PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

COMPANY ADDRESS & DETAILS

AFD Multimedia Limited trading as afd.net, foilproof.com, hotstickers.co.uk, nicetshirt.com, corporategear.co.uk

Registered Office: 325 Kentish Town Road, London, NW5 2TJ
Postal Address: 28 Belgravia Gardens, Bromley, Kent, BR1 4TB
Telephone: 0870 890 0445

Email: mailto: studio at afd dot net

Company Registration Number: 5055697
VAT Registration No. 844 0347 40

AGREEMENT

These terms and conditions relate to AFD Multimedia Limited and trading styles, domains and aliases of AFD Multimedia Limited including

www.afd.net
www.foilproof.com
www.hotstickers.co.uk
www.nicetshirt.com

Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights here under shall not be construed as a waiver of such provision or right thereafter to enforce the same.
This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.

AFD Multimedia Limited terms and conditions are in addition to any terms and conditions that apply to services provided by third parties. Placing an order online, verbal, written or by any other method indicates that you (the customer) have read and agree to these terms and conditions.
AFD Multimedia Limited reserves the right refuse to provide quotations or accept orders from Customers if AFD Multimedia Limited does not wish to provide the service to the customer, without the need for explanation.

CONFIDENTIALITY

Definition
The term "Confidential Information" relates to any information, which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary. Our confidentiality terms relate to all information, whether provided in writing or orally, and disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party"), or to any employee or subcontractor of the Receiving Party (the "Recipient"), whether before or after the date of the Agreement, including, without limitation, any information relating to the Disclosing Party's Clients, products, operations, processes, plans or intentions, product information, know how, design rights, trade secrets, market opportunity and business affairs.

Each of the parties agrees not to:
Disclose any Confidential Information received from the other party; or
Make any use of any such Confidential Information or disclose the Confidential Information to any other person. No originals or copies of information relating to the work carried out for services related to this agreement are to be passed, given or communicated in any form to a third party and information will not be used for any purpose other than the performance of obligations under this Agreement, unless authorised in writing by the Disclosing Party.
Each party may disclose Confidential Information received from the other to its responsible employees, consultants, subcontractors or suppliers who need to receive the information in the course of performance of this Agreement.

The confidentiality obligations shall not apply to any information which:
is or subsequently becomes available to the general public other than through a breach by the receiving party; or
is already known to the receiving party before disclosure by the disclosing party;
is developed through the independent efforts of the receiving party; or
The receiving party rightfully receives from a third party without restriction as to use.

PAYMENT AND GENERAL SERVICES
In consideration for the payment of the Fees calculated correctly in accordance with the Price List at the time of the completion of an Order Form by the Customer, AFD Multimedia Limited agrees to provide the Services.

The Customer agrees to make payment for the Services as follows:
Pay any deposit requested at the time of placing the order before work commences.
By debit or credit card at the time of placing the order if the Customer completes an Order Form on-line or if the Order Form is submitted by post, fax or email. Credit card payments will be accepted via the telephone. AFD Multimedia Limited reserves the right to charge a 4% fee for all Credit Card transactions.
By payment of invoice within 30 days of the invoice date if the Order Form is submitted and payment by invoice has been agreed prior to order.
If the Customer fails to pay any invoice which is due and payable under this Agreement, AFD Multimedia Limited shall be entitled to charge interest on a daily basis on the overdue amount and on outstanding interest from the date of such failure until payment (both before and after judgment) at an annual rate of 4% above the base rate of Barclays Bank Plc. for the time being in force. If AFD Multimedia Limited does not receive payment in full within 60 days of the date of the invoice, it may terminate this Agreement as regards any Service requested by the Customer without further obligation to the Customer.
Pay VAT on all services unless the items purchased are zero rated or you have an exemption certificate.
Non-delivery or non-performance of services by any party other than AFD Multimedia Limited shall not give the Customer any right to delay any payment to AFD Multimedia Limited or to make any claim whatsoever against AFD Multimedia Limited.
All prices quoted or estimates given may be subject to change and will only be valid for 30 days after being given to the Customer.
AFD Multimedia Limited retains all Intellectual Property Copyrights until full payment is received from the Customer.
The rights and obligations of the Customer under this Agreement are personal to the Customer and the Customer undertakes that it shall not nor purport to: assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.

AFD Multimedia Limited agrees to:

Carry out all aspects of Services with reasonable skill and care and to generally accepted industry standard.
Rectify and notify of any errors made to invoices, receipts and excessive payments received from Customers within a reasonable period of time.
Keep price lists up to date with the latest charges services and products provided by AFD Multimedia Limited. Price lists, service and product information is subject to change at any time without prior notice.
All data and technical information relating to Services are given by AFD Multimedia Limited in the belief that they are reasonably accurate. The Company accepts no responsibility whatsoever for any such information which has been prepared by a third party.
AFD Multimedia Limited reserves the right to subcontract any of the work required to fulfil its obligations here under.
Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance here under (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supranational authority.
AFD Multimedia Limited will make reasonable endeavours to ensure that the services are provided as described in AFD Multimedia Limited associated web sites and marketing media but because most of the Services are provided by means of computer, telecommunication systems and third parties AFD Multimedia Limited makes no warranties or representations that any Service or product will be uninterrupted or error-free.

CUSTOMER AUTHORISATION AND OBLIGATIONS

The Customer hereby appoints AFD Multimedia Limited to act on its behalf in conjunction with the provision of the Services.
The Customer acknowledges and accepts that to enable AFD Multimedia Limited properly to provide the Services it must cooperate with AFD Multimedia Limited as required by AFD Multimedia Limited and, without limitation in particular:

the Customer must provide AFD Multimedia Limited with accurate details of its e-mail and physical addresses and promptly notify AFD Multimedia Limited in writing of any alterations thereto from time to time;
the Customer must obtain the consent of individuals whose personal data are to be held on a domain name register or are otherwise provided to AFD Multimedia Limited;
keep the Customer's user ID secure so that such ID is only used by the Customer or those authorised by the Customer;
The Customer is responsible for checking the accuracy of work that has been carried out under the agreement and reporting any mistakes/alterations needed in writing to AFD Multimedia Limited.
The Customer shall provide AFD Multimedia Limited with full particulars of any requested modifications in writing and such further information as AFD Multimedia Limited may reasonably require.
The Customer agrees to authorise additional work as required in writing to AFD Multimedia Limited if requested to do so by AFD Multimedia Limited.
The Customer must request and pay for renewal of any services that need to be renewed to continue working (i.e. domain names, hosting etc) before they are due to expire.
By replying to a service renewal request from AFD Multimedia Limited
By verbal communication, written confirmation, purchase order or payment of invoice.
If no response or renewal request is received services may be suspended, cancelled or deleted without further notice.

LIMITATION OF LIABILITY

Nothing under these terms limits AFD Multimedia Limited liability for any fraudulent statement or for personal injury or death caused by AFD Multimedia Limited negligence. However, the customer acknowledges and takes notice that the services are not appropriate for use in circumstances where personal injury or death could arise from reliance on the services whether or not AFD Multimedia Limited is negligent and that it should satisfy itself as to the veracity of any statements made by AFD Multimedia Limited or on AFD Multimedia Limited behalf.

The entire liability of AFD Multimedia Limited, and the customer’s sole and exclusive remedy, arising in respect of any tort, breach of duty (statutory or otherwise) or breach of this agreement by AFD Multimedia Limited (and whether or not by AFD Multimedia Limited negligence) is limited to the fee paid for the service or services in respect of which the alleged tort or breach has arisen in the period of 12 months preceding the event giving rise to the liability.

In no event will AFD Multimedia Limited be liable to the customer for any indirect or consequential loss or damage whatever (without limitation for example loss of business, loss of opportunity, loss of profits). Even if AFD Multimedia Limited has been advised of the possibility of such loss or damage such advice shall not constitute the loss or damage if it arises as direct loss or damage.
.Any liability of AFD Multimedia Limited whatever arising under these terms or otherwise in respect of the service or any product shall be deemed to end 12 months after the date on which the customer ought reasonably to have known of the event giving rise to the liability. For the avoidance of doubt, the customer acknowledges and agrees that no claims or actions by the customer can be validly made after the expiry of 12 months following such date.

INDEMNITY
The Customer hereby agrees fully to indemnify, keep indemnified and hold harmless AFD Multimedia Limited, its officers, employees, agents, subcontractors and Reseller individuals and companies from and against any and all costs, claims, losses, damages or liability (whether civil or criminal) and expenses (including, but not limited to, legal fees) sustained or incurred by AFD Multimedia Limited or its any of its officers, employees, agents, subcontractors or Reseller individuals and companies directly or indirectly and in any jurisdiction as a result of:

the provision by AFD Multimedia Limited to the Customer of any Service here under; or

• any breach by the Customer of any of its warranties contained in this Agreement; or
• any content material or required mode of operation supplied or specified by the Customer for any Service; or
• any breach by the Customer of any of its obligations in this Agreement.

REFUNDS

All refunds must be requested in writing. The refunded service will be terminated when your written request is received. Refunds can only be given if the cost of the item being refunded has been received and the funds have been cleared by the bank.

Due to the nature of these products and services the following items are non refundable:

All set up fees, deposits, domain name registrations fees, hosting & bandwidth, labour costs including 'Credits', any fees associated with Pay Per Click and search engine promotion services, third party costs, any charges associated with ecommerce web site integration, consultation, technical assistance, custom scripting & programming, design and artwork services, litho and digital printing. We reserve the right to deduct any/all commissions, work in progress and any other costs you may have incurred that are not listed here.

The following items are refundable with the percentage of refund affected by the time the service has been active:
Cancellation of any 12 month service (excluding any services that are non refundable eg domain registrations):

• Within 24 hours of placing order - 90% of cost
• Up to 6 months - 40% of cost
• 7 to 12 months - 0% of cost

AFD.NET Hosting & Internet Services:

• Cancellation of any AFD.NET hosting service within 28 days of registration:
• Within 28 days of placing order - 100% of cost
• 29 days up to 12 months - 0% of cost

TERMINATION

AFD Multimedia Limited may terminate this Agreement by notice in writing to the Customer having immediate effect if:

1. the Customer is in breach of any of its obligations under this Agreement;
the Customer is a company and a resolution is passed for its winding up or a petition for its liquidation is presented; or
the Customer is an individual and a petition for bankruptcy is presented against it; or
a receiver or liquidator (where the Customer is a company) or (where the Customer is an individual) a trustee in bankruptcy is appointed over it or any of its assets; or

The Customer proposes or enters into any arrangement or composition with or for its creditors (including any voluntary arrangement).
In the event that any of the circumstances identified in clause 1 arises, Web Focus Limited shall have the option to terminate this Agreement as regards all Services provided or to be provided or only as regards that Service or those Services in respect of which the breach is considered by AFD Multimedia Limited to have been committed; and
In the event that any of the circumstances identified in clause 1 arises, AFD Multimedia Limited shall be entitled to retain any sums paid to it by the Customer here under and recover any sums due to it pursuant hereto whether invoiced or not at the date of termination.
Either party may terminate this contract at any time by giving 14 days written notice (Use the address or contact e-mail above). See 'Refunds' for any monies due Customer on termination.

The agreement shall be considered terminated if the Customer fails to acknowledge communication (in any form) from AFD Multimedia Limited and/or effectively refuses to pay for services that have been requested and authorised in writing. A termination of the agreement in these circumstances shall require the Client to pay all outstanding charges up and until the point of agreement termination, including any interest due.

TERMINATION
AFD Multimedia Limited shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party.
Without prejudice to paragraph 7 above, the customer shall indemnify and hold AFD Multimedia Limited harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.

WEB/INTERNET RELATED SERVICES

SECTION 1 - WEB SITE HOSTING

Definitions

"Inappropriate Material" refers to material that under the laws of any jurisdiction where the material can be accessed is or may be any of the following: - unlawful, threatening, abusive, harmful, malicious, obscene, pornographic, malicious, profane, libellous, racist, defamatory, infringes any Intellectual Property Rights, constitutes or encourages a criminal offence or contains a virus, worm, Trojan horse or other harmful code.

"Material" refers to text, graphics, images, sound, video or any combination thereof " AFD Multimedia Limited Servers" the computer server equipment operated by AFD Multimedia Limited in connection with the provision of the Services.

The Customer will provide and post to AFD Multimedia Limited server hosting the Customer's Web site only Material which is "server-ready" and which requires no additional manipulation on the part of AFD Multimedia Limited. AFD Multimedia Limited shall be under no obligation to validate such Material as not containing Inappropriate Material or for content, correctness, legality or usability.

The Customer recognises that using AFD Multimedia Limited's Web site hosting Services requires a certain level of knowledge on the Customer's or its web development agency's part, without limitation for example knowledge of hyper text mark up language or file transfer protocol and other protocols, languages and software, and that it is the Customer's or its web development agency's responsibility to upload the content of the Customer's Web site and to check such content functions satisfactorily.

• The Customer warrants that it has the necessary knowledge referred to above and acknowledges that whilst AFD Multimedia Limited may endeavour to assist the Customer on a "goodwill" basis, it is not the responsibility of AFD Multimedia Limited to provide such knowledge or to provide the Customer with support and assistance in relation to its Web site hosted by AFD Multimedia Limited Server unless otherwise agreed in writing with AFD Multimedia Limited.
  
• The Customer acknowledges and accepts that it bears sole responsibility, legal and otherwise, for the content of all Material appearing on its Web site hosted by AFD Multimedia Limited Servers. For the avoidance of doubt, this clause shall apply to all Material, whether posted on to the AFD Multimedia Limited server by or on behalf of the Customer, whether by AFD Multimedia Limited or a third party.
  
• The Customer warrants, represents and undertakes in relation to all Material (including any Material which it requests AFD Multimedia Limited or any third party to post on its Web site hosted by AFD Multimedia Limited Server) that:
  
• it is not Inappropriate Material;
  
• the Customer either has sole ownership of all Intellectual Property Rights in such Material in each jurisdiction from which the Web site may be accessed and/or has obtained full and effective licence(s) from all relevant third parties allowing the Customer or a third party acting on behalf of the Customer to use the Material and to permit its dissemination world wide;
  
• The Customer undertakes not to link to any Inappropriate Material from its Web site.
• AFD Multimedia Limited shall retain the right at all times to refuse to host any Material and to suspend availability of the Web site and/or to remove any Material already appearing on the Web site which in the opinion of AFD Multimedia Limited:
• constitutes or would if posted constitute Inappropriate Material;
• breaches or would if posted breach Relevant Legislation or any other applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory); and/or
• Harms or would if posted harm the reputation of AFD Multimedia Limited in any way.
• Hosting of Material by AFD Multimedia Limited on the Customer's Web site shall not under any circumstances constitute a waiver of any of its rights in relation to such Material or of its rights in relation to any breach of the Customer's obligations under this Agreement.
• The Customer undertakes:
• to fully virus-check all data supplied to AFD Multimedia Limited pursuant to this Agreement;
• not to embark on any course of action, whether by use of its Web site or any other means, which may cause a disproportionate level of Web site activity without providing at least seven day's prior notice in writing to AFD Multimedia Limited;
• to keep secure from third parties any passwords issued to the Customer by AFD Multimedia Limited in connection herewith;
• To observe the limitations on data storage and transfers notified to them by AFD Multimedia Limited and agree, if such limits are exceeded, to pay the appropriate excess charge at AFD Multimedia Limited then current rates.
• to locally back up data stored on your web site, as data stored on our servers is not guaranteed to be backed up
  

SECTION 2 - E-MAIL SERVICES (including e-mail forwarding)
The Customer undertakes that it will not (and will ensure that others under its control will not) via e-mail:

• transmit Inappropriate Material;
• infringe the Intellectual Property Rights of any third party;
• Contravene Netiquette; Netiquette is generally accepted standards of conduct relating to use of the Internet including, without limitation, not sending unsolicited mass e-mail, not impersonating another person, and not misrepresenting oneself to have authorisation from another person when one does not.
• make use of AFD Multimedia Limited Server to an extent or in a manner which in AFD Multimedia Limited reasonable opinion is excessive, wasteful or otherwise to the detriment of AFD Multimedia Limited, any of AFD Multimedia Limited customers or any other third party, including but not limited to: -
  the transmission of bulk or Junk e-mail ("spamming"); or
  "Flaming".
  
  When sending e-mail, the Customer acknowledges that it is responsible for complying with any Relevant Legislation. The Customer acknowledges and agrees that AFD Multimedia Limited is not responsible for the security of the contents of e-mail sent or received by the Customer. AFD Multimedia Limited will use its reasonable endeavours to ensure that messages are routed accurately and promptly but do not accept any liability for non-receipt, non-delivery or misrouting of e-mail or any other failure of the e-mail system. AFD Multimedia Limited policy is to respect the privacy of e-mail messages sent, received forwarded or otherwise dealt with by it and the Customer acknowledges that AFD Multimedia Limited will therefore not monitor, edit or disclose the contents of such messages unless required to do so by law or competent authority or to protect AFD Multimedia Limited rights and/or position.

SECTION 3 - DOMAIN NAME REGISTRATION

AFD Multimedia Limited uses third party companies or individuals to register domain names on AFD Multimedia Limited customer's behalf. Registrant domain name details are taken from AFD Multimedia Limited order forms so it is the responsibility of the customer when supplying their details to make sure the details are accurate for registration purposes. AFD Multimedia Limited cannot guarantee domain name registration and it is the customer's responsibility to check that the domain name required is still available prior to ordering AFD Multimedia Limited services.

You may register a domain name on behalf of somebody else (as a Reseller) and you may charge them what you like for your services. AFD Multimedia Limited registers names on a first come first served basis, but will not tolerate Cybersquatting of a domain name. If you wish to register generic names as a possible investment to sell later, that is allowed, but not registering names known to be of value to a third party to try and resell to them at an inflated price.
If you register a domain name on behalf of somebody else (a customer for example) and you are registered on the database as a billing contact, we will first seek payment from you, but if you do not pay the fees for whatever reason we will have the right to recover the fees directly from the client.

Registration & renewal is usually every 2 years. Thereafter, the registration may be renewed for further periods. Provided the renewal fees are paid, the domain name will always be allocated to the original person or company that registered it.
.You may surrender the registration of the domain name by notice in writing to AFD Multimedia Limited. You must also contact the appropriate registry.

AFD Multimedia Limited may at its sole option, cancel the registration or suspend registration of a domain name if any of the items in these terms and conditions are not complied with.

Customers may be contacted directly by domain registries with regards to matters that relate to the domain/s that have been registered. AFD Multimedia Limited does not have any control over the information sent.

Before registering a domain you are advised to read the terms and conditions of the registry your domain will be registered with.
http://www.nic.uk/registrants/legal/terms/
If you are registering a domain name ending in .uk please read Nominet UK conditions
http://www.nic.uk/registrants/legal/terms/ .