1.1 The 123-reg Local Listings terms and conditions are subject to 123-reg's General Terms and Conditions, and MiShop's terms and conditions. The Client acknowledges and accepts that they are bound by these terms, which are hereby incorporated and made an integral part of this Agreement. In the event of any conflict between 123-reg general terms and conditions and the MiShop Website terms and conditions, 123-reg terms shall prevail.
1.2 The headings used in the Agreement are inserted for convenience only and are not intended to be part of nor to affect the meaning or interpretation of any of the Agreement. In the Agreement the masculine includes the feminine and vice versa, and the singular includes the plural and vice versa as the context shall admit or require. Terms used but not defined herein shall have the meanings ascribed to them in the 123-reg General Terms and Conditions.
1.3 These terms apply to all new and existing Clients of 123-reg located anywhere in the world seeking to create a 123-reg MiShop Service package.
1.4. The service consists of 123-reg setting up an account on behalf of the Client to optimize their local web presence by receiving the outsourced service from MiShop to set-up and manage the Client's free features available to merchants on the internet business listing websites. For all business listings, please see the Business listing websites.
2.1 In order to use the MiShop Service, the client is required to provide all necessary log-in names and passwords to enable MiShop to create, store and use for the Business Listing Websites on the Client's behalf.
2.2 The Client hereby acknowledges and agrees that such system requirements as specified under this clause 2.2 remain their sole responsibility.
3.1 The Client acknowledges that given the nature of such Services, 123-reg cannot guarantee that the Services will be uninterrupted or error free.
3.2 The Client acknowledges that 123-reg gives no warranty or representation on behalf of MiShop that:
3.3 The Client acknowledges and accepts that MiShop act on behalf of 123-reg and the Client and MiShop shall not act as an agent or representative of any Business Listing Websites, nor will MiShop accept any liability for any representations made by the Business Listings Website.
3.4 The Client accepts that upon providing the details requested at Clause 2.1 above, they hereby grant MiShop permission to:-
3.5 The Client permits MiShop under this Agreement to use the Client's company logos (where available) and names for the purpose of carrying out the Services and promoting the Client's businesses and to create links from the Business Listing Websites to their website (if any).
3.6 The Client permits MiShop under this Agreement to use all information provided by 123-reg on behalf of the Client for the Client's businesses in any way MiShop see fit in the context of this service, without limitation.
3.7 The Client warrants and accepts that it is the Client's sole responsibility to ensure that all the information provided to 123-reg for and on behalf of MiShop is both complete and accurate.
3.8 The Client warrants that all material and content provided by them to 123-reg or MiShop for the Business Listings Websites has been reviewed and approved by the Client and the Client shall immediately notify 123-reg if any material or content needs to be changed.
3.9 Should the Client wish to change any of the information provided to 123-reg for and on behalf of MiShop, the Client can notify 123-reg in writing, by email or on the telephone as soon as practicably possible.
3.10 The Client warrants that they shall immediately notify 123-reg in writing/telephone if any of the information provided to 123-reg for and on behalf of MiShop is incomplete, incorrect or misleading and shall provide 123-reg with the correct information for MiShop.
3.11 The Client accepts that they are responsible for their own online marketing on other websites and through advertising campaigns.
3.12 The Client accepts that in the event of already being an established user of one of the Business Listings Websites, MiShop will not update their content on that particular website, unless the Client expressly requests 123-reg on the telephone or in writing to request an update on their behalf. The Client upon such requests should provide 123-reg with their log-in details and their password together with their permission for MiShop to access their account.
3.13 The Client acknowledges that MiShop cannot guarantee that every Business Listing Website will accept the Client's listings and material or display the same. The Client accepts that 123-reg shall not be liable to the Client in this respect.
3.14 The Client warrants that they shall update and notify 123-reg of any special offers and/or good or services on their website for MiShop to list on the Business Listing Website.
4.1 This Agreement shall be charged in accordance with the Fees set by 123-reg as set out in the order confirmation and the 123-reg email.
4.2 Clients shall pay 123-reg on a monthly billing plan.
4.3 Clients are required to pay the one off set-up fee upon purchase of the Service together with the maintenance services for the Business Listing Websites.
4.4 Clients who purchase the 'MiShop' package acknowledge that payment is made directly to 123-reg.
4.5 The Client is required to pay all fees within 7 days from the date of the invoice.
4.6 The Client acknowledges that 123-reg shall only refund the set-up fee if the Client contacts 123-reg on the telephone or via email within 14 days of purchase and requests a refund.
4.7 The Client accepts that all other fees paid to 123-reg are non-refundable in whole or part if the Client terminates the Service during the period to which the payment relates.
5.1 The service is subject to a minimum of 3 months.
5.2 The Client is required to provide 123-reg with a minimum of 30 days written notice in the event that they wish to cancel the service but the Client accepts that any cancellation notice served during the initial agreement period is subjected to any outstanding fees for the remainder of the service agreement.
5.3 The Client must contact the 123-reg sales team on 0345 5048540 if they wish to make a request to terminate the service.
5.4 123-reg reserves the right to terminate the service and suspend the website if:-
5.5 For full details on terminating the Service, please refer to the 123-reg general terms and conditions.
6.1 The Client can telephone 123-Reg for all Service support queries on 0345 5048540
6.2 The Client can email 123-reg at: firstname.lastname@example.org
6.2 The Client can write to 123-reg at:
Local listings team
Heart Internet Ltd
2 Castle Quay
7.1 The Client accepts that 123-reg shall assume that any material or content provided by the Client to 123-reg has been authorised, permitted or licenced to the Client for use by the Client, or that the Client has the lawful permission of the Owner and is free from any direct, indirect or prejudice material, communication, publication or otherwise to use the material or content.
7.2 The Client acknowledges and understands that 123-reg will not screen all material that it receives from the Client. However, upon notification of a potential infringement, 123-reg has the right to refuse to use the material in question or refrain from sending it to MiShop.
7.3 The Client accepts that 123-reg will not be held liable for any failure to carry out the proposed services for reasons beyond 123-reg's control, including but not limited to acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of 123-reg or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
7.4 The Client accepts that 123-reg total their liability to the Client in contract, tort or otherwise, for any loss or damage arising from or in connection with the Client's instructions, this Agreement and the provision of these Services, to an amount equivalent to the Fees paid by the Client under the Agreement.
7.5 The Client accepts and agrees that this Agreement states the full extent of 123-reg's obligations and liabilities in respect of our performance of the Services. You agree that any condition, warranty representation or other term concerning the performance of the Services which might otherwise be implied into or incorporated in this Agreement, whether by statute, common law or otherwise, is excluded to the maximum extent permitted by law. Nothing in this Agreement shall exclude or in any way limit either parties liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law.
7.6 123-reg shall apply all the laws used in England and Wales, but do not accept any liability for the contents if they infringe any other state/country laws. The terms are governed by the laws of England.
8.1 If any dispute arises in connection with this Agreement, Directors or other senior representatives of the parties with authority to settle the dispute, the parties will within 5 working days of a written request from one party to the other, meet in a good faith effort to resolve the dispute.
8.2 If the dispute is not resolved at that meeting, the parties will attempt to settle it by Mediation in accordance with the CEDR Model Mediation Procedure before proceeding to litigation.
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