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Terms of Engagement | |
1) Introduction to the Contract
A contract is formed between a customer (the Customer) and Sure Communication (sur.co.uk) Limited (otherwise referred to as the Company) when the order form or some other form or order has been signed by or on behalf of the customer.
2) Supply
Sure Communication (sur.co.uk) Limited agree to supply the service(s) to the Customer to the extent described in the Proposal/Service Description and according to the terms and conditions of this contract. The relevant Proposal/Service Description shall be deemed incorporated into this agreement.
3) Effective Delivery Date
The effective delivery date for the service will be as described in the Proposal/Service Description or order form.
4) Price & Payment
Sure Communication (sur.co.uk) Limited shall issue an invoice in respect of Service Contract payments (as determined by the relevant Proposal/Service Description) and payments may be made by cheque, credit card or by Monthly Standing Order as defined by the relevant Proposal/Service Description.
Sure Communication (sur.co.uk) Limited reserve the right to vary the Annual Contract Subscription Fee payable in respect of the service from time to time. The Customer shall receive one months prior written notice of such variation. Sure Communication (sur.co.uk) Limited agree that the Annual Subscription Fee will remain fixed for the duration of the initial term (as determined by the relevant Proposal/Service Description).
For accounts in default Sure Communication (sur.co.uk) Limited reserve the right to suspend the service with immediate effect and without notice until such time that the account is brought in line with the agreed terms as specified in the relevant Proposal/Service Description.
5) Term & Termination
The initial term of this agreement shall be for a period as described in the relevant Proposal/Service Description and shall commence on the Effective Delivery Date (“the Initial Term”). This agreement will continue automatically thereafter on a yearly basis unless terminated according to the terms of Sure Communication.
The Customer may serve a minimum of three months notice of termination at any time during the Initial Term provided that such notice shall be effective on or after the expiry of the initial term. The customer may terminate this contract at any time after the expiry of the initial term on giving one months prior notice in writing either party may terminate this agreement forthwith where the other party is in material breach of this agreement and fails to remedy the same within 21 days of written notice demanding such remedy.
6) Limitation of liability
Sure Communication (sur.co.uk) Limited shall not be liable for any indirect or consequential damage or loss (including, without limitation, loss of profits or business opportunity) caused to, or suffered by, the Customer as a result of, or arising out of, any use of, or any fault defect or error in, the services or operation of the Web Site.
Subject to the above paragraph, Sure Communication (sur.co.uk) Limited total aggregate liability in respect of any and all claims (whether arising out of one or more incidents and whether in respect of the negligence of Sure Communication, its agents or employees or otherwise) by the Customer arising out of or in respect of the services or the use of either of them (other than in respect of death or personal injury caused by the negligence of Sure Communication (sur.co.uk) Limited or its agents or employees) shall in no circumstances exceed the total charges payable by the customer in respect of the deliverables. The customer acknowledges that it is reasonable for Sure Communication (sur.co.uk) Limited to limit the conditions and warranties and its liabilities as described above.
This Clause shall survive termination of this agreement for any reason whatsoever.
7) Confidentiality
Each party acknowledges that the other may have imparted or may impart information of a confidential nature relating to the services or that other's business, and agrees to keep all such confidential information confidential and to use it solely in furtherance of this agreement. This obligation shall survive termination of this agreement for any cause whatsoever, but shall not apply to any information which was already in that party's possession or which subsequently comes into that party's possession otherwise than in or through breach of any obligation of confidence.
The customer accepts that the Web is an open system and they must take any necessary steps to protect the security of their own proprietary information.
8) Copyright
The customer must take responsibility for the legality of the material included in their pages. It is the sole responsibility of the customer to ensure that all copyright clearances have been obtained from the appropriate copyright owners.
Copyright on all Web pages produced will belong to the customer. Where the production of services exceeds the provision solely of Web pages then Sure Communication (sur.co.uk) Limited retain all intellectual property rights created beyond those pertaining to the production of the Web pages.
9) Data Security
Sure Communication (sur.co.uk) Limited undertake to make reasonable endeavours to ensure that the chosen Internet server is kept in operation at all times and that suitable backups are made of the software contents against data loss.
10) Improper Use
The Sure Communication (sur.co.uk) Limited or third party servers, networks and/or service may only be used for lawful purposes by the customer.
The customer shall not use the service for the transmission of any material which is in violation of any law or regulation, or which is defamatory, menacing, obscene or in breach of third party intellectual property right (including copyright) or in breach of trade secrets. Any breach of this clause shall be deemed to be a material breach of this agreement and shall entitle Sure Communication (sur.co.uk) Limited to suspend services or terminate the agreement immediately.
11) General
The customer hereby acknowledges that he/she has read and accepts the terms hereof.



