Terms and Conditions
These are the terms and conditions you agree to abide by when using services from 16 Interactive Ltd:
This contract is subject to English Law and the exclusive jurisdiction of the English Courts.
"16", "16i", "16 Interactive ", "Us" and "Our" - mean 16 Interactive Ltd.
Client - means the company or body that places an order with 16 Interactive and therefore agrees to abide by these Terms and Conditions. 16 Interactive is a UK based Digital Agency which supplies email marketing software, content management systems (CMS), search engine optimisation (SEO), bespoke software development and services for design & marketing agencies.
The lack of a common computer language on the Internet means that there may be a difference in appearance and performance depending on which browser is used. In addition, the settings of individual computers will also affect the appearance of a web site on screen.
16 Interactive will do everything in its power to maximise access and uniformity, but cannot be held responsible if some computers are unable to view the site or the sites final appearance on screen.
16 Interactive may indicate the Web site was created and supplied by 16 Interactive with a small line of text and graphic plus a link on the Client's Web site.
By placing an order the Client declares his right to reproduce all materials that the Client supplies. Any resulting violation of copyright and action brought by a third party will be the liability of the Client alone.
The copyright for all advertising, designs, text and slogans produced by 16 Interactive shall be retained by 16 Interactive. The Client is granted a license to reproduce such items solely for the purpose it was originally intended. It is for one time use in the U.K. only.
16 Interactive may grant a license for other purposes subject to payment of a further fee. The limited license hereby granted is contingent upon 16 Interactive having received full payment for all work. No reproduction or publication rights are granted until all sums are paid.
16 Interactive reserves the right to indicate that material was produced by 16 Interactive with a small line of text on each item and to use details of the advertising, public relations, direct marketing or Internet campaign in promotional material.
The following are trade marks of 16 Interactive Limited: 16i, 16 Interactive, mi|emailer, mi|cms, mi|seo, mi|bespoke, and the round green "16" motif displayed on this website.
Every effort will be made to ensure good reproduction of all advertisements, printed matter and photographs. However, the limitations of the four colour printing process and other processes, plus the quality of material and urgency of supply, may affect the finished item. Proofs will be supplied wherever possible, but in many cases the final result may be out of 16 Interactive's control.
Reservation of Title:
16 Interactive retains the title to the goods until all amounts due from the Client are paid. In the event of the Client being unable or unwilling to pay his debts, 16 Interactive may enter the Client's premises and recover the goods which are its property by virtue of this clause.
Any goods rejected as not complying for whatever reason with an order must be so rejected in writing within 14 days of receipt or publication. Goods damaged in transit must be kept in their original packaging for inspection.
16 Interactive is proud of its reputation for careful handling of client's property, however we cannot accept responsibility for any loss or damage. Clients are advised to take their own insurance cover.
16 Interactive is not liable for any breach of Contract that is beyond its reasonable control including; Acts of God, Fire, lightning, explosion, war, disorder, acts of central or local government, industrial disputes, floods or other extreme weather conditions.
All invoices are due for payment 14 days from date of invoice. All invoices are delivered electronically. Failure to pay on time may result in 16 Interactive withholding supply or publication of existing and future work, and adding compound interest at 5% above the Nat West Bank base rate per month.
In accordance with terms generally accepted within the industry, certain items need to be pre-paid (e.g. postage for direct mail campaigns and work relating to exhibitions).
All queries regarding invoices supplied by 16 Interactive must be made within 14 days of receipt.
VAT and other taxes will apply at the prevailing rate.
Failure by 16 Interactive to insist upon strict performance by the Client in accordance with these Terms does not in any way lessen or affect the liability of the Client under this agreement.
These Terms & Conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. These Terms & Conditions apply to all orders received by 16 Interactive and override any terms stipulated by the Client at any time.
These are the terms and conditions you agree to abide by when using 16 Interactive services:
A. Definitions in this agreement
- "Charges Schedule" means the schedule of charges for the Service which is made available to you from time to time
- "The Internet" means the global data network comprising interconnected networks using Transmission Control Protocol/Internet Protocol
- "Service" means the Service provided by 16 Interactive whereby you may gain access to the Internet via the telecommunications network and, where applicable, any services and facilities provided by 16 Interactive for you in connection with the Service and which are set out in the Charges Schedule;
- "User" means you, the person entering into this Agreement with 16 Interactive
- "16 Interactive " means 16 Interactive Limited whose registered office is at 6 Rockfield Business Park, Old Station Drive, Cheltenham, Gloucestershire, GL53 0AN, UK - Company No. 05432278
B. 16 Interactive will:
- provide high standards of customer support, answering calls during normal office hours;
- provide sufficient access servers to ensure a high standard of connectivity to the Service;
- ensure that original content created by or for 16 Interactive and offered through the Service meets normal professional editorial and publishing standards;
- keep any personal information given by the User to 16 Interactive confidential and not pass it to third parties other than its duly authorised contractors without permission;
- Ensure that its duly authorised contractors keep any personal information given by the User confidential.
- provide all services as detailed in the original offer as "free" at no cost to the User and will promptly invoice the User for any chargeable services that they have agreed to purchase.
Additional Limitations/Disclaimer of Liability
16 Interactive Ltd is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network 16 Interactive Ltd or its customers may utilise.
16 Interactive Ltd does not represent or warrant to User that User will receive continual and uninterrupted service during the term of this Agreement. In no event shall 16 Interactive Ltd be liable to User for any damages resulting from or related to any failure or delay of 16 Interactive Ltd to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond 16 Interactive Ltd's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement. 16 Interactive Ltd does not accept any responsibility for the use or publication of the domain name until such a time as the domain name has been activated and tested on the internet. 16 Interactive Ltd reserves the right to use our judgment in the interpretation of the design of Internet pages in relation to the material that we receive from the User.
C. The User will:
- be responsible for interoperability between their PC, their modem and the public telephone service;
- pay on demand the charges for any chargeable service that they have agreed to. 16 Interactive Ltd reserves the right to make an administration charge of £15 for each correspondence in relation to overdue payments. And the User agrees to make such payments should on demand should they not pay for chargeable services in the time period as agreed on the initial contract or invoice
- 16 Interactive Ltd reserves the right to withhold or prevent the release of domain names should the client default on their account. All services remain under the control of 16 Interactive until the account is paid in full;
- remain liable for any charges for the Service even if the User is unable to access the Service unless this is wholly attributable to 16 Interactive's negligence or willful default or omission.
- not use the Service to send or receive material which is offensive, abusive, indecent, obscene, fraudulent, criminal, menacing, libelous, in breach of confidence, copyright, privacy or any other rights or in a manner which causes annoyance, inconvenience or needless anxiety; and will not distribute unsolicited commercial messages, otherwise known as spam, through the Service.
- not hold 16 Interactive or any of its third party contractors liable in relation to the accuracy, reliability, availability and performance of resources accessed through the Internet which, the User acknowledges, are beyond the control and are not in any way warranted or supported by 16 Interactive or its third party contractors;
- use the Service entirely at the User's own risk;
- comply with any proper use policy regarding the Service that 16 Interactive notifies to the User from time to time.
- 16 Interactive reserves the right to withhold or prevent the release of domain name(s) should the client default on their account. All services remain under the control of 16 Interactive until the account is paid in full.
- All domains and hosting accounts will be automatically renewed. Please confirm in writing 30 days before the renewal to cancel the account. No accounts can be cancelled after they have been invoiced, unless done so in error by 16 Interactive.
D. Software and content
- Intellectual property rights in all software and content supplied to the User remains the property of 16 Interactive or its licensor or other content owner. The User will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to the User as notified to the User.
- The User may use software supplied by 16 Interactive on any single computer and on a second computer provided that the first and second computers are not used simultaneously and may make one copy of such software only for archival or back-up purposes and provided that any copy contains all of the original software's proprietary notices.
- The User shall not modify, translate, reverse engineer, decompose, and disassemble except to the extent that applicable laws specifically prohibit such restriction or create derivative works based on any software supplied by 16 Interactive or any documentation accompanying such software.
- 16 Interactive not shall be liable for any direct, indirect, incidental, special, consequential or other damages arising out of use of the Service or inability to use the Service or out of any breach of any warranty.
- 16 Interactive excludes where it is legally able to do so all implied warranties including warranties of fitness for purpose satisfactory quality and non-infringement of third party intellectual property rights.
- The User shall comply with the terms and conditions of use in relation to the software provided with the Service, and with any applicable export or re-export laws and regulations, including obtaining written authority from the USA Government if the User intends at any time to re-export any items of USA origin to any proscribed destination.
- 16 Interactive hereby excludes all liability for the accuracy or inaccuracy of any information or data transmitted through the Service, or the sending or receipt or failure to send or receive any information, data or software.
- 16 Interactive's maximum aggregate liability in arising out of, or in connection with, this Agreement shall be limited in respect of any one event or series of two or more connected event to an amount equal to the cover provided to Business Serve under policies of insurance.
- Each provision of this Agreement excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one to other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination or expiry of this Agreement.
E. Notices, default, exports and laws
- Notices given under this Agreement shall be delivered by hand or sent by prepaid first class post or electronic mail in the case of either party.
- If the User is in breach of any of the terms of this Agreement 16 Interactive may terminate this Agreement and the Service by immediate notice or may suspend a part of the Service.
- 16 Interactive may otherwise terminate this Agreement by giving the User not less than one month's prior written notice to termination.
- 16 Interactive may amend this Agreement from time to time by giving the User as much notice as is reasonably practicable in the circumstances.
- The Agreement is subject to the laws of England and the user submits to the exclusive jurisdiction of the English courts.
Terms and Conditions of 16 Interactive Webspace Provision
16 Interactive pursues a policy of improvement and development to its services. These conditions are subject to change without notice. The information contained herein is correct at the date of publication; however, it may be subject to revision and the service may be modified, supplemented or withdrawn.
- 16 Interactive Webspace usage is limited to 20 megabytes of space. Additional space may be purchased.
- 16 Interactive Webspace is cancelable after prior written confirmation of one month, subject to the mandatory 12 month minimum contract period
- 16 Interactive will provide a suite of CGI scripts for user use. 16 Interactive may refuse to accept use of user written CGI scripts
- Support for the service does not include HTML authoring or page design or for the installation and configuration of the Users own CGI scripts.
- Users are responsible for retaining copies of their files. 16 Interactive does not guarantee to keep backups of your data and will not be held responsible for any loss of data.
- A warning page must be displayed before any material liable to offend is displayed.
- Users will be held responsible for and accept responsibility for the content of their part of 16 Interactive Webspace.
- Users may not "sell on" 16 Interactive Webspace to third parties. However users may use their 16 Interactive Webspace to advertise for example their own business or a charity.
- 16 Interactive reserves the right to suspend the service in any cases where the 16 Interactive Webspace service is used contrary to the provisions of The Telecommunications Act 1984 (as amended by the Criminal Justice and Public Order Act 1994) in particular where the service is being used: for the distribution of any material which is defamatory, offensive, abusive or of an obscene or menacing character, or in connection with the carrying out of an criminal act; or in a manner which constitutes a violation or infringement of the rights of any person, firm or company (included but not limited to rights of copyright or confidentiality).
- 16 Interactive reserves the right to stop serving the pages of a user who alone or acting together in a parallel manner with others jeopardises the efficient operation of 16 Interactive Webspace for other users.
- 16 Interactive will not be held liable for any loss however occasioned as a result of any part of the 16 Interactive Webspace service.
- 16 Interactive hereby excludes all liability for the accuracy or inaccuracy of any information or data held on the 16 Interactive Webspace machine and accepts no liability for loss of data or other matters whatsoever which result from use of the 16 Interactive Webspace service.
- 16 Interactive reserves the right to remove, suspend or alter any or all of the 16 Interactive Webspace functions without warning or notice. This may include removing users' material.
- If a user no longer holds an account with 16 Interactive, their data will be withdrawn and deleted.
- By using the service, users are deemed to have agreed to and accepted these Terms and Conditions.
- These conditions are in addition to the standard 16 Interactive Terms and Conditions and your attention is drawn to section 3 of those terms.
- Any decision in relation to this 16 Interactive Webspace service made by 16 Interactive is final.
Fair Use Policy
16 Interactive will, at their sole discretion, provide unlimited web pages, in accordance with our monthly charge structure, should exceptional circumstances arise from the number of pages required, additional resources may be required, at which point a limit may be imposed, or further charges may apply.