Terms and Agreements

A. TERMS OF SERVICE

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OVERVIEW

This website is operated by Y2Z.EU a PCGUYS company. Throughout the site, the terms “we”, “us” and “our” refer to Y2Z.EU a PCGUYS company. Y2Z.EU a PCGUYS company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Y2Z.EU a PCGUYS company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Y2Z.EU a PCGUYS company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1 Haggerston Road, Borehamwood, HRT, WD6 4BU, United Kingdom.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us [email protected]

 

B. Primary Agreements

1. Definitions herein

Unless context otherwise dictates, words in the singular include the plural and vice versa and words in one gender include any other opposite gender or otherwise redefined in attached addendums;

1.1. The Act:

The Telecommunications Act of 1984 and any statutory amendment or modification thereof.

1.2 Services:

The telecommunication and Internet services and or other provided by Y2Z.EU a PCGUYS company, as displayed in the latest Y2Z.EU a PCGUYS company literature, web site and or attached addendums.

1.3 Company:

Y2Z.EU a PCGUYS company.

1.4 Intellectual Property:

Any patent, copyright, registered design, trade mark or other industrial or intellectual property right subsisting in the Territory in respect of the service and applications for any of the foregoing;

1.5 Customers Control panel:

Referred hereafter as “panel” allows Y2Z.EU a PCGUYS company to service all facilities to the customer

1.6 Customer:

Deemed herein as the Y2Z.EU a PCGUYS company client, alternatively defined an End User.

1.7 End Users

Deemed herein as the Y2Z.EU a PCGUYS company client, alternatively defined a Customer.

2. Services:

Y2Z.EU a PCGUYS company determines the hosting, internet, telecommunication products and any other services offered at any time to the Customer, at their sole discretion.

1. Except as provided in the related addendums these General Conditions apply to each and any provision of Services to the customer to the exclusion of all other conditions, agreements, understandings or arrangements not set out in the applicable Addendum.

2. Services are provided on the terms contained within the associated addendums. When you enter into a service addendum agreement with Y2Z.EU a PCGUYS company in relation to the provision of that Service the terms of that Separate Contract shall take priority over these Conditions.

3. Y2Z.EU a PCGUYS company reserve the right to subcontract its obligations and/or duties set out in this Agreement.

4. The customer may not refer to Y2Z.EU a PCGUYS company in its sales or marketing activity or literature except with the prior written consent of Y2Z.EU a PCGUYS company and or attached to this agreement as an addendum, such permission may be withheld and reserve the right to give a reason;

5. Y2Z.EU a PCGUYS company may need to change or alter the configuration of the Service or Service Equipment provided under this Agreement in order to provide the Service to Customer. Y2Z.EU a PCGUYS company shall use reasonable efforts to give at least 14 days prior written notice to customer of any such change or alteration where possible.

3. Customer Charges:

You must pay for any set-up charges for services supplied by Y2Z.EU a PCGUYS company in relation to the services requested and supplied herein and or are set out in the price list located at www.Y2Z.EU a PCGUYS companyhostingco.uk, or in turn serviced to you by email or post. These rates are part of this contract. After any initial payments have been made, thereafter, all payments are made strictly by the agreed method, facilitated and made available within your control panel or otherwise set out in an addendum herein, thereafter, on a monthly basis unless agreed in writing by a Director of Y2Z.EU a PCGUYS company to the contrary;

3.1. At any time during the term of this Agreement, Y2Z.EU a PCGUYS company may, upon giving the customer 30 day’s prior notice in writing or by electronic or such expeditious means as Y2Z.EU a PCGUYS company may from time to time decide, vary its Charges.

3.2. Charges for a Service shall accrue from the date above or the date on which the Customer commenced use of the Service.

3.3. payments will be due within 14 days, after which, the amount will be deemed overdue and Y2Z.EU a PCGUYS company will be in a position to implement clause 3.4 herein

3.4. Interest shall be payable on all overdue invoices from the due date until actual payment in line with clause 3.10 contained herein.

3.5. All charges are, unless agreed otherwise, exclusive of value added tax and any other applicable sales tax or duty which shall be payable by Customer at the prevailing rate.

3.6. Y2Z.EU a PCGUYS company reserves the right to carry out a credit check prior or after the customer’s acceptance of this agreement and request copies of two utility bills from the declared business address. Subsequent to any credit check Y2Z.EU a PCGUYS company reserves the right to request a deposit or 3rd party guarantee, to be specified at that time, from the Customer as a condition of providing or continuing Service. Any deposit shall be held by Y2Z.EU a PCGUYS company for a period of twelve (12) months (or until the Agreement is otherwise terminated) when it shall be returned in full or credited against an invoice at Y2Z.EU a PCGUYS company’s sole discretion. Any deposit does not relieve the customer of the responsibility for the prompt payment of invoices in accordance with relevant Clauses contained herein.

3.7. Y2Z.EU a PCGUYS company reserve the right if undue excess activity on the customers account is observed and or the customers capability to pay within the due period, to reduce the payment of invoices to weekly or a security deposit taken to the amount deemed necessary to cover, for a period of no more than 6 months or less if predetermined by Y2Z.EU a PCGUYS company in writing.

3.8. Payment Methods available are defined on the customers control panel, website and invoices, Y2Z.EU a PCGUYS company reserve the write to dictate the method of payment when it deems necessary.

3.9. If the customer pays any Charges due to us: (i) by cheque or direct debit and the Customer’s approved financial institution refuses to make payment; or (ii) in a currency other than pounds sterling; we will charge the Customer for any bank charges, approved financial institution fees and/or extra administration costs (which may include third party charges) that we incur as a result.

3.10. If the Customer does not meet the due payment by due date, Y2Z.EU a PCGUYS company reserve the right to: (i) suspend or terminate the customer access to the Services relevant Control Panel; and/or (ii) charge the Customer interest on the overdue amount(s) at the rate of 3% per annum above HSBC plc base rate. Interest is calculated and accrues daily: and/or (iii) charge an administration fee to cover late payment costs.

3.11. If Customer disputes any invoice, the Customer must notify us in writing of the dispute and providing us with sufficient detail to investigate the matter and determine whether the Customer’s dispute is genuine and reasonable, prior to the due date for the invoice (ref clause 3.3). If we determine (at our sole discretion): (a) that the Customer’s dispute is not genuine or reasonable, the Customer must pay the invoice in full, plus any interest charged on the full invoiced sum in accordance with clause 3.10 above; or (b) that the customers dispute is genuine and reasonable, the Customer must pay the undisputed part of the invoice and we will both use all reasonable endeavours to resolve the dispute as quickly as possible. If any such dispute is resolved: (i) such that the Customer still owes Y2Z.EU a PCGUYS company amount due, the Customer must pay all sums owed to us within 7 calendar days of resolution of the dispute, Y2Z.EU a PCGUYS company reserve the right to charge interest in accordance with clause 3.10 above from the date payment of the disputed invoice was due; or (ii) such that we owe the Customer money, we will (at our sole discretion) repay or credit on the next invoice sent to the Customer following resolution of the dispute any amount overpaid by the Customer. Each Party will responsible for their own costs.

3.12. Y2Z.EU a PCGUYS company reserves the right to increase the Fees for Services in respect of which it has entered into a Contract with you upon 14 days prior written notice to you.

4. Trade Marks:

Nothing in this Agreement shall be construed to grant to you any license or any other proprietary or contractual right or interest in Y2Z.EU a PCGUYS company. Y2Z.EU a PCGUYS company shall retain all right, title and interest (including copyright and other proprietary and intellectual property rights) within the customer website Site and or advertising literature, including all legally protected elements and derivative works thereto.

4.1. Unless otherwise specified in writing by Y2Z.EU a PCGUYS company, we are the owner or licensee of all intellectual property rights within the Y2Z.EU a PCGUYS company Website and control panels along with all subsidiaries and associated companies to Y2Z.EU a PCGUYS company Computer Services Limited, and in the material published within it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2. Unless otherwise specified, the authors of the literary and artistic works in the materials contained in the web sites/panels determined in clause 4.1 have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.

 

5. Waiver:

If at any time we do not require the Customer to comply with any provision of this Agreement, this will not prevent us from doing so in relation to that or any other provision of this Agreement in the future.

6. Customer Representations:

You hereby represent and warrant to Y2Z.EU a PCGUYS company that:-

1. If an individual, you are at least 18 years of age

2. You have full power and authority to execute and deliver this Agreement and Addendums and to perform its obligations hereunder

3. This Agreement constitutes your legal, valid and binding obligations; and

4. All information that you have provided, and may from time to time provide, to Y2Z.EU a PCGUYS company are, unless you deliver written notice to Y2Z.EU a PCGUYS company to the contrary, shall continue to be, true and complete. Any falsifying of information within this agreement will be your sole responsibility under law.

7. Indemnification:

You hereby agree to defend, indemnify and hold Y2Z.EU a PCGUYS company harmless from and against any suit or proceedings brought against Y2Z.EU a PCGUYS company that arises from any illegal activity by you, breach or any associated person of your obligations, representations or covenants contained within this Agreement.

8. Faults:

Y2Z.EU a PCGUYS company will make every effort to provide you with the best possible service; we cannot guarantee that the service will never be at fault. Y2Z.EU a PCGUYS company will make every effort to correct all reported faults as soon as we reasonably can, affording any notice period where possible and complying with the clauses contained herein.

9. Security:

We will issue you with a username and password for accessing Y2Z.EU a PCGUYS company’s Customers Control Panel, hereafter known and referred as “Control Panel” in this agreement and attached addendums. These are essential for your secure use of the control panel and service, so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions. To ensure that the service remains secure, you must not change or attempt to change a username. If we think there is likely to be a breach of security or misuse of the service we may change your password and then we will notify you that we have done this; and/or suspend username and password access to the Control Panel Interface. If you think that any username or password has become known by someone not authorized to use it, or if any password is being or is likely to be used in an unauthorized way, it is your responsibility to inform Y2Z.EU a PCGUYS company immediately. If any of the information you give to us when you commence with Y2Z.EU a PCGUYS company, including any changes to your payment details, you must inform us as soon as possible.

10. Authorisation and Authentication:

10.1. Y2Z.EU a PCGUYS company when required will issue a username and password to the End User via e-mail if not already issued for another service. This login information will serve as identification of the Customer and all services attached to and within its control panel, when accessing Y2Z.EU a PCGUYS company services, either via its web site or through its programmatic interfaces.

10.2. The Customer is responsible for careful use and storage of the username and password issued by Y2Z.EU a PCGUYS company. The Customer acknowledges that Y2Z.EU a PCGUYS company recommends changing the password on a regular basis. If misuse or theft of the login information is suspected, the Customer agrees to immediately notify Y2Z.EU a PCGUYS company in order to suspend the Customer’s account and or take other appropriate measures with the account if required. Y2Z.EU a PCGUYS company shall not be held liable for losses or other consequences arising out of such misuse.

11. Operational contingencies:

Y2Z.EU a PCGUYS company may need to temporarily suspend a service for operational reasons (e.g. for repairs, planned maintenance or upgrades), Y2Z.EU a PCGUYS company will give you as much notice as deemed possible but not obligated to do so. Y2Z.EU a PCGUYS company will make every attempt to restore the service as soon as possible after any suspension or outage. Y2Z.EU a PCGUYS company reserve the right to alter code or access numbers or technical specification associated with the service deemed necessary for operational reasons. The technical specification will only be changed where this will not materially affect the performance of the service.

12. Code of Practise

Y2Z.EU a PCGUYS company will do its utmost to support and assist the Customer and or signatory of said agreement, in everyway possible to the best of our endeavours, to continue with our redevelopment program and to conform to our code of practice found on our web site (http://www.Y2Z.EU a PCGUYS companyhosting.co.uk/policies.asp).

13. Limitation of Liability:

Under no circumstances shall Y2Z.EU a PCGUYS company be liable to you for any damages, including without limitation any damages for lost profits or business, loss of goodwill, interruption of business, or for any exemplary, punitive, special, indirect, incidental, consequential or special damages, regardless of whether such claim arises under any theory of tort, advice, contract, strict liability or otherwise and regardless of whether Y2Z.EU a PCGUYS company is advised of the possibility of any such damages.

14. No Assignment:

You may not assign (by operation of law or otherwise) either this Agreement or any of its rights, interests, or obligations hereunder without the written consent of Y2Z.EU a PCGUYS company.

15. Addendums:

Any addendums attached to this agreement in relation to updates, amendments and or extra services provided by Y2Z.EU a PCGUYS company are part of and obligated by the terms within this agreement.

16. Third Party Rights

A person who is not a party to this Agreement has no right under the Agreements (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

17. Terms and Conditions:

This agreement is in conjunction with the Terms and conditions available on the Y2Z.EU a PCGUYS company website respective to the services provided and it is the responsibility of the customer to read and accept the conditions described therein by signing this agreement, the signatories are confirming so.

18. Governing Law:

This Agreement shall be governed by and construed under the laws of the England only.

19. Notices:

Any notice to be served by Y2Z.EU a PCGUYS company on the Customer shall be deemed to have been duly served if sent by e-mail or first class post to the Customer at his last known address. Any notice served by first class post shall be deemed to have been served three days after posting and any notice served by e-mail shall be deemed served 48 hours after sending. Any notice to be served on Y2Z.EU a PCGUYS company should be served by sending said notice by post to the Company’s registered address. Any notice served shall only be deemed served once the Customer has received an acknowledgement from Y2Z.EU a PCGUYS company of receipt. Proof of acknowledgement of receipt of such notice by Y2Z.EU a PCGUYS company will only be deemed valid if produced in writing.

 

20. Enforceability:

If one or more provisions of this Agreement and or its attached addendums are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its own terms.

21. Force Majeure:

Neither party shall be liable to the other for any default under this Agreement where such default was caused by any unforeseen event beyond the reasonable control of the defaulting party. Such events include, by way of example only: the result of any Act of God; war, insurrection or civil disorder; failure or shortage of power supplies; national or local emergency; acts or omissions of government; industrial disputes of any kind; the acts or omissions of other companies.

22. Termination:

Either the Customer or Y2Z.EU a PCGUYS company may terminate this Agreement at any time, by giving 28 days notice thereof (via electronic mail or other means) to the other party, and;

22.1. Without prejudice to any other rights Y2Z.EU a PCGUYS company may terminate the Agreement immediately and or suspend all or part of the services until further notice, if the Customer, at Y2Z.EU a PCGUYS company’s sole discretion, damages Y2Z.EU a PCGUYS company’s reputation or relationship with existing or potential future customers, or brings the company name into disrepute.

22.2. Without prejudice to any other rights the Customer may terminate the Agreement by giving the aforementioned notice period if Y2Z.EU a PCGUYS company are unable to supply the services associated with this agreement and its addendums and promoted through the Y2Z.EU a PCGUYS company website.

22.3. Without prejudice to any other rights Y2Z.EU a PCGUYS company may terminate the Agreement immediately after non payment of invoices and or no communication after a period of 28 days. Y2Z.EU a PCGUYS company reserves the right to block access to the customer’s panel and take control of said panel. The Customer will be liable to all invoices incurred up to the agreed date of termination of this agreement.

22.4. Y2Z.EU a PCGUYS company becomes aware that Customer is using or is likely to use the Services in any way which may be interpreted as illegal, immoral or otherwise disreputable, or likely to expose Y2Z.EU a PCGUYS company to un-acceptable risks legally or otherwise, Y2Z.EU a PCGUYS company reserve the right to suspend or terminate with immediate effect with no prior notice.

22.5. Any termination shall not relieve the customer of its obligation to pay any charges incurred hereunder. The Parties’ rights and obligations which by their nature would extend beyond the termination, or expiration of this Agreement shall survive such termination, or expiration for the avoidance of doubt, termination of a Service does not affect the provision of any other Service provided pursuant to this Agreement.

23. Dispute Resolution:

Y2Z.EU a PCGUYS company will make every effort resolve any dispute quickly and satisfactorily. If the dispute outcome is not to the satisfaction of the Customer, the customer has right to seek arbitration for the dispute to be resolved with the Ombudsmen Otelo (http://www.otelo.org.uk). Details of our complaint and dispute resolution procedures are set out in our Code of Practice.

24. Entire Agreement:

This Agreement together with its Schedule and attached addendums constitutes the entire Agreement between the parties on the subject matter hereof and shall supersede all prior written or verbal agreements and understandings between the parties. In the case of all services offered or supplied, where the additional or replacement terms are required in this agreement shall also be regarded as part of our agreement and where applicable to individual services refer to the attached addendum hereto.

 

C. Hosting Addendum

Y2Z.EU a PCGUYS company is an International Communications company that provides manual and automatic Hosting services to Customers, and the said party wishes to obtain those services from Y2Z.EU a PCGUYS company in accordance with the terms of this full Agreement and further defined in this addendum herein.

 

This Addendum relates only to our Shared UNIX, Windows, Email Only, Windows Plus and hosting products. They do not relate to any other product or service supplied by Y2Z.EU a PCGUYS company unless specified herein.

 

1. DEFINITIONS:

All previous definitions in this agreement are utilised in conjunction with this Addendum in relation to the Hosting service, defined herein, unless the context otherwise requires:

1.1. “Agreement” means The Customers Agreement in full referenced above, inclusive of all addendums, attachments and relevant Terms, conditions and applicable application form;

1.2. “Access Line” means the telecommunications circuit that the Customer uses to obtain telecommunications services over the public switched telephone network at the Premises as notified by the Customer to Y2Z.EU a PCGUYS company;

1.3. “Commencement Date” means the date when the Customer first receives the live Service.

1.4. “Customer Apparatus” means apparatus belonging to the Customer not forming part of the Equipment but which may be connected to the Equipment;

1.6. “Equipment” means any apparatus or equipment provided by Y2Z.EU a PCGUYS company or any third party to the Customer at the Premises to enable provision of the Service;

1.7. “Minimum Period” means

(a) thirty (30) days unless otherwise stated within this addendum.

1.8. “Y2Z.EU a PCGUYS company System” means the Hosting system which Y2Z.EU a PCGUYS company runs and, for the purpose of this Agreement, any apparatus leased by, or otherwise obtained by Y2Z.EU a PCGUYS company, from a third party

1.9. “Person” means an individual or a body corporate or unincorporated or a partnership and "Persons" shall be construed accordingly;

1.10. “Services” hereafter and related to this addendum means those manual and automatic Hosting and all related services as described on the date hereof and within the Company's website http://y2z.eu together with any increased or improved services of such a nature that may be provided by the Company.

2. GENERAL:

2.1. References to clauses and sub-clauses are, unless otherwise stated, references to clauses and sub-clauses within this Agreement.

2.2. The headings within this Addendum are for convenience only and shall not affect its interpretation.

 

3. PROVISION OF SERVICE:

3.1. Y2Z.EU a PCGUYS company will provide the Service to the Customer in accordance with the Conditions of this Agreement and addendums and within the Term and Conditions found on the Y2Z.EU a PCGUYS company website in relation to the customer.

3.2. We shall use our reasonable endeavours to make available to the Customer at all times the Server and the Services determined within this addendum.

3.3. Except as otherwise expressly permitted in these Conditions, and in addition to other restrictions herein, the Customer may not:

3.3.1. Transfer rights to the use of the Service to any third party, whether in whole or in part;

3.3.2. Disclose Service features, errors or viruses to any third party without the prior written consent of Y2Z.EU a PCGUYS company;

3.3.3. Use the Service except in conjunction with Y2Z.EU a PCGUYS company recommended operating environment, notified by Y2Z.EU a PCGUYS company or modifies the Service without Y2Z.EU a PCGUYS company prior written consent.

3.3.4. Y2Z.EU a PCGUYS company reserves the right to change the Customer's password at any time at its sole discretion.

3.4. We shall reserve the right to suspend the Services at any time and for any reason, if deemed necessary, without notice. If such suspension occurs and lasts or is to last for more than 7 days you will be notified of the reason.

3.5. Y2Z.EU a PCGUYS company may occasionally have to interrupt the Service or change the technical specification of the Service for operational reasons or because of an emergency. Y2Z.EU a PCGUYS company will give the Customer as much notice as possible of any planned interruption of the Customer's Service. Y2Z.EU a PCGUYS company shall not, in any event, be liable for interruptions of Service or down-time of the Server incurred by us or third parties. In these circumstances the Customer shall have no claim against Y2Z.EU a PCGUYS company for any such interruption.

4. DOMAIN NAME REGISTRATION and TRANSFERS:

   1. We make no representation that the domain name the customer wishes to register, is capable of being registered by or for you or that it will be registered in the name the Customer designates. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

   2. The registration and use of the domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall, by signing this agreement and addendum, confirm you are aware of those terms and conditions and able to comply with them.

   3. The Customer shall have no right to bring any claim against us in respect of refusal to register a domain name.

   4. Any administration charge paid by the Customer to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.

   5. We shall have no liability in respect of the use by you of any domain name; any dispute between the Customer and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without explanation, to withhold, suspend or cancel the domain name. Y2Z.EU a PCGUYS company will be entitled to make representations to the relevant Registry but reserve the right to take part in any such dispute.

   6. We shall not release any domain to another provider unless full payment for that domain has been received.

   7. By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions supplied on their website www.nominet.org.uk/ref/terms/ﾧ This is a separate contract to any arrangement you may have with Y2Z.EU a PCGUYS company for the provision of internet services. It is the responsibility of the Customer, by signing this agreement and addendum, to confirm you are aware of those terms and conditions and able to comply with them prior to proceeding with your order.

   8. Domains transferred or purchased through Y2Z.EU a PCGUYS company that are part of an order or hosting plan do not have an outgoing transfer fee, providing any outstanding fees are paid as mentioned in ADH 4.6

   9. The Customer must be aware of the Y2Z.EU a PCGUYS company supplementary terms and conditions for any of the following domain endings: .com / .net / .org / .biz / .name / .tv www.icukhosting.co.uk/hosting_registration_agreement.asp

   10. The Customer is responsible to read the full details on the ICANN domain dispute policy document - www.icann.org/dndr/udrp/policy.htmﾧ

5. WEB SITE HOSTING AND EMAIL

   1. Y2Z.EU a PCGUYS company 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.

   2. The Customer agrees, to represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.

       

you will not upload, post, link to or transmit:

• any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane, racist or otherwise objectionable in any way.

• any material which constitutes, or encourages the commission of, a criminal offence 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.

• any material which is forbidden by our acceptable use policy published in our web site.

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

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

• Any file that that is uploaded to your web disk space is for the operation and management of your web site and web application.

• We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.

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

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

• In the case of an individual Customer (Sole Trader), you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

• Any access to other networks connected to Y2Z.EU a PCGUYS company must comply with the rules appropriate for those other networks.

• While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

• No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time.

6. BANDWIDTH/DATA TRANSFER CONSUMPTION

 

1. If you exceed the bandwidth limit on your hosting plan, then you will be billed automatically at the price set out within the Y2Z.EU a PCGUYS company website for Customer hosting per additional gigabyte you consume per month. You may upgrade your account to the next available hosting plan that will have additional data transfer allowance where predetermined on Y2Z.EU a PCGUYS company website.

2. The Incoming emails are restricted to 15MB in size on Customer and shared hosting per email to prevent abuse of the mail system. There is no restriction on the size of the mailbox, but we reserve the right to close down mailboxes that consume excessive system resources.

3. Regular Email only accounts, excluding those set up through the Customer control panel system, are all restricted to 100MB bandwidth allowance. Additional bandwidth will be charged at the same rate as other hosting plans as determined by Y2Z.EU a PCGUYS company.

4. We reserve the right to remove scripts that consume excessive system resources.

5. We reserve the right to alter the price of disk space, hosting plans, Data transfer and any of our products at any time without notice.

7. RISKS

   1. The Customer acknowledges that, by definition, access to the Internet and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission etc. The Customer agrees to accept full responsibility arising from such risks and the consequences of the Customers usage of Y2Z.EU a PCGUYS company Hosting and related services herein and contravening clause 5 within the agreement.

 

8. CUSTOMERS LIABILITY:

   1. The Customer agrees to abide to all laws and regulations applicable to the services provided by him. The Customer shall be liable for all consequences and costs arising out of any breaches against such law or regulations perpetrated by him, or under his direction or on his behalf.

   2. The Customer acknowledges and warrants that the Service shall be used in the way intended and defined within this agreement and related addendums. Therefore the Customer shall comply with all relevant rules and regulations as defined herein.

   3. It is the Customers full responsibility if they break any appropriate regulatory bodies rules, regulations or guidelines.

   4. The Customer hereby agrees to indemnify and hold Y2Z.EU a PCGUYS company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including in particular, without limitation, reasonable legal fees, made by any Person or Persons due to or arising out of the Customers services and or practices, use of the services, connection to the Services, breach of this Agreement and or the Customers violation of any rights of any other Person or Persons.

9. PRICING AND PAYMENT:

   1. Y2Z.EU a PCGUYS company shall provide the Customer with the Service for the fees as defined in writing and or the availability through the control panel or Y2Z.EU a PCGUYS company website. These fees are payable in advance from the start of the Minimum Period of service. Payment will be due on the date specified on the invoice.

   2. Subject to our discretion we will invoice you with credit terms of 28 days net, on an Annual basis only. Y2Z.EU a PCGUYS company may charge interest on all outstanding amounts on a daily basis at the rate of 3% per annum above the base lending rate, from the date of the invoice until the date of actual payment or judgement has been enforced.

   3. We reserve the right to change the rates at any time. Pricing is guaranteed for the period of pre payment, any changes made during will be made after the prepaid period. Any installation fee as specified to you in writing, website or through your control panel, is payable in advance by credit card.

   4. In the event that the Y2Z.EU a PCGUYS company increases its fees, you will receive prior notice as determined within the agreement.

   5. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given in accordance with ADH 12. If you choose to pay by credit or debit card you authorise Y2Z.EU a PCGUYS company Computing Services to debit your account renewal fees and excessive charges from your card;

      1. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge liable at the time.

      2. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

      3. Reworking Charge - If the Customer consents to a Carrier engineer making good any existing non-Carrier installed wiring to make it fit for installation of the Service.

      4. Order Cancellation - If the Customer requests the cancellation of the Y2Z.EU a PCGUYS company ADSL service five (5) or less days prior to the arranged installation date.
         
         
         

10. HOSTING:

    1. The Customer confirms and warrants that he has done sufficient due diligence as in accordance and determined by, Ofcom’s “Code of Practice” and “Terms and Conditions” and any other relevant authorities in this area, that said Customer has full title and ownership the domain name(s).

    2. The Customer acknowledges that Y2Z.EU a PCGUYS company cannot guarantee that any domain name the Customer requests will be available or approved for use.

    3. Y2Z.EU a PCGUYS company has the right to require the Customer to select a replacement domain name and may suspend the relevant service associated with the domain name if, there are reasonable grounds to believe the Customer's current choice of domain name is, or is likely to be, in breach of the provisions of this Agreement and law.

    4. The Customer acknowledges that Y2Z.EU a PCGUYS company cannot guarantee that any domain name the Customer requests will be available or approved for use.

    5. If the Service includes the registration of an Internet domain name the Customer acknowledges and agrees that:

       1. Y2Z.EU a PCGUYS company does not represent, warrant or guarantee that any domain name applied for by the Customer will be registered in its requested name or is capable of being registered by it or that the use of such domain name will not infringe any third party rights. Accordingly, the Customer should take no action in respect of its requested domain name(s) until it has been notified that its requested domain name has been duly registered.

       2. The registration of the domain name and its ongoing use by the Customer is subject to the relevant industries protocols and or the relevant authority's terms and conditions of use. The Customer undertakes to Y2Z.EU a PCGUYS company that it will comply with such terms and conditions. The Customer hereby irrevocably waives any claims it may have against Y2Z.EU a PCGUYS company in respect of any decision of a naming authority to refuse to register a domain name and, without limitation, acknowledges and agrees that any administration or other charge paid by the Customer in respect of the registration of the domain name is non-refundable.

       3. Y2Z.EU a PCGUYS company accepts no responsibility in respect of the use of a domain name by the Customer. Any dispute between the Customer and other individual or organisation regarding a domain name, must be resolved between the parties concerned and Y2Z.EU a PCGUYS company will take no part in any such dispute. Y2Z.EU a PCGUYS company reserves the right on becoming aware of such a dispute concerning a domain name at its sole discretion, reserve the right, to either suspend or cancel the relevant service associated with the domain name and/or to make such representations to the relevant naming authority as it deems appropriate with no further redress from the Customer.

    6. Any Internet Protocol address allocated by Y2Z.EU a PCGUYS company to the Customer shall at all times remain the sole property of Y2Z.EU a PCGUYS company and the Customer will have a non-transferable licence to use such address for the duration of this Agreement. If this Agreement is terminated for whatever reason, the Customer’s licence to use the Internet Protocol address shall automatically terminate and thereafter it will not use such address.

11. INTELLECTUAL PROPERTY RIGHTS:

    1. It is agreed and acknowledged by the parties that all communication media and systems associated with the web site http://y2z.eu, the control panel and the underlying services remain the property of the Company, its suppliers or partners as appropriate. By using the services, the Customer shall not obtain any rights in the infrastructure, content, Intellectual Property, or software associated with the services.

    2. To run in conjunction with clause 4 of the Customers agreement.

12. AGREEMENT AND ADDENDUM AMENDMENTS:

    1. Y2Z.EU a PCGUYS company reserve the right to add to and/or amend the Conditions at any time. Such changes shall be notified to the Customer by posting in the Legal section of Y2Z.EU a PCGUYS company's Web site. Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Service after a period of Fourteen (14) days from the date of posting on the Web site.

13. DURATION AND TERMINATION:

    1. This Addendum shall come into force on the date hereof and continue thereafter unless and until terminated by either party in reference to clause 22 of the Customers agreement including sub clauses.

    2. Y2Z.EU a PCGUYS company reserve the right to suspend the Services and/or terminate this Agreement forthwith without notice to you if you:

       1. Fail to pay any sums due to Y2Z.EU a PCGUYS company by due date determined by invoice or in writing.

       2. Break any of these terms and conditions.

       3. If the Customers company or the Customer as a Sole trader go into insolvent liquidation and or the appointment of an administrator, administrative receiver or enter into a voluntary arrangement with your creditors.

    3. No refunds will be made under any circumstances for Services suspended in accordance with ADH 12.

    4. In the event of this agreement being suspended and or terminated, the Customer will be entitled to a pro rata refund based upon the remaining period of prepayment.

    5. During the first 7 days of Services, the Customer is entitled to a refund of the basic hosting plan rental fee should you decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 7 days of service.

    6. The Customer may cancel the Services at any time in writing to include your account username and password. Y2Z.EU a PCGUYS company will cancel the Services within 2 working days of receipt of your request.

       1. Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable on this basis.

       2. You will not be entitled to a refund on this basis if you have previously held an account with Y2Z.EU a PCGUYS company.

    7. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.

    8. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.

14. ENTIRE AGREEMENT:

    1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us 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 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 made expressly in this Agreement. We reserve the right to alter these Terms & Conditions and our Acceptable User Policy without consent or agreement from our customers.

15. SEVERABILITY:

    1. If any of the provisions of this Agreement and Addendums is found by any Court to be void or unenforceable such provision shall be deemed to be deleted from this Agreement and Addendums and clause 20 of said main agreement will be adhered to.