Wellspotted Legal Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any web site and hosting products and services (Services) listed on our website www.ontanet.com (our site) to you. Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions. 

If you are entering this Contract as a “consumer” customer then we advise you to carefully note the provisions of clause 6 (Consumer Rights) and clause 11 (Our Liability) below.
You should print a copy of these terms and conditions for future reference


1.1 www.wellspotted.co.uk is a site operated by Wellspotted (we). 
1.2 Genesis House, 212 Ingram Rd, Bloxwich, Walsall WS3 3AD

2.1 Our site is only intended for use by people resident in the Serviced Countries UK, England, Wales, Scotland, Ireland, New Zealand, Australia, USA and Canada. We do not generally accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries before ordering Services from us.

3.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and(b) You are at least 18 years old;(c) You are resident in one of the Serviced Countries; and(d) You are accessing our site from that country.

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the either a product(s) has been dispatched or in the case of the provision of a service by us that we accept the your offer (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
4.2 The Contract will relate only to those Services whose dispatch or commencement we have confirmed in the Order Confirmation. We will not be obliged to supply any other Services which may have been part of your order until the dispatch or commencement of such Services has been confirmed in a separate Order Confirmation.

5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

6.1 If you are contracting as a consumer, you may (subject to the provisions of clause 6.3 below) cancel this Contract:
(a) in the case of any products dispatched as part of the Services, at any time within seven working days from the date of receipt of such products and you will receive a full refund of the price paid for the products so returned in accordance with our refunds policy (set out in clause 10 below); and/or(b) in the case of services provided as part of the Services, at any time within seven working days of the Order Confirmation so long as the services have not yet been commenced by us or provided to you within that seven working day period. If you do cancel the Contract within the permitted period you will receive a full refund of the price paid for the relevant services.
6.2 If you are contracting as a consumer, to cancel a Contract, you must inform us in writing. You must also in the case of any products dispatched as part of the Services, return the product(s) received as part of the Services (if any) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products received as part of the Services while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 You will not have any right to cancel a Contract for the supply of any of the following Services:(a) where we have already commenced or provided the Services to or any part of the Services to you; or(b) where the Services include the provision of goods which are custom designed to your specification; or(c) for any software which has dispatched to you and has been unsealed ; or(d) for any software which has been downloaded by you.
6.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.

7.1 We will use best endeavours to fulfil your order by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within [30 days] of the date of the Order Confirmation, unless there are exceptional circumstances. 7.2 In relation to the delivery of Services time shall not be of the essence in respect of any obligation under this Contract.

8.1 Any products delivered as part of the Services will be at your risk from the time of delivery.
8.2 Ownership products and the rights in any work or product produced by us under this Contract will only pass to you when we receive full payment of all sums due in respect of the relevant Services, including delivery charges.

9.1 The price of any Services will be as quoted on our site from time to time, except in cases of obvious error. 9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Order Confirmation.
9.4 Our site contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch/order fulfilment procedures so that, where a Service's correct price is less than our stated price, we will charge the lower amount. If a Service´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product or undertaking any work in relation to the Services , or reject your order and notify you of such rejection. 
9.5 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Unless agreed otherwise by us in writing payment for all Services must be by credit or debit card. We accept payment with Mastercard, Visa or PayPal. Subject to the provisions of this clause 9 we will not charge your credit or debit card until we despatch your order or provide the relevant services.
9.7 In the event that we do agree to issue an invoice to you for payment you shall pay such invoice in full within thirty (30) days from date of receipt of the relevant invoice.
9.8 In relation to Web Design Services the following payment provisions shall apply:(a) we will issue an invoice for the relevant services with our Order Confirmation and shall require a 50% deposit before undertaking any services on your behalf;(b) the deposit set out in (a) above shall be non-refundable once work commences on the relevant services; and(c) the balance of the invoice shall become due and payable on completion of the relevant services and the site goes live

10.1 When you return a product delivered to you as part of the Services to us (a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product delivered to you as part of the Services in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. (b) for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product delivered to you as part of the Services. Products delivered to you as part of the Services which are returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 
10.2 In relation to the provision of services as part of the Contract you will be liable and invoiced for costs incurred by us for all Services already provided to you to the date of the first notice of cancellation issued by you. Such invoice will be subject to our usual payment terms of thirty (30) days from the date of invoice.
10.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11.1 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. 
11.2 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the price paid for the Services.
11.3 This does not include or limit in any way our liability:(a) For death or personal injury caused by our negligence;(b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:(a) loss of income or revenue(b) loss of business(c) loss of profits or contracts(d) loss of anticipated savings(e) loss of data(f) loss of data, or(g) waste of management or office timehowever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.5 Where you buy any Service from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

12.1 In connection with our Data Hosting and Storage services the following additional specific provisions shall apply:(a) You shall not use this service for the hosting of adult, Warez, unlicensed MP3 sites on our servers and we reserve the right to remove such data from our servers without prior notice. (b) You shall not store more data in your account than your allotted virtual server space. (c) Your virtual server (inc FTP and Telnet access) is for your personal use only and not for commercial use or exploitation(d) You must not divulge the password allocated as part of this service to any other person or entity, and you should take all reasonable precautions to ensure that it is not discovered by other people. (e) This service in not a disaster recovery service and data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your virtual server. (f) You may not run server processes including but not limited to talkers and IRC bots from your virtual server. (g) When your account is closed, all files and data (including web pages) will be deleted. (h) You must use this service to undertake or participate in any form of un-solicited bulk e-mailing or spam. 
12.2 In connection with our Website Hosting services the following additional specific provisions shall apply:(a) Commercial use of web and ftp space is permitted. (b) You will be responsible for the content of your pages, including obtaining the legal permission for any information or works they include and ensuring that the contents of these pages do not violate any relevant and applicable laws. (c) You shall be held liable for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s). (d) You shall not use this service for the hosting of adult, Warez, unlicensed MP3 Sites on our servers. (e) We reserve the right to remove material deemed inappropriate from your web pages, without prior notice. 
12.3 In connection with our Domain Name services the following specific provisions shall apply:(a) We do not guarantee and provide no warranty that any domain names registered will be free and clear of intellectual property rights and/or claims by third parties (including, without limitation, rights and/or claims in relation to registered and unregistered trade marks). (b) All domain names registered by us on your behalf may subsequently be challenged and/or cancelled by persons other than us.(c) We will be registered as the Administrative and Billing Contact for any domain name registered, or held on behalf of you. (d) Any dates stated for the obtaining of the names and domains requested by you shall be an estimate only and we accept no liability for failure to meet such date or dates. (e) We reserve the right to charge an administration fee for any domain transfers from us per domain transferred. 
12.4 In connection with our Web Design services the following specific provisions shall apply:(a) We own all intellectual property rights in any material used, including any source code and original images created for you until payment of all sums due to us in full. On payment in full we shall transfer all intellectual property rights owned by us in the website to you subject always to any licences and consents required by any third parties.(b) If you provide images, text, animations or any other content for your website you are responsible for ensuring that this material does not infringe any intellectual property rights any third parties or that you have a suitable licence or consent to use such material from the relevant third party. (c) Certain images provided by us in the construction of your website may have been purchased under licence from stock image suppliers. These images are licensed for use on a single website only and may not be used or copied into in other document or publicity material. You will be responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification. (d) If your website is to be installed/hosted on a third-party server, we must be granted temporary read/write access to the third party’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server and you will provide all assistance and information necessary to ensure that we can fulfil our obligations in relation to the Services. (e) The website is provided to and accepted by you as a completed work. We are not responsible for future support and/or development unless we have agreed a separate support package with you. (f) We shall not be responsible for problems that develop on completed websites as a result of illegal activity including but not limited to any malicious software, spyware, viruses and website hacking. (g) We design websites in accordance with your specifications and it is your responsibility to ensure that the website and its content comply within the laws of the country where its business takes place. We do accept liability relating to your website’s compliance with such legislation including compliance with regulations related to accessibility, selling online or those related to a specific business or trade.

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14.1 Each party undertakes that it shall not at any time during this agreement, and for a period of 3 years after termination of this agreement, disclose to any person any Confidential Information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 14.2.
14.2 Each party may disclose the other party´s Confidential Information:(a) to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party´s obligations under this agreement Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party´s confidential information comply with this clause 14; and (b) as may be required by law, court order or any governmental or regulatory authority.
14.3 No party shall use any other party´s Confidential Information for any purpose other than to perform its obligations under this agreement. 
14.4 In this Contract “Confidential Information” shall mean information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, products, affairs and finances of the disclosing party for the time being confidential to that party and trade secrets including, without limitation, technical data and know-how relating to the business of that party whether or not such information (if in anything other than oral form) is marked confidential.

All notices given by you to us must be given to wellspotted at the above stated address or at This email address is being protected from spambots. You need JavaScript enabled to view it.We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:(a) Strikes, lock-outs or other industrial action.(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.(e) Impossibility of the use of public or private telecommunications networks.(f) The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 (www.practicallaw.com/A above.

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products and/or services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).

Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive


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