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Terms & Conditions

Introduction

By proceeding with the purchases and or subscriptions of this site ('the Product') you agree to be legally bound by the terms and conditions ('the Terms') set out below with immediate effect. If you do not agree to be legally bound by all the following terms please do not continue with this purchase.

Chef-Net may update these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Chef-Net. Your continued use Chef-Net services, after changes are posted means you agree to be legally bound by these terms as updated and / or amended.

We are currently exempt from charging VAT. Unless expressly stated in writing by Chef-Net, fees and charges set out in these Terms are exclusive of VAT. We will therefore add VAT to our prices as and when it is deemed necessary.

 

Basis of Trial

Chef-Net may offer Products for a trial period. During this period you will be given a temporary domain name.

At any time during the trial period you may choose to buy – at this point you will be eligible to choose your domain name, which may be included in the purchase price of some packages.

If you do not accept the offer to subscribe within the trial period, we will assume you no longer wish to use these services and further use may be blocked. You are under no obligation to purchase.

 

Basis of purchase

The order placed by the Customer constitutes an offer to purchase the Product and acquire the Services subject to these Terms. No variation to the order or these Terms shall be binding unless agreed in writing between the authorised representatives of the Customer and Chef-Net.

 

Payments

The customer must pay any subscription fees 1 month in advance, on the 1st of each month. Any failed payments will incur a £50 admin charge and the service will automatically be terminated without notice, until all fees are paid.

 

Cancellation / Refund Policy

Online purchases of our services are covered by distance selling regulations. You will have upto 14 days in which you can cancel your service request.

Setup fees and hardware costs are non-refundable. Chef-Net can only provide you with a refund on subscription fees, if it is requested within the 30 days of the refund period, minus £90, which includes the cost of your domain name, hosting services and administration.

 

Provision of Services

The Customer will have the benefit of a range of Chef-Net’s services ('the Services') as listed on chef-net.com under the relevant column for the product they purchase - the services are detailed on our shop page.

Domain names are registered under Chef-Net. Any changes will require the registration of a new domain name at a current cost of £10 per domain name registered for one year from the date of registration.

If the Customer does not renew the Services the domain name may expire. Chef-Net excludes liability for any loss of profit caused to the Customer by the expiration of the domain name as a result of the Customer's failure to renew the Services.

Chef-Net excludes liability for any loss of profit caused to the Customer by the expiration of the domain name as a result of a technical fault or any other fault caused by any third party.

Chef-Net excludes liability for any loss of profit caused to the Customer by the expiration of the domain name as a result of a technical fault of any other fault caused by the negligence of Chef-Net or its partners.

Chef-Net will keep the products and prices updated on the website, and reserve the right to adjust the cost of these products at any time.

 

Availability

Chef-Net requires adequate communication services, which may be including a data connection, fax line, GSM service and all hardware required for each package. The customer is responsible for maintaining and managing this connection with its service provider.

The Customer acknowledges that Chef-Net’s systems, servers and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside its control.

In the event of any such interruptions Chef-Net will notify the Customer by email as soon as reasonably practicable of any such interruptions to its ability to provide the Services.

Chef-Net agrees to rectify faults or problems and to restore the system to full operational capacity as soon as reasonably practicable.

Chef-Net excludes liability for any loss of profit caused to the Customer as a result of the system not being fully operational.

IMAP, POP3 and SMTP services on the Customer's domain name is available only during the subscription period.

 

Limited liability

Chef-Net gives no condition, warranty, or undertaking, and makes no representation to the Customer about the suitability of, or fitness of the Services for the Customer's purposes other than those conditions, warranties, undertakings or representations expressly set out in these Terms.

With the exception of any rights which the Customer may have under applicable law in all warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979), are excluded from the Terms to the fullest extent permitted by law.

Nothing in these Terms excludes or limits the liability of Chef-Net for:

  • death or personal injury caused by Chef-Net; or
  • from further fraudulent misrepresentation or fraud.
  • Chef Net’s total liability in contract, tort, (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the fees received in relation to the Services; and in no event shall Chef-Net be liable to the Customer whether arising under these Terms or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any Consequential Loss. 'Consequential Loss' shall for these purposes mean (i) pure economic loss (ii) losses incurred by any customer of the Customer or other third party (iii) loss of profits (whether categorised as direct or indirect) (iv) losses arising from business interruption (v) loss of business revenue, goodwill, anticipated savings (vi) losses whether or not occurring in the normal course of business, wasted management or staff time (viii) loss or corruption of data.

 

Customer Content

Chef-Net will not be responsible for the accuracy and / or functionality of the material created or supplied by the Customer to Chef-Net ('Customer Content') in the form in which it is provided by the Customer or as modified upon and in accordance with the Customer's instructions for inclusion on the website.

Chef-Net will not be responsible for the Customer's failure to fulfil any orders placed for those goods or services being sold or promoted by the Customer on its website.

If Chef-Net reasonably forms the view that the Customer Content of any website may be pornographic, defamatory, misleading or deceptive or otherwise in breach of any third party's rights or in contravention of applicable law, including breach of any third party intellectual property rights, Chef-Net may without prior notice or any liability remove that Customer Content from the website and shall within 7 days thereafter notify the Customer of its removal.

Customer agrees to take all reasonable steps to ensure they are not in breach of any third party intellectual property rights by, including but not exclusively limited to, the illegal use of commercial songs on their MP3 players and / or by the unauthorised use of copyright works and / or by the unauthorised use of any registered intellectual property rights.

The Customer shall indemnify and hold harmless Chef-Net and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Customer Content including but not limited to the posting and / or transmission of Customer Content on the website.

 

Ownership

Chef-Net agrees that the Customer will own all the intellectual property rights in the Customer Content of the website.

The Customer will have sole responsibility for the use of any third party intellectual property rights included on the Customer's website and in the Customer Content. The Customer agrees to take all reasonable steps to ensure that the use of any third party intellectual property rights has been authorised and is not in contravention of any applicable law.

Any intellectual property rights owned by either party and required for the performance by the other party of its obligation under these Terms or the use of the website by the Customer shall be licensed to that other party on a non-exclusive, irrevocable, royalty free basis for the period during with the use of those rights by that party pursuant to these Terms is required.

Neither party, unless provided in writing, shall grant a sub-licence under the licences created without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.

 

Termination

Chef-Net may terminate the Services by notice in writing to the Customer in the event that:

  • the Customer fails to pay amounts due to Chef-Net and does not make that payment within 7 days after receiving notice requiring the client to do so;
  • the Customer fails to perform any of the obligations on its part to be observed or performed pursuant to these Terms and such failure is not remedied by the Customer within 14 days after receipt of it of a notice in writing requiring the default to be remedied;
  • any of the warranties or representations made by the Customer are false or inaccurate in any material way.

The Customer may request in writing that the domain name be transferred to an alternative hosting company, thereby terminating the Services, provided that:

  • the Customer has no outstanding debt due to Chef-Net; and
  • the Customer pays Chef-Net a fee of £15 for the costs transferring the domain name incurred by Chef-Net.

Either party shall be entitled to terminate the Services provided immediately by notice in writing to the other if the other party shall:

  • commit any material breach of any of its obligations under these Terms which (in the case of a breach capable of being remedied) shall not have remedied within 14 days after receipt of written request so to do;
  • pass a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall make an order to that effect;
  • have an administrator appointed or documents are filed with the court in respect of such appointment or notice is served of an intention to appoint an administrator by that party or its directors or by a qualifying floating charge holder as provided in the Insolvency Act 1986, paragraph 14 Schedule B1;
  • make any voluntary arrangement with its creditors or become subject to an administration order;
  • have a receiver or manager or similar official appointed over the whole or substantial part of its undertaking or assets of such party;
  • cease or threaten to cease to carry on business; and
  • have any similar event occur under law of any other jurisdiction in respect of it.

 

Equipment and access

In the case of Simple brochure sites, the Customer must provide, at its own cost, telecommunications services, computers and other equipment or services necessary to enable it to have access to the Services. The Customer must comply with all the rules and regulations that apply to the communications means by which the Customer obtains access to the Services.

 

Personnel and subcontractors

Chef-Net may in its absolute discretion sub-contract the performance of any of its obligations under these Terms.

 

Warranties

Each party warrants to the other that;

  • it has the authority to perform its obligations under these Terms; and
  • it has the ability to perform its obligations under these Terms.

Chef-Net warrants to the Customer that the Services:

  • will be provided by appropriately qualified and experienced personnel using all reasonable care and skill;
  • will not knowingly infringe the Intellectual Property rights of any third party

The Customer warrants to Chef-Net that:

  • the use by Chef-Net of any works or materials submitted by the Customer to Chef-Net under these Terms will not infringe the rights of any person or contravene any law;
  • it is solely responsible for communicating with persons who access its websites or other sites and that it will not divert any complaints or concerns to Chef-Net.

Chef-Net shall not be liable for defects resulting from improper use of the Services by the Customer or by another third party.

 

Indemnity

Each party ('the first party') indemnifies and undertakes to keep indemnified the other party, its officers, employees, contractors and agents ('the second party') against any costs or expenses (including the cost of any settlement) arising out of any claim, action, proceeding or demand that may be brought, made or prosecuted against the second party any person arising out of or as a consequence of an unlawful or negligent act or omission of the first party, its officers, employees or agents in any way connected with these Terms arising from any failure of the first party to comply with these Terms or otherwise.

The indemnity extends to and includes all costs, damages and expenses reasonably and properly incurred by the second party in defending any such action, proceeding claim or demands.

 

Confidential Information

Each party may use the Confidential Information of a disclosing party only for the purposes of these Terms and must keep confidential all Confidential Information of each disclosing party except to the extent (if any) the recipient of any Confidential Information is required by law to disclose the Confidential Information.

Each party may disclose Confidential Information of the other party to those of its employees and agents who have a need to know the Confidential Information for the purposes of these Terms but only if the employee or agent executes a confidentiality undertaking in a form approved by the other party.

All documents and other materials containing Confidential Information of either party will be returned to that party immediately upon termination of the Services

The parties' obligations to keep information confidential will survive the termination of the Services.

The obligations of confidentiality do not extend to information that:

  • is or becomes public knowledge (otherwise than as a result of a breach of these Terms); or
  • is required by law to be disclosed

 

Force Majeure

'An event of force majeure' means, in relation to either party, an event or circumstance beyond the reasonable control of that party including (without limitation) any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out or trade dispute or labour disturbance, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet service provider, war, military operations, act of terrorism or riot, delay or failure in manufacture, production or supply by third parties of equipment or services.

The party suffering the event of force majeure shall not be deemed to be in breach of these Terms or otherwise liable to the other party for any delay in performance or any non-performance of any obligations under these Terms (and the time for performance shall be extended accordingly) if and to the extent that the delay or non-performance is due to an event of force majeure.

If the event of force majeure in question prevails for a continuous period in excess of 3 months after the date on which it began, the other party may give notice to the party suffering the event of force majeure terminating the Services. The notice to terminate must specify the termination date, which must be not less than 30 clear days after the date on which the notice to terminate is given. Once a notice to terminate has been validly given, these Terms will cease to be operative from the termination date set out in the notice.

Enforceability

If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of the Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of the remaining Terms.

 

Alternative Dispute Resolution

All disputes at any time arising between the parties that cannot be resolved by negotiation may be referred to an expert in accordance with the remaining provisions of this clause.

The expert shall have appropriate qualifications and practical experience to resolve the particular dispute and be agreed by the parties or in the event of failure to agree shall be appointed by the President for the time being of the British Computer Society.

The parties shall promptly furnish to the expert all information relating to the particular dispute reasonably requested by him, imposing appropriate obligations of confidence.

The expert shall be required by the parties to use all reasonable endeavours to render his decision within 30 days following his receipt of the information requested or if this is not possible so soon thereafter as may reasonably be practicable and the parties shall co-operate fully with the expert to achieve this objective.

The parties shall share equally the fees and expenses of the expert. The decision of the expert shall be final and binding upon each of the parties.

For the avoidance of doubt the provisions of this clause provides for a form of advanced dispute resolution and is not a reference to arbitration.

Conflict of Terms

Except as otherwise expressly provided in these Terms in the event of any conflict between these Terms and the standard terms and conditions of the Customer these Terms shall prevail.

 

Law and Jurisdiction

Under these Terms any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to it or its formation, shall be governed by and construed in accordance with the laws of England.

The parties irrevocably submit to the exclusive jurisdiction of the courts of England to hear and determine any suit, action or proceedings or settle any disputes arising out of or in connection with these Terms and to enforce any judgment against their respective assets.

 

Exclusion of Third Parties

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no person other than the parties to these Terms shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties to it.



Chef-Net is a product of Fasko Limited, Registered in England and Wales, Company Number: 10083144.