Application and entire agreement
1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you) from KATCHAPPS.
2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.
3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. The terms and conditions of Domain Box which can be found by clicking on the following link: http://www.domainterms.com/user/. This is a separate contract independent of your agreement with us.
5. A “business day” means any day other than a Saturday, Sunday or bank holiday.
6. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
7. Words imparting the singular number include the plural and vice-versa.
8. The description of the Goods is set out below, and in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
9. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
10. You will have the benefit of the full range of our services (‘the Services’) as listed on KATCHAPPS.com under the relevant column for the product you purchase – the services are detailed at on our website: www.KATCHAPPS.com.
11. The Services include, but are not limited to:
i. web design,
ii. domain name,
iv. anti-virus protection
Free Product Guidelines
12. The Free website product is offered by us with no ongoing subscription charge. Users of KATCHAPPS products will accept the following conditions in addition to the standard Terms and Conditions governing users of our site;
(a) We shall have the right to place advertisements in any form whether banners, ad words, buttons, or otherwise, in any portion of the Free site. The position or form of these advertisements may change from time to time and is at our sole discretion.
(b) In provision of advertising, we may provide, or third parties may provide, links to other sites or resources located on the Internet by allowing a user to leave our Free website to access third-party material or by bringing the third party material into this site via “inverse” hyperlinks and framing technology. We have no control over such sites and resources. You acknowledge and agree that we are not responsible for the availability or otherwise of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
(c) We shall have the right to delete or remove any of our websites that have remained inactive for a period of 180 or more days.
(d) We shall have the right to change the terms and conditions applicable to or to withdraw the Free product at any time and for any reason, without prior notice being given to users of our Free website.
(e) For free services, we can determine at our discretion which services are to be provided and to what extent. Limitations, extensions and other modifications of these services by us are permissible at any time and they are likewise subject to the following conditions for subscribers. Insofar as free services are offered, we reserve the right to modify them at any time in line with the latest technological developments and regulations.
11. In addition, users of our Free website agree;
(a) not to interfere, attempt to us and its partners;
(b) not to display any advertising of their own in any form on our free website;
(c) that they have no claim on any revenues derived from advertisements placed on their sites by us and our Partners;
Personnel and subcontractors
12. Very good website may in its absolute discretion sub-contract the performance of any of its obligations under these Terms.
13. You indemnify us and keep indemnified ourselves, our officers, employees, contractors and agents against any costs or expenses (including the cost of any settlement) arising out of any claim, action, proceeding or demand that may be brought, made or prosecuted against us. any person arising out of or as a consequence of an unlawful or negligent act or omission of the first party, its officers, employees or agents in any way connected with these Terms arising from any failure of the first party to comply with these Terms or otherwise.
14. The indemnity extends to and includes all costs, damages and expenses reasonably and properly incurred by the second party in defending any such action, proceeding claim or demands.
15. You acknowledge that our systems, servers and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside its control.
16. In the event of any such interruptions we will notify you by email as soon as reasonably practicable of any such interruptions to its ability to provide the Services.
17. We agree to rectify faults or problems and to restore the system to full operational capacity as soon as reasonably practicable.
18. Subject to our compliance with the “Availability” clause above, We excludes liability for any loss of profit caused to you as a result of the system not being fully operational.
19. POP3 and SMTP services on your domain name is available only during your period or subscription to the Services
19.Each party warrants to the other that;
a) it has the authority to perform its obligations under these Terms; and
b) it has the ability to perform its obligations under these Terms.
20.Very good website warrants to the Customer that the Services:
a) will be provided by appropriately qualified and experienced personnel using all reasonable care and skill;
b) will not knowingly infringe the Intellectual Property rights of any third party
21.The Customer warrants to Very good website that:
a) the use by Very good website of any works or materials submitted by the Customer to Very good website under these Terms will not infringe the rights of any person or contravene any law;
b) it is solely responsible for communicating with persons who access its websites or other sites and that it will not divert any complaints or concerns to Very good website.
22.Very good website shall not be liable for defects resulting from improper use of the Services by the Customer or by another third party.
23. We will not be responsible for the accuracy and / or functionality of the material created or supplied by you to we (‘Customer Content’) in the form in which it is provided by you or as modified upon and in accordance with your instructions for inclusion on the website.
24. We will not be responsible for your failure to fulfil any orders placed for those goods or services being sold or promoted by you on your website.
25. If We reasonably forms the view that you Content of any website may be pornographic, defamatory, misleading or deceptive or otherwise in breach of any third party’s rights or in contravention of applicable law, including breach of any third party intellectual property rights, we may without prior notice or any liability remove that Customer Content from the website and shall within 24 hours thereafter notify you of its removal.
26. With reference to clause (iii) above you agree to take all reasonable steps to ensure you are not in breach of any third party intellectual property rights by, including but not exclusively limited to, the illegal use of commercial songs on their MP3 players and / or by the unauthorised use of copyright works and / or by the unauthorised use of any registered intellectual property rights.
27. You shall indemnify and hold harmless us and our affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Customer Content including but not limited to the posting and / or transmission of Customer Content on the website.
28. We cannot accept responsibility for your website’s position in search engine results and will not be held accountable for the effect any changes to the website made by us or made by you may have on it.
Equipment and access
29.The Customer must provide, at its own cost, telecommunications services, computers and other equipment or services necessary to enable it to have access to the Services. The Customer must comply with all the rules and regulations that apply to the communications means by which the Customer obtains access to the Services.
30. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
31. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
32. Any increase in the Price under the clause above will only take place after we have told you about it.
33. You may be entitled to discounts. Any and all discounts will be at our discretion.
34. The Price is inclusive of fees for packaging and transportation / delivery.
35. The Price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
36. We reserve the right to adjust the cost of the Services at any time.
37. Very good website agrees that the Customer will own all the intellectual property rights in the Customer Content of the website.
38. The Customer will have sole responsibility for the use of any third party intellectual property rights included on the Customer’s website and in the Customer Content. The Customer agrees to take all reasonable steps to ensure that the use of any third party intellectual property rights has been authorised and is not in contravention of any applicable law.
39. Any intellectual property rights owned by either party and required for the performance by the other party of its obligation under these Terms or the use of the website by the Customer shall be licensed to that other party on a non-exclusive, irrevocable, royalty free basis for the period during with the use of those rights by that party pursuant to these Terms is required.
40. Neither party shall grant a sub-license under the licenses created without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.
Cancellation and alteration
41. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
42. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 1 day only from the date shown in it unless expressly withdrawn by us at an earlier time.
43. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
44. You may, at any time, transfer their Website domain name away from us to an alternative hosting solution, providing that you have no outstanding debts with us. We are not responsible for any third party charges incurred by transferring a domain name away from us. We will charge a one off fee of £15 to the domain name to an alternative hosting company to cover administrative costs.
45. Domain names registered using our company are final and cannot be changed. Any changes will require the registration of a new domain name at a current cost of £11.99 per domain name registered for one year from the date of registration.
46. If you do not renew the Services the domain name will expire. We exclude liability for any loss of profit caused to you by the expiration of the domain name as a result of your failure to renew the Services.
47. We exclude liability for any loss of profit caused to you by the expiration of the domain name as a result of a technical fault or any other fault caused by any third party.
48. We exclude liability for any loss of profit caused to you by the expiration of the domain name as a result of a technical fault of any other fault caused by our negligence.
49. We will invoice you for the Price either:
a) on or at any time after delivery of the Goods
50. You must pay the Price immediately upon our quotation, on the date of our invoice or otherwise according to any credit terms agreed between us.
51. You must make payment even if delivery has not have taken place and / or that the title in the Goods has not passed to you.
52. If you do not pay within the period set out above, we will suspend any delivery of site details/services/items to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 8% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.
53. Time for payment will be of the essence of the Contract between us and you.
54. All payments must be made in British Pounds unless otherwise agreed in writing between us.
55. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
56. Each party may use the Confidential Information of a disclosing party only for the purposes of these Terms and must keep confidential all Confidential Information of each disclosing party except to the extent (if any) the recipient of any Confidential Information is required by law to disclose the Confidential Information.
57. Each party may disclose Confidential Information of the other party to those of its employees and agents who have a need to know the Confidential Information for the purposes of these Terms but only if the employee or agent executes a confidentiality undertaking in a form approved by the other party.
58. All documents and other materials containing Confidential Information of either party will be returned to that party immediately upon termination of the Services
59. The parties’ obligations to keep information confidential will survive the termination of the Services.
60. The obligations of confidentiality do not extend to information that:
a) is or becomes public knowledge (otherwise than as a result of a breach of these Terms); or
b) is required by law to be disclosed
Risk and title
61. The risk in the site purchased will pass to you on completion of delivery.
62. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the site and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
63. Until title to the Goods/sites have passed to you, you must (a) hold the Goods on a fiduciary basis as our Bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
64. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
65. We may assign and/or transfer, entirely or in part, the rights and obligations derived herefrom without the express and prior authorization of yourself. We may subcontract services purchased as part of your contract. You agree to be contacted directly by any subcontractor for the services that you may have purchased.
66. You have the right to cancel the Website & Shop Builder Services within a period of 30 days from the date of the purchase. This refers only to domain name registration, email address provision, storage and web pages within the main packages. Should you choose to cancel within this period you will be entitled to a 100% money back guarantee. This does not include the £11.99 domain fee.
67. Should you cancel after the first 30 day period, you will not be entitled to any refund. This does not affect your statutory rights.
68. On all other products besides the DIY Website Builder service, you will not be entitled to any refund.
Service delivery timelines
69. Once we’ve received your order we process them right away and aim to deliver as per the time lines listed here: http://KATCHAPPS.freshdesk.com/support/solutions/articles/1000123014-when-will-i-receive-my
70. We can terminate the sale of Goods under the Contract where:
a) you commit a material breach of your obligations under these Terms and Conditions;
b) you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
c) you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
d) you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.
e) You have misrepresented yourself in any way in disclosing relevant information to us.
f) You fail to pay the amount due to us and do not make that payment within 7 days after receiving notice requiring you to do so.
71. You may terminate the sale of Goods under the contract and transfer the domain name
a) Where you have completed all your payment and other duties under this contract
b) Where you pay us an admin fee of £15 for transferring the domain name.
Limitation of liability
72. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
73. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
74. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
75. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
76. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
a) any indirect, special or consequential loss, damage, costs, or expenses; and/or
b) any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
c) any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
d) any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
e) any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
77. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
Exclusion of Third Parties
78. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no person other than the parties to these Terms shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties to it.
79. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
80. Notices will be deemed to have been duly given:
a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c) on the fifth business day following mailing, if mailed by national ordinary mail; or
d) on the tenth business day following mailing, if mailed by airmail.
81. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
Circumstances beyond our control
82. We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond our control.
83. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
84. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Alternative Dispute Resolution
85. All disputes at any time arising between the parties that cannot be resolved by negotiation may be referred to an expert in accordance with the remaining provisions of this clause.
86. The expert shall have appropriate qualifications and practical experience to resolve the particular dispute and be agreed by the parties or in the event of failure to agree shall be appointed by the President for the time being of the British Computer Society.
87. The parties shall promptly furnish to the expert all information relating to the particular dispute reasonably requested by him, imposing appropriate obligations of confidence.
88. The expert shall be required by the parties to use all reasonable endeavours to render his decision within 30 days following his receipt of the information requested or if this is not possible so soon thereafter as may reasonably be practicable and the parties shall co-operate fully with the expert to achieve this objective.
89. The parties shall share equally the fees and expenses of the expert. The decision of the expert shall be final and binding upon each of the parties.
90. For the avoidance of doubt the provisions of this clause provides for a form of advanced dispute resolution and is not a reference to arbitration.
Law and jurisdiction
91. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.
92. KATCHAPPS is not a law firm, and our employees or sub-contractors are not acting as a solicitor. KATCHAPPS does not practice law and does not give legal advice. Our Website is not intended to create a solicitor-client relationship and, by using the Website, no solicitor-client relationship will be created with KATCHAPPS. Instead, you are representing yourself in any legal matter you undertake through obtaining, or using the company’s legal document service. The company and its document service is not a substitute for the advice of a solicitor.
The information provided by KATCHAPPS verbally, in writing or on the site does not constitute legal advice. It should therefore not be relied upon as legal advice. Because the law changes rapidly, KATCHAPPS cannot guarantee that all the information provided is current or correct. Not only does the law differ from jurisdiction to jurisdiction, but it also is subject to interpretation by different courts. No general information or legal tool like the ones KATCHAPPS provides can fit every circumstance. Therefore, if you need legal advice for a specific problem, you should consult a licensed solicitor in your area.
KATCHAPPS is not responsible for any loss, injury, claim, liability, or damage related to your use either of legal documents provided by KATCHAPPS or of any tools used or linked to KATCHAPPS. Although this is the case for all uses of these services, we specifically mention here two of the most likely causes:
(1) Incidents caused by the omission of facts; and (2) incidents caused by errors or omissions in the content of our documents or any other linked sites. In short, your Use of KATCHAPPS is at your own risk.