1. Provider agrees to supply non-hosting products and services described in a Service Agreement signed by both parties. Hosting products are supplied according to the terms and conditions on this page.

2. Initial pricing covers only the initial products and services to be supplied. Additional services will be charged at the then current rates including, for example, on-site support or emergency corrective work due to the actions of Client or Client's agent.

3. Provider may add Client's name to a Reference List.

4. Client agrees to add a simple text link to Client's web pages, being a hyperlink to http://www.focus.lu; applicable texts are "Hosted by FOCUS", "Design by FOCUS" or "Powered by FOCUS", as appropriate.

Legal

1. Provider will act in a manner consistent with any and all applicable laws of the Grand Duchy of Luxembourg.

2. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.

3. Agreements shall be construed in accordance with and governed by the laws of the Grand Duchy of Luxembourg.

Invoicing and Payments

1. All Provider invoices are payable immediately upon receipt of invoice, unless otherwise stated on the invoice.

2. Provider reserves the right, in its sole discretion, to deactivate Client's account(s) upon an indication of credit problems including delinquent payments. A reactivation charge equal to one month's rental will be made for re-activation.

3. Rental fees are payable in advance, invoiced when the service is available to Client; renewal fees for Hosting, Application Rental, Domain Name Registration and other services are to be received before the date that the new rental period begins.

4. Design and Programming fees are covered in a separate section.

5. Other Services are invoiced on completion.

HOSTING TERMS & CONDITIONS

General

1. Client agrees to the Acceptable Use Policy at http://focus.lu/company/aup.html

2. Standard Hosting rental contracts cover a 12-month period, renewed automatically thereafter unless 3 months notice of termination in writing is received from Client.

3. Client hereby agrees that any material submitted by Client or Client's Agent(s) for publication on Provider Hosting service will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Provider may deactivate any potentially illegal activity without warning. Client hereby agrees to indemnify and hold harmless Provider for any claim resulting from the submission of illegal materials.

4. Client hereby agrees that any material submitted for publication on Provider through Client's account(s) will not contain anything leading to an abusive or unethical use of the service. Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, and any harassing and harmful materials or uses. Client hereby agrees to indemnify and hold harmless Provider from any claim resulting from your publication of materials or your use of those materials. Provider may or may not give notice before deactivating the use of an account(s), which Provider decides is an abusive or unethical use of the service.

5. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. Provider reserves the right to deactivate Client's account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless Provider from any claim resulting from Client's or another party's use of electronic mail service(s) on Client's account(s).

6. Client agrees not to assign, resell or sublease any part of the space provided, or host information for third parties without prior written permission of Provider.

7. Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

8. Client or Client's Agent(s) or web site visitor(s) will report hosting malfunctions in writing (email) including details of date and time of the malfunction and any relevant information which identifies the area needing attention. Failure to provide sufficient exemplar information to enable replication exempts the report from these terms. Provider will respond by attempting to diagnose the problem on a "next working day" basis. There is no charge for diagnosis and repair if the malfunction is entirely due to Provider; there will be an hourly charge at the then current hourly rate for diagnosis and repairs due to the action or inaction by Client or Client's Agent(s).

Hosting Disclaimer

1. Provider's service is provided on an "as is, as available" basis. Provider gives no warranty, expressed or implied, for the services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by Provider or its providers beyond the fees paid by Client to Provider for services.

2. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the services for any reason.

3. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data.

4. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network which may be utilised by Provider or its customers.
   
   

DESIGN AND PROGRAMMING TERMS & CONDITIONS

General

1. Provider will provide Client (twice) with examples of the design concept to secure final approval of the overall appearance early in the process.

2. Provider or its agents retain copyright of original design and programming, unless otherwise specifically agreed in writing.

3. Client Warranties that all artwork, design, logos, likeness, or photos or persons as supplied by Client are with proper permission; that any artwork supplied by Client does not infringe on any statutory right and that Client will indemnify and hold harmless Provider from any and all claims arising therefrom, including legal fees.

4. All material (text, images, etc.) supplied by Client to be placed on Client's web pages should be submitted in electronic format in its final form; All other material requiring treatment such as translation, retyping, image adjustment and so on will be charged at the then current rate which will be notified to Client before treatment begins.

5. In the case of third-party hosting, Client hereby authorises Provider to remotely access the hosting account where the application will reside while online and authorises Client's Hosting Provider to provide Provider with "read write execute permissions" for Client's web page directory, cgi-bin directory, and any other directories or programs which need to be remotely accessed for installation and testing of the web site and/or application programming in situ prior to Completion.

6. The fees for programming and/or design work are payable in two equal parts - one with order before work commences and one on acceptance; the programming/design will be made public on receipt of the final payment. Lower value projects may be invoiced in one lump sum on completion.

7. The order is deemed to be accepted by Provider when the first part-payment is received into Provider's bank account.

8. The work is deemed to be completed ("Completion") when it is delivered to Client for User Acceptance Testing and approval, but not yet online and not accessible by third parties.

9. A period of 14 days is provided for User Acceptance Testing; all variations from the written specifications reported during the 14-day period will be rectified and the work is then deemed to be accepted.

10. On acceptance, the final payment becomes due immediately. Also on acceptance, the work is made available online and accessible by third parties unless Client requests a delay to the work going online.

11. Any modification by Client or Client's Agent(s) to made to programming or programme files renders all warantees and support agreements invalid whether or not the modification results in application malfunctions.

Custom Application Rental

1. Custom Application Rental contracts are for a minimum 36 months, thereafter automatically renewed for individual 12-month periods, unless 3 months notice of termination in writing is received from Client. Any "bugs" or "malfunctions" (as defined below) will be repaired at no charge during the period of the contract under the same terms as below.

Application Malfunctions ("Bugs")

1. An "application malfunction" is defined as any functionality that does not exactly perform the required function as set out in the written specification.

2. Application malfunction does not include reprogramming to meet changed specifications or recovering from damage done to existing scripting by Client or Client's Agent(s) or recovering from malfunctions due to any unplanned change of hosting operating environment by Client or due to any incompatibility in plug-ins or other third party applications introduced by Client or Client's Agent(s) after the order was accepted by Provider.

3. Client or Client's Agent(s) or web site visitor(s) will report bugs/malfunctions in writing (email) including details of date and time of the malfunction and any relevant information which identifies the area needing attention. Failure to provide sufficient exemplar information to enable replication exempts the report from these terms.

4. Provider will respond by attempting to diagnose the problem on a "next working day" basis. Provider warrantees to diagnose and repair any malfunction of its own programming for a period of 6 calendar months after completion (as defined above) at no charge.

5. After the 6-month warranty expires, these services are provided under a separate Maintenance Contract.