Katsgraphics/Uponline Ltd Hosting Terms & Conditions

Transcription

1 Katsgraphics/Upnline Ltd Hsting Terms & Cnditins Yur attentin is in particular drawn t the fllwing cnditins which are f special imprtance: 2.7 Estimated dates 3 Cntract Perid and Renewal 4.2 Yur respnsibility t back-up data 6 Our liability t yu and the Right t Cancel 7 Indemnity 8.7 and 8.8 Chargeback Fees 9 and 10 Terminatin 15 Free Hsting ffers 1. DEFINITIONS 1.1 References t "we", "us" and "ur" are references t Katsgraphics/Upnline Ltd). 1.2 The terms "yu" and "yur" refer t any individual, cmpany r business t whm we prvide ur Services as specified in the nline custmer rder frm r via direct representatin/a persn reasnably appearing t us t act with yur authrity. 1.3 In these cnditins the fllwing wrds and expressins shall have the fllwing meanings: Cmmencement Date means the date f ur acceptance f yur rder as ntified t yu under ur accunt activatin ntice; Cntract means any cntract between us and yu fr the supply f Services incrprating these cnditins; Dmain Names means Internet addresses which have been registered with the central registratin authrities n the Internet n yur behalf; Gigabyte means 1,073,741,824 bytes r characters f infrmatin; hsting means the making available f yur Dmain Name n the Internet; Internet means the netwrk f intercnnected e-cmmunicatins and cmputer systems cnnected by internet prtcl numbers; Megabyte means 1,048,576 bytes r characters f infrmatin; Renewal Date means the day fllwing the end f the first billing perid specified in the nline custmer rder frm and the day fllwing the end f the relevant billing perid frm time t time; Services the internet services t be prvided by us t yu as specified in the nline custmer rder frm tgether with any ther services which we prvide, r agree t prvide, t yu; Uplad means t transfer cmputer files t ur cmputer system fr publicatin n the Internet r WWW; Web Site means the area n ur cmputer system allcated t yu fr the purpse f this Cntract; WWW means Wrld Wide Web service available n the Internet; 1.4 A reference t a particular law is a reference t it as it is in frce fr the time being taking accunt f any amendment, extensin, applicatin r re-enactment and includes any subrdinate legislatin fr the time being in frce made under it. 1.5 Cnditin headings d nt affect the interpretatin f these cnditins.

2 1.6 Any wrds in the singular include the plural and vice versa. 2. APPLICATION OF CONDITIONS 2.1 Subject t any variatin under cnditins 2.2 r 2.3 the Cntract shall be n these cnditins t the exclusin f all ther terms and cnditins (including any terms r cnditins which yu purprt t apply under any rder, cnfirmatin f rder r ther dcument). 2.2 Any variatin t these cnditins and any representatins abut the Services shall have n effect unless expressly agreed in writing and signed by ur authrised representative n ur behalf. Yu acknwledge that yu have nt relied n any statement, prmise r representatin made r given by r n behalf f us which is nt set ut in this Cntract. Nthing in this cnditin shall exclude r limit ur liability fr fraudulent misrepresentatin. 2.3 We reserve the right t alter r amend ur terms and cnditins by giving yu furteen days' prir ntice by and by displaying the ntice n the ur web site in the Terms and Cnditins sectin. If yu d nt want t accept any new cnditins yu must infrm us immediately in writing r by ing us at katsgraphics@mac.cm r inf@upnlinemedia.cm therwise yu will be deemed t have accepted such new cnditins. 2.4 Yur rder fr Services frm us shall be deemed t be an ffer by yu t buy the Services subject t these cnditins. 2.5 N rder placed by yu shall be deemed t be accepted by us until an accunt activatin ntice is issued by us. 2.6 Yu shall ensure that the terms f yur rder are cmplete and accurate. 2.7 Any date prpsed either by yu r us fr the prvisin f the Services is t be treated as an estimate nly and we accepts n liability fr any failure t meet it. 3. CONTRACT PERIOD 3.1 Subject t terminatin under cnditins 9 and 10 this Cntract shall begin n the Cmmencement Date and shall autmatically renew n the relevant Renewal Date fr successive perids equal t the billing perid set ut in the nline custmer rder frm/direct representatin r fr such perid as subsequently agreed by us in writing. 4. YOUR RESPONSIBILITIES 4.1 Yu agree that yu will keep secure the lgin name and passwrd specified n yur nline custmer rder frm/direct representatin and nt t pass that infrmatin t any unauthrised persn. In the event f yur lgin name and passwrd being used by any unauthrised persn, we accept n respnsibility and yu will be liable fr additinal charges arising therefrm. 4.2 It is yur sle respnsibility t make regular back-ups f yur data and files used in cnnectin with the Services. Even thugh we may make ur wn peridic backups fr server maintenance purpses we are nt respnsible whatsever fr yur data r files. 4.3 Yu agree that yu will nt: perfrm any actin that will reduce perfrmance f ur servers t the detriment f ther users;

3 4.3.2 uplad any virus t the Web Site which culd infect ur server r ther equipment; allw a virus t enter the Internet by allwing Internet users t dwnlad files cntaining viruses r (knwingly r therwise) frm their web space which is n ur server; uplad any material which infringes the intellectual prperty rights f any ther party. We accept n respnsibility fr yur actins in either uplading material t the Internet r in yur transferral f any material t ther Web Sites (r vice versa); uplad any material which may be cnsidered t be cntrary t public decency and mrality including (but nt limited t) prngraphic, barbaric and vertly tasteless material. We reserve the right t randmly inspect the Web Site and in the event that any unauthrised material has been upladed t that Web Site, we reserve the right t infrm the relevant authrities and t terminate this Cntact frthwith; cause r permit r in any way assist in any unauthrised publicatin r any disseminatin f defamatry material r any material which culd be cnsidered t be in breach f the civil r criminal laws f England and Wales; cmmit any act whereby access is gained by yu t any infrmatin r resurces f any persn, bdy crprate individual, partnership, gvernment agency, natinal institutin, charity r recgnised rganisatin withut first having btained authrity frm thse persns r institutins; use ur servers r netwrk t send unslicited r spam t ther Internet users regardless f whether we are referred t r nt either directly r indirectly in such pstings. Failure t meet this bligatin wuld result in the terminatin f this Cntract withut refund; nt t use ur servers r netwrk either directly r indirectly in a way that wuld have a detrimental effect n netwrk perfrmance; d any act r missin the result f which wuld have the effect f bringing us int disrepute. 5. HIGH RESOURCE USAGE POLICY 5.1 Where we d nt perate a bandwidth capping plicy we maintain high ratis f bandwidth per Web Site. In the rare circumstances that a user utilizes ur server resurces t such an extent that it may jepardize server perfrmance and resurces fr ther users then we reserve the right t implement the fllwing High Resurce User Plicy at ur sle discretin: Where a service is delivered with bandwidth restrictins and/r limitatins we reserve the right at ur sle discretin t charge yu fr excess bandwidth used hwever caused at the rate f 45 pence per gigabyte r part theref Resurces are defined as bandwidth, prcessr utilizatin r disk space; We reserve the right t suspend r terminate any Web Site immediately in rder t prevent the misuse f ur servers and t maintain maximum availability fr ther users. Yu may be ffered alternate hsting ptins including us hsting the Web Site fr an additinal fee. 6. LIMITATION OF LIABILITY

4 6.1 The fllwing prvisins set ut the ur entire financial liability (including any liability fr the acts r missins f ur emplyees, agents and sub-cntractrs) t yu in respect f: (a) any breach f these cnditins; (b) any use made by yu f any f the Services; (c) the cntent f any infrmatin placed by yu nt ur server; (d) the failure f r any prblem experienced by yu in the peratin f yur Web Site; (e) with regard t any applicatin, receipt f, r failure t receive Dmain Name registratin, the registratin, renewal, nn-registratin, nn-renewal, suspensin, transfer, failure t transfer, peratin, delivery, mis-delivery r any and all cmbinatins r fr any errrs r missins r any ther actins by the registry administratr arising ut f r relating t any applicatin, receipt f, r failure t receive a dmain registratin; and (f) any representatin, statement r trtius act r missin including negligence arising under r in cnnectin with the Cntract. 6.2 All warranties, cnditins and ther terms implied by statute r cmmn law (save fr the cnditins implied by sectin 12 f the Sale f Gds Act 1979) are, t the fullest extent permitted by law, excluded frm the Cntract save that where yu are a cnsumer rather than a business n prvisin f this clause 6 r these cnditins shall affect yur rights as a cnsumer. As the Services are nrmally supplied immediately unless agreed therwise with us there is nt nrmally an pprtunity t cancel under regulatin 13 f the Cnsumer Prtectin (Distance Selling) regulatins ( 6.3 Nthing in these cnditins excludes r limits ur liability: (a) fr death r persnal injury caused by ur negligence; r (b) fr any matter which it wuld be illegal fr us t exclude r attempt t exclude its liability; r (c) fr fraud r fraudulent misrepresentatin. 6.4 Subject t cnditins 6.2 and 6.3: (a) ur ttal liability in cntract, trt (including negligence r breach f statutry duty), misrepresentatin, restitutin r therwise, arising in cnnectin with the perfrmance r cntemplated perfrmance f the Cntract shall be limited t the initial ttal amunt paid fr the Services r Dmain Name registratin r 250 whichever is the greater; and (b) we shall nt be liable t yu fr any: (i) pure ecnmic lss (ii) lss f prfit (iii) lss f business (iv) lss f anticipated savings (v) depletin f gdwill r therwise in each case whether direct, indirect r cnsequential, r any claims fr cnsequential cmpensatin whatsever (hwsever caused) which arise ut f r in cnnectin with the Cntract. 6.5 Each prvisin f this cnditin 6 is t be cnstrued as a separate limitatin applying and surviving even if fr any reasn ne r ther f the said prvisins is held inapplicable r unreasnable.

5 7. INDEMNITY 7.1 Withut prejudice t any ther rights r remedies which we may have against yu, yu agree t indemnify and keep us indemnified against: all csts, claims, demands, liabilities, expenses, damages r lsses r expenses arising ut f r in cnnectin with any breach by yu f this Cntract; and all csts, claims, demands, liabilities, expenses, damages r lsses r expenses arising ut f any actin brught r threatened against us by a third party which is caused by r arises frm any actin r missin f urs carried ut pursuant t yur instructins. 8. CHARGES AND PAYMENT 8.1 Charges are payable in advance depending n the Service purchased as set ut in the nline custmer rder frm and time fr payment shall be f the essence. It is a cnditin f the prvisin f ur Services that a regular credit r debit card payment agreement is in frce fr the duratin f this Cntract and yu agree t either update yur details yurself via the cntrl panel r t infrm us f any change t yur credit card r cntact details, payments via invice must be made within the agreed perid as shwn n ur invice. 8.2 Yu shall make all payments due under the Cntract in full withut any deductin whether by way f set-ff, cunterclaim, discunt, abatement r therwise unless yu have a valid curt rder requiring an amunt equal t such deductin t be paid by us t yu. 8.3 All payments payable t us under the Cntract shall becme due immediately n its terminatin despite any ther prvisin. 8.4 Withut prejudice t ur ther rights we reserve the right t charge daily interest n all utstanding amunts frm the due date until payment is received in full at the rate equal t 4% per annum abve the HSBC Bank plc base lending rate as current frm time t time whether befre r after judgement. Interest shall cntinue t accrue ntwithstanding terminatin f this Cntract fr any cause whatsever. We reserve the right t claim interest under the Late Payment f Cmmercial Debts (Interest) Act Value added Tax where applicable will be added at the apprpriate rate t the ttal f all charges shwn n yur invice. 8.6 Where payment is by credit card r debit card yu expressly authrise us t charge recurring billing by such methd until we receive frm yu a cmpleted accunt cancellatin ntice (see cnditin 10.2) r the Services end. 8.7 If yu dispute any payment made t us yu shall cntact us immediately t discuss repayment. In the event that yu submit an unjustified chargeback (being a credit card r debit card chargeback r cancellatin f a cheque r submissin f a cheque that is returned fr any reasn) then the fllwing shall be due and payable by yu within 7 days fr each instance f a chargeback: the charges due and payable by yu fr the Services used in the perid cvered by the chargeback; and such chargeback csts as are levied upn us by yur bank r credit card cmpany; and a chargeback administratin fee f 50; and

6 8.7.4 ur reasnable csts and lsses incurred in recvering the abvementined fees including debt recvery csts, legal fees and debt cllectin csts. 8.8 In the event f an unjustified chargeback ur right t terminate this Cntract as set ut in cnditin 9 shall apply save that the perid in clause 9.2 shall be shrtened t 14 days and the perid in cnditin 9.3 shall be shrtened t 10 days. 9. TERMINATION OF THIS CONTRACT BY US 9.1 If yu d nt pay any charge when due r materially breach this Cntract in any ther way we can terminate this Cntract immediately withut the requirement f prir ntificatin. 9.2 If any sum payable under this Cntract is still utstanding ne mnth after the service f written ntice t yu requiring yu t pay all utstanding sums in full we may in ur abslute discretin suspend the Services. 9.3 If yu have still nt paid within 14 days f the written ntice referred t in cnditin 9.2 we may in ur abslute discretin discnnect the Services, delete yur data and terminate the Cntract and, if apprpriate charge yu a daily rate fr strage f any f yur equipment. Where any charges r payments are still utstanding frm yu, yu must pay us in full (including any utstanding interest) befre we release yur equipment t yu. 9.4 Shuld we reasnably deem yu a threat t the integrity f the ur netwrk whether as a result f yur actins r threats f such actins r by hstility f yur actins r due t any ther reasn which in ur cnsidered pinin wuld be against ur business interest, then we can terminate this Cntract immediately withut the requirement fr prir ntificatin. 9.5 If yu g int liquidatin r (in the case f an individual r firm becme bankrupt) make a vluntary arrangement r have a receiver r administratr appinted we can terminate this Cntract immediately withut the requirement f prir ntificatin. 9.6 Terminatin f this Cntract by us will result in the retaining by us f all mnies received frm yu wh will nt be entitled t a refund f mnies paid. 9.7 Upn terminatin f this Cntract yu shall nevertheless remain liable fr all charges due r which wuld have been payable under this Cntract. 9.8 On terminatin f this Cntract we will remve all materials held n ur systems and remve all yur system privileges. 9.9 Subject t ur sle discretin after terminatin, if we agree that yu may nce again be recnnected t the service, any recnnectin will be subject t an administratin charge f 50 tgether with any utstanding charges payable prir t the recnnectin Shuld we feel that yur needs wuld be better served by anther prvider, we reserve the right, at ur sle discretin, t terminate the hsting agreement. Where it is reasnable t d s, we will prvide 30 days ntice f terminatin and prvide a backup f all website cntent and TERMINATION OF THE CONTRACT BY YOU 10.1 Yu can terminate this Cntract: at any time within the first 30 days f the Cmmencement Date and receive a full refund, less any Dmain Name registratin charges r charges

7 fr additinal services nt included as a part f ne f ur standard hsting plans at any time after the first 30 days f the Cmmencement Date hwever unless ntice under cnditin 10.2 is received prir t the next Renewal Date this Cntract shall autmatically renew fr the perid cvered by the issued renewal ntice and n refund will be payable t yu and yu will remain liable fr all charges t the end f the Cntract perid as defined in cnditin 3.; 10.2 Yu must ntify us f terminatin by delivering t ur cntact address a cmpleted accunt cancellatin ntice which can be btained frm us n request r by cmpleting an nline cancellatin within ur nline cntrl panels. 11. REFUNDS 11.1 On receipt f a valid cancellatin ntice, we may, at ur sle discretin, refund unused time paid A cancellatin ntice must be received prir t the relevant Renewal Date in rder fr a cancellatin t be effective and prcessed prir t a renewal payment being taken.11.3 Where at ur sle discretin we chse t accept a late cancellatin ntice an administratin charge may be applied t any refund issued with the sle exceptin f refunds issued in line with ur 30 day mney back guarantee, in which case n fees are payable. 12. FORCE MAJEURE 12.1 We are nt liable fr any breach f this Cntract if the breach was caused by an act f Gd, insurrectin r civil disrder, war r military peratins, terrrism, natinal r lcal emergency, prtests, rit, civil cmmtin, acts f missins f gvernment, highway authrity r ther cmpetent authrity, ur cmpliance with any statutry bligatin, industrial disputes f any kind (whether r nt invlving ur emplyees), fire, lightning, explsin, fld, subsidence, weather f exceptinal severity, acts f missin f persns whm we are nt respnsible (including in particular ther telecmmunicatin service prviders), r any ther cause whether similar r dissimilar utside ur reasnable cntrl prvided that, if the event in questin cntinues fr a cntinuus perid in excess f 90 days, yu shall be entitled t give ntice in writing t us t terminate the Cntract. 13. PROPER LAW This Cntract is t be treated as made in England and Wales accrding t English and Welsh Law and subject t the jurisdictin f the English and Welsh Curts. 14 LIMITATION ON ASSIGNMENT 14.1 Yu must nt assign the benefit f this Cntract in whle r in part We reserve the right t assign the benefit f this Cntract by giving prir written ntice f any assignment t yu Except with ur prir written cnsent the Service shall nt be used by r n behalf f any persn ther than yu r a third party specified n the applicatin frm

8 and n cnditin shall be enfrceable by virtue f the Cntracts (Rights f Third Parties) Act. 15. FREE HOSTING OFFERS 15.1 Shuld we feel that yur needs wuld be better served by anther prvider, we reserve the right, at ur sle discretin, t terminate the hsting agreement. Where it is reasnable t d s, we will prvide 30 days ntice f terminatin and prvide a backup f all website cntent and As an unpaid fr service, we will nt accept any liability regardless f nature in cnnectin with any free hsting accunt n ur servers, this includes but is nt limited t; s, website data, viruses, back up, dwntime We reserve the right t withdraw all free hsting if the website cms is nt updated n a regular basis, this includes platfrm (Wrdpress,Jmla,Drupal etc). This includes all cre files and plugins. This is t avid viruses and hacking which culd cause server crss cntaminatin. We will prvide 30 days ntice f terminatin and prvide a backup f all website cntent and Free hsting is ffered n the basis f a gdwill gesture frm us the supplier, as an unpaid fr service we reserve the right t alter the term f hsting r terminate all free hsting at ur discretin. As this service is ffered as a gdwill gesture, any threats f litigatin regarding hsting r any ther service ffered by us will instantly remve said gdwill and result f terminatin f the free hsting ffer. In the case f lss f gdwill, we will prvide 30 days ntice f terminatin and prvide a backup f all website cntent and .