Terms and conditions

Web design terms and conditions

Please read these terms and conditions carefully, as they set out our and your legal rights and obligations in relation to our web design services.

1. Definitions and interpretation

1.1 In the Agreement:

"Acceptance Criteria" has the meaning given to it in Clause 5.2;

"Acceptance Period" means the period of 10 Business Days beginning on the date of actual delivery of the Website to the Customer;

"Affiliate" means an entity that Controls, is Controlled by, or is under common Control with the relevant entity;

"Agreement" means the agreement between the Company and the Customer incorporating these terms and conditions and the Proposal, and any amendments to it from time to time;

"Business Day" means any weekday, other than a bank or public holiday in England;

"Business Hours" means between 09:00 and 17:30 London time on a Business Day;

"Charges" means the amounts payable by the Customer to the Company under or in relation to the Agreement (as set out the Proposal);

"Company" means Interact Partners Ltd, a limited company incorporated in England and Wales (registration number 4633184) having its registered office at 68 Lowther Street, Penrith, Cumbria CA11 7UF;

"Confidential Information" means:

(a) any information supplied by the Company to the Customer (whether supplied in writing, orally or otherwise) marked as "confidential", described as "confidential" or reasonably understood to be confidential;

(b) the terms (but not the existence) of the Agreement;

"Control" means the legal power to control (directly or indirectly) the management of an entity (and "Controlled" will be construed accordingly);

"Customer" means the customer for services under the Agreement as specified in the Proposal;

"Customer Works" means the works and materials provided to the Company by the Customer, or by any third party acting for or on behalf of the Customer, for incorporation into the Website;

"Defect" means a defect, error or bug having a material adverse effect on the appearance, operation or functionality of the Website but excluding any defect, error or bug caused by or arising as a result of:

(a) an act or omission of the Customer, or an act or omission of one of the Customer's employees, officers, agents or sub-contractors;

(b) an incompatibility between the Website and any other application, program or software (other than the Customer Works and the Third Party Works).

"Delivery Date" means the date for delivery of the Website specified in the Proposal;

"Effective Date" means the date when the Company sends to the Customer its written confirmation that the Agreement is agreed, following the Customer's acceptance of the Proposal and these Web Design Terms;

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the "intellectual property rights" referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, domain names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

"Personal Data" has the meaning given to it in the Data Protection Act 1998;

"Proposal" means the proposal document issued by the Company detailing the scope of the Services and other matters relating to the Agreement;

"Services" has the meaning given to it in Clause 3.1;

"Third Party Works" means the works and materials comprised in the Website, the Intellectual Property Rights in which are owned in whole or part by a third party (excluding the Customer Works);

"Term" means the term of the Agreement;

"Unlawful Content" has the meaning given to it in Clause 7.1;

"Website" means the website to be developed by the Company for the Customer under the Agreement; and

"Year" means a period of 365 days (or 366 days if there is a 29 February during the relevant period) starting on the Effective Date or on any anniversary of the Effective Date.

1.2 In the Agreement, a reference to a statute or statutory provision includes a reference to:

(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b) any subordinate legislation made under that statute or statutory provision.

1.3 The Clause headings do not affect the interpretation of the Agreement.

1.4 The ejusdem generis rule is not intended to be used in the interpretation of the Agreement; it follows that a general concept or category utilised in the Agreement will not be limited by any specific examples or instances utilised in relation to such a concept or category.

2. Term

The Agreement will come into force on the Effective Date and will continue in force until the acceptance of the Website by the Customer in accordance with Clause 5, upon which it will terminate automatically, unless terminated earlier in accordance with Clause 14.

3. The Services

3.1 The Company will:

(a) design and deliver the Website;

(b) incorporate the Customer Works and Third Party Works into the Website;

(the "Services").

3.2 The Company will use reasonable endeavours to perform the Services in accordance with the timetable set out in the Proposal; however, the Company does not guarantee that that timetable will be met.

4. Customer obligations

4.1 The Customer will provide the Company with:

(a) such co-operation as is required by the Company (acting reasonably) to enable the performance by the Company of its obligations under the Agreement; and

(b) all information and documents required by the Company (acting reasonably) in connection with the provision of the Services.

4.2 The Customer will be responsible for procuring any third party co-operation reasonably required by the Company to enable the Company to fulfil its obligations under the Agreement.

5. Delivery and acceptance

5.1 The Company will use reasonable endeavours to deliver the Website to the Customer for acceptance testing on or before the Delivery Date.

5.2 During the Acceptance Period, the Customer will carry out acceptance tests to determine:

(a) whether the Website conforms in all material respects with the specification of the Website in the Proposal; and

(b) whether the Website has any Defects;

(the "Acceptance Criteria").

5.3 If in the Customer's reasonable opinion the Website meets the Acceptance Criteria, the Customer will send to the Company a written notice during the Acceptance Period confirming acceptance of the Website.

5.4 If in the Customer's reasonable opinion the Website does not meet the Acceptance Criteria, the Customer will send to the Company a written notice during the Acceptance Period setting out in detail the respect(s) in which the Website does not meet the Acceptance Criteria.

5.5 If the Company (acting reasonably) agrees that the Website does not meet the Acceptance Criteria, the Company will have a further remedial period (of 30 Business Days) to modify the Website so that it meets the Acceptance Criteria.

5.6 The Website will be deemed to have been accepted by the Customer if:

(a) the Customer does not give any notice to the Company under either Clause 5.3 or Clause 5.4 during the Acceptance Period; or

(b) the Customer publishes the Website or uses the Website for any purpose other than development and/or testing.

6. Third Party Works

6.1 Third Party Works will be licensed to the Customer under the relevant licensor's standard terms and conditions for online use, or on licence terms notified by the Company to the Customer.

6.2 Any licence fees for Third Party Works will be payable by the Customer in addition to the Charges specified in the Proposal (unless the parties agree otherwise).

7. Unlawful Content

7.1 The Customer will ensure that the Customer Works do not infringe any applicable laws, regulations or third party rights ("Unlawful Content").

7.2 The Customer will indemnify and will keep indemnified the Company against all damages, losses and expenses (including legal expenses) arising as a result of any claim that the Customer Works constitute Unlawful Content, or any legal proceedings relating to such a claim.

8. Charges and payment

8.1 The Company will issue invoices for the Charges to the Customer on the relevant invoicing dates set out in the Proposal, or (if earlier) upon the acceptance of the Website by the Customer.

8.2 The Customer will pay the Charges to the Company within 30 days of the date of issue of an invoice issued in accordance with Clause 8.1.

8.3 All Charges stated in or in relation to the Agreement are stated exclusive of VAT, unless the context requires otherwise.

8.4 Charges must be paid online, or by bank transfer or by cheque (using such payment details as are notified by the Company to the Customer from time to time).

8.5 If the Customer does not pay any amount properly due to the Company under or in connection with the Agreement, the Company may:

(a) charge the Customer interest on the overdue amount at the rate of 8% per year above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and will be compounded quarterly); or

(b) claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

9. Intellectual Property Rights

9.1 All copyright and other Intellectual Property Rights in the Website (excluding the Customer Works and the Third Party Works) will as between the parties be the sole property of the Company and, subject to full payment of the Charges, from the date of acceptance of the Website by the Customer the Company grants to the Customer a non-exclusive worldwide licence of such Intellectual Property Rights for the purposes of:

(a) publishing and operating the Website;

(b) backing-up the Website; and

(c) updating and adapting the Website;

subject always to the other terms of the Agreement.

9.2 The Customer may only sub-license the rights granted in Clause 9.1 for the purposes set out in that Clause.

9.3 Without prejudice to Clause 9.4, the Company waives (and will ensure that its employees and subcontractors waive) any moral rights they may have in the Website arising under Chapter 4 of the Copyright, Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights anywhere in the world.

9.4 The Company may include the statement "Web site designed by Interact Partners" together with a link to the Company's website on each page of the Website in a position and in a form to be agreed by the parties. The Customer will retain any such credit and link in any adapted version of the Website, and the Customer will (and will only) remove any such credit and link from the Website at the Company's request.

10. Warranties

10.1 The Customer warrants to the Company that it has the legal right and authority to enter into and perform its obligations under the Agreement.

10.2 The Company warrants to the Customer:

(a) that it has the legal right and authority to enter into and perform its obligations under the Agreement;

(b) that it will perform its obligations under the Agreement with reasonable care and skill; and

(c) that the Website will continue to operate without any Defects for a period of 1 month from the date of acceptance of the Website (and if the Website does not so operate, the Company will, for no additional charge, carry out any work necessary in order to ensure that the Website operates without any Defects during this period).

10.3 The Customer acknowledges that the Company has designed the Website to work with the web browser technology specified in the Proposal, and the Company does not warrant that the Website will work with any other web browser technology.

10.4 The Customer further acknowledges that the Company does not purport to provide any legal advice under the Agreement or in relation to the Website and the Company does not warrant that the Website will not give rise to any civil or criminal legal liability on the part of the Customer or any other person.

10.5 All of the parties' liabilities and obligations in respect of the subject matter of the Agreement are expressly set out herein. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.

11. Liability

11.1 Nothing in the Agreement will exclude or limit the liability of either party for:

(a) death or personal injury caused by that party's negligence;

(b) fraud or fraudulent misrepresentation on the part of that party; or

(c) any other liability which may not be excluded or limited under applicable law.

11.2 Subject to Clause 11.1, the Company's liability to the Customer under or in connection with the Agreement or any collateral contract, whether in contract or tort (including negligence), will be limited as follows:

(a) the Company will not be liable for any:

(i) loss of profits, income or anticipated savings,

(ii) loss or corruption of any data, database or software,

(iii) reputational damage or damage to goodwill;

(iv) loss of any commercial opportunity, or

(v) indirect, special or consequential loss or damage;

(b) the Company will not be liable for any losses arising out of a Force Majeure Event; and

(c) the Company's liability in relation to any event or series of related events will in no circumstances exceed £1,000.00.

12. Data protection

12.1 The Customer warrants that it has the legal right to disclose all Personal Data that it does in fact disclose to the Company under the Agreement.

12.2 The Company warrants that:

(a) it will act only on instructions from the Customer in relation to the processing of any Personal Data performed by the Company on behalf of the Customer; and

(b) it has in place appropriate security measures (both technical and organisational) against unlawful or unauthorised processing of Personal Data and against loss or corruption of Personal Data processed by the Company on behalf of the Customer.

13. Confidentiality and publicity

13.1 The Customer will keep confidential the Confidential Information, and will not disclose that Confidential Information except as expressly permitted by this Clause 13.

13.2 The Customer will protect the confidentiality of the Confidential Information using at least reasonable security measures.

13.3 The Confidential Information may be disclosed by the Customer to its employees and professional advisers, provided that each recipient is legally bound to protect the confidentiality of the Confidential Information.

13.4 These obligations of confidentiality will not apply to Confidential Information that:

(a) has been published or is known to the public (other than as a result of a breach of the Agreement);

(b) is known to the Customer, and can be shown by the Customer to have been known to it, before disclosure by the Company; or

(c) is required to be disclosed by law, or by an order (binding upon the relevant party) of a governmental authority, a regulatory body or a stock exchange.

13.5 The Customer will not make any public disclosure relating to the subject matter of the Agreement (including press releases, public announcements and marketing materials) without the prior written consent of the Company.

14. Termination

14.1 The Company may terminate the Agreement at any time by giving at least 30 days' written notice to the Customer.

14.2 Either party may terminate the Agreement immediately by giving written notice to the other party if the other party:

(a) commits any material breach of any term of the Agreement, and:

(i) the breach is not remediable; or

(ii) the breach is remediable, but other party fails to remedy the breach within 30 days of receipt of a written notice requiring it to do so; or

(b) fails to pay any amount due under the Agreement in full and on time.

14.3 Either party may terminate the Agreement immediately by giving written notice to the other party if:

(a) the other party:

(i) is dissolved;

(ii) ceases to conduct all (or substantially all) of its business;

(iii) is or becomes unable to pay its debts as they fall due;

(iv) is or becomes insolvent or is declared insolvent; or

(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;

(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;

(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Agreement); or

(d) (where that other party is an individual) that other party dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.

15. Effects of termination

15.1 Upon termination all the provisions of the Agreement will cease to have effect, save that the following provisions of the Agreement will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 7, 8.5, 9, 10, 11, 13, 15, and 16.3 to 16.13.

15.2 Termination of the Agreement will not affect either party's accrued rights (including the Company's accrued rights to invoice for and to be paid the Charges) as at the date of termination.

15.3 If the Agreement is terminated under Clause 14.1, or by the Customer under Clause 14.2 or 14.3 (but not in any other case), the Customer will be entitled to a refund of any Charges paid by the Customer to the Company in respect of any Services which were to be performed after the date of effective termination, and will be released from any obligation to pay such Charges to the Company (such amount to be calculated by the Company using any reasonable methodology).

15.4 Save as provided in Clause 15.3, the Customer will not be entitled to any refund of Charges on termination, and will not be released from any obligation to pay Charges to the Company.

16. General

16.1 Any notice given under the Agreement must be in writing (whether or not described as "written notice" in the Agreement) and must be delivered personally, sent by first class post, or sent by email, for the attention of the relevant person, and to the relevant address or email address given below (or as notified by one party to the other in accordance with this Clause).

The Company:
Mark Melling
Interact Partners Ltd
68 Lowther Street, Penrith, Cumbria
CA11 7UF
info@interactpartners.com

The Customer
The addressee, address and email address specified in the Proposal.

16.2 A notice will be deemed to have been received at the relevant time set out below (or where such time is not within Business Hours, when Business Hours next begin after the relevant time set out below):

(a) where the notice is delivered personally, at the time of delivery;

(b) where the notice sent by first class post, 48 hours after posting; and

(c) where the notice sent by email, at the time of the transmission (providing the sending party retains written evidence of the transmission).

16.3 No breach of any provision of the Agreement will be waived except with the express written consent of the party not in breach.

16.4 If a Clause of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of the Agreement will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).

16.5 Nothing in the Agreement will constitute a partnership, agency relationship or contract of employment between the parties.

16.6 The Agreement may not be varied except by a written document signed by or on behalf of each of the parties.

16.7 The Company may freely assign its rights and obligations under the Agreement without the Customer's consent. Save as expressly provided in this Clause or elsewhere in the Agreement, neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise dispose of or deal in the Agreement or any rights or obligations under the Agreement.

16.8 The Company may subcontract any of its obligations under the Agreement to any third party without the Customer's consent.

16.9 The Customer will not, without the Company's prior written consent, either during the term of the Agreement or within 6 months after the date of effective termination of the Agreement, engage, employ or otherwise solicit for employment any employee or contractor of the Company who has been involved in the performance of the Agreement.

16.10 Each party agrees to execute (and arrange for the execution of) any documents and do (and arrange for the doing of) any things reasonably within that party's power, which are necessary to enable the parties to exercise their rights and fulfil their obligations under the Agreement.

16.11 The Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.

16.12 The Agreement constitutes the entire agreement and understanding of the parties in relation to the subject matter of the Agreement, and supersedes all previous agreements, arrangements and understandings between the parties relating to the subject matter of the Agreement. Subject to Clause 11.1, each party acknowledges that no representations or promises not expressly contained in the Agreement have been made by or on behalf of the other party.

16.13 The Agreement will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.

Web hosting terms and conditions

Interact web hosting accounts include:
• 100 POP3 mailboxes - so you can set up email addresses for different individuals such as f.bloggs@yourdomain.co.uk, j.soap@yourdomain.co.uk etc
• webmail – so you can read your email from any PC by logging onto your email account through a web browser
• a "catchall" email address that you can specify – so any email for your domain that does not match one of your POP3 accounts can be forwarded to this mailbox
• unlimited email forwarders – so you can set up several generic email addresses such as info@yourdomain.co.uk, sales@yourdomain.co.uk and forward each of them to specific individuals. Or you can forward your email to a completely different address e.g. forwarding your business mail to your personal mail address
• unlimited auto responders – so you can set up standard emails to be sent out as replies to mail received at specific addresses
• spam protection using SpamAssassin – so you can delete spam on the mail server before it is delivered
• 5 Gb of web space
• 25 Gb of bandwidth to the web site per month
• 4 parked domains – so you can point 4 additional domain names to the same web site material
• password-protected directories – so you can make some material available only to specific users to whom you have issued passwords
• web statistics – so you can see how many users have visited your site
• 4 MySQL databases

Please note: we recommend that you set up your own anti-virus protection and ensure that it is kept up to date (we cannot take responsibility for clients' virus protection)

Interact Partners Ltd (referred to as "Interact") provides web hosting services subject to these terms and conditions.
Please note that Interact provides web hosting services through partnership arrangements with web hosting suppliers. The services are provided on shared web servers which host multiple web sites. This approach provides a cost-effective web hosting solution, but may not be appropriate for all web sites. If you have any concerns about whether these services are appropriate for your situation, please contact Interact on 01768 631001 or by emailing info@interactpartners.com.

Please read these Terms and Conditions before placing your order.

All dealings with Interact are subject to UK law.

We reserve the right to amend and update these Terms and Conditions at any time without prior notice.

The Accounts
All Interact hosting accounts run for a period of 12 months and are payable in advance in one payment. This is not refundable should the client decide to transfer their domain to another host part-way through the year.

There is no charge from Interact for domain name transfer out of Interact.

There is no charge from Interact for UK domain name transfers to Interact. There is a charge of £25 to transfer a .com, .net, .org, .biz or .info domain to Interact and this extends the registration period by 2 years.

Domain name registration including 2 or 5 years naming authority fees is payable at the time of ordering and is non-cancellable and non-refundable.

On ordering or transferring a domain name, client agrees to the terms and conditions as set out by the particular Naming Registry.

Registration of a .co.uk, .org.uk, .ltd.uk, or .me.uk domain name constitutes acceptance of the Nominet UK Terms.

Registration of a .com, .net, .org, .biz, .info or .tv domain name constitutes acceptance of the ENOM Domain Name Registration Terms and Conditions.

On ordering a hosting account, client agrees to these terms and conditions.

Interact reserves the right to change prices at any time.

All pricing is guaranteed for the term of the payment.

All pricing is in UK Sterling. Cheques can only be accepted in UK Sterling and should be made payable to Interact Partners Ltd. Interact has the right to decline or rescind any order.

Account Renewal
If you do NOT wish to renew, you must contact Interact at least 1 week before the renewal date to cancel the web hosting account. Invoices for renewal of hosting accounts will be sent out before the start of the next account year, and must be paid according to the payment terms displayed on the invoice.

At all times the Client must specify a communications address, which should be an email address, if available, or a mailing address to which Interact may send all invoices, notices or other forms of communication, (particularly in an emergency). Should the Client fail to notify Interact immediately of any change in particulars then Interact shall not be liable for any loss to the Client arising from any such failure.

If the renewal invoice is not paid when it becomes due, and at least 2 requests for payment have been sent out to the client's last notified communications address, then the account will be closed and the domain will be deleted from the servers.

Cancellation
All transfer and cancellation requests must come in writing from the account holder who shall provide sufficient client identification information to Interact.

Interact reserve the right to suspend or cancel a client's access to any or all services at any time without notice. If we cancel an account due to, in our opinion, the account being inappropriately used then no refund of monies will be due.

Acceptable Use
All sites may be used for personal and commercial use but the client is responsible for the content of their pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate any laws.

Interact do not put adverts on clients' websites.

Account holders are not permitted to resell or give away any of their webspace or any service provided by Interact. Account holders are also not permitted to allow anyone to use their account in any way that may be in breach of these terms and conditions.

Any domain names that are forwarded to a hosted account or added (using either another provider's forwarding service or the Add-on or Parked domains feature in the control panel) must belong to the account holder.

Clients accept that server downtime, whether for system upgrades or any other reason, may occur and there will be no compensation paid for any period of downtime in any event.

We do not allow adult material, foul or abusive language, Warez, illegal MP3 sites, slander, libel, impersonations, promotion of violence or terrorism, racial/sexual/political discrimination or other services we deem inappropriate. The designation of "adult material" is left entirely to the discretion of Interact and includes pornography and escort agencies. Warez - includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. This also includes any sites which provide "links to" or "how to" information about such material.

We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources.

Sites with archives of image files or other files for download that may put a serious drain on server resources are also not permitted.

Accounts that use excessive amounts of system resources that result in degradation of server performance will be subject to suspension or deletion at our discretion.

We police our sites regularly and any in breach of these terms and conditions will be removed from our servers.

Bandwidth - If your traffic exceeds that allowed then a charge may be levied, until your bandwidth usage is reduced. If an excessive bandwidth levy is not paid within 2 weeks of the invoice being sent then the account will be cancelled and no refund will be paid. The current excess bandwidth charge is £4 per Gb or part thereof per month.

It is your responsibility to ensure that your password(s) and username are kept safe. You must not divulge the password(s) to any other person except your web designer or web consultant, and you should take reasonable precautions to ensure that they are not discovered by anyone else.

Clients must not participate in any form of unsolicited bulk e-mailing or spam. Users may not utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.

For new hosting accounts a temporary address is provided to allow viewing of the web site prior to the domain propagating on our name servers and this must not be used for continual access to the web site. Therefore it is the responsibility of the domain owner or administrator to ensure that the domain name servers are modified or the domain is transferred to Interact as soon as possible after the account is set up.

We do not permit the use of the following scripts on any of our servers:
All versions of YABB forum. Chat rooms except for those included in the control panel. Matt Wright's formmail versions 1.91 and older. Any scripts that can be exploited to allow unauthorized access. Any scripts which become too resource intensive for a shared hosting environment.

All scripts installed by our clients must be kept up to date with the latest secure version. Old scripts with known vulnerabilities as well as user-developed scripts which may be insecure may be subject to deletion. When installing scripts the permissions must not be set to 777.

Whenever possible, we will notify our clients in advance if we find possible problem scripts at their domain. This may not always be possible and it is your responsibility to ensure that your scripts are kept up to date and are secure.

Users must not use .htaccess to bypass server rules.

Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep backups of all data stored on your virtual server.

We reserve the right to review included features and/or disable features for security reasons.

Indemnification
The client agrees that it shall defend, indemnify, save and hold Interact harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Interact, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns.

The client agrees to defend, indemnify and hold harmless Interact against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Interact's servers; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Interact's servers.

Disclaimer
Interact will not be responsible for any damages or losses your business may suffer.

Interact makes no warranties of any kind, expressed or implied for services we provide.

Interact disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Interact and its employees.

These Terms and Conditions do not affect your statutory rights.

Any account in breach of these Terms and Conditions, determined solely at Interact's discretion, shall be removed from our servers.

Interact reserves the right to revise its policies at any time.