Hosting Terms & Conditions

Web Design and Website Hosting -- Acceptable Usage Policy

• Racist, sexist, or any other form of discriminatory website, or websites promoting hate towards individuals or groups of individuals are not permitted.
• Illegal websites are not permitted.
• Websites that promote harm to minors are not permitted.
• Pornographic websites are not permitted on our main Apt Creative hosting accounts server.  
• Websites used for fraud are not permitted.
• We reserve the right to remove any website that we deem offensive or inappropriate.

THIS AGREEMENT is made this between Apt Creative here after known as “The Company” and (“Client”).

1. "Order" means the instruction by the Customer to The Company to provide the Services as defined in the Quotation, the order is subject to these Conditions.
2. "Services" means the provision of web site construction, website design, graphic design and hosting services, or other services as stated in the Quotation, provided by The Company to the Client.
3. "Quotation" means The Company's definition of the Services to be provided which is communicated to The Client before an Order is made.
4. "Absolute Hosting Limits" means the limits in the hosting service provided that if exceeded by the The Client will result in a breach in the Acceptable Use Policy.
5. "Payment Period" means the frequency with which the The Client will be charged for hosting services.
6. "Fees" means the fees set out in the Quotation payable by the Customer in consideration for the Services together with any other charges made pursuant to this Agreement.
7. "Maximum Hosting Limits" means the level of hosting services provided to the The Client as outlined in the Quotation or otherwise agreed between The Company  and The Client.
8. "Maximum Data Transfer Limit" means the maximum data transfer that can take place before a higher level of hosting Service is required.
9. "Maximum Web Space Limit" means the maximum web space that can be used before a higher level of hosting Service is required.
10. "Upgrade" means an upgrade in the level of hosting services provided to The Client.
11. "Minimum Term" means the minimum amount of time that the hosting service shall be provided.
12. "Minimum Notice of Termination" means the minimum notice that must be given by the The Client to The Company to terminate hosting services.

 

Agreements

In consideration of the mutual covenants set forth in this Agreement, Customer and Client hereby agree as follows:

1. Terms             

Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Client subject to the following terms:

•    Length of Service.

Client agrees to an initial twelve (12) month contractual term of service (“Term”). The length of contract required is based on the type of service desired by Client and shall be determined solely by Company.

•    Service Start Date.

The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.

•    Renewal by Client.

This Agreement will automatically renew for successive twelve (12) month Terms unless cancelled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.

• At project acceptance The Company can provide an estimated completion date, however we cannot guarantee this date as a final completion date.

2. Terms of Payment

Payment is due within two weeks of invoice.  There is a £35 fee for returned checks.  Sites that are in arrears will be suspended.  Suspended sites will be charged a £35 re-instatement fee.

3. Proprietary Information

Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.

4. Censorship

Company will exercise no control whatsoever over the content of the information passing through the network, email or web site. All content must conform to our Acceptable Usage Policy (AUP). Customers with content that violates our AUP will have their accounts terminated.

5. Warranties

Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.  Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client's own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

6. Limited Liability

The Client expressly agrees that use of The Company is at Customers sole risk. Neither The Company, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that  The Company's service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Apt Creative ltd service.

Under no circumstances, including negligence, shall  The Company, its offices, agents or any one else involved in creating, producing or distributing  The Company’s services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use The Company's services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to The Company’s records, programs or services.

Customer hereby acknowledges that this paragraph shall apply to all content on the The Company’s service.

Notwithstanding the above, The Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which The Client paid during the term of this contract. The Company can not guarantee nor be held responsible for failed domain registrations or domains transfers.

7.Trademarks and Copyrighted Material

Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

It is the customers responsibility to ensure that any web site is lawful, does not infringe any copyright or any other laws. It is also the customers responsibility to carry out any market research as to the viability and profitability of any project before accepting any quote.

Copyrights and trademarks are all the property of either The Company or the orginiator a work.  This copyright is non transferrable

8. Transfer of Agreement

Client may not assign or transfer this Agreement, in whole or in part without the prior written consent of Company.  In the event that Client contemplates whole or partial sale of it's business, ownership change, or change in jurisdiction, Client shall notify Company by mail, facsimile or email no less than 60 days prior to the effective date of the event.

9. Termination

Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.

10. Disputes

If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.

11. Indemnification

Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable legal fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.

12. General

If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom of Great Britain. Exclusive jurisdiction and venue shall be in the British Superior Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.

13. Technical Limits

It is the responsibility of the Client to specifiy the level of hosting service required when submitting an order. The Company will present the options for levels of hosting service available to The Client in the Quotation. Depending on the level of hosting service selected, The Client will be subject to the appropriate Maximum Hosting Limits as outlined in the Quotation, which may include the Maximum Data Transfer per Payment Period and maximum storage. The Client will also be subject to the Absolute Hosting Limits. In the event that the Client, during the Term, exceeds its allocated hosting limits, The Company will be entitled to do the following:

• Where the Client is exceeding any one of the Maximum Hosting Limits, The Company shall inform the Client of this and request that the Client rectify the situation by either complying with the Limits or by requesting an Upgrade. In the event that the Client fails to request an Upgrade and continues to exceed any one of the limits, after a reasonable period of time has elapsed, The Company may automatically apply an Upgrade to the Client's Services. Once an Upgrade has been effected the Client will be liable to pay any additional Fees to The Company as applicable.

• Where the Client is exceeding any one of the Absolute Hosting Limits, The Company shall be entitled to suspend the Services with immediate effect. Such suspension will be notified to the Client. Following such suspension, the Client shall contact The Company to advise whether it wishes to request an Upgrade or remedy the situation by complying with the Absolute Hosting Limits. During any such period of suspension and for the remainder of the Term, the Client will be liable to pay to The Company all Fees due.

14.  Responsability for Content

You, as The Client of The Company, are solely responsible for the content stored on and served by your website and associated email.

16.  Refunds and cancellations

The Company hosting accounts are provided for a 12 month term.  The Company hosting accounts are non-refundable however The Company hosting accounts can be terminated with 4 weeks written notice.  At the end of your 12 month term you may renew your contract for another 12 months.

Domains are registered for a one or two year period depending on the domain authorities minimum duration. Domain name registration cannot be cancelled, but if you want to transfer your domain to another domain name hosting company this will be by providing 4 weeks written notice and paying for any remaining time on the domain.  Domain name transfer will also incurr a fee of £10 per domain name.

Email accounts are provided for a 12 month term and are non-refundable.  Email accounts can be terminated with 4 weeks written notice.  At the end of your 12 month term you may renew your contract for another 12 months.