All rights, including copyright, in the content of these web pages are owned or controlled for these purposes by Design & Event Planning.com.
In accessing our web pages, you agree that you may only download the content for your own personal non-commercial use.
You are not permitted to copy, broadcast, download,
store (in any medium), transmit, show or play in public, adapt or
change in any way the content of these Design & Event Planning.com web pages for any other
purpose whatsoever without the prior written permission of Design & Event Planning.com.
Policy We set out how Design & Event Planning.com uses and protects any information that you supply when you use this website or Design & Event Planning.com services.
Design & Event Planning.com is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Design & Event Planning.com may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 3rd May 2007.
We may collect:
* name and title
* contact information including email address
* demographic information such as postcode, preferences and interests
* other information relevant to Buyer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
* Internal record keeping.
* We may use the information to improve our products and services.
* We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
We are committed to ensuring that your information is secure. In order to prevent access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard the information we collect .
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to Buyer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
* whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
* if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to: Design & Event Planning.com, 8 Eagle Rd, St Athan, Barry CF624NR.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
These Terms and Conditions and all documents incorporated by reference herein.
Charges payable by the purchaser to Design & Event Planning.com. (i) any additional Services that the Buyer orders, (ii) Third Party Software that the seller supplies to the Buyer upon request, or (iii) for applicable Bandwidth Surcharge Costs.
Bandwidth Surcharge Costs
An extra charge payable by the Buyer to the seller for additional data transfer volume over and above the preset limit for the applicable Services used by the Buyer, and as published on the Website.
Should the buyer requires the Website to be changed updated, a maintenance charge is required. Details on application.
Payment for Services ordered, inclusive of any Set-up Fees that may apply, due from the Buyer under this Agreement, and set out on the Website or at the time of the Order and in the Service Confirmation.
The date of receipt by the Buyer of a Service Confirmation confirming the sellers acceptance of the Order.
The first twelve (12) calendar months of the supply of Services to the Buyer starting from the Commencement Date.
Any computer software on any computer or digital media that destroys, corrupts, alters, damages Data Material, for example worms, Trojan horses, parasite virus, bomb virus, boot virus, program virus, multipartite virus, stealth virus, polymorphic virus, macros virus, or any other types of virus as defined by the computer community world-wide from time to time.
All information which the Parties consider confidential and/or proprietary and which the Party receiving the information acquires including, but not limited to: tangible, intangible, oral, visual, electronic, present, or future information howsoever and whomsoever acquired. This includes (without limitation) information acquired by post, fax, e-mail, by text message (SMS) or by visual inspection during any tours or visit to facilities and premises, such information to include, without limitation:
1. trade secrets (whether or not subject to or protected by copyright, patent, trademark (registered or unregistered);
2. financial information, including but not limited to pricing;
3. technical information, including but not limited to research, development, procedures, algorithms, data, designs, and know-how; and
4. business information, including but not limited to operations, planning, marketing interests, and products.
By prior arrangement only
Any credit card or debit card issued by financial institutions which is acceptable to and includes (without limitation), Master Card, American Express, Switch Card, Delta Card and Visa Card.
The Person, Persons or business entity requesting the Services under this Agreement.
A brand of Design& Event Planning Ltd registered in England & Wales (Company No6227488. ), whose registered office is at 8 Eagle Rd, St Athan, Barry, CF624NR, UK.
Distinct pieces of machine readable information which can be in the form of images, text (on websites and e-mail), software, collection of software codes and scripts, and any other machine readable information used in connection with the Services by the Buyer or as supplied by Design & Event Planning.com.
Force Majeure Event
An event or circumstance beyond the reasonable control of that Party, including (without limitation) any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightening or fire, strike, lock-out or trade dispute or labour disturbance, the act or omission of government, highway authorities or any telecommunications carrier, operator or administrator or other competent authority, the act or omission of any ISP, war, military operations, acts of terrorism or riot, delay in manufacture, production or supply by Third Parties of equipment or services.
The period for which the Buyer has paid for Services based on the Payment Frequency selected by the Buyer.
Intellectual Property Rights
Any registered or unregistered intellectual property rights located or situated in any part of the world, including but not limited to trade secrets, trade marks, service marks, trade names, goodwill, patents, design rights, copyrights, database rights, topographical rights, know-how, moral rights, rights in inventions and ideas and rights to confidence together with any right to apply for any such intellectual property rights and the benefit of any applications for any such intellectual property rights.
The official organisation or accredited registrars responsible for the registration and maintenance of domain names within TLD specific zones: Nominet for all .uk domains (http://www.nominet.org.uk.); ICANN for .com, .net, .org, .info, .name, .biz, (http://www.icann.org/); EURID for .eu (http://www.eurid.eu/); Centra lNIC for .uk.com, .gb.com, .cc .tv (http://www.centralnic.uk.com/).
Servers, computers, storage devices and media, or any other equipment it so uses on its networked LAN or WAN for providing Services to the Buyer.
A request made by the Buyer for Services to be supplied subject to this Agreement.
Payments for Services rendered owed by the Buyer and which remain unpaid by the Buyer.
Party / Parties
Design & Event Planning.com and hereinafter called the Buyer.
The frequency of payment by the Buyer for Services rendered to the Buyer, as selected by the Buyer: typically monthly, quarterly, half yearly, or yearly in advance.
A service confirmation sent by Design & Event Planning.com to the Buyer acknowledging the Buyer's Order, and which may be submitted to the Buyer via e-mail, or postal letter, or any other form that is in effect at the time of Order.
The period between the Commencement Date and the date upon which this Agreement is terminated in accordance with the provisions of this Agreement.
The provision of services related to internet connectivity, co-location, dedicated-server and virtual private server, shared virtual web and e-mail hosting, domain registration and any other hosting and non-hosting products and services that Design & Event Planning.com may offer to the Buyer from time to time.
Support Operational Hours
The operational hours under which Design & Event Planning.com's support staff are available to the Buyer to provide support and which are available at the following web site address: http://www.Design & Event Planning Ltd/support/.
Third Party Software
All software that is identified by Design & Event Planning.com as belonging to a Third Party.
A Person who is not a party to this Agreement.
Value Added Tax, currently at seventeen point five per cent (17.5%).
Design & Event Planning.com's main web site located at: http://www.Design & Event Planning Ltd/
1.2 Interpretations and Reference
In this Agreement words denoting the singular include the plural and vice versa and words denoting any gender include all genders.
The words "include", "included", "includes", and "including" are to be construed without limitation.
The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
"Clauses" are referenced to clauses to this Agreement.
"Persons" include a reference to person, individual, corporate, unincorporated association or partnership, firm, State or Agency of the State or any undertaking whether or not having separate legal personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists.
References to a statute, statutory instrument, regulation, order or licence is a reference to that statute, statutory instrument, regulation, order or licence as substituted, varied or re-enacted from time to time, unless the context otherwise requires.
2 General Terms and Conditions
The terms of this Agreement do not affect the Buyer's statutory rights under applicable consumer protection legislation (where the Buyer deals as consumer), as amended from time to time, including the:
The Supply of Goods and Services Act 1982;
Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999; and
The Consumer Protection (Distance Selling) Regulations 2000.
Any failure or delay to enforce a provision of this Agreement shall not constitute a waiver thereof or of any other provision.
The Clauses within this Agreement shall apply and be incorporated into any Agreement between the Buyer and Design & Event Planning.com relating to the supply of Services ordered by the Buyer. This Agreement is not an offer to provide the Services, rather it is a statement of the terms under which the Services ordered by the Buyer from Design & Event Planning.com will be supplied to the Buyer by Design & Event Planning.com. The Agreement shall apply to all Buyers with no variation or addition by the Buyer unless first agreed in writing in advance with Design & Event Planning.com.
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes any prior oral or written agreements, and all contemporaneous oral communications.
The Buyer acknowledges that the Buyer has relevant experience and knowledge of the internet, its function, the various Third Party Software used for the internet, and the Services provided by Design & Event Planning.com in connection with this Agreement and that Design & Event Planning.com has no obligation to:
train the Buyer to use any of the Services supplied by Design & Event Planning.com;
treat, validate, manipulate, handle or change any Data Material which the Buyer is using or intending on using with the Services supplied by Design & Event Planning.com; nor scrutinise, nor determine the suitability, usability, legality, or erroneous nature of such Data Material.
The Services provided by Design & Event Planning.com under this Agreement are delivered on the internet and, as such, the Buyer acknowledges that, due to the nature of the internet and any services supplied on it, these Services are neither guaranteed to be uninterrupted nor error-free.
Design & Event Planning.com shall use reasonable care and skill in providing the Services to the Buyer and the Buyer acknowledges that the Services shall be subject to: (i) routine maintenance from time to time, and (ii) emergency maintenance when it necessitates in order to ensure consistent high performance of the Services for the Buyer.
Without prejudice to Design & Event Planning.com's other rights and remedies, Design & Event Planning.com shall not be liable for any failure to provide any Services to the Buyer as a result of any breach of this Agreement by the Buyer, or the Buyer's employees, agents, affiliates, or sub-contractors.
To the fullest extent permitted by law, and unless stated within this Agreement, Design & Event Planning.com gives no warranty or representation, express nor implied, that the Services supplied shall: (i) meet the Buyer's requirements or needs; nor (ii) be timely, accurate, complete, secure, error-free or provided on an uninterrupted basis. The Buyer acknowledges that it has taken independent advice and is acquiring the Services from Design & Event Planning.com on an "as is" and "as available" basis.
To the extent permitted by law, Design & Event Planning.com shall not be liable to the Buyer unless stated otherwise in this Agreement and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to the Buyer.
Links to, content from and other value-added products from Third Party websites are provided by Design & Event Planning.com on its Website solely for the Buyer's convenience or to enhance the Services supplied by Design & Event Planning.com. If the Buyer uses such links or products, the Buyer is leaving the Website. Design & Event Planning.com does not review all of these Third Party websites and does not control and is not responsible for these websites, their content or availability. Design & Event Planning.com does not make any representations about such Third Party websites, or any material found on such Third Party websites, or any results that may be obtained from using them. If the Buyer decides to access any of the Third Party websites linked to the Website, the Buyer does so entirely at its own risk.
3 Supply of Services
This Agreement is concluded when the Buyer places an Order for Services with Design & Event Planning.com and makes payment for such Services on the Website.
The Buyer's Services shall be activated upon the date when the Service Confirmation is sent by Design & Event Planning.com to the Buyer.
Design & Event Planning.com shall supply the Services to the Buyer in accordance with this Agreement, as soon as it is reasonably practicable and with all reasonable endeavours to do so in a timely manner. Design & Event Planning.com shall not be liable to the Buyer should it fail to meet any timescale expectation of the Buyer.
Design & Event Planning.com shall inform the Buyer of any delays to the Services as soon as it is reasonably practicable and shall provide the Buyer with the possibility of a full refund of any Charges already paid by the Buyer for Services rendered where it is unable to deliver the Services within thirty (30) days from the Commencement Date.
Design & Event Planning.com shall not supply any Services which are not published on the Website or without prior written confirmation from Design & Event Planning.com to the Buyer, and shall not be liable for any losses the Buyer may suffer as a result.
Design & Event Planning.com may, at the time of the Buyer's Order, or from time to time and at short notice, modify, substitute, update, or change any part of its Services, including software and equipment, to the Buyer as long as this does not materially affect the performance of such Services and shall use reasonable endeavours to give the Buyer advance notice when reasonably practicable to do so.
Services from Design & Event Planning.com are supplied for the initial Hosting Period requested in the Order, whereafter this Agreement may be renewed for further Hosting Periods, as explained in Clause 4.3 below.
This Agreement terminates when the Buyer ceases payment for Services for any Hosting Period from Design & Event Planning.com, or otherwise in accordance with the Termination provisions at Clause 17 of this Agreement.
4 Charges and Payment Terms
All Charges quoted are exclusive of VAT unless otherwise stated.
Charges and Additional Charges for all Services are payable in full and in advance.
Prior to the end of any Hosting Period, Design & Event Planning.com shall send a payment request to the Buyer for the next Hosting Period. The Buyer is responsible for ensuring that Design & Event Planning.com has received cleared funds for the full amount one (1) day prior to the expiry of any Hosting Period in order to ensure continuity of Services supplied.
If, upon receipt of a payment request in accordance with Clause 4.3 above, the Buyer pays Charges due for the next Hosting Period in order to ensure continuity of Services, the Buyer shall then be sent a VAT receipt from Design & Event Planning.com summarising Charges paid and Services due under this Agreement for the next Hosting Period.
Design & Event Planning.com shall not offer credit facilities to Buyers for any Services supplied.
The Buyer shall be responsible for any and all expenses incurred by Design & Event Planning.com in addition to any Outstanding Charges and shall pay interest on them (before and after judgement) at an annual rate of 5% above the base lending rate of Barclays Bank plc calculated Design & Event Planning.com until payment is made in full.
Design & Event Planning.com shall only accept payment of any Charges or Additional Charges by the Buyer by a valid Credit or Debit card or any other payment method as specified on the Website from time to time.
The Buyer acknowledges that the Charges or Additional Charges are exclusive of any telecommunication charges, including connectivity to the Internet. All telecommunication charges incurred by the Buyer in connection with the use of the Services remain solely at all times the responsibility of the Buyer. Design & Event Planning.com does not accept liability or responsibility for any such charges.
5 Buyer's Obligations
The Buyer warrants that it shall:
be responsible for keeping a frequent and secure offsite back-up copy of all their Data Material used with Design & Event Planning.comís Services, in addition to any back-up services provided by Design & Event Planning.com;
ensure that all passwords and login details for any Services received from Design & Event Planning.com are kept securely and confidential, and if the Buyer becomes aware of any unauthorised use or access of any Services, to promptly notify Design & Event Planning.com in addition to changing any passwords to the relevant Services, if possible, and as soon as is practicable;
ensure that any Data Material used in conjunction with any Services are regularly: (i) tested for Computer Viruses; or (ii) updated with any security patches or any other patches to its Data Materials when necessary.
be liable for any damages or costs that may arise as a result of the Buyer's breach of this Agreement;
diligently and regularly monitor its bandwidth usage to ensure that it is not breaching the bandwidth restrictions on certain Services that Design & Event Planning.com supplies, and shall be responsible for paying for any Bandwidth Surcharge Costs that may be levied in the event of breaching any such restrictions;
ensure that the Buyer's information provided to Design & Event Planning.com and that Design & Event Planning.com holds securely on its records are always up-to-date and shall promptly notify Design & Event Planning.com in the event of any changes, in particular, as regards any changes to the Buyer's full contact address, contact telephone numbers, contact email addresses, billing details such as credit cards or banking details for account maintenance purposes;
obtain any insurance that may be required for the provision of Services and supply a copy of the relevant insurance confirmation certificate, as requested by Design & Event Planning.com;
use Design & Event Planning.com's Services for legitimate and lawful purposes only;
allow Design & Event Planning.com access to the Buyer's Data Material to check for any infringements of the Buyer's obligations under this Agreement, and, when the situation necessitates, to remove or disable any such infringements from time to time;
allow Design & Event Planning.com access to the Buyer's Data Material where such Data Material is disrupting the Network Infrastructure or the Services provided to the Buyer and/or other Buyers of Design & Event Planning.com, in order to remedy the situation, for example, by removing or disabling such Data Material;
act responsibly and not bring Design & Event Planning.com into disrepute;
ensure that it complies at all times with all relevant laws and obligations, including but not limited to the Data Protection Act 1998 and any applicable licence requirements under the Communications Act 2003, and all related laws in any territory in which the Buyer is situated or in which the Buyer's website may be accessed or made available. Design & Event Planning.com shall have no liability under this Agreement for failure to comply with its obligations in any case where the Buyer does not comply with any such relevant laws or obligations;
indemnify Design & Event Planning.com, its officers, partners, employees and agents, without prejudice to any other rights Design & Event Planning.com enjoys, against all claims, losses, liabilities, expenses, fines and penalties of whatsoever the nature may be, that are incurred, levied, presented or imposed by any relevant authority, regulatory body, individual, court of law or party as a result of a breach by the Buyer of this Agreement;
indemnify Design & Event Planning.com, its officers, partners, employees and agents, without prejudice to any other rights Design & Event Planning.com enjoys, against all loss of revenue or value, business profits, indirect or consequential loss, costs and expenses arising from any failure by the Buyer in using the Services, howsoever arising and in accordance with this Agreement.
actively and regularly manage their SPAM mail folder, the mail folder where Design & Event Planning.com's anti-spam software filters off any unsolicited commercial email and to ensure that the Buyer deletes frequently any emails that resides in this folder or move wanted mail to their inbox for back up. Design & Event Planning.com reserves the right to delete automatically, and without notice, any emails inside a Buyer's SPAM mailbox that is older than a month or if large volumes of SPAM mail received by the Buyer is causing disruption to Design & Event Planning.com Network Infrastructure.
6 Acceptable Use Policy
The Buyer further warrants that it shall not:
send, receive, download, post or otherwise use excessively large volumes of Data Material, which may disrupt the Network Infrastructure and Services provided to the Buyer and to other Buyers to which Design & Event Planning.com may supply Services, including, without limitation, common gateway interface ("cgi") scripts utilising excessive amounts of the computer central processing unit ("cpu") and hard-disk read/write functions;
send unsolicited (spam), offensive, indecent or abusive e-mails;
send e-mails for the purpose of committing fraud, phishing, or with the intention of committing a criminal offence;
use the Services in any manner to publish, link, or display unlawful material (as defined by English law and publication regulations or as defined by the laws and regulations of the Buyer's location, situated or resident) and any other material that are pornographic, malicious, abusive, or which encourage acts of violence or terrorism, slander, defamation, or which are in breach of Design & Event Planning.com or any Third Party's Intellectual Property Rights, or which aid the distribution of Computer Viruses or warez;
send, transmit, make available, copy, retransmit, broadcast or publish (whether directly or indirectly) in whatever form any Data Material or other data, information or contractual rights, material or statement which infringes the Intellectual Property Rights or contractual or statutory rights of any Person or legal entity or the laws or statutory regulations relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights and any equivalent or related laws in any territory in which they are or may be accessed or made available;
7 Domain Name Registration and Domain Name Disputes
The Buyer acknowledges that, whilst Design & Event Planning.com shall use its reasonable endeavours to successfully register the requested domain name(s) on behalf of the Buyer, Design & Event Planning.com shall not be obliged to accept any request to register or continue to process any registration of a domain name.
The Buyer agrees that the domain name(s) requested for registration by Design & Event Planning.com or any other domain name which the Buyer uses in association with any Services provided by Design & Event Planning.com shall not infringe any Third party rights or Intellectual Property Rights.
The Buyer shall, at all times when using Services provided by Design & Event Planning.com, abide by all the terms and conditions of the respective Naming Authority.
Design & Event Planning.com does not accept any responsibility nor does it make any warranty that the domain name(s) requested for registration by the Buyer through Design & Event Planning.com shall be accepted by the respective Naming Authority nor available for registration by the Buyer or any other Persons for whatever reason and Design & Event Planning.com shall not be liable whatsoever for any costs that the Buyer may incur if the request for the registration of such domain name(s) is unsuccessful.
Design & Event Planning.com's obligations in relation to domain name registration shall be limited to forwarding the application to the relevant Naming Authority, providing reasonable administration services in relation to the application and notifying the Buyer of the result of the application within a reasonable period after receipt by Design & Event Planning.com of the result of the application from the relevant Naming Authority.
Design & Event Planning.com shall not accept responsibility for any liability to any Third Party as a result of the requested registration of a domain name(s) by the Buyer, or any other domain name(s) used in conjunction with any Services by the Buyer, where such use or registration is in breach of any Third Party's Intellectual Property Rights.
Design & Event Planning.com reserves the right, at its sole discretion, to suspend, postpone or cancel any request to register a domain name(s) in the event that:
the Buyer has materially breached this Agreement or where Design & Event Planning.com believes that it is the Buyerís intention to breach this Agreement; or
there are Outstanding Charges.
The Buyer acknowledges that, should any disputes arise out of the registration of any domain name(s), Design & Event Planning.com is acting under instruction by the Buyer and therefore the Buyer shall resolve any disputes in accordance with the respective Naming Authority's dispute resolution policies:
Nominet - http://www.nominet.org.uk/disputes/ ñ for all .uk domains;
ICANN - http://www.icann.org/udrp/ - for .com, .net .org, .info, .biz, .name, .tv, and .cc; and
Central NIC - http://www.centralnic.com/support/dispute - .uk.com, .uk.net, .gb.com, .gb.net, .de.com, .web.com. .us.com.
MOBI domains - http://www.icann.org/udrp/udrp.htm
8 Money Back Guarantee
Design & Event Planning.com shall provide the Buyer with a Money Back Guarantee on its Services in order to ensure Buyer satisfaction. Design & Event Planning.com shall not accept claims that fall outside the Money Back Guarantee Period.
The Money Back Guarantee is limited to the cost of hosting and does not include costs incurred for any domain name(s) registered for the Buyer nor any excess Bandwidth Surcharge Costs that may have been incurred during the Money Back Guarantee Period.
Save in respect of the Money Back Guarantee and the cancellation rights set out in Clause 13, Buyers are not entitled to a refund, whether pro rata or otherwise, if they cancel this Agreement prior to the end of any Hosting Period.
9 Confidential Information
All Confidential Information of either Party disclosed to or discovered by the other Party as a result of the provision of the Services shall be regarded as disclosed in confidence and shall only be used in connection with the performance of the Parties' obligations under the Agreement. The Confidential Information shall not be passed on to Third Party and/or in any way be made use of at any time either during or after the termination of this Agreement, save with the prior written consent of the Party concerned or where the Confidential Information has already entered the public domain (otherwise than through the unauthorised disclosure by the other Party).
10 IP Address
The Buyer has no right, title or interest in the IP address allocated to the Buyer by Design & Event Planning.com, and any IP address so allocated is allocated as part of the Services and is not portable or otherwise transferable by the Buyer in any manner whatsoever.
If an IP address is renumbered or reallocated by Design & Event Planning.com, Design & Event Planning.com shall use reasonable endeavours to avoid any disruption to the Buyer.
The Buyer shall have no right, title or interest to the IP address upon termination of this Agreement, and the acquisition by the Buyer of a new IP address for the website following termination of this Agreement shall be the exclusive responsibility of the Buyer.
11 Intellectual Property Rights
All Intellectual Property Rights relating to the Services provided by Design & Event Planning.com are and shall remain vested in Design & Event Planning.com at all times for the Service Period and shall continue after the termination of this Agreement.
Nothing contained in this Agreement shall be construed as conferring upon the Buyer any license or right, by implication, estoppel or otherwise, under copyright or any other Intellectual Property Rights.
Nothing in this Agreement shall exclude or restrict Design & Event Planning.com for liability in respect of the death or personal injury or fraud resulting from the negligence of Design & Event Planning.com, its employees or agents.
The Buyer agrees and acknowledges that it is fully responsible for complying with any applicable local laws when accessing the Services supplied by Design & Event Planning.com, irrespective of the location or country from which the connection to the Services originates.
Design & Event Planning.com has the right to pursue its Buyer for any Outstanding Charges or in the event of insolvency, or the passing of a resolution for the winding up of the Buyer. Design & Event Planning.com reserves the right to pursue the receiver, liquidator, manager, administrator or administrative receiver appointed to handle all or parts of the assets of the Buyer.
Design & Event Planning.com's maximum liability for any claim against Design & Event Planning.com by the Buyer under this Agreement, is limited to the total Charges and Additional Charges paid by the Buyer for the specific Services related to the claim in the preceding twelve (12) months commencing from the date of the claim (excluding VAT and out of pocket expenses).
13 Cancellation Rights
Any Buyer buying as a consumer has the unreserved right to cancel this Agreement at no cost and without any reason within seven (7) days from the date of receipt of the Service Confirmation.
The Buyer may exercise the right of cancellation by notifying Design & Event Planning.com in writing by post, by fax or by telephone, in accordance with Clause 19.
The Buyer agrees that the Buyer shall no longer have this cancellation right once Design & Event Planning.com has commenced provision of the Services.
14 Data Protection
All information, mail messages and other data stored on Design & Event Planning.com's computer system shall be treated as private and solely the property of the Buyer at all times and shall not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Buyer and/or for the purpose of the Buyer's back-up services and/or providing the Buyer with the Services and/or for Design & Event Planning.com's own internal purposes such as market research.
Design & Event Planning.com expressly points out to the Buyer that by entering into this Agreement the Buyer acknowledges that once the Buyer's unencrypted Data Material passes on to the internet, it is not secure and is open to unscrupulous use. Design & Event Planning.com cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Buyer and Design & Event Planning.com recommends the use of encryption for the transfer of sensitive data or information.
The Buyer accepts that Design & Event Planning.com shall put its name on its mailing list for the receipt of product information and other advertising material concerning similar products and services from Design & Event Planning.com. Where the Buyer is a consumer, the Buyer may inform Design & Event Planning.com in writing at its Correspondence Address that it does not wish to receive such material, whereupon Design & Event Planning.com will remove the Buyer from any mailing lists.
The Buyer shall address any complaints concerning the provision of the Services to Design & Event Planning.com in writing, by post, fax or email, in accordance with Clause 19. In addition, the Buyer may email a complaint to Design & Event Planning.com at complaint@Design & Event Planning.com.
16 Force Majeure
If Design & Event Planning.com suffers from a Force Majeure Event it shall not be deemed to be in breach of this Agreement or otherwise liable to the Buyer for any failure or delay in performance or any non-performance of any obligations under this Agreement (and the time for performance shall be extended accordingly).
Design & Event Planning.com reserves the right, without any prejudice to any Clauses within this Agreement and any other rights it is entitled to, to terminate this Agreement without any notice upon any of the following events:
any Charges or Additional Charges for Services supplied or any Outstanding Charges remain unpaid for more than ten (10) calendar days;
the Buyer is in breach of any of its obligations under Clause 4 and Clause 5 of this Agreement;
the Buyer materially breaches this Agreement and fails to remedy the breach within twenty (20) calendar days of receipt by the Buyer of written notice from Design & Event Planning.com requesting that the breach be remedied, stating the nature of the breach and indicating that failure to remedy the breach may result in the termination of this Agreement
Either Party may at any time terminate any Service by serving the other Party with a written notice signed by a duly authorised representative if:
the other Party shall become bankrupt and subject to a voluntary arrangement under Section 1 of the Insolvency Act 1986 or is unable to pay its debt under Section 123 of the Insolvency Act 1986; or
the other Party has ceased trading or threatens to cease trading.
18 Effects of Termination
All Clauses within this Agreement which continue to have effect after the termination of this Agreement shall continue to be enforceable notwithstanding termination.
Without any prejudice to any Clauses within this Agreement and any other rights to which Design & Event Planning.com is entitled, the Buyer shall pay all Outstanding Charges, if any, that fall due at the time of the termination of this Agreement.
The Buyer shall cease using all Services at termination and Design & Event Planning.com reserves the write to prevent access by changing login details to the Services without notice following termination.
Design & Event Planning.com reserves the right to erase, remove or delete any Data Material from its Network Infrastructure without notice and without any liability to the Buyer following the termination of this Agreement and the Buyer shall ensure that it has taken a full back-up copy of its Data Material prior to termination.
Following the termination of this Agreement, Design & Event Planning.com reserves the right to cease hosting the Buyer's domain names without notice, whereupon the Buyer shall become solely responsible for renewing its domain names with the relevant Naming Authority or through another host provider.
Any notice to be given or made by either Party under or in connection with this Agreement must be in writing and given or made to the Buyer at its address stated on the Order, and to Design & Event Planning.com at its Correspondence Address or to such other address as either Party may from time to time notify to each other. Every notice, if so addressed, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant Party, if sent by pre-paid first-class post, two (2) calendar days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by pre-paid first-class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a Business Day or after 4.00 p.m. on a Business Day, such notice shall be deemed to be given or made at 9.00 a.m. on the next Business Day. The Parties may additionally serve notice on each other by email to (i) the Buyer's contact email address as stated on the Order, or (ii) in the case of Design & Event Planning.com, to the Correspondence Address . In the event of notice by email transmission, emails shall be deemed sent once transmitted from the relevant email server.
20 The E-Commerce Regulations 2002
The following information is provided to Buyers in compliance with the provisions of The Electronic Commerce (EC Directive) Regulations 2002, as amended from time to time:
The following are steps to be taken by the Buyer to place an Order using the Website. Orders may only be placed in the English language. Orders will be acknowledged by a Service Confirmation within twenty-four (24) hours from placing the Order. In order to place an Order the Buyer needs to follow the steps shown on the Website.
The Buyer may check to see whether an Order has been placed correctly and, if necessary, correct any errors by logging into Design & Event Planning.com's control panel on the Website and clicking "My Account" then "Invoices" on the menu and following the instructions.
Once an Order has been placed it shall be filled by Design & Event Planning.com and shall be accessible to the Buyer as soon as is reasonably practicable.
The Website is owned and operated by Design & Event Planning.com Internet Limited registered in England and Wales under Company number 6227488..
The Buyer may contact Design & Event Planning.com by calling 01446792028 during the Operational Hours, by writing to Design & Event Planning.com at its Correspondence Address or by sending an email to Design & Event Planning.com at helpdesk@Design & Event Planning.com.
Design & Event Planning.com is not registered for VAT purposes .
The Buyer shall not assign, transfer, sub-license or sub-contract any obligations, in part or in whole, under this Agreement to any Third Party without obtaining the prior written consent of Design & Event Planning.com, such consent not to be unreasonably withheld.
22 Third Party Rights
Nothing in this Agreement shall be taken as granting any rights expressly or impliedly whether contractual or statutory to persons other than Design & Event Planning.com and the Buyer, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been set forth herein, and the provisions of this Agreement shall be observed and the obligations herein carried out according to this Agreement's original terms.
This Agreement, and all disputes and claims arising out of or in connection with it, shall be governed by the laws of England & Wales. The Buyer irrevocably and unconditionally agrees with Design & Event Planning.com that the English courts shall have exclusive jurisdiction over all such disputes or claims arising hereunder
Acceptable Use Policy
The Buyer warrants that it shall not:
* send or receive excessively large volumes of e-mails, with or without attachments, which can cause a disruption to the Network Infrastructure and Services provided to the Buyer and to other Buyers to which Design & Event Planning.com may supply the Services;
* send unsolicited (spam), offensive, indecent or abusive e-mails;
* send e-mails for the purpose of committing fraud, phishing, or with the intention of committing a criminal offence;
* use the Services in any manner to publish, link, or display unlawful material (as defined by English law and publication regulations or as defined by the laws and regulations of the Buyer's location, situated or resident) and any other material that are pornographic, malicious, abusive, or which encourage acts of violence or terrorism, slander, defamation, or which are in breach of Design & Event Planning.com or any Third Party's Intellectual Property Rights, or which aid the distribution of Computer Viruses or warez;
* send, transmit, make available, copy, retransmit, broadcast or publish (whether directly or indirectly) in whatever form any data, information or contractual rights, material or statement which infringes the Intellectual Property Rights or contractual or statutory rights of any Person or legal entity or the laws or statutory regulations relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights and any equivalent or related laws in any territory in which they are or may be accessed or made available;