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Terms and Conditions - michaelpeckitt.com

Terms and Conditions

These are the terms and conditions for a purchase from Michaelpeckitt.com and the Customer (as indicated on the Order Form), whereby the Customer agrees to pay for, and Michaelpeckitt.com agrees to provide, the Service on the terms and conditions set out below (the "Terms").

1. DEFINITIONS
Agreement - the Agreement of which these Terms form part Cancellation Charge - as set out in the Order Form
Fees - as published by Michaelpeckitt.com from time to time Intellectual Property - all patents, registered and unregistered trade marks, trade and business names, copyright and rights in the nature of copyright including property rights in relation to compilations or databases, design rights and registered designs and all applications for patents and registered trade marks and registered designs (including in each case, all extensions and renewals thereof). Interest Rate - the base rate charged by National Westminster Bank from time to time plus four per cent
Local Administration Costs - any registration and other costs charged to Michaelpeckitt.com for the purchase of any product.

Order Form - the order form as displayed on this Internet web site
Service - the service provided by Michaelpeckitt.com under this Agreement, as further defined in Clause 2

2. THE SERVICE
2.1. Subject to payment of the Fees, the Local Administration Costs, and the terms of this Agreement. Michaelpeckitt.com shall provide the following (the
"Service"):

3. OBLIGATIONS
3.1. Michaelpeckitt.com warrants that the Service will be provided with reasonable care and skill and in a professional and timely manner.
Notwithstanding the foregoing, the Customer acknowledges and agrees that:
3.1.1. Michaelpeckitt.com shall be entitled to refuse to process Requests submitted by the Customer and also to refuse to continue processing with any Requests previously accepted by Michaelpeckitt.com, where such processing may (in Michaelpeckitt.com�s opinion) expose Michaelpeckitt.com to the risk of legal or other proceedings,
3.2. Except as set out expressly in these Terms, Michaelpeckitt.com makes no warranties or representations either express or implied in relation to whole or part of the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose and that all such conditions, warranties, terms and undertakings, express or implied, statutory or otherwise in respect of the provision or non-provision of the Service and any other services supplied hereunder are hereby expressly excluded.

4. CUSTOMER'S OBLIGATIONS
4.1. The Customer hereby acknowledges that the Customer agrees to, and will fully comply with, the Terms and Conditions

5. FEES
5.1. The Customer shall pay in pounds sterling to Michaelpeckitt.com the Fees, inclusive of the Postage and packing costs incurred by Michaelpeckitt.com in processing a purchase.

6. CANCELLATION CHARGES
6.1. The Customer shall be entitled to cancel a purchase subject to the following terms:
6.2. If Michaelpeckitt.com has not started processing the Request, the Request will be cancelled subject to the Customer paying a cancellation charge of Twenty Five GBP (£25) excl. VAT;
6.3. If Michaelpeckitt.com has started processing the Request then (irrespective of whether or not the cancellation request is received within 4 hours) the Request will be cancelled subject to the Customer paying Michaelpeckitt.com full fees (including the Local Administration Costs, but only if these have been incurred and the cancellation fee referred to in
Clause 6.2 above).
6.4. Refund requests are generally dealt with and processed on Friday's.
Where a credit/debit card has been used by the customer in the purchase of a product from Michaelpeckitt.com, Michaelpeckitt.com will endeavour to issue the refund to the credit/debit card used. In cases where this is not possible, a cheque will be raised to the company name in the first instance on the customers' account.

7. CUSTOMER'S INDEMNITY
7.1. The Customer shall indemnify and keep Michaelpeckitt.com fully and effectually indemnified from and against all liability, claims, losses, costs, expenses, loss of profits, business interruption, and other pecuniary or consequential loss (including reasonable legal costs and expenses) suffered or incurred by Michaelpeckitt.com as a result of any breach of this
Agreement by the Customer, the Customer's employees (if any), any person authorised by or under the control of the Customer.

8. EXCLUSIONS AND LIMITATIONS
8.1. The Customer agrees that Michaelpeckitt.com shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any loss of profits, revenue or goodwill or any type of indirect or special loss or damage whatever arising from or in any way connected with this Agreement.
8.2. The Customer agrees that Michaelpeckitt.com shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) including, without limitation, damage for loss of business, loss of sales, loss of profits, loss of reputation, or any other financial loss or damage, resulting from or in relation to:
8.2.1. Any acts, omissions, failures or delays occurring on or without any negligence on Michaelpeckitt.com's part, or occurring on or in relation to those aspects of the purchase not under Michaelpeckitt.com's direct control,
8.2.2. The Customer also agrees that (except in relation to such liability as has been expressly excluded in Clauses 8.1 and 8.2 above) the maximum aggregate liability of Michaelpeckitt.com in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatever arising from or in anyway connected with:
8.3.1. Any negligent or reckless failure to provide the Service within a reasonable time and any negligent or reckless failure by Michaelpeckitt.com to process purchases correctly or in a timely manner,
8.3.2. Any failure to provide the Service with reasonable care and skill, and
8.3.3. Any liability not excluded by this Agreement, shall, in respect of any one or more events or series of events (whether connected or unconnected) taking place within any twelve month period be limited to £1 million. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and Michaelpeckitt.com becomes liable for loss or damage that could otherwise have been limited.
8.4. Nothing in this Agreement shall exclude:
8.4.1. Michaelpeckitt.com's liability for death or personal injury arising from the negligence of Michaelpeckitt.com, its servants or agents; or
8.4.2. Any other liability which it is prohibited from excluding by law.

9. SUSPENSION AND TERMINATION
9.1. Without prejudice to any of its other rights, Michaelpeckitt.com shall have the right to immediately terminate this Agreement and/or suspend or restrict the Service and/or the Additional Services to the Customer, if:
9.1.1. The Customer does not pay to Michaelpeckitt.com by its due date any sum due;
9.1.2. The Customer breaches Clause 4 of these Terms;
9.1.3. The supply of the Service and/or Additional Services to the Customer may (in the reasonable opinion of Michaelpeckitt.com) expose Michaelpeckitt.com to the risk of litigation or other civil proceedings;
9.1.4. The Customer commits any other material or repeated breach of this Agreement and, if it is capable of being remedied, fails to remedy such breach within 15 days from the date of the first notice specifying the nature of the breach and requesting its remedy;
9.1.5. The Customer becomes insolvent, ceases to trade (or in the reasonable opinion of Michaelpeckitt.com is likely to cease to trade) or has a liquidator, receiver, administrator or administrative receiver appointed or enters into any arrangement with its creditors or is wound up otherwise than for the purpose of a solvent amalgamation or reconstruction where the resulting entity assumes all of its obligations, or is unable to pay its debts as they fall due within the meaning of section 123 of the Insolvency Act 1986, or is made bankrupt, or undergoes a similar or analogous event in any jurisdiction; and Michaelpeckitt.com shall not be liable for any losses incurred by the Customer as a result of such suspension, termination, or restriction.

10. TERMINATION BY CUSTOMER
Without prejudice to any of its other rights, the Customer shall have the right to immediately terminate this Agreement, if:
10.1. Michaelpeckitt.com commits any material or repeated breach of this Agreement and, if it is capable of being remedied, fails to remedy such breach within 15 days from the date of the first notice specifying the nature of the breach and requesting its remedy;
10.2. Michaelpeckitt.com becomes insolvent, ceases to trade (or in the reasonable opinion of the Customer is likely to cease to trade) or has a liquidator, receiver, administrator or administrative receiver appointed or enters into any arrangement with its creditors or is wound up otherwise than for the purpose of a solvent amalgamation or reconstruction where the resulting entity assumes all of its obligations, or is unable to pay its debts as they fall due within the meaning of section 123 of the Insolvency
Act 1986, or is made bankrupt or undergoes a similar or analogous event in any jurisdiction; and the Customer shall not be liable for any losses incurred by Michaelpeckitt.com as a result of such termination.

11. FORCE MAJEURE
11.1. Neither party shall be liable for any breach of its obligations
hereunder (other than any obligation to pay money) where the breach results from causes beyond its control ("force majeure") and the party concerned has acted reasonably and prudently to prevent and to minimise the effect of such causes.
11.2. Where an event of force majeure last for a period in excess of two months either party shall be entitled to terminate this Agreement.
11.3 For the purposes of this Clause 11, force majeure shall mean without limitation any of the following:
1. Act of God
2. War, insurrection, riot, civil disturbance, acts of terrorism.
3. Fire, explosion and flood.
4. Theft, malicious damage, strike, lock-out, third party injunction.
5. National defence requirement, acts or regulations of national or local governments.
6. Inability to obtain essential fuel, power, raw materials, labour, containers or transportation, accident, mal-function or machinery or apparatus, denial of export or import licences.
7. Any other cause beyond reasonable control of the parties which is reasonably notified in writing to the other party within 7 days of its occurrence.

12. CONFIDENTIALITY 12.1. Each party will at all times keep confidential and will not disclose without the prior written consent of the other any business or other confidential information of the other party or use any such information other than for the purposes contemplated by this Agreement (except that each party may disclose such information to those of its employees, agents and sub-contractors who need to know the same for such purpose and under conditions of confidentiality non-disclosure and non-use equivalent to those imposed on the parties by this Clause). These obligations of confidentiality, non-disclosure and non-use do not apply to any information which is publicly available through no fault of the party disclosing or using the information, or which was known to that party before receipt from the other party, or received from another source without obligation as to confidentiality, or which is required to be disclosed by law or by a regulating authority.

13. MISCELLANEOUS
13.1. PERSONAL. This Agreement is personal to the Customer and the Customer's rights may not be assigned, sub-licensed or transferred in any way
13.2. ENTIRE AGREEMENT. Save where otherwise agreed in writing this Agreement constitutes the entire understanding between the parties concerning the provision of the Service, and replaces, supersedes, and cancels all previous arrangements, understandings, representations or agreements relating thereto, to the extent allowed by applicable law, or warranties, expressed or implied, including without limitation the implied warranties of satisfactory quality and fitness for a particular purpose are excluded. Nothing in the Terms shall affect the statutory rights of a consumer. This Agreement shall apply and prevail over any terms and conditions (whether conflicting or not) contained or referred to in any documentation submitted or provided by the Customer.
13.3. SEVERABILITY. Each provision of this Agreement excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Agreement howsoever occasioned.
13.4. NO WAIVER. No waiver by Michaelpeckitt.com shall be construed as a waiver of any preceding or succeeding breach of any provision.
13.5. NOTICES. Any notices required to be given under this Agreement shall be in writing and shall be sent by first class registered post, recorded airmail, fax or by hand, to the address specified in this Agreement.
13.6. GOVERNING LAW. This Agreement shall be governed by the laws of England and Wales and this Agreement shall be subjected to the non-exclusive jurisdiction of the English courts.
13.7 No transfer of domain name(s), to or away from Michaelpeckitt.com, is permitted where the expiry date of the domain name is due in less than thirty (30) days.
13.8. No transfer of domain name(s), to or away from Michaelpeckitt.com, is permitted sixty (60) days from date of registration.

14. ACCEPTABLE USE
14.1. Goals. Michaelpeckitt.com's goals are to protect network resources, preserve the privacy and security of Michaelpeckitt.com and our customers, and maximize the utility of Michaelpeckitt.com and the Internet, while recognizing Michaelpeckitt.com Limited's position in the Internet community as a whole.
14.2. Interpretation. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Michaelpeckitt.com reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
14.3 Bandwidth Usage If your bandwidth reaches the point where it has an adverse effect on other customers we reserve the right to: (a) disable your site, without prior notice, until you can reduce your bandwidth usage; or (b) charge you for excess bandwidth usage, over and above your package allowance, as published by Michaelpeckitt.com from time to time
14.4. Security. Any "denial of service" attack, any attempt to breach authentication or security measures, or any unauthorized attempt to gain access to any other account, host or network is prohibited, and will result in immediate services termination, which may be without notice.
14.5. E-mail Redirection. Using any Michaelpeckitt.com server to send duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect the responses from unsolicited e-mail, or to promote any website whose Domain Name Service is provided by Michaelpeckitt.com is prohibited. Similarly, using any Michaelpeckitt.com server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited. Sending duplicative, unsolicited e-mail messages (commercial or otherwise) to promote any website whose Domain Name Service is provided by Michaelpeckitt.com is prohibited. Michaelpeckitt.com reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases Michaelpeckitt.com will defer to the judgment of the newsgroup or mailing list moderator or administrator. Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients are permitted. Conduct in connection with e-mail or Usenet news that is an obvious nuisance (such as "mail bombing") or that would be unlawful in other contexts (for example but not limited to, threats, harassment, defamation, obscenity, or software piracy) is prohibited.
14.6. Forgery of Identity. Falsifying addressing information or otherwise modifying headers to conceal the sender's or recipient's identity, for the purpose of circumventing this Policy, is prohibited. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.
14.7. Copyright, Privacy, and Intellectual Property. Using a Michaelpeckitt.com hosted Domain Name to commit, aid or abet any violation of copyright or intellectual property law is prohibited. This prohibition includes publishing a private e-mail message or third parties, by any means, without the express prior consent of the author. The e-mail addresses of Michaelpeckitt.com customers are not for sale or commercial distribution to third parties without the express prior consent of the subscriber.
14.8. Modification. Michaelpeckitt.com reserves the right to add, delete or modify any provision of this Policy at any time without notice.


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