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1 - GENERAL AGREEMENT 1.1 The General Agreement is based on all services GraFreckle has based the Agreement on. On any service provided by GraFreckle, Additional or Particular Terms may apply. If in any case the Additional or Particular Terms are in conflict with the General Agreement, The Additional or Particular Terms will precede. 1.2. By ordering Services You are agreeing to these Terms & Conditions. 1.3 If GraFreckle agrees with Extra or Additional services the Contracting Party wishes, these services will be based on the General Agreement. 1.4 GraFreckle holds the right to alter the General Agreement, the Additional Agreement or Particular Agreement at any given time with immediate effect. If you do not agree to the relevant change, your only remedy is to terminate the Services by 14 days notice to us. 2 - START, DURATION AND END OF AGREEMENT 2.1 Agreement applies when Contracting Party signs the Agreement or when he has verbally assigned GraFreckle to a project. In the case of Hosting-packages or Domains, Agreement applies on the date the Contracting Party orders the Hosting-Package or Domain, verbally or in writing. 2.2 The duration of the Agreement for Hosting-packages and Domains is 12 months, with the exception of a .NU domain which is 24 months. After this time, the contract is automatically renewed unless Contracting Party terminates the contract in writing in regards as named in 2.3 of these Terms and Conditions. 2.3 Contracting Party can end the Agreement in writing for GraFreckle's services at any given time. GraFreckle will send Contracting Party a bill for the work done up to the date of ending the Agreement. Contracting Party can terminate contract for Hosting-Packages or Domains at least 3 months before the end of the contract period. In case of termination, Contracting Party is obligated to pay the amount due till the end of the contract period. 2.4 If Contracting Party does not abide by what is defined in the Agreement, GraFreckle has the right to end all services, retrieve a website from the internet and/or terminate the Hosting- or Domain-contract. In case of GraFreckle terminating a Hosting- or Domain-contract, Contracting Party is obligated to pay the amount due till the end of the contract period. In case of GraFreckle ending all services the Contracting Party is obligated to pay for the services provided till the date GraFreckle ends services. 2.5 Contracting Party can order an unlimited amount of Domains or Hosting-packages. 2.6 GraFreckle has the right to charge the Contracting Party for installing or supervising Domains or Hosting. 2.7 GraFreckle has the right to transfer the rights and obligations in these Agreements partly or completely to a third party if GraFreckle is convinced that he can abide by the obligations in these Agreements. 3 - SERVICE AND CONTENTS 3.1 GraFreckle will not upload a website to a hosting provided by any different provider. If the Contracting Party wishes to stay with another provider, GraFreckle will provide services but will have the right to leave the uploading of the files to the Contracting Party. 3.2 GraFreckle does not place any content such as: discrimination, cruelty to animals, any form of violence, adult websites, Etc. 3.3 In case Contracting Party places contents such as named above (3.2) on a website after GraFreckle has completed the project, GraFreckle holds the right to inform the provider and/or retrieve the website from the internet. 3.4 GraFreckle is not responsible for any contents or the accuracy of any content in any website. Complaints about content should be directed to the Contracting Party of the website. In case the address of the Contracting Party is not available on the website, GraFreckle will pass on the complaint. GraFreckle will not pass on addresses of Contracting Party to third parties who hold that complaint. 3.5 GraFreckle has the right to contract out services partly or completely to a third party if GraFreckle is convinced that he can abide by the Contracting Party's wishes and by the obligations in these Agreements. 4 - SERVICE AVAILABILITY 4.1. We shall use our reasonable endeavors to make available to You at all times the Server and the Services but We shall not, in any event, be liable for interruptions of Service or down-time of the Server. 4.2. We shall have the right to suspend Services at any time and for any reason, generally without notice. 4.3. We will not be held liable or responsible for any direct or indirect loss or damages to Your business or that of any third party nor for any loss of profits, opportunity or data. 4.4. Subject to immediately above, Our liability shall in no circumstances exceed the total sums paid to Us by You under the relevant contract.
5 - QUOTATION 5.1 If GraFreckle provides the Contracting Party a Quotation, GraFreckle has to abide by the amount named in that Quotation, unless such as named in 4.2 and 4.3 or additional services have been provided. 5.2 A Quotation is valid for a period of 2 months unless otherwise stated in the Quotation. 5.3 If Contracting Party has agreed upon services with GraFreckle, the Contracting party is obligated to provide GraFreckle with the necessary data and/or files for these services within a period of 2 months after agreement. If Contracting Party fails to do so within this period, GraFreckle has the right to alter amounts provided in the Quotation or alter the amounts verbally agreed upon. 6 - PAYMENT 6.1 Bills regarding services by GraFreckle will be sent by completion of those services or when either party has terminated or cancelled these services. Bills regarding Domains and Hosting will be sent once a year. 6.2 GraFreckle will not start work until a signed copy of the quotation and a non-refundable deposit is received. For a Static Basic web site, the deposit amount is € 200 + vat, for a Dynamic web site the deposit amount is € 500 + vat. 6.3 Contracting Party is obligated to pay within 14 days of receiving a bill. In case Contracting Party does not pay within those 14 days, a reminder will be sent. If Contracting Party does not pay within the given time in that reminder, GraFreckle has the right to retrieve the website from the internet and/or assign a third party to ensure the Contracting Party's obligation. 6.4 If Contracting Party has a complaint regarding the amount on the bill, complaint should be made in writing within 14 days. All prices are excluding VAT. In case of any questions, please don't hesitate to contact us Explanations "Contracting Party" Person or Corporate Body that signs a contract for services provided by GraFreckle, or agrees upon services provided by GraFreckle. "GraFreckle" or "We" GraFreckle Webdesign, address: Gael's Lap - Coomleagh West - Bantry - Co.Cork - Ireland "Agreement" The Agreement between GraFreckle and the Contracting Party to whom these General Agreements apply "Additional or Particular Terms" The terms and conditions for a particular service which count as an additional Agreement to the General Agreement "in writing" A letter by way of: • postal services, containing date and signature • E-mail
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