Web Site and Domain Lease Agreement
This Website and Domain Name Lease is made effective immediately upon purchase
between, (Lessor) – Wheels4WebSites.com – Stephen Wilk
address – 28a Hulton District Centre Manchester M28 0AX
Email – stephen@wheels4web sites.co.uk
and
(Lessee) …… Details to be inserted
Details to be inserted
XXXXXXX
Email – Details to be inserted
The following states the Lease between the parties as follows:
WEBSITE and DOMAIN NAME SUBJECT TO LEASE.
Details to be inserted
Lessor shall lease the Website and domain name as listed herein:
1 LEASE TERM.
1.1 The term on this lease shall run per month renewable automatically at the end of each month and starting from the first day the website is available for use online.
2 PAYMENT TERMS.
2.1 The Lessee shall make one payment of £495 herewith. This includes initial site set up and first 2 months hosting and maintenance rental fees of £24 per month. Subsequent installments to be in the amount of £24 per month payment via direct payment to Pay Pal under the order payment already set up by the lessee as part of the order process.
2.2 Hosting and maintenance rental fees can be increased by the Lessor giving 30 days notice of any price increase under the terms of this the Lessee.
2.1 In the event any payment due hereunder is not received on or before the due date, Lessee shall pay to Lessor, in addition to such payment or other charges due hereunder, a “late fee” in the amount of £25.
2.3 Unpaid cheques. The Lessee shall be liable for and charged 15% of the amount due for each cheque that is returned to Lessor as unpaid for any reason.
2.4 If the Lessor does not receive payment within the agreed payment period, the Lessor may terminate this lease agreement and any associated services without further obligation to you as Lessee. The Lessor reserves the right to remove all web content from the Internet after one non-payment. All Lessee files will be deleted from our system and web site hosting.
2.6 If a payment delay is anticipated, the lessee should contact the Lessor.
3 APPROPRIATE USE OF DOMAIN NAME
3.1 The web site and domain name may only be used for and on an appropriate website that fit the name. Their use must comply with all laws, ordinances, and regulations relating to the possession or use of domain names. These domains may not be used for adult content, the sale of firearms, the mailing of spam or any other questionable uses.
3.2 The predetermined use of the domain name are as follows: Psychic and related services and solely in connection with the promotion and marketing of Griffin Chat platform
4 DELIVERY OF WEBSITE and DOMAIN NAME.
4.1 The Lessor shall be responsible to deliver the website and domain name specified within this lease by means of adding the Lessee’s link to the licensed website provided under Griffin Chat platform. No links to other websites are permitted.
The web site will on completion include a reasonable amount of information specific to the business objective of promoting Griffin Chat. The website will act as a lead generation tool for directing potential clients into the Griffin Chat platform.
Completion of these changes to the publicly visible content on the website shall constitute delivery hereunder. The Lessor will normally deliver the website within 7 days. In very busy times this may vary and if additional time is required in order to complete the web site the Lessor will be given an estimated date for delivery.
Lessor and Lessee agree the consideration Lessee agrees to pay under this lease is not based upon the positioning and visibility of the website in search results. The Lessor reserves the right, in its sole discretion, to limit the changes to existing content. As neither party can directly control any search engine rankings or positioning’s for the web site, the Lessee hereby releases Lessor from any liability or responsibility arising from any change in search ranking.
5 ALTERATIONS.
5.1 The Lessee shall make no alterations to the use of the website and domain name(s) from the original agreed upon use without prior written consent of Lessor.
5.2 The Lessee may request design changes to pages that have already been built. This Lease does not include a provision for “significant page modification” or creation of additional pages in excess of our default specification. If significant page modification is requested and the content agreed by the Lessor, an additional charge will apply at a rate notified by the Lessor to the Lessee before the upgrade work is commenced.
6 MAINTENANCE OF WEBSITE
6.1 Lessor shall maintain at the Lessors cost, the website herein specified and content as it exists on delivery. The Lessor will always aim for the website to maintain a minimum of 97% of uptime.
6.2 The Lessor will not be liable for hosting errors caused by the hosting company or downtime experienced by the hosting company.
6.3 Where a third party hosting company is used the company may schedule regular maintenance of the server or servers and this may affect the hosting and availability of the website. Such maintenance is necessary for the smooth running of the website. Where possible such maintenance will be carried out when the website is not busy. The Lessor will endeavor to provide a reliable and professional service to the Lessee at all times.
6.4 The Lessor cannot be held responsible for anything adversely affecting the Lessee’s business operation, sales, or profitability that they might claim is a result of a service offered by the Lessor.
6.5 If the Lessee expects high levels of traffic to their website, then planning for server capacity may be required and increased bandwidth fees may be payable by the Lessee
6.6 The Lessor will do their upmost to maintain the service during periods of high traffic, although we cannot predict the expected level of traffic for the Lessee. The Lessor cannot be held responsible for any loss or damage to the Lessee’s business claimed as a result of server failure and/or downtime. The Lessee understands that any loss or damage to their business is specifically not covered and excluded under the terms of this Lease.
6.7 The Lessee will not have access to the leased website editing or hosting structure. New web site pages can only be added with the consent of the Lessor. Additional pages are charged on a per page, per hour basis.
6.8 The Lessor is not liable for loss, damage or corruption to files data or information stored on our servers or individual PC’s relating to a Lessee’s web site. The Lessor does not provide email with the website. The Lessor is not responsible for the setting up of a Lessee’s email or for loss, damage or corruption to files data or information stored on our servers or individual PC’s relating to a Lessee’s web site. The Lessee is solely responsible for any information data or files relating to their website and email.
6.9 All website files are backed up weekly. The Lessor is not held responsible for the loss, damage or corruption to files or information saved and stored on our servers.
6.10 Blog. The Lessee can have a separate blog set up and connected to the website. The Lessee can enquire with the Lessor regarding set up and fees payable to set the blog up. Blogs will be editable by the Lessee. Blogs can only be used if connected to the website for the purpose of promoting the Griffin Chat platform directly or indirectly
6.11 The Lessors intellectual property cannot be used on another machine or sold by the Lessee. This refers to work files, programming and system coding, including content management system files and any Ecommerce system files.
6.12 The Lessor will retain full ownership of and all rights to any domain name registered, irrespective of whether the domain name is the Lessee’s company name or variation thereof, the name of a Lessee product, or any other name in which the Lessee holds prior intellectual property rights.
6.13 Upon termination of this Lease (or at any other time) and at the sole discretion of the Lessor, the Lessor may offer to sell the domain or any variations thereof. Solely the Lessor shall determine the sale price of any such domain name. The Lessor is under no obligation to sell the domain name to the Lessee
7 WEB SITE SPECIFICATION
7.1 The Lessor and the Lessee have agreed a Web site default template specification and agreed use of images and names. Website maintenance is included in the monthly hosting rental fee.
8 DELIVERY OF CONTENT AND MATERIALS
8.1 The Lessee undertakes to deliver all the content and materials required for the website and in the formats requested to the Lessor before commencement of the website
8.2 Where this is not possible the Lessee will deliver such outstanding content and materials to the Lessor within 7 days of the start of the website. This is at the Lessors discretion depending on what is outstanding from the Lessee.
8.3 The Lessor shall expect the Lessee to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally within appropriate law. It is important that the website is not in any way illegal.
8.4 Where images used on the website have been purchased by the Lessor on behalf of the Lessee, these images are strictly for use on the website only. The Lessor is not liable for misuse of these images by the Lessee or any other person/s copying, altering or distributing the images to individuals or other organisations.
8.5 All images displayed on the Lessee’s web site will only be used after authorisation by the Lessee and are the sole responsibility of the Lessee regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Lessee or the Lessor, they will be the sole responsibility of the Lessee.
8.6 The Lessor will not be responsible for any delays or additional expenses incurred due to the late delivery or non-delivery of content and materials by the lessee where required by the Lessor for the website.
8.7 The Lessor and its subcontractors retain the right to display graphics and other website design elements as examples of their work
9 RETURN OF WEBSITE and DOMAIN NAME(S).
9.1 At the end of the lease term, Lessor will have the right, but not the obligation, to amend the content to its original form, including the removal of all information specific to the Lessee’s business.
9.2 On termination of this Lease the Lessee will only have rights to domains which the Lessee purchased outside this agreement and to any images the Lessee supplied to the Lessor. The website (including both the design and underlying code) and any variations thereof shall remain the sole property of the Lessor. On termination the Lessor has the rights to rent the web site to a new Lessee.
10 DOMAIN REGISTRATION AND OWNERSHIP.
10.1 Domain registration shall at all times remain in the name of Lessor, his heirs, successors and assigns, and shall remain the responsibility of Lessor for the duration of this lease. Lessor shall keep registration up to date, notwithstanding Lessor shall not be responsible for errors or actions made by the registrar. Nothing herein shall be construed to effect a transfer of ownership, change of registrar, nor Technical or Administrative designees with Registrar.
11 OWNERSHIP OF THE WEBSITE AND CONTENT.
11.1 The web site, content, and domain name will be deemed to be personal property of the Lessor, regardless of the manner in which it may be attached to any other property or web site. The Lessee shall immediately advise the Lessor regarding any notice of any claim, levy, lien, or legal process issued against the website, content, or domain name.
11.2 Ownership of any logos, designs or graphics provided directly by the Lessee to the Lessor for incorporation into the web site shall remain the property of the Lessee
11.3 The Lessee agrees that the content of the website as it pertains to the Lessees business is accurate and legal and complies with all legal rules and regulations relevant to the Lessees business. The Lessee will immediately inform the Lessor of any changes required to the content or information displayed on the website that is required to comply with all relevant legal rules and regulations as they apply to the Lessees business and reflected in the website content.
12 WARRANTY.
12.1 The Lessor warrants that the website and domain name(s) listed within this lease are in good standing, registered in Lessor’s name and free of any claims or disputes, but makes no further warranties, express or implied.
13 LIABILITY AND INDEMNITY.
13.1 The Lessee hereby agrees to indemnify and keep indemnified the Lessor in respect of all or any legal proceedings arising out of the Lessees use of the website as it relates to the Lessees business, during the term of this lease. The Lessee shall indemnify and hold Lessor harmless from and against all such liability.
14 NOTICE
14.1 Any notice given by either of the parties under this Lease shall be served on the other party and addressed to that party’s signatory by email, personal delivery, pre-paid recorded delivery or first-class post to the receiving party as set out in this clause 14:
The Lessor: Wheels4WebSites –
Name: Stephen Wilk
Position: Owner
Email: Stephen@wheels4web sites.co.uk
Tel: 44 (0)161 7906065
Address: 28 a Hulton District Centre
Manchester
M28 0AX
England
The Lessee: Details to be inserted
Name: Details to be inserted
Position: Details to be inserted
Email: Details to be inserted
Tel: Details to be inserted
Address: Details to be inserted
or such subsequent addresses as may be notified by the parties to each other.
14.2 Any such notice shall be deemed to be effectively served as follows:
14.2.1 In the case of service by pre-paid recorded delivery or first-class post 48 hours after posting.
14.2.2 In the case of service by email, on the next working day.
15 PAYMENT
15.1 The Lessee hereby confirms that the direct recurring monthly payment has been set up. The Lessee confirms that in event of failing to transmit such payments, an alternative method of payment agreed with the Lessor will be set up.
16 INTELLECTUAL PROPERTY RIGHTS
16.1 The Lessee undertakes to secure all copyright and any other appropriate licences, clearance or consents where required for the content and materials to be incorporated into the website by the Lessor.
16.2 The Lessee grants to the Lessor for the term of this Lease a non-exclusive, revocable, royalty-free licence to use its name, logos, trademarks or devices and Intellectual Property for the purposes of creating the website.
16.3 The Lessor retains all rights to the design and underlying code used to create the website. Such rights will be retained after the termination of this Lease.
16.4 The Lessee shall not copy or copy and subsequently alter the coding of the website or any other coding carried out as part of the website with a view to creating a separate website without the prior written consent of the Lessor.
16.5 Neither party shall make any claim to the other party’s content, materials or services during or after the expiry of this Lease.
16.6 Neither party shall make any claim to the other party’s trademarks or register or cause to be registered or apply for a materially similar trademark or imitation of a trademark during or after the expiry of this Lease.
16.7 Neither party shall register or cause to be registered any company name materially similar to that of the other party.
17 LAWFUL
17.1 The Lessee acknowledges that it is for the Lessee to ensure that the resulting website does not infringe the laws of any jurisdiction within which it is actively promoted
18 LIABILITY FOR LESSEES BUSINESS
18.1 The Lessor cannot be held responsible for anything adversely affecting the Lessee’s business operation, sales, or profitability that they might claim is a result of a service offered by the Lessor.
- TERMINATION
19.1 Either party may terminate this Lease immediately in the event that:
19.1.1 Either party commits a serious, grave or material breach or persistent breaches of this Lease including non-performance, default or neglect of its duties, responsibilities and obligations under this Lease, and
19.1.2 Such breach remains un-remedied for a period of 30 days from written notice given by the other party specifying the breach and requiring its remedy.
19.2 On the termination of this Lease the Lessor will retain all intellectual property rights to the website, including (but not limited to) the website design, underlying coding and any domain names.
19.3 Any termination of this Lease shall be without prejudice to any rights accrued in favour of either party in respect of any breach committed prior to the date of (or giving rise to) such termination and to those provisions of this Lease which are by their construction intended to survive such termination.
19.4 The Lessee may also terminate this lease upon providing 30 days notice of intention to terminate this lease agreement to the Lessor
- ASSIGNMENT
20.1 The Lessee may not assign or otherwise transfer this Lease or any rights, duties and obligations hereunder without the prior consent in writing of the Lessor
- FORCE MAJEURE
21.1 Neither party shall be liable for delay or failure to perform any obligation under this Lease if the delay or failure is caused by any circumstances beyond its reasonable control, including but not limited to acts of God, war, civil disorder or industrial dispute. If such delay or failure continues for a period of at least 30 days, the party not subject to the force majeure shall be entitled to terminate this Lease by notice in writing to the other.
- JOINT VENTURE OR PARTNERSHIP
22.1 Nothing in this Lease shall be construed as creating a partnership, joint venture or an agency relationship between the parties and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party.
- NON-SOLICITATION
23.1 The Lessee undertakes during the period of this Lease (and subsequent renewals of this Lease) and for a period of six months after its termination not to directly or indirectly solicit or induce any of the Lessor’s employees to leave the employment of the Lessor whether to work on a freelance or consultancy basis or to be directly employed by the Lessee.
- GENERAL
24.1 Failure by either party to enforce any accrued rights under this Lease is not to be taken as or deemed to be a waiver of those rights unless the waiving party acknowledges the waiver in writing.
24.2 It is hereby declared that the foregoing paragraphs, sub-paragraphs and clauses of this Lease shall be read and construed independently of each other. Should any part of this Lease or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
- JURISDICTION
23.1 This Lease shall be interpreted construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
ENTIRE LEASE AND MODIFICATION. This Lease constitutes the entire agreement between the parties. No modification or amendment of this Lease shall be effective unless in writing and signed by both parties. This Lease replaces any and all prior agreements between the parties.
This Lease agreement (the “Lease”) explains the terms and conditions governing your use of the services, technology, and other content made available to you by Lessor or its partners.
You represent and warrant that you are over the age of 18 years
26 AGREEMENT
This website lease agreement is agreed by you ticking “I accept the terms and conditions and End User License Agreement” during the licensing and other purchase process, of which this agreement is a part of that process. By agreeing to that statement, you agree to be bound to the terms and conditions contained within this lease agreement and to use the web site only as permitted by the express terms of this lease agreement. Any incomplete details in this document will be completed as soon as possible and the agreement subsequently updated to reflect these additional details