Terms and conditions.
Please ensure that you read and understand the terms and conditions
that apply to your website which has been or will be provided under the AFO Web Lease
service.
Definitions:
AFO Web Lease, All Finance Online and WebOriel shall be referred
to in these terms as “AFO”
You, The Customer or Client shall be referred to as “the
Client”
The website and associated email services provided by AFO to be referred to
as “the website”.
Initial Cost: There will be no initial cost for the provision of
web site services by AFO to the client, except for any Photographic or Graphical
design services that the Client may require in order for the website. The client
is free to arrange their own provision pf photographic service and graphic design
or the client can provide marketing, publicity or other material that can be used
in the design.
Copyright: The client warrants that all graphical design and photographs
that they provide for use in the design of a website by AFO are free of any copyright
and that copyright for use of any photographs, graphical design and text is passed
to the website provided by AFO.
Offensive Material: No material of a highly offensive
nature will be permitted to be included in any website provided by AFO. This shall
include content deemed as offensive by way of religious, racial or sexual sensitivities.
The choice to exclude specific content lies solely with AFO. However, this is not
intended as a ban on the sale of underwear, religious artefacts or services, but
at a restriction on the promotion of pornographic content or material likely to inflame
religious or racial intolerance.
Offensive Emails. The use of emails provided via
the AFO service shall exclude content as above. The abuse of the email facility to
include offensive material will result in the removal of the email facility from
the website service, but shall not result in a reduction of cost or the liability
for the client to pay for the website services
Spam Emails: “Spam” emails using the
AFO system are prohibited. The abuse of the email facility to send “Spam” emails
will result in the removal of the email facility from the website service, but shall
not result in a reduction of cost or the liability for the client to pay for the
website services.
All AFO services provided under the AFO Web Lease scheme shall be
over an agreed term with regular payments made on a monthly basis by standing order
or direct debit over the term of the agreement. This should be viewed in a similar
way as a lease on a vehicle or industrial equipment.
Primary Agreement Term: AFO
agreements will include a “Primary Agreement Term” which may run for One, Two or
Three years depending on the website service chosen. At the end of the Primary Agreement
Term, the client will have the choice of terminating the agreement with no penalty,
upgrading the website with a new agreement or continuing with a Secondary Agreement
Term.
Secondary Agreement Term: at the end of the Primary Agreement Term, the client
can chose to continue with the same website and same service for a secondary term.
The costs of this will reflect the hosting, maintenance and any updating, but will
not include the original design and set up costs which will already have been covered
during the Primary Agreement Term. The client may subsequently cancel the Secondary
Agreement Term at any time without penalty.
VAT at the prevailing rate will be chargeable
on all AFO services and may be reclaimed by all VAT registered companies where they
would normally be able to do so.
In the event that the client wishes to upgrade their
AFO website, they may do so at any time and the existing agreement will be substituted
with a new agreement.
Early Termination: In the event that the client wishes to cancel
their AFO website, they may do so at any time provided that they have paid 75% of
the total payable under any agreement. Alternatively, they will be required to pay
the balance of 75% of the agreement on cancellation.
Non-
Jurisdiction: The Client and AFO agree that all conditions of the agreement
are subject to the laws of England and Wales and that in the event of any dispute,
the client agrees that any claims will be heard before the Brecknock County Court
or any other such court as shall be nominated by AFO. The client agrees to waive
any rights that they would otherwise have to transfer a hearing to a court or jurisdiction
not previously agreed in writing with AFO.
Insolvency or Bankruptcy of the Client:
In the event that the client ceases to trade, ceases to operate, becomes insolvent,
becomes bankrupt or has a receiver appointed, the agreement shall be terminated.
And the balance of any agreement shall become immediately payable. However, should
the Receiver or Trustee in Bankruptcy agree to take on the liability, the agreement
can continue, provided all monthly payments are made on time.
Change of ownership
of the Client: In the event that the client changes ownership, the agreement can
be assigned to the new owners, provided that the new owners accept full liability
for the agreement.
Change of Ownership of AFO. AFO reserve the right to transfer the
ownership and benefits of any agreement with the client to any other such company,
business or new owners as AFO see fit and that the agreements should continue under
the same terms as they would otherwise have continued.
Ownership of the website and
site content. Ownership of the Website is vested with AFO and shall remain with them.
AFO
shall not be liable for any consequential loss to the client as a result of “Downtime”
of the website in the event of the failure of servers or telecommunications equipment.
However, AFO will provide a free (unpaid, 24 hours) days extension at the end of
the agreement for every 6 continuous hours that the Website is unavailable for. The
Client will need to notify AFO of any unavailability of the website by email (