General Terms and Conditions of Business
1. PAYMENT
1.1 No services are provided until cleared payment has been received by Netscan UK Limited (The Company) . The Company accepts no liability for losses resulting from delayed completion or delivery of the site arising as a result of late payment.
1.2 The Company reserves the right to change prices of accounts or services at any time prior to the receipt of cleared funds.
1.3 Payment is due each anniversary year or month following the date the account was established.
1.4 Customers will automatically be charged again at the end of the first year unless written cancellation has already been given. The Customer may cancel the contract at any time and pay no further fees save for any costs already incurred by the Company or its Agents.
1.5 In the event that payment for hosting email or any other provided service is late or declined the Company reserves the right to remove the Customer's site from the web servers until payment has been received and cleared into the Company Account. The Company accepts no liability for any loss of revenue in such eventualities.
1.6 In the event that payment for hosting is not received within 30 days of the due date the Company reserves the right to sell all unpaid for elements of the website (including any Domain name(s) and bespoke systems) to any interested third party.
2. PAYMENT OPTIONS
2.1 All invoices will be sent to the Customer via email
2.2 All payment is in UK sterling Please ensure you read the terms of use statement before ordering or registering.
2.3 Methods of payment available:
2.3.1 Credit / Debit Cards- the Company accepts Mastercard and Visa Payment will be charged automatically to the Customers card on receipt of invoice.
2.3.2 by Cheque or BACS online
3. STABILITY SECURITY AND PERFORMANCE
3.1 The Company makes no warranty as to the stability, security or performance of a shared hosting server on which the site and databases are hosted.
3.2 Sites hosted by a Customer specified third party will be supplied on an "as is" basis. The Company will not in any event, accept liability for the operation or stability of any site hosted by a third party.
3.3 Web hosting accounts include a certain amount of bandwidth, if you exceed this amount in any one month your account may be deactivated to prevent hacking or spammers damaging other customers on the shared service. If you exceed the usage you may have to upgrade to an account that has more bandwidth included or until the start of the following month. Your bandwidth usage is shown in the Control Panel.
3.4 Web hosting accounts that host file distribution (including but not limited to music, video and software) are subject to agreed limitations
3.5 Should your account use have a detrimental effect on other customers on a shared server we will discuss with you alternative solutions for your hosting requirements.
3.6 Web hosting accounts are prohibited from hosting adult material, hosting graphics or scripts for other websites, storing pages, files or data as a repository for other websites or as a backup, giving away web space under a domain.
4. INTERNET
4.1 The internet is a collection of computers linked to each other via standard communications protocols. There is no single body responsible for ensuring the constant operation of the internet as a whole. Due to the modular and ad hoc nature of the internet there may be occasions when users may be unable to access parts of the internet. The Company accepts no liability for the loss of visitors or potential revenue in such circumstances.
4.2 The Company acts as the Customers agent for the domain registration. Customers of the Company are bound by the terms and conditions of the relevant naming authority. The Company cannot guarantee that it will be able to register any requested domain name until the Company has given specific confirmation. The Customer cannot assume that registration has been affected until confirmation is received from the Company.
4.3 The operation of a site's domain name is controlled solely by the Domain Name provider. The Company is unable to accept any liability for the continued operation of the Domain Name Servers.
4.4 The Company accepts no liability for any ranking, points, review or opinion associated to the site by any search engine or other third party.
5. SITE CONTENT
5.1 The Customer is responsible for the content of its web pages, including obtaining the legal permission for any works it may include and ensuring that the contents of these pages do not violate UK law. Commercial use is permitted.
5.2 The Company reserves the right to suspend or cancel a Customer's access to any or all services provided by the Company if in the Company's view it decides the Account has been inappropriately used or otherwise.
5.3 The Company expressly prohibits Adult Material and Illegal Material including material that may cause reasonable offence including "links to" or "how to" information about such material.
5.3.1 Adult Sexual Material includes but is not limited to pornography, erotic material , or anything of an obscene nature.
5.3.2 Illegal Material Any material which may by its nature contravene English or European law such as material and works protected by copyrights, including written words music or film and any other religious, racial or political material that may contravene UK or European law by its display.
5.3.3 The Company reserves the right to define what constitutes adult or offensive material even where such material may not be illegal under UK law. This restriction extends to the inclusion of links to sites that provide any of the above
5.4.The customer may not use the site for unsolicited bulk e-mailing or spam.
6. BACK UP OF DATA
6.1 Data stored on shared servers are not guaranteed to be backed up. The Customer must secure their own data and applications.
7.SITE MODIFICATION
7.1 In the event that any alteration by the Customer ( or any person acting on their behalf ) renders the site or any part of the site unusable the Company will not provide support for its restoration .
7.2 If the Customers bandwidth reaches the points where it has an adverse affect on other customers on the shared server the Company reserve the right to disable your site until the Customer can reduce its bandwidth usage. The Company endeavours to advise the Customer of its options before this becomes necessary
8. LIMITATION OF LIABILITY
8.1 The Customer agrees that the Company (which shall include any parent or associated company) shall not be liable for any special, indirect, incidental, exemplary, punitive or consequential damages or any damages resulting from loss of profits, arising out of or in connection with this Agreement, even if the Company had been advised of the possibility of such damages, and in particular the Company shall not be liable for:
8.1.1 loss or suspension of the Customers domain name;
8.1.2 use of the Customer domain name registration;
8.1.3 any fiscal loss or otherwise of the customer project as a profit making project
8.1.4 interruption of your business
8.1.5 non-delivery, mis-delivery, corruption, destruction, or modification of data
8.1.6 processing of an application for domain name registration
8.1.7 any breach of the Data Protection Acts by the Customer
8.1.8.events beyond the reasonable control of the Company
8.2 The Company shall not be held liable or responsible for any errors, omissions or other actions arising out of or related to the Customers application, receipt, or failure to receive a domain registration.
8.3 The Company's maximum aggregate liability shall not exceed the greater of:
8.3.1 the total amount paid by you for the registration of the domain name; and 8.3.2 £50.00 (UK Pounds)
8.4 The Customer agrees to defend, indemnify and hold harmless the Company and the registry administrator, including the Company's employees, directors, officers, representatives, agents or affiliates, from and against all and any claim, action, suit, demand, damages, loss, costs, (including reasonable legal fees, expert witness fees and expenses), or other proceeding relating to or arising from:
8.4.1 the registration or use of the domain name.
8.4.2 any legal fees or claims that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns.
8.4.3 any injury to person or property caused by any products sold or otherwise distributed in connection with the Company server;
8.4.4 any material supplied by the Customer in good faith infringing or allegedly infringing on the proprietary rights of a third party;
8.4.5 copyright infringement
9. COPYRIGHT
9.1 Copyright for all Customer supplied data, databases, structure and content therein, and all data submitted by third parties via the Website or other feedback input and data generated by the Customer requested dynamic statistic collection using both the server and customer- side scripting is and remains the sole property and liability of the Customer
9.2 The Company retains copyright and licence on all bespoke scripting functions and programming both on the server- side and Customer- side and reserves the right to deploy the scripts elsewhere at any time and undertakes to do so without reference to the Customer or any material or data structure owned by the Customer.
9.3 The Company retains all copyright and licence for all scripting pertaining to any content management system it uses and all data, databases, structure and content therein necessary for its operation and its user privilege system and all data, databases structure and content therein for tertiary data tables such as lists of countries, unitary conversion tables and temporary tables created for the express purpose of assisting and ensuring the efficient execution of the scripts outlined above.
10. CANCELLATION AND REFUNDS
10.1 The Company reserves the right to cancel this Agreement at any time. If a customer contravenes the Company's terms and conditions under this Agreement a pro-rata refund will not be issued in the event of a cancellation.
10.4 Customers may cancel their account at any time but refunds will be at the company's discretion
11 DISCLAIMER
11.1 The Company will not be responsible for any damages to the Customers business of any kind whatsoever.
11.2 The Company makes no warranties of any kind, expressed or implied for services provided. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by the Company and its employees.
12. LAW
These terms and conditions shall be governed by English Law.
