The websites created with the SamuiXpress tools are provided and hosted in accordance with Samui Design & Management Ltd terms and conditions of use.
.UK Domain Name Users - If you intend to, or have purchased a domain name subscription which ends with .uk, please click here to view the terms & conditions of the UK Internet Names Organisation - Nominet UK.
(1) Yourself, your firm, company, partnership or other entity ("Subscriber").
(2) Samui Design & Management Ltd company number 4499164 with registered office at The Studio, Ivy Cottage, Tucks Lane, Longworth OX13 5ET ('Samui')
(A) The subscriber wished to utilise the SamuiXpress System for the construction and maintenance of a Subscriber Website.
(B) Samui has a business whereby it creates uniform sets of updateable Templates for web sites and provides all the necessary services including without limitation support and administration services in relation to such Templates to provide a service that reduces the cost of creating, developing and maintaining Websites.
DEFINITIONS AND INTERPRETATION
These terms and conditions form the Agreement between IK and the Subscriber:
"Commencement Date" means the date on which you first constructed a Website using the SamuiXpress System or the first day on which you edited your Website if it had previously been created on your behalf by a third party.
"SamuiXpress Network" means the collection of web sites comprising of your own and other Subscribers Websites constructed with the SamuiXpress System.
"SamuiXpress System" means the network, architectures, systems and software applications developed by Samui Design & Management in order to provide and support the SamuiXpress Network in so far as such relates to the Websites provided to the Subscriber.
"Intellectual Property Rights", "IPR" means all patents, Trademarks, service marks, unregistered Trademarks, domain names, designs, copyright, database and design rights and all other intellectual and industrial property and rights of a similar or corresponding nature in any part of the world, whether registered, registrable or not and including without limitation rights in and in relation to confidential information, inventions (including improvements on or additions to inventions) and domain names and the right to apply for and all applications for any of the foregoing absolutely for the full term of such Intellectual Property Rights together with all renewals, reversions and extensions throughout the world.
"Subscriber" is you, whether a company, firm or individual who has entered into this agreement with Samui to use in return for a subscription payment, a Website built using the SamuiXpress System.
"Subscriber Contract" This agreement, it's terms and conditions.
"Subscriber Website" means a Website built using the SamuiXpress System and hosted on the SamuiXpress System pursuant to a Subscriber Contract.
"Subscription Period" unless otherwise stated is [one] year.
"Site Administrator" The person whose name is notified to us on the Registration Form or other persons as notified to us from time to time by the Subscriber.
"Prohibited Material" means anything that:
(i) is defamatory, libellous, tortious, obscene, pornographic, offensive, racist, sexist, blasphemous, illegal, criminal or unduly disparaging to any individual, business, country or other entity, or otherwise offensive in character likely to lead to problems of a legal, commercial, business or political nature;
(ii) is otherwise inappropriate or harmful to minors;
(iii) knowingly contains any computer software viruses or other programs designed to destroy, interrupt or limit the functionality of computer hardware, software or telecommunications equipment; or
(iv) is deliberately inaccurate, incomplete, outdated or misleading or is likely to lead to confusion in the minds of Visitors to the origin, source or proprietorship of any element of Subscriber Content or the status, identity and/or provenance of Subscriber or the Subscriber Website.
(v) contains or may contain in the opinion of Samui material likely to infringe the Intellectual Property Rights of a third party.
"URL" means an Internet domain name that enables Visitors to access the Subscriber Website.
"Visitors" means third party Internet users accessing the Subscriber Website via the Internet.
1.2 The headings in the Agreement are for convenience only and do not affect its construction.
1.3 Reference to a Clause is to a clause in these Terms and Conditions.
1.4 The Agreement shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the High Court of Justice in London for all purposes connected with it.
THE AGREEMENT IS EXECUTED WHEN THE SUBSCRIBER INDICATES ACCEPTANCE OF IT EITHER BY COMPLETING ON-LINE THE CONSTRUCTION OF A WEBSITE USING THE SAMUIXPRESS SYSTEM OR IN THE EVENT THAT THE WEBSITE IS CREATED FOR THE SUBSCRIBER THE AGREEMENT IS EXECUTED THE FIRST TIME THAT THE SUBSCRIBER, SITE ADMINISTRATOR OR OTHER PERSON SO AUTHORISED BY THE SUBSCRIBER LOGS IN AND BEGINS EDITING THE SUBSCRIBER WEBSITE.