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Terms & conditions

These General Terms of Service (the ‘Terms and Conditions’) are a legal supply agreement between you (‘you’ or ‘your’ or ‘the client’) and Buzzbar Holdings Limited, a company incorporated in England and Wales with company number 09883868 with a registered office at 78 York Street, London W1H 1DP, England (‘Buzzbar’).

These Terms and Conditions govern your use of Buzzbar’s services, including mobile applications, websites, software, hardware and other products and services (collectively, the ‘Services’), whether such Services are offered by Buzzbar, Buzzbar Holdings Limited or a subsidiary or an affiliate of either such company (each, a ‘Buzzbar Company’).

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Buzzbar. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.

If you are using the Services on behalf of a business, you agree that you are accepting these General Terms and have authority to enter into these General Terms, on behalf of that business. Those Additional Terms become part of your agreement with us, including those listed below. You should read all of the terms carefully.

1. Privacy

You consent to Buzzbar’s Privacy Policy, which explains how Buzzbar collects, uses and protects the personal information you provide to us.

2. Buzzbar Account Registration

You must open an online account with Buzzbar (a ‘Buzzbar Account’) to use the Services. During registration, Buzzbar will ask you for information, including your name and other personal information. You must provide accurate and complete information in response to Buzzbar’s questions and keep that information current by updating Buzzbar Support. You are fully responsible for all activity that occurs under your Buzzbar Account, including for any actions taken by persons to whom you have granted access to the Buzzbar Account. Buzzbar reserves the right to suspend or terminate the Buzzbar Account of any user who provides inaccurate, untrue or incomplete information or who fails to comply with the account registration requirements. A separate account is required for each company or organisation.

3. Buzzbar Credits & Promotional Offers

In certain instances, Buzzbar may offer you credits (“Buzzbar Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Paid Services. Your available Credit balance will appear in your online account. Your valid Buzzbar Credits will be automatically applied to your next Paid Service and can be viewed on your Invoice. Unless otherwise stated, Buzzbar Credits expire 6 months from date of issue. Buzzbar Credits serve only as an incentive to use Buzzbar Services, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Buzzbar Credits may be subject to additional conditions and restrictions as will be disclosed to you upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Buzzbar reserves the right to modify or cancel the Buzzbar Credits program at any time. If you or Buzzbar deactivate or suspend your Buzzbar account, any unused Buzzbar Credits in your account will be forfeited.

Buzzbar may also run promotional offers marketed to you directly or with 3rd party providers. Offers may not be used in conjunction with each other or with a further free consultation and are to be redeemed one per user account. Specific Offer T&Cs will be shown as part of the promotional sign up process.

4. Consultations

Buzzbar may offer a complimentary consultation to new customers. Consultations must be booked through our online system and appointments are available up to 11 weeks in advance. If you need to reschedule or cancel your appointment we ask that you give us 24 hours notice. We are then able to re-schedule your appointment twice. If you don’t let us know and miss your appointment, a no show, or you cancel with less than 24hours, Buzzbar are not obliged to offer another free Consultation.

5. Paid Services

Buzzbar may offer Services to be paid for on a recurring basis or on an as-used basis (collectively, ‘Paid Services’, the fees for the Paid Services being ‘Paid Service Fees’). Paid Service Fees may be paid by debit card or credit card. When you link a debit or credit card to your account, you authorise Buzzbar to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, Buzzbar reserves the right to collect Paid Service Fees.

6. Video Conferencing

We offer Consultations and Paid Service appointments both side by side at Buzzbar, over the telephone and also virtual meetings using Zoom. You can read Zoom’s Privacy and Legal Policies here. The same appropriate standards and professionalism are required by all parties regardless of the platform used.

7. Estimates & Service Costs

7.1

All quotes/estimates are valid for 30 days from the date of submission.

7.2

Quotes/estimates are based on the information provided by the Client, including but not limited to detail on quantities, structure, scope and functionality. Any quote/estimate may therefore be subject to change should the client’s requirements change at any time.

7.3

Unless otherwise stated stock images, models, production assets, delivery and VAT will be charged extra.

7.4

The costs provided when quoting/estimating are guide prices based upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this in advance. Charges are unlikely to deviate significantly from those estimated unless requirements change, however please allow a 10% contingency on price when considering your budget to allow for potential unanticipated requirements, additional development or ‘scope creep’.

7.5

No creative or development work will commence until Buzzbar has received written approval of the estimate by email or through the Buzzbar Dashboard. This ensures that Buzzbar is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion.

7.6

Unless otherwise agreed in writing, the balance of payment will be due in full at the end of each work session. All invoices must be settled in full before further appointments and work can continue. Late payments may result in delays on the work progression and also additional charges being made.

7.7

Any printing, fulfilment, mailing or third-party services that are provided by Buzzbar will require an up-front payment of 100% of the agreed cost. Please note that Buzzbar will be unable to proceed to this stage without receipt of proof of this payment.

7.8

Work will commence in your booked session. Any anticipated completion date provided by Buzzbar is subject to options chosen and client co-operation in provision of information, resource (logos, images, etc.) and approval. Buzzbar will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Timelines provided are estimated but Buzzbar will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure (acts of God).

7.9

At the end of each stage of the process (including – but not limited to – before sending an item to print or publishing a website etc) the client will need to ‘sign-off’ their approval either through the Buzzbar Dashboard or by email. No further development can be undertaken until Buzzbar is in receipt of written approval confirmation. Any amends to work after Approval will incur additional charges for further time spent, although the client would be made aware of this in advance.

7.10

Meetings & briefings are charged at the hourly rate. The booking of any meetings whether in person or by phone and acceptance of a meeting is agreeing to the cost.

8. Methods

8.1

Buzzbar recommends that you use our preferred suppliers for print and is able to provide competitive quotations to ensure high quality and service is maintained until delivery of the final product. We always seek a number of quotations from our trusted print suppliers and provide a complete management service: from print sourcing to print-liaision to proof checking. Although you are not contract-bound to use Buzzbar to provide this service, it is highly recommended for quality control and peace of mind. If you prefer to use your own print supplier, Buzzbar will simply provide artwork directly to you to manage and forward, and will be unable to monitor, advise or take any responsibility for the process or final output.

8.2

You should be aware that due to a variety of factors there will often be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g Buzzbar printer, the client’s printer, the image setter, the monitor etc will differ from the other), the types of inks or make-up of colours (even Pantone colours can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc) used, individual preferences (ambient light, personal computer settings etc) and several other reasons. As a result of this Buzzbar is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by the client. In the case of printed items, the only true guide as to what is likely to be produced, is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost. However as long as the client accepts there may be inconsistencies across work produced, this step may not be necessary. Buzzbar does not accept any responsibility for colour variations as a result of these indeterminate factors.

8.3

Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of Buzzbar. Full copyright and ownership of all ‘commissioned’ work will reside with Buzzbar until full payment has been received, at which point Buzzbar will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing wherever possible and Buzzbar’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.

8.4

Buzzbar will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to Buzzbar. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application for copyright or trademark with the ‘UK Intellectual Property Office’ if required.

8.5

If requested, Buzzbar will (at its discretion) provide the client with end-artwork in its final form (e.g. print-ready PDF; outlined EPS file etc). However Buzzbar does not by default (and possibly without further charge) provide clients with original artwork (for example an InDesign file or layered Photoshop file) or any ‘working’ or ‘development’ files, rejected concepts and designs, programming source files, raw/unedited photos or video footage, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Buzzbar for non-exclusive future use.

8.6

Buzzbar reserves the right to sub-contract the fulfilment of an order or any part thereof.

8.7

Any images supplied electronically will be incorporated into designs without charge provided that they are of suitable quality. All images need to be supplied as EPS illustrator vectors for logos and Photoshop tiffs (300dpi min) for pictures. Any logos that need to be re-drawn or images requiring scanning or alterations will be charged at our hourly rate. Images sourced from external image libraries may incur additional licence/royalty charges payable by the Client.

8.8

Should the Client supply text, artwork or images, Buzzbar is not obliged to edit, check or guarantee the correctness thereof in any way whatsoever, and the end product shall be made at the entire risk of the Client.

8.9

Buzzbar shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by the Client. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.

8.10

Origination and/or conceptual work and any copyright subsisting therein shall remain the property of Buzzbar unless otherwise agreed in writing with the Client.

8.11

The Client’s property and property supplied to Buzzbar on behalf of the Client, while it is in the possession of Buzzbar or in transit to or from the Client, will be deemed to be at Client’s risk unless otherwise agreed and the Client should insure accordingly.

8.12

Buzzbar may charge rent for storage of goods retained at Client’s request, or items left with Buzzbar before receipt of the order or after notification to the Client of completion of the work.

8.13

When required to expedite project delivery ahead of the time needed for proper production of a given deadline, Buzzbar shall not be liable for defects occasioned thereby. Should such delivery require payment of overtime wages, delivery charges or other additional costs, all such extras will be for the Client’s account.

8.14

Buzzbar shall not be required to use, print, upload or hold any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of a third party.

9. Invoices and Payment

9.1

Payment must be made by the invoice due date.

9.2

We understand and will exercise our statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998 amended by European Directive 2000/35/EC if we are not paid according to these terms.

9.3

All work remains copyrighted to Buzzbar until settlement of relevant fee account.

9.4

All invoices are subject to UK VAT at the current rate, unless a valid exemption certificate is provided.

9.5

All payments must be in UK Pounds Sterling.

9.6

All work completed after project inception will be billed as it is completed at the end of the day as Work in Progress (WIP) until the conclusion of the project.

9.7

If the Buzzbar incurs any costs as a result of the Client’s neglect or default, Buzzbar may charge those costs to the Client in addition to the project price.

9.8

The Client shall pay for any preliminary work which is produced at his/her request, whether experimentally or otherwise.

9.9

When payment is overdue, Buzzbar may suspend work, service and/or delivery without notice and without prejudice to any other legal remedy until due payment has been made. Furthermore, any work started but incomplete may be suspended and payment therefore becomes immediately due and payable, notwithstanding anything expressed herein, and any monies in respect of.

9.10

Buzzbar may require payment in advance, or a deposit of at least 50% of the quote/estimate total prior to instigating work on an order, particularly but not limited to the following situations: new clients; clients with a poor payment history; large, lengthy or complex projects. Where a deposit is required, the balance shall be due upon completion of the work, unless otherwise agreed in writing in advance.

9.11

If your payment is returned by the bank as unpaid for any reason, you will be liable for a charge of £50 for each occurrence.

10. Proofing

10.1

Proofs, pull samples, specimens, sketches, photographs, links or any representation, whether partial or total, of the finished article in whatever form may be submitted to the Client for approval.

10.2

After approval the Client shall have no claim against Buzzbar for errors in the exemplar as approved by them.

11. Insolvency

11.1

If the Client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is deemed to be unable to pay its debts or have a winding-up petition issued against it or being a person who commits an act of bankruptcy or has a bankruptcy petition issued against him, Buzzbar without prejudice to other remedies shall:

11.1.1

Have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Client. Such charge to be an immediate debt due to him.

11.1.2

In respect of all unpaid debts due from the Client have a general lieu on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts.

12. Force Majeure

12..1

Buzzbar shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to Buzzbar elect 'to terminate the agreement and pay for work done and materials used', but subject thereto shall otherwise accept delivery when available.

13. Information Provided by You

13.1

You warrant that the name, address and payment information provided when you place your order with Buzzbar will be correct and you agree to notify Buzzbar of any changes in the name, address and/or payment details.

13.2

You agree that Buzzbar may disclose your name and address where any enquiries are made.

13.3

You warrant that you possess the legal right and ability to enter into this Agreement and to use the Buzzbar’s services in accordance with this Agreement.

14. Indemnity

14.1

You shall indemnify us and keep us indemnified and hold us harmless from all liabilities, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), costs and damages, howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement, or arising out of claims based upon or relating to our work for you or any claim brought against us by a third party resulting from the provision of any Services to you and your use of them.

14.2

Buzzbar will notify you promptly of any claim for which Buzzbar seeks specific indemnification at the currently supplied address. Buzzbar will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Buzzbar’s interests, as reasonably determined by Buzzbar and/or its legal representatives.

15. Limitation of Liability

15.1

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, are subject always to sub clause 10.12.2.

15.2

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

15.3

In any event, no claim against Buzzbar shall be brought unless you have notified the Buzzbar of the claim within one year of the issue arising.

15.4

In no event shall Buzzbar be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of business, contracts, anticipated savings or profits or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Buzzbar's negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by Buzzbar.

15.5

Buzzbar warrants that its services will be provided using reasonable care and skill. Where Buzzbar supplies any goods supplied by a third party, Buzzbar does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the supplier of the goods to Buzzbar.

16. General Terms

16.1

These conditions and all other express terms of the contract shall be governed and constructed in accordance with the laws of England and you hereby submit to the non-exclusive jurisdiction of the English courts.

16.2

Buzzbar shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control.

16.3

All quotes/estimates, briefs and other Client/Buzzbar documents are commercially confidential and may not be disclosed to third parties without prior written agreement.

16.4

These terms and conditions, together with any documents expressly referred to in them, contain the entire Agreement between Buzzbar and the Client relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings, proposals or contemporaneous communications, written or oral: between Buzzbar and the Client 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 confirm that 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 expressly made in this Agreement.

16.5

Any notice to be given by either party to the other may be sent by either email or post to the address of the other party as appearing in this Agreement or ancillary application forms 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 post shall be deemed to be served two days following the date of posting.

16.6

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

16.7

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Buzzbar as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of Buzzbar. You agree that Buzzbar will not be liable by reason of any representation, act or omission to act by you.

16.8

Buzzbar reserves the right to revise, alter, modify or amend these terms and conditions, and any of our other policies and agreements at any time and in any manner without prior notification. Please check this page from time to time to take notice of any changes we have made, as they are binding to you.

16.9

If any of the provisions of this Agreement are judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will be not be deemed to be prejudiced.

16.10

This Agreement takes effect on the date on which you order our services. Acceptance of these terms is an absolute condition of the Client requesting work. An order constitutes acceptance of all our Terms and Conditions.

16.11

You shall not assign this Agreement or any benefits or interests arising under this Agreement without the Buzzbar’s prior written permission.

17. Print Terms & Conditions

17.1

Proofing

17.1.1

After initial design and layout, a mono proof will be submitted for author’s corrections to be identified. These corrections will be carried out inclusive of the quoted price. On approval of a second mono proof, again inclusive of the quoted price, the design will be classed as complete, where a final colour proof will be provided for full Client sign off. Any additional author’s corrections requested after the second mono proof is submitted will be charged at our hourly rate.

17.2

Print

17.2.1

Standing matter and printers’ materials of any kind are effaced or disposed of immediately after the order is executed unless written arrangements are made for retention in advance.

17.2.2

Buzzbar shall not be required to work to tolerances closer than those applicable to the materials obtained by him in the ordinary course of trade. No liability shall arise from variation in the standard, quality and performance of such materials.

17.2.3

Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for work in one colour and 10% for other work being allowed for overs or shortage (4% and 8% respectively for quantities exceeding 50,000) the same to be charged or deducted.

17.3

Materials supplied by the Client

17.3.1

Buzzbar will not be responsible for imperfect work caused by defects in or unsuitability of material and equipment supplied by the Client. Buzzbar will not be responsible for Client’s material wasted in course of production. Extra costs incurred through the use of defective materials or equipment supplied are for the Client’s account.

17.3.2

Buzzbar may reject any paper, plates or other materials supplied or specified by the Client which appear to them to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Buzzbar in ascertaining the unsuitability of the materials then that amount shall not be charged to the Client.

17.3.3

Quantities of materials supplied by the Client shall be adequate to cover normal spoilage.

17.4

Machine Readable Codes

17.41

In the case of machine readable codes or symbols, Buzzbar shall print the same as specified or approved by the Client in accordance with generally accepted standards and procedures.

17.4.2

The Client shall be responsible for satisfying themselves that the code or symbol will read correctly on the equipment likely to be used by those for whom the code or symbol is intended.

17.4.3

The Client shall indemnify Buzzbar against any claims by any party resulting from the code or symbol not reading or not reading correctly for any reason, except to the extent that such claim arises from any failure of Buzzbar to comply with any of the above which is not attributable to error falling within the tolerances generally accepted in the trade in relation to printing of this sort.

17.5

Delivery

17.5.1

Goods will be dispatched or must be collected by the Client when ready and the Client shall not refuse or delay delivery.

17.5.2

Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Buzzbar and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to Buzzbar and the carrier within seven days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other complaints and claims must be made in writing to Buzzbar within 28 days of delivery. Buzzbar shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Client proves that it was not possible to comply with the requirements and advice (where required) was given and the claim made as soon as reasonably possible.

17.5.3

Goods completed but not delivered shall thereupon forthwith become due and payable. Moreover after the expiration of 14 days notice Buzzbar may exercise a general lien on all the Client’s goods and property in our hands and may dispose of such goods and property as they see fit and apply the proceeds towards such debts. Buzzbar may also elect to cancel further work and/or not produce any unmade balance of such contract and recover from the Client any losses sustained by so doing.

17.5.4

Buzzbar shall not be liable for any loss to the Client arising from delay in transit howsoever caused.

17.5.5

The risk in the goods passes to the Client upon delivery (whether to the Client or to a common carrier) but legal and beneficial ownership shall remain with Buzzbar until payment in full has been received (each delivery being considered as a whole). Until the date of payment the Client, if so required by Buzzbar, shall store the goods in such a way that they are clearly identifiable as the property of Buzzbar.

18. Digital Media Terms & Conditions

18.1

Programming

18.1.1

Buzzbar can only program sites to be as secure as reasonably possible at the time of delivery and can not offer indemnity against future threats/developments.

18.1.2

Once Buzzbar has deemed a project to be complete, any amendments will be charged at Buzzbar’s hourly rate.

18.1.3

Buzzbar develops websites for compatibility with the most common modern browsers and cannot guarantee compatibility with deprecated versions or not widely used browsers. If further compatibility is required, Buzzbar must be advised at the outset.

18..2

Ownership

118.2.1

The ownership of the web pages and copyright therein shall remain with Buzzbar until payment in full has been received for all sums owing. Once payment has been received, ownership and copyright shall pass to the Client for page text and graphics specific to the Client.

18.2.2

Ownership of all software code shall remain with Buzzbar and it is expressly agreed that the use of such code does not confer any passing of title from Buzzbar to the Client, and it shall not be reused for different purposes than the piece of software in question.

18..3

Content

18.3.1

The Client shall supply the copy for your web pages in clear and usable permanent or electronic form and shall be entirely responsible for the content of the web pages.

18.3.2

All images uploaded to websites by the Client (via CMS, FTP or other) should be optimised (compressed file size). Buzzbar can provide advice on the best image editing software packages, but accepts no responsibility for the performance or compatibility of third-party software, or the results they produce.

18.3.3

When a test link is provided, it is the responsibility of the Client to test the functionality, read and check all copy, as well as approve the design and images used before approval is given.

18.3.4

Buzzbar can provide legal disclaimers and privacy policies; but it is the responsibility of the Client to confirm with their own legal advisers that these meet their individual requirements, as Buzzbar accepts no responsibility for their accuracy, relevance or currency.

19. Website / File Hosting and Email Terms & Conditions

19.1

Summary

19.1.1

Buzzbar offers website, web service, file hosting and database hosting services through the use of third party providers and is subject to requirements set out in these terms and conditions and any other relevant terms and conditions, policies and notices which may be applicable to the supply of hosting services.

19.1.2

Below is a summary of the main points covered in these terms:

19.1.2.1

Whilst we and our suppliers will always endeavour to give you the best possible level of service, we cannot guarantee 100% availability of service or backup of files.

19..2.2

Buzzbar and our suppliers accept no responsibility for any losses caused through a loss of service or files.

19.1.2.3

Your service will be removed if you fail to pay in time or misuse the service.

19.1.2.4

Buzzbar will not be liable for any costs to restore your service once it has been removed.

19.1.2.5

Any work undertaken by Buzzbar at the request of the Client will be charged at our standard hourly rate dependent on your chosen price plan, including investigations regarding problems or loss of service that are not due to Buzzbar or our suppliers. Buzzbar should only be contacted after you and your IT professional/advisor have established that any problems are not due to you or your systems.

19.2

Website & Email Content & Use

19.2.1

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 or damage to any data stored on the Server. You warrant the accuracy, truthfulness and reliability of any information (including, where applicable, statements of opinion or advice) which you place or allow to be placed on your web pages. You warrant that you are authorised to promote and/or provide any information which you promote and/or provide on your web pages (for example if you are providing financial information, that you hold any necessary authorisation under all relevant legislation including the Financial Services Acts).

19.2.2

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

19.2.2.1

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.

19.2.2.2

You will not host, post, publish, disseminate, link to or transmit:

19.2.2.2.1

Any material or information which is unlawful, infringing, threatening, abusive, malicious, defamatory, obscene, indecent, blasphemous, profane or otherwise objectionable in any way.

19.2.2.2.2.2

Any material containing a virus or other hostile computer program.

19.2.2.2.2.3

Any material or information which constitutes, or encourages the commission of a criminal offence, or which threatens, harasses, stalks, abuses, disrupts or violates the legal rights (including rights of privacy and publicity) of others, 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.

19.2.2.2.3

You will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our suppliers network using bulk email.

19.2.2.2.4

You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.

19..2.2.5

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

19.2.2.2.6

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

19.2.2.2.7

In the case of an individual User, you warrant that you are at least 16 years of age and if the User is a company, you warrant that the Server will not be used by anyone under the age of 16 years.

19.2.2.2.8

You are entirely responsible for any civil or criminal liability that is incurred as a result of any use of your web pages. If you post or allow to be posted a defamatory or libellous message, it is you that will be deemed to have published it and you shall be liable for the consequences of it.

119.2.3

We and our suppliers reserve the right to remove any material which they deem inappropriate from your web site without notice (specifically, but not restricted to, Warez and illegal MP3 content).

19.2.4

If you advertise or offer to sell goods or services via your web pages, you undertake to provide goods in conformity with any description and warranties made. You agree to comply with all relevant legislation including Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts. If you are advertising goods in the course of a trade or business this must clearly be so stated.

19.3

Charges

19.3.1

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us and shall be due and payable in advance of their service provision without any set-off or other deduction. We reserve the right to change pricing at any time, although all pricing is guaranteed for the current subscription period.

19.3.2

Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given.