Terms & Conditions

These terms have been drawn up under legal advice to protect Mooloop from bad debts and the compensation culture - we are generally agreeable, understanding and flexible and will be unlikely to strictly enforce these terms and conditions with clients that are also honest, agreeable, understanding and flexible.

Terms of Business:

All Users of services provided by Mooloop, by use of such services, accept the terms of business set out as follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.

The following constitute the terms and conditions under which Mooloop trades and supplies its services and related products. These conditions, in conjunction with the details as shown on the Mooloop Order Form (where completed) represent the totality of the agreement and form the Contract between Mooloop and the User.

Any agreed variation or alteration to part of these terms and conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order. Mooloop is entitled to suspend services if the User does not adhere to any or several conditions of this Contract.

1. Definitions

In this Contract unless the context otherwise requires:

"Service" or "Services" means domain name registration, Server hosting, bandwidth provision, email and any other service or facility provided by us to you.

"Server" means the computer server equipment operated by us or provided by you in connection with the provision of the Services;

"Mooloop" is a registered trademark and the trading name of Mooloop Ltd. Registered office: Park House, 37 Clarence Street, Leicester LE1 3RW;

"Contract" means the agreement between Mooloop and the User incorporating these conditions, the Mooloop Order Form (where completed) and Mooloop's charges for the provision of its services; References to "Agreement" shall, where the context admits, be read as referring to the Contract

"bandwidth" means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract;

"data transfer" means all traffic that passes through the Server including specifically but not exclusively web traffic, email, FTP transfers;

"Site" means the premises or location at which Service is or is to be provided under this Contract;

"Equipment" means equipment which is supplied by or on behalf of Mooloop to the customer or placed at or on a Site for the purpose of providing Service;

"Internet" means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Intermit Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;

"User" means you, the Customer, or any person who makes use of the services though you or on your behalf;

2. Provision

2.1 If payment is outstanding, Mooloop shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. All payments by cheque, bankers draft or money order must be made in pounds sterling.

2.2 Having received a brief of requirements from The Client, either verbal or written, Mooloop will produce a quotation detailing the work to be carried out. The Client must provide written confirmation that the quotation is acceptable either by email or by signing and returning a copy of the quotation. This will effectively form the basis of the contract.

2.3 Once Mooloop has undertaken a commission for services, a cancellation fee of up to 75% will apply if the contract is terminated through no fault of ours.

2.4 Mooloop will produce and publish temporarily on our website a design proof for The Client's approval.

2.5 The customer understands that any Application Service Provider (ASP) services or non Mooloop supplied web services will require a separate contract with the individual service provider and Mooloop will not be held responsible for any changes or service failures.

3. Hosting and Email

3.1 Spamming, or the sending of unsolicited email, from a Mooloop server or using an email address that is maintained on a Mooloop machine is STRICTLY PROHIBITED.

3.2 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss of or damage to any data stored on the Server.

3.3 You shall effect and maintain adequate insurance cover in respect of any loss of or damage to data stored on the Server.

3.4 You represent, undertake and warrant to us that you will use the Virtual Server allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that

3.4.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so;

3.4.2 you will not post, link to or transmit:

(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;

(b) any material containing a virus or other hostile computer program;

(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

Your attention is drawn to the provisions of subclause below.

3.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

3.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

3.7 You shall procure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

3.8 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

3.9 Any access to other networks connected to Mooloop Servers must comply with the rules appropriate for those other networks.

3.10 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers or from corruption by virus and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to date or operations.

3.11 Mooloop will use all reasonable endeavours to adhere to any dates proposed by either Mooloop or you for the provision of Service; however any such date is to be treated as an estimate only and Mooloop accepts no liability for failure to meet such dates.

3.12 Mooloop will use all reasonable endeavours to provide reliable Service; however, it is not practicable to provide Service free of faults and Mooloop does not undertake to do so. In the event of a fault in Service, you must report the fault by telephone telefax or electronic mail to Mooloop's Technical Support at the appropriate numbers or addresses or other such numbers or addresses that Mooloop may from time to time provide. Upon receipt of the fault report, Mooloop will take all proper steps without undue delay to correct the fault. Mooloop shall not, in any event, be liable for interruptions of Service or downtime of a Server.

3.13 Mooloop may:

3.13.1 temporarily suspend for the purpose of repair, maintenance or improvement, part or all of Service, without notice. Mooloop undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension,

3.13.2 give or update instructions regarding the use of Service which in Mooloop's reasonable opinion are necessary in the interests of safety, or to maintain or improve the quality of Service to Mooloop's customers. Any such instructions shall, whilst they are in force, be deemed to form part of this Contract,

3.13.3 vary the technical specification of Service for operational reasons.

4. Bandwidth Utilisation

4.1 If the bandwidth or speed of Service used by you exceeds agreed quotas in a one month minimum period an excess charge will be payable by you at current prices.

5. Content and Misuse

5.1 You will use all reasonable endeavours to ensure that the Mooloop Service is used or includes content that conforms to the laws of this country and will not knowingly permit any illegal use or such use that will bring Mooloop into disrepute.

5.2 You must not, nor must any other person, use the Service: to send or receive any material which is offensive, abusive, indecent, obscene, pornographic or menacing, or in breach of confidence, copyright, privacy or any other rights, to cause annoyance, inconvenience or needless anxiety, or in breach of any provisions as contained within clauses 3 and 4 of this Contract, or other than in conformance with the acceptable use policies of any connected networks and the Internet standards.

5.3 The customer represents to Mooloop an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, or other art work furnished to Mooloop for inclusion in Web pages are owned by the customer, and will not hold Mooloop responsible for any lawsuit or other action from arising from the use of such elements furnished by the customer.

5.4 Mooloop does not warrant that the functions contained in these web pages site will meet the customer's requirements or that the operation of the web pages will be uninterrupted or error free. The entire risk as to the quality and performance of the web pages and website is with the customer. In no event will Mooloop be liable to the customer or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or website, even if Mooloop has been advised of the possibility of such damages. Despite the best efforts of Mooloop errors in web page information will occur. At no time will Mooloop responsibilities for accidentally including erroneous information extend beyond correcting the error.

5.5 Mooloop cannot be held liable for any information contained within The Client's web site or printed literature. The content of such remains the copyright and intellectual property of The Client.

6. Search engines

6.1 Search Engine entry and ranking can in no way be guaranteed.

7. Payment

7.1 All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.

7.2 Charges are exclusive of 'Value Added Tax' which shall, if applicable, be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice.

7.3 You acknowledge that our Services are provided using facilities provided to us by third parties; Mooloop shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the Initial Contract Term or any Extension Term, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate the Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date the Contract ends.

7.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. If such a suspension is imposed, you will be liable for a "reconnection" charge of £25.

7.5 Our invoices are payable within 30 days of the date of the invoice (without any deduction or set off).

7.6 If you fail to make payment of any sum on the due date then, without prejudice to any other right that is available to us, we shall be entitled to:

7.6.1 cancel the contract or suspend any further work undertaken on your behalf and/or;

7.6.2 charge you interest (both before and after judgement) on the amount outstanding at a rate of 6% per annum above the prevailing Abbey National Plc base rate, until payment in full is made.

7.7 Time for payment shall be of the essence.

8. Default

8.1 If you do not pay the charges in accordance with the provisions of this Contract, or break this Contract in any other way, or are subject to bankruptcy or insolvency proceedings Mooloop can (without prejudicing, losing or reducing any other right or remedy) suspend Service, wholly or partially, without notice (but the User remains liable during the suspension to pay charges for Service), or terminate this Contract by immediate notice, without prejudice to Mooloop's pre-existing rights.

8.2 Bankruptcy or insolvency proceeding means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed.

8.3 You continue to be liable to pay all charges which are due for Service during any period in which you do not comply with this Contract.

8.4 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Server and to remove all data located on it. We shall be entitled to delete all such data but we may at our discretion hold such data for such period as we may decide, to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Server as we think fit.

8.5 For so long as any sum due to Mooloop hereunder is unpaid or any other amount is due to or properly claimed by Mooloop from you for services or goods supplied or for any other reason, whether pursuant to these terms or otherwise, Mooloop shall be entitled to retain any property owned by you or lawfully in your custody or possession and which is held by Mooloop or by its agents until such time as all amounts due to Mooloop are paid and/or any issue between you and Mooloop is determined.

8.6 If Mooloop waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by Mooloop in acting upon a breach is not to be regarded in itself as a waiver.

9. Notices

9.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or the Order Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

10. Matters beyond Mooloop's Reasonable Control

10.1 Mooloop is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.

11. Intellectual property rights.

11.1 Mooloop owns copyright to the finished web design site produced. The client will be assigned rights to use the web design project as a web site, once site is uploaded/sent. Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Mooloop retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

11.2 You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

12. Liability.

12.1 You acknowledge that Mooloop has no control over the information transmitted via the Service and that Mooloop does not examine the use to which you put the Service or the nature of the information you are sending or receiving. Mooloop hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.

12.2 Mooloop undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.

12.3 Mooloop is not in any way liable in contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.

12.4 Mooloop makes no warranty as regards to its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and Service interruptions.

12.5 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

12.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

12.7 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

12.8 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

13. Indemnity.

13.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

14. Assignment.

14.1 You may assign all or part of this Contract to any other party only with the prior written agreement of Mooloop. Mooloop reserves the right to assign all or part of this Contract at any time to any subsidiary or associate company of Mooloop.

15. Law.

15.1 This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

16. Headings.

16.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

17. Entire Agreement.

17.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.