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On this page... find details of the terms and conditions of GAP 66, the terms of use of this website and our copyright policy. Items covered include hosting payments, late payments, refunds, guarantees and responsibilities. Please read closely if you are thinking of taking advantage of one of our hosting deals.
Unless otherwise stated, this website and all of the files it comprises are covered under the Creative Commons copyright. For details of our copyright license please follow the 'Some Rights Reserved' link that can be found on every page.
This is a non-legal, human-readable summary of the copyright poilcy that covers this website. There are several points to consider if you would like to use any of our content:
Attribution means that you must attribute any copies or derivatives of the work to us. You cannot use any copies or derivatives for commercial purposes with contacting us and gaining permission. Any copies or derivative works must also contain an identical license.
The Contract: the legal document defined as the contract between the Client and the Supplier to which these Terms and Conditions relate.
The Provider: the legal entity defined as gap66 Ltd having its registered office at 30/32 North Street, Hailsham, East Sussex BN27 1DW.
The Client: the legal entity defined as the Client of the Supplier under the contract who buys or agrees to buy the products, services of the Provider
The Fees: the amount defined as the price of the Products/Services shown on the Providers Current price list. (or if applicable the price set out in the Providers Proposal).
The Service: the Services and products defined in the Providers Proposal and/or any invoices sent to the client
1.1. In consideration of the payment by the Client of the Fees, the Provider shall provide the Service during the continuance of this Agreement subject to the compliance by the Client with all the terms and obligations set out in this Agreement.
1.2. The services and facilities comprised in the Service may be altered by agreement in writing between the Provider and the Client and any application or request made by the Client to the Provider for any change in the Service must be made in writing or by electronic mail.
2.1. The term of this Agreement shall commence on the Commencement Date as stipulated on the invoice and continue for the Term set out on the invoice and shall continue thereafter from year to year unless and until terminated by either party in accordance with the terms of this Agreement.
3.1. If the Client:
3.1.1. fails to pay any Fees or related charges;
3.1.2. shall cease to carry on business or become insolvent, or have an administrator or receiver appointed or enter into liquidation or enter into any agreement with its creditors;
3.1.3. fails to fulfil any of its obligations under any part of this or any other agreement that it has with the Provider or interferes with or impairs the Service, or the Provider's ability to perform the Services;
Then the Provider may (without prejudice to any other right or remedy):
3.1.4. suspend provision of the Service until the Client shall remedy such matter but the Client shall continue to be liable for any of the charges and Fees which may accrue during such suspension; and/or
3.1.5. after giving written notice, terminate the Agreement between the Client and the Provider forthwith in which case any unused portion of the Fee will not be returned:
3.2. The Provider may terminate the Client’s access to the whole or any part of its Services at any time by providing not less than the Appropriate Written Notice Period and returning the unused portion of the Fees.
4.1. The Provider shall give instructions about use of the Service which the Provider thinks reasonable to be necessary in the interests of safety, or of concern to the quality of service to the Provider’s other Clients and any such instructions shall, whilst they are in force, be deemed to form part of this Agreement.
4.2. Subject as set out in Clause 4.2.1 the Provider shall provide the Service on a 24 hour per day basis, 7 days a week but: -
4.2.1. access to the Service may be occasionally restricted to allow repairs, maintenance and archiving in which case the Provider will use all reasonable endeavours to provide the Client with advance notice of such restriction;
4.3. The Provider shall have the right to examine the use(s) to which the Service is put by the Client and to disclose such use to third parties for legal or statutory purposes, in order to identify misuse or abuse of the Internet, or to ensure the smooth running of and identify faults in its network and the rest of the Internet;
5.1. The Client shall at all times use the Service in accordance with the Provider's instruction and shall indemnify and hold harmless the Provider from any losses incurred by reason of breach of this clause. In particular the Client shall not, nor permit any other person to, use the Service:
5.1.1. to send or receive any material which is abusive, indecent, obscene, defamatory, racist, offensive, menacing or in breach of confidence, copyright or any other rights or which contains unlawful security devices or which contravenes any laws;
5.1.2. to cause annoyance, inconvenience or needless anxiety;
5.1.3. other than in accordance with the acceptable use policies of any connected networks including the Internet;
5.1.4. to send unsolicited advertising or mailshots of any kind.
5.2. Unless otherwise specified in written agreement by the Provider the Client is responsible for backup of its own files and the Provider does not offer recovery facilities as a service to the Client.
5.3. This agreement is personal to the Client and accordingly the Client may not assign, transfer or 'sub-let' its rights under this Agreement or any part of the Service itself without the prior written consent of the Provider.
5.4. In the event that the Provider as part of the Service provides software, the Provider hereby grants a personal, non-exclusive licence for the term of this Agreement to the Client to use such software solely for the receipt of the Services under this Agreement.
5.5. Unless otherwise agreed in writing between the parties, the Client is solely responsible for its own and any third party software, programs and data, the maintenance of the same and the output there from and for ensuring that such items are (if applicable) properly licensed, including being licensed for use by the Provider if necessary.
6.1. The Client shall pay to the Provider Fees relating to the Service on the basis specified on the Providers current price list.
6.2. The Fees are refundable at the discretion of the management. This includes fees paid in advance at a discounted rate.
6.3. Fees that are paid in full within 7 days of the relevant invoice issue date are liable to a 10% Early payment discount.
6.4. Fees are exclusive of value added tax, which shall be paid by the Client unless otherwise stated.
6.5. Additional charges may be made at the Provider's current standard consultancy rates for advanced support, custom programming or configuration, or software installation.
6.6. The Provider may at its discretion charge interest on any amounts due from the Client under this Agreement which are not paid within 30 days of invoice at the rate of 8 percent above Bank of England base rate for the time being calculated from the date of the invoice to the date actual payment is received.
6.7. Cheques and direct debits returned unpaid by the Client’s bank may incur an administration charge, which in any event shall be paid by the Client.
6.8. In no event shall the Provider incur liability for Service Outage unless a written claim is made within 30 days of the Service Outage giving rise to such credit and in any event such Service Outage credit shall not exceed the corresponding monthly Fee (calculated as a percentage of any quarterly or annual contract) for the period of the Outage, and shall only be due from the period starting when the Client contacted the Provider to alert them to the problem.
6.9. The Provider reserves the right to require the Client to enhance or upgrade their bandwidth or level of service or associated cover in the event that the Service herein become inappropriate or insufficient to meet the Client’s existing or future growth requirements and which in the opinion of the Provider requires a different service more appropriate to the Client’s usage pattern or needs. The Client will be liable for the higher charges and costs associated with the upgraded service.
7.1. The Client acknowledges that:
7.1.1. The Provider has no control over the information transmitted to or from the Service and that the Provider does not ordinarily examine the use to which Clients put the Service or the nature of the information they are sending or receiving. the Provider hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.
7.1.2. The Provider shall not in any circumstances be liable under this Agreement or otherwise for any direct or indirect loss, loss of business, revenue, profits or savings; wasted expenditure; corruption or destruction of data; or for any indirect or consequential loss whatever whether arising from negligence, breach of contract or otherwise.
7.1.3. In any event the Provider’s liability in contract, tort or otherwise (including negligence) howsoever arising out of or in connection with this Agreement shall in respect of any one or more incidents not exceed the total Fees received by the Provider in the calendar year in which the incident occurs
7.1.4. In the event of any part of this Agreement being held inapplicable or unreasonable, the remainder of the Agreement shall remain in full force and any clause held inapplicable or unreasonable shall be enforced to the fullest extent possible.
7.1.5. The Client shall indemnify the Provider against any claims, legal proceeding and expenses (including legal fees), arising from the Client’s use of the Service that are brought or threatened against the Provider by another person or company.
7.1.6. Any written document shall be deemed to be given or served by the Provider on the day following that on which it is emailed to the Client’s Internet electronic mail account, or posted to, or left at, the address given by the Client for receiving bills.
8.1. Neither the Provider nor the Client shall be liable for any breach of this Agreement caused or substantially contributed to by Force Majeure.
9.1. These General Terms and Conditions are subject to the laws of England
9.2. The Client acknowledges that, in entering into this Agreement, it does not rely on any representation (other than any fraudulent misrepresentation), warranty or other provision except as expressly provided in this Agreement, and accordingly all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
9.3. The Client hereby agrees that the Provider may refer to the Client, by company or trading name, and to the existence of this Agreement in any marketing or promotional materials.
10.1. The Provider may modify the Agreement where it is required to do so, by notifying the Client in writing and giving 30 days notice where possible. This would include, but not be limited to, where changes to the law, rules applied by Internet authorities and collaborative Internet bodies require the Provider to modify its procedures, policies or services.
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