You indicate
acceptance of these terms and conditions of service by placing an
order with TJH Computers.
These terms
and conditions will not be varied for individual customers.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall
have the following meanings:
1.1.1 "downtime" means any service interruption in the availability
to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks,
design rights, applications for any of the foregoing, copyright,
topography rights, database rights, rights in know-how, trade or
business names and other similar rights or obligations, whether
registrable or not in any country;
1.1.3 "TJH Computers" means TJH Computers, any subsiduaries and
trading partners
1.1.4 "IP address" stands for internet protocol address which is
the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by TJH
Computers in connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration,
email and any other services or facilities provided by TJH Computers.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer programme that copies itself or is
copied to other storage media, including without limitation magnetic
tape cassettes, memory chips, electronic cartridges, optical discs
and magnetic discs, and destroys, alters or corrupts data, causes
damage to the user's files or creates a nuisance or annoyance to
the user and includes without limitation computer programs commonly
referred to as "worms" or "trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at the following
locations:
Hosting informatiom - http://www.tjhcomputers.co.uk/webhosting/more_info_hosting.htm.
Domain informatiom - http://www.tjhcomputers.co.uk/webhosting/more_info_domains.htm.
Add On informatiom - http://www.tjhcomputers.co.uk/webhosting/more_info_addons.htm.
1.3 Words denoting the singular shall include the plural and vice
versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted
for convenience of reference only and are not intended to be part
of or to affect the meaning or interpretation of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide TJH Computers with data that
will be hosted on TJH Computers's servers and made accessible via
the Internet.
2.2 TJH Computers provides web hosting services and has agreed to
host the Customer's data upon the following terms and conditions.
3 DUTIES
3.1 TJH Computers shall provide to the Customer the Services specified
in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to TJH Computers the website and
the software used in the website which is owned by the Customer,
or licensed to him by a third party or TJH Computers ("the Customer
Software), in a format specified by TJH Computers.
4 CHARGES ,PAYMENT
AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and
Visa), debit cards (including Switch/Maestro) and direct debits
4.2 TJH Computers do not accept cheques, bank transfers, postal
orders, cash or any other form of payment other than those outlined
in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be
paid by the Customer.
4.4 TJH Computers shall be entitled to charge interest in respect
of late payment of any sum due under this Agreement, which shall
accrue from the date when payment becomes due from day to day until
the date of payment at a rate of 8% per annum above the base rate
of the Bank of England from time to time in force.
4.5 TJH Computers do not provide credit facilities.
4.6 From time to time TJH Computers may make enquiries on the Customers
company, proprietor or directors of the Customers company with credit
reference agencies. These agencies may record that a search has
been made and share this information with other businesses.
4.7 TJH Computers provide "Money-Back Guarantees" on certain products.
Should your product qualify for this guarantee please raise a support
ticket at http://tjhcomputers.co.uk/webhosting/contact-support (Log
into your control panel to access this page) within 30 days of placing
your order for a full refund. This guarantee excludes domain names
which may not be cancelled once ordered. Customers are limited to
using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that
are cancelled before then end of the year.
4.9 Should your chosen payment method fail TJH Computers will attempt
to settle your invoice using any other payment facilities available
on your account.
4.10 All services will renew until cancelled by the customer. TJH
Computers emails the customers primary email address prior to renewal
of services, it is the customers responsibility to cancel services
prior to renewal as no refund can be made once renewal has occurred.
Customers must notify us at least 72 hours before a service is renewed
if they wish to cancel that service. The cancellation process must
be fully completed by you before your account is cancelled.
5 IP ADDRESSES
5.1 TJH Computers shall maintain control and ownership of the IP
address that is assigned to the Customer as part of the Services
and reserves the right in its sole discretion to change or remove
any and all IP addresses.
5.2 Where TJH Computers changes or removes any IP address it shall
use its reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE
AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed
to TJH Computers ("TJH Computers's software") in order to use the
Services, TJH Computers grants to the Customer and its employees,
agents and third party consultants and contractors, a royalty-free,
world-wide, non-transferable, non-exclusive licence to use TJH Computers
Software in object code form only, in accordance with the terms
of this Agreement. For the avoidance of doubt, this Agreement does
not transfer or grant to the Customer any right, title, interest
or intellectual property rights in TJH Computers Software.
6.2 In relation to TJH Computers's obligations under this Agreement
in connection with the provision of the Services, the Customer grants
to TJH Computers a royalty-free, world-wide, non-exclusive licence
to use the Customer Software and all text, graphics, logos, photographs,
images, moving images, sound, illustrations and other material and
related documentation featured, displayed or used in or in relation
to the website ("the Content"). For the avoidance of doubt, this
Agreement does not transfer or grant to TJH Computers any right,
title, interest or intellectual property rights in the Customer
Software or the Content.
6.3 The Customer undertakes that he will not himself or through
any third party, sell, lease, license or sublicense TJH Computers
Software.
6.4 TJH Computers may make such copies of the Customer Content as
may be necessary to perform its obligations under this Agreement,
including back up copies of the Content. Upon termination or expiration
of this Agreement, TJH Computers shall destroy all such copies of
the Content and other materials provided by the Customer as and
when requested by the Customer.
7 SERVICE LEVELS
AND DATA BACKUP
7.1 TJH Computers shall use its reasonable endeavours to make the
server and the Services available to the Customer 100% of the time
but because the Services are provided by means of computer and telecommunications
systems, TJH Computers makes no warranties or representations that
the Service will be uninterrupted or error-free and TJH Computers
shall not, in any event, be liable for interruptions of Service
or downtime of the server.
7.2 TJH Computers carries out data backups for use by TJH Computers
in the event of systems failure. TJH Computers do not provide data
restoration facilities for individual customers. Even though every
effort is made to ensure data is backed up correctly TJH Computers
accepts no responsibility for data loss or corruption.
7.3 It is the sole responsibilty of customers to ensure that they
have backed up, and and checked the integrity of any data held on
the servers operated by TJH Computers
8 ACCEPTABLE
USE POLICY
8.1 The website and use of the Services may be used for lawful purposes
only and the Customer may not submit, publish or display any content
that breaches any law, statute or regulation. In particular the
Customer agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited
commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention
or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene,
indecent or other unlawful material or information, or any material
or information which infringes any intellectual property rights
(for the avoidance of doubt this includes licensed software distributed
as Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including
rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services
or via the Website;
8.1.6 make available or upload files to the website or to the Services
that the Customer knows contain a virus, worm, trojan or corrupt
data; or
8.1.7 obtain or attempt to obtain access, through whatever means,
to areas of TJH Computers's network or the Services which are identified
as restricted or confidential. This includes leaving your home directory
whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent
server processes.
8.2 The Customer has full responsibility for the content of the
Website. For the avoidance of doubt, TJH Computers is not obliged
to monitor, and will have no liability for, the content of any communications
transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy
outlined in Clause 8.1 TJH Computers shall be entitled to withdraw
the Services and terminate the Customer's account without notice.
9 ALTERATIONS
AND UPDATES
All alterations and updates to the website shall be made by the
Customer using the online account management facility, FTP access
or SSH access where available. The Customer will be issued with
a user name and password in order to access the account. The Customer
must take all reasonable steps to maintain the confidentiality of
this user name and password. If the Customer reasonably believes
that this information has become known to any unauthorised person,
the Customer agrees to immediately inform TJH Computers and the
password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to TJH Computers that
TJH Computers's use of the Content or the Customer Software in accordance
with this Agreement will not infringe the intellectual property
rights of any third party and that the Customer has the authority
to license the Content and the Customer Software to TJH Computers
as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that
are not expressly stated in this Agreement, whether oral or in writing
or whether imposed by statute or operation of law or otherwise,
including, without limitation, the implied warranty of satisfactory
quality and fitness for a particular purpose are hereby excluded.
In particular and without prejudice to that generality, TJH Computers
shall not be liable to the Customer as a result of any viruses introduced
or passed on to the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold TJH Computers and its
employees and agents harmless from and against all liabilities,
legal fees, damages, losses, costs and other expenses in relation
to any claims or actions brought against TJH Computers arising out
of any breach by the Customer of the terms of this Agreement or
other liabilities arising out of or relating to the Website.
12 LIMITATION
OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit
TJH Computers's liability for death or personal injury resulting
from TJH Computers's negligence or that of its employees, agents
or sub-contractors.
12.2 The entire liability of TJH Computers to the Customer in respect
of any claim whatsoever or breach of this Agreement, whether or
not arising out of negligence, shall be limited to the charges paid
for the Services under this Agreement in respect of which the breach
has arisen.
12.3 In no event shall TJH Computers be liable to the Customer for
any loss of business, loss of opportunity or loss of profits or
for any other indirect or consequential loss or damage whatsoever.
This shall apply even where such a loss was reasonably foreseeable
or TJH Computers had been made aware of the possibility of the Customer
incurring such a loss.
13 TERM AND
TERMINATION
13.1 This Agreement will become effective on the date the service
is ordered and shall continue until terminated by either party in
writing of its intention to terminate the Agreement.
13.2 TJH Computers shall have the right to terminate this Agreement
with immediate effect by notice in writing to the Customer if the
Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice
in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement
and, in the case of a breach capable of being remedied, fails to
remedy it within a reasonable time of being given written notice
from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement
which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other
than for the purpose of solvent amalgamation or reconstruction),
or a court of competent jurisdiction makes an order to that effect;
or
13.3.4 the other party ceases to carry on its business or substantially
the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting
of or makes or proposes to make any arrangement or composition with
its creditors; or a liquidator, receiver, administrative receiver,
manager, trustee or similar officer is appointed over any of its
assets.
13.4 Any rights to terminate this Agreement shall be without prejudice
to any other accrued rights and liabilities of the parties arising
in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customers account will
be deleted.
14 ASSIGNMENT
14.1 TJH Computers may assign or otherwise transfer this Agreement
at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement
or any part of it without TJH Computers's prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform
any of its obligations if the delay or failure results from events
or circumstances outside its reasonable control, including but not
limited to acts of God, strikes, lock outs, accidents, war, fire,
the act or omission of government, highway authorities or any telecommunications
carrier, operator or administration or other competent authority,
the act or omission of any Internet Service Provider, or the delay
or failure in manufacture, production, or supply by third parties
of equipment or services, and the party shall be entitled to a reasonable
extension of its obligations after notifying the other party of
the nature and extent of such events.
16 SEVERANCE
If any provision of this Agreement is held invalid, illegal or unenforceable
for any reason by any Court of competent jurisdiction such provision
shall be severed and the remainder of the provisions hereof shall
continue in full force and effect as if this Agreement had been
agreed with the invalid illegal or unenforceable provision eliminated.
17 NOTICES
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 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 2 days following the date
of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties
relating to the subject matter and supersedes any previous agreements,
arrangements, undertakings or proposals, oral or written. This Agreement
may be updated without notice.
19 GOVERNING
LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance
with the law of England and the parties hereby submit to the exclusive
jurisdiction of the English courts.
20 DOMAIN NAME
REGISTRATION
20.1 Domain names are not deemed to be successfully registered until
they appear in the relevant whois database of the top level domain
name registrar. In the event that a domain name is unavailable when
we attempt to register it TJH Computers will provide a full refund
for that domain name.
20.2 Please return to the main terms and conditions area of this
website to view terms and conditions for individual domain name
registrars.
21 SCRIPTING
TJH Computers are not responsible for customer programming issues
other than ensuring that programming languages such as Perl, PHP
and ASP are installed and functioning on the web hosting system.
22 PRIVACY
To protect
your privacy we will not distribute your details to third parties,
unless required to do so by law.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer,
if you exceed this amount in any one month your account will be
deactivated until you have upgraded to an account that has more
data transfer included.
23.2 Web hosting accounts are prohibited from hosting file distribution
websites (including but not limited to music, video and software),
adult content orientated websites, hosting banners, graphics or
cgi scripts for other websites, storing pages, files or data as
a repository for other websites or personal computers, giving away
web space under a domain, sub domain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers processing power
and as a result have a detrimental effect on other customers we
will discuss with you alternative solutions for your hosting requirements.
Should an agreement not be agreed in writting within 10 working
days of discussions beginning TJH Computers reserves the right to
terminate the agreement under clause 13
25 AFFILIATE
PROGRAMME
Commission earned via the affiliate programme will only be paid
by using a valid direct debit/credit mandate on your account. It
is the customers responsibility to ensure they have this facility.
In the event of the customer not being able to obtain this facility
then no commission will be paid.
26 EMAIL NEWSLETTER
TJH Computers communicates with it's customers via email and as
such you agree to receive by email our regular newsletter which
contains amongst other things changes to our terms and conditions,
notification of major outages, updates to our products & features
and special offers.
27 WEBSPACE
USAGE
Unlimited web space is available for genuine web site content, content
must be linked into web pages. Customers are prohibited from using
the server as a file/backup repository. Customers are expected to
employ good house keeping when maintaining their account.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from
the system.
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