1.
General.
1.1 This Agreement governs your use of the Choices
Wild (UK) Ltd online information service (the "Service"),
including any interactive areas (the "Interactive
Areas"), which may be operated by Choices Wild
(UK) Ltd ("Choices Wild (UK) Ltd"). In addition
to the agreement set forth below, terms and conditions
of use applicable to specific areas of the Service
may also be posted in such areas and, together with
this agreement, govern your use of those areas. This
agreement together with any such additional terms
and conditions, are referred to as the "Agreement."
1.2 Choices Wild (UK) Ltd reserves the right, in its
discretion, to change or modify all or any part of
this Agreement at any time, effective immediately
upon notice published on the Service. Your continued
use of the Service constitutes your binding acceptance
of these terms and conditions, including any changes
or modifications made by Choices Wild (UK) Ltd as
permitted above. If at any time the terms and conditions
of this Agreement are no longer acceptable to you,
you should immediately cease all use of the Service
and any Interactive Areas.
2. Use of Content.
2.1 You acknowledge that the Service contains information,
photographs, graphics, and other material (collectively,
the "Content") that are protected by copyright,
trademark or other proprietary rights of Choices Wild
(UK) Ltd or third parties. All Content on the Service
is copyrighted as a collective work of Choices Wild
(UK) Ltd pursuant to applicable copyright law. You
agree to comply with any additional copyright notices,
information, or restrictions contained in any Content
available on or accessed through the Service. Users
of the Service may use the Content only for their
personal, noncommercial use.
2.2 You may not modify, publish, transmit, transfer
or sell, reproduce, create derivative works from,
distribute, perform, display, or in any way exploit
any of the Content, in whole or in part, except as
otherwise expressly permitted in this Agreement. You
may post on the Service any Content owned by you (such
as your original statements, etc.), Content for which
you have received express permission from the owner
and Content in the public domain. You assume all risk
and responsibility for determining whether any Content
is in the public domain. You grant to Choices Wild
(UK) Ltd the right to edit, copy, publish, distribute,
translate and otherwise use in any medium and for
any purpose any Content that you place on the Service.
You represent and warrant that you are authorized
to grant all rights given in the preceding sentence.
2.3 You may download or copy the Content only for
your own personal use, provided that you maintain
all copyright and other notices contained in such
Content. You shall not store electronically any significant
portion of any Content. Except as expressly permitted
by the copyright laws, no copying, storage, redistribution
or publication of any Content is permitted without
the express permission of Choices Wild (UK) Ltd or
the owners of such Content or their authorized persons,
if other than Choices Wild (UK) Ltd
3. Rules of Conduct.
You shall not post on the Service any Content which
(a) is libelous, defamatory, obscene, pornographic,
abusive, harassing or threatening, (b) contains
viruses or other contaminating or destructive features,
(c) violates the rights of others, such as Content
which infringes any copyright, trademark, patent,
trade secret or violates any right of privacy or
publicity, or (d) otherwise violates any applicable
law. You may not post on the Service any links to
any External Sites (defined in section 5.2) that
are obscene or pornographic. You shall not use the
Service for any commercial purpose, to distribute
any advertising or solicitation of funds or goods
and services or to solicit users to join or use
competitive online services, unless otherwise specified.
4. Managing Content.
Choices Wild (UK) Ltd does not and cannot review
the Content posted by users on the Service or posted
by web sites linked to from Choices Wild (UK) Ltd
and is not responsible for such Content. However,
Choices Wild (UK) Ltd reserves the right to delete,
move or edit any Content or web sites (including
Content posted in any Interactive Area) that comes
to the attention of Choices Wild (UK) Ltd which
it determines, in its sole discretion, violates
this Agreement or is otherwise unacceptable. You
shall remain solely responsible for all Content
posted by you. Choices Wild (UK) Ltd shall have
the right, but not the obligation, to correct any
errors or omissions in any Content, as it may determine
in its sole discretion.
5. No Endorsement.
5.1 Choices Wild (UK) Ltd does not represent or
endorse the accuracy or reliability of any Content
posted on any Interactive Area and you acknowledge
that any reliance upon such Content shall be at
your sole risk. Any Content placed on any Interactive
Area by users are the views of the user posting
the statement, and do not necessarily represent
the views of Choices Wild (UK) Ltd
5.2 The Service may contain links to sites on the
Internet which are owned and operated by third parties
(the "External Sites"). You acknowledge
that Choices Wild (UK) Ltd is not responsible for
the availability of, or the content located on or
through, any External Site. You should contact the
site administrator or Webmaster for those External
Sites if you have any concerns regarding such links
or the content located on such External Sites.
6. Indemnity.
You agree to indemnify, defend and hold Choices
Wild (UK) Ltd, its affiliates, and their respective
officers, directors, owners, agents, information
providers and licensors (collectively, the "Choices
Wild (UK) Ltd Parties") harmless from and against
any and all liability, losses, costs and expenses
(including attorneys' fees) incurred by any Choices
Wild (UK) Ltd Party in connection with any claim
arising out of any use or alleged use of your password
or online persona by any person, whether or not
authorized by you. Choices Wild (UK) Ltd reserves
the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject
to indemnification by you, and in such case, you
agree to cooperate with Choices Wild (UK) Ltd's
defense of such claim.
7. Termination of Service.
Choices Wild (UK) Ltd reserves the right, in its
sole discretion, to restrict, suspend or terminate
your access to all or any part of the Service at
any time for any reason without prior notice or
liability. Choices Wild (UK) Ltd may change, suspend
or discontinue all or any aspect of the Service
at any time, including the availability of any feature,
database, or content (including the Interactive
Areas), without prior notice or liability.
EXPLANATION & TERMS:
By placing an order with Choices Wild (UK) Ltd,
you confirm that you are in agreement with and bound
by the terms and conditions below.
Definitions:
The Client : The company or individual requesting
the services of Choices Wild (UK) Ltd.
Choices Wild (UK) Ltd: Primary designer/site owner & employees
or affiliates.
General
Choices Wild (UK) Ltd will carry out work only where
an agreement is provided either by email, telephone,
mail or fax. Choices Wild (UK) Ltd will carry out
work only for clients who are 18 years of age or
above. An 'order' is deemed to be a written or verbal
contract between Choices Wild (UK) Ltd and the client,
this includes telephone and email agreements.
Website Design
Whilst every endeavor will be made to ensure that
the website and any scripts or programs are free
of errors, Choices Wild (UK) Ltd cannot accept responsibility
for any losses incurred due to malfunction, the
website or any part of it.
The website, graphics and any programming code
remain the property of Choices Wild (UK) Ltd until
all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless
specifically agreed) written by Choices Wild (UK) Ltd remain
the copyright of Choices Wild (UK) Ltd and may only be commercially
reproduced or resold with the permission of Choices Wild (UK)
Ltd.
Choices Wild (UK) Ltd cannot take responsibility for any copyright
infringements caused by materials submitted by the client.
We reserve the right to refuse any material of a copyrighted
nature unless adequate proof is given of permission to use
such material.
Any additions to the brief will be carried out at the discretion
of Choices Wild (UK) Ltd and where no charge is made by Choices
Wild (UK) Ltd for such additions, Choices Wild (UK) Ltd accept
no responsibility to ensure such additions are error free and
reserve the right to charge an according amount for any correction
to these or further additions.
The client agrees to make available as soon as is reasonably
possible to Choices Wild (UK) Ltd all materials required to
complete the site to the agreed standard and within the set
deadline.
Choices Wild (UK) Ltd will not be liable for costs incurred,
compensation or loss of earnings due to the failure to meet
agreed deadlines.
Choices Wild (UK) Ltd will not be liable or become
involved in any disputes between the site owner
and their clients and cannot be held responsible
for any wrongdoing on the part of a site owner.
Choices Wild (UK) Ltd will not be liable for any
costs incurred, compensation or loss of earnings
due to the work carried out on behalf of the client
or any of the clients appointed agents.
Choices Wild (UK) Ltd will not be liable for any costs incurred,
compensation or loss of earnings due to the unavailability
of the site, its servers, software or any material provided
by its agents.
A deposit of 50% is required with any project before any design
work will be carried out.
Once a website has been designed and completed
the final balance of payment is then due in accordance
with our payment terms. There are no exceptions
to this, i.e If the client decides they no longer
want the site, as they have commissioned the work
and paid a deposit they are still obliged to pay
for the work that has been done. Non payment will
result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Choices Wild (UK) Ltd cannot take responsibility
for any losses incurred by the use of any software
created for the client. Whilst every care has been
taken to ensure products are problem free and accurate,
the ultimate responsibility lies with the client
in ensuring that all software is functioning correctly
before use.
Any scripts, cgi applications or software (unless
specifically agreed) written by Choices Wild (UK)
Ltd remain the copyright of Choices Wild (UK) Ltd
and may only be commercially reproduced or resold
with the permission of Choices Wild (UK) Ltd.
Where applications or sites are developed on servers
not recommended by Choices Wild (UK) Ltd, the client
is expected to provide or seek any information,additional
software,support or co-operation pertaining to the
server required in order for the application to
be correctly developed. Where large applications
are to be developed, it is the clients responsibility
to provide a suitable testing environment which
is identical to the final production environment.
The client is expected to test fully any application
or programming relating to a site developed by Choices
Wild (UK) Ltd before being made generally available
for use. Where "bugs", errors or other
issues are found after the site is live, Choices
Wild (UK) Ltd will endeavor (but is not obliged
to) to correct these issues to meet the standards
of function outlined in the brief
Compatibility
Choices Wild (UK) Ltd will endeavor to ensure that
any developed/designed site or application will
function correctly on the server it is initially
installed in and that it will function correctly
when viewed with the web browsing software Microsoft
Internet Explorer Version 6 and to an acceptable
level with Mozilla browsers. Choices Wild (UK) Ltd
can offer no guarantees of correct function with
all browser software.
Choices Wild (UK)
Ltd reserve the right to refuse to handle in any way, material
which may be deemed offensive, illegal or in any way controversial,
and also to terminate the free hosting service should the
necessity arise
.Payment of Accounts
A deposit may be
required from a new client before any work is carried out.
It is the Choices Wild (UK) Ltd policy that any outstanding
accounts for work carried out by Choices Wild (UK) Ltd or
its affiliates are required to be paid in full upon completion
of the Web Design Project unless by prior arrangement with
Choices Wild (UK) Ltd.
Once a deposit is paid and work completed you are
obliged to pay the balance of payment in full. We
will contact clients via email and telephone to
remind them of such payments if they are not received
when due.
If accounts are not settled or Choices Wild (UK)
Ltd have not been contacted regarding the delay,
access to the related website may be denied and
web pages removed, we will then pass such cases
to the Law Court, where non payment will result
in court judgements being added to the clients credit
rating.
Following consistent non payment of an invoice our Solicitors
will contact the client in question, with a view to taking
the matter further and if need be to seek payment through legal
procedures, and if necessary court summons.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER Choices
Wild (UK) Ltd NOR ANY PROVIDER OF THIRD PARTY CONTENT OR
THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES Choices Wild (UK) Ltd,
ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS
MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE
OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT
ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.
NONE OF Choices Wild (UK) Ltd, THIRD PARTY CONTENT PROVIDERS
AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH
THE SERVICE. NEITHER Choices Wild (UK) Ltd NOR ANY THIRD
PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES THAT MAY BE
DOWNOADED THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR
OTHER CONTAMINATING OR DESTRUCTIVE FEATURES. YOU EXPRESSLY
AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT
IS ASSUMED SOLELY BY YOU.
8.2 NEITHER Choices
Wild (UK) Ltd, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE
AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO
NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
THE LIABILITY OF Choices Wild (UK) Ltd, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous.
This Agreement shall
be construed in accordance with the laws of United Kingdom,
and the parties irrevocably consent to bring any action to
enforce this Agreement in the federal or state courts. This
Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties
with respect to such subject matter. If any inconsistency
exists between the terms of this agreement and any additional
terms and conditions posted n the Service, such terms shall
be interpreted as to eliminate any inconsistency, if possible,
and otherwise, the additional terms and conditions shall
control. This Agreement may not be amended except in writing
signed by both parties and no waiver by either party shall
be deemed a waiver of any preceding or subsequent breach
or default. Sections 1, 2, 6, 8 and 9 shall survive any termination
of this Agreement and any other provisions which by their
terms or sense are intended to survive.
