exclusive licence of the intellectual property rights in the Services for the duration of this Agreement for the purposes of use on the mini-web.

14.   Termination

14.1

The Company may at its discretion suspend or terminate the supply of Services if the Customer fails to make any payment when and as due or otherwise defaults in any of its obligations under the Contract or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or the Company bona fide believes that any of those events may occur, and in case of termination may forfeit any deposit paid.

14.2

14.3

The Company is entitled to terminate the supply of Services immediately without notice to the Customer if the mini-web is used, in the sole opinion of the Company, for any illegal or improper activity which would include, but is not limited to, the posting of Restricted Material, violations of privacy, computer hacking, and spreading computer viruses.

The Customer may at any time deactivate their mini-web but in the event of not being able to access the mini-web, the Customer may at any time require the Company to deactivate their mini-web by written notice to the Company at the address or email address at paragraph 2 above. The Company will deactivate the mini-web within 48 hours of receipt of the written notice.

15.   General

15.1

The Company may sub-contract the performance of this Contract in whole or in part.

15.2

This Agreement is personal to the Customer who may not without the Company's prior written consent assign or dispose of it, part with any interest in it, or grant any lease or licence or delegate any of the rights conferred by it.

15.3

For the avoidance of doubt nothing in this Agreement shall confer on any third party any benefit or other right to enforce any term of this Agreement.

15.4

The Company reserves the right to modify these Terms and Conditions upon email notification to the Customer and the Customer's use of the Services after such notice shall constitute acceptance by the Customer of the modifications to this Agreement.

15.5

This Agreement embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written, express or implied other than those contained in this Agreement.

15.6

None of the demands for or the acceptance of payments under this Agreement or the failure by the Company to enforce any of the terms or conditions of this Agreement at any time or for any period, will release or exonerate or in any way affect the liability of the Customer or be a waiver of those terms or conditions, or of the right of the Company at any time afterwards to enforce each and every term and condition of this Agreement, or of any penalty attached to their non-performance.

15.7

If any one or more provisions of this Agreement is found to be unenforceable or invalid, all the other provisions shall remain valid.

16.   Privacy

16.1

The Company will only use the Customer's data in accordance with the Company's privacy policy available @ http://www.mini-webs.com/home_privacy_policy.htm

17.   Confidentiality

17.1

The Customer shall not at any time whether before or after the termination of the Contract divulge or use any unpublished technical information deriving from the Company or any other confidential information in relation to the Company's affairs or business or method of carrying on business.

17.2

The Customer may not reproduce or redistribute any of the Company's software nor may the Customer de-compile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the Services.

18.   Force Majeure

18.1

The Company shall not be liable for any failure in the performance of any of its obligations under this Contract caused by factors outside its control.

19.   Law And Jurisdiction

19.1

The Contract shall be governed by English law and the Customer consents to the exclusive jurisdiction of the English courts in all matters regarding it except to the extent that the Company invokes the jurisdiction of the courts of any other country.    

20.   Notices

20.1

Any notice given under this Contract shall be in writing and may be served.

• personally ,
• by registered or recorded delivery mail,
• by email 

20.2     

Each party's address for the service of notices shall be the address set out in the confirmation of order.

20.3     

The notice shall be deemed to have been served :

• if it was served in person at the time of service,
• if it was served by post, 48 hours after it was posted.
• if it was served by email, at the time of transmission.