| 1. |
You the Client should ensure that for any material you wish to publish on the Internet you either own the copyright or have the copyright holder's permission for its use. CoralCaves reserves copyright for the overall design, source code and images created for clients' web sites.
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| 2. |
CoralCaves grants you the Client, permission for the sole use of any commissioned work on the Internet, at the URL(s) specified, provided that the Web Space is maintained by CoralCaves.
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| 3. |
CoralCaves reserves the right to include the CoralCaves name, and hypertext links to it's own web site(s) and/or E-mail accounts on any pages designed or maintained for the Client.
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| 4. |
CoralCaves will provide web site services with reasonable skill and care, but it is technically impracticable to provide a guaranteed fault-free service. However, CoralCaves will use best efforts to repair any reported faults as soon as it reasonably can. Where CoralCaves is requested to act on your behalf for technical support issues with your ISP(s) an Internet Consultancy fee may be charged.
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| 5. |
CoralCaves will use reasonable endeavours to provide the web site services by any date agreed with you the Client, but all dates are estimates and CoralCaves has no liability for any failure to meet any date.
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| 6. |
You the client grant CoralCaves access to appropriate user names and passwords required to undertake the specified web site services as an authorised user. CoralCaves will take reasonable measures to ensure any Client's user names and passwords are kept confidential, secure, used properly and not disclosed to unauthorised people.
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| 7. |
If CoralCaves is unable to perform any obligation under this contract because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving CoralCaves employees), or acts of local or central Government or other competent authorities, or events beyond the reasonable control of its suppliers and/or affiliates, CoralCaves will have no liability for the failure to perform.
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| 8. |
You the Client agree to indemnify, and to hold CoralCaves harmless from and against, any claim brought by a third party resulting from the use of the web site being maintained for the Customer and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred by CoralCaves in consequence of you the client's breach or non-observance of the Contract.
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| 9. |
Requested updates and amendments to be made outside the level of any prepaid service agreed be charged at agreed rates. Amendments required to web pages will be agreed prior to publication, and once published, further alteration(s) may be chargeable if not within scope of the agreed service level.
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| 10. |
The terms 'amendment' and 'update' cover alteration of existing web page content only, i.e. alteration of page layout; replacement of existing content - e.g. graphic/photograph or text. Unless specified above, the term 'amendment' does NOT cover new additions to your web site, i.e. new web pages, or 3rd party services such as guest books. Any such new additions to the web site may be subject to a fee to be agreed at that time.
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| 11. |
CoralCaves cannot guarantee search engine listings, search engine ranking placements, or ranking positions. Network conditions on the Internet will vary at the time of submission and/or at the time when a search engine visits and indexes the URL(s). This can cause high failure rates for web site submissions.
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| 12. |
Search Engine submissions need to be carefully managed, as over submission to an engine or directory can be classed as "spam", resulting in the URL(s) being 'black-listed' and subsequently being removed from listings. CoralCaves ensures that search engine submission 'rules' are not broken when submitting sites. Clients submitting their URL(s) to search engines personally, do so at their own risk.
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| 13. |
CoralCaves can change the Conditions of this Contract at any time on 28 days' notice to the Client.
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| 14. |
Upon termination (for whatever reason), CoralCaves may reallocate any user names, aliases or affiliate accounts associated with the terminated service.
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| 15. |
This Contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.
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| 16. |
Notices given under this Contract may be delivered on-line or by e-mail. Additionally, CoralCaves may publish notices to the Customer via the CoralCaves Website; notices will be deemed effective on the date of publication, or otherwise as notified to the Client by CoralCaves. A notice from CoralCaves which is sent by E-mail to the Client's E-mail address will be deemed effective 7 days after the date it is sent. A notice from the Client to CoralCaves will be deemed effective when received by CoralCaves at the E-mail address notified by CoralCaves to the Client.
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| 17. |
Any personal information, which is collected by CoralCaves, will be used only in accordance with current data protection legislation. Further to this CoralCaves will not pass data relating to the client to any third party unless summoned to do so by an English court of law.
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| 18. |
The law of England and Wales governs this Contract, and the Client submits to the exclusive jurisdiction of the Courts of England and Wales.
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