1. Introduction
1.1. UniTechnology provides internet services and is a company registered in England, number 05407549 ("UniTechnology").
1.2. Use of any of the UniTechnology computer network by the Customer during the receipt of these services is at all times subject to the terms and conditions of this Agreement.
1.3. This Agreement constitutes the entire agreement between the Customer as an authorised user and UniTechnology and by using UniTechnology's services, the Customer confirms their acceptance of, and agrees to be bound by, this Agreement.
2. Agreement to terms and conditions
2.1. This Agreement takes effect from the date on which the Customer first uses or tests UniTechnology services or products, or when the Customer pays for services or products, whichever is the earliest.
3. Modification of these terms of use
3.1. UniTechnology may wish to update or change the terms, conditions and notices for the service provided from time to time to reflect changes in service, changes in the laws affecting the Services, or for other good reasons. Continued access to or use of the Services provided by UniTechnology after any such change shall constitute the Customer's consent to such changes.
3.2. We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of the system. The Customer agrees not to make any claims whatsoever for compensation in relation to the cancellation or withdrawal of services.
3.3. The Customer is responsible for reviewing information regularly posted online in the terms and conditions pages.
4. Information provided by the customer
4.1. The Customer warrants that the name, address and payment information that the Customer provides when the Customer joins UniTechnology services is correct and the Customer agrees to notify UniTechnology of any changes in name, address and/or payment details.
4.2. The Customer agrees that UniTechnology may disclose the Customer's name and address where there is any complaint about the content of the Customer's pages or in relation to goods or services advertised there.
4.3. The Customer warrants that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use UniTechnology's services in accordance with this Agreement.
4.4. The Customer agrees to be responsible for the use of UniTechnology and to comply with their responsibilities and obligations as stated in this Agreement.
4.5 UniTechnology has full rights to use feedback and suggestions, provided voluntarily by the Customer, without any encumbrances. In particular, Customers should understand that by submitting any feedback or suggestions to UniTechnology concerning the services it provides, the Customer warrants and represents that you own or otherwise control the rights necessary to do so and you are granting UniTechnology and its affiliated companies premission to:
Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and
Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.
These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark, or patent laws in any relevant jursidiction. No compensation will be paid with respect to UniTechnology's use of the materials contained within such feedback or suggestions. UniTechnology is under no obligation to post or use any materials provided by Customers and may remove any such materials at any time and at UniTechnology's sole discretion.
5. Usage
5.1. UniTechnology will not monitor the contents of the Customer's pages. Files that the Customer uploads to their web pages are subject to withdrawal without notice by UniTechnology upon complaint about their content where UniTechnology at their sole discretion deem this necessary.
5.2. The Customer warrants the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which they place on their web pages.
5.3. The Customer warrants that they are authorised to promote any information which they do so on their web pages (for example if the Customer is providing financial information, that they hold any necessary authorisation under the Financial Services Acts etc.).
5.4. The Customer agrees to keep secure their UniTechnology identification, password and other confidential information relating to their account.
5.5. UniTechnology cannot guarantee that the system will never be infiltrated by unauthorised users. The Customer's data may not be secure against such infiltration and the Customer assumes that risk. If the Customer finds evidence of infiltration, please inform UniTechnology and steps will be taken both to try and prevent it and to notify the proper authorities.
5.6. The Customer is personally responsible for the use of their account and the secrecy of their password. If the Customer is a corporate user then the company is also responsible, together with the individual using the account. In addition, the Customer is deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using the correct account ID and password. The Customer must also inform UniTechnology immediately if someone steals their password or if they find someone else is using their ID. The UniTechnology network will not accept the use of any ID more than once so unauthorised infiltration should never happen unless someone has got access to the Customer's ID and password. We will change the Customer's password in the event of this situation arising. The Customer agrees to co-operate with UniTechnology and the police concerning any legal action taken arising from the misuse of the Customer's account by anyone else.
5.7. The Customer is entirely responsible for the content of their web pages. The Customer may not, under any circumstances, use UniTechnology to do any of the following:
- Publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;
- Threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- Engage in illegal or unlawful activities;
- Make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the Customer owns or controls the rights thereto or have received all necessary consents;
- Make available / upload files that contain a computer virus or corrupted data;
- Falsify the source or origin of software or other material contained in a file that the Customer makes available on their web pages;
- Act, or fail to act, in the Customer's use of the web pages, in a manner that is contrary to applicable law or regulation. The Customer is entirely responsible for any civil or criminal liability which is incurred as a result of their use of the web pages;
- To send spam or unsolicited bulk e-mailing.
- Warez - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc, and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
UniTechnology will terminate without warning any account that contains any of the above mentioned contents.
5.8. If the Customer posts a defamatory / libellous message, it is the Customer that publishes it and the Customer who will be liable for the consequences of it. The Customer will also be liable for UniTechnology's reasonable legal costs incurred in defending any defamation or libel action caused by the Customer's page content and the Customer agrees to indemnify UniTechnology for any damages which are awarded against UniTechnology by a court of law or which UniTechnology pays as a result of settling such an action upon Counsel's advice.
5.9. The UniTechnology network may only be used for lawful purposes by the Customer. The Customer acknowledges that UniTechnology is unable to exercise control over the content of the information passing over the UniTechnology connection, and UniTechnology shall not be liable for any posting, transmission or reception of information which infringes any UK law or regulation or which infringes any third party rights. Such posting, transmission or reception is strictly prohibited. The Customer is responsible for creating, maintaining and designing its own pages. UniTechnology cannot guarantee the availability of the service and reserves the right to suspend or terminate the service at any time at its sole discretion.
6. Termination
6.1. UniTechnology may terminate the Customer's subscription at any time, with or without cause, upon reasonable notice.
6.2. Where UniTechnology terminates the Customer's subscription with cause, or the Customer terminates their subscription, Refunds will be given at the discretion of the Company Management of any unused part of their subscription.
6.3. UniTechnology expressly reserves the right to terminate or suspend the Customer's subscription without prior notice should the Customer fail to comply with these Terms and Conditions or should UniTechnology deem such action necessary to protect UniTechnology and in such circumstances UniTechnology will confirm such termination or suspension by subsequent notice.
6.4. The Customer will not be entitled to any compensation whatsoever in the circumstances of termination and UniTechnology will not be liable for any consequential loss whatsoever in relation to termination of the Customer's account in any circumstances. After termination of the Customer's account, UniTechnology may, if they deem it applicable, at their sole discretion, post a redirection to any URL.
7. Use of material for advertising
7.1. UniTechnology will not distribute web pages outside UniTechnology without the subscribers consent but may include information about them in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and the Customer agrees that files which they have uploaded to UniTechnology's services may be used in such manner and for such purposes.
8. Payments & Charges
8.1. The Customer agrees to pay for services by credit card or debit card for their use of UniTechnology at the prices stated and in accordance with these terms and conditions.
8.2. UniTechnology reserves the right to change prices or institute new charges for use of UniTechnology services at any time. All changes will be posted on the UniTechnology web site.
8.3. Payment for use of services is required in advance of the service. If this payment is not made the customer will not be able to use their account and any existing service they have with UniTechnology shall be terminated with no further notice.
9. Termination
9.1 If UniTechnology initiates termination, with the exception of the Customer's failure to make any payments owed thereunder, UniTechnology agrees to cancel any credit/debit card transactions and UniTechnology shall have no further obligations to the Customer nor any obligations to provide the Customer work that had been commenced or completed prior to termination.
9.2 Termination of the Customer subscription must be sent by email to supportdesk@unitechnology.co.uk. Termination of the subscription is not permitted within thirty (30) days from purchasing the subscription. Should the Customer wish to cancel their subscription the Customer must send notice in writing to supportdesk@unitechnology.co.uk from the account holder's email address seven (7) days before the next billing date.
10. Refunds
10.1. Refunds will be given solely at the discretion of the Company Management.
11. Advertising on UniTechnology
11.1. If the Customer advertises or offers to sell goods or services via their web pages, they undertake to provide goods in conformity with any description and warranties made. The Customer agrees to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc.. If the Customer is advertising goods in the course of a trade or business this must clearly be so stated.
12. Exclusion of warranties and limitation of liability
12.1. UniTechnology and all UniTechnology services are provided "as is," and UniTechnology make no express or implied representations or warranties to the Customer regarding the delivery of, usability, condition or operation thereof.
12.2. UniTechnology will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service with a target of 99.95% uptime (excluding scheduled updates and maintenance), however UniTechnology make no representations or warranties regarding the services provided by them and do not warrant that use of UniTechnology will be uninterrupted or error-free, or that UniTechnology services will meet any particular criteria of performance or quality.
12.3. UniTechnologyt will at all times use best endeavours to attempt to maintain and safeguard the Customer's data on its system however UniTechnology accept no responsibility for any loss or damage to data or the loss thereof.
12.4. UniTechnology expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
12.5. The Customer's use of the UniTechnology services is at their own risk. The Customer accepts full responsibility for such use and the risk of any loss resulting from their use of the system and the content of their pages. The Customer also accepts full responsibility for safeguarding their own data.
12.6. Notwithstanding contrary clauses in this Agreement, in the event that UniTechnology are deemed liable to the Customer for breach of this Agreement, the Customer agrees that UniTechnology's liability is limited to the amount actually paid by the Customer for their subscription. The Customer hereby releases UniTechnology from any and all obligations, liabilities and claims in excess of this limitation.
13. Responsibility
13.1. UniTechnology does not accept any responsibility whatsoever for anything posted on the system (except by one of our staff) and the Customer agrees by using the system that UniTechnology will not be liable for any direct, indirect, special, consequential, exemplary or punitive damages or losses which are incurred in connection with the use of the system even if UniTechnology have been advised of this possibility and the Customer hereby waives any claims with respect thereto, whether based on contractual, tort or other grounds and the Customer agrees to indemnify UniTechnology and hold UniTechnology harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of the Customer's actions on the system or materials or information transmitted by the Customer in connection with the system. This means the Customer may have to pay UniTechnology where claims are made against us or our system by other callers or third parties.
13.2. The Customer agrees to indemnify UniTechnology from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of the Customer's web pages, including 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.
13.3. UniTechnology will notify the Customer promptly of any claim for which UniTechnology seeks indemnification at the currently supplied address. UniTechnology will afford the Customer the opportunity to participate in the defence of such claim, provided that the Customer's participation will not be conducted in a manner prejudicial to UniTechnology's interests, as reasonably determined by UniTechnology and / or their lawyers.
14. Notices and consents
14.1. Notices given by UniTechnology to the Customer will be given by electronic-mail or by a general posting on UniTechnology web site, or by conventional mail.
14.2. In any matter requiring UniTechnology's prior consent, such consent must be given in writing by an authorised representative of UniTechnology. Notices given by the Customer to UniTechnology may be given by email, fax or mail and will be confirmed via conventional mail.
14.3. Notices to UniTechnology may be sent by the Customer to UniTechnology by conventional mail and must be confirmed via conventional mail.
15. General terms and law
15.1. UniTechnology reserves the right to do normal system housekeeping such as creating back-ups AND do not accept responsibility for ensuring back ups work - the Customer's data security is their own responsibility.
15.2. If UniTechnology suspect Illegal Activity, we may notify the authorities and reserve the right to do anything on the system which out lawyers advise us to do in the protection of the system.
15.3. This Agreement is governed by the laws of the United Kingdom, and the Customer consents to the exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to the Customer's use of the UniTechnology subscription.
15.4. The Customer acknowledge that no joint venture, partnership, employment, or agency relationship exists between the Customer and UniTechnology as a result of their use of UniTechnology services. The Customer agrees not to hold themselves out as a representative, agent or employee of UniTechnology. The Customer agrees that UniTechnology will not be liable by reason of any representation, act or omission to act by the Customer.
15.5. UniTechnology'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 UniTechnology's right to comply with law enforcement requests or requirements relating to a Customer's use of UniTechnology or information provided to or gathered by UniTechnology with respect to such use.
16. Severability
16.1. 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).
17. Entire agreement
17.1. This Agreement constitutes the entire agreement between UniTechnology and the Customer with respect to the Customer's use of UniTechnology and the UniTechnology subscription, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between UniTechnology and the Customer 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.