Agreement to Terms and Conditions
This Agreement takes effect on the date on which you order our services.

Information Provided by You
You warrant that the name, address and payment information that you provided when you placed your order with Focus New Media is correct and you agree to notify Focus New Media of any changes in the name, address and/or payment details.

You agree that Focus New Media may disclose your name and address where there is any complaint about the content of your pages or in relation to goods or services advertised there.

You warrant that you possess the legal right and ability to enter into this Agreement and to use Focus New Media's services in accordance with this Agreement.

Usage
You warrant the accuracy, truthfulness and reliability of any information (including, where applicable, statements of opinion or advice) which you place on your web pages. You warrant that you are authorised to promote and/or provide any information which you promote and/or provide on your web pages (for example if you are providing financial information, that you hold any necessary authorisation under all relevant legislation including the Financial Services Acts).

You agree to keep secure your password and other confidential information relating to your account.

Focus New Media cannot guarantee that the system will never be infiltrated by unauthorised users or hackers. Your data pages may not be secure against hackers and you take that risk. If you find evidence of infiltration, please notify Focus New Media and it will take steps both to try and prevent it and to notify the proper authorities.

You shall supply the copy for your web pages in clear and usable permanent or electronic form and shall be entirely responsible for the content of your web pages. You shall not, under any circumstances, use your web pages to do any of the following:

• publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or unlawful material or information
• threaten, harass, stalk, abuse, disrupt or violate the legal rights (including rights of privacy and publicity) of others
• engage in illegal or unlawful activities
• make available any material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
• act, or fail to act, in your use of your web pages, in a manner that is contrary to applicable law or regulation

You are entirely responsible for any civil or criminal liability that is incurred as a result of your use of your web pages. If you post a defamatory or libellous message, it is you that publish it and you that shall be liable for the consequences of it.

Termination
Focus New Media may terminate your subscription at any time, upon ninety (90) days' notice. You may also do the same.

Where Focus New Media terminates your subscription in reliance upon your breach of Agreement, or you terminate your subscription, you will not be entitled to any refund of any unused part of your subscription.

Focus New Media expressly reserves the right to terminate or suspend your subscription without prior notice should you fail to comply with clause 4 of these Terms and Conditions or should Focus New Media deem such action necessary where legal proceedings are threatened or issued regarding the form or content of your web pages and in such circumstances Focus New Media will confirm such termination or suspension by subsequent notice.

Save for any refund of unused parts of the subscription as above, you will not be entitled to any compensation whatsoever in the circumstances of termination and Focus New Media shall not be liable for any consequential loss whatsoever in relation to termination of your account in any circumstances.

Charges
You agree to pay all charges for your use of your web pages at the prices in effect at the beginning of your subscription period and without any set-off or other deduction.

You shall pay 25% of the Focus New Media charge for developing your web pages at time of order, 25% when a first stage prototype is release and and the remaining 50% before those pages go on-line.

Focus New Media's pricing is based on the customers site generating accesses roughly in proportion to the number of pages on the site. Should accesses to your site increase beyond a reasonable level, Focus New Media reserves the right to make additional charges, in order to cover its increased costs, at any time upon not less than thirty (30) days' notice.

Where payment is not made within sixty (60) days of due payment, your account may be suspended or terminated at our discretion.

If payment is not made on the due date Focus New Media shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgement) at the rate of 4% above the base rate from time to time of Lloyds Bank plc from the due date until the outstanding amount is paid in full.

Focus New Media initial charge for developing your web site is calculated on the assumption that the copy first provided by you is adequate and sufficient therefore. If either you or Focus New Media deem this not to be the case, then Focus New Media may at its own discretion levy additional charges.

Advertising
If you advertise or offer to sell goods or services via your web pages, you undertake to provide goods in conformity with any description and warranties made. You agree to comply with all relevant legislation including Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts. If you are advertising goods in the course of a trade or business this must clearly be so stated.

Warranties And Limitation Of Liability
Focus New Media warrants that its services will be provided using reasonable care and skill. Where Focus New Media supplies any goods supplied by a third party, Focus New Media does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to Focus New Media

Except in respect of death or personal injury caused by Focus New Media's negligence, Focus New Media shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Focus New Media's negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by Focus New Media

Focus New Media shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by Focus New Media as to the time of completion of performance of its services (whether completion of the whole or a part of those services) shall be estimates only and time shall not be of the essence.

Focus New Media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus.

Notwithstanding contrary clauses in this Agreement, in the event that Focus New Media are deemed liable to you for breach of this Agreement, you agree that Focus New Media's liability is limited to the amount actually paid by you for your subscription, which amount calculated in reliance upon this clause. You hereby release Focus New Media from any and all obligations, liabilities and claims in excess of this limitation.

Indemnification
You agree to indemnify Focus New Media from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to your web pages, including but not limited to any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.

Focus New Media will notify you promptly of any claim for which Focus New Media seeks indemnification at the currently supplied address. Focus New Media will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Focus New Media's interests, as reasonably determined by Focus New Media and/or its lawyers.

Notices And Consents
Any notice, request or other communication to either party by the other under this Agreement shall be given by Email, fax or conventional mail and shall be confirmed by conventional mail.

Assignment Of Rights
You shall not assign this Agreement or any benefits or interests arising under this Agreement without Focus New Media's prior written permission, such not to be unreasonably withheld.

Ownership
The ownership of the web pages shall remain with Focus New Media until Focus New Media has received payment in full for all sums owing under this Agreement. Once payment has been received, ownership of page text and graphics specific to you shall pass to you.

Ownership of other graphics and all code used in processing web pages shall remain with Focus New Media and it is expressly agreed that the use of such graphics and code in processing the web pages does not confer any passing of title from Focus New Media to you.

Focus New Media reserves the right to use in any way it wishes any programming tools, skills and techniques acquired or used in performing its duties under this Agreement.

General Terms and Law
This Agreement is governed by the laws of England and Wales.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Focus New Media as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of Focus New Media You agree that Focus New Media will not be liable by reason of any representation, act or omission to act by you.

Focus New Media's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Focus New Media's right to comply with law enforcement requests or requirements relating to your use of Focus New Media or information provided to or gathered by Focus New Media with respect to such use.

Severability
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).

Entire Agreement
This Agreement constitutes the entire agreement between Focus New Media and you with respect to your use of services and/or goods provided by Focus New Media, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Focus New Media and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.

The address for communication to Focus New Media by conventional mail unless you are otherwise notified shall be:

Focus New Media
Vauxhall Road
Southville
Bristol
BS3 1RN
UK

The telephone number shall be 0117-949-8008
The facsimile number shall be 0117-949-8009
The Email address shall be info@focusnewmedia.com

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