Terms and Conditions
You indicate acceptance of these terms and conditions of service by placing
an order with HostWebUK.
These terms and conditions will not be varied for individual customers.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the
following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors
of the Website;
1.1.2 "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;
1.1.3 "HostWebUK" means AJM Computer Services, Trading as HostWebUK;
1.1.4 "IP address" stands for internet protocol address which is the numeric
address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by HostWebUK in
connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email and
any other services or facilities provided by HostWebUK.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "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";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at www.hostwebuk.com.
1.3 Words denoting the singular shall include the plural and vice versa and
words denoting any gender shall include all genders.
1.4 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.
2 INTRODUCTION
2.1 The Customer wishes to provide HostWebUK with data that will be hosted
on HostWebUK's servers and made accessible via the Internet.
2.2 HostWebUK provides web hosting services and has agreed to host the Customer's
data upon the following terms and conditions.
3 DUTIES
3.1 HostWebUK shall provide to the Customer the Services specified in their
order subject to the following terms and conditions.
3.2 The Customer shall deliver to HostWebUK the website and the software used
in the website which is owned by the Customer, or licensed to him by a third
party or HostWebUK ("the Customer Software), in a format specified by HostWebUK.
4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and Visa),
debit cards (including Switch/Maestro)
4.2 HostWebUK do not accept cheques, bank transfers, postal orders, cash or
any other form of payment other than those outlined in 4.1 4.3 The Charges
are exclusive of VAT, which if payable shall be paid by the Customer.
4.4 HostWebUK 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.
4.5 HostWebUK do not provide credit facilities. 4.6 From time to time HostWebUK
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.
4.7 HostWebUK provide "Money-Back Guarantees" on certain products. Should
your product qualify for this guarantee please raise a support ticket at www.hostwebuk.com/support/index.php
within 30 days of placing your order for a full refund. This guarantee excludes
domain names which may not be cancelled once ordered. If the customers package
includes a free domain name, then HostWebUK will refund the package, price
minus the cost of the Domain as advertised in the Domains section of the website
at the time of refund. Customers are limited to using the money-back guarantee
once.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled
before the end of the year.
4.9 Should your chosen payment method fail HostWebUK will attempt to settle
your invoice using any other payment facilities available on your account.
4.10 All services will renew until cancelled by the customer. HostWebUK 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.
5 IP ADDRESSES
5.1 HostWebUK 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.
5.2 Where HostWebUK changes or removes any IP address it shall use its reasonable
endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to HostWebUK
("HostWebUK's software") in order to use the Services, HostWebUK 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
HostWebUK 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 HostWebUK Software.
6.2 In relation to HostWebUK's obligations under this Agreement in connection
with the provision of the Services, the Customer grants to HostWebUK 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 HostWebUK any right, title, interest
or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third
party, sell, lease, license or sublicense HostWebUK Software.
6.4 HostWebUK 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, HostWebUK
shall destroy all such copies of the Content and other materials provided
by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 HostWebUK 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, HostWebUK
makes no warranties or representations that the Service will be uninterrupted
or error-free and HostWebUK shall not, in any event, be liable for interruptions
of Service or downtime of the server.
7.2 HostWebUK carries out data backups for use by HostWebUK in the event of
systems failure. HostWebUK do not provide data restoration facilities for
individual customers. Even though every effort is made to ensure data is backed
up correctly HostWebUK accepts no responsibility for data loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 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:
8.1.1 use the Services or the website in any way to send unsolicited commercial
email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result
of affecting the performance of any computer facilities;
8.1.3 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;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including
rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via
the Website;
8.1.6 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
8.1.7 obtain or attempt to obtain access, through whatever means, to areas
of HostWebUK's network or the Services which are identified as restricted
or confidential. This includes leaving your home directory whilst using SSH
access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For
the avoidance of doubt, HostWebUK is not obliged to monitor, and will have
no liability for, the content of any communications transmitted by virtue
of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined
in Clause 8.1 HostWebUK shall be entitled to withdraw the Services and terminate
the Customer's account without notice.
9 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 HostWebUK and the password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to HostWebUK that HostWebUK'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 HostWebUK as set out in Clause 6.2.
10.2 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,
HostWebUK shall not be liable to the Customer as a result of any viruses introduced
or passed on to the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold HostWebUK 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 HostWebUK 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.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit HostWebUK's
liability for death or personal injury resulting from HostWebUK's negligence
or that of its employees, agents or sub-contractors.
12.2 The entire liability of HostWebUK 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.
12.3 In no event shall HostWebUK 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 HostWebUK had been made aware of the
possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 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.
13.2 HostWebUK 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.
13.3 Either party may terminate this Agreement forthwith by notice in writing
to the other if:
13.3.1 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
13.3.2 the other party commits a material breach of this Agreement which cannot
be remedied under any circumstances; or
13.3.3 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
13.3.4 the other party ceases to carry on its business or substantially the
whole of its business; or
13.3.5 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.
13.4 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.
13.5 On termination all data held in the customers account will be deleted.
14 ASSIGNMENT
14.1 HostWebUK may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any
part of it without HostWebUK's prior written consent.
15 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.
16 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.
17 NOTICES
Any notice to be given by either party to the other may be sent by either email 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 recorded delivery shall be deemed to be served 2 days following the date of posting.
18 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.
19 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.
20 DOMAIN NAME REGISTRATION
20.1 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 HostWebUK will provide a full refund for that domain name.
21 SCRIPTING
HostWebUK 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.
22 PRIVACY
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23 DATA TRANSFER
23.1 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.
23.2 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.
24 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.
25 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.
26 EMAIL NEWSLETTER
HostWebUK 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.
27 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.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.