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Terms and Conditions of Service: 1st for Web Hosting
UK ("The Company")
1. PAYMENT
1.1 All Accounts (individual named accounts of customers)
are set up on a Prepay Period "Commencement Fee"
basis. No work will be carried out until payment has
been received and cleared in the Company account.
The Company accepts no liability for delayed completion
or delivery of the site arising as a result of late
payment.
1.2 The Prepay Period means (the period of one month
after the Account has been set up) Thereafter the
Second Phase shall mean (the period commencing after
the Prepay Period has ended up to the first anniversary
year/month of the Account )
The Third Phase shall mean (the period after the first
anniversary year/month of the account up to the second
anniversary year/month of the Account ) etc
1.3 Although the Company reserves the right to change
prices of accounts or services at any time all pricing
is guaranteed for the Prepay Period.
1.4 Payment is due each anniversary year or month
following the date the account was established.
1.5 Payment of the Second and Third Phases is to
be received no later than the date indicated on the
invoice unless agreed by the Company in writing. Where
payment is not made within the agreed period the Company
reserves the right to withhold labour and any/all
elements of the site (including any or all Domain
names) until payment has been received and cleared
into the Company Account.
1.6 Customers will automatically be charged again
at the end of their Prepay Period unless written cancellation
has already been given. The Commencement Fee shall
be non- refundable. The Customer may thereafter cancel
the contract at any time and pay no further penalty
save for any costs already incurred by the Company
or its Agents.
1.7 In the event that payment for hosting is late
or declined the Company reserves the right to remove
the Customer's site from the web servers until payment
has been received and cleared into the Company Account.
The Company accepts no liability for any loss or trade
revenue in such eventualities.
1.8 In the event that payment for hosting is not
received within 14 days of the due date the Company
reserves the right to sell all unpaid for elements
of the website (including any Domain name(s) and bespoke
systems) to any interested third party.
1.9 Should the Customer be unsatisfied with the Company
the Company offers a 30 day money back guarantee (
Hosting fees). This excludes the refund of domain
name
registration fees.
2. PAYMENT OPTIONS
2.1 All invoices will be sent directly to the Customer
via email ( unless otherwise agreed by the Company
and the Customer).
2.2 All payment is in UK sterling
2.3 Methods of payment available:
2.3.1 Credit / Debit Cards- the Company accepts Mastercard,
Visa (not Visa electron),
Switch and Solo. Payment will be charged automatically
to the Customers card on receipt of invoice.
2.3.2 Cheque Payment: Available only to customers
who pay annually for their hosting Account. A credit
/ debit card number will still be required if Customers
require the facility to purchase domains and other
services on-line. The Company cannot guarantee that
a service will be provided until after any received
cheques have been cleared.
2.3.3 The Company accepts no responsibility for any
financial loss due to the fraudulent use of credit
cards by third parties and recommends the Customer
obtains its own insurance against such financial loss.
3. HOSTING
3.1 Although the Company has carefully selected its
hosting partners and believe they offer a high quality
service, the Company has no control over their equipment,
software or hardware. The Company makes no warranty
as to the stability, security or performance of the
server on which the site and databases are hosted.
3.2 Sites hosted by a Customer specified third party
will be supplied on an "as is" basis. The
Company will not in any event, accept liability for
the operation or stability of any site hosted by a
third party.
3.3 All hosting accounts come with set bandwidth
limits per month. Each time your site is accessed
data is transferred across the Internet, our transfer
limits are high, less than 1% of our customers exceed
them. Should you exceed your limit, then you agree
to pay for this bandwidth at a rate of 7p (seven pence)
per 1 MB.
4. INTERNET STABILITY
4.1 The internet is a collection of computers linked
to each other via standard communications protocols.
There is no single body responsible for ensuring the
constant operation of the internet as a whole. Due
to the modular and ad hoc nature of the internet there
may be occasions when users may be unable to access
parts of the internet. The Company accepts no liability
for the loss of visitors or potential revenue in such
circumstances.
4.2 The Company acts as the Customers agent for the
domain registration. Customers of the Company are
bound by the terms and conditions of the relevant
naming authority. The Company cannot guarantee that
it will be able to register any requested domain name
until the Company has given specific confirmation.
The Customer cannot assume that registration has been
affected until confirmation is received from the Company.
4.3 The operation of a site's domain name is controlled
solely by the Domain Name provider. The Company is
unable to accept any liability for the continued operation
of the Domain Name Servers.
4.4 The Company makes no guarantees regarding the
number of visitors to the Customers Site
4.5 The Company may undertake to submit the Customer
site to a number of search engines. The Company is
unable to guarantee that the client site will be accepted
by the search engines or where/if it will feature
in any search enquiry results.
4.6 The Company accepts no liability for any ranking,
points, review or opinion associated to the site by
any search engine or other third party.
5. CUSTOMER USE OF SITE
5.1 The Customer is responsible for the content of
its web pages, including obtaining the legal permission
for any works it may include and ensuring that the
contents of these pages do not violate UK law. Commercial
use is permitted.
5.2 Personal Accounts are to be used by the primary
owner only. Personal account holders are not permitted
to resell, store or give away web-hosting services
of their website to other parties. Web hosting services
are defined as allowing a separate, third party to
host content on the owner's web site.
Exceptions to this include ad banners, classified
ads, and personal ads.
5.3 The Company reserves the right to suspend or
cancel a Customer's access to any or all services
provided by the Company if in the Company's view it
decides the Account has been inappropriately used
or otherwise.
5.4 The Company expressly prohibit the following
to be stored on its servers:
5.4.1 Adult Material- This includes all pornography,
erotic images, or other obscene content in the view
of the Company designated as "adult material".
5.4.2 Illegal Material - all illegal material as the
Company shall designate to include copyrighted works,
illegal MP3 Sites, or Warez sites, ( including any
sites which provide "links to" or "how
to" information about such material).
5.4.3 Participating in any form of unsolicited bulk
e-mailing or spam.
6. BACK UP OF DATA
6.1 Data stored on our servers is not guaranteed to
be backed up. The Customer is advised to take out
an additional back up package
7. SITE MODIFICATION
7.1 All modifications to the site (excluding any materials
uploaded via any content management system provided
for this express purpose) must be carried out by the
Company unless previously agreed otherwise.
7.2 In the event that any alteration by the Customer
( or any person acting on their behalf ) renders the
site or any part of the site unusable the Company
will charge to restore it to its previous working
version. Unless covered by a service agreement these
modifications will only be made when sufficient resources
are available to the Company.
7.3 If the Customers bandwidth reaches the points
where it has an adverse affect on other customers
the Company reserve the right to disable your site
until the Customer can reduce its bandwidth usage.
The Company endeavours to advise the Customer of its
options.
8. LIMITATION OF LIABILITY
8.1 The Customer shall agree the Company (which shall
include any parent or associated company) shall not
be liable for any special, indirect, incidental, exemplary,
punitive or consequential damages or any damages resulting
from loss of profits, arising out of or in connection
with this Agreement, even if the Company had been
advised of the possibility of such damages, and in
particular the Company shall not be liable for:
8.1.1 loss or suspension of the Customers domain name;
8.1.2 use of the Customer domain name registration;
8.1.3 any fiscal loss or otherwise of the customer
project as a profit making project
8.1.4 interruption of your business
8.1.5 non-delivery, mis-delivery, corruption, destruction,
or modification of data
8.1.6 processing of an application for domain name
registration
8.1.7 any breach of the Data Protection Acts by the
Customer
8.1.8.events beyond the reasonable control of the
Company
8.2 The Company shall not be held liable or responsible
for any errors, omissions or other actions arising
out of or related to the Customers application, receipt,
or failure to receive a domain
registration.
8.21The Company cannot guarantee that we will be able
to register any requested domain name until we have
given specific confirmation. Clients cannot assume
that registration has been affected until confirmation
is received from the company
8.3 The Company's maximum aggregate liability shall
not exceed the greater of:
8.3.1 the total amount paid by you for the registration
of the domain name; and
8.3.2 £50.00 (UK Pounds)
8.4 The Customer agrees to defend, indemnify and
hold harmless the Company and
the registry administrator, including the Companys
employees, directors,
officers, representatives, agents or affiliates, from
and against all and any claim, action, suit, demand,
damages, loss, costs, (including reasonable legal
fees, expert witness fees and expenses), or other
proceeding relating to or arising from:
8.4.1 the registration or use of the domain name.
8.4.2 any legal fees or claims that may arise or result
from any service provided or performed or agreed to
be performed or any product sold by the Customer,
its agents, employees or assigns.
8.4.3 any injury to person or property caused by any
products sold or otherwise distributed in connection
with the Company server;
8.4.4 any material supplied by the Customer infringing
or allegedly infringing on the proprietary rights
of a third party;
8.4.5 copyright infringement
8.4.6 any defective products sold to the Customer
from then Company's server.
9. COPYRIGHT
9.1 Copyright for all Customer supplied data, databases,
structure and content therein, and all data submitted
by third parties via the Website or other feedback
input and data generated by the Customer requested
dynamic statistic collection using both the server
and customer- side scripting is and remains the sole
property and liability of the Customer
9.2 The Company retains copyright and licence on
all bespoke scripting functions and programming both
on the server- side and Customer- side and reserves
the right to deploy the scripts elsewhere at anytime
and undertakes to do so without reference to the Customer
or any material or data structure owned by the Customer.
9.3 The Company retains all copyright and licence
for all scripting pertaining to any content management
system it uses and all data, databases, structure
and content therein necessary for its operation and
its user privilege system and all data, databases
structure and content therein for tertiary data tables
such as lists of countries, unitary conversion tables
and temporary tables created for the express purpose
of assisting and ensuring the efficient execution
of the scripts outlined above.
10. CANCELLATION AND REFUNDS
10.1 The Company reserves the right to cancel this
Agreement at any time.
10.2 In this event the Customer will be entitled to
a pro rata refund based upon the
remaining period of membership.
10.3 If a customer contravenes the Company's terms
and conditions under this Agreement a refund
will not be issued in the event of a cancellation.
10.4 Customers may cancel their account at any time
subject to the conditions set out in clause 1.6.
11 DISCLAIMER
11.1 The Company will not be responsible for any damages
to the Customers business of any kind whatsoever.
11.2 The Company makes no warranties of any kind,
expressed or implied for services provided. This includes
loss of data resulting from delays, non deliveries,
wrong delivery, and any and all service
interruptions caused by the Company and its employees.
12. LAW
These terms and conditions shall be governed by English
Law
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