1.1 The Company must receive payment in full before the Customers order can be accepted. Once payment has been received, the Company we will confirm that the Customers order has been accepted by sending an email to the Customers email address provided in the order form. The Companies acceptance of the order brings into existence a legally binding contract between us.
1.2 The Customer acknowledges that there are no representations outside the Contract that have induced it to enter into the Contract, and the Contract constitutes the entire understanding between the parties for the provision of the Services. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
1.3 Unless otherwise provided in these Conditions no modification of the Contract shall be effective unless agreed in writing by a duly authorised representative of the Company.
1.4 The Company may from time to time amend these Conditions and any such amendment will be displayed at least one month prior to the implementation of the amendment. If the Customer is a consumer it may end the Contract by written notice at any time up to the date on which the amendment comes into force. Should the Customer place an order or continue to use the Services following implementation of an amendment it will be deemed to have accepted the amendment.
1.5 The Customer acknowledges that if it is transferring a .uk domain name on to our servers to use with one of our website packages that it is entering in to a 3-way contract between the Company, the Customer and Nominet UK. The Customer acknowledges that they have read and understood the contract with Nominet UK, which can be found on the Website.
The price payable for services is as set out in the order form and or checkout (the Price).
2.1 The Customer acknowledges that the provision of the Services is conditional on the Company receiving payment of the Price in full and in the event of non-payment of the Price or suspected fraudulent activity in relation to payment of the Price by the Customer, the Company reserves the right forthwith to withhold, suspend or cancel any services provided to the Customer.
2.2 The Customer acknowledges that occasionally unforeseen charges are incurred in processing orders. The Company shall use reasonable endeavours to obtain the Customers written consent before incurring such charges.
2.3 Should legal proceedings be required to recover any sums due to the Company, the Company reserves the right to claim interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
2.4 The Customer acknowledges the Price for all services is paid on a yearly basis unless another agreement is arranged by the Company and the Customer.
3.1 The Customer shall not:
3.2 In the event of any breach of the provisions of clause 3.1 by the Customer, the Company reserves the right forthwith to withdraw, suspend or cancel the Services.
3.3 The Customer acknowledges that it is solely responsible for maintaining adequate insurance cover in respect of any loss or damage relating to the provision of the Services.
3.4 The Customer acknowledges that the internet is not a completely secure medium of communication, and, whilst the Company has taken steps to safeguard the security of some information (i.e. payment details) the Customer inputs on the Website or sends to the Company on the internet by using secure servers and Secure Sockets Layer (SSL) technology which encrypts the information the Customer inputs on its system before it is transmitted to the Company, the Company is not and will not be responsible for any damages the Customer may suffer as a result of the loss of confidentiality of such information.
4.1 In the event that the Customer submits any Order or uses any or all of the Services in such a way as may in the Companies opinion expose the Company to the risk of legal or other proceedings or expose the Company to loss or damage of any kind, the Company reserves the right to refuse to process or continue processing any Order or to withdraw, suspend or cancel the Services or take any other action as it in its absolute discretion it sees fit.
4.3 In the event that software that has been developed by third parties (Third Party Software) is available to the Customer through the Website and such Third Party Software is licensed to the Customer pursuant to separate terms (Third Party Licenses) the Customer agrees that he has had the opportunity to review the Third Party Licenses and agrees to comply with them. In the event of a conflict between these Conditions and a term of a Third Party License, the terms of the Third Party License controls with respect to the applicable Third Party Software only.
4.4 The Company does not warrant or guarantee that any domain name registration or renewal requested by the Customer will be registered or renewed or be capable of registration and the Customer should take no action in respect of the requested domain name until the Customer has been notified that the requested domain name has been registered.
4.5 The Company may from time to time have to suspend the Services for repair, maintenance or improvement and in such circumstances the Company shall use their reasonable endeavours to notify the Customer as far in advance as possible and use their reasonable endeavours to keep the period of suspension to the minimum length of time necessary to carry out such works.
4.6 The Company operates page and post content monitoring software. This software contains a list of words and phrases that if used by the Customer will be highlighted to our network administrators. If alerted to specific content on a Customers website the administration team will carry out an audit of the Customers website. Should the content found on the Customers website be in breach of this agreement the Company reserves the right to remove / terminate or suspend the entire website / page or post.
5.1 The Customer may cancel the contract for the services provided in the order at any time up to the end of the thirtieth (30th) working day from the date the Customer ordered the goods. The Customer need not give the Company any reason for cancelling the contract nor will you have to pay any penalty.
5.2 Any cancellation of the Contract or Services must be done so by the Accounts Cancellation Request which can be found in the 'Client Area','My Products & Services', 'Product Details'
5.3 Once the Customer has notified the Company of the cancellation of the contract, any sum debited save for monies paid for domain names, software licenses, SSL security certificates and other such services provided by 3rd parties, by the Company from the Customers credit card will be re-credited to their account as soon as possible and, in any event, within 60 days of the order.
5.4 Once the Customer has notified the Company of the cancellation of contract it is the responsibility of the Customer to make any backups of their website and their content. The Company will not supply the customer any backups or copies of their website or data.
5.5 Once the Customer has notified the Company of the cancellation of contract, the Company will agree to provide the services until the end of billing period date of the contract upon which time the Company will delete all of the corresponding website & data.
6.1 The Company reserves the right to cancel the contract if:
6.1.1 The Customer does not pay the Price in accordance with Clause 2; or
6.1.2 One or more of the items ordered was listed at an incorrect price due to a typographical error or an error in the pricing information.
6.1.3 The Company finds a Customer to be breaching Clause 4.6
6.2 If the Company cancels the Contract, the Company will use reasonable endeavours to notify the Customer by e-mail and will re-credit to the Customers account of any sum deducted from the Customers credit card as soon as possible but in any event within 60 days of your order. The Company will pay no additional compensation for disappointment suffered.
6.3 The Company will inform the customer by email that their website and data will be deleted in 7 days. It is the responsibility of the Customer to backup or copy their website and data.
6.4 If the customer violates any of the terms and conditions in this agreement within the 30 Day Money Back Guarantee priod, the customer relinquishes the right to redeem the 30 Day Money Back Guarantee. The company reserves the right to refund the monies if the company feel abuse of our service has occured.
8.1 Without prejudice to any of its other rights, either party shall have the right to terminate the Contract by giving thirty days notice in accordance with Clause 10.
8.2 The Company may also suspend, restrict or terminate the services to the Customer, if:
8.2.1 The Customer commits any material or repeated breach of the Contract and/or, fails to remedy any breach which is capable of being remedied within fourteen days of receipt of a notice requiring it to remedy such breach. For the purpose of this clause a breach of Clauses 2, 3 or 4 may be deemed a non-remediable breach and the Company may immediately suspend, restrict or cancel the Services without notice to the Customer breaching these Clauses. In the case of a suspected breach by the Customer the Company will take whatever steps it believes necessary to investigate and resolve matters;
8.2.2 The other is unable to pay its debts or enters into compulsory or voluntary liquidation (other than for the purpose of affecting a reconstruction or amalgamation in such manner that the company resulting from such reconstruction or amalgamation if a different legal entity shall agree to be bound by and assume the obligations of a relevant party under the Contract) or compounds with or convenes a meeting of its creditors or has a Receiver or Manager or an Administrator appointed over its assets or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the party terminating means that the other may be unable to pay its debts.
8.3 The Company may suspend and/or terminate the services to the Customer if the Company reasonably believes the Customers use of the services is detrimental to other Customers of the services. Such examples, including but not limited to:
-Utilising more than 5% CPU over a 5 minute period.
-Utilising more than 5% memory over a 5 minute period.
-The use of insecure scripting, including the Customers own scripting and/or that of 3rd parties which may be used.
-A breach of Clause 3.1.4 or 3.1.5
9.1 If this service is purchased by the customer, the company will design a website for the customer adhering to the customers requirements using Sitepad or WordPress.
9.1.1 A seperate aggreement can be made between the customer and the company to design a website outside of using Sitepad or WordPress at the companies disgretion
9.1.3 The Customer has two options to purchase a website: acknowledges that the provision of the Services is conditional on the Company receiving payment of the Price in full and in the event of non-payment of the Price or suspected fraudulent activity in relation to payment of the Price by the Customer, the Company reserves the right forthwith to withhold, suspend or cancel any services provided to the Customer.
184.108.40.206 Rent the website on a yearly basis. This will include mantenance by the company and minor changes. For more information on minor changes, please see 9.2.
220.127.116.11 Purcahse the website outright. Once the customer has agreed and signed the website off, the company will relinquish all respolsibility over the mantenance / design of the customers website.
9.2 Minor changes include:
9.2.1 Text changes within a page
9.2.2 Addition or deletion of images
9.2.3 Addition or deletion of plugins
9.2.4 Addition or deletion of links
9.2.5 Change of settings to a plugin
9.2.6 Any changes by the Company to a Customers website that are not listed in the table above will be subject to incur additional charges. The Company will inform and seek agreement of these additional charges from the Customer before any changes are undertaken.
10 If this service is purchased by a customer, it is the responsibility of the customer to ensure their username and password are kept secure. If the customer feels that their username and password have become comprimised, the customer must contact Unify Hosting technical support and request a change of password
10.1 It is the responsability of the customer to ensure they have a backup of their own data. The Vault Backup service offered by Unify Hosting is ONLY a supplementary storage facility. A customer can check their backups by logging into the Vault Backup service by using their FTP details.
10.2 Backups are not incremental and once a customer has used their allocated storage space, backups will not run until such time the customer deletes older backups. The customer can view and delete older backups by logging into the Vault Backup service using their FTP details.
The Company provide technical support via our approved support centre and emailing email@example.com. This system ensures that Customer support can be reported appropriately and categorised accordingly to the severity of the problem and the correct resolution is reached. The Company will not take technical support requests of any nature via social media or telephone. The Company will from time to time contact a Customer via email or telephone to discuss a technical support request only after an official requested by the Customer has been submitted via our support centre.
The Customer shall indemnify the Company and keep the Company fully indemnified from and against all liability, claims, costs, losses, loss of profits, expenses, business interruption, and other pecuniary or consequential loss (including reasonable legal costs and expenses) suffered or incurred by the Company as a result of:
Access to and/or use of the Services by the Customer;
Any information, data or material produced, transmitted or downloaded by the Customer;
Any breach by the Customer of any of the provisions of these Conditions or of any law, code or regulation relating thereto or to the internet.
Unless otherwise expressly stated in these terms and conditions, all notices from the Customer must be in writing and sent to the Companies Registered Office as notified on the website and all notices from the Company to the Customer will be displayed on the Companies website from to time.
Neither party shall be in breach of the Contract if there is any total or partial failure of performance by it of its duties and obligations under the Contract occasioned by any act of God, fire, act of Government or State, war, civil commotion, insurrection, embargo, labour disputes of whatever nature and any other reason beyond the control of either party. If either party is unable to perform its duties and obligations under the Contract as a direct result of the effect of one of those reasons, that party shall give written notice to the other of the inability which sets out full details of the reason in question. The operation of the Contract shall be suspended during the period in which the reason continues. Forthwith upon the reason ceasing to exist, the party relying upon it shall give written advice to the other of this fact. If the reason continues for a period which substantially affects the commercial intention of the Contract, the party not claiming relief shall have the right to terminate the Contract upon giving 7 days written notice of such termination to the other party.
Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of the Contract howsoever occasioned.
Except for our affiliated companies, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
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