Breach of terms and conditions:
Breaching any of these terms and conditions may result in the termination of your solution without notification.

Introduction
For the purposes of this agreement, 'GoCommerced Ecommerce Solution refers to all the services offered by GoCommerced.co.uk and GoCommerced.com and may be referred to as Go Commerced, GoCommerced, Go Commerced Ecommerce Solution, and / or referred to generally as Our service(s)/ us. You, the Customer is referred to as the Customer, or you/your.

By entering into an agreement for any service or product offered, you are agreeing to all terms and condition herein without reservation. The Customer as an authorised user of the GoCommerced Ecommerce Solution and their services, and by using the GoCommerced Ecommerce Solution services, the Customer accepts, and agrees to be bound by this Agreement. The terms and conditions are referred to as such, or as the Agreement.

All references on this page refer to our (GoCommerced.com) terms and conditions of service and all information on this page must be read and understood in full. It is your (the Customers) responsibility to review this information regularly.

It is the responsibility of the Customer if they provide access to an employee or other person associated to their company to ensure that they are made aware of these terms and conditions. The Customer is responsible for all actions by any employee or third party that they allow to access their site. The Customer is not allowed to provide access to any other company without our consent in writing for any reason whatsoever.

The Customer acknowledge that no joint venture, partnership, employment, or agency relationship exists between the Customer and GoCommerced Ecommerce Solution as a result of their use of GoCommerced Ecommerce Solution. The Customer agrees not to hold themselves out as a representative, agent or employee of Go Commerced Ecommerce Solution. The Customer agrees that Go Commerced Ecommerce Solution will not be liable by reason of any representation, act or omission to act by the Customer.

Agreement Takes Effect:
This Agreement takes effect on the date on which the Customer first uses, pays for, or tests services provided by Go Commerced Ecommerce Solution, whichever is the earliest. 

Data Protection Act 1998 / 1988:
It is the sole responsibility of the site owner to ensure the security of their customer details. Make sure you have an understanding of the Data Protection Act 1998. Make sure you and your staff are aware of the Data Protection Act 1988. The Act governs the collection and storage of personal information and possible systems abuse. Businesses need to hold a range of information on customers, staff and the business itself. It is essential to ensure that this information is protected and as secure as possible. Any business holding information must also be sure that they are meeting the terms laid out in the Data Protection Act 1998. There are eight principles of data protection and anyone processing personal data must comply with them. There is more information at the base of this page relating to the various Data Protection Acts and your responsibility to your customers and the law. It is important that you read this, address the issues that relate to your company, and ensure you are working and running your company inline with the requirements of this and any other laws applicable.

Changes to T&C’s
We maintain the right, and inform you that, periodically it may be necessary to update the terms and conditions and the Customer agrees to be bound by the new terms and conditions by their use of the system after the implementation date for them. 

We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of our computer system(s) and services. Should the Customer find any new terms and conditions unacceptable, then the Customer will be granted a refund of any unexpired part of any payment made for services not delivered. The customer must make payment of any used periods of service and charges incurred during this period when not yet charged. 

The Customer will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of their subscription due to any of the content of our terms & conditions.

The Customer is responsible for reviewing information regularly posted online in the terms and conditions pages.

Information Provided by the Customer
The Customer warrants that the name, address and payment information that the Customer provides when the Customer first uses any Go Commerced Ecommerce Solution service is correct, and the Customer agrees to notify Go Commerced Ecommerce Solution of any changes in name, address and/or payment details.
The Customer warrants that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use Go Commerced Ecommerce Solution's services in accordance with this Agreement.

The Customer agrees to be responsible for the use of Go Commerced Ecommerce Solution and to comply with their responsibilities and obligations as stated in this Agreement.

Content of Your Site:
The Customer agrees that Go Commerced Ecommerce Solution may disclose the Customer's name and address where there is any complaint about the content of the Customer's pages or in relation to goods or services advertised there.

You (the Customer) are entirely responsible for the entire content of your web site, any associated documents, files or links. The Customer is liable for the consequences of it in its entirety.

Using the Solution - Limitation of Use
Go Commerced Ecommerce Solution is not responsible for monitoring the contents of the Customer's pages. This is the responsibility of the owner of the web site. Files that the Customer uploads to their web pages are subject to withdrawal without notice by Go Commerced Ecommerce Solution upon complaint about their content where Go Commerced Ecommerce Solution at their sole discretion deem this necessary.

The Customer warrants the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which they place on their web pages.

The Customer warrants that they are authorised to promote any information which they do so on their web pages, associated documents or links etc. (for example if the Customer is providing financial information, that they hold any necessary authorisation under the Financial Services Acts etc). They must include legal policies regarding sale and return, refunds and other such information. Ensuring that their services are within law and your legal obligations.

The Customer is entirely responsible for the content of their web pages.

The Customer may not, under any circumstances, use Go Commerced Ecommerce Solution in any way considered negative towards any person, company, legal Act, or to break any Law . This includes (but is by no means restricted to): You may not do/use any of the following:

Promote pornography – direct sales of pornographic services. This includes Ads to such services.

Publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;

Threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others;

• Engage in illegal or unlawful activities;
• Make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the Customer owns or controls the rights thereto or have received all necessary consents;
• Make available / upload files that contain a computer virus or corrupted data;
• Include any racial, prejudicial or fascist content.
• Falsify the source or origin of software or other material contained in a file that the Customer makes available on their web pages;
• Act, or fail to act, in the Customer's use of the web pages, in a manner that is contrary to applicable law or regulation. The Customer is entirely responsible for any civil or criminal liability which is incurred as a result of their use of the web pages.
• Expletives and derogatory language must not be used.
• Include images or content that are not your sole right or with consent right to include.
• Break copyright laws.

If the Customer posts a defamatory/libelous message, using the User Reviews option or any other way, it is the Customer that publishes it and the Customer who will be liable for the consequences of it. 

The Go Commerced Ecommerce Solution may only be used for lawful purposes by the Customer.

Control
The Customer acknowledges that Go Commerced Ecommerce Solution is unable to exercise control over the content of the information passing over the Go Commerced Ecommerce Solution connection, and Go Commerced Ecommerce Solution shall not be liable for any posting, transmission or reception of information which infringes any UK law or regulation or which infringes any third party rights. Such posting, transmission or reception is strictly prohibited.

Court Action & Hold Harmless
If, for any reason there is any court action regarding your website where GoCommerced are asked to assist in your case the Customer is responsible for all legal costs and expenses to GoCommerced plus any additional costs deemed by us regarding additional services or time provided for this action.

Subscribers will indemnify and hold GoCommerced Ecommerce Solutions harmless (this includes but is not limited to employees, agents, officers and shareholders) of any and all claims, costs, expenses or liability resulting from any damage to Subscriber’s business, service, equipment, network, operations, or reputation resulting from GoCommerced’s actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.

If, for any reason there is any court action regarding your website where GoCommerced are cited or charged because of an action or content relating to, or brought about because of content, misuse or neglect of terms and conditions of your website the Customer is responsible for all legal costs and expenses to GoCommerced plus any additional costs deemed by us regarding additional services or time provided for this action. The Customer becomes responsible for all costs to us in both costs incurred and charges by any court of law.

The Customer will also be liable for Go Commerced Ecommerce Solution's legal costs and expenses incurred in defending any defamation or libel action caused by the Customer's page content and the Customer agrees to indemnify Go Commerced Ecommerce Solution for any damages which are awarded against Go Commerced Ecommerce Solution by a court of law or which Go Commerced Ecommerce Solution pays as a result of settling such an action upon Counsel's advice. This includes any action brought against GoCommerced because of your actions, content or website information in any way whatsoever.
Your GoCommerced Solution Account Information
The Customer agrees to secure their Go Commerced Ecommerce Solution identification, password and other confidential information relating to their account.

Passwords & Site Security

The Customer is personally responsible for the use of their account and the secrecy of their password. GoCommerced state clearly that all passwords must be changed by the owner of the account for both themselves and all users no more than every 12 weeks. Passwords should be set including a combination of upper and lower case letter and numerics at the very minimum. Passwords must not be set as known words, names or phrases.

If the Customer is a corporate user then the company is also responsible, together with the individual administering the account. In addition, the Customer is deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using the correct account ID and password. The Customer must inform Go Commerced Ecommerce Solution immediately if someone steals their password or if they suspect or find someone else is using their ID. Usernames and passwords must be reset immediately by the Administrator of the Account. The Customer agrees to co-operate with Go Commerced Ecommerce Solution and the police concerning any legal action taken arising from the misuse of the Customer's account by anyone else. The Customer takes responsibility for anyone that they provide a username and password to and all actions taken by them, including fraud or misuse. Customers are reminded that this is an online solution and although GoCommerced use secure password and username methods, there are highly malicious activities that can take place on the internet, via email and staff can unknowingly download malicious software that may try to damage your system and steal passwords that are kept on your computer files. For this reason we advice that only the programmes required by your business are on your working computers. A reputable firewall and anti-virus system is imperative for all computers. Go Commerced Ecommerce Solution cannot guarantee that the system will never be infiltrated by unauthorised users. The Customer's data may not be secure against such infiltration and the Customer assumes that risk. If the Customer finds evidence of infiltration, please inform Go Commerced Ecommerce Solution and steps will be taken both to prevent it and to notify the proper authorities.

Any business providing staff with usernames and passwords should disable such passwords when not required immediately to prevent access via another computer. The most secure solution is for the member of staff to logon only in work and for them not to be given their password, but to be logged on by the Administrator. Passwords must be changed regularly. Where a person tries to login incorrectly 3 times, they are locked out of the system for 5 minutes. This restriction provides a defense against hacking and cannot be changed.

Domain Names & Transfers
For the transfer of a domain name hosted with Go Commerced Ecommerce Solution to another internet service provider an administration charge of £25 will be levied, which must be paid before the transfer is completed. Payment for this is charged separately by invoice / request and must be made immediately. Where GoCommerced register your domain name for you, the charge of the domain name is £15.00 per annum. This includes the pointing and maintenance of the domain name and the responsibility to ensure that the renewal date is notified. We take responsibility of domain name registration only after payment and only where the domain name was registered by us. Domain names that are registered by any other body or transferred to us are not our responsibility. We can take responsibility of this at a charge of £15pa upon request. Confirmation that we take this responsibility will be made to you in writing. If this notification is not received by you, then we are not responsible for the registration or lack of. This is charged to you by invoice one month before registration and must be paid upon request or at least 21 days prior to the re registration date.

Charges & Refunds:
Rental / Services: Your account is always charged on 1st of every month and must be paid immediately. In the first or second month a pro-rata invoice may be sent to balance the dates of payment so that a full months service can be charged thereafter. Service is charged in advance on the 1st of each month for that coming month. Payment is made via the current facilities offered by Gocommerced as set out on our payments page. Initial payment always includes one full months service plus the one-time setup fee. Invoices will be received by the last working day of the previous month.

Refunds of the unused service can be claimed by email. Refunds of any other amount will only be considered where GoCommerced was unable, due to faults delivering a non-performance of service on the part of GoCommerced to be able to provide the solution. Refund requests will be refused if requested for any cause that is out of GoCommerced System’s side. Should you wish to cancel your account with GoCommerced you must write to us via post and email as soon as you wish to cancel with the cancellation date clearly defined. No notice is required but you must await confirmation that your cancellation request has been received and actioned. Cancellation days are Monday to Friday only and cancellations made between 3pm Friday and 10am Monday are not granted. In this case the cancellation will take place from the day we provide in our confirmation. This is usually the following working day. The setup fee is not refunded for any reason whatsoever.

Any charges for any services outstanding at the date of cancellation by you or us remains chargeable and must be paid immediately. Cancellation cannot take place whilst invoices are unpaid. In this case service continues until payments are up to date. This may extend your cancellation date beyond the date requested. For this reason GoCommerced do not invoice on an 'On Account' basis and all payments are due when invoiced to avoid this problem.

Extra's
The Extras services are charged for separately as outlined on the website. These charges may change periodically and will be notified via email with a minimum of 21 days notice. Extra services are: Live support, The Emailer, Froogle Uploader, Site map generators and any additional services that are listed under the Extra's section of the Admin Control Panel. The current charges can be seen on our web site Pricing page. Products in the Extra's package all incur additional nominal extra charges and are not included as part of the package automatically. Payment for these services are added to your website and pro-rata amounts are not assigned to these charges. A full months payment is always made regardless of the date you started the service.

Invoices are not sent to customers and we do not charge in arrears. If you want to use the GoCommerced service, then payment is in advance only.

PAYMENT IS DUE AND PAYABLE ON 1st EVERY MONTH - OPTIONS TO PAY QUARTERLY TO AVOID LATE PAYMENTS ARE OPEN TO EVERYONE, AND AS THE PAYMENTS MADE TO GOCOMMERCED ARE RELATIVELY LOW WE SUGGEST THIS AS A MEANS OF AVOIDING LATE PAYMENT CHARGES THAT ARE NOW AUTOMATED AND NOT OPEN TO NEGOTIATION.

WE RESERVE THE RIGHT TO ASK A CUSTOMER THAT DISPUTES PAYMENTS AND OR CHARGES (That are as per these terms & Conditions) TO LEAVE GOCOMMERCED WITH 1 MONTHS NOTICE.

Payment of Your Service & Late/Non-Payment of Your Service

1. Payment terms are strictly immediate payment due as soon as the invoice is received in your Senior Admin Area of the Admin Control Panel on 1st of each month.
2. This is pointing out clearly during the registration of your service, and via your Senior Admin Control Panel.
3. Additional Reminders are not sent via other area's.
4. The Senior Admin Control panel section highlights in another colour when the invoice is due/overdue for payment.
5. Charges are made for each month from 1st - 31st for the commencing month.
6. An invoice will be sent to your Administration Centre Area on the 1st of each month
7. Payments should be made immediately and in ALL cases by 3rd of each month via the payment methods.
8. If payments are not made we reserve the right to cut off your service until payment is received. Additional charges are also levied, see info below.
9. There is now an option to pay quarterly to avoid the need for remembering to make such a nominal business payment. Company's that make a late payment more than once may be asked to start making payments quarterly to avoid the problems of chasing up and incurring possible extra charges.
10. We reserve the right to change your payment period to quarterly at any time.

It is very important that you contact us should there be any valid reason for non-payment or to ask for time to make payment. We are unable to make exceptions if we are not informed of the reasons for non payment. We will not make exceptions for repeated non-payment.

The fact that you are paying in advance for your service is not an argument to not making payment unless you have provided written notice of ending your service with GoCommerced (and you have received an acknowledgement of receipt of this from us) by the time we have disconnected you.

If the invoice is not paid by 5th of the month the following action will be taken on your account:

• 5 Days - By 5th of the month if payment of your service charge is not made your bill is now overdue:
  
  
  • A charge is added to all late payments without exception and this is not open to negotiation. This is £25 in all cases where this is not the first time a late payment is charged, Access to the Admin Control Panel will be restricted until payment received in FULL. GoCommerced may reduce this charge to just £5 if this is the first time a late payment charge is levied at your account.
    
    
• 10 Days - If your payment in full plus any charges are not cleared to us by 00:00 hours on the 10th:
  
  
  • The Admin Control Panel will be restricted and the following additional charges will apply:
  • First time restricted access +£25. This is in addition to any charges incurred by 5th.
  • Not first time of late payment and/or access restricted + £50 charge will be made in all cases.
  • Once the invoice plus the charges are paid, access is immediately reinstated without further costs incurred. Your website (front-end) is unaffected until 15th and orders from customers will continue as normal during this Admin lock-out period.
    
    
• 15 Days: (by 15th)
  
  
  • Your website (front-end) is now turned off and your web site will not be able to be seen online.
    
    
• 31 Days - (from the 1st day of the month following the invoice date):
  
  
  • If the invoice remains unpaid until the 1st of the month following, then a reinstatement fee of £100 in addition to the outstanding invoice applies and must be paid before your website and Admin Area is reinstated. We will send you a reinstatement invoice upon request. This charge increases by £25 every additional 14 days, and is not negotiable.
    
    
• 60 Days - Your contract with GoCommerced is cancelled by us and an additional charge of no less than £250 is incurred. Remember - you CAN cancel your service at any time so there is no need to get to this point.

Opting to cancel your service:
You can cancel your service at any time and and without notice. We MUST acknowledge your request to cancel and until we have then your cancellation is not valid. It is important that you maintain contact with us so that we can arrange for the movement of data if you have chosen to cancel your service. What you cannot do is simply stop making payments and assume this acts as a notice to stop - it does not.

Disputes of charges: Where a customer disputes a charge or payment, charges will continue to be added whilst the dispute is ongoing and actions of restrictions will continue. We are happy to enter into disputes of payments once paid and if we ultimately decide to reduce or refund your charges these will either be refunded or offset against a future invoice. We will not enter into a dispute and negotiate charges under duress during the time of a late payment charge being levied.
To dispute charges please write to us via email separately and we promise to respond to this within 21 days.

Refusal to reinstate service - continued problem payers:
After a period of non-payment for over 31 days or where late payment is repeated we reserve the right to refuse to reinstate your service and delete your shop, databases and all information relating to your business from our servers. Once deleted this can then no longer be reinstated under any circumstances. The amount outstanding on the invoice remains outstanding and will be in the hands of our debt collections department if necessary. If we agree to reinstate the website before deletion, this will incur a charge of £250

We reserve the right to remove all content from the Customer's web space or suspend or cease any of the services which coincide with the domain or hosting of the domain (this includes email forwarding and web server statistics) if payment is not received, and at any point during this time.

This information relates to all services and charges that may exist for any other services provided.

All charges are due by the 1st of each month or upon receipt of an invoice from us. The service is delivered upon receipt of payment only. None receipt of an invoice or an invoice not being received is not an argument for late payment and charges will still be made. Where a paper invoice is necessary for your system to make system then you can print this off once our systems have processed them. If you need a paper invoice or it is imperative that you receive an invoice before payment is made we are able to send invoices out via postal service advance at a payment of £2 per month admin fee. There are rare times when our electronic invoices may be received late due to technical problems. All customers are made clearly aware of the importance of payment by 1st of each month and if you see any problems with this then please speak to us in advance. the paypal system allows all customers to make a payment to us without the need for an invoice being received. If you are unsure of any of the rules relating to payments please talk to one of our staff as late payment fees will not be waived.

If payments are not made we reserve the right to cut off your service until payment is received. Additional charges are also levied. It is unlikely that we would use this right but the company will not negotiate charges that are incurred. The terms are set out clearly in advance of you using the service and we do not create restrcitions for you to use the service. Therefore, if you use the solution you must pay for this and any charges due irrespective of any other concerns or arguments.

Any prices agreed through a quotation for design or any other work or service are valid for 30 days from the date of that quotation. Payments for domain name registrations, transfers and other services must be paid for in advance of Go Commerced Ecommerce Solution making the registration or service.

Go Commerced Ecommerce Solution reserves the right to change prices or institute new charges for use of GoCommerced Ecommerce Solution at any time. Such changes are always notified with 21 days notice via email to current customers and will apply for the next invoicing period.

GoCommerced Ecommerce Solution customers may be asked to pay for their services for a period of 6 or 12 months in advance where continued problems have existed and customers have been locked out of their account more than once in a period of 3 months. Where this happens, a one-off advanced invoice will be sent that represents the forthcoming service charges plus any domain registration charges.

Vat is not yet applicable on your service via GoCommerced as this is a new solution and business. When vat becomes applicable your service cost will increase by the cost of vat (currently 17.5%) as this is payable to customs and excise and your invoices will show this payment and increase in charges accordingly. Notice will be given if/when this becomes applicable. We cannot guarantee a 30 day notice in this event, but will ensure that 14 days notice is provided.

Accepting Our Advice
GoCommerced Ecommerce Solution freely provide help, advice and more via your user text tutorial. Whether a Customer decides to use this advice or not is purely for them to decide. SEO advice is exactly that and cannot guarantee that any Search Engine will index or list any web pages or web sites as they are submitted to them by GoCommerced. Search engines index web site pages in different ways and time and patience is required to see the benefits of some activities. All our help and advice is based on our knowledge and experience and is given free as part of the solution and a charge for this is not incorporated into the price. The same is true about all aspects of the tutorials and support information.

Support
We endeavor to do all we are able to provide sufficient information to help you as necessary. Support is provided in a variety of ways. Consistent support is made available via email. telephone, live support, and forums. Support is available in accordance with availability. Support is always available during office hours but periods of peak business may mean that you are held in a queue or will need to leave a message. All enquiries are dealt with in order and all efforts are made to be available for you at all times. Support responses may also be available outside of office hours.

Tutorials are provided for all aspects of the solution and additional facilities and help ensure that the customer has a full briefing to all areas of the Admin section. One-2-one sessions and additional consideration is offered where we feel it is required. All new businesses have the right to one of these sessions within the first month. Additional one-2-one sessions may be charged. Online tutorials, admin help notes etc provide additional support for using your product. Live support is available during office hours and may be available sporadically in the evening or over the weekend. Forums allow customers to help each other with a variety of matters and are moderated. Moderators are active staff members who will also answer questions and include tips in the forums. Any misuse of the forums is taken seriously and members may lose access to them if they use explicit language or use the forums incorrectly.

Unlimited Bandwidth Policy
There is no general limitation to the bandwidth usage. All packages provide unlimited bandwidth as required by the individual web site. From November 2008 no bandwidth charges are incurred and bandwidth is unlimited on the GoCommerced Ecommerce Solution.

Although bandwidth is not charged we do provide information to help you to reduce the amount of bandwidth used on your site - all helping to ensure that we can continue to provide this product without bandwidth charges. There are ways that considering bandwidth for your website will help your website - such as ensuring that images are properly optimised to ensure web pages load quickly.

High bandwidth usage restrictions: GoCommerced offer an unlimited use policy by maintaining very large ratios of bandwidth and disk space per customer. In rare cases, GoCommerced may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. If a user exceeds bandwidth to the point where GoCommerced are not able to maintain them within the cost of the service GoCommerced reserves the right to impose the High Bandwidth User Policy for the consideration of all customers. This is as follows: When an account is found to be monopolising the resources available to them GoCommerced reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Resources are defined as bandwidth, disk space and/or processor utilization. In extreme cases excessive use of support may also be a concern. GoCommerced want to be able to provide an unlimited amount of these resources but not at the cost to the company or other customers. Steps to change the way we deal with a customer are not usually taken before notification to the customer and an ability for this to be corrected by the customer. We do reserve the right for notification not to be necessary in all cases.

Service and bandwidth charges are reviewed periodically and we reserve the right to change the way the Solution is paid for. Any changes are notified to the customer separately via email with a minimum of 30 days notice.

Termination of Service
By Us: GoCommerced reserve the right to terminate the service to a customer for any reason whatsoever. This includes not providing the service at all and refusing to provide a solution. This will also exist where a Customer breaks any of the terms & conditions of using their GoCommerced service. Termination of service will also exist where payment is not received for a period that GoCommerced considers unreasonable, or where a customer continually requires reminders for payment.
By You: You (the Customer) can terminate your agreement at any time. We ask, where it is possible if you could provide 30 days notice to allow us time to provide for any URL re-pointing and database closure etc, however this is not necessary. Where notice is not given any closing activities are made by us as soon as it is possible to accommodate. As this requires time from one of our technicians, we will provide this service within 30 days when notice of termination of site is not given. Also see the information on refunds regarding termination of service.

After termination of the Customer's account, Go Commerced Ecommerce Solution may, if they deem it applicable, and at their sole discretion, post a redirection to any new URL should the Customer desire this. This action may also be taken by us as a temporary solution to pointing the url.

Our Property
All web pages, scripts, databases, graphics or other digital products created by GoCommerced Ecommerce Solution remains the property of GoCommerced Ecommerce. The content information of the Customers database regarding customer details and customer email subscriber information is their property. Upon termination of the site, this information is passed back to you in for form of a .csv file.

Interruptions of Service
Go Commerced Ecommerce Solution will at all times use best endeavor to attempt to maintain an uninterrupted and error-free service, however Go Commerced Ecommerce Solution make no representations or warranties regarding the services provided by them and do not warrant that use of Go Commerced Ecommerce Solution will be uninterrupted or error-free, or that Go Commerced Ecommerce Solution services will meet any particular criteria of performance or quality. What we do state clearly is that our server management is second to none, there are backup servers helping to cope with any unusual problems, and there is little likeliness of anything going wrong.

There are rare occasions when many area's of a country can be affected due to no fault of any server providers and maintenance. During any period of service interruption rest assured that we are working as hard as possible to correct this. Where we are unable to correct this and it is in the hands of other reasons, our emergency information page is updated (if this is possible) with full details of the reasons for interruption of service, or customers are contacted via email. In the case where large internet interruption generally is experienced an update message will be included on an answer phone message that is updated as more information is received. We also provide off-server forums where updated notifications of this kind are made regularly.

Where a disaster or similar natural occurrence creates a break in service there is often little we can do until certain elements of this are corrected. If the problem appears to be so serious that significant interruption time will affect your business we will look at the alternative options of server changes. We can only deal with any such situations as they exist.

We can assure you that in the 2 years prior to the date of this information being loaded there has been 2 interruptions of service. One was for approximately 30 seconds during a period of updating a server. The second was during the Yorkshire floods and affected service sporadically over 24-hours - this particular problem was beyond our control.

Loss of Data
Go Commerced Ecommerce Solution will at all times use best endeavor to attempt to maintain and safeguard the Customer's data on its system. Go Commerced Ecommerce Solution accept no responsibility for any loss or damage to data or the loss thereof.

All GoCommerced Right Reservations
Go Commerced Ecommerce Solution may terminate the Customer's subscription at any time, with or without cause, upon reasonable notice. Where Go Commerced Ecommerce Solution terminates the Customer's subscription with cause, or the Customer terminates their subscription, the Customer will pay for the services and charges received and owed to date that is unpaid.

Special Offers
Where a special offer is available on the website for new customers for a limited amount of time by way of a marketing exercise, such offers cannot be extended to current customers. This may include a reduced setup fee and/or initial monthly payments.

Breach of Agreement
Notwithstanding contrary clauses in this Agreement, in the event that Go Commerced Ecommerce Solution are deemed liable to the Customer for breach of this Agreement, the Customer agrees that Go Commerced Ecommerce Solution's liability is limited to the amount actually paid by the Customer for their subscription. The Customer hereby releases Go Commerced Ecommerce Solution from any and all obligations, liabilities and claims in excess of this limitation.

Illegal Activity Reports
If GoCommerced Ecommerce Solution suspect illegal activity, we may notify the authorities and reserve the right to do anything on the system deemed necessary to protect our systems and servers.

The Customer acknowledge that no joint venture, partnership, employment, or agency relationship exists between the Customer and GoCommerced Ecommerce Solution as a result of their use of GoCommerced Ecommerce Solution. The Customer agrees not to hold themselves out as a representative, agent or employee of Go Commerced Ecommerce Solution. The Customer agrees that Go Commerced Ecommerce Solution will not be liable by reason of any representation, act or omission to act by the Customer.

Go Commerced Ecommerce Solution's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of GoCommerced Ecommerce Solution's right to comply with law enforcement requests or requirements relating to a Customer's use of Go Commerced Ecommerce Solution or information provided to or gathered by Go Commerced Ecommerce Solution with respect to such use.

Managing Customer Data
& The Data Protection Act 1998 / 1988. Changes in Data Protection Acts.
It is the sole responsibility of the site owner to ensure the security of their customer details. Make sure you have an understanding of the Data Protection Act 1998. Make sure you and your staff are aware of the Data Protection Act 1988. The Act governs the collection and storage of personal information and possible systems abuse. Businesses need to hold a range of information on customers, staff and the business itself. It is essential to ensure that this information is protected and as secure as possible. Any business holding information must also be sure that they are meeting the terms laid out in the Data Protection Act 1998. There are eight principles of data protection and anyone processing personal data must comply with them. These state that data must be:

• fairly and lawfully processed
• used for limited purposes
• adequate, relevant, not excessive
• accurate
• not kept longer than necessary
• processed in accordance with the data subject's (e.g. the customer) rights
• secure
• not transferred to countries without adequate protection

A more comprehensive definition of these principles is on website of the Information Commissioner's Office.

Identify the type of information you need to store and why: You must be clear as to the type of information you wish to store on customers or potential customers and why, e.g. name, address, any personal details. This includes information taken electronically, e.g. from e-commerce transactions. Make sure that you take the data protection principles into account when storing customer data.

Other Aspects of The Data Protection Act: The information you need to be aware of may include, but is not limited to, the following. Changes in the Data Protection Act may evolve. Therefore this information is not necessarily up to date - but instead provides you with a knowledge that this, and all lawful Acts relating to Data Protection are your responsibility and you have a legal responsibility to your customers to be aware of, and implement them.

Look at the format you will use to store information: You need to ensure that any customer information is stored securely. Manual (paper) data is vulnerable to accidents such as fire or flood and, if stored in a basement, can be damaged by rodents, damp or vandals. Electronic information, stored on floppy discs, CD-Roms etc are easily stolen, fire damaged or can corrupt. Practical security should be considered. For example it is pointless storing sensitive documents in a safe if the keys are left lying around or anyone has access to the information stored.

Develop confidentiality procedures to maintain data security: Risk evaluation should be carried out to ensure that security systems are in place to protect data. For example it may be decided not to give out client details in any way / over the phone, part of the security system would be in ensuring all staff are aware of this policy.

Establish a retrieval system to access stored information: Storing or archiving all of the business correspondence and documentation can be time consuming and make retrieval difficult, you must have systems in place to manage data storage and retrieval. Make sure there is minimum duplication of customer information between for example the accounts system and a customer database. This helps manage the customer data and comply with data protection law.

Back up/ copy essential data: Businesses should always back-up or copy essential data as damage to files can mean the loss of essential information, including data on sales and market predictions or the businesses financial records.

Ensure that staff understand and are trained in managing data: Staff should receive training in the business data protection policies and understand the reasons behind confidentiality procedures.

Best practice

Contact the Information Commissioners Office if you have any questions regarding registration requirements under the Data Protection Act.

Security of information should be treated with the same level of seriousness as that of premises or cash.

The storage and retrieval system should be monitored to ensure it continues to meet the needs of the business whilst complying with legislation.

Use Business Advisers and Solicitors to be able to help you identify the information you need to retain and how to establish data management systems.

Proxy Services
We use a reputable third party Internet Service Provider to register any domains on your behalf. You will be responsible for all administration of the domain. You must agree to their terms and conditions before ordering domain registration services from us. Full terms and conditions are available upon request. We are not responsible for any errors that occur or the re-registration at the time of renewal. Where we agree to register this in our name on your behalf, it remains your responsibility to make payment for such services. Where renewal becomes due, if we have registered this on your behalf and payment is due from us we will ensure this is renewed and invoice you via your Administration Centre. Payment of this fee is due to us immediately. Failure to make payment for any services to us on your behalf may result in your services and ownership of the goods being withdrawn.

Third Party Service Providers
Third Party Services include Payment gateway services. Where services are implemented from a third party provider, GoCommerced cannot and do not accept responsibility for any loss of service, errors in service or activity arising due to the use of any third party service employed by you. GoCommerced is not liable in any way for failure of third party services. We are also not responsible for the information you provide to these services. It is the customers responsibility to ensure that third party providers are not issued with any passwords or entry details relating to your web site. All issues arising from the use of a third party service are the responsibility of the customer and not GoCommerced. This includes all matters that arise relating to your website, your customers and your services from us.

Third Party Access
GoCommerced expressly disapprove of access to your website by any third party regardless of the reasons for this. Under no circumstances must you allow any company to access your website. You must not provide access via the backend database to any person providing a third party service. This includes, but is not limited to any other web site service, optimisation service, or to another company working for you in any way. If access is provided to any person not immediately employed by the company for which the solution is provided GoCommerced reserves the right to remove your service without notification. Where you would like to consider providing access to a third party you must seek our permission in advance. Such permission, if provided must be received in writing from us.

Longevity Guarantee:
It is our guarantee to you that we will continue to provide the service(s) you are paying for as agreed for the life of your site. Normal price increases may exist but these will be inline with normal cost of living and normal increases in business expenses. We appreciate that it is impossible to state that under no circumstances would the business ever close down, and if you look at our competitors you will find that they do not actually deal with this issue at all in their terms and conditions. No company is able to guarantee that this will not happen, but if we could do this, we would, as we feel certain this will be the case. The company is run by people with an amazing work ethic and we will not allow your business to be affected by anything. The company would run if necessary on zero profit to ensure your business remains online forever. It is highly unlikely that anything will affect this but just so you know this question is answered.. if it did we would ensure a complete and proper transition to an alternative suitable provider of all your databases and information, including products, customers and all other details and settings.

Final Reminder
A final and additional reminder that payment for your service is due by 1st of each month. Invoices are automatically sent to you via your site Senior Admin section of your website as early as possible in the month (usually 1st). A payment link is provided. Payment is due by 1st or immediately upon receipt of your invoice as you are billed in advance for your service. Payment should be made within 2 days via Paypal or standing order (if agreed this must reach us by 1st of each month). Any accounts not paid will lose access to their website Admin Area and then, at a later date, the website will be placed offline until the account is brought up to date. Charges will be incurred. Reminders are not sent. Payment / invoice date is the 1st every month prompt whether invoice is received or not your service payent is still due and must be paid by that date. GoCommerced do not allow 'On Account' payments for any reason whatsoever for both the service and any other additional charges made.

Customers should also be aware of our Privacy Policy outlined here.