These Conditions shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales. In particular the Birmingham County Court or District Registry shall be the specific court of jurisdiction.
The headings in these Conditions are inserted for convenience of reference only and are not intended to be part of, or to affect the meaning, or interpretation of any of the Conditions.
If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions shall continue in full force and effect.
WEB SERVICES You shall keep secure any identification, password and other confidential information relating to your account. You shall notify Zarr immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
On reasonable notice to the Customer, Zarr shall take any and all steps it determines to be necessary to maintain the Services, which may include (without limitation) altering or suspending Services during maintenance. Zarr will try to ensure that such maintenance, alterations and suspensions to the Services occur outside of normal business hours.
In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
Provided that the Customers perform their obligations under these Conditions, Zarr represent and warrant that the Services will be provided with reasonable skill and due care. Zarr does not warrant that the operation of the Services will be uninterrupted, error-free or secure. Zarr’s sole liability for any breach of this warranty shall be to re-perform the affected Services. In the event that Zarr determines that re-performance is not commercially feasible, Zarr may terminate this Agreement and will receive payment for the work to date on a pro-rata basis. What is or is not commercially feasible shall be in the sole discretion of Zarr.
In no event will Zarr be liable for any claim or demands or damages, including without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use or inability to use the Services or any content thereof for any reason. This disclaimer applies, without limitation, to any damages or injury, whether for any breach of contract, tort or otherwise caused; any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmissions; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorised access to, alteration of, or use of any record. In no event will Zarr’s liability under these Conditions exceed the Charges for the Services.
HOSTING The Customer represents and warrants that the following content will not be stored on or linked to Zarr’s servers:
The Customer shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
While Zarr will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or mis-routing of email or for any other failure of email.
Zarr will not be held responsible for any inaccuracies or errors, delays or unobtainability arising from the site or the host for any reason whatsoever. Any problems with the site must be reported as soon as possible and will be rectified as soon as practical. No responsibility will be accepted as to any losses or problems arising from the site for any reason unless specifically agreed beforehand.
If payment is not received by Zarr for hosting by the due date on the invoice Zarr reserves the right to terminate the hosting. Hosting will only be reinstated on receipt of a £150 +VAT reactivation fee.
DOMAIN NAME RESERVATION Domain names are registered with the most suitable provider at the time. Zarr reserve the right to register and host with the most suitable company. Zarr assume no responsibility whatsoever for any problems arising from these choices, and the site owner must abide by any such terms put forward by the host.
All domain names remain the property of Zarr until the balance on the customer's account has been cleared in full.
All work carried out and company requirements remain subject to client confidentiality.
Zarr reserve the right to promote websites hosted by Zarr as part of their promotional activities.
Zarr reserve the right to alter these terms without notice, and whilst every effort is made to be accurate and up to date, errors and omissions are excluded.
SEARCH ENGINE PLACEMENT A search engine placement service is not included in any services provided by Zarr.
CUSTOMER WARRANTY The Customer shall indemnify, defend, save and hold Zarr harmless from any and all liabilities, including legal fees and costs arising out of third party claims against Zarr arising from or in any manner connected with the Customer’s use or misuse of the Services in any manner not specifically authorised by Zarr.
TERMINATION PROVISIONS Zarr reserve the right to suspend or terminate all or part of the Services with immediate effect and without notice, where there has been a breach by the Customer of these Terms and Conditions or failure to pay charges outstanding. Either party may terminate the Services with or without cause on giving 30 days written notice to the other. Termination of this agreement will be without prejudice to any accrued rights of either party.
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE TERMS AND CONDITIONS BEFORE PAYING ANY INVOICES. RECEIPT OF ANY PAYMENT, OR PAYMENT OF ANY INVOICES WILL BE DEEMED TO BE ACCEPTANCE OF THE TERMS AND CONDITIONS AND THAT YOU WISH TO BE BOUND BY THE TERMS AND CONDITIONS. IF THERE ARE ANY TERMS THAT YOU DO NOT UNDERSTAND OR DO NOT WISH TO AGREE CONTACT ZARR.
