Terms & Conditions
Last updated on 12 March, 2009
Please read carefully the following Terms and Conditions. They apply to the mdssolutions.co.uk website, or any website developed by MDS Solutions and, by accessing or purchasing any of our websites, you are agreeing to abide and be bound by such Terms and Conditions. Click on the links below to access sections of this document:
- Acceptable Use Policy
- Cancellation Rights
- Email Policy
- Our Liability
- Software and Security
- Changes to these Terms and Conditions
- Advertising and Sponsorship
- Competitions, Prize Draw, and Chargeable Content
- Website Design
- Domain Names
- Choice of Law and Jurisdiction
- Information Management
In these Terms and Conditions the following terms shall have the meanings set out below: "Electronic Device" means a computer, mobile phone, WAP phone, personal digital assistant, or other electronic device capable of accessing our websites; "Micro Site" means any page on a website; "We", "Our" or "Us" mean MDS Solutions. "You" means the client or the person responsible for the purchased website.
Acceptable Use Policy
You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others. All material on our website and any material sent to us by e-mail or any other form from our websites (the "content") or in any way relating to our websites belongs to our licensors or us. You may retrieve and display content from our websites on the Electronic Device on which you first accessed it or downloaded it, print a single copy of individual pages on paper and store such pages for caching purposes only, all for your personal and non-commercial use alone. We, or our licensors, own the copyright and all other intellectual property rights associated with the content, save where otherwise stated. You may not do any of the following without prior written permission from us: reproduce the content (other than allowed under this Acceptable Use Policy), or modify or in any way commercially exploit any of the content; redistribute any of the content (including using it as part of any library, archive or similar service); remove the copyright or trade mark notice(s) from any copies of content made in accordance with these Terms and Conditions; create a database in electronic or structured manual form by systematically downloading and storing all and any of the content. Requests to republish, redistribute or syndicate content should be addressed to us via our contact page. You acknowledge that we own the Trade Marks and that you may not use any of them without our prior written permission. Other product and company names and logos mentioned or displayed in our websites may be the trade marks, service marks or trading names of third parties. To check whether any product or service is a registered trade mark of ours please contact us via our contact page. In accessing our websites, or any one of them, you agree not to: impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications; modify, access or make available data stored on a computer device which you have accessed through our network (unless otherwise permitted by the website or these Terms and Conditions); make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (eg names/addresses) without their prior consent; damage, interfere with or disrupt access to our websites or do anything which may interrupt or impair their functionality; make any commercial or business use of our websites or resell or commercially benefit from any part or aspect of our websites; publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information; threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others; make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms" or any other harmful software; falsify the true ownership of software or other material or information contained in files made available via our websites; obtain or attempt to obtain unauthorised access, through whatever means, to the websites, other services or computer systems or areas of our or any of our partners' networks; set up links from any website controlled by you to any Micro Site, except to the home page of a particular website, without our express written permission. We retain the absolute right to prevent you from accessing our websites, without prejudice to any of our accrued rights, where we in our reasonable discretion consider that you are contravening our Acceptable Use Policy or any other term or condition of these Terms and Conditions, and we have informed you of your contravention or breach. Any website purchased from us will be subject to an acceptable and reasonable limit in terms of data storage and bandwidth. We will inform you if you are approaching any of these levels and will request that usage is reduced. Failure to do so may result in the termination of your contract, however, we will always try to reach an acceptable agreement with you and at our discretion may refund in part or full any monies paid to us if an agreement cannot be reached.
Where any of our websites require that you register in order to use them, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate. Registration is for a single user only. On registration, where required you must choose a user name and password. We do not allow any of the following: any other person sharing your user name and password or pin number; access through a single user name and password or pin number being made available to multiple users on a network. We will not be liable for any unauthorised transactions made using your user name, pin number or password. When you register to use a website, you will on the premise that you have read, understood and accepted these Terms and Conditions. By registering you indicate your acceptance of these Terms and Conditions and any other terms and conditions that may apply.
It is your responsibility to ensure that your use of our websites is not contrary to the laws of your country of residence.
If you have purchased any service from our website, you will be bound by the length of the contract for that service (with the exception of a 7 day cooling off period in which will we be happy to issue a full refund). Your cancellation rights in respect to any goods or services offered by a third party will be subject to the terms and conditions of that third party.
Where any goods or services offered via our websites requires payment: It is your responsibility to ensure that your Electronic Device has the necessary technical specification to receive or use any content purchased from the websites. All amounts payable must be paid in full in pounds sterling (unless otherwise indicated) without any deductions or set offs. If any payment is not paid on time, your payment is rejected or refused or you default in payment, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the relevant service to you until payment has been received. You must be the bill payer of the particular method of payment that you use to pay for any service, or alternatively you must get the prior permission of the bill payer. We are not responsible for any additional payments set by third parties.
We reserve the right to take such action as we in our sole discretion deem fit in respect of any electronic mail ("e-mail") which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. Unless you indicate to the contrary, all e-mails received by us from you are deemed to have been submitted, where appropriate, for publication, free of charge. If we decide to publish an e-mail from you on any of our websites we will incur no liability to you by doing so. We will not disclose any personal information under any circumstances of any of our staff. Where appropriate we will endeavour to respond to e-mails within 3 days of receipt, but give no warranty that we will respond to any e-mail sent to us. We will not be responsible for the loss of any email accounts or their contents that are created by us, for you.
You agree that we have no control over third party content and information which can be accessed using our websites and that we do not examine or edit the use to which you or others put our websites or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such third party content or information. This applies to advertisements as well as websites offering goods or service. We will also not be liable to you for any damages in excess of £50, or if higher, the amount of any fees you have paid us for access to the websites. We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where: (i) we are not at fault for the errors or inaccuracies; or (ii) the loss or damage is not foreseeable to both of us at the time of your initial acceptance of these Terms and Conditions; or (iii) the loss or damage is a business loss or the losses were caused in the course of business, including losses relating to lost data, lost profits or business interruption. We cannot and do not accept any responsibility for the computer equipment and telephone services which you use to access our websites, or for the security of the same. You will be responsible for the security of your own computer system, and the transfer of any information from your computer system. We also cannot and do not accept responsibility for the loss or corruption of any material in transit, or the loss of or corruption of any material when downloaded onto any computer systems. Where we are liable to you for any loss or damages, we will not be liable for any increase in loss or damage resulting from a breach by you of any term of these Terms and Conditions. We reserve the right to remove any information/material we deem to be in breach of any of these Terms and Conditions without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations. Any goods or services purchased or obtained or offered to you through use of our websites, whether accessed directly or otherwise, are provided subject to the terms and conditions of the supplier of those goods or services. As such, unless otherwise stated, we make no warranty whatsoever in relation to those goods or services. We provide our websites on an "as is" basis and make no representations or warranties of any kind as to our websites or the content. We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the websites. Any liability, however it occurs, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, our websites and/or a breach of the Acceptable Use Policy and/or any of these Terms and Conditions.
Software and Security
Whilst every endeavor will be made to ensure that any of our websites, scripts, programs or designs are free of errors, we are not responsible for any technical or security issues that may arise from your usage of our software and as such we cannot accept responsibility for any losses incurred due to these errors or issues.
Changes to These Terms and Conditions
We reserve the right to make changes to any part of our websites. Due to our policy of updating and improving our websites, it may therefore be necessary to change these Terms and Conditions. If we do change the terms of these Terms and Conditions, we will update the date at the top of this page. If you use any of our websites after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by them, you should not use our websites.
Advertising and Sponsorship
Our websites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the websites complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material. We reserve the right to include advertising and sponsor details in any of the software we provide to you. Your default administration email address will be registered with our email list; You can however unsubscribe from this list at any time by following the instructions in any email we send to you.
Competitions, Prize Draw, and Chargeable Content
We may from time to time run competitions, free prize draws and/or other promotions on our websites and may offer content the access to and use of which, incurs a charge. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
We may terminate the provision of any of our websites or restrict your access to them without any prior notice to you where (by way of example and without limitation): there is a regulatory or statutory change limiting our ability to provide a website; any event beyond our reasonable control prevents us from continuing to provide a website (for example, without limitation, technical difficulties, capacity problems and communications failures); or we consider in our reasonable discretion that you are abusing the services provided by a website or are otherwise acting in breach of these Terms and Conditions and we have notified you of the abuse or breach.
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, our websites. By submitting, posting or displaying the content you give us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, our websites. Any initial website design will be undertaken by us and we reserve the rights, copyrights and trademarks to these designs. Whilst payment terms are offered with discounts for varying lengths, any sign up will be constitute acceptance of a minimum 12 month term.
Any domain name you provide on the purchase of a website will be bought and registered to MDS Solutions. If the domain name is not available, we will inform you and ask you to choose another one. If an acceptable domain name cannot be found, we will issue you a refund of any monies paid to us by you. We reserve the right to charge an adminsitration fee for the release or transfer of any our our registered domain names.
Your dealings with any third parties, in particular advertisers and/or merchants, via our websites, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third party. You agree that we are not liable for such dealings, and that you will be liable for any costs or damages that we incur in relation to such dealings.
Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms and Conditions. We shall retain the right to bring proceedings as to the substance of the matter in any court or courts including, if appropriate, in the courts of your country of residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of your principal place of business.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions without our agreement, which will not be refused without good reason. If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these Terms and Conditions, this will not be taken to mean that they have been waived.
We are not responsible for any data included on any website barring mdssolutions.co.uk. Any data on your or other clients website is the responsibility of the website owner or the person who purchased the website from us. This also means that it is your responsibility to back up anything included on your website as we will not be held responsible for any loss of data even if the loss was our fault.
If you have any queries concerning any part of these Terms and Conditions please contact us via our contact page.
We will use any personal data collected during your use of our websites in accordance with current UK data protection legislation and the data protection notice we provide to you when you give us your personal information.