Terms of Service | Terms of Service |
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These terms and conditions (“Terms of Service”) set out the terms on which Wynchcote Limited (“the Company”) supplies all services. No variation to the Terms of Service will be binding on the Company unless set out in writing and accepted by an authorised representative of the Company. We have tried to describe the Company's Terms of Service using Plain English. If any Customer does not understand them, then they are invited to contact us for a full explanation. Contents The sections of this document are: To view a section select one of the links above. To view all sections at once select File followed by Print Preview from your browser menu. If you wish to print a copy of these Terms of Service then select File followed by Print from your browser menu.
A) Standard TermsUpdated 20 January 2010 1. Definitions and Interpretation
1.1 In these Terms of Service the following words shall have the following meanings: “Intellectual Property Rights” means any and all existing and future intellectual property rights whether capable of registration or not and whether registered or not including (without limitation) trademarks, trade names, patent rights, design rights, copyright, moral rights and know-how and (without limitation to the aforesaid) all intellectual property rights in all software, inventions, discoveries, developments, designs, processes, methodologies, concepts or techniques belonging to or developed by the Company or which the Company is authorised to use. “Order Confirmation” means the order confirmation provided to the Customer detailing the Services and any Special Conditions. "Photographs" means all photographic material provided to the Customer by the Company, whether transparencies, negatives, prints or any other type of physical or electronic material. “Services” means the services to be provided by the Company as set out in the Order Confirmation and any additional services to be provided by the Company in accordance with the Terms of Service. “Special Conditions” means any additional terms and conditions applicable to the Contract which will be set out in or attached to the Order Confirmation. "Support Services" means the provision of the following Customer Support Services: a) Online Knowledgebase and User Guides, b) Online Ticket Support Service, c) Telephone Support, d) Email Support. "Templates" means Joomla! templates designed and supplied by the Company. "Third Party Applications" means third party web applications (including Joomla! extensions, components, plugins and/or modules) installed on a web server by the Company on behalf of the Customer. "Websites" means Joomla! website packages pre-configured by the Company.
1.2 The Terms of Service supersede all earlier sets of terms of service and apply to every contract made between the Company and the Customer for the sale or supply of Services. 1.3 In the event of a conflict between the Standard Terms and any other terms set out in these Terms of Service then the Standard Terms of Service shall prevail. 1.4 These Terms of Service take precedence over and exclude any terms and conditions which the Customer may introduce. 1.5 In event of a conflict between the Terms of Service and any terms set out in the Order Confirmation (and any Special Conditions), the Order Confirmation (and Special Conditions) shall prevail. 1.6 These Terms of Service shall not create, nor be deemed to create, any partnership, joint venture or agency relationship between the parties.
2. Contract 2.2 The Company will supply the Services in accordance with the Contract. 2.3 Any prices quoted by the Company in advance of the Order Confirmation shall be an estimate only and shall not constitute an offer to the Customer capable of being accepted. 2.4 Failure or neglect by the Company to enforce at any time any of the provisions of the Contract shall not be construed nor shall be deemed to be a waiver of the Company’s rights hereunder. 2.5 If any provision of the Contract is held by a competent court to be invalid or unenforceable in whole or in part the validity of the other provisions and the remainder of the provision in question shall not be effected and shall remain valid and enforceable. 2.6 The Contract shall constitute the whole contract between the parties and no previous negotiations, quotations, correspondence or other communication prior to the date of the issue of the Order Confirmation shall form part of the Contract. 2.7 The Company shall not be liable for any delay in performing any obligations under the Contract if such delay is due to circumstances beyond its reasonable control and the Company shall be entitled (subject to giving the Customer full particulars of the circumstances and to using its reasonable endeavours to resume full performance without avoidable delay) to a reasonable extension of time for the performance of such obligations. 2.8 The Contract shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English Courts.
3 The Services 3.1 Time for the provision of the Services by the Company shall not be of the essence and whilst the Company will use reasonable endeavours to achieve the agreed dates for the provision of the Services, the Company will not be liable for failure to achieve those dates. 3.2 the provision of the Services may lead to a loss of business operating time or other interruption to service for the Customer or any relevant third party. The Customer acknowledges that such problems cannot be identified by the Company until it has commenced the Services and therefore the Contract Price (or such proportion of the Contract Price as the Company may in its absolute discretion determine) shall still be payable in full by the Customer and the Company shall not be liable to the Customer for any loss suffered by the Customer or any third party in the event of such problems (or similar problems) arising. 3.3 Should further work become necessary or should the required Services be found to be of a substantially different nature to that initially expected, the Company reserves the right to amend the Contract Price and/or charge additional fees in accordance with "Standard Terms Clause 4.3". 3.4 The Company reserves the right to change the dates for the provision of the Services provided that prior notification is given to the Customer. 3.5 Where the Services are to be provided (in full or in part) at the premises of the Customer or a third party, the Customer undertakes to ensure that: 3.5.1 the Company’s representatives have unrestricted and safe access to the relevant premises and working space; and 3.5.2 all relevant security and health and safety rules and procedures are brought to the attention of the Company’s representatives attending the relevant premises. 3.6 Where the Services are to be provided (in full or in part) at the premises of the Customer or a third party, the Customer acknowledges that, when calculating the Contract Price, the Company has assumed that it will have access to such premises without delay or restriction. If as a result of any delay or restriction on the access to such premises, the Company incurs additional expense in providing the Services, the Company shall be entitled to increase the Contract Price in accordance with "Standard Terms Clause 4.3". If the Services cannot be completed as result of access to the premises being restricted or denied, the Contract Price (or such proportion of the Contract price as the Company may in its absolute discretion determine) shall still be payable by the Customer. 3.7 If the Customer does not permit the Company to provide the Services or fails to take all steps within its power to facilitate the provision of the Services, the Company shall be entitled to increase the Contract Price in accordance with "Standard Terms Clause 4.3" and if the Customer fails (after receipt of a written notice requiring it to do so) to permit the Company to perform the Services, the Company shall be entitled to render an invoice as if the Services had been duly completed. Payment shall become due as if the Services had been completed. 3.8 If the work is to be funded by a third party grant provider (“Grant Provider”), the Customer must provide a copy of the relevant authority from the Grant Provider before provision by the Company of the Services. For the avoidance of doubt, the Contract is between the Company and the Customer and the Customer is responsible for payment of all fees payable under the Contract by the relevant due dates and non-payment by the Grant Provider to the Customer will not justify any delay in the payment of the fees to the Company. 3.9 The Customer will indemnify the Company against: 3.9.1 any liability which it may have to any of its representatives who are engaged in providing the Services as a result of the negligence of the Customer, its staff or agents and/or as a result of the Customer’s breach of contract; and 3.9.2 (without prejudice to the generality of the foregoing) any loss or damage which the Company might suffer as a result of the Customer’s breach of "Standard Terms Clause 3".
4 Prices, Charges and Payments 4.1 Unless otherwise stated all fees charged by the Company are not subject to VAT and all estimates are given exclusive of VAT. 4.2 The Customer shall reimburse the Company for all reasonably incurred travel, accommodation and other expenses relating to the provision of the Services. Travel expenses may be waived by the Company in respect of travel incurred by the Company's representatives to and from Customer premises within a 5 mile radius of the Company's Registered Office at the sole discretion of the Company. 4.3 The Company reserves the right to increase the Contract Price to reflect any additional costs or expenses incurred or additional services provided by the Company and in the event that the Customer does not permit the Company to commence or provide the Services (or fails to take all steps within its power to facilitate the performance of the Services); 4.4 Any increase in the Contract Price pursuant to "Standard Terms Clause 4.3" shall be notified by the Company to the Customer in writing and the amount of the increase shall be invoiced to the Customer once the additional costs or expenses giving rise to the increase have been incurred by the Company or the additional Services provided. 4.5 All sums due to the Company from the Customer under the Contract shall be paid without any set-off or counterclaim. 4.6 Unless otherwise stated in the Terms of Service or the Order Confirmation, the Contract Price shall be payable by the Customer 7 days from the date of the Company’s invoice (“the Due Date”). Time for payment shall be of the essence. 4.7 If payment remains outstanding after the Due Date, the Company may suspend all Services in respect of this Contract or any other contract between the Company and the Customer, and/or: 4.7.1 charge the Customer interest on outstanding sums at the rate of 8% per annum above the base lending rate pursuant to the Late Payment of Commercial Debts Act from the Due Date until payment in full is received in cleared funds; 4.7.2 charge the Customer for all costs and expenses incurred by the Company as a result of the Customer’s non-payment and in collecting the outstanding amount due; and/or 4.7.3 terminate the Contract in whole or in part and seek to recover damages for breach of contract. 4.8 All goods and services remain the property of the Company until paid for in full.
4.9 If the Customer requires any alteration to the Services ordered after the supply of the Order Confirmation by the Company, the request must be confirmed by the Company in writing and the Company shall be entitled to increase the Contract Price accordingly. 4.10 Should the Customer become insolvent, be unable to pay its debts as they fall due, (being an individual or partnership) commit any act of bankruptcy, or (being a company) go into liquidation, have a receiver appointed or make any voluntary arrangement with its creditors or suffer any similar action to be taken: 4.10.1 if the Services have been completed but not paid for the Contract Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary; or 4.10.2 if the Services have not been completed the Company shall have the right to determine the Contract and suspend the provision of any further Services and recover from the Customer an appropriate proportion of the Contract Price to reflect the Services provided and all costs incurred by the Company in connection with the Contract.
5 Cancellation / Postponement 5.1 The Customer may not cancel or postpone any Contract except with the written agreement of the Company and on terms that the Customer shall:- 5.1.1 pay for all unpaid work to date; 5.1.2 pay such cancellation or postponement fee as the Company may at its discretion consider reasonable; and 5.1.3 indemnify the Company in full against all loss (including loss of profit), costs (including cost of all time and materials purchased or used), damages, charges and expenses incurred by the Company as a result of such cancellation or postponement.
6 Warranties 6.1 Save as expressly provided in the Contract all warranties, conditions or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law. By signing the Order Confirmation and/or requesting the commencement of the Services, the Customer acknowledges that it accepts the Terms of Service in lieu of all implied terms, conditions and warranties. 6.2 The Company warrants that the Services shall be provided with all reasonable care and skill. 6.3 The Company shall be under no liability under the warranty in "Standard Terms Clause 6.2" (or any other warranty, condition or guarantee) if the Contract Price has not been paid in accordance with the payment terms set out in "Standard Terms Clause 4 Prices, Charges and Payments". 6.4 Any claim for breach of warranty must be notified to the Company within 14 days of discovery of the relevant fault or defect by the Customer. 6.5 The benefit of the warranty contained in "Standard Terms Clause 6.2" shall ensure only for the benefit of the Customer and shall not be assigned, transferred or otherwise dealt with.
7 Liabilities 7.1 Nothing in this Agreement shall exclude or limit the liability of the Company for death or personal injury caused by the negligence of the Company or any representative of the Company. 7.2 The Company shall not be liable to the Customer (or any party represented by the Customer) in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect loss or consequential loss or damage (including (without limitation) loss of profit, loss of revenue, loss of goodwill, loss of business opportunity and loss of contracts). 7.3 Whilst the Company shall comply with its obligations under "Standard Terms Clause 6.2" the Company cannot guarantee the accuracy of the information, reports and advice (“Data”) which it provides in the course of the Services and accordingly the Company cannot accept any liability to the Customer (or any party represented by the Customer) should the Data prove to be inaccurate in any respect. 7.4 Save as provided in "Standard Terms Clause 7.1", in no circumstances shall the Company’s liability to the Customer exceed the amount paid by the Customer in respect of the Services. 7.5 Further and without prejudice to the foregoing the Company shall in no circumstances be liable for any loss or damage covered by insurance or which would normally be covered by insurance or for any loss or damage in excess of the Contract Price paid for the Services and the above limitations shall apply even in the case of a fundamental breach of a fundamental term or repudiation by the Company and even if further performance of the Contract is frustrated. 7.6 The Customer acknowledges that it does not rely on, and waives any claim for, breach of any representations or warranties which have not been confirmed in writing and that advice given by the Company regarding the Services which is not confirmed in writing is followed entirely at the Customer’s own risk. 7.7 The Company shall have no liability to the Customer or any third parties for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
8 Intellectual Property Rights 8.1 Nothing in this Contract shall be construed as assigning to the Customer or granting the Customer any interest in any Intellectual Property Rights in the Services and the Customer shall not at any time in any way question or dispute the ownership by the Company or any other party of the Intellectual Property Rights. 8.2 The Intellectual Property Rights in any material produced in the conduct of the Services are the exclusive property of the Company and the Customer shall not acquire any right, title or interest in such Intellectual Property Rights. 8.3 Any Intellectual Property Rights which are created or contributed to by the Company in the course of providing the Services belong to the Company and the Customer acknowledges that it shall have no right or interest in such Intellectual Property Rights and the Customer shall not be entitled to use it in any other form or in any other media without the Company’s prior written consent. 8.4 Without prejudice to the general rights of the Company under this "Standard Terms Clause 8", any software used or written by the Company during the provision of the Services shall be and shall remain the absolute property of the Company. 8.5 The Company shall retain copyright in all documentation, reports and other material which the Company creates. The Customer will not acquire any intellectual property rights in that publication or material and the Customer will not be entitled to use it in any other form or in any other media without the Company’s prior written consent. 8.6 It is acknowledged by the Customer that there is no warranty either express or implied on the part of the Company that the Customer can make use of the Services free from any infringement of the intellectual property rights of third parties.
9 Notices 9.1 Any notice required to be given under the Contract shall be delivered by hand or prepaid first class recorded delivery post to the address of the relevant party set out in the Order Confirmation. A notice delivered by hand shall be deemed served at the time of delivery and a notice served by pre-paid first class recorded delivery post will be deemed served on the second working day following the date of posting (provided that Saturday, Sunday and English Bank Holidays shall not be working days). B) Web Hosting ServicesUpdated 20 January 2010 The following terms set forth the provisions under which the Company undertakes to provide the Customer with Web Hosting Services. 1 Hosting Account Setup 1.1 The Company will set up the Customer's hosting account ("account") after the Company has received payment. 1.2 It is the Customer's responsibility to provide the Company with an email address which is not at the domain(s) the Customer is signing up under. If there is ever an abuse issue or the Company need to contact the Customer, the primary email address on file will be used for this purpose. It is the Customer's responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of the Customer's account. 1.3 Only annual payments are eligible for a FREE Domain. If the free domain option is not available during checkout; the Customer's payment plan is not eligible for a free domain.
2 Transfers 2.1 The Company's transfers staff may upon request help the Customer move their site to the Company, however, the Company cannot make guarantees of the transfer process. 2.2 The Company provides this as an occasional courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured differently. The Company may in some cases be unable to assist the Customer in a transfer of data from an old host.
3 Content 3.1 The Customer agrees that web pages and files uploaded to the Company's servers will not violate any local, national or foreign laws or regulations; infringe upon any intellectual property rights of the Company or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to the Company or any third party. 3.2 Use of the Company's services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The Company will remove or block access to any hosted content upon notice of copyright infringement. Use of the Company's servers for the offer of sale of any counterfeit merchandise of a trademark holder is prohibited. 3.3 Examples of unacceptable material on all shared hosting servers include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), locally hosted chat scripts, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites (including search or embedded browsing sites), Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. 3.4 The Customer agrees only to use properly licensed third party software on the Company's servers. 3.5 The Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including cost of all time and materials purchased or used), damages, charges and expenses incurred by the Company as a result of any infringement of copyright relating to material (text, graphics, images, audio, video and/or other type of electronic media) used as part of a Website hosted by the Company on behalf of the Customer.
4. Child Pornography 4.1 The use of the Company's systems to store, post, display, transmit, advertise or otherwise make available child pornography or content perceived to be child pornography is prohibited. The Company is required by law to notify the Police if it becomes aware of the presence of child pornography on, or being transmitted through the Company's systems.
5 Adult Content 5.1 The use of the Company's systems to store, post, display, transmit, advertise or otherwise make available adult content on the Company's servers, or posting links to adult content, through the Company's servers is prohibited. All material of pornographic nature is considered adult content. 5.2 Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
6 SPAM 6.1 The Company takes a zero tolerance stance against sending of unsolicited e-mail, bulk email, chain letters, junk mail and spam. "Safe lists" and "double opt-in" will be treated as spam. The Company reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. 6.2 Sites advertised via SPAM (Spamvertised) may not be hosted on the Company's servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on the Company's servers. Any account which results in the Company's IP space being blacklisted will be immediately suspended and/or terminated. 6.3 The Company reserves the right to charge the Customer whose account was used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of the Company.
7 Viruses and other Destructive Activities 7.1 The use of the Company's systems for creating or sending malicious, destructive or nuisance code, examples of which but are not limited to, viruses, worms, Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited.
8 Data Warehousing 8.1 The servers provided by the Company are intended for serving web documents and self-need email / FTP services only. Any use of the Company's servers for offsite electronic file storage, data warehousing, backup data storage, mirror sites, any form of data file storage or management, or as a provisioning service for third party email or FTP hosts is prohibited. 8.2 All downloadable files or files stored by the Customer on the Company's servers must be available for download via a HTML document stored on the server in a publicly or privately accessible area, and must be directly related to the general nature of the Customer's website index.
9 Monitoring and Management of Abuse 9.1 The Company will be the sole and final arbiter as to what constitutes a violation of the Company's Web Hosting Services terms and conditions. 9.2 In the event of any violation by the Customer of the Company's Web Hosting Services terms and conditions the Company reserves the right to immediately suspend or terminate the Customer's account. 9.3 All abuse issues must be dealt with via support ticket or email to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . Failure to respond within 48 hours to email from the Company will result in the suspension or termination of the Customer's account. Time shall be of the essence. 9.4 Repeated violation by the Customer of the Company's Web Hosting Services terms and conditions will result in immediate termination by the Company of the Customer's account without notice.
10 Backups and Data Loss 10.1 The Customer's use of the Company's Web Hosting Services is at the Customer's sole risk. The Company is not responsible for files and/or data residing on the Customer's account. 10.2 The Company does not take backups of Customer websites. The Customer agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the Company's servers.
11 Hosting Plan Services Payment Information 11.1 The Customer agrees to supply appropriate payment for the Hosting Plan Services received from the Company, in advance of the time period during which Hosting Plan Services are provided. 11.2 The Customer agrees that until and unless the Customer notifies the Company of the Customer's desire to cancel any or all Hosting Plan Services received, those Hosting Plan Services will be billed on a recurring basis. 11.3 As a client of the Company, it is the Customer's responsibility to ensure that the Customer's payment information is up to date, and that all invoices are paid on time. The Company provides a 10 day grace period for Hosting Plan accounts from the time the invoice is due and when it must be paid. Any invoice that is overdue for more than 10 days and not paid will result in an account suspension until account balance has been paid in full. 11.4 Once the account has been suspended the Customer will have 30-days to pay their unpaid invoice. If the invoice is not paid within 30-days of the due date the account will be automatically terminated and all data will be lost. 11.5 Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. 11.6 The Company reserves the right to change the amount of annual and monthly Hosting Plan fees at any time.
12 Cancellations and Refunds 12.1 The Company reserves the right to cancel the Customer's account at any time with or without notice. 12.2 Customer requests for cancellation of Hosting Plan Services must be notified to the Company by the Customer in writing. Once the Company receives the Customer's cancellation request and has confirmed all necessary information with the Customer via e-mail, the Company will inform the Customer that their account has been cancelled. At this time, the Customer's account with the Company has been cancelled. 12.3 The Company gives the Customer an unconditional 30-day money back guarantee on shared Hosting Plans when hosting is provided on annual payment terms. There are no refunds on administrative fees, install fees for custom software, or domain name purchases. 12.4 Only first-time Hosting Plan accounts are eligible for a refund. For example: 12.4.1 if the Customer previously had a Hosting Plan account with the Company, subsequently cancelled the account and then signed up for an account again, then the Customer will not be eligible for a refund; 12.4.2 if the Customer signs up for a second Hosting Plan account with the Company then the Customer will not be eligible for a refund. 12.5 Violations of the Terms of Service will waive the refund policy.
13 Price Change 13.1 The Company reserves the right to change prices listed on the Company's website(s), and the right to increase the amount of resources given to hosting plans at any time.
14 "Fair-Use" of Server Resources 14.1The Company offers high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, email or FTP accounts. The intention of the Company is to provide ample resources for Customer convenience, so that the Customer need not worry about exceeding limits. 14.2 It is also acknowledged by the Customer that the Company's resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. The Customer acknowledges that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. The Company takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by the Customer that all of the Company's provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with other users. The Company use this business model in order to offer web hosting services en masse at inexpensive and affordable rates. 14.3 It is acknowledged by the Customer that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, the Company reserves the right to limit the Customer using the affected machine to a lower limit to preserve the effectiveness of the service for all customers. If a particular Customer is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that Customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of the Company. 14.4 If a "Fair-Use" infringement occurs, the determination of which is at the Company's sole discretion, the Company may remove files from or reduce access to the Customer's account to an extent as determined by the Company in order to restore full serviceability to other customers affected by the infringement. The Company will notify the Customer of any actions that the Company may take.
15 Resource Usage Limitations 15.1 The Customer agrees not to: 15.1.1 use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems (these include: CGI scripts, FTP, PHP, HTTP, etc); 15.1.2 run stand-alone, unattended server-side processes at any point in time on the server (this includes any and all daemons, such as IRCD); 15.1.3 run any type of web spider or indexer (including Google Cash / AdSpy); 15.1.4 run any software that interfaces with an IRC (Internet Relay Chat) network; 15.1.5 run any bit torrent application, tracker, or client (Customers may link to torrents off server, but must not host or store them); 15.1.6 participate in any file-sharing/peer-to-peer activities; 15.1.7 run any gaming servers such as counter-strike, half-life, battlefield1942, etc; 15.1.8 run cron entries with intervals of less than 15 minutes; 15.1.9 run any scripts, executables, or other programmes or processes that will in any way adversely affect the performance of the Company's servers. 15.2 When using PHP include functions for including a local file the Customer should include the local file rather than the URL. Example: Use ("include.php") instead of ("http://yourdomain.com/include.php").
16 INODES
16.1 Unlimited Hosting Plans Only 16.1.1 The Customer may use an unlimited number of INODES. 16.2 Hosting Plans (excluding "Unlimited Hosting Plans") 16.2.2. The use by the Customer of more then 50,000 INODES will result in the Customer's account suspension. Accounts found exceeding 50,000 INODES will not be backed up on the Company's backup servers. An INODE is the actual file or directory and not the size of that file or directory. For example the index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.
17 Bandwidth Usage
17.1 Unlimited Hosting Plans Only 17.1.1 The Customer may use an unlimited amount of monthly bandwidth. 17.2 Hosting Plans (excluding "Unlimited Hosting Plans") 17.2.1 The Customer is allocated a monthly bandwidth allowance. This allowance varies depending on the hosting plan the Customer purchases. 17.2.2 Should the Customer's account pass the allocated amount the Company reserves the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until the Customer upgrades to a higher level of package, terminate the account and/or charge the Customer an additional fee for the overages. 17.2.3 Unused transfer in one month cannot be carried over to the next month.
18 Change of Nameservers 18.1 In cases of new hosting plan accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to the Company's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers cannot be changed at all. 18.2 Due to the unpredictable nature of the nameserver change process, no guarantees are made by the Company regarding the amount of time it may take to make a specific nameserver change. At the request of the Customer, nameserver change of domain names may be undertaken by the Company's employees on the Customer's behalf. In such cases, a successful change of nameservers cannot be guaranteed by the Company, as it solely depends upon cooperation by the domain name registration's registrar.
19 Network IP Address Ownership 19.1 If the Company assigns the Customer an IP address for use with the Customer's account, the right to use that IP address shall belong only to the Company and the Customer shall have no right to use that IP address except as permitted by the Company. 19.2 The Company shall maintain and control ownership of all IP numbers and addresses that may be assigned to customers by the Company. The Company reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
20 Disclosure to Law Enforcement 20.1 The Terms of Service specifically prohibit the use of the Company's services for illegal activities. The Customer agrees that the Company may disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the Customer. C) Domain Name ServicesUpdated 22 February 2010The following terms set forth the provisions under which the Company undertakes to provide the Customer with Domain Name Services.
1. Domain Name Registration 1.1 The Company provides domain registration and renewal on behalf of the Customer with a registrar selected by the Company. 1.2 The use of the Domain Name Related Services is regulated by ICANN, the registrar and the applicable laws. For more information about the ICANN terms please read: ICANN Policy: http://www.icann.org/dndr/udrp/policy.htm 1.3 By registering, maintaining or renewing a domain name, the Customer guarantees that all of the following requirements are met: 1.3.1 the registration of the domain name does not infringe the right of any third party; 1.3.2 the domain name is not registered for unlawful purposes; 1.3.3 the domain name will not be intentionally and knowingly used in violation of any applicable laws or regulations. 1.3.4 the information that the Customer provided upon sign-up and in Company's Client Area is complete and accurate. These details will be used to register the Customer's domain name and will appear in the domain name WhoIs engines. 1.4 The Customer is solely responsible for investigating and determining whether the registration of his/her domain name infringes or violates the rights of any third party.
2. Free Domain Name Registration and Renewal 2.1 The registration and the renewal of the Customer's domain name will be included in the initial and renewal hosting fee when the Customer purchases a Hosting Plan account from the Company and will not be subject to additional fees only if the domain name meets all of the conditions below: 2.1.1 the domain name registration is requested by the Customer at the time of the initial Hosting Plan account setup; 2.1.2 the domain name is used as the main domain for the Hosting Plan account throughout the whole duration of the hosting service; 2.1.3 the Customer requests the domain renewal of a .com, .net, .org, .biz, .co.uk or .org.uk domain no later than 29 days after its expiration day before the domain name redemption period starts; 2.1.4 the Customer requests the domain renewal of a .info domain no later than 10 days after its expiration day before the domain name redemption period starts. 2.2 In case the renewal request of a free domain name is received during the domain name redemption period the appropriate redemption fee must be paid by the Customer. 2.3 In case of a legitimate refund request for a Hosting Plan account which includes a free domain registration by the Company then the Company will not refund £14.95 in respect of the annual domain name registration fee. If renewal of the domain name is later requested by the Customer then the annual renewal fee shall become due.
3. Domain Name Registration Additional Terms 3.1 The Customer is solely liable to immediately inform the Company of any domain name expiration, late renewal, registration, maintenance or management issues. The Company shall not be liable for any loss or damage resulting from any kind of domain name issues (including but not limited to undue domain expiration, late domain name renewal, registration, maintenance or management issues) that were not immediately reported by the Customer by posting a ticket in the corresponding category of the Company's Support Ticket system. 3.2 The Company will act in good faith to investigate and resolve reported domain name issues (including but not limited to undue domain expiration, late domain name renewal, registration, maintenance or management issues) in the time frame expected by the Customer and to achieve the results required by the Customer. However, The Company has no liability or obligation to achieve any particular outcome or result or resolve domain name issues by any deadline. The Company shall have no liability or responsibility for any damage, loss of data, loss of use or any other loss or damage occurring in connection with any domain name issue. The Company provides technical support in best interest of the Customer and cannot guarantee the successful outcome or result of any operation. 3.3 Each domain ordered by the Customer is registered on behalf of the Customer and the Customer's personal details are used for its registration. 3.4 The Customer can transfer the domain name registered by the Company to another domain name registrar at any time. 3.5 The Customer shall be solely liable for making any changes in the DNS settings of any domain name in his/her account and any consequences following thereof. In the event that the Customer requests the Company to change the DNS settings of a domain name on the Customer's behalf, the Customer will indemnify the Company for any liability for such actions and any consequences that might follow thereof. 3.6 The Customer agrees that in the event that any Hosting Plan fees associated with the domain name are reversed or refunded then the domain name becomes the property of the Company and the Customer loses any rights over the domain name and any services associated with it. The Customer may re-gain property of the domain name if the Customer pays in full all due fees for the domain name and the services associated with it. 3.7 The Company shall not be liable in the event that during the time period needed for the Customer to fulfill the requirements described in "Domain Name Services Terms Clause 3.6" above the domain name has either been deleted, has expired or has entered the Redemption period. 3.8 The Company shall not be liable for the registration, maintenance or management of any domain name, until it has been successfully registered by the Company on behalf of the Customer and appeared as such in the Company's corresponding Client Area for the Customer. 3.9 The Customer acknowledges that non-registered domain names are available for registration to the general public and that the Company shall not be responsible for and cannot guarantee that any domain name of the Customer's choice will be available for registration by the Customer.
4. External Domain Names 4.1 Associating domain names, which are not registered by the Company, with the Customer's shared hosting account is done at the Customer's own risk. 4.2 The Customer is solely responsible to use only domain names that are compatible with the service of the Company and to manage them in compliance with all legal and technical requirements. 4.3 The Customer is solely responsible to keep the DNS settings of the external domains up to date with the recommended DNS setting provided by the Company in the Company's Client Area. 4.4 The Customer agrees to regularly review the DNS information posted in the Company's Client Area and be aware of the changes made. 4.5 The Company cannot be held liable for any faults in the domain names functionality or for any faults in the hosting, email or other services provided by the Company which result from a failure of the Customer to manage its external domain in compliance with all legal and/or technical requirements including but not limited to: wrong DNS servers setup, misspelled domain names, expired domain names.
5. Right of Refusal 5.1 The Company reserves the right to refuse to register or reserve any domain name and any associated services upon the Company's sole discretion. 5.2 The Customer agrees that the Company shall not be liable for any loss or damages that may result from the Company's refusal to register and reserve a domain name or provide any associated services.
6. Selection of a Domain Name 6.1 The Company shall not be liable if any domain name of the Customer or its use infringes the legal rights of any third party. 6.2 The Company shall have no obligations to check whether any domain name of the Customer complies with all legal regulations and does not infringe the legal rights of any other party. 6.3 The Company recommends that the Customer seek legal advice and/or investigate the legal requirements and specifications, associated with the use of any domain name and make sure it does not violate any trade mark or copyrights. 6.4 The Customer acknowledges that in the event that a third party proves the rights over a domain name of his choice, the Company or its Registrars shall be ordered by a court to cancel, modify or transfer the domain name in question. 6.5 The Customer agrees that in case the Company is either sued or threatened by a lawsuit in reference to the Customer’s domain name, then the Customer will hold the Company harmless and indemnify the Company.
7 Price Change 7.1 The Company reserves the right to change Domain Name prices listed on the Company's website(s) at any time. D) Design ServicesUpdated 20 January 2010The following terms set forth the provisions under which the Company undertakes to provide the Customer with Website and Template Design Services. 1. License and Copyright 1.1 Joomla!® 1.0 and Joomla!® 1.5 Content Management System 1.1.1 Websites installed on a web server by the Company on the Customer's behalf are powered by either the Joomla! 1.0 or Joomla! 1.5 Content Management System. Joomla! is Copyright 2005 Open Source Matters. 1.2 Third Party Applications 1.2.1 The copyright of Third Party Applications installed on a web server by the Company on behalf of the Customer belongs to the Third Party. 1.2.2 The Customer is advised to consult the owner of the copyright of Third Party Applications before using Third Party Applications to ensure they are not in breach of copyright requirements. 1.2.3 The Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, costs, losses and claims arising from use of Third Party Applications installed on a web server by the Company on behalf of the Customer. 1.3 Templates 1.3.1 The Company is the sole owner of copyright and all other rights to Templates designed and supplied by the Company. The Templates remain the property of the Company and are licensed to the Customer. The Customer may not claim intellectual or any exclusive ownership of any rights to the Company's Templates, modified or unmodified in full or in part. The Company reserves the right to re-develop, change, withdraw and release Templates without prior notice. The Customer agrees that the Company may include development credits and/or links to the Company's offers in the Templates. 1.3.2 These Terms of Service grant a non-exclusive limited license so that the Customer can use the Templates supplied and/or installed with a Website on one Website on one domain name only. 1.3.3 The Customer may not use the Templates supplied and/or installed with a Website for two different Websites hosted on the one domain name. 1.3.4 If the Customer wishes to use the Templates on an additional Website on a domain name, then the Customer must purchase additional Templates to allow the Customer an additional license otherwise the Customer will be violating these Terms of Service. 1.3.5 The Company's Templates do not contain Joomla!® software. The Customer must own a fully licensed version of Joomla! software obtained separately to use the Templates. 1.3.6 The Customer must not place the Company's Templates or code, modified or unmodified, in full or in part on any diskette, CD, DVD, email, web site, site builder, server or any other medium and offer them for redistribution, lending, rental, resale, free offer, give away or redistribution of any kind without prior written consent from the Company. 1.3.7 The Customer must not sub-license, assign or transfer the license on these Templates to anyone else without prior written consent from the Company. 1.3.8 The Customer may retain one copy of the Templates for their own archive and reference purposes, which must not be redistributed, lent, rented or resold in any manner. 1.3.9 The Company reserves the right to reproduce any of its artwork, including Templates, for promotional purposes.
2. Material 2.1 The Company reserves the right to refuse to supply Websites and/or Templates and/or install Third Party Applications for a Customer's site which it deems is, including but not limited to, unlawful or inappropriate; constitutes harassment, racism, violence, obscenity, harmful intent, spamming or commits a criminal offence, infringes privacy or copyright. The Company reserves the right without notice to cancel, reject or refuse work with a Customer's site without reason for such rejection or refusal. 2.2 It is the responsibility of the Customer to ensure that no copyright infringement will occur in the use of any material (text, graphics, images, audio, video and/or other type of electronic media) supplied by the Customer for use as part of a Template and/or Website. 2.3 The Customer will not hold the Company responsible for any infringement of copyright relating to material (text, graphics, images, audio, video and/or other type of electronic media) used as part of a Template and/or Website. Refunds will not be made in the event of copyright infringement. 2.4 The Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including cost of all time and materials purchased or used), damages, charges and expenses incurred by the Company as a result of any infringement of copyright relating to material (text, graphics, images, audio, video and/or other type of electronic media) used as part of a Template and/or Website designed by the Company on behalf of the Customer. 2.5 The Company will do its best to ensure that the Company's designs are original and do not infringe upon any existing trademarked design. Should this unlikely event occur then the limit of the Company's liability is the price of the Template and/or Website supplied.
3. Custom Design Process 3.1 Design Request The Company will invite the Customer to submit a Design Request Form for a custom Template and/or custom Website design. In completing the Design Request Form and submitting it to the Company the Customer is giving consent to be contacted by the Company to discuss their requirements. Use of the Design Request Form does not constitute a legally binding contract between the Company and the Customer. 3.2 Design Consultation A representative of the Company will make reference to the Design Request Form during the consultation process. Prior to communication of the Formal Design Quote by the Company to the Customer the Company reserves the right to amend the design costs. 3.3 Order Confirmation
3.3.1 Formal Design Quote The Company will send a Formal Design Quote to the Customer following the consultation process, setting out the Design Work to be undertaken, design cost, terms of payment and Payment Schedule. 3.3.2 Customer Acceptance of the Formal Design Quote The Company will commence undertaking Design Work when by means of written communication the Customer confirms their acceptance of the Company's Formal Design Quote and makes payment of the non-refundable deposit amount due in accordance with the Payment Schedule contained therein. 3.4 Payment Schedule The Design Process will be undertaken by the Company in stages. Payment for Design Work at each stage will be made by the Customer prior to commencement of the associated Design Work. Time for payment shall be of the essence. 3.5 Design Process Termination The Design Process will terminate at the Design Process Completion Date as specified in the Formal Design Quote or at any time prior to the Design Process Completion Date upon receipt by the Company of a written request from the Customer. All liabilities for errors, changes, or alterations become the responsibility of the Customer after the Design Process Completion Date or prior date of termination. 3.6 Design Alterations 3.6.1 Converging Design Alterations Notwithstanding "Standard Terms Clause 4.9" the Customer may request minor design alterations without charge prior to the agreed Design Process Completion Date providing the Customer gives clear and concise feedback and the alteration is reasonably determined by the Company in its sole discretion to result in convergence of the design process. 3.6.2 Diverging Design Alterations If any design alteration requested by the Customer prior to the agreed Design Process Completion Date is reasonably determined by the Company in its sole discretion to result in divergence of the design process then the Company will quote separately for any work needed to complete the requested design alterations. 3.6.3 Design Alterations after the Design Process Completion Date If design alterations are requested by the Customer after the Design Process Completion Date then the Company will quote separately for any work needed to complete the requested design alterations.
4. General Information 4.1 The Company designs Templates and/or builds Websites for the latest release of Joomla! 1.0 or Joomla! 1.5 at the time of sale. 4.2 Should the Customer upgrade their Joomla! software in future to a different patch, release or version number of Joomla! which affects the functionality of the Templates and/or Websites the Company reserves the right to quote separately for any work needed to upgrade the Templates and/or Websites. 4.3 The Customer acknowledges that all Templates are built using CSS/HTML/PHP and do not use HTML tables for the layout, so if the Customer wishes to edit the Templates they will need an understanding of CSS/HTML/PHP layout. Alternatively, the Company reserves the right to quote for making changes for the Customer. 4.4 When Templates and/or Websites (database and associated files) are supplied for installation on a web server by the Customer the Templates and/or Websites and installation instructions will be made available for download from the Company's website after the purchase transaction has been completed. The Company reserves the right to quote separately for any additional support required by the Customer in respect of Template and/or Website installation. 4.5 When Templates and/or Websites (database and associated files) are installed on a web server by the Company on behalf of the Customer the Customer agrees to take full responsibility for making an appropriate backup copy of all files and data installed on the web server by the Company on the Customer's behalf. 4.6 The Customer is permitted to customise the Templates code to meet the Customer's requirements. The Company does not support any changes the Customer makes to the Templates. If the Customer make any coding changes and need assistance, then the Company reserves the right to quote separately for any any additional support required by the Customer. Any changes or customisations the Customer requests the Company to make to the Templates will be quoted for separately by the Company.
5. Browser Compatibility and Setup Changes 5.1 The Company shall make every effort to ensure Templates work with the latest release of the main browsers Internet Explorer and Mozilla Firefox at the date of the Company's invoice. The Customer acknowledges that the Company cannot guarantee correct functionality with all browser software across different operating systems. 5.2 The Customer accepts that any of the following may affect the functionality and display of their Templates after the date of the Company's invoice: 5.2.1 updated software of the main browsers Internet Explorer and Mozilla Firefox, 5.2.2 domain name setup changes. or 5.2.3 hosting setup changes. 5.3 The Company reserves the right to quote for any work involved in changing the Templates for them to work with updated browser software, domain name setup or hosting setup changes.
6. Payment and Refunds 6.1 The Company requires payment to be received in full from the Customer before sending Templates and/or Websites to the Customer or installing Templates and/or Websites on a web server on behalf of the Customer. 6.2 The Company requires payment by the Customer of a non-refundable deposit of one half of the total cost of Design Work to be undertaken by the Company when the Customer requests custom design of Templates and/or Websites. 6.3 The Company requires payment to be received in full from the Customer before sending custom design Templates and/or Websites to the Customer or installing custom design Templates and/or Websites on a web server on behalf of the Customer. 6.4 The Company offers Templates and/or Websites and the service of installing Templates and/or Websites on a web server as non-tangible irrevocable goods. Due to the digital nature of the Templates and/or Websites and the service of installing Templates and/or Websites there will be no refunds once the Customer has been sent the Templates and/or Websites or the Company has installed the Templates and/or Websites on a web server on behalf of the Customer. 6.5 If the Customer purchases something in error and the Templates and/or Websites have not yet been sent to the Customer or the Templates and/or Websites have not yet been installed on a web server by the Company on behalf of the Customer then the Customer may contact the Company to apply for a refund or exchange at the Company's sole discretion. 6.6 If Templates and/or Websites have been sent to the Customer or Templates and/or Websites have been installed on a web server by the Company on behalf of the Customer then no refunds are offered. All sales are final.
7. Liability and Warranty Disclaimers 7.1 The Company's Templates and/or Websites are provided on an "as is" basis without warranty of any kind, either expressed or implied. The Company does not give warranty of suitability for a particular purpose nor is there any warranty that these Templates and/or Websites meet the Customer's requirements. 7.2 Once the Company sends the Templates and /or Websites to the Customer or installs the Templates and/or Websites on a web server on behalf of the Customer, the Customer shall assume entire responsibility in ensuring that all Templates and/or Websites are functioning correctly before use. 7.3 The Company shall have no liability to the Customer or any third parties for any damages, including but not limited to, errors, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these Templates and/or Websites even if the Company has been advised of the possibility of such damages. 7.4 The Company shall have no liability to the Customer or any third parties for any errors or problems caused by or associated with Joomla! software and/or Third Party Applications even if the Company has been advised of the possibility of such problems. The Company reserves the right to quote for any additional support which relates to the Customer's Templates and/or Websites as a consequence of such errors or problems. 7.5 The Company shall have no liability to the Customer or any third parties for any HTML / CSS / PHP / MySQL errors or problems which arise if the Customer's customisation of their Website conflicts with the Company's Templates. The Company reserves the right to quote for any additional support which relates to the Customer's Templates as a consequence of such errors or problems. 7.6 The Company cannot guarantee that the display or functionality of the Templates and/or Websites will be uninterrupted or HTML / CSS / PHP / MySQL error free. If HTML / CSS / PHP / MySQL errors are found in the Templates and/or Websites and the release of the main browsers Internet Explorer and Mozilla Firefox are the same as at the date of the Company's invoice then the Company may correct errors at the Company's sole discretion. During any error corrections if an issue arises which does not allow the Templates and/or Websites design or code to match the original specification then the Customer agrees that the Company reserves the right to apply a nearest available alternative solution. 7.7 The Company shall have no liability to the Customer or any third parties if domain name, hosting setup or browser updates adversely affect the Templates and/or Websites supplied by the Company even if the Company has been advised of the possibility of such problems. The Company reserves the right to quote for any additional support which relates to the Customer's Templates and/or Websites as a consequence of such problems. 7.8 If the Customer requests the Company alter Templates to meet specific WAI accessibility guidelines then the Company reserves the right to quote separately for any additional work requested. 7.9 The Company may from time to time recommend to the Customer that updates are needed to their Templates and/or Websites to comply with, including but not limited to, new legislations, software releases and web standards. The Company reserves the right to quote for any updates as separate work. The Company shall have no liability to the Customer or any third parties for any failure to inform or implement these updates to their Templates and/or Websites. The Customer shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates. 7.10 Although the Company builds these Templates and/or Websites with search engine optimisation in mind, the Company shall have no liability to the Customer or any third parties for any changes in search engine rankings as a result of using these Templates and/or Websites.
E) Photography Services
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