Terms And Conditions
WEBSITE TERMS AND CONDITIONS for Book Blackpool Hotels (www.bookblackpoolhotels.co.uk)
All Users of services provided by Book Blackpool Hotels, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.
This Agreement is made between Book Blackpool Hotels (www.bookblackpoolhotels.co.uk) 11 Gresham Road, Thornton Cleveleys, Lancashire, FY5 3EE and you, the User.
The following constitute the terms and conditions under which Book Blackpool Hotels trades and supplies its services and related products.
Any agreed variation or alteration to part of these terms and conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order. Book Blackpool Hotels is entitled to suspend services if the User does not adhere to any or several conditions of this Contract.
GLOSSARY OF TERMS
We ("Website", "Website Owner", "we", "us", "our") means Book Blackpool Hotels www.bookblackpoolhotels.co.uk or any party acting on the Website Owner's implicit instructions.
You ("you", "your", "User", "Customer" or "Client") means the person/s purchasing the services or any party acting on their instructions.
Server means the computer server equipment operated by us in connection with the provision of the Services.
Service ("Service", "Services ") means domain name registration, website hosting, bandwidth provision, email, e-commerce solutions, support, development, training and any other service or facility provided by us to you.
Website ("Website", Web Site") means the area on the Server allocated by us to you for use by you as a site on the Internet.
Bandwidth means the allocated transmission capacity, measured in bits per second, of the network connection
Internet means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Intermit Protocol) Internet Standards which means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate or amendments whereto from time to time.
Contract means the agreement between Book Blackpool Hotels and the User incorporating these conditions, and Book Blackpool Hotels charges for the provision of these services.
1. WEBSITE HOSTING AND EMAIL
1.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
1.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
1.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
1.4 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.
1.5 You will not post, link to or transmit:
Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
Any material containing a virus or other hostile computer program.
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.
1.6 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.
1.7 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
1.8 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content.
1.9 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 loss, theft or unauthorised disclosure of your password or other security information.
1.10 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.
1.11 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
1.12 In the case of an individual User, you warrant that you are at least 16 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 16 years.
1.13 Any access to other networks connected to www.bookblackpoolhotels.co.uk must comply with the rules appropriate for those other networks.
1.14 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.
2.1 You are not permitted to resell Book Blackpool Hotels service without the express permission of Book Blackpool Hotels. Reselling Book Blackpool Hotels service will result in the immediate cancellation of your account unless otherwise agreed.
3. SERVICE AVAILABILITY
3.1 We shall use our reasonable endeavours to make available to you at all times our network, servers and services but we shall not, in any event, be liable for interruptions of service or down-time of our network or servers.
3.2 We shall have the right to suspend the services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
3.3 Book Blackpool Hotels may:
temporarily suspend for the purpose of repair, maintenance or improvement, part or all of Book Blackpool Hotels Services, generally without notice. We will use reasonable efforts to keep interruptions as brief as possible, and undertake to use all reasonable endeavours to restore Services as soon as practicable after any such suspension.
give or update instructions regarding the use of the Service which in Book Blackpool Hotels reasonable opinion is necessary in the interests of safety, or to maintain or improve the quality of Services to Book Blackpool Hotels clients, and any such instructions shall whilst they are in force, be deemed to form part of any Contract.
vary the technical specification of Service for operational reasons.
3.4 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. 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; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Unless otherwise stated all website, CMS (content management system) and ecommerce solutions, trademarks, designs, graphics and all other intellectual property rights remain the property of Book Blackpool Hotels. You acknowledge that some of our Services are provided under license to us by third parties.
5. BANDWIDTH UTILISATION
5.1 Book Blackpool Hotels offers no bandwidth restriction but operates a Responsible Usage policy, which allows us to maintain a fast and stable platform for all our customers.
5.2 Book Blackpool Hotels reserves the right to suspend any Web site or User which is adversely affecting the other sites on our ISP, or impacting on other client services.
6.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.
6.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card then you authorise Book Blackpool Hotels to debit your account or service renewal fees from your card. Payments may also be made by cheque.
6.3 All payments must be in UK Pounds Sterling unless otherwise agreed with Book Blackpool Hotels .
6.4 If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
6.5 Any chargeback issued to your bank when a payment is legitimately taken in accordance with our terms and conditions will lead to immediate suspension of your services and a £25 administration fee charged.
6.6 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 forthwith to suspend the provision of Services to you.
6.7 If an account goes unpaid for at least seven days, a £10.00 late payment fee will be applied.
6.8 If an account goes unpaid for at least ten days, the account and its associated services are suspended. A £25 reactivation fee will apply should you decide to continue with the Service.
6.9 If an account goes unpaid for at least thirty days, the account and its associated services are terminated.
6.10 Once an account has a suspended status, access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself is permanently deleted after ten days of account suspension.
6.11 Should access to files, databases and other content be required before they are deleted, account reactivation will be required.
6.12 You shall be liable for and shall indemnify Book Blackpool Hotels against all costs and expenses incurred by Book Blackpool Hotels in respect of any steps, actions or proceedings made or brought against you by Book Blackpool Hotels to obtain payment of outstanding charges and interest.
7.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
7.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
7.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
7.4 No refunds will be made for Services suspended in accordance with 9.1, 9.2 and 9.3.
7.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time.
7.6 For so long as any sum due to Book Blackpool Hotels hereunder is unpaid or any other amount is due to or properly claimed by Book Blackpool Hotels from you for services or goods supplied or for any other reason, whether pursuant to these terms or otherwise, Book Blackpool Hotels shall be entitled to retain any property owned by you or lawfully in your custody or possession and which is held by Book Blackpool Hotels or by its agents until such time as all amounts due to Book Blackpool Hotels are paid and/or any issue between you and Book Blackpool Hotels is determined.
7.7 Book Blackpool Hotels waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by Book Blackpool Hotels in acting upon a breach is not to be regarded in itself as a waive.
7.8 Book Blackpool Hotels reserves the right to terminate this Contract by giving to you not less than 30 days prior written notice of termination.
7.9 Your notice does not avoid any other liability for Service already provided.
8. MATTERS BEYOND BOOK BLACKPOOL HOTELS REASONABLE CONTROL
8.1 Book Blackpool Hotels is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.
9.1 You acknowledge that Book Blackpool Hotels has no control over the information transmitted via the Service and that Book Blackpool Hotels does not examine the use to which you put the Service or the nature of the information you are sending or receiving. Book Blackpool Hotels hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.
9.2 Book Blackpool Hotels undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.
9.3 Book Blackpool Hotels is not in any way liable in contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
9.4 Book Blackpool Hotels makes no warranty as regards to its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and Service interruptions.
9.5 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, subject always to subclause 11.6
9.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
9.7 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.
9.8 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
9.9 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
10.1 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 this Agreement.
11.1 You acknowledge that Book Blackpool Hotels has no control over the information transmitted via the Service and that Book Blackpool Hotels does not examine the use to which you put the Service or the nature of the information you are sending or receiving. Book Blackpool Hotels hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.
11.2 Book Blackpool Hotels undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.
11.3 Book Blackpool Hotels is not in any way liable in contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
11.4 Book Blackpool Hotels makes no warranty as regards to its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and Service interruptions.
11.5 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, subject always to subclause 13.6
11.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
11.7 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.
11.8 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising
11.9 You, the client are responsible for the detailed examination of the website prior to the live activation of the website. Book Blackpool Hotels will not be held responsible for any inaccuracies, errors, delays or inaccessability arising from the site or the host for any reason whatsoever. 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.
12.1 Book Blackpool Hotels reserves the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
13.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery 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 two days following the date of posting.
14. APPLICABLE LAW
14.1 This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
15.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
16. ENTIRE AGREEMENT
16.1 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 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.