This agreement is subject to English law.
If any clause(s) or subclause(s) or part(s) thereof of these terms and conditions is void or otherwise invalid under English law then neither this agreement nor those (sub)clause(s) are voided but instead those (sub)clause(s) and/or part(s) and only those are deemed to be amended so as to meet the minimum requirements of English law.
By signing up to the GPUK.net services you agree to accept and abide by these terms and conditions.
We may vary these terms and conditions from time to time and shall notify you by posting updates on the www.GPUK.net website giving notice of those new terms and conditions and their effective date and those new terms and conditions shall apply to your account with effect from the specified effective date. If you do not accept the variations then you may advise us by registered post to be received by us within twenty-eight days of the posting of the new terms and conditions and at our discretion we may either close your account or we may continue to apply the previous terms and conditions to your account. If you do not so advise us within twenty-eight days of such notification on the www.GPUK.net website then you will be deemed to have accepted the amended terms and conditions. If we close your account consequent upon such a notification from you that you do not accept the amended terms and conditions then we shall debit your account balance pro rata for the period that has elapsed since your subscription date at the standard subscription rate at the time that you subscribed and refund to you any balance that may remain thereafter.
This service is offered "as is". Whilst care has been taken in the design, building, and hosting of this service, no computer or internet based service can be fault free and it is to be expected that from time to time faults or other problems will occur.
We shall from time to time automatically and without any additional charge apply system upgrades and bugfixes to our services and to your account and your website.
There may be interruptions in the service, and there may be faults in the software. When these are brought to our attention we shall attempt to rectify them as soon as practicable where these are under our control.
It is your responsibility to monitor your website and your services running from that website and advise us of any problems in our services.
It is your responsibility to handle appropriately any emails or other correspondence received from the GPUK.net service, whether these are messages from GPUK.net staff or automated GPUK.net messages, appointment bookings, prescription requests, new patient registrations, patient messages, or other, and it is your responsibility to ensure that you have mechanisms in place for receiving these messages and actioning them appropriately including but not limited to allowing for the possibility of messages being lost or corrupted in transit or being faked and not being from whom they appear to be. We do not keep copies of details submitted at the website e.g. appointment bookings and prescription requests, and so we cannot help you replace missing information if messages are lost or corrupted in transit or by you or otherwise.
You undertake to manage your account and your website responsibly, which includes but is not limited to:
- not uploading or linking to or otherwise making available any materials for which you do not own the copyright or any offensive or illegal or defamatory or any materials disparaging of other doctors or their services or virus infected or similar materials;
- not probing or testing or breaching our security arrangements or those of other users on our server in particular but not limited to not uploading or running or attempting to upload or run unauthorised scripts and executable files on the server;
- keeping your own offsite backups of any files that you may upload to our server since we do not warrant to be able to restore any of your files in the case of them being deleted either by system faults or by our actions or otherwise.
You undertake to keep securely your password and administration code name and in the event of any breach of this security you will immediately change these and notify us of the nature of the breach of security.
You indemnify us against any damages or costs arising from your use of your website and associated services.
In the event that someone has gained access to your password and/or administration codename you indemnify us against any damages or costs arising from their actions.
When you first make a free signup to a GPUK.net website your diskspace allowance is restricted. When you are a paid subscriber in good standing of any of our website services then we shall on request increase your diskspace allowance to the amount specified in our tariff when you subscribed. Additional diskspace is usually available on request at the rates published in our tariff.
Your bandwidth allowance is as specified in our tariff when you subscribed. In the event that the sum of the sizes of files transferred in and out of your account webspace as determined by our web logs exceeds these limits then we may charge you for excess usage at the rate specified in our current tariff and we may terminate your account without refund of your subscription if you do not promptly pay the excess charges.
If we detect files or activity on your account which to us appear to constitute a possible breach of these terms and conditions then we may suspend your account pending investigation. In these circumstances we may freeze your account by changing your password to one not known to you and we may delete or move the files on your website so that they are not publicly accessible pending investigation.
If your subscription is not paid in good time then we may cancel your account and delete your website and all files within your directories.
When you are using our free demonstration or free trial period then we have no liability to you.
When you are a paid subscriber of any of our website services then our maximum liability is no more than refund of your subscription and we are not liable for any consequential or punitive damages.
If we terminate the service before the end of your subscription period then we shall refund the unused portion of your subscription.
Last amended 13th April 2001.