- By becoming a member of Dily Web Limited's service
(the "Service"), you become a Subscriber and agree to bebound by
this Agreement (the "Agreement"). This agreement is subject to change
by Dily Web Limited at any time, and changes are effective upon notice
to each Subscriber.
- Some or all of the following fees and charges
may be incurred by the Subscriber:
- Subscription fees. The subscriber is
responsible for paying periodic subscription fees according
to the then-current billing terms.
- Unless and until this agreement is cancelled
in accordance with the terms hereof, Subscriber hereby authorizes
the "Service" to charge subscriber's credit card (or other approved
facility) to pay for the ongoing cost of membership. Subscriber
hereby further authorizes the "Service" to charge Subscriber's credit
card (or other approved facility) for any and all puchases of products,
services and entertainment provided by Dily Web Limited. Subscribership
may not be assigned or transferred to any other person or entity.
Subscriber must promptly inform Dily Web Limited of the following: changes
in the expiration date of any credit card used in connection with
the Service; changes in home or billing address; and apparent breaches
of security, such as loss,theft, or unauthorized disclosure or use
of an ID or password. Until Dily Web Limited is notified, by e-mail at
of a breach in security, the Subscriber will remain liable for any
unauthorized use of the Service. Upon request, Subscribers will
be given access to billing records that support charges for use
of the Service.
- Prior Information:
The Regulations require that the supplier provide the consumer with the following minimum information prior to entering the contract:
1. Name and address of the supplier (e.g. Spider)
2. Main characteristics of the goods or services
3. Price of the goods or services including all taxes
4. Delivery costs where appropriate
5. Arrangements for payment, delivery or performance
6. Inform the consumer of their right of cancellation (if such exists, see “cooling off period” below)
7. Telecoms cost if it is calculated other than at basic rate
8. Period for which the offer or price remains valid
9. For ongoing contracts, the minimum duration of the contract.
This information must be set out in a clear fashion and in a manner which is appropriate to the means of distance communication used. As I am not familiar with the client’s website you might please confirm that all of this information is clearly set out for the consumer prior to joining the website.
- Confirmation of the Terms:
The Regulations further require that all of the above information be confirmed to the consumer in a durable medium e.g. via email, so that the contract will be enforceable. In addition the confirmation must include information on the following:-
1. The right of cancellation (if such exists, see “cooling off period” below)
2. The geographical address of the place of business of the supplier to which the consumer may address any complaints
3. Existing after-sales services and guarantees (if any)
4. Conditions for cancelling the contract if it is of unspecified duration or longer than one year.
The written confirmation must be provided during the performance of the contract and would usually be covered off through the automatic generation of an email to the consumer upon conclusion of the contract. You might please confirm whether it is standard practice for such an email to be sent to new website members and if so please confirm that the above points would all be covered.
In this regard I would note in particular that the terms and conditions provided do not include the geographical address of the place of business.
- Cooling off period:
The Regulations imply a term into distance contracts giving the consumer the right to cancel the contract within 7 working days without giving any reason and without penalty. There are however exceptions to the cooling off period and Regulation 6(4) provides that it will not apply in a distance contract for services if performance of the contract has begun, with the consumer’s agreement, before the cooling off period ends. Performance of the service in this instance would begin once the consumer is given access to the website and I understand that this would happen within the 7 days though you might please confirm this point. In these circumstances the cooling off period would not apply.
- Payment for the appropriate services may be made by automatic credit card debit. Members will be automatically renewed for the original term upon expiration, unless Dily Web Limited is notified via email, along with your UserName and Password, 48 hours prior to membership expiration. Three Day Special Introductory Trial Memberships shall renew at the normal one-month membership rate of 39 dollars and 95 cents.
- Subscription to the Service may be terminated
at any time, and without cause, by either Dily Web Limited or the Subscriber
upon notification of the other by electronic mail.
Subscribers are liable for charges incurred by them until termination
- Subscribers are responsible for providing
all personal computer and communications equipment necessary to
gain access to the Service. Access to and use of the Service is
through a combination of an ID and a password. Each Subscriber must
keep his password strictly confidential. Remember your password!
For security reasons, Dily Web Limited will not release passwords for any
reason, except as may be specifically required by law or court order.
Unauthorized access to the Service is a breach of this Agreement
and a violation of law.
- Any liability of Dily Web Limited including without
limitation any failure of performance, error, omission, interruption,
deletion, defect, delay inoperation or transmission, communications
line failure, theft or destruction or unauthorized access to, alteration
of, or use of records, whether for breach of contract, tortous behavior,
negligence, or under any other cause or action, shall be strictly
limited to the amount paid by or on behalf of the subscriber to
Dily Web Limited for the preceding 12 months. Some states do not allow
the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
- No warranty is made by Dily Web Limited regarding
any information, services, or products provided through or in connection
with the Service, and Dily Web Limited hereby expressly disclaims any
and all warranties, including without limitation:1) any warranties
as to the availability, accuracy, or content of information,products,
or services; 2) any warranties of merchantability or fitness
for aparticular purpose. Some states/provinces do not allow the
exclusion of implied warranties, so the above exclusion may not
apply to you.
- The material on the Service is for the
private, non-commercial enjoyment of Subscribers only. Any other
use is prohibited.
Subscribers agree not to engage in advertising
to, or solicitation of other Subscribers to buy or sell any products
or services through the Service without prior written consent. Subscribers
are responsible for information they send, or display through the
Service even if a claim should arise after termination of service.
- Notices by Dily Web Limited to Subscribers may
be given by means of electronic messages through the Service, by
a general posting on the service, or by conventional mail. Notices
by Subscribers may be given by electronic messages unless otherwise
specified in the Agreement.
- All questions regarding new Dily Web Limited
membership by means of electronic message should be sent to
- The subscriber hereby warrants and represents
that he or she is over the age of 18, and in all respects is qualified
and competent to enter into this agreement.
- This Agreement contains the entire agreement
between the Subscriber and Dily Web Limited regarding the use of the Service,
and supersedes all prior written and oral understandings and writings,
and may only be amended upon notice by Dily Web Limited to Subscribers.
Unless otherwise explicitly stated, the provisions of this Agreement
shall survive its terminations . The Agreement shall be governed
pursuant to the laws of the United Kingdom