MY INSTANT WEBSITE (INCLUDING INSTANT-PAY)
TERMS & CONDITIONS

MIWGLOBAL.COM

MIW Global Limited Terms of Business 
                     

All Users of Services provided by MIW Global Limited, by use of such Services, accept the terms of business set out in the form of a Service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the Services.

This Agreement is made between MIW Global Limited of 37th Floor, 1 Canada Square, Canary Wharf, London E14 5AA, United Kingdom  ("We", “Us” “Our” and also "MIW")          

And ‘You’ the user:   

The following constitute the Terms and Conditions under which MIW trades and supplies its Services and related products with You the User

1. DEFINITIONS


In this Contract unless the context otherwise requires:

1.01 "MIW", “Instant Payments”, “Instant-Pay”, "Us" and "We" means MIW Global Limited, incorporated in England, company number 07567445, with the registered office at 13 Station Road, London N3 2SB.

1.02 "Service" or "Services" means use of domain name, Website, Virtual Server hosting, Bandwidth provision, email, e-commerce and any other Service or facility provided by Us to You.

1.03 "Virtual Server" means the area on OUR Servers allocated by Us to You for use by You as a Website on the Internet;

1.04 "Charges" means the prevailing Charges as published from time to time agreed by Your acceptance of this agreement for the Services.

1.05 "Bandwidth" means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract;

1.06 "Data Transfer" means all traffic that passes through the Virtual Server including but not exclusively web traffic, email, FTP transfers and any telnet session data;

1,07 "Site" and "Website" means the software provided by Us at which Service is or is to be provided under this Contract;

1.08 "Internet" means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Intermit Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards

1.09 "User" means "You", the Customer, or any person who makes use of the Services through You or on Your behalf;

1.10 "Initial Contract Term" means the initial period of Service as specified in clause 6;

1.11 "Extension Term" means each successive period of twelve months after the Initial Contract Term.

1.12  "Preferred Partner" means that during this Agreement You may be provided the opportunity to earn commission by promoting products or services provided by MIW or their nominated associates in accordance with the terms and conditions of those companies.

1.13  “Third Party Service Providers” means any company or individual appointed by Us to provide a service for the operation of Your Website 

1.14  “First Payment” means the initial payment of cleared funds paid by You for Our service prior to Your receiving Our Service

1.15 “Due Date” means the date any payment becomes due for the provision of the Service

1.16 “Online Credit Card Terminal” means the facility for You to be able to take credit and / or debit cards online through a secure payment gateway provided by a payment solution provider provided to You by Us

1.17 “Virtual Office” means a password protected area on your Website where you can perform certain administrative functions to assist your business and administer your ecommerce account


2. DOMAIN NAME


2.1 We make no representation that the domain name You wish to register is capable of being registered by or for You or that it will be registered in Your name

2.2 The registration and use of Your domain name is subject to the Terms and Conditions of use applied by Us

2.3 We shall have no liability in respect of the use by You of any domain name or for any failure to connect to any site you require to be forwarded to or from

2.4 MIW shall be entitled to suspend or cancel as deemed appropriate the Service which includes the use of the domain name(s) unless full payment of all amounts due to Us at that time for whatever reason has been received by Us:

2.5 If payment is not received for any Service MIW may delete or retain the user's domain for further sale and delete any data including email contained within the Website.

2.6 If you select a domain name that infringes or may infringe the copyright, trading name or intellectual property rights of a third party, then We shall not be liable for any loss or damage caused or incurred for any reason.   


3. VIRTUAL SERVER HOSTING and EMAIL


3.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and We shall have no liability for any loss of or damage to any data stored on the Server.

3.2. You shall effect and maintain adequate insurance cover in respect of any loss of or damage to data stored on the Server.

3.3 You represent, undertake and warrant to Us that You will use the Virtual Server allocated to You only for lawful purposes and without infringing the rights of any third party

3.4 You will not post, link to or transmit: any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way, nor any material containing a virus or other hostile computer program, nor 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.

3.5 You will not undertake or allow spamming, or the sending of unsolicited email from or use an email address that is maintained on an MIW server

3.6 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.

3.7 Whilst We will use every reasonable endeavour to ensure the integrity and security of the Server, We do not guarantee that the Server 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 any other loss or damage including data

3.8 Fair Usage Policy: Customers using the Service will be restricted to no more than 1GB of data storage space and no more than 1 domain name unless otherwise offered by Us. Additional Bandwidth usage will be charged at current prevailing prices.


4. PREFERRED PARTNER, AFFILIATE & THIRD PARTY SERVICES


4.1 If during the course of using the Service You become a Preferred Partner to or a customer of a company introduced by Us or any other party, then You must abide by the Terms and Conditions of that company, ensuring You have a valid Consumer Credit Licence where appropriate and We shall not be liable for any negligence or non-compliance to any legislation on Your or Your representatives part or loss or damage caused or incurred for any reason. No commissions can be backdated for any reason.

4.2 You may benefit from commission earned as a Preferred Partner only during the period You are eligible to use the Service.

4.3 If during the course of using the Service You use the services of a Third Party Service Provider including e-commerce payment gateway solution providers, then You must abide by the Terms and Conditions and payment obligations of that company and pay promptly any fees and charges for their service provision as agreed to in their Terms and Conditions. We shall not be liable for any negligence or non-compliance to any legislation on Your or Your representatives part or loss or damage caused or incurred for any reason.

4.4 MIW will not be responsible and accepts no liability for any damage suffered or allegedly suffered or for any loss or consequential loss claimed by You for any reason due to termination of service to You by a Preferred Partner or Third Party Service Provider.

4.5 MIW makes no representation that you will be accepted as a customer or Preferred Partner to any company introduced by Us or any other party or if you have your service terminated or suspended by any company introduced by Us or any other party and We accept no responsibility if you are not accepted as a customer or Preferred Partner to any company introduced by Us or any other party or have your service terminated or suspended and no refund of charges or cancellation of this Agreement will be eligible or paid as a consequence of any non acceptance termination or suspension.


5. MIW SERVICE

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

5.2 MIW will use all reasonable endeavours to provide reliable Service; however, it is not practicable to provide Service free of faults and MIW does not undertake to do so. In the event of a fault in Service or part of the Service, You must report the fault by electronic mail to MIW's Technical Support 'admin@myinstantwebsite.co.uk' or by telephone at the appropriate numbers that MIW may from time to time provide. Upon receipt of the fault report, MIW will take all proper steps without undue delay to correct the fault within normal working hours 10.00 to 17.00 Monday to Friday excluding public holidays. MIW shall not, in any event, be liable for interruptions of Service or downtime of a Server for any reason or be liable to refund any Charges or for any loss or consequential loss

5.3 MIW may temporarily suspend for the purpose of repair, maintenance or improvement, part or all of Service, without notice. MIW undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension and shall not, in any event, be liable for interruptions of Service or downtime of a Server for any reason or be liable to refund any Charges or for any loss or consequential loss

5.4 MIW accepts no liability for any reason for Customer's applications, data, equipment, domains or facilities, acts or omissions of the Customer, or any use or user of the Service authorised by the Customer or reasons of Force Majeure or other circumstances beyond MIW's reasonable control (as defined in clause 13 of these terms).


6. COMMENCEMENT and INITIAL PERIOD OF SERVICE


6.1 The Service shall be provided for an Initial Contract Term of 12 calendar months and the Initial Contract Term shall commence from the date of this Contract as deemed the date of Your First Payment.


7. BANDWIDTH UTILISATION – FAIR USAGE POLICY


7.1 If the Bandwidth or speed of Service used by You exceeds OUR current quotas in a one month minimum period You will be advised by email of that exceeding of quota and an excess charge will be payable by You at current published prices for any subsequent month's where the quota is exceeded.


8. CONTENT and MISUSE


8.1 You will use all reasonable endeavours to ensure that the MIW 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 MIW into disrepute including any amendment of the text or images on Your Website.

8.2 You must not, nor must any other person, use the Service: for gaming purposes (unless previously approved by Us) or to send receive or publish on Your Website 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 provisions as contained within clauses 3 and 4 of this Contract. MIW 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.

8.3  You are solely responsible for Your own legal notices, - Terms and Conditions, Privacy Policy, Returns Policy/Complaints Procedure.  We provide You with examples only as a guideline, not to take the responsibility from You for operating Your independent business.  By using Our example Legal Notices you agree to hold Us harmless and blameless from of all loss and or damages or consequential loss resulting from the use of the Legal Notices by You or Your Customers.  You may amend Your Legal Notices in the ‘amend my site’ section within Your Virtual Office.

8.4  Your Website is built with some pre-built starter pages and starter shop pages containing example content, images and shop products as an example of how You may personalise Your Website.  It is Your responsibility to remove any sample content prior to trading and build your Website to Your own specification.  By using Our example content, images and shop products you agree to hold Us harmless and blameless from all loss and or damages or consequential loss resulting from the use of the example content, images and shop products by You or Your Customers or any third party.  You may amend Your example content, images and shop products in the ‘Amend my Website’ and ‘E-Commerce Centre sections within Your Virtual Office.


9. CHARGES and PAYMENT

9.1 All payments must be made on the Due Date. If Your payment is returned by the bank or credit card company as unpaid for any reason, You will be liable for a "returned payment" charge of £35.

9.2 All Charges 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 or on the Internet Site Application and shall be due and payable in advance of OUR Service provision. Charges are exclusive of 'Value Added Tax' which shall be paid additionally by You at the rate prescribed by law.

9.3 MIW shall have the right, subject to 14 days prior email or written notice to You, to increase OUR Charges at any time during the Initial Contract Term or any Extension Term. However, if such increase exceeds 25% of the Charge in question prior to such notice You shall be entitled to terminate the Contract by written notice to Us given by You within 30 days after Service of OUR notice of increase to You. If You do so terminate, You will remain liable for all Charges (at the previous rate) up to the date the Contract ends.

9.4 All Charges are payable in advance. If payment is not received on or before the due date MIW reserves the right to immediately withdraw, suspend or limit Service and will charge the User interest at the rate of 5% of the amount overdue per month. There can be no refunds for non used periods of hosting for any reason and under any circumstances

9.5 Without prejudice to OUR other rights and remedies under this Agreement, if any sum payable is not paid on or before the Due Date or if suspension of Service occurs due to Your fault, We shall be entitled forthwith to suspend the provision of Services to You. If such a suspension is imposed, You will be liable for a "reconnection" charge of £50

9.6  MIW shall be entitled when applicable to issue an invoice for the Charges at the appropriate times or as soon as is reasonably practicable. The invoice shall be entered into Your Website’s administration menu and You shall be responsible for checking receipt. MIW will if required provide invoices through the postal system but subject to payment of MIW's Additional Charges that are in force from time to time.


10. DEFAULT


10.1 If You do not pay the Charges in accordance with the provisions of clause 9 of this Contract, or break this Contract in any other way, or are subject to bankruptcy or insolvency proceedings MIW can suspend Service, wholly or partially, without notice (but the User remains liable during the suspension to pay Charges for Service), or terminate this Contract by immediate notice, without prejudice to MIW's pre-existing rights.

10.2 You continue to be liable to pay all Charges which are due for Service during any period in which You do not comply with this Contract.

10.3 If MIW waives a breach of Contract by You, that waiver is limited to the particular breach. Any delay by MIW in acting upon a breach is not to be regarded in itself as a waiver.


11. TERMINATION OF SERVICE


11.1 Service may be terminated by You on giving at least 90 days notice to Us expiring on the last day of the Initial Contract Term or at any time thereafter. You shall pay all Charges up to the expiry of the notice. We can terminate this agreement giving 30 days notice at any time or for any reason. No Charges will be refunded for any reason. No refunds will be given for payments made that exceeds the date of Termination.

11.2 MIW reserves the right for any reason which may include entirely at OUR discretion Your cancellation of membership to any organization or associated company who provides You with Our Service during the Initial Contract Term and at any time thereafter to terminate this Contract by giving to You not less than 30 days prior written notice of termination.

11.3 After the expiry of the Initial Contract Term You may terminate the Service by giving not less than 3 calendar months prior written notice of termination, but subject to Your notice not avoiding any other liability for Service already provided.

11.4 The Contract is a yearly contract and if You continue Service beyond Your Initial Contract Term You will be liable to pay for the remainder of the then current Extension Term even though Service ends before the end of the Extension Term.


12. NOTICES


12.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or in Your case the email address in Your Website and in Our case admin@miwglobal.com


13. MATTERS BEYOND MIW'S REASONABLE CONTROL


13.1 MIW is not liable for any breach of this Contract 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/or failure by any Service providers.


14. LIABILITY


14.1 You acknowledge that MIW has no control over the information on Your Website via the Service and that MIW does not examine the use to which You put the Service or the nature of the information You are displaying sending or receiving. MIW hereby excludes all liability in this respect.

14.2 MIW undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication or ecommerce Service or for faults in or failures of their apparatus.

14.3 MIW, IT’S SUPPLIERS OR PREFERRED PARTNERS OR ASSOCIATED COMPANIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ANTICIPATED SAVINGS, WASTED EXPENDITURE, CORRUPTION OR DESTRUCTION OF DATA, DIRECT OR INDIRECT LOSS OF REVENUE FOR ANY E-COMMERCE FAILURE,  ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MIW OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE

14.4 MIW makes no warranty as regards to its Service or equipment or that of any Third Party Service Providers and will not be responsible for any damage suffered or allegedly suffered or for any loss or consequential loss claimed by You for any reason including but not limited to loss of data, wrong or non deliveries, e-commerce failure or errors and Service interruptions or cancellation of services for any reason by Us or Preferred Partner or Third Party Service Providers.

14.5 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these Terms and Conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

14.6 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 for the period of the dispute which are the subject of any such claim.

14.7 In any event no claim shall be brought unless You have notified Us of the claim within one calendar month of it arising.


15. INDEMNITY


15.1 You shall indemnify Us and keep Us indemnified and hold Us harmless from and against any breach by You of these terms of business 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 this Agreement.


16. INTELLECTUAL PROPERTY RIGHTS


16.1 You shall obtain any and all necessary consents and clearances to enable You lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of Your proposed domain name.

16.2 MIW and no other party retain all Intellectual Property Rights in respect of Your Website, domain name, its logo and the Service.


17. ASSIGNMENT


17.1 You may assign all or part of this Contract to any other party only with the prior written agreement of MIW. MIW reserves the right to assign all or part of this Contract at any time to any subsidiary or associate company of MIW.


18. LAW


18.1 This Agreement shall be governed by and construed in accordance with English law and You hereby submit to the non-exclusive jurisdiction of the English courts.


19. HEADINGS


19.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.


20. DATA PROTECTION


20.1 You accept that encrypted and unencrypted data may be transferred and stored on the MIW's computer systems and servers or computer systems and servers nominated by MIW in the UK Canada US and any other country where MIW's computer systems servers or nominated computer systems and servers may reside from time to time. All information, mail messages and other data stored therein will be treated as private and solely as Your property at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with Your express or implied permission and/or for the purpose of MIW's back up services and maintenance and/or providing You with the Services and/or for MIW's own internal purposes such as market research.

20.2 MIW expressly points out to You that by entering into this Agreement You acknowledge and agree that once Your unencrypted data passes onto the Internet, it is not secure and is open to unscrupulous use. MIW cannot accept responsibility or liability for any data or information that becomes available by such means against Your wishes and MIW recommends the use of encryption for transfer of sensitive data or information.

20.3 You accept that the MIW will put You on its mailing list for receipt of product information and other advertising material from MIW and associated companies nominated by MIW from time to time unless You inform MIW in writing that You do not wish to receive such material.


21. ENTIRE AGREEMENT


These Terms and Conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms and Conditions. In agreeing to these Terms and Conditions, You have not relied on any representation other than those expressly stated in these Terms and Conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.                                                                     

 MIW Global v1.0 07 04 2011