Terms and
ConditionsTerms
and Conditions You indicate acceptance of these terms and conditions of service
by placing an order with Hertford Web Hosting. These terms and conditions will
not be varied for individual customers. - DEFINITIONS
- In
this Agreement the following words and expressions shall have the following meanings:
- "downtime"
means any service interruption in the availability to visitors of the Website;
- "intellectual
property rights" means patents, trade marks, design rights, applications
for any of the foregoing, copyright, topography rights, database rights, rights
in know-how, trade or business names and other similar rights or obligations,
whether registrable or not in any country;
- "IP
address" stands for internet protocol address which is the numeric address
for the server;
- "ISP"
stands for internet service provider;
- "server"
means the computer server equipment operated by Hertford Web Hosting in connection
with the provision of the Services;
- "the
Services" means web hosting, domain name registration, email and any other
services or facilities provided by Hertford Web Hosting.
- "spam"
means sending unsolicited and/or bulk emails;
- "virus"
means a computer programme that copies itself or is copied to other storage media,
including without limitation magnetic tape cassettes, memory chips, electronic
cartridges, optical discs and magnetic discs, and destroys, alters or corrupts
data, causes damage to the user's files or creates a nuisance or annoyance to
the user and includes without limitation computer programs commonly referred to
as "worms" or "trojan horses";
- "visitor"
means a third party who has accessed the Website;
- Product
specifications and details may be found at www.hertfordwebhosting.co.uk.
- Words
denoting the singular shall include the plural and vice versa and words denoting
any gender shall include all genders.
- The
headings of the paragraphs of this Agreement are inserted for convenience of reference
only and are not intended to be part of or to affect the meaning or interpretation
of this Agreement.
- INTRODUCTION
- The
Customer wishes to provide Hertford Web Hosting with data that will be hosted
on Hertford Web Hosting's servers and made accessible via the Internet.
- Hertford
Web Hosting provides web hosting services and has agreed to host the Customer's
data upon the following terms and conditions.
- DUTIES
- Hertford
Web Hosting shall provide to the Customer the Services specified in their order
subject to the following terms and conditions.
- The
Customer shall deliver to Hertford Web Hosting the website and the software used
in the website which is owned by the Customer, or licensed to him by a third party
or Hertford Web Hosting ("the Customer Software"), in a format specified
by Hertford Web Hosting.
- CHARGES
,PAYMENT AND MONEY-BACK GUARANTEE
- Payment
methods include credit cards (including MasterCard and Visa), debit cards (including
Switch/Maestro) and direct debits
- Hertford
Web Hosting do not accept cheques, bank transfers, postal orders, cash or any
other form of payment other than those outlined in 4.1
- The
Charges are exclusive of VAT, which if payable shall be paid by the Customer.
- Hertford
Web Hosting shall be entitled to charge interest in respect of late payment of
any sum due under this Agreement, which shall accrue from the date when payment
becomes due from day to day until the date of payment at a rate of 8% per annum
above the base rate of the Bank of England from time to time in force.
- Hertford
Web Hosting do not provide credit facilities.
- From
time to time Hertford Web Hosting may make enquiries on the Customers company,
proprietor or directors of the Customers company with credit reference agencies.
These agencies may record that a search has been made and share this information
with other businesses.
- Hertford
Web Hosting provide "Money-Back Guarantees" on certain products. Should
your product qualify for this guarantee please raise a support ticket at www.hertfordwebhosting.co.uk
within 30 days of placing your order for a full refund. This guarantee excludes
domain names which may not be cancelled once ordered. Customers are limited to
using the money-back guarantee once.
- Pro-rata
refunds will not be issued for yearly services that are cancelled before then
end of the year.
- Should
your chosen payment method fail Hertford Web Hosting will attempt to settle your
invoice using any other payment facilities available on your account.
- All services
will renew until cancelled by the customer. Hertford Web Hosting emails the customers
primary email address prior to renewal of services, it is the customers responsibility
to cancel services prior to renewal as no refund can be made once renewal has
occurred. Customers must notify us at least 72 hours before a service is renewed
if they wish to cancel that service. The cancellation process must be fully completed
by you before your account is cancelled.
- IP
ADDRESSES
- Hertford
Web Hosting shall maintain control and ownership of the IP address that is assigned
to the Customer as part of the Services and reserves the right in its sole discretion
to change or remove any and all IP addresses.
- Where
Hertford Web Hosting changes or removes any IP address it shall use its reasonable
endeavours to avoid any disruption to the Customer.
- SOFTWARE
LICENCE AND RIGHTS
- If
the Customer requires use of software owned by or licensed to Hertford Web Hosting
("Hertford Web Hosting's software") in order to use the Services, Hertford
Web Hosting grants to the Customer and its employees, agents and third party consultants
and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence
to use Hertford Web Hosting Software in object code form only, in accordance with
the terms of this Agreement. For the avoidance of doubt, this Agreement does not
transfer or grant to the Customer any right, title, interest or intellectual property
rights in Hertford Web Hosting Software.
- In
relation to Hertford Web Hosting's obligations under this Agreement in connection
with the provision of the Services, the Customer grants to Hertford Web Hosting
a royalty-free, world-wide, non-exclusive licence to use the Customer Software
and all text, graphics, logos, photographs, images, moving images, sound, illustrations
and other material and related documentation featured, displayed or used in or
in relation to the website ("the Content"). For the avoidance of doubt,
this Agreement does not transfer or grant to Hertford Web Hosting any right, title,
interest or intellectual property rights in the Customer Software or the Content.
- The
Customer undertakes that he will not himself or through any third party, sell,
lease, license or sublicense Hertford Web Hosting Software.
- Hertford
Web Hosting may make such copies of the Customer Content as may be necessary to
perform its obligations under this Agreement, including back up copies of the
Content. Upon termination or expiration of this Agreement, Hertford Web Hosting
shall destroy all such copies of the Content and other materials provided by the
Customer as and when requested by the Customer.
- SERVICE
LEVELS AND DATA BACKUP
- Hertford
Web Hosting shall use its reasonable endeavours to make the server and the Services
available to the Customer 100% of the time but because the Services are provided
by means of computer and telecommunications systems, Hertford Web Hosting makes
no warranties or representations that the Service will be uninterrupted or error-free
and Hertford Web Hosting shall not, in any event, be liable for interruptions
of Service or downtime of the server.
- Hertford
Web Hosting carries out data backups for use by Hertford Web Hosting in the event
of systems failure. Hertford Web Hosting do not provide data restoration facilities
for individual customers. Even though every effort is made to ensure data is backed
up correctly Hertford Web Hosting accepts no responsibility for data loss or corruption.
- ACCEPTABLE
USE POLICY
- The
website and use of the Services may be used for lawful purposes only and the Customer
may not submit, publish or display any content that breaches any law, statute
or regulation. In particular the Customer agrees not to:
- use the Services
or the website in any way to send unsolicited commercial email or "spam",
or any similar abuse of the Services;
- send
email or any type of electronic message with the intention or result of affecting
the performance of any computer facilities;
- publish,
post, distribute or disseminate defamatory, obscene, indecent or other unlawful
material or information, or any material or information which infringes any intellectual
property rights (for the avoidance of doubt this includes licensed software distributed
as Warez), via the Services or on the Website;
- threaten,
abuse, disrupt or otherwise violate the rights (including rights of privacy and
publicity) of others;
- engage
in illegal or unlawful activities through the Services or via the Website;
- make
available or upload files to the website or to the Services that the Customer
knows contain a virus, worm, trojan or corrupt data; or
- obtain
or attempt to obtain access, through whatever means, to areas of Hertford Web
Hosting's network or the Services which are identified as restricted or confidential.
This includes leaving your home directory whilst using SSH access to servers.
- operate
or attempt to operate IRC bots or other permanent server processes.
- The
Customer has full responsibility for the content of the Website. For the avoidance
of doubt, Hertford Web Hosting is not obliged to monitor, and will have no liability
for, the content of any communications transmitted by virtue of the Services.
- If
the Customer fails to comply with the Acceptable Use Policy outlined in Clause
8.1 Hertford Web Hosting shall be entitled to withdraw the Services and terminate
the Customer's account without notice.
- ALTERATIONS
AND UPDATES
- All
alterations and updates to the website shall be made by the Customer using the
online account management facility, FTP access or SSH access where available.
The Customer will be issued with a user name and password in order to access the
account. The Customer must take all reasonable steps to maintain the confidentiality
of this user name and password. If the Customer reasonably believes that this
information has become known to any unauthorised person, the Customer agrees to
immediately inform Hertford Web Hosting and the password will be changed.
- WARRANTIES
- The
Customer warrants and represents to Hertford Web Hosting that Hertford Web Hosting's
use of the Content or the Customer Software in accordance with this Agreement
will not infringe the intellectual property rights of any third party and that
the Customer has the authority to license the Content and the Customer Software
to Hertford Web Hosting as set out in Clause 6.2.
- All
conditions, terms, representations and warranties that are not expressly stated
in this Agreement, whether oral or in writing or whether imposed by statute or
operation of law or otherwise, including, without limitation, the implied warranty
of satisfactory quality and fitness for a particular purpose are hereby excluded.
In particular and without prejudice to that generality, Hertford Web Hosting shall
not be liable to the Customer as a result of any viruses introduced or passed
on to the Customer.
- INDEMNITY
- The
Customer agrees to indemnify and hold Hertford Web Hosting and its employees and
agents harmless from and against all liabilities, legal fees, damages, losses,
costs and other expenses in relation to any claims or actions brought against
Hertford Web Hosting arising out of any breach by the Customer of the terms of
this Agreement or other liabilities arising out of or relating to the Website.
- LIMITATION
OF LIABILITY
- Nothing
in these terms and conditions shall exclude or limit Hertford Web Hosting's liability
for death or personal injury resulting from Hertford Web Hosting's negligence
or that of its employees, agents or sub-contractors.
- The
entire liability of Hertford Web Hosting to the Customer in respect of any claim
whatsoever or breach of this Agreement, whether or not arising out of negligence,
shall be limited to the charges paid for the Services under this Agreement in
respect of which the breach has arisen.
- In
no event shall Hertford Web Hosting be liable to the Customer for any loss of
business, loss of opportunity or loss of profits or for any other indirect or
consequential loss or damage whatsoever. This shall apply even where such a loss
was reasonably foreseeable or Hertford Web Hosting had been made aware of the
possibility of the Customer incurring such a loss.
- TERM
AND TERMINATION
- This
Agreement will become effective on the date the service is ordered and shall continue
until terminated by either party in writing of its intention to terminate the
Agreement.
- Hertford
Web Hosting shall have the right to terminate this Agreement with immediate effect
by notice in writing to the Customer if the Customer fails to make any payment
when it becomes due.
- Either
party may terminate this Agreement forthwith by notice in writing to the other
if:
- the
other party commits a material breach of this Agreement and, in the case of a
breach capable of being remedied, fails to remedy it within a reasonable time
of being given written notice from the other party to do so; or
- the
other party commits a material breach of this Agreement which cannot be remedied
under any circumstances; or
- the
other party passes a resolution for winding up (other than for the purpose of
solvent amalgamation or reconstruction), or a court of competent jurisdiction
makes an order to that effect; or
- the
other party ceases to carry on its business or substantially the whole of its
business; or
- the
other party is declared insolvent, or convenes a meeting of or makes or proposes
to make any arrangement or composition with its creditors; or a liquidator, receiver,
administrative receiver, manager, trustee or similar officer is appointed over
any of its assets.
- Any
rights to terminate this Agreement shall be without prejudice to any other accrued
rights and liabilities of the parties arising in any way out of this Agreement
as at the date of termination.
- On
termination all data held in the customers account will be deleted.
- ASSIGNMENT
- Hertford
Web Hosting may assign or otherwise transfer this Agreement at any time.
- The
Customer may not assign or otherwise transfer this Agreement or any part of it
without Hertford Web Hosting's prior written consent.
- FORCE
MAJEURE
- Neither
party shall be liable for any delay or failure to perform any of its obligations
if the delay or failure results from events or circumstances outside its reasonable
control, including but not limited to acts of God, strikes, lock outs, accidents,
war, fire, the act or omission of government, highway authorities or any telecommunications
carrier, operator or administration or other competent authority, the act or omission
of any Internet Service Provider, or the delay or failure in manufacture, production,
or supply by third parties of equipment or services, and the party shall be entitled
to a reasonable extension of its obligations after notifying the other party of
the nature and extent of such events.
- SEVERANCE
- If
any provision of this Agreement is held invalid, illegal or unenforceable for
any reason by any Court of competent jurisdiction such provision shall be severed
and the remainder of the provisions hereof shall continue in full force and effect
as if this Agreement had been agreed with the invalid illegal or unenforceable
provision eliminated.
- NOTICES
- Any
notice to be given by either party to the other may be sent by either email, fax
or recorded delivery to the address of the other party as appearing in this Agreement
or such other address as such party may from time to time have communicated to
the other in writing, and if sent by email shall unless the contrary is proved
be deemed to be received on the day it was sent or if sent by fax shall be deemed
to be served on receipt of an error free transmission report, or if sent by recorded
delivery shall be deemed to be served 2 days following the date of posting.
- ENTIRE
AGREEMENT
- This
Agreement contains the entire Agreement between the parties relating to the subject
matter and supersedes any previous agreements, arrangements, undertakings or proposals,
oral or written. This Agreement may be updated without notice.
- GOVERNING
LAW AND JURISDICTION
- This
Agreement shall be governed by and construed in accordance with the law of England
and the parties hereby submit to the exclusive jurisdiction of the English courts.
- DOMAIN
NAME REGISTRATION
- Domain
names are not deemed to be successfully registered until they appear in the relevant
whois database of the top level domain name registrar. In the event that a domain
name is unavailable when we attempt to register it Hertford Web Hosting will provide
a full refund for that domain name.
- Please
return to the main terms and conditions area of this website to view terms and
conditions for individual domain name registrars.
- SCRIPTING
- Hertford
Web Hosting are not responsible for customer programming issues other than ensuring
that programming languages such as Perl, PHP and ASP are installed and functioning
on the web hosting system.
- PRIVACY
- To
protect your privacy we will not distribute your details to third parties, unless
required to do so by law.
- DATA
TRANSFER
- Web
hosting accounts include a certain amount of data transfer, if you exceed this
amount in any one month your account will be deactivated until you have upgraded
to an account that has more data transfer included.
- Web
hosting accounts are prohibited from hosting file distribution websites (including
but not limited to music, video and software), adult content orientated websites,
hosting banners, graphics or cgi scripts for other websites, storing pages, files
or data as a repository for other websites or personal computers, giving away
web space under a domain, sub domain or directory.
- SERVER
USAGE
- Should
your account use more than 5% of the servers processing power and as a result
have a detrimental effect on other customers we will discuss with you alternative
solutions for your hosting requirements.
- AFFILIATE
PROGRAMME
- Commission
earned via the affiliate programme will only be paid by using a valid direct debit/credit
mandate on your account. It is the customers responsibility to ensure they have
this facility. In the event of the customer not being able to obtain this facility
then no commission will be paid.
- EMAIL
NEWSLETTER
- Hertford
Web Hosting communicates with it's customers via email and as such you agree to
receive by email our regular newsletter which contains amongst other things changes
to our terms and conditions, notification of major outages, updates to our products
& features and special offers.
- WEBSPACE
USAGE
- Unlimited
web space is available for genuine web site content, content must be linked into
web pages. Customers are prohibited from using the server as a file/backup repository.
Customers are expected to employ good house keeping when maintaining their account.
- MAIL
BOXES
- Mail
boxes not accessed for 100 days or more will be deleted from the system.
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