SP Tax and Accounting Ltd
1. Conditions Applicable
1.1 These Conditions shall apply to all contracts for webmail or wapmail services to be provided by SP Tax and Accounting Ltd (“SP Tax Ltd”) to the account holder (the “Client”) to the exclusion of all other terms and conditions but in addition to any of the Standard Terms and Conditions applied by SP Tax Ltd as appropriate to the Contract.
1.2 The Client shall be deemed to have knowledge and to have accepted these Conditions by opening an account for webmail/wapmail services.
2. The Services
2.1 During the provision of the Services, the Client shall provide the following information to SP Tax Ltd: Up to date name and authority to order the Services from SP Tax Ltd; current address, and e-mail.
3. Fees, Cancellation and Terms of Performance
3.1 SP Tax Ltd does not make a charge for webmail and wapmail Services with the exception of redirection services which are charged at £25 for each change.
3.2 VAT shall be charged upon all invoices for Services rendered, payable at the then prevailing rate.
3.3 Any due payment waived by SP Tax Ltd is to be treated as a ‘special arrangement’ and does not permit the Client to rely on such treatment for future dealings.
3.4 The parties acknowledge that, notwithstanding the indemnity given to SP Tax Ltd by the Client hereunder, SP Tax Ltd has the right to remove all material appearing in e-mail messages sent to or from the Client or at their direction, which SP Tax Ltd, in its sole discretion, is of the opinion constitutes offensive, infringing or actionable wrongs of any sort whatsoever. In such a case, the Client will have no right to claim any damages for any loss whatsoever alleged to flow from such removal.
3.5 SP Tax Ltd reserves the right to close down any account of which the Client has made no use whatsoever during the preceding six months, unless an agreement is reached between the parties to the contrary.
4. Indemnity by Client : Disclaim of Warranty by SP Tax Ltd
4.1 It is accepted that SP Tax Ltd acts as a conduit medium for e-mail through its web browser and wapmail system and offer no warranties, implied or express as to the Services provided and in particular their fitness for any purpose or whether or not any infringement might occur from their use. SP Tax Ltd will incur no liability for any use of the Services or any inability to use the Services, whether as a result of postponement of service due to technical or other servicing of the system or otherwise, causing the Client or any third party direct, indirect or consequential loss or damage.
4.2 SP Tax Ltd excludes any warranty as to the accuracy or content of any information received by the Client through its webmail and wapmail services and specifically disclaims any liability for any action taken by Clients in reliance upon such information.
4.3 It is recognised by the parties that the Contract carries no warranty on the part of SP Tax Ltd that the Client has the right to use the chosen or allocated e-mail address claimed by the Client and the Client specifically warrants that it has such right.
4.4 SP Tax Ltd offers no warranties whatsoever in effecting the Services that by doing so it does not breach or infringe a third party’s rights.
4.5 The Client fully indemnifies SP Tax Ltd from all liability, claims, damages, penalties and demands by a third party arising out of any of the Services provided or any breach by the Client or infringement of any intellectual property rights or any other right of any person, including, but not limited to, any allegations that the content of any e-mail or redirection of same constitutes an actionable wrong under civil law or an offence under criminal law.
5. Obligations of Client
5.1 The Client agrees not to use the webmail/wapmail services for spamming. Spamming includes, but is not limited to the bulksending of unsolicited messages, or the sending of unsolicited e-mails; the sending of junk mail; the use of distribution lists; e-mail harassment of another Internet users, including but not limited to, transmitting any threatening libellous or obscene material, or material of any nature which could be deemed to be offensive; and the e-mailing of inappropriate communications to anyone under the age of 18. SP Tax Ltd have access to and may place a spam monitoring and control system to reduce spam sent to and from Clients.
5.2 SP Tax Ltd shall make reasonable attempt to respond to complaints made by Clients regarding the receipt of spam or other harassing e-mail or, in the case of Clients under the age of 18, complaints from such Clients’ parent or guardian regarding the receipt of spam or other harassing or offensive e-mail.
5.3 The Client specifically agrees that in addition to the agreement in 5.1 it shall not use the Services in violation of any legislation, civil or criminal current at the time or which fails to comply with accepted Internet protocol. The Client shall not attempt to interfere in any way with networks or network security, or attempt to use SP Tax Ltd’s services to gain unauthorised access to any other computer system.
6. Termination for Breach
6.1 Breach of the following conditions shall be deemed a fundamental breach which shall determine the contract between SP Tax Ltd and the Client immediately:
- Failure on the part of the Client to make payment of any sums due.
- Failure on the part of SP Tax Ltd to perform the Services ordered;
- The levying of any distress or execution against the Client or the making by it of any composition or arrangement with creditors or the Client’s liquidation other than a members’ voluntary liquidation.
7. Data Protection
7.1 The Client consents to SP Tax Ltd holding and processing the data it collects in relation to it during the provision of Services hereunder, for the purpose of SP Tax Ltd’s administration and management of the Services offered. In addition, to ensure compliance with applicable procedures, laws and regulations, the Client consents to the transfer storage and processing by SP Tax Ltd of such data outside the European Economic Area.
8. Notices and Variation of Terms
8.1 These Terms and Conditions may be changed or varied at the discretion of SP Tax Ltd. All such changes will be posted on SP Tax Ltd’s site. Continued use of the Services after any change in Conditions will be deemed acceptance by the Client.
9.1 If any provision or clause in these Conditions shall be held unreasonable or void or unenforceable, such provision shall be construed as severable and shall in no way render the remaining clauses or provisions.
10. No Waiver
10.1 No waiver or delay in taking any action or asserting any right on the part of SP Tax Ltd shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the full exercise of that right, power or provision.
11.1 This Agreement shall be governed by and construed in accordance with the laws of England & Wales and the parties agree to submit to the jurisdiction of the English Courts.
SP Tax and Accounting Ltd.
2 Victoria House, South Street, Farnham, Surrey, GU9 7QU UK.