Time for
Design
Page updated Sunday, 30 October 2005
HOSTING AND DOMAIN NAME TERMS & CONDITIONS ››››››
Time for Design provides web hosting services under the following terms and conditions. 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.
CHARGES ,PAYMENT AND MONEY BACK GUARANTEE
Payment is accepted by online PAYPAL secure facility. In some circumstances, Time for Design may accept cheques.
Time for Design 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.
Time for Design does not provide credit facilities.
Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
SERVICE LEVELS AND DATA BACKUP
Time for Design 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, Time for Design makes no warranties or representations that the Service will be uninterrupted or error-free and Time for Design shall not, in any event, be liable for interruptions of Service or downtime of the server.
Time for Design does not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Time for Design accepts no responsibility for data loss or corruption.
ACCEPTABLE USE POLICY
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:
i) use the Services or the Website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
ii) send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
iii) 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 via the Services or on the Website;
iV) threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
V) engage in illegal or unlawful activities through the Services or via the Website;
Vi) 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
Vii) obtain or attempt to obtain access, through whatever means, to areas of Time for Design's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
Viii) operate or attempt to operate IRC bots or other permanent server processes.
The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Time for Design is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
If the Customer fails to comply with the Acceptable Use Policy outlined above Time for Design shall be entitled to withdraw the Services and terminate the Customer's account without notice.
ALTERATIONS AND UPDATES
Where hosting has been purchased and the customer constructs or supplies their own website design, 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 Time for Design and the password will be changed.
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, Time for Design shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
INDEMNITY
The Customer agrees to indemnify and hold Time for Design 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 Time for Design 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.
LIMITATION OF LIABILITY
Nothing in these terms and conditions shall exclude or limit Time for Design's liability for death or personal injury resulting from Time for Design's negligence or that of its employees, agents or sub-contractors.
The entire liability of Time for Design 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.
In no event shall Time for Design 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 Time for Design had been made aware of the possibility of the Customer incurring such a loss.
TERM AND TERMINATION
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.
Time for Design 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.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
i) 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
ii) the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
iii) 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
iV) the other party ceases to carry on its business or substantially the whole of its business; or
V) 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.
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
On termination all data held in the customers account will be deleted.
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.
DOMAIN NAME REGISTRATION
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 Time for Design will provide a full refund for that domain name.
PRIVACY
Your privacy is very important to us, and we will only use any of your details and information supplied in accordance with the Data Protection Act of 1998. To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
DATA TRANSFER
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.
