Ash Vale Computer Services 01252 333823

-- for homes and small businesses in and around Ash Vale --

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Website hosting

A website needs "hosting" - that is, it needs to exist on a computer known as a server, which is permanently connected to the internet. Different companies run the servers which do this; the facilities provided vary, and the companies charge different rates.

We offer low cost website hosting. This can be part of our website package, or completely separate, as you wish. Just scroll down to see our terms and conditions.

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Website hosting - Our Terms and Conditions

AVCS means Ash Vale Computer Services.

Initial Term means the term (a minimum of one year) of the package you have selected.

ISP means your internet service provider.

Order Date means the date you place your order with AVCS for the service.

Renewal Term means the term of one year.

You means you as the customer entering into the agreement with AVCS.
General

You agree that your placing of an order is an offer by you which AVCS is free to accept or reject at its sole discretion. If AVCS accepts your order, AVCS will supply the service to you as soon as reasonably practicable after the date AVCS receives your full payment for the service.

You undertake always to review the most recent version of the AVCS Web Hosting Terms and Conditions at the URL where these can be found (this website).

Except insofar as is prohibited by law, AVCS excludes all express or implied warranties including without limitation any warranties as to fitness for purpose and any express or implied warranties that might arise from a course of dealing, usage or trade practice.

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.

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terms and conditions last updated 22 August 2006


© 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.