These terms and conditions set out the agreement between you (the Customer) and us (Createanet)
 
1.
   Start of Agreement
 
(a)   By signing the order schedule you have agreed to take up the Createanet services (‘Services’). You may not withdraw that agreement without consent.
(b)   Our agreement starts on the date we start providing you with our Services, following receipt and clearance of your 33% deposit of order value. Such deposit is none refundable accept as provided in clause 1c.
(c)   Createanet may decline to accept your order within 7 days of receiving complete details of the material you wish to be displayed and hosted. In those circumstances you shall receive the return of any payment made and this agreement shall be terminated.
 
2.
   Length of Agreement
 
(a)   Our agreement runs initially for the Minimum Period stated overleaf and will continue on a month to month basis after the Minimum Period has ended. Each period of one month both during the Minimum Period and after it has ended is known in our agreement as a “Monthly Period”.
(b)   After the end of the Minimum Period, either party may terminate the agreement by serving written notice upon the other. If the notice is given 14 days or more before the end of a Monthly Period, the agreement will terminate at the end of the following Monthly Period. If notice is given less than 14 days before the end of the Monthly Period, our agreement will terminate at the end of the next following Monthly Period.
(c)   We may terminate our agreement at any time if:-

(i) you become insolvent or bankrupt; or
(ii) you fail to meet any one or more of your obligations under our agreement, following the service of 7 days notice to meet any such obligation.
 
3.
   Charges and Payment
 
(a)   The charges for our Services are set out overleaf.
(b)   You will be contracted to paya 33% deposit of order value, when you sign the Order form but no payment will be invoiced until all work is approved or 1 month has passed (whichever is the sooner). Such invoice will be payable immediately, and will include your first 3 months hosting where applicable.
(c)   Any cancellation of this agreement will result in the full set up cost becoming immediately payable together with any other sums due.
(d)   Createanet will collect your payments for each subsequent Monthly Periodon the corresponding date of incoice of each relevant Monthly Period. 
(e)   If you have paid for a 12 months Minimum Period but have not provided us with a standing order facility, we will contact you towards the end of the Minimum Period to agree how you will continue to make your payments to us.
(f)   We will not increase the charges during the Minimum Period of our agreement.
(g)   We may need to increase our charges from time to time after the end of Minimum Period. We will give at least 28 days notice of any increase in writing. If we give you notice at least 28 days before the end of a Monthly Period, the increase will apply from the end of that Monthly Period. If we give you notice less than 28 days before the end of the Monthly Period, the increase will apply from the end of the next following Monthly Period.
(h)   You may request additional Services at any time after our agreement has started. If we agree to provide such a Service to you, you must pay the additional charges, including any set up charges that applies to those Services, from the date that we start providing them to you. We will at the next monthly payment after we have started to provide the additional services, increase your monthly charge to cover the extra services you have taken up.
(i)   You may not reduce the level of services being provided by Createanet within the Minimum Period. After the Minimum Period, you may reduce the level of services giving us at least 14 days before the end of a Monthly Period. The services that you will no longer require will then stop at the end of a Monthly Period. We will reduce your monthly charge from the date on which we stop providing the Service, that you no longer require.
(j)   We may adjust any sum, which is stated to include VAT, to reflect any changes in the rate of VAT or any change to Createanet’s VAT registration circumstances.
(k)   We may charge you a reasonable fee to cover our administration costs if any payment you are required to make is not honoured by your bank or building society.
(l)   If you are late in making any payment, we may charge you interest on the late payment at a rate of 2% above the base rate at Lloyds bank for the period from the date on which the payment should have been made until the date on which the payment is actually received by us.
(m)   Failure to comply with meeting payment of contracted service will result in a letter requesting payment in 7 days, with failure to do so resulting in suspension of services. There will be an administration fee for services being re-instated based on the time our services have to be withheld.
(n)   Createanet shall be entitled to raise a charge for any work carried out by it to upgrade your site.
 
 
4.
   Your business
    a) You agree
 
    (i) that the information that you have given us, or will give us in future, about your business is accurate and is not in any way misleading or offensive;
    (ii) we can make that information available to the public in whatever manner, and with whatever changes, we see fit;
    (iii) your business details do not infringe any law, regulation or rights of any other person.
    (iv) You will inform us at least 7 days in advance if you intend to change your business details or stop providing any of the goods or services you are offering through Createanet;
    (v) You will be courteous and efficient in all your dealings with people who contact you through Createanet;
    (vi) You meet all safety standards, British Standards, codes of practice, laws and guidelines laid down by any trade or professional association governing or regulating your business and carry out all work for those customers who have contacted you through Createanet in a good and workmanlike manner and at a fair and reasonable price; and
    (vii) Createanet will own the intellectual property rights in any design work it carries out in providing the Services to you and shall not be obliged to transfer access codes to you in respect of site access/data. In the event that you request site/data access Createanet shall be entitled to raise a charge to you equivalent to 50% of the site set up cost.
    (viii) You will pay all charges owed to us on the due date.
    (ix) You will keep the details of our agreement, and any other information, which you learn about Createanet, it’s business, technology and customers, strictly confidential, and not disclose such information to any third party.
 
   
5.
   Our Liabilities
 
(a)   We will not be liable to make any payment to you for any delay or failure to meet our obligations under this agreement if the delay or failure results from events beyond our reasonable control. This includes (but is not limited to) events that are within the control of third parties such as our computer, telecommunications, electrical and Internet service providers.
(b)   Our total liability to you for any reason (other than an event covered in clause 5(a) is limited to the total amount you have to pay to Createanet during the Minimum Period of our agreement. We will not pay you any compensation for your loss of business or profits, or any other indirect loss. By limiting our liability in this way, we are not limiting or excluding any liability for personal injury or death caused by negligence. You acknowledge that Createanet must limit it’s liability in this way to be able to provide its Services at competitive rates and you accept that such restriction is reasonable.
(c)   Any timescale agreed for the provision of Services are estimates only and and time shall not be of the essence in this contract (save for terms as to payment).
 
   
6.
   General
 
(a) We will not be liable to return any artwork or other material that you give us for the purpose of providing any of our Services to you.
(b) The term ‘Upgrade’ refers to any change of existing text or replacement of pictures any change to the style or layout of the site would be considered a re-style and would become chargeable
(c) To maintain the quality of the service we provide to our users, we reserve the right to change the terms and conditions and the nature of the services which we have agreed to provide to you at any time by giving you at least 28 days notice in writing
(d) You may not transfer any of your rights or obligations under our agreement to anyone else unless we have first given you our written consent.
(e) If you need to write to us for any reason in connection with our agreement, please send your letter to our registered Office address, as set out overleaf. We will write to you at your invoice address, as set out on the order schedule, unless you give us a different address for correspondence. We reserve the right to contact you by email to the e-mail address you give us overleaf.
(f) We may pass your details on to other people so that they can offer you various products and services, unless you have indicated on the order schedule that you do not wish us to do so.
(g) We reserve the right to assign our interest in this agreement to any third party.
 
 
7.
   Disclaimer
 
7.1. Createanet cannot accept responsibility for the truth or otherwise of any statement made on your Website nor accept any liability for any hurt or offence caused to any person or company by any statement or opinion expressed on the Website nor accept liability for any damages for defamation loss of reputation or loss of business whether perceived or real caused by any statement made on the Website.
7.2. The Website and its contents may incorporate links to the web sites and services of third parties. Such links are provided for web user's convenience only, and their provision does not constitute an authorisation by Createanet to access such third party web sites, nor an endorsement of the content of such third party websites by Createanet.
7.3. Createanet cannot be held responsible for any infringement of copyright or other intellectual property right caused by publishing material onto the site and insofar as any such claim is capable of subsisting you hereby indemnify Createanet against all losses liabilities costs and expenses so arising.
7.4. Createanet cannot be held responsible for any losses arising howsoever by reason of any website user republishing or distributing information from your website.
 
 
8.
   Indemnity
 
  You agree to indemnify us against all claims, losses, expenses or claims (including our administrative costs and loss of profits) in the event that claims arise through the publishing of material onto your website at your request or through the publishing onto that site of any information by any third party.
 
 
8.
   Suspension of Service
 
8.1. Createanet reserves the right to amend or withdraw one or more of its Services where we have legal administrative or technical reasons to do so. Createanet may also need to make the Website unavailable from time to time for maintenance either on a scheduled or unscheduled basis.
8.2. Createanet accepts no liability for temporary suspension of service due to circumstances beyond its control such as (but not limited to) loss of internet service suspension or failure of hosting services provided by any hosting company employed by Createanet at any time or loss of or failure of any telecommunications service wherever this may occur.
 
 
9.
   Trademarks and Intellectual property
 
  The names and logos identifying the Website and Createanet and its products and services are proprietary marks of Createanet or a group company of Createanet Ltd and nothing in these Terms and Conditions shall confer on the User any licence to use any such mark or any other intellectual property right of Createanet.
10.
   Jurisdiction
 
  These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales.
 
11.
   Content
 
 
  Createanet does not pre-screen or supervise the content of Websites but does reserve the right to remove items from the site or to terminate postings, discussions or forums (contained upon those sites) if it considers them to be offensive, unlawful, illegal, in breach of any third party intellectual property rights, defamatory, or improper