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ASAP CORPORATION LIMITED ADULT PRODUCT WEB SITE AGREEMENT (PAGE 2)
Occasionally, customers will return goods for a full refund under our Return of Goods Policy. Under such circumstances, the Company will have the right to deduct the commission from the Client, which had already been paid from the original sale.
9b) Any money paid to the Company for the license of the web site is non-refundable.
9c) Commissions are paid in sterling or US dollars by cheque or to a designated account. These are paid out monthly, upon receipt of cleared funds from the credit card company, according to a minimum cheque of $75. Where commission is less than $75, such amounts will be accrued on a monthly basis and paid out when the minimum level is reached.
10) Notwithstanding anything else contained in this Agreement, the Company shall not be liable to the Client for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract or howsoever.
10a) The Client acknowledges that, the Web site provides access to the Internet. But the information, communications, and interactive services that comprise the Internet, or are obtainable within the Internet, are outside the Company's reasonable control and as such that the Company cannot be responsible in any way for such information, communications or interactive services or any telecommunications systems or network (or faults or failures in them).
11) This Agreement shall commence on the Commencement date and shall continue thereafter for the lifetime of the Client. Should the Client wish to terminate this Agreement, then seven days written notice must be given.
12) The Company may terminate the agreement forthwith upon giving notice in writing to the Client, if the Client shall fail to pay any money due under the terms of this Agreement, including where any charges or accounts are rejected, or annual hosting fee and/or domain name fees are unpaid. The Company may, at its discretion, as an alternative to termination, suspend connection to and use of the Web site, until such charges are paid.
12a) The Company may also terminate this agreement if the Client shall have bankruptcy or insolvency proceedings brought against him/her, or shall have received, or administrative receiver appointed over him/her, or over any part of his/her undertaking, or assets, or shall pass a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction), or a court order of competent jurisdiction shall make an order to that effect, or if either party shall enter into any voluntary arrangement with its creditors, or shall become subject to an administration order.
12b) By the Company immediately and at its sole discretion if the client declines to agree the web site design itself.
12c) Should the client become deceased, the non-transferable licence will remain the property of the Company.
12d) Upon termination of this Agreement all rights and obligations of the parties under this Agreement shall automatically terminate.
13) Neither party shall be liable for any delay in performing any of its obligations under this Agreement, if the delay is caused by circumstances beyond its reasonable control. The delaying party shall be entitled to a reasonable extension of time for the performance of such obligations.
14) No waiver of any terms is valid, unless it is in writing and signed by an authorised person of the party charged with the waiver. A waiver is valid for the specific situation for which it was sought. All remedies provided for in this Agreement are cumulative and in addition to and not in lieu of any other remedies available to either party at law in equity or otherwise.
15) Nothing in this Agreement shall affect the statutory rights of a customer dealing with the Company as a Consumer, defined in the Unfair Contract Act 1977.
16) The Company cannot be held responsible in any way for the Client's trading results or the take up of the products.
17) If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provisions in question shall not be affected thereby.
18) This Agreement shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
19) The Company shall have no responsibility in respect of Income Tax or any other charge or levy, in respect of any accruing to, or on behalf of, the Client arising out of, or in relation to, the operation of the Web site.
20) This Agreement is the complete understanding between both parties and does not rely on any verbal or written representations made prior to this Agreement.
I/We confirm my/our acceptance of all the terms and conditions within this agreement.
Client(s) Signature:
Full Name:
Date
...
Client(s) Address:
...Postcode:
..Country:
..
Web Site Domain Name: www.
TBC
Amount paid
On behalf of the Company
.Date
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