Any access to and use of this website ("the Website") is governed
by the terms and conditions of use set out below. Use of the
Website implies your agreement and acceptance of these terms and
conditions. If you do not accept these terms and conditions,
please do not proceed and leave the Website immediately.
The Website is owned and operated by Toucan.biz Limited t/a
Church:/Advance (Company Reg No. 03900680) ("Toucan.biz", "the
Company", "We", "Our") whose registered office is situated 5
Boundary Road, Hove BN3 4EH.
| 1. |
GENERAL |
| 1.1 |
The
Website is for use by prospective customers and existing
customers ("the Customer", "Customers") who wish to use one of
more of the services of the Company as provided on the Website
from time to time and as described in paragraph 2.2 below ("the
Services"). If the use of the Website is as a result of an
agreement between a third party and the Company, then to the
extent that these terms and conditions conflict with the terms
and conditions of such an agreement, the terms and conditions of
the Website shall prevail. If the Customer does not agree with
the applicable terms and conditions then the Customer is not
authorised to use the Website or engage the Services. |
| 1.2 |
The
Company reserves the right to change these terms and conditions
at any time without notice by updating this page of the Website.
Use of the Website after the terms and conditions have been
updated constitutes acceptance of the Terms and Conditions as
updated. |
| 1.3 |
The
Website and all intellectual property rights contained therein,
including, but not limited to, any copyright, trade marks and
registered designs (including the right to register any such
rights) are the property of Toucan.biz save in respect of the
intellectual property rights belonging to any licensor,
advertisers, partners, investors or sponsors on the Website. |
| 1.4 |
Whilst
this Website may be accessible from various parts of the world,
the Services provided through this Website are governed by UK law
and as such it is the Customer's duty to ensure that access to
and use of this Website from outside the UK, does not infringe
any local laws. |
| 2. |
USE OF WEBSITE BY CUSTOMERS |
| 2.1 |
The
Website constitutes an invitation to treat. By using the Website,
the Customer accepts the terms of service, as well as the terms
of the Company's Privacy Policy. |
| |
Services |
| 2.2 |
The
Company offers a range of services to Customers, including: |
| 2.2.1 |
Website Content Management System
("Content Management System"); |
| 2.2.2 |
XTN Internet Names (Subdomain names) ("XTN Internet
Names"); |
| 2.2.3 |
Church:/AdvanceTM Store
(E-commerce) ("Church:/AdvanceTM Store"); |
| 2.2.4 |
Church:/AdvanceTM E-mail (E-mail marketing) ("Church:/AdvanceTM E-mail"); |
| 2.2.5 |
Content Transferral ("Content
Transferral"); and |
| 2.2.6 |
Web Hosting Services ("Web Hosting
Services"). |
| |
The Company intends to provide a range of other services along
with those listed above, details and costs of which can be found
on the Website from time to time. |
| |
Registration |
| 2.3 |
In
order to use any of the Services, the Customer must register on
the Website, and this will provide the Customer with access to a
trial/demo version of the one of more of the Services (from time
to time). During the registration process, the Customer is
required to supply name, address, telephone number and an e-mail
address and accept these Terms and Conditions. At Registration,
the Customer will also be given the opportunity to sign up to the
Company's mailing list (subject to Our Privacy Policy). |
| 2.4 |
The
Customer contracts with the Company for the performance of the
Services at the point when the Customer (i) registers on the
Website for use of the Services, (ii) contacts the Company to
place an order for the Services, (iii) signs and returns an
individually tailored order form ("the Order Form"), and (iv)
pays the applicable fee(s) for the Services. Payment of the
applicable fee is accepted by cheque, standing order or by credit
card using the Protx payment gateway provided through the website
from time to time. All major cards are accepted by Protx,
including: |
| |
 |
| |
The Company's card payment service is provided by Protx a
division of Sage (UK) Limited (a service provider) using SSL
protocols with the latest technology encryption and the Company
does not at any material time have access to Customer card
payment details. |
| 2.5 |
Minimum
term commitments to the Services will be as provided from time to
time on the Website and as detailed in the Order Form. Where
there is a minimum term commitment for an ongoing service, the
Company will e-mail an invoice for the following commitment term
to the Customer. Invoices will be sent and payable in the
timescales listed on the Website from time to time and as
detailed in the Order Form. Where the Customer fails to renew the
minimum term commitment for an ongoing service, the Company shall
not be liable for any interruption in the provision of the
Services by the Company. |
| 2.6 |
The
Services are non-transferable and for use only by the individual
or organisation registering to use them. |
| 2.7 |
Where
applicable to the service being provided, the Company reserves
the right to refuse any information it deems inappropriate or
unacceptable from being uploaded to its server. The decision of
the Company in this regard will be final and binding. |
| |
Website Content Management System |
| 2.8 |
The
Content Management System offered as part of the Services of the
Company from time to time requires that the Customer uses Mozilla
Firefox 2.5 or later to manage the Customer's website. This is
available to download free from http://www.mozilla.com/en-US. |
| 2.9 |
Subject
always to paragraph 8 below, the Company shall not be liable for
any loss of information or material belonging to the Customer as
a result of use of the Content Management System, where such loss
is not due to the default of the Company. |
| 2.10 |
In using the
Content Management System, the Customer expressly confirms and
agrees to paragraph 3.6 below. |
| |
XTN Internet Names |
| 2.11 |
Once purchased, XTN Internet
Names are non-refundable and cannot be exchanged for
alternative names. |
| 2.12 |
The Customer
acknowledges that any disputes arising out of the use of domain
name(s) registered on behalf of the Customer will be resolved for
.uk domains in accordance with the Nominet UK Dispute Resolution
Service which can be accessed http://www.nic.uk/disputes and for .com, .net and .org as well as .info, .biz and
.name domains in accordance with the UDRP which can be accessed http://www.icann.org/udrp/udrp.htm which may impose restrictions on the termination or transfer of a
domain name(s) with its current host during or pending the
settlement of such a dispute. |
| |
Church:/AdvanceTM E-mail (E-mail Marketing
Services) |
| 2.13 |
The Customer shall
not use or permit the use of the Church:/AdvanceTM E-mail service for network abuse including but not limited to
spamming, junk-mail, chain letters, unsolicited or unauthorised
advertising whether by using illegitimate marketing set-up lists,
or by making inappropriate use of legitimate marketing set-up
lists. |
| 2.14 |
The delivery of
emails to a recipient cannot be guaranteed and is dependant upon
accurate and up to date email addresses, upon suitable internet
availability and connectivity, on various anti spam and junk mail
policies adopted by the recipients' email service providers as
well as restrictions regarding the content, wording and graphics
of an email. Whilst the Company will assist the Customer
with the provision of tools and up to date guidance on how to
maximise the delivery rate of emails, the Company makes no
representations or warranties whatsoever about the speed or
proportion of emails sent that will be delivered. |
| 2.15 |
The Company does
not accept and shall have no responsibility or liability for the
content of any e-mails sent using the
Church:/AdvanceTM E-mail service or for sending them
to the recipients in accordance with these Terms & Conditions
and the Client agrees to indemnify fully and keep indemnified the
Company against any losses, claims, fines, damages and expenses
(including reasonable legal and professional expenses) of
whatsoever nature (whether direct, indirect or consequential)
arising as a result of or in connection with any breach by the
Client of this paragraph and/or any applicable legislation. |
| |
Web Hosting Services |
| 2.16 |
The Company aims
to maintain a 24-hour presence for sites and 24-hour access for
users but cannot guarantee a continuous uninterrupted service. |
| 2.17 |
From time to time
servers or the whole or part of the network may be closed down
for routine repair or maintenance work and the Company will give
as much notice as in the circumstances is reasonable and will
endeavour to carry out such work during the scheduled maintenance
periods notified from time to time. |
| 2.18 |
Neither the
Company nor any other party has control over the Internet which
is a global decentralised network of computer systems. Service
interruption may occur due to causes beyond the Company's control
such as system malfunction or failures of other parties. In these
circumstances, the Company will use its reasonable endeavours to
restore the Service as soon as reasonably practicable. |
| 2.19 |
The Company
reserves the right (but does not assume any obligation) to
inspect the content and material on a Customer's web site to
ensure compliance with these Terms & Conditions and/or any
applicable laws, regulations or codes of practice. The Company
also reserves the right to disclose the content of files,
postings or web-site e-mails or remove offending material if
required to do so by the police or other law enforcement
authorities. The Company will observe the provisions of the Data
Protection Act 1998 and subsequent amending legislation in making
any such disclosure. |
| 2.20 |
The Customer
acknowledges that whilst the Company system is secure and of high
quality the Company cannot guarantee the security of any of the
Customer's information on the Internet or the Company's server. |
| 2.21 |
The Customer
authorises the Company to display a "Powered by Church:/Advance"
graphic and/or text and/or link on the Customer's web site. |
| 2.22 |
While the Company
has no intention of ever forcibly halting the Services provided
to the Customer, this may become necessary if payment is not
received on time, these Terms & Conditions are breached or a
machine becomes the cause or target of any network attack. |
| 2.23 |
The Company
explicitly offers no warranty for the Services, or guarantee that
it is fit for a particular purpose. |
| 2.24 |
While the Company
offers no warranty, the Company will use its reasonable
endeavours to keep the service operating correctly and reliably.
The Company will provide Customers with notification of any
scheduled maintenance in advance, and keep down time to an
absolute minimum, except where it becomes necessary for the
long-term benefit of the service and other users. |
| 2.25 |
The Company cannot
and does not offer any warranties in respect of a Customer's
ranking on search engines. For the avoidance of doubt, the Web
Hosting Services do not include any website optimisation, unless
where expressly agreed between the Company and the Customer. |
| 2.26 |
The Customer also
acknowledges and accepts that no liability whatsoever shall be
borne by the Company for any loss, damage, expenses or costs
arising out of or in connection with any attack on the Web
Hosting Service or otherwise by viruses or any other malicious
code as a result of the Customer's use of the Web Hosting
Services. For the avoidance of doubt, the Customer shall be
responsible for ensuring an adequate level of virus protection to
avoid such virus attacks. |
| 2.27 |
The Customer may
not use, or permit use of the Services for any purposes which
contravene the laws of the United Kingdom or any other laws in
any other jurisdiction which may apply to a Customer's Website. |
| 2.28 |
The Customer
grants to the Company, for the duration of this Agreement, a
non-exclusive, non-transferrable world-wide licence to host the
Website on its server in accordance with the provisions of this
Agreement and to use the name logo and likeness solely on the
Website and for no other purpose. |
| |
Free Website Designs |
| 2.29 |
The Company has
purchased a number of bespoke designs for use by existing
Customers. As part of the Services, the Customer shall be
permitted to use any of these designs free of charge (excluding
images) as long as he remains a Customer of the Company. Use of
the free designs shall be in accordance with the instructions
provided on the Website. |
| 3. |
CUSTOMER OBLIGATIONS |
| 3.1 |
Each
Customer using the Services warrants that information provided is
true and accurate to the best of the Customer's knowledge and
that any information stored, transmitted or generated through the
Website and the Services does not contain any obscene,
defamatory, copyright protected information. Customers are
advised never to use the Services to store or transmit sensitive
information such as banking details, PIN numbers or sensitive
medical information. |
| 3.2 |
By
using the Website to receive the Services the Customer grants
consent, in accordance with the Data Protection Act 1998, to
allow the employees of the Company or organisations required by
the Company in order for the Services to be provided, to access
the Customer's personal records where required. |
| 3.3 |
The
Customer agrees and accepts that the final decision as to whether
archived information shall enter the public domain upon the
Customer's death shall lie solely with the Company (and any
successors or assigns). 3.2 |
| 3.4 |
For the
avoidance of doubt, no legal relationship shall exist between the
Customer and the Company until the Customer meets all of the conditions set out
in paragraph 2.4 above. |
| 3.5 |
The
Customer agrees warrants and undertakes to accept and adhere to
the Basis of Faith of the Evangelical Alliance as published from
time to time at http://www.eauk.org/about/basis-of-faith.cfm or in such other place as the Evangelical Alliance shall decide
to publish the Basis of Faith. |
| 3.6 |
The
Customer confirms and agrees that he has the authority and
authorises Toucan.biz Ltd to use/modify all supplied photographic
images/electronic files/emails/email attachments/texts for the
development or construction of website(s) or web pages or use
within the Services, and shall indemnify Toucan.biz Ltd against
loss, injury or damage (including legal costs or expenses
properly incurred) in the event of any breach of copyright,
patent, patent pending or other action. |
| 3.7 |
The
Customer agrees to indemnify and keep fully indemnified the
Company against any and all loss or damage of any kind suffered
as a result of the Customer's use of the Services and the Website
(or the use of the Services and the Website by any third party
accessing any protected area of the Website using the Customer's
information) or any breach or non-observance of these terms and
conditions and/or the terms more particularly specified in the
Order Form. |
| 4. |
COMPANY OBLIGATIONS |
| 4.1 |
The
Company is responsible for providing the Services to the Customer
with care and professionalism and in accordance with paragraph 2
above. |
| 4.2 |
Any
changes to these terms and conditions shall be communicated to
the Customer in accordance with paragraph 1.2 above. |
| 4.3 |
The
Company shall endeavour to establish and maintain reasonable
safeguards against the destruction, loss or unauthorised
alteration of the Website and shall institute security procedures
to restrict unauthorised access to the Website, data and data
files, including any back up material. |
| 5. |
WEBSITE CONTENTS, FUNCTIONALITY AND EXCLUSION OF LIABILITY |
| 5.1 |
The
Company shall not be under any duty to place information on the
Website, nor to update or correct any such information. The
Company may in its absolute discretion edit, amend or remove any
information placed on the Website at any time and without notice. |
| 5.2 |
Notwithstanding paragraph
2.8 above, the Company does not warrant or offer any assurances
that the Website is compatible with a Customer's computer
equipment or the network through which a Customer accesses the
Website. |
| 5.3 |
Whilst
the Company shall endeavour to ensure that the Website is
functioning at all material times, the Company does not warrant
that the Website will be fully functional at all times. The
Company reserves the right to suspend, restrict, or terminate the
Website service without offering a reason. |
| 5.4 |
Whilst
the Company intends to display accurate information on the
Website, the Company neither makes nor gives any representations
or warranties, express or implied, about the Website or any
material, information or hypertext links on the Website,
including, but not limited to accuracy, completeness, legality,
suitability for purpose, functionality, reliability,
availability, speed of access or timeliness. |
| 5.5 |
This
Website provides links to other third party sites on the
Internet. These sites may contain information or material that
some people may find inappropriate, offensive or irrelevant.
These third party sites are not under the control of the Company,
and by continuing to use this Website you acknowledge that the
Company is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the content
of such sites. The inclusion of such a link does not imply
endorsement of the site by the Company or any association with
its operators. |
| 5.6 |
If
sections of the Website contain information submitted to the
Company by third parties, the Company shall not be held liable
for any error, omission or inaccuracy in such material or
submissions and reserves the right at its absolute discretion to
omit, suspend or change any material or information submitted
without giving notice. |
| 6. |
CANCELLATION & TERMINATION |
| 6.1 |
Where a
Customer ceases to use the Website the Customer will not be
required to notify the Company. |
| 6.2 |
Once a
Customer has ceased to use the Website, the information provided
by the Customer to the Company will be kept in accordance with
the Company's Privacy Policy. |
| 6.3 |
The
Customer is entitled to exercise the Customer's statutory rights
which allow the Customer to cancel within 7 days of registration
(also known as the "cooling off period") if the Customer is
unhappy, and request a refund. Refunds under this clause shall
only be administered when the Customer has not accessed the
Services within the days immediately following the date of
payment. Once the Customer has notified the Company of
cancellation, the Company will credit the Customer's account for
the entire cost of the Services paid for by the Customer. For the
avoidance of doubt, XTN Internet Names once purchased are
non-refundable. |
| 6.4 |
The
Company shall be entitled to terminate the Customer's
registration without notice in the event that the Customer is in
breach of these terms and conditions. In the event of termination
under this paragraph, the Customer shall not be entitled to any
refund. |
| 6.5 |
The
Company shall be entitled to terminate the Customer's
registration without notice in the event that the Customer's
conduct or practices in using the Services are deemed to be
inconsistent with the Evangelical Alliance's Basis of Faith (as
detailed in paragraph 3.5 above) by the Company. Where this
paragraph applies, a refund for any outstanding balance shall be
made on a pro-rata basis. |
| 7. |
DATA PROTECTION |
| 7.1 |
Subject
to paragraph 3.2 above, the use of Customers information is
governed by the Company's Privacy Policy. |
| 7.2 |
Two
forms of cookie may be used on the Website as described in the Privacy Policy. |
| 8. |
LIMITATION OF LIABILITY |
| 8.1 |
Nothing
in these terms and conditions shall exclude or in any way limit
the Company's liability for fraud, (or for death or personal
injury caused by its negligence), or any other liability to the
extent such liability may not be excluded or limited as a matter
of law. Subject to this: |
| 8.1.1 |
the Company's maximum
aggregate liability under or in connection with these terms and
conditions, whether in contract, tort (including negligence) or
otherwise, will in no circumstances exceed the fee paid by the
Customer under these terms and conditions as recorded in the
Order Form; and |
| 8.1.2 |
the Company will not be
liable to the Customer under this Agreement for any loss of
actual or anticipated income or profits, loss of contracts or for
any special, indirect or consequential loss or damage of any kind
howsoever arising and whether caused by tort (including
negligence), breach of contract or otherwise, whether or not such
loss or damage is foreseeable, foreseen or known. |
| 9. |
ENTIRE AGREEMENT AND SEVERABILITY |
| 9.1 |
These
Terms and Conditions constitute the entire understanding between
the parties with respect to the subject matter of this Website
and supersede all prior terms and agreements between the parties
relating to it. |
| 9.2 |
If any
clause(s) of these Terms and Conditions is held invalid or
unenforceable, the clause shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining clauses
shall remain in full force and effect. |
| 10. |
NOTICES |
| 10.1 |
Any notice to be
served under these Terms and Conditions shall be in writing and
served upon the other party at its address (in the case of the
Company as set out above, and in the case of the Customer as
provided on the Order Form) either by hand or by first class
pre-paid post and shall be deemed served 48 hours after posting
if sent by post, or on delivery if delivered by hand. |
| 11. |
LAW
AND JURISDICTION |
| 11.1 |
These Terms and
Conditions shall be governed by the law of England and Wales and
the parties hereto submit to the exclusive jurisdiction of the
English courts. |
| 12. |
ACCEPTANCE |
| 12.1 |
Customers
acknowledge that they have read and accept these terms for use of
the Website by ticking the acceptance box below before proceeding
to register on the Website and to access the Free Website Designs. |
