1. Introduction
The Website Owner including subsidiaries and affiliates offer website hosting and database hosting services subject to the terms and conditions set out in these terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to supply of hosting services.
2. Glossary of Terms
We includes the Website Owner - www.onlyecommerce.co.uk - ("Website" or "Website Owner" or "we" or "us" or "our") or any party acting on the Website Owner's implicit instructions.
You ("you", "your", "Customer") includes the person purchasing the services or any party acting on the customer's instructions.
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
3. Web Site Hosting And Email
3.1 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.
3.2 You shall effect and maintain adequate insurance cover
in respect of any loss or damage to data stored on the Server.
3.3 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.
3.3.1 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.
3.3.2 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, 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.
3.3.3 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.
3.3.4 You will not employ programs which consume excessive
system resources, including but not limited to processor cycles and memory.
3.4 We reserve the right to remove any material which we
deem inappropriate from your web site without notice. We do not host Warez
or illegal MP3 content.
3.5 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.
3.6 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.
3.7 You shall procure that all mail is sent in accordance
with applicable legislation (including data protection legislation) and in
a secure manner.
3.8 In the case of an individual User, you warrant that you
are at least 16 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 16 years.
3.9 Any access to other networks connected to www.onlyecommerce.co.uk must comply with the rules appropriate for those other networks.
3.10 While we will use every reasonable endeavour 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.
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 7 days you will be notified of the reason.
4.3 The Services provided to you hereunder and your account
with us cannot be transferred or used by anyone other than you. 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; user programs may be run only during log-in sessions.
If your account is found to have been transferred to another party, or shows
other activity in breach of this sub clause, we shall have the right to cancel
the account and terminate the Services and/or this Agreement immediately.
5. Payment
5.1 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 our service provision. 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.
If you choose to pay by credit or debit card you authorise www.onlyecommerce.co.uk to debit your account renewal fees from your card.
5.3 All payments must 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 £25.00.
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 If an account goes unpaid for at least seven days, a
£10.00 late payment fee will be applied.
5.7 If an account goes unpaid for at least ten days, the
account and its associated services are suspended. A £20.00 charge will be
applied upon account reactivation to cover administration costs.
5.8 Once an account has a suspended status, Access to files,
databases and other content is explicitly denied. All files, databases and
other content including the account itself is permanently deleted after ten
days of account suspension.
5.9 Should access to files, databases and other content be
required before they are deleted, account reactivation will be required.
For information on how to order, the payment methods and currencies we accept, and our refund policy, please see Ordering Information.
6. Termination
6.1 If you fail to pay any sums due to us
as they fall due, we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.
6.2 If you break any of these terms and conditions we may
suspend the Services and/or terminate this Agreement forthwith without notice
to you.
6.3 If you 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, we shall be entitled
to suspend the Services and/or terminate this Agreement forthwith without
notice to you.
6.4 No refunds will be made for Services suspended in accordance
with 6.1, 6.2 and 6.3.
6.5 We reserve the right to suspend the Services and/or terminate
this Agreement at any time.
6.6 You may cancel the Services at any time.
6.7 You may be entitled to a complete refund of all
fees paid with the exclusion of dedicated server and data transfer fees
should
You decide to cancel the Services, as detailed under our Money Back Guarantee
Policy. You will not be entitled to a refund on this basis if you have
previously
had an account with www.onlyecommerce.co.uk.
It may be necessary to withhold refund under the Money Back Guarantee
Policy
if the account has utilised excessive resources, this is at the sole
discretion of www.onlyecommerce.co.uk.
6.8 Where payment has been made by credit or debit card,
any refund will only be issued to the same credit or debit card.
6.9 On termination of this Agreement or suspension of the
Services we shall be entitled immediately to block your Web Site and to remove
all data located on it.
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. Revisions
9.1 www.onlyecommerce.co.uk reserves the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
10. Notices
10.1 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.
11. Applicable Law
11.1 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.
12. Headings
12.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
13. Entire Agreement
13.1 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.
14. Comments or Questions.
14.1 If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
