Hosting/Design Terms & Conditions:
You indicate acceptance of these terms and conditions of service by placing an order with SCOTLAND'S WEB DESIGN. These terms and conditions will not be varied for individual customers.
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "down-time" 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 "SCOTLAND'S WEB DESIGN" means SCOTLAND'S WEB DESIGN
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 SCOTLAND'S WEB DESIGN 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 SCOTLAND'S WEB DESIGN
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 www.scotlandswebdesign.co.uk.
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.
1.5 Scotland's Web Design & Scotland's Web Hosting are trading names for Blue Dolphin IT Consultancy Services.
2.1 The Customer wishes to provide SCOTLAND'S WEB DESIGN with data that will be hosted on SCOTLAND'S WEB DESIGN servers and made accessible via the Internet.
2.2 SCOTLAND'S WEB DESIGN provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
3.1 SCOTLAND'S WEB DESIGN 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 SCOTLAND'S WEB DESIGN the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or SCOTLAND'S WEB DESIGN ("the Customer Software), in a format specified by SCOTLAND'S WEB DESIGN.
4 CHARGES, PAYMENT AND MONEY-BACK GUARANTEE
4.1 SCOTLAND'S WEB DESIGN accepts cheques, direct debit monthly payments or bank transfers
4.1a Any cheque returned to Scotland's Web Design unpaid by the bank will automatically have their website suspended and under section 4.8 of the SWD Terms & Conditions will be applied
4.1b Should any person paying by direct debit default will automatically have their website suspended and under section 4.8 of the SWD Terms & Conditions will be applied
4.2 SCOTLAND'S WEB DESIGN does not provide credit facilities.
4.3 SCOTLAND'S WEB DESIGN provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket at URL 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.
4.4 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
4.5 Should your chosen payment method fail SCOTLAND'S WEB DESIGN will attempt to settle your invoice using any other payment facilities available on your account.
4.6 All services will renew until cancelled by the customer. SCOTLAND'S WEB DESIGN emails the customers primary email address prior to renewal of services, it is the customer’s 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.
4.7 Default by non- payment, all invoices must be paid within 14 (fourteen) days, if payment has not been received by the 21st day (unless otherwise agreed) SCOTLAND'S WEB DESIGN reserves the right to suspend all internet services provided.
4.8 To reactivate the service a £75 .00 (Seventy Five Pounds) administration fee will be incurred, any request for a domain name(s) to be transferred to another web hosting company will not take place until all outstanding monies have been paid to SCOTLANDS WEB DESIGN.
5 IP ADDRESSES
5.1 SCOTLANDS WEB DESIGN 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 SCOTLANDS WEB DESIGN 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 SCOTLAND'S WEB DESIGN ("SCOTLAND'S WEB DESIGN 'S software") in order to use the Services, SCOTLAND'S WEB DESIGN 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 SCOTLAND'S WEB DESIGN 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 SCOTLAND'S WEB DESIGN Software.
6.2 In relation to SCOTLAND'S WEB DESIGN 'S obligations under this Agreement in connection with the provision of the Services, the Customer grants to SCOTLAND'S WEB DESIGN 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 SCOTLANDS WEB DESIGN 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 sub-license SCOTLAND'S WEB DESIGN Software.
6.4 SCOTLAND'S WEB DESIGN 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, SCOTLAND'S WEB DESIGN 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 SCOTLAND'S WEB 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, SCOTLAND'S WEB DESIGN makes no warranties or representations that the Service will be uninterrupted or error-free and SCOTLAND'S WEB DESIGN shall not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 SCOTLAND'S WEB DESIGN carries out internal data backups for use by SCOTLAND'S WEB DESIGN in the event of systems failure. SCOTLAND'S WEB DESIGN do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly SCOTLAND'S WEB DESIGN accepts no responsibility for data loss or corruption.
7.3 Backup facilities for individual customers can be arranged, this service is chargeable at reasonable rates. Please contact Scotland’s Web Design for details.
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 SCOTLAND'S WEB 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.
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, SCOTLAND'S WEB DESIGN 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 SCOTLAND'S WEB DESIGN shall be entitled to withdraw the Services and terminate the Customer's account without notice.
9 ALTERATIONS AND UPDATES
All alterations and updates (within contracted obligations) to the website shall be made by in a timely fashion by SCOTLANDS WEB DESIGN. The onus for proof reading, error checking remains with the customer for any information supplied as updates to web content. Affordable maintenance packages are available, please request details from Scotland’s Web Design.
10.1 The Customer warrants and represents to SCOTLAND'S WEB DESIGN that SCOTLAND'S WEB DESIGN '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 SCOTLAND'S WEB DESIGN 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, SCOTLAND'S WEB DESIGN shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
The Customer agrees to indemnify and hold SCOTLAND'S WEB 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 SCOTLAND'S WEB 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.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit SCOTLAND'S WEB DESIGN'S liability for death or personal injury resulting from SCOTLAND'S WEB DESIGN 'S negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of SCOTLAND'S WEB 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.
12.3 In no event shall SCOTLAND'S WEB 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 SCOTLAND'S WEB DESIGN 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 SCOTLAND'S WEB 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.
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 customer’s account will be deleted.
14.1 SCOTLAND'S WEB DESIGN 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 SCOTLAND'S WEB DESIGN 'S prior written consent.
15 SCOTLAND'S WEB DESIGN
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.
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.
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 or Scotland and the parties hereby submit to the exclusive jurisdiction of the English or Scottish courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant who is database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it SCOTLAND'S WEB DESIGN 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.
SCOTLAND'S WEB DESIGN 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.
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.
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 customer’s 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
SCOTLAND'S WEB DESIGN 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, such 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 housekeeping when maintaining their account.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.
SCOTLAND'S WEB DESIGN DEFINITION OF A MINOR / MAJOR UPDATES
Changing or adding an address or telephone number
Adding or deleting up to 5 photographs
Adding or deleting of a text passage of information (This does not include a complete page of information)
Links to other websites or web pages
Change of text colour
Adding a scrolling banner
The above will be considered by Scotland’s Web Design as minor updates and will be done F.O.C for the first 3 months of the site being uploaded to the World Wide Web Internet, unless a maintenance programme has been taken out by the customer of the website, or otherwise agreed between Scotland’s Web Design and the customer.
Can be time Consuming
Any Change of design, this includes colours used in the design and not text (After you have accepted the web site)
Adding of pages and content
The adding of forms etc.
If you have one of the following already on your website, (photograph gallery, roll over photograph, pop up roll over photograph) adding another will constitute a major update.
Setting up any kind of e-commerce facility on the site
The cost of any major work carried out to your website will be at our reasonable hourly rate of £25.00/hour.
Costs to be agreed with the customer before the work commences.
A 33% deposit of the total website package cost is required by Scotland's Web Design before any design work is undertaken.
The remainder 67% will be due on completion and before the site is made 'live' on the WORLD WIDE WEB (INTERNET)
These Terms & Conditions were revised on 30th August 2012 and supersedes any other previous Terms & Conditions published by Scotland’s Web Design.