Article 1: General

1.1        These Terms of Service do apply to any and all use of the Service, a MediaDentity, any Submitting of Content and Materials and any and all Agreements.

1.2       The applicability of any other terms and conditions of any User or third party is expressly excluded.

1.3        MediaDentity has the right to modify these Terms of Service at its sole discretion. Any modifications will also be applicable after the expiration of 30 (thirty) days after notification by e-mail or on the MediaDentity website or on a later date if mentioned in such notification.

Article 2: Agreements

2.1        Any Agreement with MediaDentity is only validly entered into after the express acceptance and confirmation of either the opening of an account and/or the Submitting of Content or Materials.

2.2        MediaDentity shall at all times, at its sole discretion, be entitled to refuse to accept any User and/or any Submitting of any Content or Materials. MediaDentity will not be under any obligation to provide any explanation or motivation therefore.

Article 3: Rights and obligations of MediaDentity

3.1        MediaDentity will use all reasonable efforts to offer a continuing availability of the Service. MediaDentity grants the User the right to use the Service in accordance with the terms and conditions of any applicable Agreement and these Terms of Service.

3.2        MediaDentity expressly disclaims that the Service will at all times be available and/or that Submitting or e-mail traffic can always be properly processed. By its nature, the Service is not free from interruptions or break downs. Circumstances that may cause an interruption or break down of the Service are, among others, failures in Internet connections, failure of a telecommunications network, power-outages and disruptions of the Service.

3.3        MediaDentity reserves the right to modify or enhance the Service, without prior notification of the User.

3.4        At all times, MediaDentity has the right, at its sole discretion and without prior notification of the User, to (a) t erminate or suspend access to a MediaDentity, or (b) modify or remove, either in whole or in part, (i) any name of a MediaDentity, (ii) any MediaDentity or (iii) any Content or Materials as offered or published by third parties at a MediaDentity or elsewhere on the MediaDentity website, including but not limited to situations in which such name, MediaDentity or Content or Materials may be in conflict with applicable laws or regulations, interests of third parties and/or any applicable contractual provisions of MediaDentity. MediaDentity will not be under any obligation to provide any explanation or motivation for any such modification or removal.

Article 4: User obligations

4.1        The User will at all times (i) use the Service in an appropriate manner, respecting the reasonable interests of MediaDentity and any third parties, (ii) comply with applicable laws and regulations and (iii) act as a responsible user of the Internet. The User shall immediately notify MediaDentity of any forms of abuse of the Service to MediaDentity.

4.2        The User will in any case refrain from:

• 1. Submitting of Content or Materials, which violate works protected by copyright or otherwise infringe intellectual property rights or other rights of third parties.
• 2. Submitting Content or Materials in which third parties are threatened or which is offensive to third parties;
• 3. Offending, stalking or inappropriately approaching or otherwise disturbing other Users;
• 4. Approaching other Users for commercial or business purposes, without the prior written consent of MediaDentity;
• 5. Placing advertisements or commercial messages on a MediaDentity, without the prior written consent of MediaDentity, if such is not expressly provided for in an Agreement;
• 6. Publishing illegitimate requests or proposals, including but not limited to, chain letters, junk e-mail, spam and any other unsolicited distribution of information;
• 7. Any improper use of functionalities of the Service for commercial purposes;
• 8. Using or adapting software or undertaking any other activities which might prevent or influence the availability of the Service to other Users in a disadvantageous way;
• 9. Any conduct that is otherwise illegal, criminal or tortuous;    

4.3        MediaDentity has the right to (temporarily) suspend the Service or limit the use thereof if the User is in breach of any obligation under an Agreement or these Terms of Service. MediaDentity will notify the User as soon as reasonably possible. MediaDentity may at its sole discretion decide to reactivate the use of the Service, provided that the User has remedied such breach within a period of time as required by MediaDentity.

4.4        The User shall at all times be responsible and liable for any losses or damages incurred by MediaDentity or any third parties that are caused by breaches as referred to above.

Article 5: Intellectual property rights

5.1        MediaDentity will not be liable for any infringements of intellectual property rights of third parties (caused) by the User. The User indemnifies MediaDentity from and against any and all claims, costs and damages, which are caused by any such infringements.

5.2        The User grants MediaDentity a royalty-free and unrestricted license to use (reproduce, distribute, make derivative works based upon, display or perform) all Content and Materials, which is placed by the User on the MediaDentity website.

Article 6: Liability

6.1        MediaDentity will not be liable for any costs or damages of the User caused by any shortcomings of MediaDentity in the execution of the Service or in its performance of any obligations, including but not limited to (i) any failure or interruption in the availability of the MediaDentity website and/or Service; (ii) any interruption in the Submitting of Content or Materials, (iii) any unauthorised access to or use of the MediaDentity website; (iv) any bugs, viruses or the like which may be transmitted to or through the MediaDentity website by the User or any third party; (v) all other types of behaviour, use or access to the MediaDentity website and/or Service by the User or any third party which leads to any loss or damages which MediaDentity cannot reasonably prevent.

6.2        MediaDentity will not be liable for any costs or damages of the User caused by (i) any Content or Materials submitted to or published at the MediaDentity website by the User or (ii) any use made of the Services by the User. The User indemnifies and holds MediaDentity harmless from and against any and all claims, costs and damages as referred to in the first sentence.

6.3        MediaDentity will not be responsible for and accepts no liability for the security of any data, Content or Materials, which the User has submitted to or stored at the MediaDentity website.

Article 7: Fees and payment

7.1        Unless agreed otherwise by MediaDentity, the User shall pay the fees in accordance with MediaDentity's prices then in effect and in conformity with the applicable Agreement.

7.2        Pricing is determined depending on whether or not the User currently has a website or does not currently have a website - either way, a £299.00 setup fee must be paid to setup the Users account. If the User currently has a website then they can opt to integrate it with MediaDentity CMS and then pay £45.00/month (up to six web pages) for the ability to make text updates and selected set of image updates. Further pages can be added for an additional £8.99/month per page. If the user wishes to add Multimedia functionality to their website then the amount of disk space the User requires must be discussed before a price can be arranged. The User can opt to add visitor Analytics/Statistics to their current package for an additional £10.00/month or as a standalone for £15.00/month. If the User does not currently have a website and wishes for SamSoft Solutions to create one which can then be integrated into MediaDentity CMS then the User will have to contact and discuss their requirements with SamSoft Solutions before any pricing can be arranged.

7.3        The User shall pay the fees within fourteen (14) days after the date of the relevant invoice. MediaDentity is at all times entitled to require payment of (expected) fees in advance or by credit card. The service will be delivered to the user fourteen (14) days after the initial payment.

7.4        For every month or part thereof that payment of fees is overdue, a legal interest will be due and payable and the User will be liable for any judicial and extrajudicial costs of collection. The extrajudicial costs for collection will be 15% of the outstanding amount, with a minimum of £100.

7.5        MediaDentity has the right to set off any amounts due by MediaDentity with any outstanding or expected fees payable by the User.

7.6        MediaDentity has the right to change its fees from time to time. A User is only entitled to terminate an Agreement, if fees are raised with more than 15%.

7.7        The transaction currency will be in Pounds Sterling (GBP).

Article 8: Term and Cancellation

8.1        Unless otherwise provided for, an Agreement shall be for an initial term of one (1) year and shall be automatically renewed for subsequent terms of one (1) year, unless terminated by either MediaDentity or the User by giving two (2) months written notice prior to the expiration of the relevant term.      

8.2        At all times, MediaDentity have the right to terminate an Agreement by giving the User a thirty (30) days written notice.

8.3        MediaDentity has the right to terminate an Agreement for cause with immediate effect and without notice if (i) the User is in breach of any obligation and has failed to remedy such breach within seven (7) days after notification thereof by MediaDentity, (ii) the User may become insolvent or bankrupt.

 Article 9: Refunds and Returns

• MediaDentity shall be under no obligation to refund/return any fees paid by the User under any circumstances. However, in the event that MediaDentity determines that your are entitled to a refund of all or part of such fees, any refund shall only be made to the credit card account originally used by you to purchase your MediaDentity within thirty (30) days of your refund request.

Article 10: Final provisions

10.1    These Terms of Service shall be solely governed by U.K. law.

10.2    Any dispute between parties which results from this Agreement / Terms of Service, shall be decided exclusively by the competent judge in the U.K., or at MediaDentity's discretion be submitted to the National Mediation Helpline at www.nationalmediationhelpline.com for mediation and/or arbitration.