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Definitions
'The Company' means: AGS Global Limited whose registered
office is Lakeview House, Billericay, Essex CM12 0EQ.
'Customer' means: the Customer of AGS Global Limited.
'Services' means: services provided by the Company either
in the direct or indirect control of the Company. 'Website'
means: A website and all associated files. Service means:
Services supplied by the company to the customer.
General
The Company warrants to the Customer that the Services
will be provided using all reasonable care and skill
and, as continuously as reasonably possible, at all
times subject to routine and emergency maintenance and
downtime occasioned by third parties.
Server Hardware failure
In the event of hardware failure The Company aim's to
replace identified defective equipment within 4 hours
free of charge.
Where hardware failure requires a full reconfiguration
of the equipment and/or associated services, which The Company
is directly responsible for, The Company will provide the
Customer with a timescale for the work to be completed
free of charge.
Customer caused failures
Where the failure of hardware or software is the result
of action taken by the Customer the Customer will be
charged at the associated hourly rate until the restoration
of normal services is completed.
Supply of goods and services from a third party
Where The Company supplies in connection with the provision
of the Services any goods supplied by a third party,
The Company does not give any warranty, guarantee or
other term as to their quality, fitness for purpose
or otherwise, but shall, where possible, assign to the
Customer the benefit of any warranty, guarantee or indemnity
given by the person supplying the goods to The Company.
Payments
1. Monthly payment plans: The Customer agrees to a minimum
of 12 months hosting and must notify AGS Global Ltd
in writing 3 months before cancellation of the service.
The fees for set-up are not refundable.
2. Annual payment plans: the Customer agrees to a minimum
of 12 months hosting and must notify AGS Global Ltd
in writing 3 months prior to the anniversary date otherwise
the contract will be deemed to run for another 12 month
period. The fees for set-up are not refundable.
Website Hosting
Where The Company hosts a Customer website, The
Customer agrees that each page on their website will
have a discreet link to The Company's website. This
may be removed only by writen consent from The Company
and may cause an increase to any associated hosting
charges.
Limitations - Business Customers Only
Whilst The Company will at all times make every effort
to ensure the performance and delivery of Services that
are directly within its control or not, The Company gives no
warranties of any kind, expressed or implied for services
provided to the Customer. The Company disclaims any warranty
or fitness for a particular purpose. This includes loss
of business, custom, loss of data and all service interruptions
unless otherwise stated by The Company or agreed with the customer
in writing.
Residential Consumers are protected by the Supply of Goods and Services Act 1982.
Exclusions
The Customer will have no recourse to The Company if
a customers account is in arrears; The Company has suspended
or withdrawn services as a result of the customer being
in breach of any of the terms in the use of the services;
is subject to a wind-up order, has been placed
into receivership, or ceased trading.
Indemnify - Business Customers Only
The Customer agrees that it shall defend, indemnify,
save and hold harmless The Company from any and all demands,
liabilities, losses, costs and claims, including all
legal fees, that may arise or result from any service
provided or performed or agreed to be performed by a
Customer, its clients, agents, employees or representatives.
(1) any injury to person or property caused by any products
sold or otherwise distributed in connection with The Company's
services; (2) any material supplied by customer infringing
or allegedly infringing on the proprietary rights of
a third party; (3) copyright infringement and (4) any
defective Product sold via The Company's services.
These terms and conditions are subject to English Law.
The Company reserves the right to revise these terms at
any time without due notice.
Last revised 13th May 2010
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