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Terms and Conditions
1. Service availability
1.1. We shall use our reasonable endeavours to make our services
available to you at all times but we shall not, in any event, be liable
for interruptions of service or down-time of the servers.
2. Billing and payments
2.1. All charges payable by you for the services shall be in accordance
with the scale of charges and rates published from time to time by us
on our web site, errors and omissions exempted and shall be due and
payable in advance of provision of the services.
2.2. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
2.3. Payment is due each anniversary period following the date the
services were established until notice is given to cancel your service.
2.4. Should you go over your allocated data-transfer allocation you
will be billed for each GB over your limit, the current rate is
£1+VAT per GB. If the invoice for the data-transfer overage is
not paid within 14 days we reserve the right to suspend your account
until the amount due is paid.
2.5. Customers are responsible for the provision of sufficient funds in
their account and we will not be held responsible for any charges
incurred as a result of overdrawing of the bank account or credit card
or as a result of failed transactions.
2.6. All payments are processed in UK Pound Sterling (£),
conversions will be made by the credit card company of the customer.
Prices shown in any other currencies on our website or other
promotional material is to be treated as a guide only and may be
inaccurate due to changes in the exchange rates. All customers are
advised to check amounts using accurate recent exchange rates before
ordering.
2.7. If your cheque is returned by the bank as unpaid for any reason,
you will be liable for a "returned cheque" charge of £25.
2.8. Without prejudice to our other rights and remedies under this
agreement, if any sum payable is not paid on or before the due date, we
shall be entitled but not obliged forthwith to suspend the provision of
Services to you.
3. Termination and refunds
3.1. We shall be entitled to suspend the services and/or terminate this agreement forthwith without notice to you if you:
3.1.1. Fail to pay any sums due to us as they fall due.
3.1.2. Break any of our terms and conditions.
3.2. No refunds will be made under any circumstances for services suspended in accordance with 3.1.
3.3. We will be the sole arbiter as to what constitutes a violation of
these terms and conditions. The failure by a customer to meet or follow
any of these terms and conditions is grounds for account suspension or
deactivation. We reserve the right to suspend the services and/or
terminate this agreement at any time.
3.4. You may cancel the services at any time, this must be done in
writing or by email. Phone requests will not constitute acceptance of
any cancellation.
3.5. During the first 7 days of services, you are entitled to a refund
should you decide to cancel your service, there are exclusions to this
listed in 3.5.1 and 3.5.2. No full refunds or pro rata refunds will be
made after the first 7 days of service.
3.5.1. Domain name registration/transfer fees are not refundable under any circumstances.
3.5.2. You will not be entitled to a refund on this basis if you have previously held an account with us.
3.6. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
3.7. On termination of this agreement or suspension of the services we
shall be entitled immediately to stop access to your account and to
remove all data located on the server.
Terms and Conditions (continued)
3.8. For clients with multiple accounts, we reserve the right to
suspend all accounts should the main account owner violate these terms
and conditions in a manner deemed by us to be extremely serious.
4. Indemnity
4.1. You shall indemnify us and keep us indemnified and hold us
harmless from and against any breach by you of these terms of business
and any claim brought against us by a third party resulting from the
provision of services by us to you and your use of the services and the
server including, without limitation, all claims, actions, proceedings,
losses, liabilities, damages, costs, expenses (including reasonable
legal costs and expenses), howsoever suffered or incurred by us in
consequences of your breach or non-observance of any of the terms of
this agreement.
5. Limitation of Liability
5.1. All conditions, terms, representations and warranties relating to
the services supplied under this agreement, whether imposed by statute
or operation of law or otherwise, that are not expressly stated in
these terms and conditions including, without limitation, the implied
warranty of satisfactory quality and fitness for a particular purpose
are hereby excluded to the extent applicable under UK law.
5.2. Nothing in these terms and conditions shall exclude our liability
for death or personal injury resulting from our negligence.
5.3. Our total aggregate liability to you for any claim in contract,
tort, negligence or otherwise arising out of or in connection with the
provision of the services shall be limited to the charges paid by you
in respect of the services which are the subject of any such claim.
5.4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.
5.5. In no event shall we be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other indirect or
consequential or economic loss whatsoever.
5.6. We are not responsible for any claimed damages, which may result
from our servers going offline, or being unavailable for any reason.
This includes damages which may result from the corruption or deletion
of data. The customer agrees to indemnify and hold us and our employees
harmless from any claims, damages, including but not limited to
consequential damages resulting from the use of the service which
damages the customer or any other party.
6. Modification
6.1. We reserve the right to modify these terms and conditions at any
time. All customers are encouraged to check our website at least once a
month to ensure they are aware of any
changes.
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