End Design Hosting Terms & Conditions

These terms and conditions should be read in conjunction with our Acceptable Use Policy (AUP) as ammended from time to time. Customers should ensure that they are aware of and abide by the latest addition of the AUP.



"End Design " means End Design Limited, Unit 37 Bookham Industrial Park, Church Road, Bookham, Leatherhead, Surrey, KT23 3EU.
"Customer" means any person, firm, or company that buys or agrees to buy goods or services from End Design.
"Goods" means the articles (including any instalment of the articles or parts for them) ordered by the Customer from End Design.
"Services" means the provision of the Services set out on the customers Order or on the Online Order Form.
"Conditions" mean these conditions of sale, the Acceptable Use Policies, together with any special terms and conditions agreed in writing by End Design and the Customer.
"Material" text, graphics, images, sound, video or any combination thereof
"End Design's Server" the computer server equipment operated by End Design in connection with the provision of the Services
"Netiquette" generally accepted standards of conduct relating to use of the Internet including, without limitation, not sending unsolicited mass e-mail, not impersonating another person, and not misrepresenting oneself to have authorisation from another person when one does not

CONDITIONS APPLICABLE The Customer's order is accepted upon and subject to the prevailing Acceptable Use Policy and these Conditions only to the exclusion of all other terms and conditions subject to which the Customer's order is made or purported to be made. No variation to these Conditions shall be binding unless agreed in writing by End Design.

ORDERS AND SPECIFICATIONS No order submitted by the Customer shall be deemed to be accepted by End Design unless and until confirmed in writing by End Design's authorised representative. The quantity, quality and description and any specification for the Goods or Services shall be those set out in End Design's quotation (if accepted by the Customer) or the Customer's order (if accepted by End Design). End Design reserves the right to make any changes in the specifications for the Goods which are required to conform with any applicable safety or other statutory requirements or, if the Goods are supplied to End Design's specification, which do not materially affect their quality or performance. The Customer shall indemnify and keep indemnified End Design against all claims, costs, damages and expenses incurred by or for which End Design may become liable by carrying out any work required to be done on or to the Goods in accordance with the requirements or specifications of the Customer which results in any claim for infringement of any intellectual property rights vested in another person, firm or company.

PRICES The price is that quoted by End Design and is valid for 28 days or until earlier acceptance by the Customer. Quoted prices are "ex works" and exclusive of Value Added Tax and other duty levy or tax assessed against the Goods by any Government or other authority. Any prices quoted may (unless otherwise stated in the quotation) be varied by End Design in accordance with cost variations.

PAYMENT TERMS Strictly net cash with order unless a credit account has been established with End Design. Where a credit account has been established with End Design, payment made for each instalment of Goods delivered within 30 days after delivery (whether the Goods are whole or only part of the Goods ordered) and the time of payment of the price shall be of the essence. If the Customer fails to make any payment on the due date, then without prejudice to End Design's other rights or remedies, End Design shall be entitled to:- (a) charge interest at 4% over the Barclays Bank PLC. Base rate from time to time on any payment that is overdue until actual payment (both before and after any judgement). (b) to cancel the contract or suspend any further deliveries to the Customer and (c) to appropriate any payment made by the Customer to such of the Goods (or the Goods supplied under any other contract between the Customer and End Design) as End Design may think fit.

DELIVERY Any time or date quoted by End Design for delivery is given and intended as an estimate only. Whilst every endeavour will be made to meet an estimated time of delivery for delivery, End Design shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery. End Design reserve the right to deliver by instalments against any order. Each delivery shall constitute a separate contract and End Design's failure to deliver any one or more instalments in accordance with the conditions, or any claim by the Customer in respect of any one or more instalments, shall not entitle the Customer to treat the contract as a whole as repudiated. Where End Design arranges for delivery of Goods to the Customer's address, the carrier is deemed to be the Customer's agent. Non-delivery must be reported immediately in writing to End Design and the carriers within 7 days of the date of despatch.

RISK (A) Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery of the Goods. (B) Delivery of the Goods shall be deemed to take place at the time the same are posted by End Design in a package addressed to the Customer, placed in the hands of any delivery agent or service or, if the Customer collects the Goods, when End Design notifies the Customer that they are available for collection.

OWNERSHIP Notwithstanding delivery and the passing of risk in the Goods, legal and equitable ownership of the Goods shall remain with End Design until the price of the Goods and all other goods agreed to be sold by End Design to the Customer, for which payment is then due, has been paid in full. Until that time the Customer shall:- (a) hold the Goods as End Design's fiduciary agent and Bailee only. (b) keep the Goods separate from those of the Customer and third parties and properly stored, protected, insured and identified as End Design's property. (c) be entitled to resell or use the Goods in the ordinary course of its business but shall account to End Design for the proceeds of such sale (including insurance proceeds). End Design may recover the purchase price notwithstanding the fact that ownership has not passed, and the Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of End Design, and, if it does so, all monies owing by the Customer to End Design shall (without prejudice to any other rights or remedies of End Design) become due and payable immediately. ENTRY RIGHTS Until property in the Goods passes to the Customer, End Design shall be entitled at any time to require the Customer to deliver up the Goods and, if the Customer fails to do so forthwith, to enter any premises where the Goods are kept to take possession thereof.

WARRANTY End Design will make reasonable endeavours to ensure that the services are provided as described in End Design's Website but because the Services are provided by means of computer and telecommunication systems End Design makes no warranties or representations that any Service will be uninterrupted or error-free. Any Goods supplied by End Design which contain defects of materials or workmanship will at the option of End Design be replaced or repaired free of charge provided that:- (a) details of any defect are notified to End Design in writing as soon as discovered and in any event within one month of the date of purchase (b) the Goods are returned to End Design within 14 days of End Design being notified of any defect (c) the instructions prescribed by End Design have been strictly followed and the Goods have not been damaged as a result of accident, neglect, misuse or other improper treatment (d) alterations or modifications have not been made or attempted by anyone other than End Design or its authorised agent. Other than set out in this Condition all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Except in respect of death or personal injury caused by End Design's negligence, in no circumstances shall End Design be liable for consequential loss or damage (including loss of profit or otherwise) of any nature in relation to the supply of the Goods and Services, or their use or resale by the Customer.

FORCE MAJEURE End Design will not be liable to the Customer or deemed to be in breach of contract because of any delay or non-performance directly or indirectly due to any cause beyond End Design's reasonable control including (without limitation) lack of adequate instructions from the Customer, Governmental regulations or requirements, Acts of God, unavailability of materials, work stoppages, strikes, slow-downs, boycotts or other industrial action and in such a case may wholly or partially suspend shipment of Goods.

USE OF GOODS AND SERVICES The Customer acknowledges that he is exclusively responsible for detailing the specification for all goods and Services ordered from End Design, for ascertaining the use to which they will be put, and for determining their ability to function for that purpose.

CANCELLATION AND RETURN OF GOODS In the event of the cancellation of an order for Goods End Design reserve the right, without prejudice to any other rights or remedies it may have, to charge up to 100% for stock held by End Design pending shipment, up to 100% for items of which End Design cannot cancel delivery with End Design's supplier and up to 50% for the remaining balance. In particular (but without limitation), in the event of cancellation by the Customer of part only of the order, End Design shall be entitled to re-calculate the price of the uncancelled part of the order as if it constituted the whole order, and re-invoice the Customer accordingly. No returns will be permitted without End Design's prior consent in writing and must be returned at the Customers expense in their original condition and packaging.

INDEMNITY The Customer hereby agrees fully to indemnify, keep indemnified and hold harmless End Design, 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 End Design or its any of its officers, employees, agents, sub-contractors or affiliated companies directly or indirectly and in any jurisdiction as a result ofthe provision by End Design to the Customer of any Service hereunderany breach by the Customer of any of its warranties contained in this Agreement any content material or required mode of operation supplied or specified by the Customer for any Service; any breach by the Customer of any of its obligations in this Agreement.

4. CUSTOMER AUTHORISATION AND OBLIGATIONS The Customer hereby appoints End Design to act on its behalf in conjunction with the provision of the Services. The Customer acknowledges and accepts that to enable End Design properly to provide the Services it must co-operate with End Design as required by End Design and, without limitation in particular:- 4.2.1 the Customer must provide End Design with accurate details of its e-mail and physical addresses and promptly notify End Design in writing of any alterations thereto from time to time; 4.2.2 the Customer must obtain the consent of individuals whose personal data are to be held on a domain name register or are otherwise provided to End Design; 4.2.3 keep the Customer's user ID secure so that such ID is only used by the Customer or those authorised by the Customer; 5.

INSOLVENCY Without prejudice to any other right or remedy it may have, End Design shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Customer if:- (a) the Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for purposes of amalgamation or reconstruction); (b) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or (c) the Customer ceases, or threatens to cease, to carry on business; or (d) End Design reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly and if the Goods have been delivered but not paid for the price shall become immediately due and payable not withstanding any previous agreement or arrangement to the contrary.

TERMINATION End Design may terminate this Agreement by notice in writing to the Customer having immediate effect if the Customer is in breach of any of its obligations under this Agreement. Either party may terminate this Agreement on one month's written notice.

CONFIDENTIALITY Each of the parties agreesnot todisclose any Confidential Information received from the other party make any use of any such Confidential Information other than for the purposes of performance of this Agreement. 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.The confidentiality obligations shall not apply to any information which is or subsequently becomes available to the general public other than through a breach by the receiving party oris already known to the receiving party before disclosure by the disclosing party is developed through the independent efforts of the receiving party or the receiving party rightfully receives from a third party without restriction as to use.

GENERAL 9.1 Subject to clause 9.2, this written Agreement together with the Order Form(s), constitutes the entire agreement between the parties hereto relating to the subject matter hereof 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 each party acknowledges that it has not relied on any representation made by the other party unless such representation is expressly included herein. 9.2 No change, alteration or modification to this Agreement shall be valid unless in writing referencing this Agreement and signed by the Customer and End Design. 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 the Customer under this Agreement are personal to the Customer and the Customer 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. 9.5 End Design reserves the right to sub-contract any of the work required to fulfil its obligations hereunder

E-MAIL SERVICES (including e-mail forwarding) The Customer undertakes that it will not (and will ensure that others under its control will not) transmit material via e-mail that is unlawful, threatening, abusive, harmful, malicious, obscene, pornographic, malicious, profane, libellous, defamatory, infringes any Intellectual Property Rights, constitutes or encourages a criminal offence or contains a virus, worm, trojan horse or other harmful code or contravene "Netiquette". Further that it will not make use of End Design's Server to an extent or in a manner which in End Design's reasonable opinion is excessive, wasteful or otherwise to the detriment of End Design, any of End Design's customers or any other third party, including but not limited to the transmission of bulk e-mail ("spamming"); or "flaming". When sending e-mail, the Customer acknowledges that it is responsible for complying with any Relevant Legislation. The Customer acknowledges and agrees that End Design is not responsible for the security of the contents of e-mail sent or received by the Customer. End Design will use its reasonable endeavours to ensure that messages are routed accurately and promptly but does not accept any liability for non-receipt, non-delivery or misrouting of e-mail or any other failure of the e-mail system. End Design's policy is to respect the privacy of e-mail messages sent, received forwarded or otherwise dealt with by it and the Customer acknowledges that End Design will therefore not monitor, edit or disclose the contents of such messages unless required to do so by law or competent authority or to protect End Design's rights and/or position.

DOMAIN NAME REGISTRATION The Customer recognises and accepts that While End Design will make reasonable endeavours to achieve a successful registration and keep the Customer notified of the progress of the registration application, because of the nature of the registration process, End Design reserves the right to reject any request by a Customer to register any particular domain name or to discontinue processing such a request if End Design considers such application might expose End Design to legal or other proceedings. The extent of End Design's service in relation to the registration of domain names isto forward the Customer's application to the appropriate Registry to provide administrative support in securing the registration to notify reasonably promptly the Customer of the outcome of the application in the event of re-registration, to endeavour to notify the Customer of the renewal date for such re-registration and only to complete such renewal on payment by the Customer of the renewal fees. Subject to End Design using reasonable endeavours to notify the Customer prior to the domain name registration renewal date(s) by fax, email or post at the addresses or number most recently provided by the Customer End Design accepts no responsibility for the Customer's use or retention of a domain name once registered End Design shall not be liable to the customer for any direct, indirect or consequential loss, damage cost or expense including without limitation any loss of profit, business or anticipated savings suffered by customer on account of a failure to obtain or loss of a domain name; Domain name registries retain the right at their discretion to register or refuse to register a domain name applied for by End Design on behalf of the Customer therefore End Design makes no warranty or representation of any kind in relation to the likelihood or otherwise of a particular domain name application being successful The Customer's use of the domain name once registered may be challenged by a third party; if so, or if any other dispute arises the procedures laid down by the relevant registry will apply and these may include the suspension or revocation of a Customer's application for a domain name or the registration of a domain name allocated to the Customer and unless otherwise agreed by the parties in writing signed by an officer of End Design, End Design will have no responsibility or involvement in relation thereto; It is the Customer's responsibility to pay any and all renewal charges to the relevant registry in respect of each domain name registered by End Design on the Customer's behalf; As is common domain name registration practice, domain names are registered on a first come, first served basis The registration of a domain name does not confer any legal rights to a name or its use and any disputes between the Customer and a third party are to be settled using normal legal methods. The Customer agrees that End Design will not be drawn into any such argument or dispute in any circumstances unless otherwise agreed by the parties in writing signed by an officer of End Design An application for the registration of a domain name cannot be treated as having been successful until the Customer is issued with a Registration Certificate from the relevant registry. The Customer agrees not to take any action in respect of a requested domain name until such a certificate has been issued to the Customer.The Customer warrants to End Design that all information provided by the Customer to End Design is true and correct, and that any additions or alterations thereto in the future will also be true and correct it has the legal right to apply for and use the domain name(s) as a Website address; and the domain name(s) and its use as a Website address does not and will not infringe the Intellectual Property Rights or any other rights of a third party. The Customer acknowledges 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 the Customer agrees to abide by all such rules and policiesthe Customer undertakes to read those terms and conditions and policies before applying for a domain name (copies are generally available from the relevant registry's Website and are available from End Design by fax or post on request) and to comply with them. If the Customer's application for a particular domain name is rejected, End Design will return to the Customer any payments received in respect of that application less a thirty pounds sterling administration fee provided that the Customer has not breached its obligations in this Agreement.


The Customer will provide and post to End Design's server hosting the Customer's Website only Material which is server-ready and which requires no additional manipulation on the part of End Design. End Design shall be under no obligation to validate such Material as not containing Inappropriate Material or for content, correctness, legality or usability. The Customer recognises that using End Design's Website hosting Service requires a certain level of knowledge on the Customer's or its web development agency's part, without limitation for example knowledge of hyper text mark up language or file transfer protocol and other protocols, languages and software, and that it is the Customer's or its web development agency's responsibility to upload the content of the Customer's Website and to check such content functions satisfactorily. If requested by the Customer, End Design may be able to recommend a suitable web development agency to assist the Customer to exploit its Website hosted by End Design's Server. The Customer warrants that it has the necessary knowledge and acknowledges that whilst End Design may endeavour to assist the Customer on a good-will basis, it is not the responsibility of End Design to provide such knowledge or to provide the Customer with support and assistance in relation to its Website hosted by End Design's Server unless otherwise agreed in writing with End Design. The Customer acknowledges and accepts that it bears sole responsibility, legal and otherwise, for the content of all Material appearing on its Website hosted by End Design's Server. For the avoidance of doubt, this clause shall apply to all Material, whether posted on to the End Design server by or on behalf of the Customer, whether by End Design or a third party. The Customer warrants, represents and undertakes in relation to all Material (including any Material which it requests End Design or any third party to post on its Website hosted by End Design's Server) that: 19.1 it is not Inappropriate Material; 19.2 the Customer either has sole ownership of all Intellectual Property Rights in such Material in each jurisdiction from which the Website may be accessed and/or has obtained full and effective licence(s) from all relevant third parties allowing the Customer or a third party acting on behalf of the Customer to use the Material and to permit its dissemination world wide. The Customer undertakes not to link to any Inappropriate Material from its Website. End Design 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 End Design constitutes or would if posted constitute Inappropriate Material 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 harms or would if posted harm the reputation of End Design in any way. End Design's rights to suspend availability of the Customer's Website and/or remove content shall be without prejudice to the Customer's sole responsibility for content of the Website under clause 18 and to the warranties given by the Customer relating to that content Hosting of Material by End Design on the Customer's Website shall not under any circumstances constitute a waiver of any of its rights in relation to such Material or of its rights in relation to any breach of the Customer's obligations under this Agreement. The Customer undertakes to fully virus-check all data supplied to End Design pursuant to this Agreement 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 day's prior notice in writing to End Design; 24.3 to keep secure from third parties any passwords issued to the Customer by End Design in connection herewith; 24.4 to observe the limitations on data transfer notified to it by End Design and agree, if such limits are exceeded, to pay the appropriate excess charge at End Design's then current rates.

WAIVER The failure on the part of End Design to exercise or enforce any rights conferred by the contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.

SEVERABILITY The invalidity of the whole or any part of any of these Conditions shall not affect the validity of the remaining part of the particular Condition or the other provisions of these Conditions.

NOTICES Any notice required to be given hereunder shall be in writing and may be delivered personally or sent to the other party by pre-paid first class post, telex or facsimile at its registered office or principal place of business or last known address, and shall deemed to have been received, if sent by post, 24 hours after posting and, if sent by telex or facsimile, immediately upon despatch whether or not it is actually received.

HEADINGS Headings to any of these Conditions are included to facilitate reference only and shall not affect the construction hereof.

LAW These Conditions shall be governed by English Law and the English courts shall have jurisdiction in relation thereto.