Terms and conditions

1 Terms & Conditions applicable to EasiProfile Website Rental Service

1.1 Our entry-level EasiProfile website rental service does not provide a "bespoke" design but a facility whereby we place the customer's wording and images online in a 1- 4-page/up to 8 image format incorporating a simple page header design.

1.2 The customisation work for EasiProfile web designs is largely the responsibility of the customer - i.e., we shall require them to supplying us with their required images (business card/letter-heading) and wording. We will assist with final text editing.

1.3 If the EasiProfile website rental service is ordered the customisation details originally supplied for page structure and content, and any subsequent changes advised within the design schedule period, will be the sole basis of the web site structure and content.

2 Terms & Conditions applicable to EasiDisplay Website Rental Service

1.1 Each new EasiDisplay web site rental customer receives the same customised and individually tailored web design that they would expect if this was a "purchased" design, albeit we do not claim that all aspects of design and/or layout of a web site will be exclusive to a particular customer's website.

1.2 Although customers selecting EasiDisplay Website Rental Service will receive assistance from us to prepare page content and will receive our assistance in final page editing, nevertheless at the ordering stage we shall require them to supplying us with their required images and wording. We shall invite the customer to actively collaborate with us in all aspects of the web site customisation. However, if a customer chooses not participate in this way we shall proceed to use the supplied material. If at Due Online date the customer is not satisfied with the result, having failed to engage with us satisfactorily during the customisation stage, any additional time spent on satisfying customer's requests e.g., finalising page structure and/or content, will incur additional set-up fees. See also Section 5 below.

3 Terms & Conditions applicable to EasiEdit & EasiList Website Rental Services

3.1 EasiEdit and EasiList website rental services incorporate "user editing" facilities. Such editing facilities use http:// technology (i.e. editing via web browser) but not FTP (File Transfer Protocol). Our website rental services do not permit access by the customer, or their representatives, to the web server or the files thereon.

4 Terms & Conditions applicable to all our Website Rental Services

4.1 General Terms & Conditions

4.1.1 Our website rental services have no minimum contract period and, subject to the non-refunding of first year's fees (considered the set-up fee) which are payable prior to Website Online Date after an acceptable website design goes online. We shall also endeavour to comply with customer advice/ requests re amendments/edits to website layout and content (subject to compliance with agreed customisation schedule).

4.1.2 It is your responsibility as a MarketDrama customer to advise us of any change in your contact details, including postal address, active telephone number and active email address. We expect to receive a response within 14 days to emails sent to your active email address, or to obtain a response from your supplied telephone number. If we cannot contact you by means of your supplied contact details we reserve the right to suspend or terminate your service(s), including non-renewal of un-paid for domain name renewals.

4.1.3 We shall not schedule a prospective customer's website design customisation work until we have received: (a) their agreement on relevant website details and approval of proposed customisation, and (b) specified text and images or preliminary outline text and images (as appropriate depending on the service selected and on the terms agreed for the specific order). The prospective customer must also either have pre-ordered and pre-paid registration of a web domain name for their web site or have had administrative responsibility for a specified existing domain transferred to us (we shall give guidance on the procedure for this if required).

4.1.4 Preferred payment method is by cheque payable to MarketDrama. Payment by cheque will not be considered "received" until the cheque is cleared and the funds transferred to our account and therefore to ensure service continuity it is recommended sending the cheque immediately on receipt of a Pro Forma invoice.

4.2 Web Domain Name Registration Administration & Renewal

4.2.1 We do not undertake to register Domain Names as a stand-alone service, but only as part of our total Website Rental Service which includes Domain Name Registration and Admin, Web Site Customisation/Rental and Web site Hosting. However, we will register and administer unlimited numbers of domain names for current web site rental customers at the normal "web site customer rates". Any such registered names shall be eligible for "parking". See also para 4.2.2 below.

4.2.2 If a customer (i.e. one who has already subscribed to one of our Website Rental Services) requests us to register a domain name without immediately scheduling their website rental order, Domain Name fees will cost 50 per cent extra (payable in advance of registration) relative to normal web site service customer rates; such premium fees will apply until the ordered website service goes online, which period must not exceed 24 months from date of domain registration; payment of renewal fees must be paid (also for minimum two year renewal period) and must be fully paid eight weeks prior to expiry date; any such registered names may be "parked" - i.e., left inactive off-line, but available to activate - until the registrant's website rental service goes online, whereupon domain name renewals will revert to the normal annual Website Service customer terms.

4.2.3. We make no representation that the domain name you wish to register is capable of being registered by or for you. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

4.2.4 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.

4.2.4.1. By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions published at http://www.nominet.org.uk.

4.2.4.2. By registering a .com, .net or .org domain name, you thereby accept the terms and conditions of the Internet Corporation for Assigned Names and Numbers ("ICANN"), ( http://www.icann.org/dndr/udrp/policy.htm ).

4.2.5 You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.

4.2.6 In exceptional cases we shall reserve the right, but not be obliged to, retain (that is, treat as non-refundable) any registration fee paid by you to us notwithstanding refusal by the Registry to register your desired name. However, we shall generally only charge registration fees in cases where a name has been successfully registered.

4.2.7 We shall send an email Invoice for your accounts records confirming receipt of payment for registered domains.

4.2.8 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.

4.2.9 As Domain Name Administrator we are responsible for ensuring that our customers’ domain names are renewed with the relevant Name Registrars, subject to the customer adherence to our payment terms, as outlined in paras

4.2.10 and 4.2.11 below. As all renewals require us to make non-refundable payments to the relevant registrar, if you request us to register a name and we successfully do so, it is not possible to cancel any such registration. But if you no longer require the name it can be allowed to lapse at its stated expiry date (usually 12 - 24 months).

4.2.11 Normal payment terms for Domain Names for customers who have ordered a web site rental service will be as follows: (a) Registration fee to be paid in full in advance of registration, (b) thereafter payment will be against our single annual Web Services Pro Forma invoice, issued approx. 60 days prior to Web Service Expiry Date and due for payment before Service Expiry date or Pro forma invoice date - whichever is later. In cases where Domain Name expiry date is within 90 days of Website Rental Service Expiry Date we may require and extra year's advance renewal fee to ensure we have received the required renewal fee before domain name expiry date.

4.2.12 In cases where domain name renewal fees remain unpaid at domain name expiry date, we reserve the right to (a) allow the domain name to expire (lapse) without further notice or alternatively (b) we may choose to renew/register the name to or on behalf of a different registrant (this may include registering the domain name with ourselves or our representatives as registrant).

4.2.13 Domain Name Registrars may impose cost penalties for renewals after expiry date (albeit there can be no guarantee that the expired name will still be available to register or re-register). In cases of a domain expiring due to us not having received payment by the due date we shall not accept responsibility for attempting to recover the name or for paying such premium re-registration fees as the Registrar may impose. We shall also be in no way liable for any consequences, direct or indirect (including the loss of the web site) due to a customer's domain name lapsing due to non-payment.

4.3 Domain Name Transfer (out)

4.3.1 If you choose at any time to transfer your Domain Name away from our administrative responsibility, we shall co-operate fully with you in effecting this transfer at no extra charge, in accordance with your instructions and subject to payment of any fees due to us. However, this will automatically terminate any and all web services provided by us to you. See para 4.2.1 above.

4.3.2 In order to protect your rights over the name you wish to transfer, we cannot accept or act upon requests from third parties but only on the authority of an email from registered name holder (I.e. registrant) received via an approved email address.

4.3.3 On receipt of such a request for a Domain Name transfer away from us, we shall advise the legal name holder, i.e the Registrant, of the transfer process and request the Registrant to observe the necessary procedures for safe and secure transfer of the name.

4.4 Website Design Customisation Service

4.4.1 To fulfil our objective to be a competitively priced service provider we require customers to assist in this by adhering to agreed work schedules and paying promptly.

4.4.2 We offer varying degrees of website design (customisation) service on all our Website Rental Services – see descriptions of individual Website Rental Services.

4.4.3 The website design (customisation) work schedule will be determined by mutual agreement between us and the customer either at the time of ordering or at a subsequent date.

4.4.4 Because website customisation requires time and effort and because we aim to offer a cost-competitive service, adherence to the mutually agreed work schedule is essential. If there is a delay to our work schedule resulting from the customer's non-compliance with the jointly agreed work schedule we shall be entitled but not obliged to impose a SCHEDULE DELAY COMPENSATION FEE of £150 for each non-productive day during the agreed schedule period that requires unscheduled work to be undertaken outside the agreed schedule period.

4.5 Website Design Customisation Approval

4.5.1 Upon receipt of an enquiry from a prospective customer expressing an interest in ordering a Website Rental Service we shall email the enquirer with appropriate pre-order guidance and we shall request such information from the enquirer as will enable us to judge whether our service is appropriate for their needs and which will also - if we consider it appropriate to recommend our services - enable us to customise an appropriate specimen website design and site structure for their approval.

4.5.2 When we have completed the website customisation, based on the preliminary details supplied earlier (ref para 4.5.1 above) we shall place it at a demo web address for private inspection. At this stage either party remains free to choose not to proceed further.

4.5.3 Subject to (a) prospective customer acceptance of the proposed design, either as is, or amended by mutual agreement and (b) confirmation by us that we wish to proceed with our service proposal, we shall invite the prospective customer to place their order, whereupon we shall propose, and seek agreement for, a website completion schedule.

4.5.5 As the first year's website rental service fees are non-refundable, customers who order a website rental service but who choose to terminate the service during the first 12 months service period, will thereby forfeit the unused proportion of the first year's fees.

4.6 Website Hosting

4.6.1 If you subscribe to one of our website rental services the integral web site hosting service will necessarily be supplied by us i.e. it is not possible for a MarketDrama Website Rental Service to be hosted by a third party web hosting provider of your choice.

4.7 Service Renewal, Expiry & Payment

4.7.1. All service fees shall be in accordance with the scale of charges and rates published from time to time by us on our web site, or supplied directly on request, errors and omissions excepted and shall be due in accordance with the terms herein described.

4.7.2. We reserve the right to change pricing at any time. Prices may not be automatically increased annually in line with published inflation rates and any such increases will reflect inflation as calculated re the UK Retail Price Index (RPI). However, all pricing is guaranteed for each 12 month subscription period.

4.7.3. Payment is due in accordance with the specific instructions applying to individual services until closure notice is given in accordance with 4.11.5.

4.7.4. All payments must be in UK Pounds Sterling. 4.7.5. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.

4.7.6 The first year's website rental service fees (considered the set-up fee) shall be non-refundable and payable prior to Website Rental Service Online. Thereafter fees will be payable 12 months in arrears but prior to annual Service Expiry Date.

4.7.7.1 Apart from terms in paras 4.7.6 above, web services will be due for payable at the end of the Service Period. For example, a web site that goes online on the first day of January 2009 (one years' service fees having been pre-paid), the next Service Expiry Date for which fees will be payable would be Year Ending 31 December 2010.

4.7.7.2 We shall issue a pro forma invoice 60 days prior to Service Expiry Date.

4.7.8 Since our payment policy is to bill customers at the end of the service period, customers are billed only for services already supplied in the year ending.

4.8 Optional Extra Services

4.8.1 Optional Extra Services will be scheduled by mutual agreement.

4.8.2 We shall normally begin work on Optional Extra orders within 60 days of receipt of order, subject to the demands of our prior scheduled commitments.

4.8.3 Optional Extra services priced under £150 will be invoiced (Pro Forma invoice) in the customer's annual website rental service invoice, otherwise immediately following implementation, unless otherwise stated or agreed in relation to a particular service.

4.9 Website Hosting And Email

4.9.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Web Server and we shall have no liability for any loss or damage to any data stored on the Web Server. We therefore recommend that you (a) store back-up copies of all data (text and images) or (b) subscribe to a website back-up service.

4.9.2. You represent, undertake and warrant to us that you will use the Web Site hosted by us only for lawful purposes and to promptly inform us if this clause or any subclause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us.

4.9.2.1. you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.

4.9.2.2. you will not upload, post, link to or transmit:

4.9.2.2.1. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.

4.9.2.2.2. any material containing a virus or other hostile computer program.

4.9.2.2.3. any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

4.9.2.2.4. any material which is forbidden by our acceptable use policy.

4.9.2.3. you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.

4.9.2.4. you will not employ programs which consume excessive system resources, including but not limited to resources of processor cycles and memory.

4.9.2.5. any file you store on the Server will be reachable via a hyperlink from a page on your site.

4.9.3. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.

4.9.4. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.

4.9.5. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

4.9.6. You shall ensure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

4.9.7. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

4.9.8. Any access to other networks connected to our associated partner company networks must comply with the rules appropriate for those other networks.

4.9.9. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

4.9.10. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time.

4.9.11 Email services are included in the web hosting service. The email service features may vary for different web hosting services.

4.9.12 Our Web Site Hosting and Email services have no minimum contract period and the service may be terminated at any time. See also para 4.11.5.

4.9.13 We shall not be obliged to permit facilities on customers' web service that are not explicitly herein specified.

4.9.14 It is your responsibility to advise us of any change in your contact details, including postal address, active telephone number and active email address. We expect to receive a response within 14 days to emails sent to your active email address, or to obtain a response from your supplied telephone number. If we cannot contact you by means of your supplied contact details we reserve the right to suspend or terminate your service(s), including domain name renewal.

4.10 Service Suspension

4.10.1 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date we shall be entitled but not obliged forthwith, without notice or reminder, to suspend the provision of Services to you.

4.10.2 in the event of service suspension, the following SERVICE SUSPENSION TERMS shall apply:

4.10.2.1 if service reinstatement is agreed, a £35 reinstatement fee shall be applied to the following year's bill.

4.10.2.2 the customer may choose (or be required) to switch back to pre-payment terms – i.e. paying both for the overdue amount and also for the next year's service.

4.10.2.3 We retain the right to terminate the relevant web site hosting and name renewal services in which case we would co-operate with the customer in having their web domain name switched to an alternative administrator of their choice.

4.10.2.3.1 The website rental service termination includes suspension of domain name administration service – i.e., we shall be entitled, but not obliged, to allow any customer domain name(s) registrations due for renewal during a Service Suspension period to expire (lapse) without further notice or alternatively we may choose to renew/register the name to or on behalf of a different registrant (this may include registering the domain name with ourselves or our representatives as registrant).

4.11 Termination And Refunds

4.11.1. We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you If you:

4.11.1.1 fail to pay any sums due to us as they fall due.

4.11.1.2 break any of these terms and conditions.

4.11.1.3 are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.

4.11.2 No refunds will be made under any circumstances for Services suspended in accordance with 4.11.1

4.11.3 We reserve the right, in exceptional circumstances that allow no practical alternative, to amend, suspend and/or terminate any or all of our services and/or terminate this Agreement. Where reasonably practicable we will give advance notice of this on our website or by email or post. We shall not be liable or any losses, direct or indirect, that might result from this. In the event of this, we shall:

4.11.3.1 facilitate you in transferring your Internet domain name to an alternative domain name registrar or registrar's agent or domain name administrator, subject to payment of any due renewal fees;

4.11.3.2 provide a pro rata refund of fees for any period for which services were pre-paid but not utilised (including, where relevant, "set-up" fees comprising the first year's fees which are otherwise non-refundable).

4.11.4 You may cancel your website rental service at any time (subject to the non-refundability of the pre-paid first year service fees (i.e. considered the set-up fee). We will cancel the Services within 2 working days of receipt of your request.

4.11.5 Since our web service fees (with the exception of pre-paid non-refundable first two year's website rental service fees (i.e. considered the set-up fee) are not usually payable until the end of the Service Period, cancellation of a service may involve the customer paying the used proportion of such fees pro-rata to the proportion of Service Period elapsed up to the point of service cancellation.

4.11.6 First year website rental service fees will be payable prior to the website rental service going online at the customer’s web address.

4.11.7 Payments received in respect of Domain name registration fees, fees due for additional data transfer and fees for Optional Extras will not be refundable in the event of service cancellation/termination.

4.11.9 You will not be entitled to a refund on service cancellation if you have previously cancelled an account with MarketDrama.

4.11.10 Where payment has been made by credit card, any refund will only be issued to the same credit card.

4.11.11 On termination of this Agreement or suspension of the Services described herein we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.

4.12 Service Availability

4.12.1. We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

4.13 Acceptable use policy

4.13.1 The Internet is a powerful information and entertainment tool, we expect our customers to use the Internet with courtesy, and responsibility, giving due regard to the rights of other Internet users. The following unacceptable uses of our facilities will result in termination of services without notice:

4.13.1.1 Illegality: In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material.

4.13.1.2 Undesirable Content: Certain types of content are not permitted on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.

4.13.1.3 Bulk Email: The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.

4.13.1.4 Misuse Of Resources: Including but not limited to employing applications which consume excessive CPU time, memory or storage space. If you are unsure about the permissability of content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

4.14 Indemnity

4.14.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this Agreement.

4.15 Limitation Of Liability

4.15.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under English and Northern Ireland law, subject always to sub clause 4.15.2.

4.15.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

4.15.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

4.15.4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.

4.15.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

4.16 Notices

4.16.1. Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery first class to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error-free transmission report, or if sent by recorded delivery shall be deemed to be served fourteen days following the date of posting.

4.17 Non-Waiver

4.17.1 Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

4.18 Law

4.18.1. This Agreement shall be governed by and construed in accordance with English or Northern Ireland law and you hereby submit to the jurisdiction of the aforementioned courts.

4.19 Headings, links & Colour Coding

4.19.1. Headings and hyperlinks (or the subject matter on the linked pages) are included in this Agreement for convenience and ease of reading only and do not imply emphasis or relative importance and shall not affect the construction or interpretation of this Agreement.

4.20 Entire Agreement

4.20.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.