Terms & Conditions

Last updated: 11/12/2011

1 Interpretation

1.1 The definitions and rules of interpretation in this condition apply in these conditions:

  • “Terms and Conditions” means these Terms and Conditions;
  • “Contract” means the Contract incorporating these Terms and Conditions which is formed when You place an Order and We confirm acceptance of such Order;
  • “Order” means a purchase order in respect of the Products and Services completed or agreed by You and submitted to Us, together with all necessary documents and a completed and signed Order Confirmation, if an Order Confirmation is required;
  • “Order Confirmation” means Your statement of requirements as documented by Us and agreed by You;
  • “Order Acknowledgement” means written confirmation of the Products, Services, prices and estimated delivery dates for the Orders You place with Us;
  • “Quotation” means an agreed piece of work (incorporating these Terms and Conditions) provided by Us to You in respect of the Products and Services. No Contract will come into existence until an Order Confirmation has been completed and signed on behalf of You and an Order Acknowledgement has been signed on behalf of Us;
  • “Product” means any Product advertised on this website;
  • “Service” means any Service advertised on this website;
  • “We/Us/Our” means Megademic Ltd (company number 6686897) whose registered office is at 62 Upper Fant Road, Maidstone, Kent ME16 8DN, and any subsidiary, agent or trade name through which the Products and Services are sold;
  • “You/Your” means a user of this website or a company, organisation, body or person purchasing Products or Services from Us;
  • “Project” means any Product or Service provided by Us for You on Your request. All Projects are confirmed by You in the way of a signed Order Confirmation which is usually supplied along with a Quotation;
  • “Payment Due Date” means the time allowed by Us for receipt of the monies owed to Us by You;
  • “Content” means both text and images, supplied by You for Your Project;
  • “Working Day” means 09.00 to 17.00 Monday to Friday.
  • “Commission Agreement” means a binding Contract between You and Us whereby You agree to pay Us an agreed percentage of sales revenue in return for the completion of a Project at no/minimal initial cost;
  • “Commission” means a minimum payment of 10% in respect of each Trigger Event that occurs; and
  • “Trigger Event” means an event giving rise to a payment obligation under the Commission Agreement, being an online sale made by You.

1.2 Words in the singular include the plural and in the plural include the singular. A reference to one gender includes a reference to the other gender. Condition headings do not affect the interpretation of these Terms and Conditions.

2 Application of Terms and Conditions

2.1 Subject to any variation under condition 2.3 each Contract shall be governed by these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which You purport to apply under any Order, confirmation of Order, specification or other document).

2.2 No terms or conditions endorsed on, delivered with or contained in Your Order, confirmation of Order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.3 These Terms and Conditions apply to all of Our sales and any variation to these Terms and Conditions and any representations of our Products and Services shall have no effect unless expressly agreed in writing and signed by Us. You acknowledge that You have not relied on any statement, promise or representation made or given by on behalf of Us which is not set out in the Contract. Nothing in these Terms and Conditions shall exclude or limit our liability for fraudulent misrepresentation.

2.4 These Terms and Conditions apply to Your use of this website and are the Terms and Conditions on which We will supply any of the Products and Services to You and by proceeding further and/or placing an Order You agree to be bound by the Terms and Conditions. If You do not agree to be bound by them, You should leave this website now.

2.5 The Terms and Conditions applicable to the purchase of Products and Services offered for sale through this website and elsewhere shall be mutually exclusive. In particular, promotions and offers advertised on this website shall not be valid in connection with any purchase elsewhere, and promotions and offers available elsewhere shall not be valid in respect of website purchases.

2.6 When using this website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on this website. For the purposes of the Contract, You agree to this electronic means of communication and You acknowledge that all Contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.

2.7 We may change these Terms and Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It is Your responsibility to check regularly to see if any changes have been made to these Terms and Conditions. We reserve the right to modify or withdraw this website at any time without liability to You.

3 Description & Availability

3.1 The quantity and description of the Products and Services shall be as set out in our Quotation or Order Acknowledgement.

3.2 We take all reasonable measures to ensure that details and descriptions of Products and Services provided on this website are as accurate and complete as possible but there may be variations between these and the Products and Services themselves. All Products and Services are subject to availability.

4 Limitation of Liability

4.1 We warrant to You that any Product or Service purchased from Us through this website is of satisfactory quality and reasonably fit for all the purposes for which Products and Services of the kind are commonly supplied.

4.2 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price.

4.3 All warranties and terms and conditions implied by statute or common law (save for the terms and conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

4.4 We will not be liable to You in contract, tort or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data, depletion of goodwill, costs, damages, charges, expenses or any other indirect or economic losses whatsoever suffered or incurred by You arising out of or in connection with these Terms and Conditions.

4.5 You agree to indemnify Us fully from and against all claims, liability, costs, damages, losses and expenses (including legal fees) arising out of any breach of these Terms and Conditions by You or any other liability arising out of Your use of this website.

4.6 Nothing herein shall affect Your statutory rights.

4.7 Nothing in these Terms and Conditions shall limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.

5 Assignment and Sub-Contracting

5.1 None of Your rights or obligations under the Contract may be assigned or transferred in whole or in part without Our prior written consent.

5.2 This website shall be for Your sole use and shall not be capable of assignment to a third party by You.

5.3 We shall be entitled to sub-contract any work relating to the Contract without obtaining the consent of, or giving notice to, You.

6 Third Parties

6.1 All transactions with third party providers are solely between You and the individual provider. We are not the agent, representative, trustee or fiduciary of You or the third party provider in any such transaction.

6.2 All discounts, promotions and special third party offers may be subject to additional restrictions and limitations imposed by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with You to provide the products or services. You should confirm the terms of any purchase and/or use of products or services with the specific provider with whom You are dealing.

6.3 We do not make any representations or warranties regarding, and are not liable for, the quality, availability or timeliness of products or services provided to You by a third party provider. You undertake all transactions with these providers at Your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

6.4 You shall indemnify Us and keep Us indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by Us with Your instructions, whether express or implied.

6.5 A person who is not party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any aspect of these Terms and Conditions. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

7 Ownership

7.1 The credit card holder, bank account holder or owner of the PayPal email address which is used for payment of the Order is designated as the authorised owner of the Products or Services, including web hosting accounts, domain purchases and other subscription services.

7.2 Any Project files created by Us for You shall remain Our intellectual property and We shall grant You a license to use any design elements, graphics, images and code on the Project specified in the Contract.

7.3 Any Products sold by Us and Ordered by You shall remain Our intellectual property and We shall grant You an exclusive license to use the Products in one instance on one domain. You may not sell, repackage, share or otherwise distribute in whole or in part any part of the Products without Our prior written consent.

8 Quotations

8.1 A Quotation shall not be binding on Us and a Contract will only come into existence upon acceptance by Us of the Order by providing You with a signed Order Acknowledgement.

8.2 Quotations submitted by Us will remain open to acceptance by You for a period of 30 days from the date of the Quotation (unless a different validity period is specified in the Quotation), provided that We have not previously withdrawn the Quotation.

9 Prices

9.1 We shall (if applicable) add to the price of the Products and Services, and You shall pay, an amount equal to any VAT or other sales tax or duty applicable from time to time to sales or supply of such Products and Services.

9.2 By notifying You, We shall be entitled to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product or Service the price of which was stated incorrectly on this website.

9.3 The amount You pay for subscription-based services such as web hosting will never increase from the date of purchase. We reserve the right to change the price of any Product or Service without notice or liability to You.

10 Order Placement

10.1 After placing an Order, You will receive an email from Us acknowledging that We have received Your Order. This does not mean that Your Order has been accepted. Your Order constitutes an offer to Us to purchase a Product or Service. All Orders are subject to acceptance by Us and We will confirm such acceptance by providing You with a signed Order Acknowledgement, unless the Order is for a digital Product (such as a website script or theme) whereby delivery of the digital Product will be confirmation of Our acceptance of Your Order.

10.2 A completed and signed Order Confirmation means that You are happy to proceed with a Project. If for any reason You decide that You do not want to continue a Project, an invoice for the amount of work completed up to the time of cancellation will be issued to You.

11 Payment Terms and Conditions

11.1 You shall, at the time of submission of an Order to Us, pay to Us a non-refundable amount of 50% of the total value shown on the Order Confirmation (the Deposit), unless the Products and Services to be Ordered do not require a Deposit.

11.2 You shall not be required to pay a Deposit in respect of website optimisation, web hosting or domain registration Services.

11.3 We shall invoice You for the Products and Services (less any Deposit) immediately on completion of the Project.

11.4 Unless otherwise agreed in writing by Us, invoices shall be payable by You within 30 days of completion of the Project (the Payment Due Date) to which the invoice relates.

11.5 Time for payment shall be of the essence.

11.6 You shall make all payments due to Us by cheque (supported by an appropriate cheque guarantee card) or by PayPal or in cash or by telegraphic or electronic transfer direct to Our bank account or by arranged Direct Debit (and in each case in pounds sterling).

11.7 No payment shall be deemed to have been received until We have received cleared funds.

11.8 All payments payable to Us under the Contract shall become due immediately on its termination despite any other provision.

11.9 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless You have a valid court order requiring an amount equal to such deduction to be paid by Us to You.

11.10 If You fail to pay any amount due to Us under these Terms and Conditions on the relevant Payment Due Date, default interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added to such amount for the period from the day after the Payment Due Date until the date of receipt (whether before or after judgment) together with any reasonable and proper amounts incurred by Us in seeking to recover such late payment from You (including, without limitation, legal fees).

12 Web Design and Development

12.1 All Content is to be supplied by You unless otherwise specified in the Order Confirmation. Any content supplied by You will remain in Your legal ownership.

12.2 You unconditionally guarantee that any element of text, graphics or other artwork furnished to Us for inclusion in the Project (the Content) are owned by You, or that You have permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Us and our sub-contractors from any claim or suit arising from the use of such Content furnished by You.

12.3 We shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute any item created for Your Project unless We specifically agree to do otherwise. Further, We shall be free to use any ideas, concepts, know-how or techniques acquired in the construction of Your Project for any purpose whatsoever including but not limited to developing, manufacturing and marketing Products and Services and any other items incorporating such information unless We specifically agree otherwise.

12.4 If You do not supply all necessary Content within 30 days of Us requesting it, the Project will automatically be put on hold. If a Project is put on hold by You for any longer than 30 days, the final payment will be due within a further 30 days. However, in some circumstances We may decide to increase the amount of time that the Project can be put on hold. This will subsequently be confirmed in writing.

12.5 Where images are used on a Project that have been purchased by Us on behalf of You, those images are strictly for use on that Project only. We are not liable for the misuse of these by You or any other persons copying, altering or distributing the images to other individuals or organisations.

12.6 We reserve the right to use open source software where We deem it to be appropriate and/or necessary.

13 Commission Agreement

13.1 We at Our sole discretion will decide whether a Project is eligible for our Commission Agreement Contract. Only if it is commercially viable for Us to work on a Project under a Commission Agreement Contract will We consider it for eligibility as a Commission Agreement Project.

13.2 Any additional work will be charged at Our standard rate of £50 per hour following completion and delivery of the Project.

13.3 The credit/signature “Web Design by Ignition Code” must remain at the bottom of all website pages at all times.

13.4 Should You cease trading, we will assume legal ownership of all files and databases to do with as We wish. Any debts and charges occurred during Your ownership of the website will remain Your responsibility and will not be passed to Us with ownership of the Project.

13.5 We are responsible for the installation and configuration of the software and any other files and databases that constitute the Project.

13.6 Upon the website being made live We will provide You with a user guide together with one day’s on-site training, if required. The training will cover the basics and be free of charge.

13.7 We will be responsible for the annual renewal of Your domain name. The cost of the renewal will be payable by You.

13.8 You will be responsible for the installation and maintenance of any required software updates.

13.9 Following the completion of the training given to You, You will be responsible for the day-to-day management, maintenance and promotion of the website.

13.10 You will be responsible for the backing-up of any files and databases as required.

13.11 You agree to provide Us with full and unrestricted access to the administration area of Your website at all times and without liability to You.

13.12 Any Commission due as a result of a Trigger Event occurring will be payable to Us within 30 days of the invoice date.

13.13 In the event that You issue Your customer with a full or partial refund, the value of the Trigger Event will remain unchanged and You will still be obliged to pay Us a commission payment of at least 10% of the total sales value. We have no control over the quality or suitability of Your products and services, the timeliness and reliability of Your deliveries or the level of customer service that You provide to Your customers. As such, We will not waive Our right to a commission payment if You issue Your customer with a full or partial refund.

13.14 If payment of the whole amount is not received within 90 days, We reserve the right to suspend or terminate the website without notice or liability to You.

13.15 As part of the Commission Agreement, You are allocated 1GB of web hosting space and 5GB of bandwidth per month free of charge. If You require more web hosting space and/or a higher bandwidth limit, You will need to purchase the appropriate web hosting package to suit Your needs.

13.16 Domain registration, renewal and transfer fees shall apply even if the Project is deemed eligible, and is accepted as, a Commission Agreement Project. The Terms and Conditions relating to domain Orders can be found under the “Web Hosting and Domains” Terms and Conditions.

14 Search Engine Optimisation (SEO)

14.1 Whilst We will try to improve the position of Your website in search engine results in response to a search request, We do not warrant that this effort is in any way guaranteed.

14.2 We cannot be held responsible for any changes to the position of Your websitee in the search engine results in response to a search.

15 Web Hosting and Domains

15.1 We will setup Your web hosting account once We have received payment and We and/or Our payment partner(s) have screened the Order(s) for possible fraud.

15.2 It is Your responsibility to provide Us with an email address which is not at the domain(s) You are signing up under. If there is ever an abuse issue or We need to contact You, the primary email address on file will be used for this purpose. It is Your responsibility to ensure that the email address on file is correct and up-to-date at all times.

15.3 If You have a domain name registered with Us, it is Your responsibility to ensure that the contact information for Your domain account and Your actual domain name(s) is correct and up-to-date. We are not responsible for a lapsed registration due to outdated contact information being associated with the domain. If You need to verify or change this information, You should contact us immediately. Providing false contact information of any kind may result in the termination of Your account.

15.4 Use of Our Services to infringe upon any copyright or trademark is strictly prohibited. This includes, but is not limited to, unauthorised copying of music, books, photographs or any other copyrighted work. The offer of sale or unlicensed distribution of any counterfeit merchandise will result in the immediate termination of Your account without notice. If You believe that Your copyright or trademark is being infringed upon, please contact us with the information required. A list of required information can be found on Our Intellectual Property page. If the request is of a licensing issue, We may require further documentation.

15.5 Using a web hosting account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not make backups of Your backups.

15.6 Examples of material that is not permitted on any of Our web hosting packages include:

  • Topsites;
  • IRC scripts/bots;
  • Proxy scripts/anonymisers;
  • Pirated software/warez;
  • Image hosting scripts (Photobucket, TinyPic);
  • AutoSurf/PTC/PTS/PPC sites;
  • IP scanners;
  • Bruteforce programs/scripts/applications;
  • Mail bombers/spam scripts;
  • Banner advertising services;
  • File dump/mirror scripts (RapidShare);
  • Commercial audio streaming;
  • Escrow/Bank debentures;
  • High-Yield Interest Programs (HYIP) or related sites;
  • Investment sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme);
  • Sale of any controlled substance without prior proof of appropriate permit(s);
  • Prime banks programs;
  • Lottery/Gambling sites;
  • MUDs/RPGs/PBBGs;
  • Hacker-orientated sites/archives/programs;
  • Sites promoting illegal activities of any kind;
  • Forums and/or websites that distribute or link to warez/pirated/illegal content;
  • Fraudulent sites;
  • Push-button mail scripts;
  • Broadcast or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc); and
  • Tell a friend scripts

15.7 Our systems may be monitored for all lawful purposes, including the enforcement of authorised use, management of the system, protection against unauthorised access and verification of security procedures, survivability and operational security. During monitoring, information and server data may be examined, recorded, copied and used for authorised purposes. Use of Our systems constitutes consent to monitoring for these purposes.

15.8 We reserve the right to refuse Our Services to anyone. If You upload, store or share material using Our Services that, in Our judgment, is obscene, threatening, illegal or violates these Terms and Conditions in any way, You may have Your account suspended or terminated, with or without notice.

15.9 Failure to respond to an email from Our abuse department within 48 hours may result in the suspension or termination of Your account. All abuse issues must be dealt with via support ticket / email, and any messages from You to Us will be responded to within 48 hours.

15.10 As Our servers are located in the United States, websites hosted on Our servers are regulated by US law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, We do not remove allegedly defamatory material from domains hosted on Our servers. The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. We are not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why We rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous or slanderous in nature, We will remove access to the material. Similarly, in any case in which a US court has placed an injunction against specified content or material, We will comply and remove or disable access to the material in question.

15.11 Our Services merely provide a platform and space on which to host content, and any creation or publication of content using Our Services is the sole responsibility of the user who creates or publishes the content. We, therefore, should not be held liable for any allegedly defamatory or offensive content published on websites hosted on Our servers.

15.12 It is Your responsibility to ensure that all scripts/programs installed on Your account are secure, and permissions of files and directories are set correctly, regardless of installation requirements.

15.13 You are ultimately responsible for all actions taken on Your account. This includes the compromise of credentials such as usernames and passwords. It is required that You use a secure password to safeguard access to Your account. If a weak password is used, Your account may be suspended until You agree to use a more secure password.

15.14 We take a zero tolerance stance against sending unsolicited email, bulk emailing and spam. “Safe lists”, purchased lists and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

15.15 Websites advertised via spam may not be hosted on Our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or usenet/newsgroups. No organisation or entity listed in the ROKSO may be hosted on Our servers. Any account which results in Our IP space being blacklisted will be immediately suspended and/or terminated.

15.16 We reserve the right to require changes or disable as necessary any website, account, database or other component that does not comply with Our established policies or these Terms and Conditions, or to make any such modifications in an emergency at Our discretion.

15.17 We reserve the right to charge the holder of the account used to send any unsolicited email a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of Us.

15.18 You agree to make appropriate payment for the Services received from Us in advance of the Payment Due Date. You agree that until and unless You notify Us of Your desire to cancel any or all Services received, the Services will be billed on a recurring basis.

15.19 Cancellations must be confirmed from within Your Client Area. Once We receive Your cancellation request, You should immediately receive an automatic email confirming receipt of Your cancellation request. We will confirm Your request (and process Your cancellation) shortly thereafter. We require that Service cancellations are carried out through the Client Area to (a) confirm Your identity, (b) confirm in writing You are prepared for all files/emails to be removed and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests and ensures that You are aware that Your files, emails, databases and web hosting account may be removed immediately once a cancellation request has been processed.

15.20 It is Your responsibility to ensure that Your payment information is up-to-date and that all invoices are paid by the Payment Due Date. Any invoice that is outstanding for 10 days after the Payment Due Date will automatically incur a late fee of 10% of the outstanding balance and/or the account in question will be suspended until the balance has been paid in full. The late fee is applied in addition to whatever else is owed to Us for Services rendered. Access to the account will not be restored until payment has been received.

15.21 You agree that until and unless You notify Us of Your desire to cancel any or all Services received (by the proper means listed in the appropriate section of these Terms and Conditions), those Services will be billed on a recurring basis unless otherwise stated in writing by Us.

15.22 It is Your responsibility to notify Our sales team via email after paying for a domain renewal and to ensure that the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and We cannot be held responsible for Your failure to renew a domain.

15.23 It is Your responsibility to notify Our sales team via email of any domain registration cancellation. No refunds can be given once a domain has been renewed. All domain registrations and renewals are final.

15.24 Invoices that have been paid more than once with multiple PayPal subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If You require assistance with this provision, please contact us.

15.25 We are not responsible for the preservation of files and/or data residing on Your account. By using Our Services, You agree to assume full responsibility for Your files and data and to maintain all appropriate backups of files and data stored on Our servers.

15.26 We reserve the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

15.27 Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in GBP and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and We are not responsible for any change in exchange rates between time of payment and time of refund.

15.28 Customers may cancel their Services at any time via their Client Area. We give You an unconditional 30-day money-back guarantee on web hosting if You paid the first invoice with a credit card or with PayPal.

15.28 Cancellations requested after the initial 30-day period will go into effect on the renewal date for that particular web hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 30-day period will be given on a pro-rated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or cheque due to Our merchant account policies and procedures.

15.29 The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

  • Bank wire transfers;
  • Western Union;
  • Cheques; and
  • Money orders

15.30 There are no refunds on administrative fees and installation fees for software.

15.31 Refund requests for .com, .net and .org domain names (made within the 30-day money-back guarantee period) will have the common market value subtracted for those TLDs. Any ccTLD domain name purchases are non-refundable. Please note that domain refunds will only be considered if they were ordered in conjunction with a web hosting package. Eligibility of said refunds will be determined at the time of cancellation.

15.32 Only first-time accounts are eligible for a refund. For example, if You have had an account with Us before, canceled and signed up again, You will not be eligible for a refund or if You have opened a second account with Us.

15.33Violation of these Terms and Conditions will waive the refund policy.

15.34 The following resource limits apply to all users on all web hosting packages:

  • You may not use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc;
  • You may not run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD;
  • You may not run any type of web spider or indexer (including Google Cash / AdSpy);
  • You may not run any software that interfaces with an IRC (Internet Relay Chat) network;
  • You may not run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on Our servers;
  • You may not participate in any file-sharing / peer-to-peer activities;
  • You may not run any gaming servers such as Counter-Strike, Half-Life or Battlefield 1942;
  • You may not run cron entries with intervals of less than 15 minutes; or
  • You may not run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

15.35 The use of more than 250,000 inodes on any web hosting account may potentially result in an initial warning. If no action is taken, suspension may follow. Every file (web page, image file, email, etc) on Your account uses up one inode.

15.36 Websites that slightly exceed Our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files or cause file system damage may be flagged for review and/or suspension.

15.37 Your bandwidth allowance varies depending on the web hosting package You purchase. Should Your account pass the allocated amount We reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased, suspend the account until You upgrade to a higher level of web hosting package, terminate the account and/or charge You an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

15.38 We will not activate Your new web hosting Orders if You who have an outstanding balance with Us. For a new Order to be setup or a new package to be activated, You must have an outstanding balance of £0.00, unless otherwise stated by Us in writing.

16 Website Transfer Service

16.1 Once payment has been received, Our transfers team will make every effort to move Your website to Us. However, We cannot make any guarantees regarding the availability, possibility or time required to complete a website transfer. Every web hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which can make it extremely difficult if not impossible to migrate some or all account data. We will try Our best, but in some cases We may be unable to assist You in the transfer of data from an old hosting account to Our web hosting environment. If this is the case, We will issue You with a full refund.

17 Delivery and Non-Delivery

17.1 We undertake to use Our reasonable endeavours to provide completed Products and Services to You within 30 days of the date on which We receive a signed Order from You.

17.2 The date for delivery of the Products and Services are intended to be an estimate and time for delivery and shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.

17.3 Subject to the other provisions of these Terms and Conditions We shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products and Services (even if caused by Our negligence), nor shall any delay entitle You to terminate or rescind the Contract unless such delay exceeds 180 days.

17.4 If for any reason You fail to accept delivery of any of the Products or Services when they are ready for delivery, or We are unable to deliver the Products or Services on time because You have not provided appropriate instructions, documents, licences or authorisations, the Products or Services shall be deemed to have been delivered.

17.5 Our liability for non-delivery of the Products and Services shall be limited to replacing the Products and Services within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Products and Services.

17.6 If a Project cannot be completed to the specification outlined in the Order Confirmation due to an error or failure on Our behalf, a refund will be issued to You. The amount refunded will depend on the extent of the Project work that has been completed.

18 Notices

18.1 All notices given by You to Us shall be to Our address set out in these Terms and Conditions. We may give notice to You at either the email or postal address You provided to Us when placing your Order. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an email is sent, or three days after the date of posting any letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

19 Force Majeure

19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Contract that are caused by events outside of Our reasonable control (“Force Majeure Event”).

19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action;
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • Impossibility of the use of public or private telecommunications networks; and
  • The acts, decrees, legislation, regulations or restrictions of any government.

19.3 Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.

20 General Terms and Conditions

20.1 If any part of these Terms and Conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Terms and Conditions shall continue to be valid to the fullest extent permitted by law.

20.2 If We fail, at any time of the Contract, to insist upon strict performance of any of Your obligations under the Contract, or if We fail to exercise any of the rights or remedies to which We are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

20.3 A waiver by Us of any default shall not constitute a waiver of any subsequent default.

20.4 No waiver by Us of any of the Terms and Conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

20.5 These Terms and Conditions, along with the formation, existence, construction, performance, validity and all aspects of the Contract shall be goverened by English law and You hereby submit to the exclusive jurisdiction of the English courts.