WEBSITE LICENCE AGREEMENT FOR IMYGE NET’S WEBSITE RENTAL SCHEME CALLED WEBSITES MONTHLY (WM).
1. WM’s AGREEMENT
1.1 WM will within 28 days following receipt of the 1st monthly payment
1.1.1 design the Licensed Website to the reasonable satisfaction of the Licensee;
1.1.2 provide and host the Licensed Website for the Licensee’s exclusive use together with
(a) 5,10 or 20 POP3 email accounts depending on package taken

2. LICENSEE’S AGREEMENT
The Licensee agrees
2.1 to pay WM the Website Rental in advance by direct debit each month until termination of this agreement in accordance with paragraph 3 below;
2.1.1 Payment is required on a monthly pre-pay basis. Payments will commence on the day that design work starts on your website, not the date the website is completed or goes live. If your monthly payment fails for any reason you will, in some cases but not all, be sent an email requesting for the payment to be made. Should payment not be received 7 days after the date in which it was due you site may be taken down until such time as any outstanding payments have been made.
2.2 to use the Licensed Website only in accordance with the conditions set out in this Agreement;
2.3 promptly on request to provide WM with accurate and complete information for inclusion in the Licensed Website;
2.5 that the person accepting this Agreement on behalf of the Licensee is duly authorised to do so.

3. TERMINATION
3.1 Either party may give the other party not less than three month’s written notice to terminate this Agreement, such termination to take effect no earlier than 24 months from the date of the first Website Rental payment.
3.1.1 The monthly payment is an all in one package price covering email, hosting (not including VPS or dedicated servers) see paragraph 7, ongoing site security and intrusion monitoring, backup and site design and will continue to be due for the life of the site with WM past 24 months.
3.2 WM may terminate this Agreement at any time
3.2.1 by taking down the Licensed Website without notice to the Licensee in the event that any material is seen on it in breach of clause 7 below, or
3.2.2 if the Licensee remains in breach of any term of this Agreement after receipt of reasonable written notice warning that such breach will lead to termination.
3.3 Following termination any domain name associated with the Licensed Website may be transferred to a registrar of the Licensee’s choice provided
3.3.1 all sums due under this Agreement have been paid in full,
3.3.2 the Licensee pays WM’s administration fee for the transfer, and
3.3.3 the domain name is not at the time subject to a renewal notice.
3.4 Temporary or unintended failure of the Licensed Website will not operate as a breach or termination of this Agreement
3.5 WM is a product of Imyge Net, 29 Beech Road, Harrogate, North Yorkshire. HG2 8DZ

4. CONTENT OF THE LICENSED WEBSITE
4.1 The Licensed Website will consist of WM’s standard pages for Privacy Policy, Usage Policy, and Contact Acknowledgment, together with 5 or 10 pages depending on package chosen:
4.2 The Contact Form shall be linked to an email address provided by the Licensee, and shall include the Licensee’s name, address, telephone number, email address, any other information required from time to time by legislation or by any organisation of which the Licensee is a member, and enquiry text box. If the Licensee is a registered company the contact form shall include its full name, registered office and company registration number.
4.3 WM’s use WordPress as it’s platform and are designed using a responsive framework.
Material supplied by the Licensee which does not conform to the required specification may appear distorted on the Licensed Website.
4.4 WM may in its absolute discretion at any time reject any material submitted by the Licensee for incorporation into the Licensed Website.
4.5 You are responsible for all the content you publish on your website. Content can consist of audio, video, text, images and software. Take care to make sure that you are legally allowed to publish the content on your website. Especially take care that you have the rights to publish all images on your website and you are not breaking copyright law. If you are found to be breaking any laws with the content published on your website, you are entirely responsible for any consequences or legal action taken as a result of such content.

5 LICENSEE’S PROPERTY
5.1 The Licensee warrants to WM
5.1.1 that he is entitled to use all images, logos and text provided by the Licensee or inclusion on the Licensed Website (“the Supplied Material”), and
5.1.2 that publication of the Supplied Material either in the form in which it is supplied or in any form or combination approved by the Licensee in which it appears on the Licensed Website will not at any time contravene the rights of any third party or breach any statutory obligation of the Licensee or WM.
5.2 In relation to the use and/or publication of Supplied Material the Licensee agrees
5.2.1 to keep WM fully indemnified both during and after termination of this agreement against all costs, claims, expenses and liability however arising, and that WM shall be entitled in its absolute discretion to defend and/or compromise any actual or anticipated legal proceedings.
5.3 WM may in its absolute discretion accept for use with the Licensed Website a domain already licensed in the name of the Licensee, but in that event the name-servers for that domain must be and remain pointed at WM’s name-servers.

6 OWNER’S IMAGES AND TEMPLATE
6.1 WM will provide the Licensee with a template design and colour scheme to fit their branding for the Licensed Website.
6.2 Template designs, text, and images supplied by WM will remain the property of WM during this Agreement and after its termination. This Agreement and the Licensee’s use of the Licensed Website do not create any right or interest in designs, text, and images supplied by WM other than as set out in this Agreement.
6.3 WM warrants to the Licensee that all template designs, text, and images supplied by WM are fully authorised for use in the Licensed Website

7 HOSTING
WM must host your website as part of this agreement.
We use third party providers to host your website. Although great care has been taken to choose a provider it is possible that your site may be offline for any amount of time in the event of technical problems. We will not be liable for any damages or loss of income due to your site being offline and you will not be entitled to a refund of any kind. If we feel your site traffic or requests to the server are excessive or you request we may be required to move your site to a different host or hosting package which may result in an additional monthly fee.

8 DESIGN AND FUNCTIONALITY
Our pay monthly websites are based on frameworks we have either created or purchased from a third party. We then design the website for your requirements. Although we design each website specifically for each customer we do not guarantee that your website will not be similar to other websites we produce requiring a similar design and style. Each website comes with an array of features included within the monthly fee which you can view in detail here.

We take care to make sure the design of your website fits with your requirements. We cannot, however, guarantee that we will not make mistakes. These mistakes could result in your website not functioning in the way it was intended. In the event of a mistake such as this occurring we will endeavour to rectify the situation as best we can and as quickly as possible. WM do not, however, accept any liability for damages or loss of income resulting from any such mistake or mistakes. It is your responsibility to ensure that your site is working how it is intended, and it is your responsibility to notify WM of any circumstances where this is not the case.

9 CHANGES TO YOUR WEBSITE
Should you require any changes to your website, whether they be design or functionality, you may request such changes at any time. In all cases we will endeavour to make the changes requested. However, we reserve the right to refuse to make such changes at our sole discretion. It most cases changes you request will incur an additional fee which you will be required to agree to in order for the changes to be implemented. You can view a full list of what is included within the monthly fee here.

Should you need to add, edit or delete content from your website you will be able to do this through the content management system provided (if your chosen package allows this) with your website. WM will assist and support any issues you may have in updating your website with content. If you require WM to implement content into your website directly then an additional charge may apply.

10 LIMITATIONS
10.1 The Licensee may not at any time during this Agreement publish on the Licensed Website or store or permit to be stored on WM’s servers any of the following:
10.1.1 “adult” material including all pornography, erotic images or otherwise lewd or obscene content
10.1.2 excessive down-load content or non-linked content
10.1.3 material which WM in its absolute discretion deems to be offensive.
10.2 WM reserves the right to remove data to a different server without notice
10.3 The Licensee will be responsible throughout the term of this Agreement for checking the content and operation of the Licensed Website and WM will not be liable for any loss or expense whether direct or indirect suffered by the Licensee as a result of any failure, error, omission or defect in the Licensed Website or any service connected with it.
10.4 WM does not guarantee search engine rankings for the Licensed Website.

11 GENERAL
11.1 Any failure or delay on the part of WM to enforce any term of this Agreement shall not be deemed a waiver of that term or the right to enforce it.
11.2 WM and the Licensee agree to seek resolution of any dispute arising out of this Agreement by formal mediation prior to issuing court proceedings unless injunctive relief is sought from the court.
11.3 No third party can take advantage of this contract under the Contracts (Rights of Third Parties) Act 1999 or otherwise.