Terms & Conditions

Encouragements is an initiative from Khoo Seller (and Church Pages!) So, welcome to the Khoo Seller terms and conditions for use. These terms and conditions apply to the use of our services and by accepting our services you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use our services.

If you have any questions relating to these terms and conditions please contact our Customer Service team by e-mail.

1. Definitions

1 In this Agreement, the following expressions shall have the following meanings:

1.1 Khoo Seller means Khoo Seller Limited whose registered offices are at 160 Eureka Park, Ashford, Kent, TN25 4AZ.

1.2 "We/us" means Khoo Seller Limited and "You" means The Customer and/or The Client of the Services.

1.3 The Agreement: the agreement consisting of these Terms and Conditions, the Order Form Acceptance and the AUP.

1.4 The AUP: the Acceptable Use Policy set out by Khooseller Limited for the use Khooseller Limited.’s facilities.

1.5 Confidential Information means information that is identified as confidential or proprietary by Khoo Seller Limited.

1.6 Fees means the fees due for the provision of the Services as calculated by Khooseller Limited together with any Value Added Tax or other taxes or dues payable thereon.

1.7 Headings are included in these terms and conditions for ease of reference only and have no other significance. For the avoidance of doubt, all terms and conditions under every heading are included in any contract incorporating these terms and conditions irrespective of the service to be provided.

1.8 Inappropriate Material: material that under the laws of any jurisdiction where the material can be accessed or stored, is or may be considered to be, any of the following: - unlawful, threatening, abusive, harmful, malicious, obscene, pornographic, profane, libelous, defamatory, infringes any Intellectual Property Rights, constitutes or encourages a criminal offence or contains a virus, worm, Trojan horse or other harmful code, or may be damaging to any other person or body.

1.9 Intellectual Property Rights: copyrights, patents, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know- how, rights to confidence and other intellectual and industrial property rights in all parts of the world.

1.10 Material: text, graphics, images, sound, video or any combination thereof.

1.11 Khooseller Limited.’s Server: the computer server equipment operated by Khoo Seller Limited in connection with the provision of the Services.

1.12 Khooseller Limited.’s Website: the Website located at or such other Internet address as may be adopted by Khoo Seller Limited from time to time.

1.13 Netiquette: generally accepted standards of conduct relating to the use of the Internet. Netiquette shall include the exclusion of the following:

1.13.1 the sending of unsolicited mass e-mail,

1.13.2 the impersonating of another person, persons, corporation or body,

1.13.3 the representation, either directly or by innuendo, that there is authorization from another person or body when no such authorisation exists. Where there is a dispute as to what constitutes Netiquette, the decision of Khoo Seller Limited shall be binding on all parties.

1.14 Order Form: a form provided by Khoo Seller Limited whereby you has indicated which Services it requires and its agreement to these terms and conditions governing such provision which form of request has been accepted by Khoo Seller Limited.

1.15 Relevant Legislation: such laws of England and Wales and your country as relate to data protection and any laws of England and Wales and your country governing Inappropriate Material.

1.16 Services: the services identified on the Order Form Acceptance to be provided by Khoo Seller Limited.

1.17 Order Form Acceptance: an Order Form that has been completed, signed and returned to Khoo Seller Limited by the Client, which Order Form has been accepted by Khooseller Limited.

1.18 Website: a website on the World Wide Web.

1.19 Term: the period of time that the agreement shall be in force as specified in the Order Form Acceptance.

1.20 You and/or The Client: the person, persons, corporation or other body referred to as either you or as the Client on the Order Form Acceptance. For the avoidance of doubt, the words should be read as interchangeable.

1.21 Reasonable Endeavours: acting with due diligence, and where due diligence has been so exercised, the party required to use reasonable endeavour shall be deemed to have performed the said obligation under this agreement.

2. Payment and Services

2.1 In consideration of the Fees payable by you, Khoo Seller Limited agrees to provide the Services. You agrees to make payment for the Services as follows:

2.1.1 By debit or credit card payment at the time of making the order; or

2.1.2 By invoice, such invoice to be paid within 30 days of the invoice date; or

2.1.3 Where payment is by direct debit or standing order it shall be paid on the date specified by Khoo Seller Limited into Khoo Seller Limited nominated bank account;

2.2 If you fail to make any payment that is due and payable under this Agreement, Khoo Seller Limited shall be entitled, without limiting any other rights it may have:

2.3 To charge interest on the outstanding amount at the rate of 4% above the base rate from time to time of Starling. from the due date until the outstanding amount is paid in full. The interest will be calculated on the amount overdue on the 15th day of each month; and

2.4 To suspend the Service until payment together with interest or other charges is received in full in cleared funds.

2.5 Non-delivery or non-performance of services by any third party other than Khooseller Limited.’s sub-contractors shall not give you any right to delay any payment to Khooseller Limited or to make any claim whatsoever against Khooseller Limited.

2.6 If Khooseller Limited does not receive payment in full within 14 days of the date of a payment becoming due it may terminate this Agreement without further obligation to you.

2.7 For the purposes of this Agreement, time of payment is of the essence.

2.8 Khooseller reserve the right to offer discretionary discounts, subject to request by recipient and approval by an Khooseller Director.

3. Indemnity

3.1 You hereby agree fully to indemnify, keep indemnified and hold harmless Khooseller Limited, its officers, employees, agents, sub-contractors and affiliated companies from and against any and all costs, claims, losses, damages or liability (whether civil or criminal) and expenses (including, but not limited to, legal fees) sustained or incurred by Khooseller Limited or its any of its officers, employees, agents, sub-contractors or affiliated companies directly or indirectly and in any jurisdiction as a result of:

3.1.1 the provision by Khooseller Limited of the Services

3.1.2 any breach by you of any of its warranties, agreed conditions or representations contained in, or associated with, this Agreement; or

3.1.3 any content, material or required mode of operation, supplied or specified by you, for the Service.

4. Customer Authorisation and Obligations

4.1 You hereby appoint Khooseller Limited to act on its behalf in conjunction with the provision of the Services.

4.2 You will provide to Khooseller Limited the information required by Khooseller Limited. You acknowledge and accept that to enable Khooseller Limited properly to provide the Services it must co-operate with Khooseller Limited as required by Khooseller Limited. Without limiting the generality of the foregoing you agrees as follows:

4.2.1 to provide Khooseller Limited with accurate details of its e-mail and physical addresses and promptly notify Khooseller Limited in writing of any alterations thereto from time to time;

4.2.2 to obtain the consent of individuals whose personal data are to be held on a domain name register or are otherwise provided to Khooseller Limited;

4.2.3 to keep any Customer's user ID issued to you and all other security items issued to you secure so that such ID or item is only used by you or those authorised by you; and

4.2.4 you acknowledge and accept that you are responsible for the security and proper use of all user IDs and other security items used in connection with the Service and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people. Khooseller Limited will have no liability whatsoever in regard to the use or misuse of any such user IDs and other security items by any third parties whether authorised by you or not.

4.2.5 you acknowledge and accept that all user IDs, other security items or codes giving access to any systems, developed websites or programs or otherwise, used in connection with the Service, may only be used by you, or anyone acting on its behalf, for the purposes authorised by Khooseller Limited. You shall indemnify Khooseller Limited in respect of any misuse or unauthorised use thereof. Khooseller Limited will have no liability whatsoever in regard to the misuse or unauthorised use of any such user IDs and other security items by you or any third parties whether authorised by you or not.

4.2.6 Khooseller Limited reserves the right to suspend access to the Services if at any time Khooseller Limited considers there is or is likely to be a breach of security;

4.2.7 you agree that Khooseller Limited is authorised to act on instructions that contain your consent within any form of communication.

4.3 It is a condition that you will not contravene the AUP.

5. Khooseller Limited Warranties

5.1 Khooseller Limited warrants that it will make Reasonable Endeavours to provide the Services. It is hereby acknowledged that because the Services are provided by means of computer and telecommunication systems, Khooseller Limited gives no warranties or representations that any Service will be uninterrupted or error- free. Where the Service is so interrupted by or subjected to error through fault or otherwise of equipment or of line or other forms of communication not under the direct control of Khooseller Limited, such interruption or errors shall not be considered to be a breach of this warranty or of this agreement.

5.2 In providing the Services, Khooseller Limited shall do so to the standard that Khooseller Limited considers appropriate and having regard to the nature of services generally required by its customers.

5.3 Except as expressly stated in this agreement (and in so far as required by law where you are a consumer as defined in the Unfair Terms in Consumer Contracts Regulations 1999) all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and durability and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided.

6. Limitation of Liability

6.1 You shall not use the Services in any circumstances where the provision of the Services, the non-performance of the Service or the negligent performance of the Services, could cause personal injury or death to any person.

6.2 You are satisfied, as far as it is able, as to the truthfulness and reliability of any statements made by Khooseller Limited or on Khooseller Limited.’s behalf.

6.3 The liability of Khooseller Limited arising out of any tort, breach of duty (statutory or otherwise), breach of this agreement or other liability is limited to a sum equal to the Fee in the period of 12 months preceding the event giving rise to the liability for the service out of which the alleged tort or breach has arisen.

6.4 Khooseller Limited will not be liable for any indirect or consequential loss or damage whatsoever suffered by you or any other person or body. Where any person or body not a party to this agreement shall allege that they have suffered any such loss as a result of the provision of Services under this agreement and claim from Khooseller Limited, you shall indemnify Khooseller Limited in respect thereof. Without limiting the generality of the foregoing such loss referred to in this paragraph shall include loss of business, loss of opportunity, loss of profits and shall include losses arising as a result of the disclosure of your password or other security information.

6.5 Where Khooseller Limited gives advice to you (or to a third party on behalf of, or at the request of you) whether Khooseller Limited has been advised of the possibility of specified losses or damages arising out of such advice, or not, Khooseller Limited shall not be liable for any loss of damage arising from that advice.

6.6 The liability of Khooseller Limited for any damages arising from the provision of the Service contracted for under this agreement, including, but not by way of limitation, any breach of this agreement, shall be deemed to terminate 12 months after the date on which you ought reasonably to have known of the event giving rise to the liability.

7. Termination

7.1 Khooseller Limited may terminate this Agreement by notice in writing to you having immediate effect if:

7.1.1 you are in breach of any of its obligations under this Agreement;

7.1.2 you are a company and you become unable to pay its debts as defined by section 123 of the Insolvency Act 1986; or

7.1.3 you are a company and a resolution is passed for its winding up or a petition for its liquidation is presented; or

7.1.4 you are an individual and a petition for bankruptcy is presented against it; or

7.1.5 a receiver or liquidator (where you are a company) or (where you are an individual) a trustee in bankruptcy is appointed over it or any of its assets; or

7.1.6 you propose or enter into any arrangement or composition with or for its creditors (including any voluntary arrangement).

7.2 In the event that any of the circumstances identified in clause 7.1 arises, Khooseller Limited shall have the option to terminate this Agreement in its entirety, or, at Khooseller Limited option, to terminate the provision of selected services only, the services terminated being in the absolute discretion of Khooseller Limited.

7.3 In the event that any of the circumstances identified in clause 7.1 arises, Khooseller Limited shall be entitled to retain any sums paid to it by you hereunder and to recover any sums due to it pursuant hereto whether invoiced or not at the date of termination.

7.4 Either party may terminate this Agreement, after the minimum period of the Term when applicable, on 30 days written notice served in accordance with clause 10 (Notices).

8. Confidentiality

8.1 Each of the parties agree, subject to the other provisions of this clause, not to:

8.1.1 disclose any Confidential Information received from the other party; or

8.1.2 make any use of any such Confidential Information other than for the purposes of the performance of this Agreement.

8.2 Each party may disclose Confidential Information received from the other to its responsible employees, consultants, sub-contractors or suppliers who need to receive the information in the course of performance of this Agreement.

8.3 The confidentiality obligations under clause 8.1 shall not apply to any information which

8.3.1 is or subsequently becomes available to the general public other than through a breach of this agreement; or

8.3.2 is already known to the receiving party before disclosure by the disclosing party; or

8.3.3 is developed through the independent efforts of the receiving party; or

8.3.4 the receiving party rightfully receives from a third party without restriction as to use.

9. General

9.1 Subject to clause 9.2, these Terms and Conditions together with the Order Form Acceptance constitute the entire agreement between the parties hereto and save in respect of fraudulent statements supersedes all prior agreements, arrangements, understandings and representations (whether oral, written or otherwise) made by or between the parties and you acknowledges that it has not relied on any representation made by Khooseller Limited unless such representation is expressly either included herein or in a document that expressly refers to such representation as being included in these terms and conditions.

9.2 Except as provided for in clause 9.6, no change, alteration or modification to this Agreement shall be valid unless it is in writing and is expressed to change, alter or modify this Agreement and signed by you and Khooseller Limited.

9.3 If any provision of this Agreement or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.

9.4 The rights and obligations of you under this Agreement are personal to you and you undertakes that it shall not nor purport to: assign, lease, charge, sub- license, or otherwise transfer such rights and obligations in whole or in part. If as a result of a breach of this sub-clause, a third party makes any claim against Khooseller Limited, you shall indemnify Khooseller Limited in respect of all costs, expenses and damages suffered by Khooseller Limited as a result thereof.

9.5 Khooseller Limited reserves the right to sub-contract any of the work required to fulfill its obligations hereunder.

9.6 Khooseller Limited may change any of these terms and conditions by giving you 7 days notice in writing of the intended change. At the expiration of the notice period the changed terms and conditions shall be substituted for the terms and conditions so changed.

9.7 Khooseller Limited shall not be liable for any loss suffered by you or any third party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra- national authority.

9.8 Any delay or forbearance by Khooseller Limited in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

9.9 This Agreement shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

10. Notices

10.1 All notices given under this Agreement shall be in writing and shall be delivered as specified in this clause.

10.2 Notices given by Khooseller Limited to you:

10.2.1 The notice shall be sent to the address of you as set out in the Order Form Acceptance or such other address or electronic mail address as Khooseller Limited shall reasonably believe will come to the notice of you. For the avoidance of doubt, where Khooseller Limited do not know the present whereabouts of you, a notice shall be properly served if it is sent to the address of you given in the Order Form Acceptance. Any such notice may be delivered personally, by first class pre-paid letter, by facsimile transmission or electronic mail and shall be deemed to have been served as follows: By hand delivery - at the time of delivery to the premises By first class - 24 hours after the date of mailing where the address is within the United Kingdom and after 3 working days of the date of mailing where the address is outside the United Kingdom By facsimile - on transmission By electronic mail on transmission.

10.3 Notices given by you to Khooseller Limited:

10.3.1 The notice shall be sent to Khooseller Limited the current address at the time and date of giving the notice, and shall be deemed to have been served as follows: By hand delivery - at the time of delivery provided that the notice is handed to an officer of Khooseller Limited. Where the notice is not so delivered to an officer of Khooseller Limited, the delivery shall be deemed not to be effective service. By first class post on receipt by Khooseller Limited By facsimile - on receipt, by you, of facsimile confirmation from Khooseller Limited that they have received the notice. By electronic mail - on receipt, by you, of electronic mail confirmation from Khooseller Limited that they have received the notice

11. Domain Name Registration

11.1 Khooseller Limited reserves the right to reject any request by a Customer to register a domain name and, in it absolute discretion and without explanation, to discontinue processing a registration of a domain name.

11.2 Subject to the clauses of these Terms and Conditions, the extent of Khooseller Limited service in relation to the registration of domain names is:

11.2.1 to forward your application to the appropriate Registry;

11.2.2 to provide administrative support in securing the registration;

11.2.3 to notify reasonably promptly you of the outcome of the application;

11.2.4 in the event of re-registration, to endeavour to notify you of the renewal date for such re-registration and only to complete such renewal on payment by you of the renewal fees.

11.3 Khooseller Limited shall have no liability in respect of damages or other liability arising out of your use and retention of a domain name once registered.

11.4 Without prejudice to clause 6 above, Khooseller Limited shall not be liable to you for any direct, indirect or consequential loss, damage cost or expense including, without limiting the generality of the foregoing, any loss of profit, business or anticipated savings suffered by a customer on account of a failure to obtain or loss of a domain name;

11.5 Without prejudice to clause 5 above, Khooseller Limited gives no warranty or representation as to the likelihood or otherwise of a particular domain name application being successful, and shall have no liability for the rejection of an application for the registration of a domain name.

11.6 A third party may challenge your use of the domain name once registered. The registration of a domain name does not confer any legal rights to a name or its use. In the event of a challenge, the procedures laid down by the relevant registry will apply. Where required to do so, you will consent to the suspension or revocation of the application for, or the registration of, a domain name. Khooseller Limited shall have no liability whatsoever in respect of a challenge by a third party and the procedures and events resulting therefrom, including, but not by way of limitation of the generality of the foregoing, the loss of the domain name. Khooseller Limited shall have no liability whatsoever in, or to, defending or otherwise dealing with a challenge to a domain name.

11.7 It is your responsibility to pay any and all renewal charges to the relevant registry in respect of each domain name registered by Khooseller Limited on you s behalf.

11.8 Khooseller Limited only liability under this agreement is to communicate with the domain name registry and you. You accept responsibility to communicate with, and to otherwise deal with, any third parties in regard to the domain name. Where Khooseller Limited is obliged to communicate with and have dealing with a third party resulting from the provision of the Service to you, you will indemnify Khooseller Limited with regard to all costs, fees, expenses and liability.

11.9 An application for the registration of a domain name is not complete until you are issued with a Registration Certificate from the relevant registry. You agree not to take any action in respect of a requested domain name until such a certificate has been issued to you.

11.10 Khooseller Limited may change the terms and conditions of the contract on renewal of the registration of the domain name. All renewals will be made under the Terms and Conditions current at the time of the renewal.

11.11 Once a domain name(s) is registered the Fee is non-refundable.

11.12 You warrant to Khooseller Limited that:

11.12.1 all information provided by you to Khooseller Limited is true and correct, and that any additions or alterations thereto will also be true and correct;

11.12.2 it has the legal right to apply for and use the domain name(s) as a Website address; and

11.12.3 the domain name(s) and its/their use as a Website address does not and will not infringe the Intellectual Property Rights or any other rights of a third party.

11.12.4 You will indemnify Khooseller Limited in respect of all claims, expenses and costs however arising, as a result of a breach of this clause.

11.13 You acknowledge:

11.13.1 that the application process, registration and subsequent use of any domain name is subject to the then current terms and conditions and policies of the relevant registry and you agrees to abide by all such rules and policies; and

11.13.2 you undertake to read those terms and conditions and policies before applying for a domain name and to comply with them. In the event of you being unable to comply with this sub-clause, to notify in writing Khooseller Limited of this fact and to withhold instruction to proceed until such time as you have complied with this clause.

11.14 If your application for a domain name is rejected and provided that you have not breached its obligations in this Agreement, Khooseller Limited will return to you any payments received in respect of that application subject to a deduction of the administration fee set of £50.

12. Website Hosting

12.1 You will provide and post to Khooseller Limited Server hosting your Website only Material which is server-ready and which requires no additional manipulation on the part of Khooseller Limited.

12.2 Khooseller Limited shall have no responsibility to validate Material or to ensure that it does not contain Inappropriate Material or to check it for content, correctness, legality or usability.

12.3 You warrants that both it and its web development agency has the level of knowledge necessary to deal in websites and website development. Without limiting the generality of the foregoing, you warrant that both it, and its web development agency have detailed knowledge of hypertext mark up language, file transfer protocol and other relevant protocols, languages and software.

12.4 It is your responsibility to upload the content of your Website and to check that such content functions satisfactorily.

12.5 If Khooseller Limited assists you in regard to the matters referred to herein and that assistance does not form part of the Service contracted for, then in so doing, Khooseller Limited does not accept any responsibility or liability in regard thereto.

12.6 You have sole responsibility for the content of all Material appearing on its Website hosted by Khooseller Limited.’s Server. For the avoidance of doubt, this clause shall apply to all Material, whether posted on to the Khooseller Limited.’s Server by or on behalf of you, whether by Khooseller Limited or a third party.

12.7 You warrant, represent and undertake in relation to all Material (including any Material which it requests Khooseller Limited or any third party to post on its Website hosted by Khooseller Limited.’s Server) that:

12.7.1 is not Inappropriate Material;

12.7.2 you either have sole ownership of all Intellectual Property Rights in such Material in each jurisdiction from which the Website may be accessed or stored and/or have obtained full and effective licence(s) from all relevant third parties allowing you or a third party acting on behalf of you to use the Material and to permit its dissemination world wide.

12.8 You undertake not to link to any Inappropriate Material from its Website.

12.9 Khooseller Limited shall retain the right at all times to refuse to host any Material and to suspend availability of the Website and/or to remove any Material already appearing on the Website which in the opinion of Khooseller Limited:

12.9.1 constitutes or would if posted constitute Inappropriate Material;

12.9.2 breaches or would if posted breach Relevant Legislation or any other applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory); and/or

12.9.3 harms or would if posted harm the reputation of Khooseller Limited in any way.

12.10 Khooseller Limited.’s rights to suspend availability of you s Website and/or remove shall be without prejudice to you s sole responsibility for content of the Website and to the warranties given by you relating to that content.

12.11 Hosting of Material by Khooseller Limited shall not under any circumstances constitute a waiver of any of its rights or of any claim it might have in relation to such Material or of its rights in relation to any breach of you s obligations under this Agreement.

12.12 You undertake:

12.12.1 to pay the charges applicable to the provision of web hosting;

12.12.2 to fully virus-check all data supplied to Khooseller Limited;

12.12.3 not to embark on any course of action, whether by use of its Website or any other means, which may cause a disproportionate level of Website activity without providing at least seven days prior notice in writing to Khooseller Limited;

12.12.4 to keep secure from third parties any passwords issued to you by Khooseller Limited in connection herewith;

12.12.5 not to change the user names and passwords without the prior consent of Khooseller Limited;

12.12.6 to observe the limitations on data transfer, as notified by Khooseller Limited, and agree, if such limits are exceeded, to pay the appropriate excess charge at Khooseller Limited then current rates.

12.13 Khooseller Limited undertakes:

12.13.1 to be responsible for maintaining the availability of the Khooseller Limited Server on a reasonable endeavours basis;

12.13.2 to provide telephone and e-mail support as set out in the Order Form Acceptance, such support to be on a reasonable endeavours basis.

12.14 Support will be charged for in addition to hosting fees, subject to the Order Form Acceptance and these Terms and Conditions.

12.15 If the Khooseller Limited Server is not responding, Khooseller Limited will replace or restore the Khooseller Limited Server within 72 hours of becoming aware of the failure and Khooseller Limited will restore the data from back up if necessary provided always that if the Khooseller Limited Server is not so responding and Khooseller Limited comply with this provision, it will have no further or other liability either to you or any third party in regard to such non-response. In the event of a third party holding Khooseller Limited responsible, you shall indemnify Khooseller Limited in respect thereof.

12.16 If:

12.16.1 to pay the charges applicable to the provision of web hosting;

12.16.2 to fully virus-check all data supplied to Khooseller Limited;

12.16.3 not to embark on any course of action, whether by use of its Website or any other means, which may cause a disproportionate level of Website activity without providing at least seven days prior notice in writing to Khooseller Limited;

12.16.4 you shall be in breach of this agreement; or

12.16.5 the use of your website, in the absolute discretion of Khooseller Limited, shall be disproportionate to the usage made by other customers; then, in any or all of these events, Khooseller Limited may suspend or cancel the Service without notice.

13. E-mail Services (including e-mail forwarding)

13.1 You undertake that you will not (and will ensure that others under your control will not) via e-mail:

13.1.1 transmit Inappropriate Material;

13.1.2 infringe the Intellectual Property Rights of any third party;

13.1.3 contravene Netiquette;

13.1.4 contravene the AUP; or

13.1.5 make use of Khooseller Limited.’s Server to an extent or in a manner which in Khooseller Limited.’s reasonable opinion is excessive, wasteful or otherwise to the detriment of Khooseller Limited.’s, any of Khooseller Limited.’s customers or any other third party, including but not limited to:

13.1.6 the transmission of bulk e-mail ( spamming ); or

13.1.7 flaming.

13.2 When sending e-mail, you must comply with any Relevant Legislation.

13.3 Khooseller Limited shall not be responsible for the security of the contents of e-mail sent or received by you.

13.4 Khooseller Limited will use its reasonable endeavours to ensure that messages are routed accurately and promptly but do not accept any liability for non-receipt, non-delivery or misrouting of e-mail or any other failure of the e-mail system.

13.5 Khooseller Limited reserves the rights to monitor e-mail to ensure its customers are not in breach of this agreement.

13.6 If, in the absolute discretion of Khooseller Limited you or any third party under your authority or a third party using your facility without your authority, is in breach of this agreement, Khooseller Limited may stop or edit e-mail and may disclose the contents of e-mail to interested third parties. Khooseller Limited is required by law to make disclosure of e-mail to a third party it may do so.

13.7 The monitoring of e-mail by Khooseller Limited under the provisions of this clause shall not:

13.7.1 be deemed to be notice of any breach of the agreement;

13.7.2 be consent to a breach of this Agreement;

13.7.3 Impose any liability on Khooseller Limited with regard to the e-mail either to you or to a third party.

14. Web Development and Programming Services

14.1 Khooseller Limited web development service is provided on a reasonable endeavours basis, that is if Khooseller Limited uses due diligence in undertaking the development and programming work, it shall have performed its obligations hereunder.

14.2 You agree to:

14.2.1 pay the charges applicable to the provision of web development and programming services.

14.2.2 to fully virus-check all data supplied to Khooseller Limited pursuant to this Agreement;

14.3 You are solely responsible for providing Material appearing on its Website and as to the Material’s acceptability under both this agreement and as to the law of any jurisdiction in which the Material can be accessed or stored, and whether that Material has been installed and developed by Khooseller Limited or not.

14.4 You warrant, represent and undertake in relation to all Material (including any Material which it requests Khooseller Limited or any third party to incorporate into its Website) that:

14.4.1 it is not Inappropriate Material;

14.4.2 you either have sole ownership of all Intellectual Property Rights in such Material in each jurisdiction from which the Website may be accessed and/or stored and/or has obtained full and effective licence(s) from all relevant third parties allowing you or a third party acting on behalf of you to use the Material and to permit its dissemination world wide;

14.5 You undertake not to link to any Inappropriate Material from its Website.

14.6 Khooseller Limited shall retain the right at all times to refuse to develop any Website and/or to remove any Material already appearing on the Website which in the opinion of Khooseller Limited:

14.6.1 constitutes or would if posted constitute Inappropriate Material;

14.6.2 breaches or would if posted breach Relevant Legislation or any other applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory); and/or

14.6.3 harms or would if posted harm the reputation of Khooseller Limited in any way.

14.7 Khooseller Limited.’s rights to suspend availability of your Website and/or remove content shall be without prejudice to your sole responsibility for content of the Website and to the warranties given by you relating to that content.

14.8 Where Khooseller Limited are the sole developer of a web site and/or are authors of a computer program, it shall remain the absolute owner of the intellectual property rights in the site developed, in the graphics, images, text and programs used in the site developed and/or the computer program written.

14.9 Where Khooseller Limited develop a web site and/or authors a computer program jointly with others, or in succession to others, Khooseller Limited shall remain the absolute owner of the intellectual property rights in that part of the work either authored and originated by them or, where alterations are made to work already undertaken and the work by Khooseller Limited substantially changes the original work, Khooseller Limited shall remain the absolute owner of the intellectual property rights in any such work substantially changed.

14.10 Until such time as the total purchase price of the developed site and/or programming and associated payments has been paid to Khooseller Limited, you shall have no rights or licence in regard to the site developed or in regard to any graphics, images, text and programs.

14.11 On payment of the total purchase price, Khooseller Limited will:

14.11.1 Where the developed site and/or program are to be hosted by Khooseller Limited, grant a licence to use the developed site and/or program on the Khooseller Limited server.

14.11.2 Where the developed site and/or program is agreed to be hosted otherwise than by Khooseller Limited, grant a licence to use the developed site and/or program.