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1. Definitions and Interpretation
“Client”, “you”, “customer” means any person or organisation with whom the company enters into an agreement which shall be subject to these conditions.
“Company”, “us”, “we” means Page Hosting Ltd of registered office 44a Winchester Road, Petersfield, Hampshire GU32 3PG. Page Hosting Ltd is a private limited company registered in England and Wales No. 4194856.
“Applicant” means any person or organisation that submits an application to register a domain name with an appropriate registry via the customer.
“Domain Name” means any Internet name registered with an appropriate domain registry.
“Registrant” means any person or organisation that is entered into an appropriate registry as the registrant of a domain name.
“Registry” means an organisation that the company uses to register domain names.
“Password” means an alphanumeric string provided by the company or chosen by the customer for the purposes of ensuring exclusivity of access to services.
“Services” means any services purchased from the company by the customer including but not limited to: Web hosting, e-mail services, co-location and domain name registration, as specified in a quotation or order.
“Terms” means this document and any other documents referenced herein, which together comprise the standard terms and conditions of business.
“Website” means the company Internet site found at URL: http://www.pagehosting.co.uk/
2. Service
a) We will set up and configure Internet related services as detailed on the website, quotation or order form as soon as is reasonably possible.
b) We will not take any action in preparation to provide services to you until full cleared payment and any other initial details requested by us have been received.
c) We will endeavour to provide high quality services to you with due skill and diligence, however, due to the nature of the services we provide, we do not undertake to, or make any claim, to provide a completely fault-free service.
When a fault does occur, we will endeavour (on a best-effort basis) to repair and restore service to you as soon as is reasonably possible, however, we will not be held responsible for any delay in restoration of service or any loss arising from such delay, without limitation, to the maximum extent permitted by applicable law.
d) We reserve the right to change, alter, amend, improve, discontinue (temporarily or permanently) or otherwise modify the services upon giving reasonable notice to you. We cannot be held responsible for any loss or damage (financial or otherwise, including consequential loss) without limitation, (to the maximum extent permitted by applicable law) caused by any changes we may make to services from time to time.
e) We shall be entitled to restrict the available network bandwidth to any customer in order to protect the availability and quality of services, from time to time.
f) In the event that the customer exceeds their pre-paid data transfer allocation, the customer will be invoiced monthly at the excess rate of 1.5p per additional 1MB transferred. If the customer is using substantially more than their pre-paid allocation, the company reserves the right to issue an interim invoice to the customer which will be due for payment immediately in order for provision of service to continue.
3. Domain Names
a) The company expressly disclaims any representations (express or implied) as to the availability of, or likelihood of successful registration of any domain name.
b) The customer hereby appoints the company to act as its agent for the purposes of registering domain names and/or transferring the registration of domain names between registries as requested by the customer from time to time.
c) On behalf of the registrant, the customer authorises the company to:
· Enter into a contractual agreement on behalf of the applicant, which will be subject to the terms and conditions of the appropriate domain name registry.
· Provide contact details and other requested details about registrant to the appropriate domain name registry.
· Make necessary changes to the delegation of the domain name from time to time, if the customer is using DNS services provided by us.
· Disclose any communications between the company and the customer to the domain name registry, as the company deems necessary.
d) The customer acknowledges that whilst the company will make every effort to register any domain name ordered by the client; the company cannot be held responsible for any failure to successfully register any domain name.
e) The company’s obligations in relation to the registration of domain names shall be limited to submission of initial application requests to the appropriate registry and provision of basic administrative service in relation to the application.
f) Where payment for domain name registration has not been received by the due date, the customer acknowledges that the company may cancel the registration with the appropriate registry, potentially leaving the domain name open to registration by others.
4. Anti-Spam and Anti-Virus Service
The customer hereby accepts that:
a) Computer software operated by the company will investigate and analyse the contents of each e-mail message in order to ascertain whether it contains a virus or whether to classify it as spam or junk e-mail.
b) Anti-spam and anti-virus systems are not 100% accurate.
We will make reasonable efforts to treat spam e-mails and e-mails containing viruses according to your instructions, however, we offer no guarantee of reliability of detection.
c) The software will make modifications to the headers and body of the e-mail message as appropriate, to indicate that the message has undergone checks and the result of these checks.
d) The anti-spam system automatically optimises its classification techniques by storing parts of the contents of e-mail messages that pass through it.
e) The e-mail anti-virus service provides another line of defence against computer viruses, however, it is not a replacement for a good desktop virus scanning utility.
5. Obligations of the Customer
The customer hereby agrees to:
a) Adhere to the acceptable use policy (AUP) published by the company and updated from time to time, and meet any costs incurred in ensuring that compliance is maintained at all times.
The AUP can be found at http://www.pagehosting.co.uk/about_aup.php or a copy can be obtained by contacting us.
b) Not use any services provided by the company for any purpose that is unlawful.
c) Fully indemnify and hold the company and it’s directors, employees, contractors, agents and affiliates harmless from all liability, including costs (on a full indemnity basis) which may befall the company as a result of:
· Breach of this contract.
· Misuse of the services.
· Claims by any third party as to ownership or usage rights to any domain name registered/transferred by the company at the customer’s request.
· Failure to notify the company of any changes in contact details.
d) Notify the company in writing immediately of any changes in contact information. We cannot be held responsible for any loss or damage incurred by you, as a result of failure to notify us of such changes.
e) Keep confidential all passwords, which are used to access services provided by us and notify us immediately if any passwords have become known by any means, to an unauthorised party.
f) Notify us immediately of any suspicions that security of any service has been breached.
g) Settle all invoices with the company, in full, by the due date and in accordance with specifications on the invoice. An invoice will be considered to be unpaid until cleared funds are received in full.
h) Meet any expenses incurred by the company in connection with the recovery of any overdue monies and pay interest on any overdue balance at a rate of 5% above the base-lending rate of National Westminster Bank PLC, calculated on a daily basis until cleared funds are received in full.
i) Arrange adequate insurance to cover the cost of any loss/damage to their co-located equipment whilst at or in transit to/from the data centre.
6. Confidentiality
Both parties agree to treat as confidential and not to use or disclose any information of a technical or business nature received from the other in connection with, or whilst carrying out their obligations under this agreement, unless such information becomes public by other means or is of a general knowledge nature; or either party is required to disclose such information by a Government department or other authority.
7. Termination
a) This agreement may be terminated by either party, if the other commits a material breach of these conditions and has failed to remedy the breach (if this is possible), within a reasonable period of time as may be specified on a formal request in writing.
b) The company may terminate this agreement by giving at least 14 days written notice to the customer.
c) Unless specified otherwise, the minimum period for the provision of services is 12 months from the date on which they are first made available to the customer and shall continue thereafter for successive 12 month terms until notice is served to the company, which must be received at least 30 days before the anniversary of the contract otherwise it will be renewed for a further 12 month term.
d) Any IP address space assigned to the customer for use with the service must be returned on termination of this contract.
e) Once this agreement has been terminated, any monies owed will immediately become due for payment.
f) Where the customer has equipment co-located in data centre space operated by the company, the customer must make arrangements for the equipment to be collected either in person or by courier within 3 working days; otherwise additional storage charges may be made.
8. Miscellaneous
a) If any clause which comprises these terms and conditions is deemed unenforceable this shall have no affect upon the enforceability of any other provision of these terms and conditions.
b) These terms and conditions shall be governed in accordance with English law. In the event of a dispute concerning these terms and conditions, both parties agree that they shall be subject to the exclusive jurisdiction of the English courts.
c) The company reserves the right to suspend or terminate the service immediately and without refund if the customer is in breach of this agreement.
d) Any failure by either party to exercise their rights under this agreement shall not constitute a waiver.
e) The company reserves the right to vary these terms and conditions by giving the customer at least 14 days written notice, upon which the customer will be deemed to have accepted any amendments.
f) We reserve the right to sub-contract any or all of our rights and obligations under these conditions without your consent.
g) All prices quoted exclude VAT unless otherwise stated.
h) Should we consider that your query to our technical support service exceeds the scope for which it is intended, or that your needs could be better served with a bespoke consultancy package, we may require that you agree to pay for additional consultancy time before we will provide assistance with your enquiry.
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