1. Definitions
"Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by Tringlish
"Contract" means any contract for the sale and purchase of the Services
"Client" means the person firm or company who buys or agrees to buy services from Tringlish
"Gb" means gigabyte
"MB" means megabyte
"Services" means the services to be provided by Tringlish to the Client
"Price" means the price of the Services
"Tringlish" means Tringlish Limited (registered in England )
2. Conditions Applicable
2.1 These Conditions shall apply to contracts for the supply of services by Tringlish to the Client to the exclusion of all other terms and conditions including any terms and conditions which the Client may purport to apply under any purchase order confirmation or similar document
2.2 All orders for Services shall be deemed to be an offer by the Client to purchase the Services pursuant to these Conditions.
2.3 Any variation of the Conditions (including special terms and conditions agreed between Tringlish and the Client) shall not be applicable unless agreed in writing by Tringlish.
3. Duration
The Contract shall commence on the date specified in the order form and shall continue in force for a period of one year and thereafter unless or until terminated by either party giving the other not less than one months prior written notice
4. The Client's obligations
4.1 The Client shall not use the Services to send or receive any material which is obscene offensive blasphemous defamatory abusive indecent menacing harassing illegal in breach of copyright or a third party's intellectual property rights in breach of confidence or privacy or in breach of any other rights or use the Services to cause annoyance inconvenience or needless anxiety or to send unsolicited junk mail
4.2 The Client shall indemnify and keep indemnified Tringlish against any action claim proceedings damages costs expenses or other liabilities suffered or incurred by Tringlish arising directly or indirectly out of or in respect of a breach by the Client of Condition 4.1
5. Price
5.1 The price for the Services is exclusive of VAT, which shall be due at the rate ruling on the date of Tringlish's invoice.
5.2 Payment of the Price and VAT will be due within 14 days of the date of the invoice and every anniversary thereafter by cheque made payable to Tringlish Communications or by BACS. Time for payment shall be of the essence.
5.3 If the Client fails to make any payment on the due date and without prejudice to any of Tringlish's other rights Tringlish may suspend or cancel performance of any services due to the Client.
6. Capacity
In the event that the capacity expressed in MB available to the Client as set out in the order form is exceeded then Tringlish reserves the right to charge the Client £50 + VAT for every 100 mb/month traffic by which the capacity used exceeds the capacity stipulated in the order form.
7. Termination
7.1 Either party may terminate the Contract by written notice forthwith if:-
(a) the other party commits a material breach of any of its obligations under the Contract or these Conditions (and in the case of a breach capable of being remedied) fails within fourteen days after receipt of a request in writing from the other party to remedy the breach;
(b) either party has a receiver appointed over the whole or part of its assets
(c) the web hosting is subject to availability, i.e. lease lines, web servers
7.2 The Contract may be terminated forthwith by Tringlish without notice to the Client in the event that the Client is in breach of Condition 4.1
7.3 Tringlish reserves the right to terminate the Contract forthwith on notice to the Client if the Client's website uses bandwidth in excess of 350MB per month or if the Client's website uses a script which Tringlish considers in its absolute discretion may compromise or detrimentally effect the functionality or integrity of Tringlish's servers and systems.
8. Limitation of Liability
8.1 Tringlish's liability to the Client in respect of the Services shall be limited as follows:-
(a) Tringlish shall not be liable for loss of profits business revenue goodwill or any indirect or consequential loss or damage whatsoever suffered by the Client;
(b) Tringlish's entire liability to the Client shall be limited to damages;
(c) Tringlish shall not be liable for any loss damage cost or expenses to the extent arising as a result of any action taken at the request or direction of the Client;
(d) Tringlish shall be not liable for any loss damages cost or expenses to the extent arising as a result of any failure of the Client to perform its obligations under the Contract
8.2 Nothing in this Condition 8.1 shall exclude or limit Tringlish's liability for personal injury or death arising from Tringlish's negligence
8.3 No forbearance delay or indulgence by Tringlish in enforcing the provisions of the Contract shall prejudice or restrict the rights of Tringlish nor shall any waiver of its rights operate as a waiver of any subsequent breach and any right power or remedy herein conferred upon or reserved for Tringlish is exclusive of any other right power or remedy available to Tringlish and each of its rights powers or remedies shall be cumulative
8.4 On or before completion of the Contract the Client will be provided with a host name user name and password by Tringlish. It shall be the clients responsibility to ensure that these are kept safe and secure and not disclosed to any person firm or company without the prior written consent of Tringlish which shall not be unreasonably withheld or delayed
8.5 It shall be the Client's responsibility to ensure that any files or data generated by any website hosted by Tringlish on behalf of the Client as part of the Services is retrieved for back up purposes and properly backed up.
9. Force majeure
Tringlish shall not be under any liability to the Client in any way whatsoever for any failure to perform any of its obligations under the Contract as a result directly or indirectly of war rebellion civil commotion strike lock-out and industrial dispute fire explosion earthquake acts of God flood drought or bad weather electricity or other power failure system failure or the requisitioning or other act or order by any government department council or other constitutional body.
10. Entire agreement
The Contract and these Conditions constitutes the entire agreement between the parties. No variation of the Contract or these Conditions shall be binding upon the parties unless made in writing and signed by a duly authorised representative of each party.
11. Assignment and sub-contracting
The Client shall not assign sub-contract or otherwise transfer the Contract or any of its rights and obligations under the Contract whether in whole or in part without the prior written consent of Tringlish.
12. Notice
12.1 Any notice given under the Contract shall be given by prepaid first class post to the address stated in the Contract or such other address as the party shall notify the other party as its address for service in England. Service of notice may also be effected by delivery by hand to such address or by a facsimile transmission or electronic mail to such facsimile number or electronic address as the party shall notify the other party in writing in accordance with this Condition
12.2 Notices given by first class post shall be deemed served on the next working day after posting. Notices served by hand shall be deemed served on delivery provided served between 9.00 am and 5.00 pm on a working day failing which it shall be deemed to have been served at 9.00 am on the next working day. Any notice sent by facsimile transmission or electronic mail shall be deemed to have been sent on the date of transmission.
13. Interest
If the Client defaults in the payment when due of any sum payable under the Contract then interest shall accrue and be payable in respect of such sums as are outstanding from the date when such payment is due until the date of actual payment (as well after as before judgment) at a rate of 5% above the base rate from time to time of Barclays Bank PLC.
14. Invalidity and unenforceability
In the event of any part of the Contract or any of these Conditions becoming or being declared invalid or unenforceable such party shall cease to have effect but all other parts of the Contract and/or the Conditions shall remain in full force and effect.
15. No partnership
The Contract shall not constitute a partnership or agency agreement between Tringlish and the Client and neither party shall have the ability to bind the other by contract or otherwise.
16. Transfer a domain name
If you are except to the charity hosting and you have to transfer your domain name to us. We have a one off admin
charge of £25 + VAT. Your domain name must be trasnfered
for the hosting to be set up, we do not except pointing, the
domain name has to be on our domain name servers.
17. Emails
All email forwarding and POP3 accounts are charged at commercial rates. These services are not free, please.
18. Law
The Contract and these Conditions shall be governed by and construed in every respect in accordance with the laws of England. Any dispute which may arise between the parties concerning the Contract or these Conditions shall be determined by the English courts and the Client hereby submits to the exclusive jurisdiction of the England courts for such purposes
