General Terms & Conditions

E-mail, Website Hosting and Domain Name Services

MediaHeads is a brand of Boost Advertising Ltd (hereinafter referred to as “MediaHeads”), a provider of Services including e-mail, website hosting and domain name services. These Conditions set out the terms under which MediaHeads will provide Services to the Client (as such terms are defined below). MediaHeads reserves the right to change, add, subtract or in way alter these Conditions without the prior consent of the Client.

MediaHeads agrees to supply the Services to the Client on the following conditions. These conditions are not an offer to provide service but a statement of the terms on which we will provide them.

MediaHeads will use its reasonable endeavours to provide the Services in accordance with any timescale, but will not be liable to the Client where, based on those reasonable endeavours, it fails to meet any timescale.

MediaHeads will not be liable for any failure to provide the Services resulting from any breach by the Client or its employees, agents or subcontractors of the Agreement.

MediaHeads reserves the right at any time and from time to time improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Equipment.

Suspension

Without prejudice to its other rights and remedies, MediaHeads may at its sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:

• notified or unscheduled upgrade or maintenance of MediaHeads’ IT systems;
• issue by any competent authority of an order which is binding on MediaHeads which affects the Services;
• if the Client fails to pay any Fees or any other sums owing to MediaHeads by the Client when they fall due;
• if an event occurs and MediaHeads deem it to be appropriate to terminate the Agreement;
• if the bandwidth or computer memory used by the Client in relation to the Services exceeds any agreed or stipulated level and MediaHeads determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by MediaHeads from time to time;

Where MediaHeads suspends provision of the Services, it will only be obliged to recommence provision during Business Hours and once the Client has paid all relevant outstanding sums in clear funds together with any relevant reinstatement fee (as published from time to time by MediaHeads) and has accepted any revised payment terms requested by MediaHeads (such as payment by direct debit).

The Client acknowledges that, given the nature of such services, MediaHeads cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.

MediaHeads gives no warranty or representation that:

• the Services will meet the Client’s requirements;
• the Services will be provided on an uninterrupted, timely, secure or error-free basis;
• any results obtained from use of the Services will be accurate, complete or current.

Client’s Obligations

The Client agrees that it shall immediately notify MediaHeads on becoming aware of any unauthorised use of all or any of the Services.

The Client agrees that it shall not use the Services or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (including any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under English law or regulation, the laws or regulations of the Client’s country or any other place where the results of such purpose or the material in question can be accessed;

Payment Terms

The Fees are payable to MediaHeads subject to the following conditions:

Fees payable monthly, quarterly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates. Clients will automatically be charged again at the end of their pre-pay period unless the Client has followed the Contract Termination procedure.

Any set up fee will (unless otherwise stated) be payable immediately.

The Client agrees to pay MediaHeads’ invoices within 7 days of invoice due date.

All accounts that have any unsettled invoices 20 days after the due date may be passed onto a Debt Recovery Agency, where additional recovery charges and court cost may accrue.

All sums payable to MediaHeads under the Agreement must be paid in full with no set-off or deduction.

Liability

MediaHeads will not be liable to the Client in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of revenue, loss of contract, loss of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of MediaHeads or its employees, agents or authorised representatives, which arises out of or in connection with the Agreement.

The Client acknowledges that the allocation of risk in the Agreement reflects the price paid for the Services and that it is not within the control of MediaHeads how or for what purposes they are used.

Where the Client accesses MediaHeads’ services from locations outside the UK, the Client does so, on the Client’s own initiative and is responsible for compliance with local laws.

Termination

To terminate the agreement, the Client must provide 30 days’ written notice to MediaHeads for either the whole or any part of the Agreement.

MediaHeads may immediately terminate the Agreement (or at its option, any part of it) by notice in writing to the Client if the Client fails to pay to MediaHeads any sum due under the Agreement after the due date for payment.

Pay-per-Click Advertising Campaign Management

You understand that all Pay-per-Click Advertising revenue is payable directly to Google, Microsoft, Facebook and/or LinkedIn.