My-ShopsOnline.com is a trading name of Red-Fern Media Solutions Ltd.

AGREEMENT BETWEEN YOU AND RED-FERN MEDIA SOLUTIONS LTD
Where the context admits: "We" & "Us" includes Red-fern Media Solutions Ltd, Q House, Burnley Rd, Altham, Accrington, Lancashire, BB5 5TX, and “My Shops Online” which is a trading name of Red-fern Media Solutions Ltd or any party acting on our implicit instructions. "You" ,“Your” or “The Client” refers to the customer, or any party acting on the customer's instructions be it a person or company purchasing the Services,. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. "Server" means the computer server equipment operated by us or by a third party contracted by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.

The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.

These Terms & Conditions constitute a legal agreement between you and us. You must accept without modification all of the terms, conditions, and notices contained in these Terms & Conditions in order to access and use the services we provide. If you do not accept these Terms & Conditions in their entirety, you may not access or use the services provided by Redfern Media Solutions Ltd.

CHANGES TO THE TERMS AND CONDITIONS

Red-fern Media Solutions Ltd may wish to update or change the terms, conditions and notices for the service provided from time to time to reflect changes in the service, changes in the laws affecting the Services, or for other good reasons. It is your responsibility for regularly reviewing these terms, conditions and notices. Continued access to or use of the Services provided by Red-fern Media Solutions Ltd after any such change shall constitute your consent to such change.

RIGHT TO REFUSE ORDERS
We have the right to refuse any Client Order or do business with any person or entity without liability and without explanation.

LAWFUL USE

The Services provided by us are to be used by the primary owner only, account holders are not permitted to resell, store or give away the services of their account to other parties even if it was for free or non-profitable use.

You are responsible for conforming to all laws regarding the Internet. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the United Kingdom, England and Wales and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues.

Red-fern Media Solutions Ltd retain the right to immediately suspend any account that we suspect of containing material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way; contains a virus or other hostile computer program; constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

Additionally your site may be suspended if you send bulk email whether opt-in or otherwise from our network; employ programs which consume excessive system resources, including but not limited to processor cycles and memory.

DATA PROTECTION

Unless indicated otherwise on the relevant Order form, you agree to allow us to collect and process data and information regarding your use of the Service for us or companies affiliated to us for the purposes of marketing our services, or other related services, or for any other purpose connected with the Agreement. We will provide the Client on request with details of all such information held by us, and will modify any information that the Client advises is incorrect.

Each party shall for the duration of any Agreement governed by these Terms and Conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same.

Red-fern Media Solutions Ltd possesses the right to communicate with the Client regularly via, but not limited to, electronic means.

We may, from time to time, send Client information relating to the services of other companies that Red-fern Media Solutions Ltd feels may be of interest to the Client. If the Client does not want to receive such information, it is to inform us in writing.

Red-fern Media Solutions Ltd has the right to deny Customer Support to the Client if the Client fails to demonstrate to our representative that they are indeed the Client and therefore authorised to request that changes be made on the account. The Client acknowledges that it may not always be possible for us to guarantee that breaches will not occur and therefore agrees to cooperate with our staff in its requests for Client authentication.

"UNLIMITED" POLICY

Red-fern Media Solutions Ltd through third party service providers offers an unlimited use policy by maintaining very large ratios of bandwidth and disk space per customer. In rare cases, Red-fern Media Solutions Ltd or our third party provider 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. In such instances, Red-fern Media Solutions Ltd 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.

DATA AND BACKUP

While we do backup all data within our own internal systems we are not liable for any loss of data which may adversely affect your business. This means that if you have uploaded your product data and/or built up a database of clients and/or orders, you must keep a backup on your own machine. Subscribers agree that Red-fern Media Solutions Ltd has the right to delete all data, files, or other information that is stored by us upon termination of services, or cancellation of account due to non-payment or breaking of any of these terms by subscriber.

SECURITY

While Red-fern Media Solutions Ltd makes all efforts to ensure the services we provide are both secure and robust, we make no claims about this security. If someone gains unauthorised access to your account they may/may not have access to customer details such as payment information, this is your responsibility. Hacking is a serious crime and effects most businesses. Should Red-fern Media Solutions Ltd and/or any system provided by Red-fern Media Solutions Ltd suffer a breach of security we cannot be held responsible. It is the client’s responsibility to delete credit card information after processing it.

RED-FERN MEDIA SOLUTIONS LTD RIGHTS

Red-fern Media Solutions Ltd wants your voluntary feedback and suggestions on the Services we provide so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Red-fern Media Solutions Ltd needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to Red-fern Media Solutions Ltd concerning the Services we provide, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Red-fern Media Solutions Ltd and its affiliated companies permission to:

Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.

Red-fern Media Solutions Ltd is under no obligation to post or use any materials you may provide and may remove such materials at any time at Red-fern Media Solutions Ltd sole discretion.

INDEMNIFICATION

You will indemnify Red-fern Media Solutions Ltd against all claims, costs, expenses or liability resulting from your use of the service provided. This includes reasonable attorney's fees asserted against Redfern Media, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employees or assigns.. 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.

PAYMENT POLICY

Charges for services to be provided by Red-fern Media Solutions Ltd are defined in the Client Order. Payment for services is due by credit card, or paypal, and all payments are subject to the Terms and Conditions posted on Red-fern Media Solutions Ltd site at www.my-shopsonline.co.uk.

Unless otherwise agreed in writing, fees will be due from the date that your order is placed.

Red-fern Media Solutions Ltd reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of one year from the purchase of your account, excluding government charges such as tax which can change out of the control of Redfern Media.

In addition, Red-fern Media Solutions Ltd reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a cancellation request; the Customer can request cancellation of their account and will be billed up to the first day of the following month.

All Charges are exclusive of VAT and any other applicable purchase tax, import, and all other duties. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions.

You agree to pay Red-fern Media Solutions Ltd a minimum sum equivalent to the total of 6 monthly payments prior to cancellation.

CANCELLATION OR TERMINATION
You have the right to terminate your contract at any time. You are not tied in to any fix term contract. Once you have made a monthly subscription payment you have the rights/license to use our software for the whole month. If you wish to cancel your subscription you will be you can do so at any time through your paypal account. Once you have cancelled your subscription you will be unable to use our software and the website will shutdown.

Red-fern Media Solutions Ltd retain the right to terminate the agreement as detailed in these terms of conditions, in which case we shall have no further obligations to the Client nor any obligation to provide the Client work that had been commenced or completed prior to termination.

Where all the terms of conditions have been met the Domain name will be released for transfer.

NON-PAYMENT OR LATE PAYMENT
Red-fern Media Solutions Ltd will not commence work with respect to any Client Order or, if work has commenced, will not continue any work on the Client Order, if it is unable to charge the Client’s credit card or to receive payment from the Client within (3) business days after Red-fern Media Solutions Ltd notifies Client by email concerning non-payment.

Red-fern Media Solutions Ltd will impose a finance charge of 1.5% per month and a £10.00 per month late fee for each month that Client has not paid any outstanding balances owed under the Client Order. Clients with accounts in default agree to pay Red-fern Media Solutions Ltd reasonable expenses, including attorney fees and costs for collection by third-party agencies, incurred by Red-fern Media Solutions Ltd.

DOMAIN NAMES

Red-fern Media Solutions Ltd will either use a pre-registered domain name supplied by you, or register a domain name of your choice. We make no representation that the domain name you wish to register is capable of being registered or that it will be registered. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk. You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.

The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.

New domain names will be registered by us with Nominet UK on the terms and conditions published at http://www.nominet.org.uk.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. Red-fern Media Solutions Ltd shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.

WEB DESIGN & DEVELOPMENT

We will design and construct web page(s) for you according to your specifications as set forth in a client order to be completed and submitted by Client (the “Client Order”) and subject to these Terms and Conditions (this “Agreement”). Upon fulfilment of the Client Order, Red-fern Media Solutions Ltd will provide the Client with all relevant access details.

SEARCH ENGINE OPTIMISATION AND ADDITIONAL SERVICES
We provide no guarantee whatsoever upon search engine optimisation. We will use our best endeavour to ensure that the web site delivered is optimised by design. Further SEO services regarding search site optimisation but these also exclude any guaranteed performance.

COPYRIGHT

It is the clients responsibility to ensure that copyright is not being breached for all data, files and graphic logos provided, and grants Red-fern Media Solutions Ltd the rights to publish and use such material in fulfilment of the Client Order. Artwork and graphic logos designed by Red-fern Media Solutions Ltd for use in the Client’s Web presentation will remain the property of Red-fern Media Solutions Ltd; and at its discretion and under separate agreement, Red-fern Media Solutions Ltd will grant the Customer rights to use such material in formats other than Web presentations.

Client must obtain permission and rights to use any information or files that are copyrighted by a third party and for Red-fern Media Solutions Ltd to include such materials in fulfilment of the Client Order. Client agrees to indemnify and hold harmless Red-fern Media Solutions Ltd from any and all claims resulting from the Client's negligence, intentional failure or inability to obtain proper copyright permissions. Client represents and warrants to Red-fern Media Solutions Ltd that all such permissions have been obtained, and evidence of all necessary permissions may be requested from Client.