Ash Vale Computer Services 01252 333823 |
-- for homes and small businesses in and around Ash Vale -- |
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Website hosting - Our Terms and Conditions
Maximum liability for AVCS shall not
exceed the amount that you have paid.
AVCS warrants to you
that the service will be provided using reasonable care and skill but that
at all times this may be subject to downtime caused by routine or
emergency maintenance by AVCS or downtime occasioned by third parties.
AVCS will not be liable for consequential loss in the event that the
service is interrupted.
You are responsible for maintaining and backing up your site. In the event that the AVCS server hardware changes, you may need to re-upload your site.
AVCS will inform you as soon as reasonably practicable of any delay in
the delivery of the service.
AVCS may update the agreement from time to time at its
sole discretion in order to fulfil any regulation or law now in force or
enacted in the future. You agree that any such revision or change will
be binding and effective 30 days after the posting of the
revised agreement. You agree that your continued use of the service
after this indicates your agreement to these modifications. You
acknowledge that if you do not agree to any such modifications, you may
terminate this agreement in accordance with its terms.
For the avoidance of doubt, nothing in the agreement
obliges AVCS to list or link to your domain name. You agree and
acknowledge that the registration of your chosen domain name does not
confer immunity on you from objection by any other party to either the
registration or use of your domain name.
You warrant that you have all necessary power and authority to enter into this
agreement, and that (in the case of individuals) you are over 18
years of age.
AVCS reserves the right to
refuse to host or continue to host any website or any content which AVCS believes, in its sole discretion, offers for
sale goods or services or uses or displays materials that
are illegal, or that may otherwise be considered inappropriate or
objectionable. Any content connected with
politics, weaponry of any sort, or pornography would be deemed
inappropriate;
AVCS reserves the right to impose
limits on the amount of storage space available to you on AVCS'
computers, to vary any such limits and to delete or refuse to accept
material which exceeds such limits. The limit, unless otherwise
agreed, is 20Megabytes.
You agree that you are responsible for all goods and services offered, all
materials used or displayed, and all acts or omissions that occur in
connection with the website or your account or password;
you will display on the website your contact information, including at a
minimum: if you are an individual, your first name,
last name and address; and if you are a company, the
company's name, registered office, company number, telephone number, e-mail address; you agree
to keep such information
complete, accurate, and up-to-date; you may not resell,
assign or transfer your rights or obligations under the
agreement; you represent and warrant that you
have the full power and authority under all relevant laws and
regulations to offer and sell the goods and services offered,
including but not limited to holding all necessary licences from all
necessary jurisdictions to engage in the advertising and sale of the
goods or services offered.
In order to use the
service, you must obtain access to the internet and pay any service fees
associated with such access. In addition, you must provide all equipment
necessary to make such connection to the internet. You
acknowledge that all fees for the service are exclusive of any
telecommunication fees. All telecommunication fees incurred by you in
connection with the use of the service remain solely and at all times your
responsibility.
You agree that you will comply with all applicable law including the
Data Protection Act 1998.
Moving an existing domain name to AVCS
If you have registered your domain
name with another provider, you can use that domain name under the
service. However, you must request that the original registrar change
the nameservers for the domain name.
If you choose to use a domain
name under the srvice that you have already registered with another
provider, the fees payable to AVCS for the service will not include
the registration fees payable by you to that other provider. You will
be solely responsible for all ongoing fees for that domain name with
that other provider (including renewal fees).
You agree
that if you license the use of your domain name to a third party you will
remain responsible for complying with this agreement and you accept
liability for any harm caused to AVCS by such licensee's wrongful use of
AVCS' domain name registration services.
All
domain name registrations must be in a paid status to be transferred,
deleted, modified, or for you to otherwise request AVCS to alter the
domain name record or to provide a domain name-related service. Domain
name registrations in an unpaid status are routinely deleted on a
regular basis by the controlling body.
Fees
In consideration for the service,
you agree to pay AVCS the applicable fees at the time of your selection of
the particular package or (if applicable) upon receipt of your invoice
from AVCS. AVCS reserves the right to alter its fees and will provide
you with prior notice if such alterations will affect you.
You must pay the charges for the period
relevant to the package you have selected prior to AVCS providing the
service. You agree to pay for the service twelve months in advance.
All
fees exclude VAT. You agree to pay all value added, sales and other taxes
(other than taxes based on AVCS' income) related to the service or
payments made by you hereunder.
All fees
for the service are due and payable immediately in pounds sterling to AVCS and
are non-refundable and non-creditable. All sums due and
payable which remain unpaid after 30 days will accrue interest as
the rate of 1.5% per month above the base rate of British Bank plc or the
maximum amount allowed by law, whichever is less.
Neither AVCS nor you shall be entitled to set off
any credit against any amount owed to it by the other under the
terms of this agreement or under any other agreement.
Termination
You may terminate the
service at the end of the Initial Term or at the end of each Renewal Term
by at least one month's prior notice to AVCS. Such notice shall be
made by either mail, registered mail, or fax, and must include your account name
and the reason for
cancellation. You will
not be entitled to a refund of any fees if you terminate the service. You are responsible
for all moneys owed on your account from its creation until your
termination of the service is confirmed by AVCS in writing.
Terminating the
service will not terminate any
other services you have purchased including without limitation the
registration of a domain name, and you will remain responsible for any
fees for such services. Transferring a domain name registration away
from AVCS will not terminate the service. You must notify AVCS as above if you wish to cancel
the service.
In the case of your non-payment of fees for
the service AVCS reserves the right to
terminate the service and remove any of your content from AVCS' servers,
immediately. AVCS may terminate the service at its discretion
and in the absence of any breach of the terms of this agreement by you,
in which case you agree that your sole remedy will be the refund by AVCS
to you of a pro-rata amount of the fees you
have already paid for the service.
Upon termination of
the service you shall be bound to pay any outstanding fees in respect of
the service received up to and including the date of termination of the
agreement.
You agree that AVCS may suspend, cancel or
transfer the service to (a) correct mistakes made by AVCS, another sub-contractor
or the registry in registering your chosen domain name; or (b) to resolve a dispute under any of AVCS' terms and
conditions from time to time in force.
Support
You can obtain
assistance with technical difficulties that may arise in connection with
the service or your utilisation of software provided in connection with
the service by emailing. AVCS reserves the right to impose limitations on the extent of such
support and the hours at which it is available.
No
waiver
AVCS may at any time strictly
enforce the requirements and limitations of this agreement and AVCS'
failure to do so does not in any way waive those requirements or limit
AVCS' rights to enforce them.
Rights of third parties
The parties do
not intend that any term of this agreement shall be enforceable solely by
virtue of the Contracts (Rights of Third Parties) Act 1999 by any
person who is not a party to this agreement.
Invalidity
If any provision or part of this
agreement is held to be invalid, amendments to this agreement may be made
by the addition or deletion of wording as appropriate to remove the
invalid part or provision but otherwise retain the provision and the
other provisions of this agreement to the maximum extent permissible
under applicable law.
Assignment
AVCS reserves the right to
assign or otherwise transfer any rights or obligations under this
agreement. You are not entitled to assign or otherwise transfer any
rights or obligations under this agreement without the prior written
consent of AVCS.
Email
AVCS will supply up to 5 incoming email boxes if required. AVCS does not provide
any outgoing mail service. Outgoing mail should be sent through your own ISP.
Governing law
This agreement shall be
governed by the laws of England and Wales and the parties to this
agreement hereby submit to the non-exclusive jurisdiction of the courts
of England and Wales.
| © 2005 onwards Escher Technologies Ltd trading as Ash Vale Computing, Hillside Road, Ash. Designs by Monnerys Website Designs www.monnerys.com. Information in this document is subject to change without notice. |