www.eight&four.com Terms & Conditions as at 1st January 2010

1. General
   • These Terms & Conditions (’Terms’) govern all use of eightandfour.com (the ‘Site’) and its responsibility as a Supplier, and the responsibilities of its Customers on entering upon a paid project with them.
   • The Site is owned and operated by us, KRAM Communications Ltd, trading as eight&four, 157 St John Street, London, EC1V 4PY, tel 020 8675 0846, email hello@eightandfour.com, Company Registration Number – 06727940
   • Use of the Site beyond that expressly permitted by these Terms, is unauthorised and unlawful.
   • By using the Site you agree to be bound by these terms. These terms supersede all prior agreements and are complete and exclusive. No oral or written information given by us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of our liability, and you may not rely on any such information. Except as otherwise provided, no addition, amendment or modification of these Terms shall be effective, unless in writing and signed or accepted by us.
   • These Terms and all use of the Site are governed by the laws of England and any questions arising shall be dealt with only by the English courts.
2. Content
   • The Site is provided free of charge to Users, and it and any information and analysis on or included in any email alert from us (’Material’) is provided ‘as is’ and ‘as available’. Any Material is provided in good faith, and whilst we will use reasonable endeavours to ensure the accuracy of Material, we make no warranties (express or implied) regarding accuracy or completeness or fitness for any purpose, and we expressly exclude any liability in respect thereof (other than warranties not capable of exclusion).
   • The information in the Material may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the Material up to date, and no liability for any failure to do so. No liability is accepted for any errors, or for any losses that may be incurred if any Material is relied on.
   • Except as stated below, the contents of this Site may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior express written permission.
   • You may not distribute, display or copy any Material to third parties including (but not limited to) ‘caching’ any material from the Site for access by third parties, and ‘mirroring’ any Material on this Site.
   • You must ensure that your use of the Site and of any Material is in no way unlawful, and you will fully indemnify us against any liability we may incur as a result of any use by you which is unlawful, or which is in breach of these terms.
3. External links
   • This site contains links to external sites. KRAM Communications Ltd is not responsible for, and has no control over, the content of such sites. Information on this site, or available via hypertext link from this site, is made available without responsibility on the part of KRAM Communications Ltd.
   • KRAM Communications Ltd disclaims all responsibility and liability (including negligence) in relation to information on or accessible from this site.
4. General Responsibilities of the Customer
   • The Customer acknowledges that the Supplier’s ability to provide the Services (website design or internet marketing services) is dependent upon the full and timely co-operation of the Customer (which the Customer agrees to provide), as well as the accuracy and completeness of any information and data the Customer provides to the Supplier. Accordingly, the Customer shall provide the Supplier with access to, and use of, all information, data and documentation reasonably required by the Supplier.
   • The Customer shall be responsible for the accuracy and completeness of the Materials on the website. The Customer shall ensure that the Materials do not infringe any applicable laws, regulations or third party rights (including material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property) (Inappropriate content). The Customer shall indemnify the Supplier against all damages, losses and expenses arising as a result of any action or claim that the Materials constitute Inappropriate Content.
   • By providing materials to us the Customer confirms that it is the legal owner of the Materials or legally authorised to provide the Materials to the Supplier for use in the Services; it shall not provide the Supplier with any information or Materials that infringe the rights of any other person (including without limitation Intellectual Property rights); none of the information or Materials supplied by the Customer to the Supplier is defamatory, pornographic, seditious, threatening, blasphemous, obscene, abusive, offensive or derogatory, nor does it otherwise breach any law or regulation or give rise to any legal claim of any sort.
   • The Customer acknowledges and agrees that where any materials or content, the Intellectual Property and/or proprietary rights to which vest in third parties, are to be used in any of the Services, as agreed by the Customer, it will be responsible for obtaining all necessary licences and consents for the use of such materials or content.
5. Hosting and Server Rental Terms
   • The Customer acknowledges that the Hosting and Server Rental Services are Third Party Services and are provided to the Supplier for resale subject to the applicable Third Party Contracts. Thus, subject to the Supplier complying with the terms of its contract with the applicable third party, since the Supplier is acting as a reseller, the Supplier is not responsible for any error, omission, interruption, delay or other interference that may arise in the provision of the Hosting and Server Rental Services. Without prejudice to the foregoing Customer acknowledges that both the Supplier and the applicable third party in respect of the provision of the Hosting and Server Rental Services expressly reserves the right to suspend, interfere with, impair or terminate the Hosting and/or Server Rental Services as necessary for purposes of maintenance, upgrades or repair or if it deems necessary or desirable (in its sole discretion) to prevent or remedy an impairment of, or harm to, the integrity or functionality of any hosting or server rental services provided by it.
   • The Supplier is not responsible for controlling or monitoring any content, information, data or other materials stored on, transmitted via, or accessible through use of the server.
   • The Supplier has the right to suspend or remove (but is under no obligation to monitor) any material or content, or suspend the Website, if any Inappropriate Content is displayed or shown on the Website or infringes or is alleged to infringe the Intellectual Property of any third party. If the Supplier suspends or removes any content or material pursuant to this clause or suspends the Website, it shall have no liability to the Customer for any loss or damage that the Customer may suffer as a result and no refund of the Charges payable for the Hosting and/or Server Rental Services shall be payable by the Supplier.
6. Domain Registration
   • The Customer acknowledges that the Domain Name Registration Services are Third Party Services and subject to the applicable Third Party Contracts and that therefore, [subject to the Supplier complying with the terms of its contract with the applicable third party], since the Supplier is acting as a reseller, the Supplier is not responsible for any error, omission, interruption, delay or other interference that may arise in the provision of the Domain Name Registration Services.
   • In placing an order for the registration of domain names, the Customer appoints eight&four as the administrative contact for all domain names registered for it on its behalf.
7. Logo and Creative Design
   • Where the Supplier is engaged to provide logo design and/or other creative design services, the Customer acknowledges that: it is the Customer’s responsibility to carry out applicable full availability and infringement searches on a logo proposed by the Supplier; it is the Customer’s responsibility to obtain legal and professional advice concerning the registrability of the proposed logo and its potential to infringe third party Intellectual Property rights; the Supplier reserves the right to refuse to carry out or continue with any design work which it in its absolute discretion considers to be illegal, immoral, seditious, blasphemous, obscene, indecent, pornographic, infringing third party rights or otherwise inappropriate for it to carry out or continue with.
   • It is the Customer’s responsibility to ensure clearance of any third party content which may be sourced for the Customer or otherwise used in such logos or creative design services as agreed with the Customer.
8. Charges and payment
   • The Customer shall pay the Charges at the amounts and times, and in accordance with the payment terms set out in written contact (Supplier emails and Word documents). If the Customer fails to pay any amount payable by it under this agreement, the Supplier shall be entitled, but not obliged, to suspend the provision of the Services or any of the Services; and/or terminate this agreement in whole or in part; and/or refer the matter to a debt collection agency.
   • The supplier reserves the right not to give FTP or other access to the site files until complete payment for the website has been made.
   • Subject to express provisions in this agreement to the contrary, unless otherwise agreed in writing by the Supplier, no refunds of the Charges or any part of them shall be made on cancellation of the Services by the Customer.
   • Payment of an invoice should be made within 28 days of receiving the invoice.