TERMS AND CONDITIONS FOR SALE OF GOODS AND SERVICES ONLINE

Please read these terms and conditions carefully. They contain important information about your rights and obligations.

You can print out these terms and conditions by clicking on the print icon on your browser.

We may change our Contract Terms from time to time, and you should check the terms which apply before entering into any purchase from us.

By clicking on the tick boxes at the bottom of these terms and conditions during the order procedure, you agree to be legally bound by these terms and conditions.

1. Definitions
In these Terms and Conditions the following words have the meanings shown:

“We”, “us” and “OVER THE WEB”	Over the Web Limited (company number 6779249)
“Website”	www.overtheweb.co.uk
“You”, “the Customer”	any person or organisation from whom we accept an order for goods or services via the Website and who meets the criteria set out in paragraph of these Contract Terms
“Confirmation”	our electronic notification to you that your order has been accepted
“Contract Terms”	these terms and conditions which are deemed to include the Website Terms
“Delivery Address”	the address you have specified in your order
“Price”	our list price at the time of your order, which may vary from the published price (see 4.4 and 5.5 below)
“Products”	any hardware, software, goods and services offered from time to time on the Website
“Website Terms”	the terms and conditions for using the Website which are deemed to be included in these Contract Terms

2. Website purchases
2.1 The Website is a place for you to select, order and pay for our Products and these Contract Terms apply throughout that process.
2.2 Please note that we will not sell any Product to anyone who cannot pay for it by a Payment Method, is under 18, or is otherwise incapable of forming a binding legal contract. If you do not qualify, please do not attempt to purchase from the Website.
2.3 OVER THE WEB is entitled to refuse any order placed by you without being required to give any reason

3. Your promises to us
You warrant to us and guarantee
3.1 that the information you provide when you register on the Website including any additional information is complete and accurate.
3.2 that you will review your registration information at least once every 12 months, and if it changes, you will promptly update it.
3.3 before sending your order, you have read and understood the information on our Website about use of the Products;
3.4 that you are competent to use the Products; and
3.5 that you have purchased the correct specification of the Products for the use to which they are to be put.
3.6 that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website.
3.7 that your computer system including router, broadband or any other technical medium meets all relevant technical specifications necessary for use with any Products which may need installing or attaching in order to work.

4. Buying Procedure
4.1 To order a Product you will need to follow the procedures set out on the Website and you agree to submit to our order validation procedures.
4.2 Any times or dates stated on the Website for delivery are estimates only. Timescales for delivery will depend upon the delivery option selected by you.
4.3 OVER THE WEB aims to dispatch the Products you have ordered to the Delivery Address within 3 working days of the date on which payment for your order is processed and if we are not able to do this we will contact you. We will send you notice of despatch whenever a Product is sent to you.
4.4 We try to ensure that the prices displayed on our website are the sale Price but we will validate the price shown on your order and may alter it as part of the acceptance procedure. We will inform you if the Price of any Product is higher than that stated in your order and you may then cancel or confirm the order.
4.5 The Prices for all Products are exclusive of cost of delivery by first class post or courier unless you qualify for free delivery (please see the shipping and returns page on the Website). All published prices indicate if they are inclusive or exclusive of VAT.
4.6 If your order is accepted, we will send Confirmation to the email address you have given us on registration. We will use our best endeavours to fulfil the order by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within thirty (30) days.
4.7 If the Product you ordered is unavailable for delivery within fourteen (14) days of the date of order, we will notify you by email and offer you a refund.
4.8 If we have any queries or concerns about the Products that you have ordered we will contact you to obtain clarification about your order.

5. Payment
5.1 You may pay by credit or debit card for the initial purchase at the time of order.
5.2 For Products that incur repeat payments, a direct debit mandate must also be completed.
5.3 You undertake that all details you provide to us for the purpose of purchasing Products are correct, that the credit or debit card which you use is your own, and that there are sufficient funds or credit facilities to cover the cost of the ordered Product. We reserve the right to obtain validation of your credit or debit card details before providing you with any Product.
5.4 We reserve the right to deduct an administration fee from your credit or debit card to cover our reasonable expenses if the Products are not delivered because you provided incorrect or incomplete information when you placed the order.
5.5 We reserve the right to alter our published prices at any time, and to reject or amend your order by substituting our current price for the price published on the Website. In the event that we do so we will give you the opportunity to cancel or confirm the order at the correct Price.

6. Order Cancellation and Returns
6.1 Your right to return goods are protected under the EU Distance Selling Directive. None of these Contract Terms reduce your statutory rights. To the extent that any Contract Term is found to be invalid or unenforceable, it shall be deleted from these Contract Terms, the remainder of which will continue in full force and effect.
6.2 You may cancel your order within seven (7) working days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing (including email) and return the Products within those seven (7) working days. You will then be entitled to a full refund (including any delivery charge you paid for the goods)from OVER THE WEB, which will be paid as soon as possible but in any event within thirty (30) days.
6.3 If you cancel your order you must pay the costs of returning the Products to OVER THE WEB. You are responsible for the risk and cost of any loss or damage caused while the goods are being returned, and you should take out postal insurance to cover the value of any items you post back to us. If you inform us in writing that you want us to arrange for collection of returned Products by courier we will notify you of the arrangements for such collection. There will be a £10 charge for returns by courier and this will be deducted from the amount to be refunded to you.
6.4 If we have supplied you with a Product which has been delivered electronically, installed and activated we may not be able to supply a refund. If you are not sure if you have the right Product, please check with us before installing. If you use software or equipment supplied by us which incurs a usage charge, you will be liable for the cost of use even if you return the Product.
6.5 If we accept your cancellation but you do not return the Products to OVER THE WEB we reserve the right to charge you the full cost of recovering the Products from you including a charge for our time.
6.6 While they are in your possession, you must take reasonable care of the Products you intend to return to us and when we receive them they should be in saleable condition:
YOU MUST NOT USE ANY PRODUCTS THAT YOU INTEND TO RETURN TO US.
IF THE PRODUCTS ARE VACUUM PACKED YOU MUST NOT UNSEAL THEM.
ALL PRODUCTS MUST BE RETURNED TO US IN THE ORIGINAL PACKAGING AND WITH ANY FREE OR PROMOTIONAL ITEMS WHICH ORIGINALLY ACCOMPANIED THEM.
ANY SOFTWARE PURCHASES MUST NOT HAVE BEEN INSTALLED AND/OR ACTIVATED.
You hereby agree to indemnify Over The Web against all costs incurred by Over The Web due to your use of returned products including the cost of our time.
6.7 If you notify us in writing within 7 days after delivery that (a) the Product delivered is not what you ordered, or does not correspond with its description; or (b) the Product delivered is not of a satisfactory quality; or (c) the Product is not fit for any purpose which was notified to us in writing and confirmed by us in writing before you placed the order, then OVER THE WEB will, at its option, either deliver to you a replacement Product or refund to you the Price paid and your reasonable costs of returning the Product. If the Product was delivered to you by Royal Mail then we will provide you with a freepost envelope to return the Product by Royal Mail. If the Product was delivered to you by courier then we will pay the courier’s charges.
6.8 If you return the Products because they are damaged or faulty then please include with the returned Products a written explanation of the fault or damage.
6.9 The address to which products should be returned and notice of cancellation etc may be sent is: Over The Web Limited, 22 Bower Road, Harrogate, HG1 5BW.

7. Modifications to Website
7.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our Website or the content available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, and/or the sale of new Products shall be subject to these Terms of Contract and the Website Terms.
7.2 Please note that although we try to ensure that the content of our Website is accurate, it may contain typographical errors or other inaccuracies. We rely upon the information provided to us by the manufacturers of the Products and accordingly accept no liability for any loss or damage caused by changes made to Products by the manufacturers where these changes have not been notified to us.

8. Software Downloads
8.1 Some of our Products are only available using internet download from our Website. As well as the initial option to download the software, you will be emailed a separate link allowing you to obtain the software for up to one month after purchase if your download fails or you need to reinstall the software due to other circumstances.
8.2 Downloading software from our Website gives you the right under licence to use it but does not transfer ownership of the software to you or create any other rights in relation to it.
8.3 All software available for purchase on the Website is provided under licence by OVER THE WEB subject to the terms of the licence granted by the originating developer and/or reseller of the software, to whom you may apply directly to obtain a copy of their licence agreement. You may have viewed a licence agreement for the software during the process of ordering it from the Website. In any event, if you use the software you have obtained via OVER THE WEB you will be deemed to have accepted the terms of each and every licence to which it is subject.
8. 4 A refund for software purchases may be available in the sole discretion of OVER THE WEB depending on how the licence is activated and what costs are incurred after the licence is activated. OVER THE WEB reserve the right to invoice you for any costs incurred once the licence is activated and before the licence is terminated within any stated termination period unless a different arrangement is agreed between you and OVER THE WEB.

9. Non-delivery of Products
9.1 If your order is not received within 2 working days after the date on which we sent you notice that the Product was despatched, or if the Product is damaged when you receive it, then you must notify us by email quoting your order number.
9.2 If the Products were being sent by Royal Mail and you have not received them 15 WORKING DAYS (i.e. 3 WEEKS) after the date of your order then you must contact your local Royal Mail Sorting Office to report that the Products have not been received before contacting us. You will then be required to complete a Royal Mail P91 form to enable us to investigate the non-delivery of the Products.
9.3 In order to ensure that you receive the ordered Products as soon as possible we recommend that following any failure in delivery you reorder the Products on the Website.
9.4 You will accept proof of delivery supplied by our carriers as sufficient evidence that we have delivered the Product .

10. Applicability of online materials
10.1 Unless otherwise specified all content and materials published on our Website are presented solely for your private, personal and non-commercial use.
10.2 Our Website is controlled and operated from our offices in England. Product information and specifications are supplied by the manufacturers of such Products OVER THE WEB does not verify Product information in any way and we do not (to the extent permitted by law) accept liability for damage or loss however arising from inaccuracy or other defect in such information (whether published on or offline). Any queries about any of our Products should be addressed to us prior to your placing your order.
10.3 We have used our best endeavours to ensure that our Website complies with the laws of England and Wales. Over The Web does not offer the Products for sale to persons resident outside the UK.

11. Copyright and monitoring
The intellectual property rights to the contents of our Website are protected by local and international copyright laws. The owners of these rights are Over The Web, its affiliates or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners . You may download material from our Website for the sole purpose of placing an order with Over The Web or using our Website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where we expressly invite you to do so.

12. Liability
12.1 We promise that for any Product you purchase from our website: (a) we have the right to sell the Product to you; and (b) the Product will be fit for any purpose, which you have notified to us in writing and which we have confirmed to you in writing prior to your placing the order.
12.2 We exclude all liability for damage or loss whether direct or indirect arising from breach of any express or implied terms, any failure to deliver or delay in delivery, or any conditions, warranties, representations or endorsements whatsoever with regard to any Products use of our Website or any information or service provided through our Website.
12.3 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business , however caused, even if foreseeable. We accept no liability for loss or damage arising out of or in connection with the viewing, use or performance of our Website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these Contract Terms), whether due to inaccuracy, error, omission or any other cause on the part of Over The Web or our servants, agents or any other person or entity.
12.4 We do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
12.5 We will do our best to ensure that all materials and information published on our Website are accurate, but we give no warranties or representations to that effect.
12.6 If we are liable to you for any reason, our liability will be limited either to £1,000 or to twice the amount paid by you for the Product concerned, whichever shall be the lower.
12.7 If you have not provided us with all requested details your order may be delayed and we will incur no liability for damage or loss, whether direct or indirect arising from such delay.
12.8 The limitations and exclusions in this clause
12.8.1 apply only to the extent permitted by law;
12.8.2 do not affect any legal rights which statute provides may not be excluded; and
12.8.3 do not apply to any liability we may have for death or personal injury resulting from our negligence or for fraudulent misrepresentation.

13. General
13.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these Contract Terms, and/or charge or deal in any other manner with the contract created by our acceptance of your order, or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 13.1 shall be ineffective. These Contract Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
13.2 We may alter these Contract Terms and the Website Terms from time to time and post the new version on our Website, following which all use of our Website will be governed by that version. You are responsible for familiarising yourself with the terms and conditions published on the website from time to time.
13.3 These Contract Terms and the Website Terms together with the shipping and returns page and payment method instructions on the Website, if any, comprise the whole agreement between you and Over The Web to the exclusion of all other terms unless such other terms are in writing signed by an authorised representative of Over the Web
13.4 If any provision or term of these Contract Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Contract Terms and shall be deemed to be deleted from them.
13.5 These terms and conditions and your use of our Website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.
13.6 Except in respect of a payment obligation, neither you nor Over The Web will be held liable for any failure to perform any obligation to the other due to causes beyond your or Over The Web’s respective reasonable control.
13.7 Failure to enforce or delay by either party in enforcing an obligation or exercising a right under these Contract Terms does not constitute a waiver of that obligation or right.
13.8 These Contract Terms do not confer any rights on any person or party (other than you and us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
13.9 These Contract Terms replace all other terms and conditions previously applicable to the use of our Website and/or sale of the Products.

14. Service of Notices
14.1 If you wish to contact us then you should write to us via email at info@overtheweb.co.uk or by post at Over The Web Limited, 22 Bower Road, Harrogate, HG1 5BW.
14.2 If we need to contact you then we will write to you at either the email or postal address you have provided during registration on our Website.
14.3 Any notice served by either you or us will be deemed received if emailed when an email is received in full (or else at 9 am on the next business day if it is sent during a weekend or on a day which is a public holiday in the place of receipt) or if posted three (3) days after the date of posting.

Website Terms & Conditions

Welcome to the Backup Over The Web (On Over The Web Ltd) website, which has been built in order to provide you with information about our products and services, to allow you to contact us easily as well as providing access to our products.

If you use our website (the "Website"), you are regarded as having accepted the following General Terms and Conditions ("Terms"), which include our Privacy Policy, so we ask all our visitors to please read and understand these Terms carefully.

Intellectual property

This Site is owned and operated by Over The Web (also referred to in these Terms as "we" and "us") and the information and materials appearing on the Website (the "Content") and all software used on the Website and all Content included on it (including, without limitation, Website design, text, graphics, audio and video, and the selection and arrangement of the Content) is the property of us or our suppliers and is protected by international copyright laws.

None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder, except that you may download one copy of extracts from the Website on any single computer for personal, non-commercial, home use only, provided that all copyright and proprietary notices are kept intact.

You are prohibited from modifying any of the Content or using any of the Content for any purpose other than as set out in these Terms (including, without limitation, on any other website or computer network). Requests to republish any of the Content and to use quotations or extracts from any book published by us should be addressed to Over The Web 22 Bower Road, Harrogate, HG1 5BW, UK

Links to third party web sites

This Website may have links to other Internet websites that are controlled and maintained by third parties. These websites may be operated by one of our divisions, associated or sister companies, or may display our name or brand or refer to us in some way. These links are included solely for your convenience and do not constitute any endorsement by us of the websites linked or referred to. We have no control over the content of any such websites.

Material you submit

By communicating with this Website, you confirm that you:

	Have all necessary legal rights, including, without limitation, intellectual property rights, to the material and information you transmit or send to this Website;
	Take full responsibility for any material you transmit or send to this Website;
	Will not transmit or send to this Website any unlawful, confidential, defamatory, obscene, threatening, sexually or racially offensive, abusive, harmful or otherwise objectionable material;
	Subject to the Website's Privacy Policy, you authorise Over The Web, so far as the law permits, to use any such information and/or materials as it sees fit, in any territory, in any media, in perpetuity.

Liability disclaimer

We provide this website in good faith and do not make any representations or warranties of any kind, express or implied, in relation to any part, or all, of this website or its content, nor in relation to any part or all of any website to which this website has a link. We hereby exclude all warranties and representations to the extent permitted by law. We give no guarantee that the activities and offers made available on this Website will always function as intended or that this website will be free from infection by viruses or anything else that may be harmful or destructive.

To the extent permitted by law, we hereby disclaim all liability, however it may arise, in connection with any loss and/or damage that may occur in relation to, use of, or inability to use, or action taken or refrained from being taken as a result of using, all or any part of this Website or its Content, or any website to which this Website is linked.

Changes to these conditions of use

We reserve the right to add or change these Terms and our Privacy Policy and agree to ensure that a note of the date and clause number of any such amendments will be included as part of these Terms. Any changes will be posted to the website and it is your responsibility to ensure, from time to time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the website after that time.

Severance

If any of these Terms is held by a court of law in any territory to be invalid, illegal or otherwise unenforceable, then, to the extent that it is held to be so, and with regard to the relevant territory only, that provision shall be severed and deleted from these Terms, provided that the remaining provisions of these Terms shall remain binding and enforceable and the severed provision shall also remain so in all other territories.

Governing law

These Terms shall be governed by, and construed in accordance with English law and any disputes that may arise under or in relation to these Terms shall be subject to the jurisdiction of the courts of England.

Privacy Statement

This privacy statement demonstrates our firm commitment to privacy and confidentiality. We have put in place policies and practices that protect your personal information. With this in mind, you can have confidence in entrusting your data protection to Over The Web.

These policies will not be subject to change unless requested so by court of law. Please visit this site regularly for updates or notifications on any changes that may be enforced.

Our privacy policy is a reflection of Over The Web principles.

Information Automatically Logged

We use your IP (internet protocol) address to help diagnose problems with our server and to administer our web site. We also use this information to help make using our web site easier and more enjoyable.

Cookies

Cookies used by companies such as ourselves improve the way visitors view and interact with our web site. They are data files that we send to your computer each time you visit our site - this allows us to remember you the next time visit. This could include data such as your browser type, operating system and other non-personal information. For registered visitors and clients, we may also remember some personal information such as email addresses, in order to personalise the visit or make it more efficient.

Secure Payment

We use SSL (Secure Sockets Layer) to communicate with your computer when you need to provide us with sensitive information such as credit card details. SSL is accepted as the industry standard, secure way of encrypting the information passed between us and thus making it extremely difficult for anyone else to intercept the transmission.

Registration Forms

Our site´s on-line forms require users to give us contact information (like name, email, and postal address). Contact information from the registration forms is used to answer questions, give information about our company and its services, allow the download of our trial software and to send occasional newsletters. Users may opt-out of receiving future mailings; see the choice/opt-out section below.

Surveys

Our online surveys may ask visitors for contact information (like email addresses). Contact information from the surveys is used for other purposes such as to make improvements to our web site and to increase our knowledge about the needs of our customers and those who visit our site. It is also used to help us improve our internet marketing skills.

Security of information

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control - including personal and business information collected from you.

External Links

This site contains links to other sites which are provided as useful information sources for our visitors. It is impractical for us to vet each of these external sites for their content, privacy policy and other important subjects. We try to provide only relevant and credible links but we are not responsible for the privacy practices or the content of such Web sites.

Choice/Opt-Out

Where you have opted to receive one of our email newsletters or other online publications, these will always contain information on how you may apply to stop receiving them.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us by emailing privacy@overtheweb.co.uk.