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Terms And Conditions

1. General


This Agreement explains the terms and conditions governing your use of services made available to you by London City Media, hereinafter referred to as LCM or "We". It represents the complete agreement and understanding between LCM and the individual or organisation who subscribes to the Service hereinafter called the Client or "You".

PLEASE READ THIS AGREEMENT CAREFULLY.

By confirming an order with LCM You agree to comply with all of the Terms and Conditions set out in this Agreement. LCM may terminate an order at any time without notice, for conduct that violates this Agreement, or for any other reasons, and may terminate Client orders and delete any and/or all Client information for conduct that LCM believes is harmful to the business of LCM or other party(s).

LCM reserves the right to modify this agreement at any time, effective upon posting of the modified Agreement to this URL: http://www.londoncitymedia.com/tandc.html. Clients are responsible to read this document from time to time to ensure that they remain in compliance with this Agreement.


2. Service


LCM creates websites for companies, i.e. designs & produces websites, hereinafter known as “Services”. LCM does not directly provide new domain registration or web hosting services. However, LCM is able to provide these services on behalf of the Client, through a third party. Services are provided on the basis of service, facility and equipment availability. We reserve the right not to provide one or more services where necessary facilities, equipment or services are not available for any reason whatsoever.

Services on offer may vary, without any notice, and without any reason. Any promotion relating to a Service offered by LCM may change without notice and without reason. The "Unlimited images" offer in the Enterprise Plus package relies on you supplying the extra storage space should the total size of the website including images exceed 20Mb. If you cannot supply the extra storage space, we offer to store the remaining images online, for a small fee which may vary depending on the image size quota.

After reaching a sufficient understanding of the service you require, LCM will first draft some basic website designs. Once a design has been agreed, you are not entitled to a change of design except at the discretion of LCM.


3. Service Fees/Charges


Fees are due within 14 days of completion of the order. If paid at the time of order or before work commences, a 5% discount will be offered on the total invoice (excluding any new domain registration or web hosting charges or other third party fees). Once paid, any fees are non-refundable. For full use and access to Your order (including access to passwords and account details if LCM has organised Your domain registration or web hosting), all fees and charges related to an order must be paid in full.

In the event that a new domain registration or web hosting package is requested from LCM, and payment cannot be successfully processed, the whole order may be declined, without reason. In the event that Clients wish to later upgrade their order, fees will again be due within 14 days of completion of the order. Failure to settle any outstanding fees may result in the termination of the order and the suspension of the Service.

Current service charges include (but are not limited to) fees for:
• transfer or change of hosting after order is completed - £15.00
• account re-activation if account is de-activated - £15.00
• late payment of fees - £15.00/week
• order cancellation - 90% of the total due

A full and current price list is obtainable from the LCM office. LCM reserves the right to modify Service fees and rates effective upon posting on the LCM website and/or on this agreement. All fees are quoted and billed in UK pounds sterling unless otherwise noted.


4. Payment/Invoices


LCM accepts payment by cash, cheque or electronic bank transfer only at this time. We require that all Clients pay in full all new domain registration or web hosting package or other third party charges before any such order is placed by LCM on the Client’s behalf. LCM may take any reasonable action to collect all payments due. You agree to pay all legal and collection fees arising from any efforts to collect any past due amounts from You to the extent allowed by law. Billing inquiries and disputes should be brought to Our attention within 14 days of the invoice date. Failure to do so will be deemed to be an admission that the entire contents of the invoice are accurate.


5. Term/Termination


LCM Services may be terminated and all Client email accounts and website data removed under the following circumstances:


1. in the event of non-payment by a Client over 15 days from the due date
   
2. a Client in violation of any term or condition of this Service Agreement
   
3. a Clients’ use of the Service disrupts or could disrupt LCM business operations or affect other party(s)

Clients may request to cancel their LCM orders at any time subject to the appropriate fees or obligations. Domain registrations or web hosting packages purchased through LCM cannot be cancelled nor refunded. Domains will remain active until the end of the registration term.


6. Your Responsibilities


Clients are responsible for providing accurate order information at all times, including payment and contact information. Domain name registrations through LCM will subject You to the Terms and Conditions of the respective governing domain registration companies; including maintaining accurate registrant data listed in the Whois database. .COM, .NET, .ORG domain name extensions are governed by ICANN policy. Please refer to http://www.icann.org. LCM accepts no responsibility whatsoever for Your relationship with the respective domain registration company and any liabilities You may have with them.

Clients are wholly responsible for keeping passwords associated with orders, accounts and/or domain ownership secure and are advised not to share that information with other individuals. LCM recommends Clients to choose difficult-to-guess passwords and to change passwords periodically. Clients are wholly responsible for the content and management of their order/service.

The following is a non-exclusive list of content and behaviours prohibited by LCM:


• Content that contains or contains links to: nudity, pornography, adult content, sex or foul language.
• Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
• Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email mass distributed to unknown recipients soliciting products or services.
• Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
• Content or otherwise that exploits children under 18 years of age.
• Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
• Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
• Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
• Content that posts or discloses any personally identifying information or private information about any third parties without their expressed consent.



7. Privacy


The LCM Privacy Policy sets out Our obligations with respect to the safeguarding, collection and use of Clients’ personal information and is subject to modification from time to time. Changes are effective upon posting of the modified agreement to this URL: http://www.londoncitymedia.com/tandc.html.

LCM is committed to safeguarding Your privacy online. This statement is therefore set out to outline how We make use of the information You submit to Us when You place an order. The terms contained on this page may be revised from time to time. To protect Your interests, visit this page periodically to review the current terms of Our policy.

Personal information is requested when You place an order with Us. LCM's purpose in collecting personal information is to identify the Client as well as to send recent updates and important announcements via post and/or email. No part of the information You have provided would be sold, disclosed, or made accessible to third-parties or to the public.

Members hold complete freedom to express themselves on their web sites. Although Your intellectual freedom is respected, LCM still reserves the right to remove any obscene, threatening, or illegal content claimed to be from, or which could be attributed to, LCM or its partners.


8. Service Interruption


LCM may suspend the order at any time for any duration of time when necessary, without penalty or liability to ourselves. Clients agree that it may be necessary for us to temporarily suspend Our Service for technical reasons or to maintain our network, equipment or facilities. LCM will not bear any liability whatsoever for any such disruption to Service.


9. Limitation of Liability


The Service is provided on an "as is" and "as available" basis and use of the Service is at Clients’ own risk. LCM makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. It is Clients’ responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information of the Service.

The respective directors, officers and employees (collectively, in this paragraph, "LCM"), are not responsible or liable to you or third parties for any claim, loss, damages, liability or expenses you or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, any use of it or interruption in it, or LCM equipment, whether through act or omission, negligence or otherwise. Without limitation, LCM is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if LCM has been advised of the possibility of such claim, loss, damages, liability or expenses by you or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement will survive the termination of this Agreement.

Your Indemnification of LCM:
You shall indemnify and hold LCM and its directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with your use of the Service. Indemnification includes, but is not limited to, claims by third parties, the installation, presence, maintenance, and removal of any and all equipment, the violation by you of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by LCM in connection with any legal, collection or other proceedings brought by us against you related to this Agreement.


10. Force Majeure


LCM will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay of service provisioning.


11. Unenforceable Provisions


If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.


12. Governing Law


The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the United Kingdom of Great Britain and Northern Ireland, without reference to its conflicts of laws principles. You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the United Kingdom of Great Britain and Northern Ireland for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.


13. Age of Majority


LCM does not accept agreements and payments from persons under the legal age of 18 years. By submitting your order, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this agreement on your behalf.


14. Waiver


No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.


15. Entire Agreement


These Terms and Conditions represent the complete Agreement and understanding between us with respect to LCM Services and supercedes any other written or oral agreement.

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