West Toddlehills Web Blackhills Peterhead Aberdeenshire Scotland AB42 0LY [t] 0800 018 62 65 [f] 01779 473549
terms
Terms and Conditions of Business (click
here for salient points)
These
terms of business apply to all hosting plans and domain name registration
services. They do not apply to dedicated server products. We reserve
the right to change these Terms at any time.
"We" or "Us"
or "The Company" includes Zincweb Internet
of: West Toddlehills Web, Blackhills, Peterhead, AB42 0LY or any
party acting on our implicit instructions. "You"
includes the person purchasing our services or any party acting
on the customer's instructions. "The Registrant"
includes the person applying for a domain name or any party acting
on the Registrant's instructions. "The Registry"
is the relevant domain names Registry. "Server"
means the computer server equipment operated by us in connection
with the provision of the Services. "Web Site"
means the area on the Server allocated by us to you for use by you
as a site on the Internet.
In consideration of the mutual covenants herein, the parties agree
to the following, which shall apply during the term of this Agreement:
1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register
is capable of being registered by or for you or that it will be
registered in your name. You should therefore not assume registration
of your requested domain name(s) until you have been notified that
it has or they have been registered. Any action taken by you before
such notification is at your risk.
1.2 The registration and use of your domain name is subject to the
terms and conditions of use applied by the relevant Registry; you
shall ensure that you are aware of those terms and conditions and
that you comply with them.
1.3 You shall have no right to bring any claim against us in respect
of refusal to register a domain name.
1.4 Any administration charge paid by you to us shall be nonrefundable
notwithstanding refusal by the Registry to register your desired
name.
1.5 We shall have no liability in respect of the use by you of any
domain name; any dispute between you and any other person must be
resolved between the parties concerned in such dispute. If any such
dispute arises, we shall be entitled, at our discretion and without
giving any reason, to withhold, suspend or cancel the domain name.
We shall also be entitled to make representations to the relevant
Registry but will not be obliged to take part in any such dispute.
1.6 We shall not release any domain to another provider unless full
payment for that domain has been received by us. We are personally
responsible for allocation/alteration of nameserver details and
do not provide you with this facility. Moreover, due to a 60 day
rolling credit agreement with Nominet, we are unable to make changes
to UK TAG names until 60 days after a UK domain has been submitted
for registration. Also see clause 2.13
2. Web Site Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy
or quality of information received by any person via the Server
and we shall have no liability for any loss or damage to any data
stored on the Server.
2.2 You represent, undertake and warrant to us that you will use
the Web Site allocated to you only for lawful purposes. In particular,
you represent, warrant and undertake to us that:
2.2.1 You will not use the Server in any manner which infringes
any law or regulation or which infringes the rights of any third
party, nor will you authorise or permit any other person to do so.
2.2.2 You will not upload, post, link to or transmit (violation
will result in immediate termination of services):
(a) any material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission
of, a criminal offence or which infringes any patent, trade mark,
design right, copyright or any other intellectual property right
or similar rights of any person which may subsist under the laws
of any jurisdiction.
2.2.3 You will not send bulk email whether opt-in or otherwise from
our network. Nor will you promote a site hosted on our network using
bulk email. We employ additional methods of limiting excessive bulk
mailing to protect resources and reputation.
2.2.4 We have a zero tolerance for Unsolicited Commercial Email
(UCE) that is in any way associated with Zincweb Internet, its clients,
or any of its client's associates. Customers are prohibited in anyway
whatsoever from using UCE as a means of advertising data or services
to distribute such materials. Please review the information at http://spam.abuse.net
for more information on what constitutes UCE, or 'Spam.' Infringements
of our UCE policy can result in any one of the following:
A warning, via E-mail or telephone.
Removal of DNS for the advertised or originating site.
Temporary shutdown of the server or a block on outgoing mail.
Permanent disconnection of service without refund.
Infringements of this policy include, but are not limited to:
Attempting to transmit an e-mail via our services from a domain
name that is not resident on our network.
Sending mail to users who have not specifically requested to
receive such mail, including opt-out mailing lists. If the customer
claims that the mailing was “opt-in”, then the onus
is on the customer to prove this, either by showing an opt-in
mail request, and/or the IP address and date and time of the signup.
Please ensure that all opt-in mail is confirmed opt-in, ie the
user is sent a signup confirmation which requires them to reply
or click on a web link to confirm their registration, designed
in such as way as to make it impossible for someone to sign-up
a thirdparty either by accident or deliberately.
Sending, being involved in sending, or employing a third party
to send mail which advertises or mentions a site hosted at Zincweb
Internet to users that have not specifically requested this mail.
Forging of message headers to mask the originator of the message.
Harassment, whether through language, frequency, or size of
messages, is prohibited.
2.2.5 You will not employ programs which consume excessive system
resources, including but not limited to processor cycles and memory.
2.3 We reserve the right to remove any material which we deem inappropriate
from your Web Site without notice to you.
2.4 You shall keep secure any identification, password and other
confidential information relating to your account and shall notify
us immediately of any known or suspected unauthorised use of your
account or breach of security, including loss, theft or unauthorised
disclosure of your password or other security information.
2.5 You shall observe the procedures which we may from time to time
prescribe and shall make no use of the Server which is detrimental
to our other customers.
2.6 You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure
manner.
2.9 In the case of an individual User, you warrant that you are
at least 18 years of age and if the User is a company, you warrant
that the Services will not be used by anyone under the age of 18
years.
2.10 Any access to other networks connected to us must comply with
the rules appropriate for those other networks.
2.11 While we will use every reasonable endeavor to ensure the integrity
and security of the Server, we do not guarantee that the Server
will be free from unauthorised users or hackers and we shall be
under no liability for non-receipt or misrouting of email or for
any other failure of email or Services.
2.12 If ownership, administration, technical or billing details
require amendment, a £10 administration surcharge is applicable
per domain.
2.13 Changes to nameserver details are normally free for the first
change per domain. Any subsequent changes will incur an administration
surcharge of £10.
2.14 Any reference to unlimited webspace or bandwidth with some
account types means unlimited space for legitimate web site content
and bandwidth for visitors to view it. All files on a domain must
be part of the active website and linked to the site. Sites should
not contain any backups, downloads, or other non-web based content.
We will also treat all password protected archive (e.g. zip and
rar) files as unacceptable.
3. Resellers and Partners
3.1 If you are or become a partner to our Services you will continue
to be bound by these terms and conditions and you will be responsible
for ensuring that your customers are bound by terms and conditions
that adequately reflect and give effect to these.
3.2 You shall not incur or purport to incur on our behalf any liability
nor in any way pledge or purport to pledge our credit or to make
any contract binding on us.
3.3 No default by your customers shall in any way affect, modify
or limit your obligations under this Agreement.
3.4 We do not authorise you to sell our services under your own
brand for the direct use of your clients only. You may not permit
your clients to resell the services You provide, or resell the Services
We provide.
4. Service Availability
4.1 We shall use our reasonable endeavours to make available to
you at all times the Server and the Services but we shall not,
in any event, be liable for interruptions of Service or down-time
of the Server.
4.2 We shall have the right to suspend the Services at any time
and for any reason, generally without notice, but if such suspension
lasts or is to last for more than 12 hours you will be notified
of the reason and be eligible for pro-rata refund.
4.3 We reserve the right to cancel or suspend service with no
notification or notice to you in the event of non-payment of due
fees for services rendered.
5. Payment
5.1 All charges payable by you for the Services shall be in accordance
with the scale of charges and rates available on request and shall
be due and payable in advance of provision of the Services.
5.2 We reserve the right to change pricing at any time although
all pricing is guaranteed for the period of pre-payment.
5.2 Payment is due each anniversary month, quarter or year following
the date the Services were established until closure notice is
given in accordance with 6.4. If you choose to pay by credit or
debit card you authorise us to debit your account renewal fees
from your card.
5.3 All payments must normally be in UK Pounds Sterling.
5.4 If your cheque is returned by the bank as unpaid, for any
reason, you will be liable for a "returned cheque" charge
of £40.
5.5 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 forthwith to suspend the provision
of Services to you.
5.6 We retain design copyright of all material produced, excluding
any material supplied by You which shall remain your copyright.
Upon full payment for services rendered we may, at our discretion
and upon request, transfer all design copyright to You or a third
party.
6. Termination And Refunds
6.1 We shall be entitled to suspend the Services and/or terminate
this Agreement forthwith without notice to you if you:
6.1.1 fail to pay any sums due to us as they fall due.
6.1.2 break any of these terms and conditions.
6.1.3 are a company and you go into insolvent liquidation or suffer
the appointment of an administrator or administrative receiver
or enter into a voluntary arrangement with your creditors.
6.2 No refunds will be made under any circumstances for Services
suspended in accordance with 6.1 or 2.2
6.3 We reserve the right to suspend the Services and/or terminate
this Agreement at any time. In the event of this You will be entitled
to a pro rata refund based upon the remaining period of prepayment.
6.4 You may cancel the Services at any time. To do so you must
request cancellation of the Services in writing or by fax on Headed
notepaper. We will cancel the Services within 2 working days of
receipt of your request.
6.5 Distance Selling - During the first 7 days of Services, You
are entitled to a refund of the basic hosting plan rental fee
should You decide to cancel the Services. No full refunds or pro
rata refunds will be made after the first 7 days of service should
You decide to cancel the Services. This does not apply if You
have taken advantage of a free trial period longer than 7 days.
6.5.1 Domain name registration fees, charges for additional data
transfer and charges for optional extras added to your account
are not refundable on this basis.
6.5.2 You will not be entitled to a refund on this basis if you
have previously held an account with us.
6.6 Where payment has been made by credit or debit card, any refund
will only be issued to the same credit or debit card. In certain
cases, including NoChex payments, NoChex may deduct and impose
a service charge for refunded payments - currently 2.9% plus 0.20p
for Sterling transactions.
6.7 On termination of this Agreement or suspension of the Services
we shall be entitled immediately to stop access to your Web Site
and to remove all data located on the Server.
6.8 If an overdue account is referred to a Factoring Organisation
or Debt Collection Agency, an additional administrative fee equivalent
to 10% of the balance outstanding will be liable.
7. Indemnity 7.1 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 this Agreement.
8. Limitation Of Liability 8.1 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, subject always to subclause 8.2.
8.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
8.3 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.
8.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
8.5 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.
9. Notices 9.1 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 ancillary application forms 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 two days following the date of posting.
10. Law 10.1 This Agreement shall be governed by and construed in accordance with Scottish law and you hereby submit to the non-exclusive jurisdiction of the Scottish courts.
11. Headings 11.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
12. Entire Agreement 12.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
terms
These
terms of business apply to all hosting plans and domain name registration
services. They do not apply to dedicated server products. We reserve
the right to change these Terms at any time.