Definitions

• "JJS Software", "we", "us", "our" and "ours" means the software house JJS Software that is the company that develops and maintains Crystal CMS.
• The Crystal CMS Website and The Crystal CMS System is owned and operated by JJS Software.
• "Service" or "Services" means website hosting, bandwidth provision, software and any other service or facility provided by us to you;
• "The Software", "Crystal CMS" and "The Crystal CMS System" means the software system that is provided by JJS Software to build and maintain websites.
• Server means the hardware platform that is used to host The Software.
• The terms "you", "your", "yours" and "customer" means any user of The Crystal CMS System.
• The term "web site" means the website that is operated by the customer within The Crystal CMS System, where the customer is responsible for the content therein.
• Web pages means the customer's web pages on the web site including all text, graphics, data, files, information and other content stored electronically and access to which is made available to third parties via the internet;
• Account means the unique and secure credentials that are assigned to a user of The Crystal CMS System

1 Hosting
1.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Service and we shall have no liability for any loss of or damage to any data stored using the Service.

1.2 You shall effect and maintain adequate cover in respect of any loss of or damage to data stored using the Service.

1.3 You represent, undertake and warrant to us that you will use The Crystal CMS System only for lawful purposes. In particular, you represent, warrant and undertake to us that:
1.3.1 you will not use the Service in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so;
1.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
(b) any material containing a virus or other hostile computer program;
(c) 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.

1.4 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

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

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

1.7 The Software and all intellectual rights to the technology therein is wholly owned by JJS Software. The ownership of the Software does not pass to you at any time.

1.8 JJS Software does not perform search engine optimization or search engine marketing operations for customer websites. JJS Software do provide the software for you to build and maintain your website and we strive to ensure that the content delivered by the system always conforms to standards and is always search engine friendly, however you acknowldge that it is your own responsibility to promote and market your own Crystal CMS website and related content.

2 Service
2.1 In consideration of the Customer paying the fees in accordance with Clause 5, JJS Software shall provide the Software and The Services to the Customer in accordance with this Agreement.

2.2 JJS Software grants the Customer the exclusive use of the web-site operating under the provided sub-domain and to use the Software to build and maintain the website. JJS Software does not allow the Customer (or any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

2.3 The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.

2.4 Requests relating to the provision of Service are to be made or confirmed in writing or by electronic mail.

2.5 JJS Software will use all reasonable endeavours to adhere to any dates proposed by either JJS Software or you for the provision of Service; however any such date is to be treated as an estimate only and JJS Software accepts no liability for failure to meet such dates.

2.6 JJS Software will use all reasonable endeavours to provide reliable Service; however, it is not practicable to provide Service free of faults and JJS Software does not undertake to do so. Upon detection of a system fault, JJS Software will take all proper steps without undue delay to correct the fault. JJS Software shall not, in any event, be liable for interruptions of Service or downtime of a Server.

2.7 The Customer is solely responsible for providing and maintaining accurate and current contact information for the Customer's designated points of contact. JJS Software will be relieved of its obligations in these terms if JJS Software's contact information for the Customer is out of date or inaccurate due to the Customer's action or omission or other circumstances beyond JJS Software's reasonable control.

2.8 JJS Software may:

2.8.1 temporarily suspend for the purpose of repair, maintenance or improvement, part or all of Service, without notice. JJS Software undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension,

2.8.2 give or update instructions regarding the use of Service which in JJS Software's reasonable opinion are necessary in the interests of safety, or to maintain or improve the quality of Service to JJS Software's customers. Any such instructions shall, whilst they are in force, be deemed to form part of these terms,

2.8.3 vary the technical specification of Service for operational reasons.

2.8.4 perform scheduled maintenance of the system where the Customer is notified at least 48 hours in advance. Notice of Scheduled Maintenance will be provided on the Customer's Control Panel or by email directly to the recorded email address for the Customer.

3 Commencement and Initial Term
3.1 The Service shall be for an initial period and shall be provided for an intial term of twelve months. Commencement of service shall be deemed to be effected when the web site is first available by public URL.

4 Content and Misuse
4.1 You will use all reasonable endeavours to ensure that the Service is used or includes content that conforms to the laws of this country and will not knowingly permit any illegal use or such use that will bring JJS Software into disrepute.

4.2 You must not, nor must any other person, use the Service: to send or receive any material which is offensive, abusive, indecent, obscene, pornographic or menacing, or in breach of confidence, copyright, privacy or any other rights, to cause annoyance, inconvenience or needless anxiety, or in breach of any clauses contained within these terms, or other than in conformance with the acceptable use policies of any connected networks and the Internet standards. You shall not promote pyramid schemes, chain letters or disruptive commercial messages, shall not submit content that falsely expresses or implies that such content is sponsored or endorsed by JJS Software or the Crystal CMS system.

4.3 JJS Software may discontinue Service immediately if the User is found to have carried out or permitted any illegal or use that is prohibited by these terms. If JJS Software suspends Service for contravention of any clauses in these terms, JJS Software can refuse to restore Service until it receives an acceptable assurance from the User that there will be no further contravention.

5 Fees and Payment
5.1 All payments must be in or converted to UK Pounds Sterling.

5.2 All fees payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our Service provision.

5.3 We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.

5.4 All charges unless otherwise agreed are payable in advance. If payment is not received on or before the due date JJS Software reserves the right to immediately withdraw, suspend or limit the Service.

5.5 Without prejudice to our other rights and remedies under these terms, 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.

6 Termination and Suspension of Service
6.1. We shall be entitled to suspend the Services forthwith without notice to you if you:

6.1.1. fail to pay any sums due to us as they fall due.

6.1.2. contravene any of these terms and conditions.

6.2 We reserve the right to suspend the provision of Services at any time. In the event of this you will be entitled to a pro rata refund based upon the remaining period of prepayment.

6.3 No refunds will be made after the account has been set up on our servers.

6.4. Upon suspension of the Services due to the contravention of these terms we shall be entitled to immediately stop access to your Web Site and to remove all data located on the Server.

6.5 On termination of services we shall provide you with the data stored in your web site database only if you have requested the data prior to termination of the services. We shall be entitled to charge you for provision of this data. If you do not request the website data prior to termination, the data may be permanently along with related accounts.

7 Liability
7.1 You acknowledge that JJS Software has no direct control over the information transmitted via the Service and that JJS Software under normal circumstances does not examine the use to which you put the Service or the nature of the information you are sending or receiving. JJS Software hereby excludes all liability of any kind for the transmission or reception of information of whatever nature. In the event of a breach of these terms being brought to our attention, we may review your use of the Service and exercise suspension of provision of Service as per clause 6.

7.2 JJS Software undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.

7.3 JJS Software is not in any way liable in contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.

7.4 JJS Software makes no warranty as regards to its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and Service interruptions.

7.5 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

7.6 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

8 Indemnity
8.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of these terms.

9 Law
9.1 These terms shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

10 Headings
10.1 Headings are included in these terms for convenience only and shall not affect the construction or interpretation of these terms.

11 Matters Beyond Reasonable Control
11.1 JJS Software is not liable for any breach of these terms or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.