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These terms and conditions relate only to our
Shared UNIX, Windows, Email Only and Windows Plus hosting products.
They do not related to any other product or service.
Where the context admits: "We" includes
MaxVista Design Ltd of: 17 Arthur Street Grimsby, North East Linconlshire,
United Kingdom or any party acting onMaxVista Design's implicit
instructions. "You" includes the person purchasing the
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" 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:
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.
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.
You shall have no right to bring
any claim against us in respect of refusal to register a domain
name.
Any administration charge paid
by you to us shall be nonrefundable notwithstanding refusal by the
Registry to register your desired name.
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.
We shall not release any domain
to another provider unless full payment for that domain has been
received by us.
By registering a .uk domain name,
you enter into a contract of registration with Nominet UK on the
following terms and conditions (click here). This is a separate
contract to any arrangement you may have with MaxVista Design Ltd
for the provision of internet services. Please read before proceeding
with your order.
Domains transferred or purchased
through MaxVista Design Ltd that are part of an order or hosting
plan do not have an outgoing transfer fee, providing any outstanding
fees are paid as mentioned in 1.6
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.
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.
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.
you will not upload, post, link
to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane, racist
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.
(d) any material which is forbidden by our acceptable use policy
published in our acceptable use policy (see link in menu above).
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.
you will not employ programs
which consume excessive system resources, including but not limited
to processor cycles and memory.
any file you store on the Server
will be reachable via a hyperlink from a page on your site.
We reserve the right to remove
any material which we deem inappropriate from your Web Site without
notice to you.
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.
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.
You shall procure that all mail
is sent in accordance with applicable legislation (including data
protection legislation) and in a secure manner.
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.
Any access to other networks connected
to MaxVista Design Ltd must comply with the rules appropriate for
those other networks.
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.
No more than one log-in session
under any one account may be used at any time by you. If you have
multiple accounts, you are limited to one login session per system
account at any time.
Bandwidth / Data transfer consumption
and charges
If you exceed the bandwidth limit
on your hosting plan, then you will be billed automatically at a
price of
£15.00 Per additional gigabyte you consume
per month.
You may upgrade your account to the next available
hosting plan that will have additional data transfer allowance,
except for the 'Enterprise' range of hosting plans.
Incoming emails are restricted
to 5MB in size per email to prevent abuse of the mail system. There
is no restriction on the size of the mailbox, but we reserve the
right to close down mailboxes that consume
excessive system resources.
Email only accounts are all restricted
to a data transfer allowance. The figures are:
Email Only 5: 100MB Per Month
Email Only 25: 250MB Per Month
Email Unlimited: 500MB Per Month
Additional data transfer will be charged at the
same rate as other hosting plans: £15 per gigabyte per month.
We reserve the right to remove
scripts that consume excessive system resources.
We reserve the right to alter
the price of disk space, hosting plans, Data transfer and any of
our products at any time without notice
If you are or become a reseller
of our Services you will continue to be bound by these terms and
conditions, you will be responsible for ensuring that your customers
are bound by terms and conditions that adequately reflect and give
effect to these.
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.
No default by your customers shall
in any way affect, modify or limit your obligations under this Agreement.
We 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.
We shall use our reasonable endeavors
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.
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 7 days
you will be notified of the reason.
All charges payable by you for
the Services shall be in accordance with the scale of charges and
rates published from time to time by us on our web site and shall
be due and payable in advance of provision of the Services.
We reserve the right to change
pricing at any time although all pricing is guaranteed for the period
of pre payment.
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 MaxVista Design Ltd
Computing Services to debit your account renewal fees from your
card.
All payments must be in UK Pounds
Sterling.
If your cheque is returned by the
bank as unpaid for any reason, you will be liable for a "returned
cheque" charge of £25.
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.
We shall be entitled to suspend
the Services and/or terminate this Agreement forthwith without notice
to you If you:
fail to pay any sums due to us
as they fall due.
break any of these terms and
conditions.
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.
No refunds will be made under any
circumstances for Services suspended in accordance with 6.1.
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.
You may cancel the Services at
any time. To do so you must request cancellation of the Services
in writing including your account username and password. We will
cancel the Services within 2 working days of receipt of your request.
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.
Domain name registration fees,
charges for additional data transfer and charges for optional extras
added to your account are not refundable on this basis.
You will not be entitled to a
refund on this basis if you have previously held an account with
MaxVista Design Ltd.
Where payment has been made by
credit or debit card, any refund will only be issued to the same
credit or debit card.
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.
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.
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.
Nothing in these terms and conditions
shall exclude our liability for death or personal injury resulting
from our negligence.
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.
In any event no claim shall be
brought unless you have notified us of the claim within one year
of it arising.
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.
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.
This Agreement shall be governed
by and construed in accordance with English law and you hereby submit
to the non-exclusive jurisdiction of the English courts.
Headings are included in this
Agreement for convenience only and shall not affect the construction
or interpretation of this Agreement.
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. We reserve the right to alter
these Terms & Conditions and our Acceptable User Policy without
consent or agreement from our customers.
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