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Product & Service Obligations

Legal Statements

1. Services

1.1 eSterling Limited will use reasonable endeavours to ensure a prompt and continuing service as described in the specification ("the Service") but will not be liable for any loss of data resulting from delays, non-deliveries, or service interruptions caused by circumstances beyond the direct control of eSterling Limited, or by errors or omissions of the Customer. eSterling Limited specifically excludes any condition of warranty as to the accuracy of third party information received through the Service.

1.2 eSterling Limited will not be held liable for indirect, economic or consequential loss whatsoever, due to the failure of any of our services. Any refund will be limited to the value of any charges made by eSterling Limited.

1.3 The liability of eSterling Limited in contract or in connection with the supply of the Service shall be limited in respect of any one event or a series of two or more connected events to the value of the domain name(s).

1.4 Breach of Terms and Conditions by customers shall lead to termination of Service with no entitlement to refund.

1.5 All fees paid are non-refundable and once registered domain names cannot be changed in their name or extension without the costs due in the registration of a new name with the appropriate register

2. Contract of Service

2.1 eSterling Limited may elect to suspend or terminate the Service immediately on any default of payment by the Customer.

2.2 From time to time parts of the eSterling Limited network may be taken off-line for repair or routine maintenance. eSterling Limited will endeavour to give as much notice as possible but will not be held liable for any unscheduled downfall in the Network due to extraneous conditions including but not limited to Act of God, inclement weather, act of telephone or Governmental organisations or power failure.

3. Improper Use & Liabilities

3.1 The Customer shall acknowledge that he/she will only use the Service for lawful purposes. The Customer shall comply with the Acceptable Use Policy ("AUP"), available on request, which shall be considered as an integral part of this agreement. eSterling Limited reserves the right to revise the AUP from time to time.

3.2 The Customer shall take reasonable precaution to prevent the reception and transmission of viruses to the eSterling Limited Network and beyond and shall not attempt any intentional and malicious damage to the eSterling Limited Network or use the Service to affect other computers.

3.3 It is the Customer's responsibility to keep all user names and passwords secure and not let third parties knowledge or access to them or to store them on any computer in plain text or in a format that is easily accessible.

3.4 The Customer will notify eSterling Limited immediately by telephone or e-mail in any event of a username or password becoming known to a third party.

3.5 The Customer hereby indemnifies eSterling Limited or its trading concerns against any action taken by a third party resulting from the Customer's use of the Service.

3.6 The Customer shall notify eSterling Limited of any action taken against them by a third party and will not hold eSterling Limited liable for any resulting costs.

3.7 The Customer shall be responsible and liable for any costs to telephone companies by use of the Service from their point of connection.

3.8 The Customer acknowledges that eSterling Limited cannot exercise control over the content of information passed across the Internet and via the Service.

3.9 The Customer agrees to conform to the acceptable policies of connecting to other Networks or computers across the Internet.

4. Sub-Lease/Re-Selling Restrictions

4.1 The Customer agrees not to re-assign, re-sell, sub-lease or transfer their account in any way, shape or form without the proper procedures being followed as required by the appropriate domain name registry. Contravention shall lead to immediate termination of the Service to the Customer by eSterling Limited.

5. Domain Transfer Agreement

5.1 A Client’s Domain name transfer requests - provided all details are correct and procedures followed by the customer - should be carried out by eSterling Limited within 5 working days of receiving the customer's email and the settlement of all outstanding invoices/balances and including the Domain Name transfer administration fee of £75.00 + VAT per domain name. Domain names transfers, either to an external company or to another company within the Client's Group, incurs the Domain Name transfer administration charge. Non payment of the transfer administration fee, or any outstanding debt will mean the refusal of any Tag change request.

6. Website Production, Maintenance & Amendments

6.1) Service Obligation

6.1.1 Unless covered by an eSterling Limited Support Contract, specifically covering the work requested by the client, all work carried out is chargeable on a time and direct costs basis

6.1.2 Quotations can be provided upon request. Up to 8 hours of work may be carried out on a verbal request / time taken basis in order to resolve a client's situation. Anything more than the initial 8 hours work will be notified to the client, prior to the work being carried out.

6.2) Order Cancellation

6.2.1 All confirmed orders that are cancelled by the client due to no fault of eSterling Limited our own, will have to paid in full or if cancelled within 48 hours will have to pay 30% of the order value.

6.2.2 Should a Client wish to cancel an Order, confirmed by the Client and eSterling Limited, prior to completion, this can be done if mutually agreed between the Client and eSterling Limited. Charges, for all time spent by eSterling Limited Staff (as per the Standard Charge Out rates as specified on the current website) from the first presentation meeting held by eSterling Limited employees, to the agreed cancellation date, less the deposit paid, will become payable immediately. The Contract will be deemed at an end when those funds are cleared through eSterling Limited’s Bank Account.

6.3) Limitation of Liability

6.3.1 All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by eSterling Limited not contained in the Agreement are excluded and eSterling Limited will not accept liability for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly with respect to the service.

6.3.2 Where any applicable legislation implies any term, condition or warranty into the Terms and Conditions or in respect of eSterling Limited’s relationship with you, or otherwise gives you a particular remedy against eSterling Limited and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Terms and Conditions or as the case may require apply to the relationship between eSterling Limited and the Client. However, eSterling Limited’s liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at eSterling Limited’s option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again.

6.3.3 It is acknowledged that websites cannot be guaranteed to be 100% error free in construction and also acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate an Order or Services.

6.4) Contents of Web Pages and Undertakings

6.4.1 Website Content

The total responsibility for entering a Customer’s Content into any Website, produced by eSterling Limited rests indisputably with the Client. Although eSterling Limited may at its discretion enter a minimal amount of products or text, in order to test the functionality of the website. Alternatively eSterling Limited may be able to quote separately from the Main Order for entering a Client’s content, either Electronically or Manually The Client is always solely responsible for the content and most importantly, the entering of, the Client's Web Page content, undertakings (text, images, documents, sound and video files.) eSterling Limited is not responsible for proofreading any content unless specifically agreed.

6.4.2 eSterling Limited makes no representations to you concerning the content or functionality of your website. This is your responsibility to ensure that it meets your requirements.

6.4.3 If you provide eSterling Limited with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify eSterling Limited against any action taken against eSterling Limited by any such third party.

6.4.4 Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive, obscene material or disparage the products or services of any third party.

6.4.5 eSterling Limited for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.

6.4.6 You are solely responsible for dealing with persons who access your data or web page and warrant that you will not refer complaints or enquiries in relation to such data to us.

6.4.7 It is the total responsibility of the Client to provide all content for their website. This includes all text, images, documents, sound and video files as appropriate. All responsibility for any infringement of copyright trademark, privacy or personal or proprietary rights of third parties is solely with the Client.

6.4.8 Should eSterling Limited be directed by the Client to source any content for the Client's website then the responsibility for ensuring the content does not infringe the copyright trademark, privacy or personal or proprietary rights of third parties lies with the Client.

6.4.9 Clients with Content Managed Sites (CMS), Database and eCommerce Websites For the avoidance of doubt, Clients who are provided with the facilities to update their own Site with any of their own data whatsoever, by any of the above mentioned Web Services, must appreciate that the responsibility for data relating to ALL additions, amendments, deletions etc; rests totally with the Client. Therefore it is highly recommended that a backup log of ALL changes must be kept by the Client, preferably in electronic form, in order that in the case of any problem caused by the Client, or any other Agency, be it eSterling Limited, an ISP, the Telecommunication provider line or indeed any other entity, an immediate backup can be reinstated with a minimum of effort at ANY time.

eSterling Limited may be able to assist with this restoration of data and would make all reasonable efforts to do so and this may be chargeable. However as previously stated, for the avoidance of doubt, the responsibility of keeping the definitive backup log and accompany relevant data, does rest totally with the Client.

6.5 Payment Terms for Projects

(all figures ex VAT) as per Proposal or Agreed Specification:

  • 30% (+VAT) deposit upon signing of ORDER FORM
  • 25%(+VAT) upon Website Design Confirmation Stage
  • 25%(+VAT) upon Website Functional Proof Stage
  • 20%(+VAT) upon Completion of website by eSterling Limited and signing of WEBSITE ACCEPTANCE FORM.

6.6 Stage Payment Forms

eSterling Limited implements a Staged Payment System, in line with the receipt of the following forms, in order to allow the Client the protection of not having to pay the final installment of an order, until they are totally happy with the Web Site produced. The signing of the Website Acceptance Form by the Client signifies total satisfaction with the website and the acceptance that the original order has been wholly and finally fulfilled by eSterling Limited.

This Form System follows herewith:

1) THE ORDER FORM

The order is signed by both parties (eSterling Limited and the customer) on the basis of them accepting, as specified on the order, all terms and conditions permanently held on this website – www.esterling.co.uk

2) WEBSITE SPECIFICATION FORM

This specification form is completed and signed by both parties (eSterling Limited and the Customer) and accepted by the Customer as an indication of full details of the design and functionality of the website to be provided by eSterling Limited. Any additional design or functionality required by the Client, which is not included in WSF, will be chargeable by eSterling Limited on a time basis at the rates chargeable in the current Company Staff Charging Rates schedule

3) WEB DESIGN CONFIRMATION FORM

This form is signed by the customer to confirm his agreement to the principle of the design produced by eSterling Limited for the website. Any additional design changes requested after the Design Confirmation Form has been signed, will be subject to standard our hourly charge rates.

4) WEBSITE ACCEPTANCE FORM

This form is signed by the Customer as final confirmation of their acceptance of the website produced by eSterling Limited, in its entirety, in terms of Design and Functionality. Any provisos/requests/conditions included in the W.S.A.F. by either the Customer or eSterling Limited, may be attempted by eSterling Limited prior to the launch to the website to the Internet, however payment of the final balance of the Order Value and the launch of the website represents full and final acceptance of the website by the Customer. eSterling Limited reserves the right to carry out normal system housekeeping such as creating back-ups. However do not accept responsibility for ensuring that a Client's data will be fully restorable if it has been amended by the client.

6.7 Target website completion times

All Website content must be provided in a timely manner, either from you or third parties and providing this is done, eSterling Limited will attempt to ensure that adequate resource is provided to complete your web design project within three months, unless a different time frame is expressly agreed in writing with you. You agree to support this production period of three months, and should the project overrun due to your lack of action, which includes the non provision of full content for the Website, you will be liable to pay the full amount of the website at the end of the three months period and your choice will be to have the Website uploaded with the content to be uploaded later, or it can be uploaded later when full content is available, but either way the final payment installment is payable immediately the Website design and Functionality work is completed by eSterling Limited. Any work that eSterling Limited does to complete your project after this time may be subject to new charges and a new agreement.

7. Hosting & Digital Marketing

7.1. eSterling Limited promote all of the hosting of our Clients directly via their Cloud Servers.

7.2. Whilst our target is of course for the Website Hosting service to be available for 100% of the time, unfortunately with 'Network Boundary Points' limiting eSterling Limited’s (like all other ISP's around the world) overall ability to have 'total control' of the Internet and World Wide Web this may not always be possible.

7.3. Therefore the more generally accepted target for the World Wide Web is 99% up-time over a one year period. This target is supported in full by eSterling Limited, and therefore any downtime greater than that, will be credited in direct proportion to the hosting fee payable. The Company's insurance cover does not allow for any Indirect or Consequential loss or damage claims caused by downtime of the Web Site on the World Wide Web.

7.4. In the event of a Client's account having a balance which is more than 1 month overdue, eSterling Limited will render the Internet connection & services (hosting etc) suspended until such time as the account is brought up to date once again.

7.5. The Managed Service Form (MSF) covers all costs involved from the commencement of allocation of resources for Hosting during the production of the Web Site, including if applicable, the eMarketing planning service, all of which commence from the acceptance of the order.

7.6. In such instances where the Hosting and/or eMarketing services with eSterling Limited is no longer required by the Client, within the first 6 months, eSterling Limited reserve the right to charge up to the first six months period Hosting and eMarketing charge upon cancellation. This is applicable from the day an order is placed. After six months service there is purely 3 month’s notice required from the commencement of the following month’s Service. Upon cancellation it is the responsibility of the Client to cancel any Standing Order payments and eSterling Limited cannot be held responsible for your cancellation of the payments made by your bank and no repayment of any additional payments can be made by eSterling Limited.

8. Domain Name Agreement

8.1 eSterling Limited will register a domain to an individual and/or company on a per domain basis and the individual or company is granted exclusive use of this domain so long as all fees are paid and the balance of any accounts are kept up to date, at least 45 days prior to any registration or renewal date.

8.2 By registering a name you agree to keep eSterling Limited and its associated companies and its Directors fully and effectively indemnified at all times against action brought about by any person, persons or company against you in using the name. You will assume liability and costs for any such action and release eSterling Limited and its associated companies should any such situation arise.

8.3 Any registered domain can be used for any legal, decent and honest use on the Internet and must not breach any UK laws. The name cannot be used for any immoral or pornographic use. The registrant agrees to have read and accepted the terms and conditions of the appropriate domain registry before ordering a domain name for registration by eSterling Limited. By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the following terms and conditions (Nominet Terms and Conditions) This is a separate contract to any arrangement you may have with any third party for the provision of internet services.

8.4 eSterling Limited shall not be liable for indirect, incidental or consequential damages, including loss of income, data, or information in any event by use of the Service.

8.5 eSterling Limited reserves the right not to register or assign any domain name for whatever reason.

8.6 eSterling Limited reserves the right to delete, suspend or re-assign any domain name if payments have been defaulted upon and may at its discretion levy admin charges in re-establishing any domain or service thereof.

8.7 eSterling Limited reserves the right to vary the rate charged for domain name registrations and renewals and/or modify the services offered by notice via its website of any cost or service changes.

8.8 Any requests of domains to another provider will be charged at £75.00+VAT - to be paid before transfer is undertaken.

8.9 All names are registered directly to the client for the client’s security purposes and every attempt will be made by eSterling Limited to renew all domain names in good time. It is ultimately the Client’s responsibility to ensure that any domain name registered to them, and is renewed in good time to guarantee that any required subsequent years are available. Therefore eSterling Limited accepts no responsibility to renew it and any liabilities regarding the renewal, remain totally with the Client.

8.10 eSterling Limited shall not be liable for any indirect, incidental or consequential damages, including loss of income, data, or information in the event of any failure to procure or renew any Domain Name, for whatever reason, either within, or outside the control of eSterling Limited, or any of their employees. Any refund relating to any failure will be limited to the amount of any charges made by eSterling Limited for that service.

9. Privacy & Cookie Policy

9.1 Your privacy is important to eSterling Limited. Below you’ll find information about our commitment to ensuring the privacy of your and your children’s personally identifiable information (such as your full name, address, email address, telephone number and/or other identifying information) and preserving the integrity of the medium.

9.2 eSterling Limited will never willfully disclose any personally identifiable information about our online audience to any third party without first receiving the user’s permission. We do not collect personally identifiable information from our visitors other than what is supplied to us on a voluntary basis.

9.3 Visitors to the eSterling Limited Web Site may voluntarily supply certain personally identifiable information in connection with (i)contest or sweepstakes registration, (ii) subscription registration for sites or services which require subscription (such as email newsletters), (iii) requests for membership information and (iv) e-commerce transactions. In addition, personally identifiable information is voluntarily provided in connection with certain content submissions, community postings (i.e., forums or bulletin boards), comments and suggestions, or voting.

9.4 eSterling Limited may use such information only for conducting the activities stated above, for internal marketing and promotional purposes, or, on occasion, when mailing lists are made available to other organizations. (The occasional provision of mailing lists to such organizations is the only case where such information would be provided to third parties). For more information regarding eSterling Limited’s policies on the handling and use of eSterling Limited’s membership list, please see eSterling Limited’s Membership List Policy. The extent of such use is always explained at the time a site visitor provides such information. If the visitor does not want this information collected and used by us for the disclosed internal purposes, the visitor is given an opportunity to ‘opt-out.’ Our visitors need to recognize, however, that under certain circumstances, if they select to ‘opt-out’ they may not be eligible for certain activities for which the personally identifiable information is needed. (For example, if a contest participant elects to ‘opt-out’ on permitting us to collect and use their personal information; we cannot contact them if they win without using such information.)

9.5 Acceptance of these eSterling Limited website privacy policy terms and conditions. By using this site, you signify your agreement to the terms and conditions of this eSterling Limited Web Site Privacy Policy. If you do not agree to these terms and conditions, please do not use the site. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this policy at any time. Please check this page periodically for any changes. Your continued use of the eSterling Limited Web Site following the posting of any changes to these terms shall mean that you have accepted those changes. If you have any questions or concerns, please email us at webmaster@esterling.co.uk.

10. Complaints Procedure

We are sure you will be very happy with our services, however if you ever feel there is something lacking please following this procedure:

10.1) Contact us via email and post to the Customer Relationship Manager, stating the exact nature of the complaint with details of dates, names, etc.

10.2) You can normally expect a response within 5 working days of our receipt.

10.3) If you are not satisfied with the response it will be escalated to a senior manager of the Company.

10.4) If the matter is still not concluded satisfactorily to both parties it will be escalated to a Company Director for consideration by the Board, headed by the Managing Director.

11. VAT Changes

11.1 VAT Increases and Decreases adopted in Budgets will not normally result in MSF (Managed Service Forms) changes, due to the huge administrative tasks for both eSterling Limited and its Customers and therefore VAT will normally just reflect the net calculation from the Gross payment figure, applicable at the time.

12. General Terms & Law

12.1 eSterling Limited reserves the right to carry out normal system housekeeping such as creating back-ups. However do not accept responsibility for ensuring that a Client's data will be fully restorable if it has been amended by the client.

12.2 If eSterling Limited suspect Illegal Activity, we may notify the authorities and reserve the right to carry out any necessary work on the system which our lawyers advise us to do in the protection of the system.

12.3 This Agreement is governed by the laws of the United Kingdom, and you consent to the exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of the eSterling Limited service.

12.4 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and eSterling Limited as a result of your use of eSterling Limited. You agree not to hold yourself out as a representative, agent or employee of eSterling Limited. You agree that eSterling Limited will not be liable by reason of any representation, act or omission to act by you.

12.5 Each respective Registry (i.e. Nominet, InterNic etc...) will notify the legal registrant of the disputed domain(s) of their position and liaise with all parties in dispute as determined by their respective terms and conditions of service provision. eSterling Limited cannot enter into any direct involvement with the resolution of any dispute other than inform and relay to its client any information supplied by the appropriate Registry as we have no ultimate control over of any domain assigned by any Registry.

12.6 If eSterling Limited suspect Illegal Activity, we may notify the authorities and reserve the right to carry out any necessary work on the system which our lawyers advise us to do in the protection of the system.

12.7 FORCE MAJEURE

eSterling Limited shall not be liable for any delay or failure in performance of any part of the Company's service to the extent that they are caused by fire, flood, explosion, accident, war, strike, embargo, governmental or regulatory requirement, civil or military authority, Act of God, civil unrest, inability to secure materials or labour or any other causes beyond its reasonable control. eSterling Limited reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Notification of changes will be posted on the Website.

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