Symphony host web sites for customers in accordance with our particular set of services set out in our attached proposal or schedule of services and extra agreements. In the absence of a proposal the terms and conditions of hosting are specified in this agreement.
We will host your site and make best efforts for it to be available on the World Wide Web (WWW). The WWW is comprised of many networks and connections outside of Symphony control and we can in no way guarantee availability of a site at any time. Symphony offer two levels of service:
Normal business hours in the UK. This is our normal level of service.
Extended service where Symphony can be contacted 24hrs a day. This level of service does not guarantee correcting problems because of the likely unavailability of the correct programmer but will in general reboot a server.
Symphony will back up a customer's site onto tape on a daily and weekly basis. This tape will be stored off site in case of fire or theft. In the case of failure of equipment or networks, we will make best efforts to restore the connection to the web as soon as possible.
Symphony can in no way be held responsible for any damage to a companies business by a web site or services such as email or FTP being unavailable.
Access to a web site, email or FTP is via an ISP (Internet Services Provider). Symphony cannot be held responsible for any of the policies or actions of an ISP and the customer must be prepared to change ISP if the service of their current supplier no longer works with Symphony systems.
We will hold a domain name on behalf of a customer and will direct that domain name to both a web site and email and FTP accounts. The domain name may be transferred to another company at any time at the standard charge prevailing at the time, providing all payments of outstanding accounts are complete.
All fees for web sites, email and FTP sites are payable yearly in advance. Notice may be given up to 1 month before the anniversary of the hosting otherwise it will be assumed that the hosting will continue for another year at the prevailing rate. We will be fully entitled to turn off a service if an account is more than 30 days overdue without any further notice. Consequences of the site and email being unavailable are the full responsibility of the customer. In the event of termination of the contract the unused portion of the fees paid for the year will be refunded by Symphony.
All payments mentioned are net of applicable taxes.
Whereas Symphony make every effort to make web sites hosted by them available for the maximum amount of time, the servers will be down from time to time because of both routine maintenance and failure of operating and systems software. Symphony do not guarantee that the web systems will be available at any particular time.
Symphony provide a number of services to submit web sites to search engines. This agreement recognises that the nature of search engine acceptance changes on a weekly basis. Symphony shall not give any guarantees on the outcome of promotion of a domain name and web site to search engines. If a web site does not appear in a search engine for any reason the company will in no way be held responsible.
Domain names can be purchased on behalf of customers. The hosting of these domain names can also be performed by us both with and without a web site attached. It is the responsibility of the customer to ensure that a domain name does not infringe any trademarks or copyrights and indemnifies us against any action that may be taken to recover a domain name. Transfer of a domain name and any cost ensuing including legal cost will be the responsibility of the customer. Ownership of a domain name will not be passed to the customer until all outstanding payments are made. The ownership of a domain name passes to Symphony if all no disputed debts are overdue by more than 120 days.
For any domains bough on behalf of customers but held in Symphony name, the customer must have a signed document from Symphony to prove ownership. No transfers can be made without proof of ownership.
The information that you give, both us, and make available on the web both now and in the future is accurate and not in any way false, defamatory, libelous, indecent, obscene, misleading or offensive. We retain the right to amend or remove any information which we consider not accurate and in any way false, defamatory, libelous, indecent, obscene, misleading or offensive.
Your business and any other materials or information you provide to us do not infringe any law, regulations or rights including IPR of other people or organisations.
To comply with our reasonable operating instructions including without limitation instructions to modify your software and hardware for Internet connection in order to receive our services.
Not to use products for any illegal or improper purpose nor allow others to do so.
Agree to notify us and assist in providing a forecast of traffic likely to be directed to any web site. If the traffic volume more than doubles over a one month period without prior agreement we shall be within our rights to disconnect your site to protect the rest of our network from saturation.
If any campaigns such as television or mass advertising are to be initiated we need to be informed in writing a minimum of 8 weeks in advance and agreement made on the capacity for specified volumes of traffic and the costs associated with this. If traffic volumes exceed the estimated amount we shall retain the right to disconnect the service.
The systems and pages designed to a customer's specification must comply with various differing country regulations. The customer indemnifies us against any action that may be brought because of infringement of regulations of another country.
Where information is taken from other sources or databases it is the responsibility of the customer to ensure that there is an agreement for supply of this information with the owner.
The customer is responsible for any final checking of content and user functionality before systems go live. Symphony can in no way be held responsible for any consequence of a site not being checked before announcement. It is the responsibility of the customer to adequately check the site to their own satisfaction.
Customers will not approach or offer any of Symphony employees or contractors any work or employment other than via Symphony for a period of at least 6 months after their final contract or employment with Symphony and at no time while they are working with Symphony.
Where email or FTP services are provided the customer agrees to not use or attempt to use the account to send unsolicited email or "spam" in any way. Use of such email will result in immediate termination of all services.
All intellectual property rights in any design work specifically produced for the customer will be transferred to them on payment of final invoice. A license is issued to the customer for use of the systems and any applications produced for the hosting period on payment of the invoices for the project. As all systems are designed for Symphony specific hosting environment, email, security, ecommerce and other systems, the systems will only be warranted to work on Symphony hosting. On agreement and on further work some systems may be available on external hosts. In no circumstances will Symphony allow its package modules be hosted on external system unless under the control of Symphony in order to protect its IPR from copying.
All data stored on a web site is owned by the customer. This includes and databases of customers, suppliers, advertisements and documents. It is the responsibility of the customer to manage the rights under data protection of all data on the web site.
When designs, photographs and copy are produced for use in printed material, the IPR will be assigned to the customer for that particular project on payment of invoice.
Images on a web site must have the correct rights to be used. Images can be sourced in a number of ways.
From the customer. In this case the images will be assumed to be owned by the customer or they have acquired the rights to use them on the web. It is the responsibility of the customer to ensure they have the correct rights to use an image.
Royalty Free. This is where Symphony have acquired the rights to use the images on web sites. This is typically by purchasing a disc. These images are sold to the customer as part of the digital images charge in the web site build.
Rights Managed Images. These images have a specific set of terms and conditions for each image. Typically an image is bought for a particular purpose e.g. a web site (use in a brochure would be extra). These images tend to have a time charge ie for use over 1 year. These images need to be bought directly by the customer as they will need to manage the use of the image over the duration of existence of the web site and this may be longer than the relationship with Symphony.
It is the responsibility of the client to obtain the necessary licence's for any media that is available on their website. This includes the necessary permissions and licence's for music contained within video clips.
In no event (death or personal injury excepted) will the Company be liable to the Customer for any indirect, incidental or consequential damages arising out of the HOST Services or any products provided under this Agreement, even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion my not apply to the Customer. The Company's liability to the Customer for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to 125% of the Fees paid for the prior 12 months.
The service may be terminated or suspended by Symphony at any time where:
The contact may be terminated by the customer :
All terminations of services by Customer or Symphony must also be communicated by a written/electronic notice.
Neither party shall be liable to the other if its performance of its obligations under this Agreement (other than an obligation to pay money) is prevented or hindered due to any circumstances outside its control.
Should any part of this Agreement, for any reason, be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect. This Agreement is governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdictions of the courts of England and Wales. This Agreement shall be binding upon an inure to the benefit of each party and their respective heirs, successors and assigns.
Except pursuant to court order or as otherwise required under judicial or regulatory proceedings, neither party shall disclose the existence or the terms and conditions of this Agreement without prior written consent to the other party.
It is the responsibility of the customer to register under the data protection act if necessary for the storage and transmission of data. Any data collected and transmitted on via the web site is the sole ownership of the customer and as such the customer is responsible for the legal use of that data.
(a) Symphony acknowledge that its relationship with Customer is one of high trust and confidence and that in the course of Services to Customer it will have access to and contact with Proprietary Information. Symphony will not, at any time disclose to others or use for its benefit or the benefit of others, any Proprietary Information.
(b) Symphony's obligation under this section shall not apply to any information that (i) is or becomes known to the general public under circumstances involving no wrongful act or omission by or attributable to Symphony or other of the terms of this section, (ii) is made available to Symphony as a right by any third party, is independently developed by Symphony, or is disclosed under judicial or governmental process, (iii) is generally disclosed to third parties by Customer without restriction on such third parties, or (iv) is approved for release by written authorisation from Customer.
(c) At any other time, upon request by Customer, Symphony shall promptly deliver to Customer all records, files and documentation relating to the business of Customer. Customer agrees to hold Symphony harmless from, and to indemnify Symphony against, any and all losses, claims, damages, liabilities or expenses (including reasonable lawyers fees) which Symphony may incur based on (a) any information or data concerning customer or customer's products to the extent such material is furnished or prepared by or at the request of customer for use by Symphony, and (b) any defect or alleged defect in any product manufactured by the customer.
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