Terms of Website Use
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
[(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
[(e) edit or otherwise modify any material on the website; or
[(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
(4) User generated content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
(5) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(6) Limitations and exclusions of liability
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(12) Exclusion of third party rights
(13) Entire agreement
(14) Law and jurisdiction
(15) Our details
The full name of our company is Metanym Lincoln Limited.
Our address is Unit 205 Mercury House, Willoughton Drive, Foxby Lane Business Park, Gainsborough, DN21 1DY
Registered in England Number 7709463 | VAT registration no 128 1789 91
You can contact us by email at info @ metanym . com
Terms and Conditions of Sale
Thank you for your instructions to either design or update the website for your business. We aim to offer our clients a quality service in our aim to making Metanym the number one choice for web design and development in the area.
Unless otherwise agreed, these Terms and Conditions of Business (“terms”) will apply to all website related matters we undertake for you until you are notified of any change. These terms may be supplemented or varied by us in writing in relation to any particular instruction received from you. Although your continuing instructions will amount to an acceptance of these terms, we reserve the right not to start work on your behalf until one copy of them has been signed and returned to us for our records.
We provide an initial quotation details of which are set out in the letter accompanying these terms and conditions. The fee quoted is based on our assessment of the work required to deliver the agreed product. Where additional work is required this will be assessed and agreed either at a further fixed fee or at an agreed hourly rate. The hourly rates are set out below. We will add VAT to these at the rate that applies when the work is done. At present, VAT is 20%.
Hourly rates: £55 (charged in half hour blocks)
If for any reason you withdraw your instruction or we cease to continue working for you before the project is completed, we will be entitled to charge you for work done on a time spent basis not exceeding the initial quotation given, save where additional work had already been agreed, and for all additional expenses incurred.
Payment is due to us on delivery of an invoice. Interest will be charged on a daily basis at 4% over The Royal Bank of Scotland Plc’s base rate from time to time from the date of the bill in cases where payment is not made within 30 days of delivery by us of the bill. We reserve the right to take your website offline if payment is not made within this period. This will not affect your rights in respect of the bill.
Where as our client you comprise more than one person we shall, in the absence of a written instruction from you to the contrary, be entitled to act for you jointly and upon instruction from any one of such persons and you will each be jointly and severally liable for your obligations in connection with the retainer, which means that we can recover our costs and expenses from any one or more of you.
You may terminate your instructions to us in writing at any time but we will be entitled to keep all designs, paperwork, drafts and any documentation relevant to the work being undertaken while there is money owing to us for our charges and expenses. You must tell us in writing if you do not wish us to continue with the work we are doing for you We reserve the right to stop working for you, for example if you do not pay an interim bill or comply with the request for a payment on account.
Under the Consumer Protection (Distance Selling) Regulations 2000, for some non business instructions, you may have the right to withdraw, without charge, within 7 working days of the date on which you asked us to act for you. However, if we start work with your consent within that period, you lose that right to withdraw. Your acceptance of these terms and conditions of business will amount to such a consent. If you seek to withdraw instructions, you should give notice by telephone, email or letter to the person notified to you as being responsible for your work. The Regulations require us to inform you that the work involved is likely to take more than 30 days.
HOSTING AND DOMAIN NAMES
Use of our domain name registration and maintenance, or hosting, services constitutes acceptance and agreement to the Terms of Service in full. You agree to familiarise yourself with these terms, and abide by them if you choose to use our services to which the terms apply. User Conduct: You agree to abide by all applicable local, national and international laws and regulations regarding your use of our service.
User Eligibility: You represent and warrant that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you must have parental consent, and the account must be ordered by a parent or legal guardians, in their own name. You agree to supply us with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorised user of any credit card that you use with our online domain name and hosting registration and renewal systems, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
Content: You are solely responsible for the contents of your email messages and your website and the consequences thereof. You agree not to do anything, which would restrict or inhibit any other user from using and enjoying the Internet. You further agree not to use our system to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offence, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation. We reserve the right to terminate your account if we become aware and determine, in our sole discretion, that you are violating any of the foregoing guidelines.
Unlawful or Prohibited Use: As a condition of your use of our hosting service you warrant to us that you will not use this for any unlawful purpose. Transmission, distribution, or storage of any information, data or material in violation of United
Kingdom law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. metanym.com reserves the right to remove such illegal material from the metanym.com servers immediately.
Data back-up: You are responsible for keeping a copy of your most current web site files as backup on a remote system. We do not accept responsibility for any lost files, information, or data. However, if any loss of data occurs due to our error, we will use reasonable efforts to recover the data at no charge to you.
User Responsibilities: You may not initiate sites that provide any of the following of the following content or links on our servers:
Pirated Software (Warez) or any software that is copyrighted and not freely available for distribution without cost.
Hacking, phreaking, viruses etc.
IRC Bots, Spamware.
Archives (music, video and program archives)
Sexually explicit, obscene or pornographic content (whether in text or graphics)
Speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity.
‘Pyramid’, ‘Phishing’, ‘Ponzi’, ‘Chain Letter’, ‘Cash Randomizer’ or similar schemes
Any website we deem to have unsuitable content.
Any activity we deem to be of potential risk to our servers
In ALL cases our decision is final.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorised access. You agree to adhere to system policies as published by us, including restrictions on services available with each service type, restrictions on certain features, and all other policies. We reserve the right to terminate any account that does not conform to these requirements.
Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at our sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
Hosting Service Provider’s Rights: You agree that we have the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect ourselves or our subscribers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, or in violation of this agreement. We also reserve the right to refuse refunds in cases where we believe abuse has taken place. We reserve the right to monitor any and all communications through or with our facilities.
Uptime: You agree that we shall not be liable for any damages arising from server downtime. In no event shall we be liable for any special or consequential damages, loss or injury.
Refund Policy: We will refund payments for hosting within seven (7) days of account activation if you wish to terminate, with the exception of setup fees, domain registration fees and additional options charges. No refunds will be issued after seven (7) days, whether in full or prorated. All refunds will be issued back to the payment source within thirty (30) days of receipt of cancellation. Accounts terminated by us for violation of the Terms of Service do not qualify for the 7-day money back guarantee. Account setup fees and domain registration fees are not refundable.
Termination: We reserve the right to terminate this agreement, with or without cause, effective immediately. You may terminate this agreement your hosting account at any time in writing or by email. You may not terminate the account via the telephone, nor does simply canceling a credit card terminate an account. No refund shall be issued. All termination requests must be received by us by midnight on the end of the current billing period in order to avoid paying for the next term’s service. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance, including domain registrations, will be terminated.
Relationship of the Parties
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
Disclaimer of Warranties / Limitation of Liability
The metanym.com hosting service provided is provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non- infringement. metanym.com expressly disclaims any representation or warranty that the metanym.com service will be error- free, timely, secure or uninterrupted. No oral advice or written information given by metanym.com, its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice.
Under no circumstances, including negligence, will metanym.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the metanym.com hosting service, including but not limited to reliance on any information obtained on the metanym.com service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorized access to metanym.com records, programs or services. You hereby acknowledge that this provision will apply whether or not metanym.com is given notice of the possibility of such damages and that this provision will apply to all services available from metanym.com.
Under no circumstances, under the terms of this agreement, shall damages include loss of business, or loss of profits whether based on breach of agreement, breach of warranty, tort, product liability or otherwise.
The terms of this section shall survive the termination of this agreement for whatever reason.
metanym.com retains all rights to any web design and will be credited to accordingly with a discreet hyperlink at the bottom of each page – powered by metanym web design
If by reason of failures of telecommunications or internet service providers, labour disputes, riots, inability to obtain labour or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of metanym.com, metanym.com is unable to perform in whole or in part its obligations as set forth in this Agreement, then metanym.com shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make metanym.com liable to the User.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely – warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
You agree to defend, indemnify and hold harmless metanym.com against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys’ fees) or claims caused by or resulting indirectly from your use of the metanym.com service, without limitation or exception, including your violation of any third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with.
In the event of a merger or consolidation of metanym.com, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.
The failure of metanym.com to enforce a provision of this Agreement shall not be construed as a waiver or limitation of metanym.com right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Modification of Terms
metanym.com reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the metanym.com Web Site. You are responsible for regularly reviewing these documents. Continued use of the metanym.com Services after any such changes shall constitute your consent to such changes. metanym.com does not and will not assume any obligation to notify you of any changes to these Terms.