Wiltshire-Hosting Terms and Conditions of service
1. Definitions
"Service" Products and services provided by Wiltshire-Hosting to use to the Internet, World Wide Web and e-commerce, including but not limited to internet access, e-mail, website building, website hosting, domain name registration, telecommunications services.
"Charges" Monthly and annual periodic and one-off payments made to Wiltshire-Hosting by the Customer for use of the Service
"Order Form" An online or printable registration form available on Wiltshire-Hosting's website or from Sales Team, for completion by Customer to order the Service
"Web Consultancy" The building of Customer's website or online e-commerce store by Wiltshire-Hosting web consultants
2. Terms of Use
Before using Wiltshire-Hosting products and services you should read these terms carefully. By using the Service you indicate your agreement to be bound by these General Terms and conditions, whether or not you are a registered user of the Service. If you do not agree to these terms and conditions do not use the Service. Where you require any additional products or services, Wiltshire-Hosting will supply these. These additional products or services may be provided by Wiltshire-Hosting or by a third party. Any such additional products or services (whether provided by Wiltshire-Hosting or by a third party) may attract separate charges and may be subject to additional or different terms and conditions.
4. Customer Obligations
Customer(s) hereby appoints Wiltshire-Hosting to act on its behalf with respect to the provision of the Service
4.1. User Account, Password and Security
You will receive or will be asked to register a username and password for use with the Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account.
4.2. Acceptable Use Policy
4.2.1 The following acceptable use policy applies to all uses by you of the Service, including all use of your website built by you or by Wiltshire-Hosting and/or hosted by Wiltshire-Hosting as part of the service. Wiltshire-Hosting may promptly suspend or block access to your use of the Service if you are in breach, or Wiltshire-Hosting has reason to believe you may be in breach, of this acceptable use policy, or any other provision of these general terms and conditions Customer agrees not to •
4.2.1/1 use our Services or your website in any way to send unsolicited commercial e-mail or "spam", or any similar abuse of the Service;
4.2.1/2 send e-mail or any type of electronic message with the intention or result of affecting the performance of any computer facilities.
4.2.1/3 publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information via our Service, or on your website;
4.2.1/4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
4.2.1/5 engage in illegal or unlawful activities through the Service or via your website;
4.2.1/6 make available or upload files to your website or to the Service that you know contain a virus, worm, trojan or corrupt data;
4.2.1/7 obtain or attempt to obtain access, through whatever means, to areas of our network or the Service which are identified as restricted or confidential; or transfer material to or from your computer or website which infringes any laws, regulations or the rights of others.
4.2.1/8 nothing must be put on our servers that is against the laws of Scotland or England. In addition Wiltshire-Hosting reserves the right to remove material that it finds offensive or believe that others may find offensive, you have full responsibility for the content of your site
4.2.1/9 Wiltshire-Hosting accepts no responsibility for the content of websites and reserves the right to close a website if it deems content too be unsuitable. However you will be responsible for providing all information that you require to be placed in your website. Wiltshire-Hosting does not take responsibility for any use of logos, pictures, images or other media that you have hosted within your web space. You should ensure that any media held and displayed within your web space does not have legal copyright attached to it and that you have full permission to use this media.
5. Wiltshire-Hosting's Service Obligations
5.1.1 Wiltshire-Hosting warrants that it will make reasonable endeavours to ensure that the services are provided as described in Wiltshire-Hosting's website but because the Services are provided by means of computer and telecommunication systems Wiltshire-Hosting makes no warranties or representations that the Service will be uninterrupted or error-free.
5.1.2 Customer acknowledges and accepts that no software including without limitation software licensed under this Agreement is bug, interruption or error free and in the event of any such errors, interruption or bugs. Save as expressly set forth in this Agreement, all conditions and warranties, express or implied, statutory or otherwise, (including but not limited to any conditions or warranties as to satisfactory quality or concerning the fitness of the Services or any part thereof for a particular purpose) are hereby excluded. No oral advice or written information given by Wiltshire-Hosting, its employees, licensors or the like shall create a warranty; nor shall Customer rely on any such information or advice. If you have asked us to register a domain name then you have authorised us to act as your agent with the registering authority under the Terms and Conditions for that authority. Please see: http://www.networksolutions.com (.com .org .net), http://www.nominet.org.uk (.co.uk .org.uk), http://www.inww.com .com (.org .net), http://www.centralnic.net (.uk.com), http://www.tucows.com.
5.1.3 Wiltshire-Hosting will use reasonable endeavours to ensure that details of the applicant's registration are correctly entered and maintained with the registering authority. Wiltshire-Hosting maintain the right to change the registration authority and maintain registrations in a manner that does not conflict with the registration authority's Terms and Conditions.
5.1.4 Wiltshire-Hosting will not be held responsible if an incorrect domain name has been registered. It is the customer's responsibility to ensure that correct details are provided to Wiltshire-Hosting.
5.1.5 If you have asked Wiltshire-Hosting to register a domain name that is not on the above list, please contact us for the Terms and Conditions of that registry, which will apply to the contract. An additional charge will apply.
5.2. Data Back Up
5.2.1 Whilst Wiltshire-Hosting shall use its reasonable endeavours to ensure that backup copies of the Client's Web Site and all Client data contained in the Web Site are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and Wiltshire-Hosting shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or Wiltshire-Hosting to back up such data.
5.3. Suspension of Services
5.3.1. Wiltshire-Hosting may disconnect the provision of Service without liability on its part, and with as much prior notice as reasonably possible (except in the case of paragraph (a) or paragraph (c) below in which case Wiltshire-Hosting may do so without prior notice:)
(a) if necessary for operational reasons or for the purposes of carrying out Work at the Premises or maintaining or upgrading the Service or Wiltshire-Hosting's System; or
(b) if obliged to comply with an order, instruction, or request of an emergency service organisation or a governmental or other competent authority.
(c) If a customer owes money or has incurred a debt with Wiltshire-Hosting.
6. Limitation of liability.
6.1 The entire liability of Wiltshire-Hosting and the Customer's only remedy arising in respect of any claim in respect of breach of duty, tort or breach of this Agreement, whether or not arising out of negligence, is limited to the fee paid for the Service from which the breach has arisen, in the 12 months prior to the action or event giving rise to the liability.
6.2 In no event will Wiltshire-Hosting be liable to the customer for any indirect or consequential loss or damage whatever (without limitation for example loss of business, loss of opportunity, loss of profits) including as a result of disclosure of the Customer's username or password. This shall apply even where such a loss was reasonably foreseeable or Wiltshire-Hosting had been made aware of the possibility of the Customer incurring such a loss.
6.3 Wiltshire-Hosting's liability to the Customer for the tort of deceit and for death or injury resulting from its own or that of its employees' or agents' negligence while acting in the course of their employment shall not be limited.
7. Payment
7.1 In consideration of Wiltshire-Hosting's obligations hereunder the Customer shall pay to Wiltshire-Hosting the Charges and any other charges due under this Agreement monthly in advance or annually in advance or as otherwise specified by Wiltshire-Hosting. Payment shall be made by the Customer in full, by the payment method specified in the Order Form.
7.2 Where an invoice arrangement exists, and in the event of any invoice being unpaid we reserve the right to suspend service after giving two week's written notice to the last known address. Suspension of service will not remove your liability to pay your account. In addition we will have the right to charge interest at the rate of 3% over the current Bank of Scotland base rate.
7.3 Where a credit card arrangement exists and if a termination or cancellation has not been received and if expiration date on a credit card occurs Wiltshire-Hosting reserve the right to automatically change the expiration date.
7.4 If the customer does not pay the fee for any service within 30 days of the invoice date Wiltshire-Hosting reserve the right to either cancel the package including registration or change the ownership to Wiltshire-Hosting without further notice to the applicant. If the domain name is cancelled for non-payment then it will be come available to others for registration. If the domain name reverts to Wiltshire-Hosting Ltd then the applicant may negotiate directly with Wiltshire-Hosting to regain the domain, however Wiltshire-Hosting has no obligation to provide the domain to the applicant.
7.5 If you are in the United Kingdom you must add 17.5 percent VAT to all prices. In the rest of the European Union you must also add 17.5 percent VAT, unless you are VAT registered, in which case no VAT is payable providing you quote your VAT number. Outside the European Union no VAT is payable.
7.6 All amounts due to Wiltshire-Hosting under this Agreement are exclusive of Value Added Tax. VAT shall apply and be added at the appropriate rate.
7.7 Wiltshire-Hosting reserve the right to alter prices without notifying customers, particularly with regard to domain name register costs.
8. Term
8.1. This Agreement will become effective on the date of Customer registration for the Service and shall continue for a period of not less than 12 months.
8.2. Following the expiry of the first anniversary, this Agreement may be terminated by either party by cancelling the service at the renewal period in writing. If no written cancellation notice is received then the service will continue for a further 12 months.
8.3. Wiltshire-Hosting shall have the right to terminate this Agreement by notice in writing to the Customer if any of the following events occur
8.3.1. Customer fails to make any payment when it becomes due to Wiltshire-Hosting.
8.3.2. Customer is in beach of any of its obligations under this Agreement
8.3.3. A receiver or liquidator is appointed over the Customer or any of its assets
8.3.4 Customer enters or proposes to enter into any arrangements with its creditors, including voluntary arrangements
8.4 If the Client terminates this Agreement during the contract period other than because Wiltshire-Hosting has increased its Charges or materially changed the terms of this Agreement to the Client's detriment, or if the Agreement is terminated by Wiltshire-Hosting under 1.6.3 below, the Client must pay Wiltshire-Hosting the applicable Charges for the remainder of the contract period.
8.5 Either party may terminate this Agreement or the Service provided under it forthwith by notice to the other if:
8.5.1 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
8.5.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
8.5.3 the other fails to pay any Charges when due; or
8.5.4 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court makes an order to that effect; or
8.5.5 the other party ceases to carry on its business or substantially the whole of its business; or
8.5.6 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, administrator, administrative receiver, manager, trustee or similar officer is appointed over any of its assets; or
8.5.7 the bandwidth used for traffic to and from the web site is exceeded beyond Wiltshire-Hosting's considered acceptable use and is deemed by Wiltshire-Hosting to affect the performance of other Client Websites. Notwithstanding any other remedies it may have under these Terms and Conditions or in law, Wiltshire-Hosting, in the event that the acceptable bandwidth is exceeded, may elect to charge the Client an additional monthly fee to be discussed with a Sales Consultant at the time
8.8 If any of the events detailed above occur as a result of Wiltshire-Hosting's default, Wiltshire-Hosting may by giving notice to the Client to disconnect the Service or any part of it without prejudice to Wiltshire-Hosting's right to terminate this Agreement. Where the Service or any part of it is disconnected under this paragraph, the Client must pay the Charges for the Service until this Agreement is terminated.
8.9 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights.
8.10 On termination of this Agreement for any reason: Wiltshire-Hosting shall have the right immediately to remove any Apparatus from the Premises; and all amounts owing for the Service shall be due and payable in full on demand whether or not then due and Client shall have no right to withhold or set off such amounts; and Wiltshire-Hosting may delete all e-mail, Websites, and other data stored on the Service by the Client and re-use the e-mail addresses, domain names not held by the Client and Web-spaces. Wiltshire-Hosting shall not exercise this right for six weeks in the case of termination by Wiltshire-Hosting other than for breach by Client; and Wiltshire-Hosting shall transfer any domain names held by the Client to another ISP at the prevailing domain name transfer charge.
8.11 Consequences of Termination
8.11.1. Upon the termination of any Agreement for any reason whatsoever: the Client shall promptly return to Wiltshire-Hosting all copies of the Software in his possession; and Wiltshire-Hosting may cease to host the Web Site with immediate effect; and each party shall on request promptly return any documents or papers relating to the business of the other party (including any of the other party's Confidential Information) which it then has in its possession or control.
8.12 Cancellations and Refunds
8.12.1 The Client understands that there is no cancellation or refund policy in place meaning that, from the time the Client provides a credit card payment or signs a service Order or accepts an online order to Wiltshire-Hosting, the Client waives any right to cancel or expect a refund for services purchased unless specified otherwise within this document.
8.12.2 Where a service issue arises during the initial set-up period the client is within his rights to request a refund, however Wiltshire-Hosting reserve the right to provide a service extension or another product or to resolve the service issue.
8.12.3 Wiltshire-Hosting reserves the right to charge for any administration charges relating to cancellation of service.
8.13 Assignment
8.13.1. Wiltshire-Hosting may assign or otherwise transfer this Agreement at any time. Client may not assign or otherwise transfer this Agreement or any part of it without Wiltshire-Hosting's written consent.
9. Renewal
9.1. Wiltshire-Hosting will automatically renew the Client's contract each year after the initial one year contract period unless the Client notifies Wiltshire-Hosting in writing at least 60 days prior to the end of the contract period instructing Wiltshire-Hosting to do otherwise.
9.2. The Client acknowledges in the event Wiltshire-Hosting is not informed at least 60 days prior to the end of the contract period of the Client's wishes not to renew, Wiltshire-Hosting will automatically raise and forward an Invoice to the Client for the renewal for a further year. If a credit card or debit card is on file with Wiltshire-Hosting, the Client acknowledges that Wiltshire-Hosting will automatically take payment via that device.
9.3. If payment is not received via this process (i.e.: credit card or debit card is no longer valid, credit card or debit card has expired, etc.) prior to the end of the contract period, Wiltshire-Hosting will inform the Client via fax or letter and the Client acknowledges that the invoice is to be paid prior to the end of the contract period and that Wiltshire-Hosting reserves the right to pursue any outstanding invoice through the appropriate legal channels.
9.4. The Client agrees that any Wiltshire-Hosting package purchased under a promotion at a discounted price for the first year will be charged at the full price for all subsequent years as set out on the Wiltshire-Hosting Price List in force on the commencement date of the current contract period.
9.5. Wiltshire-Hosting will use its reasonable endeavours to ensure that the Domain Name, Existing Domain Name, Internet Keyword or any other Wiltshire-Hosting product will be automatically renewed after expiry of the initial or any subsequent two year registration period provided always that this Agreement remains in force up to the date of expiry of such period.
9.6. In consideration for renewal of the Wiltshire-Hosting package by Wiltshire-Hosting and prior to the renewal date, the Client shall pay to Wiltshire-Hosting the annual fee set out in the Price List.
9.7. Where a domain is to be renewed Wiltshire-Hosting will automatically renew a domain(s) either as part of the overall package or as an individual domain. An annual renewal fee will be applicable as outlines in the price list.
9.8. Whilst Wiltshire-Hosting will use all reasonable endeavours to ensure that the Domain Name, Existing Domain Name, Internet Keyword or any other Wiltshire-Hosting product is renewed at the relevant renewal date, the Client acknowledges that it is not possible for Wiltshire-Hosting to guarantee such renewal and that Wiltshire-Hosting shall not be liable for any failure to renew the Domain Name or the Existing Domain Name.
9.9. The Client acknowledges that in the event the Client fails to remit payment or fails to instruct Wiltshire-Hosting not to renew the Wiltshire-Hosting package, Wiltshire-Hosting reserves the right to renew the Domain Name or any associated Domain Names under it own IPS tag and reserves the right to change the Admin, Technical and Billing contacts to a Wiltshire-Hosting representative and that Wiltshire-Hosting will, at that point, become the rightful owner of the Domain Name.
10. Dial Up Connectivity
10.1. The Client agrees to access the Client's account via the designated Wiltshire-Hosting dial-up number as specified by Wiltshire-Hosting that is subject to change at Wiltshire-Hosting's discretion.
10.2. Any updates and/or amendments to the Web Site or retrieval of e-mail shall be made by the Client using the Software by accessing the Web Site on Wiltshire-Hosting’s website server via the Dial-Up Connection. In the event that the Web Site is accessed, updated or amended, or retrieval of e-mail facilitated in any other way than via the Dial-Up Connection the Client shall pay to Wiltshire-Hosting the fee specified in the Wiltshire-Hosting Price List.
11. Product Terms & Conditions
11.1 Internet Domain Name Registrations
11.1.1. The Client understands that all Wiltshire-Hosting packages incorporate an Internet Domain Name. On payment of the appropriate fee by the Client as specified in the Wiltshire-Hosting Price, List Wiltshire-Hosting shall apply for registration of the Domain Name requested by the Client on the Service Order.
11.1.2. The registration of the Domain Name shall, at all times, be subject to the terms and conditions from time to time in force of the relevant naming authority or registration agent which terms and conditions are hereby included into these Terms and Conditions. The terms and conditions of the naming authority and registration agent currently used by Wiltshire-Hosting can be viewed online at the following URL's:
11.1.2/1 For International TLD's (.com, .biz, .info, .net, .org, etc.): - http://www.inww.com/policies/
11.1.2/2 For UK TLD's (.co.uk, etc.): - http://www.nic.uk/ref/terms.html
11.1.2/3 For CentralNic Domains (.uk.com, .uk.net, .gb.com, .gb.net, etc.): - http://www.centralnic.com/page.php?cid=59
11.1.3. The Client agrees and acknowledges that Wiltshire-Hosting shall not be liable in any way for any acts, omissions, or errors of the naming authority or registration agent in relation to the registration (or non-registration, as the case may be) of the Domain Name.
11.1.4. Whilst Wiltshire-Hosting will use all reasonable endeavours to obtain the Domain Name for the Client, the Client acknowledges that Wiltshire-Hosting shall not be liable for such registration where the Domain Name is or becomes unavailable for any reason whatsoever.
11.1.6. In the event that the Domain Name requested by the Client is unavailable or becomes unavailable between Wiltshire-Hosting's receipt of the Order for registration and the date the application is processed by the registration agent or naming authority, Wiltshire-Hosting will offer an alternative Domain Name to the Client and upon the Client's approval of such alternative Domain Name, Wiltshire-Hosting shall register that alternative Domain Name in accordance with the provisions of this Clause. For the avoidance of doubt, the unavailability of the Domain Name or any replacement domain name shall not affect the validity of the relevant Agreement or the Client's obligation to pay the charges related to the Service Order.
11.1.7. Wiltshire-Hosting shall not be liable for any delay in activating the Domain Name on the Wiltshire-Hosting Server nor for any cost incurred by the Client as a result of such delay and the Client's obligation to pay the fees set out in the Service Order shall not be affected by any such delay.
11.1.8. The Client warrants that the Domain Name does not infringe any intellectual property rights of any third party, including but not limited to trade marks registered or otherwise used by any third party and the Client shall indemnify and keep Wiltshire-Hosting indemnified in respect of any loss, damages, costs or other expenses arising out of or in connection with any breach by the Client of this Clause.
11.1.9. The Client agrees, as a condition of any Agreement, to be bound by the dispute policy used from time to time by the relevant naming authority or registration agent, which policy can be found in the terms referred to in this Clause above.
11.1.10. The Client acknowledges that Wiltshire-Hosting shall have the right to cancel, disconnect, or transfer the Domain Name at any time upon receipt of a court order or arbitration award requiring such cancellation, suspension, or transfer.
11.1.11. Wiltshire-Hosting reserves the right to keep the Clients domain if a client cancels. This domain may be re-sold by Wiltshire-Hosting and such monies will be payable to Wiltshire-Hosting
11.2 Internet Domain Name Transfers
11.2.1. At the Client's request, Wiltshire-Hosting shall host an Existing Domain Name owned by the Client (the "Existing Domain Name") always provided that the Client shall be solely responsible for the transfer of the Existing Domain Name to the Wiltshire-Hosting server on or after the receipt of the Service Order and for any fees payable to any third party in relation to such transfer. In order to effect the transfer, the Client shall request his current ISP or any other relevant third party:
11.2.1/1 in the case of UK TLD's to modify the IPS Tag as required by Wiltshire-Hosting; and
11.2.1/2 in the case of international TLD's to replace the name servers, admin, technical and billing contact with the relevant details per Wiltshire-Hosting's instruction.
11.2.2. The Client acknowledges responsibility for the transfer to Wiltshire-Hosting or duplication of the Client's website before the domain name is released from the previous ISP and, in the event that the website is lost as a result of the transfer, the Client agrees to provide Wiltshire-Hosting with a copy of the website to be uploaded on the Client's web space and that the Client will not hold Wiltshire-Hosting liable for any loss whatsoever of any of the Client's material in the transfer process.
11.2.3. On termination of this Agreement, the Client may transfer the Domain Name or any Existing Domain Name to any third party server subject to completion by the Client of a transfer form and payment by the Client of the transfer fee set out in the Price List in force at the time of termination
11.2.4. Wiltshire-Hosting shall not be liable for any delay in such transfer and the Client's obligation to pay the fees set out in any Service Order shall not be affected by any such delay.
11.2.5. Wiltshire-Hosting reserves the right not to release the Domain Name or the Existing Domain Name to another ISP or naming authority if the Client, at the time of termination, is in breach of any of the Client's obligations including payment of any outstanding fees relating to the Domain Name in question, including transfer fees.
11.3 Web Hosting
11.3.1. The Client agrees to comply with this Web Hosting related Acceptable Use Policy ("AUP") as part of the Client's agreement with Wiltshire-Hosting. By using the Wiltshire-Hosting web hosting facility, the Client agrees to comply with this AUP, and Wiltshire-Hosting may terminate the Client's account and/or withdraw this facility and any other facilities associated with Wiltshire-Hosting's services (in either case in whole or in part) should the Client fail to comply with this policy. This policy has been written on a common sense basis and has been designed to protect the interests of those companies and individuals who wish to benefit from what the Internet has to offer and:
11.3.2 the Client may not maintain web space above that limit in which the Client has contracted. The Client is prohibited from maintaining a mailbox above the specified storage size as dictated by the Wiltshire-Hosting Package specified on the Service Order. The Client should ensure that unneeded e-mail is periodically deleted so that the Client does not exceed the mailbox limit. If this limit is exceeded, the Client may not be able to receive mail; and
11.3.3 while it is acceptable for the Client to extend the amount of CGI scripts provided by Wiltshire-Hosting, it is understood that no support can be offered for third party scripts. Any additional CGI scripts found to be functioning in an offensive or destructive manner or found to be using excessive processing power or memory will be removed from the website without notice and the Client accepts that Wiltshire-Hosting reserves the right to remove any CGI scripts that, in Wiltshire-Hosting's opinion, are causing or could cause a detrimental effect on Wiltshire-Hosting's systems or to other users of the internet; and
11.3.4 the Client will be issued with a user name and password in order to access the account. The Client must take all reasonable steps to maintain the confidentiality of this user name and password. If the Client reasonably believes that this information has become known to any unauthorised person, the Client agrees to immediately inform Wiltshire-Hosting and the password will be changed; and
11.3.5 the Client is responsible for all use and content of the Client's hosted space. Wiltshire-Hosting does not accept responsibility for any content that the Client places on to the Client's hosted web site. Wiltshire-Hosting reserves the right to investigate suspected violations of the AUP. When Wiltshire-Hosting becomes aware of possible violations, an investigation may be initiated, which may include gathering information from the Client and the complaining party, if any, and examination of material on Wiltshire-Hosting servers. Much of the AUP reflect acts that may constitute breaches of legislation or regulations and may in some cases carry criminal liability; and
11.3.6 during an investigation, Wiltshire-Hosting may require the Client to divulge information relating to its activities and how they may have impacted on Wiltshire-Hosting's services so as to compromise the security or tamper with Wiltshire-Hosting's system resources or accounts on Wiltshire-Hosting computers or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of such tools include: password-guessing programs, cracking tools or network probing tools; and
11.3.7 unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. The Client may send advertising material only to addresses that have specifically requested it. Wiltshire-Hosting will not forward mail to the Client if the account was terminated for bulk mailing or unsolicited advertising. Violations of this AUP can sometimes result in massive numbers of e-mail responses. If the Client receives so much e-mail that Wiltshire-Hosting resources are adversely affected, Wiltshire-Hosting may shut down the Client's account; and
11.3.8 clients for whose web pages are generating Internet traffic above that level for which has been contracted, the Client will be informed and offered the opportunity to upgrade the capacity of the web space for a fee outlined in the Wiltshire-Hosting Price List; and
11.3.9 Wiltshire-Hosting will investigate complaints regarding inappropriate material and content on its network and may, at Wiltshire-Hosting's sole discretion, require that the material be removed or otherwise take action as outlined above. Criteria for determining whether a page in inappropriate include the system resources consumed by the page and applicable laws; and
11.3.10 the Client may not use World Wide Web pages within or outside Wiltshire-Hosting's network to violate any part of Wiltshire-Hosting's General Usage Policies, or to attempt to disrupt the content and sites or Internet experiences of other users; and
11.3.11reselling Wiltshire-Hosting hosted web space is expressly prohibited; and
11.3.12 Wiltshire-Hosting reserves the right to remove any web page (in whole or in part) on Wiltshire-Hosting's servers, at any time and for any breach of this policy. Wiltshire-Hosting will not accept any responsibility occasioned for any loss caused as a result of such removal; and
11.3.13 Wiltshire-Hosting will provide access to the Client's web space on its servers for uploading of the Client's third party designed websites. Wiltshire-Hosting will provide assistance to the Client in so much as completing the uploading of any such website. The Client acknowledges that because there are so many design packages available on the market, and the numerous methods of web design, Wiltshire-Hosting does not guarantee that the Client's website will function correctly when uploaded to the Wiltshire-Hosting server. Though Wiltshire-Hosting will make efforts to assist the Client in remedying these instances, the Client acknowledges that Wiltshire-Hosting will in no way be responsible for providing a remedy to fix the Client's site. The Client acknowledges that Wiltshire-Hosting cannot, under any circumstances, offer assistance with respect to third party CGI scripts not directly provided by Wiltshire-Hosting.
11.3.14 Wiltshire-Hosting reserves the right to amend, alter or modify this policy at any time and in any manner. Wiltshire-Hosting may notify you by e-mail of this, but the Client agrees to review the policy regularly and the Client's continued use of the Service two weeks after any change will constitute acceptance of the change.
11.4 Website Construction
11.4.1. Wiltshire-Hosting shall assist the Client with the construction of and/ or development of a simple Web Site in accordance with the options selected by the Client on the Service Order.
11.4.2. On Wiltshire-Hosting Packages that include a web site construction option, the following options are available:
11.4.3. Wiltshire-Hosting will provide the Client with access to the Wiltshire-Hosting web space as specified below.
11.4.4. Upon payment of the appropriate fee, Wiltshire-Hosting shall allocate to the Client web space on its website server as defined by the Wiltshire-Hosting package as outlined on the Service Order on which the Client's Web Site may be hosted.
11.4.5. Any updates and/or amendments to the Website, web space, or retrieval of E-mail shall be made by the Client using the Software by accessing the Web Site on Wiltshire-Hosting’s website server via Wiltshire-Hosting's designated connection platforms (dial-up or broadband). In the event that the Web Site is accessed, updated or amended, or retrieval of E-mail facilitated in any other way than via the Wiltshire-Hosting's Connection platform as specified by Wiltshire-Hosting, the Client shall pay to Wiltshire-Hosting the fee specified in the Wiltshire-Hosting Price List.
11.4.6. Whilst Wiltshire-Hosting shall use all reasonable endeavours to ensure that the Web Site can be accessed by users of the Internet at all times, the Client acknowledges that it is technically impossible to provide such access free of fault at all times and Wiltshire-Hosting does not undertake to do so. Wiltshire-Hosting expressly reserves the right to suspend availability of the Web Site for the purpose of necessary or scheduled maintenance. Access to the Web Site may also be adversely affected by conditions and performances outside Wiltshire-Hosting’s control, including without limitation the breakdown of transmission and telecommunication links.
11.4.7. The Client is responsible for supplying to Wiltshire-Hosting the materials which the Client would like to be included in the building of the website. Wiltshire-Hosting may reproduce, as well as digitally manipulate the materials in the course of building the Website and the Client confirms that Wiltshire-Hosting is allowed to do so. Wiltshire-Hosting reserves the right to reject any part of the material submitted if it is deemed unsuitable for inclusion within if they violate any aspect of the Wiltshire-Hosting's Acceptable Use Policies.
11.4.8. The Client acknowledges that the volume or type of material submitted must be commercially realistic for Wiltshire-Hosting to build the website within the defined scope of work. The Client accepts that Wiltshire-Hosting may, at its discretion; decline to perform the service if the expectation of the Client exceeds the scope of work as defined on the Service Order.
11.4.9. The Client accepts that Wiltshire-Hosting will not be responsible for holding design material for more than one month from date of completion and uploading of the website to the Client's web space. The Client must write to Wiltshire-Hosting on its company letterhead instructing how and when to return the design material along with a self-addressed postage paid envelope before the expiration of the one month period if the Client desires the material to be returned.
11.4.10. Per the Client's request, Wiltshire-Hosting will include links to other web sites and the Client acknowledges that Wiltshire-Hosting will not make any independent enquiry into those links. The Client confirms that the creation of those links is authorised by the owner/operator of the linked site and that the linked sites does not conflict with Wiltshire-Hosting's Acceptable Use Policies.
11.4.11. The Client acknowledges that Wiltshire-Hosting will submit the website to the major search engines at the time the website is uploaded to the Client's web space and this is a one-off submission. The Client is responsible for managing future submissions at the Client's own discretion.
11.5 Website Statistics Package
11.5.1. The Client acknowledges that the Wiltshire-Hosting Statistics Package is a tool designed to provide the customer with an indication regarding the performance of the Client's website and that Wiltshire-Hosting will not be liable for any generated reports that do not accurately reflect the true statistics.
11.5.2. The Client acknowledges that any updates to the website that involve uploading to the current website in which the Statistics Package relates could overwrite the code that drives the statistical reports and that it is the Client's responsibility to ensure that after each upload, the statistics package has not been overwritten and in the event it has been overwritten, Wiltshire-Hosting will not be responsible for the loss, whether of information or financial in nature, incurred by the Client.
11.5.3. The Client acknowledges that the Statistics Package is sufficient for websites that receive less than 30,000 hits per year and that Wiltshire-Hosting has the right to cancel, disconnect, or instruct the Client to pay an additional fee for the Statistics Package in the event this restriction is broken.
11.5.4. The Client acknowledges responsibility for downloading the statistics compiled by the Statistics Package at least every two months and that Wiltshire-Hosting will not be responsible for savings statistics any longer than three months.
11.6 Online Control Panel
11.6.1. The Client acknowledges that the Online Control Panel is designed to provide the Client with increased usability with respect to the management of the Wiltshire-Hosting account and that from time to time the Control Panel may not reflect with complete accuracy of account related information.
11.6.2. The Client acknowledges that only authorised account users are to have access to the Control Panel and that Wiltshire-Hosting shall be indemnified against any loss or damage incurred by the customer with respect to misuse of the Control Panel.
11.7 RapidRank
11.7.1. Rapid Rank is an annual renewable service. The client acknowledges that this service will be renewed annually in line with our current price list.
11.7.2. all renewals will occur automatically. Please refer to section 9 Renewal.
11.7.3.1. The guarantee for web setup commences from the time that Wiltshire-Hosting receive the key words and phrases from the customer
11.7.3.2 Initial submissions during implementation will only be made on a Monday-Friday. No refunds will be supplied where a customer maintains receipt by Wiltshire-Hosting was a weekend
11.7.3.3. Website Information received after 12 noon on a Friday and where a bank holiday occurs will be deemed to be received the following working Tuesday.
11.7.3.4. Wiltshire-Hosting will submit customer websites to our Partner Search Engine Services using technology that will place a customer in Search Engines as detailed on our website. Customers should note that we cannot guarantee listings on all search engines as each search engine has varied listing criteria. for instance search engines such as Google, Wanadoo and AOL use spidering technology and we do not guarantee a listing in these services however you have an increased likelihood of listing following your ranking on the other major engines included in this package.
Wiltshire-Hosting reserve the right to change the partner search engines with no notice to customers to ensure that Wiltshire-Hosting are able to keep ahead of search engines updating their search engine technology.
11.7.3.5. Actual placement in a Search Engine is dependent upon the key words and phrases used as described by the customer. Wiltshire-Hosting cannot guarantee that a customer will be ranked in any specific position in any search engine, however we guarantee to continually submit every 48 hours to our Partner Search Engines and you are welcome to monitor and change your web page at any time to achieve the desired ranking position using the software supplied for this purpose.
11.7.3.6 the 7 day guarantee begins once a domain name has been transferred to Wiltshire-Hosting’s servers by the customers previous ISP
11.7.3.7 the 7 day guarantee begins once a domain has been purchased from the registrar. Wiltshire-Hosting accept no responsibility if a registrar’s service provides any delay in Wiltshire-Hosting registering the customer’s requested domain name
12. General
12.1. Wiltshire-Hosting may update or amend these General Terms at any time. Wiltshire-Hosting will communicate changes to the Customer via the customer support forum.
12.2. This Agreement and any documents expressed by this Agreement to be incorporated herein constitutes the entire understanding between Wiltshire-Hosting and the Customer and save in respect of fraudulent statements supersedes all prior agreements, arrangements, understandings and representations (whether oral, written or otherwise) made by or between Wiltshire-Hosting and the Customer.
12.3. This Agreement shall be governed by and construed and interpreted in accordance with the laws of Scotland and England. Customers who have purchased services in England shall be subject to the exclusive jurisdiction if the courts in England. Customers who have purchased services in Scotland shall be subject to the exclusive jurisdiction if the courts in Scotland.
12.4. 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.
12.5. Any tutorial, demonstration or thread made in Wiltshire-Hosting’s customer support forum is posted as informational purposes only and Wiltshire-Hosting or any of its clients, employees or customers will not be held responsible for loss of data, information or interruption in service arising from the use of script, information or data files including but not limited to .PDF .txt .WRD .ZIP . RDF posted in its forum. |
