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Internet Terms and Conditions of Business
1.0 Introduction
2.0 Hosting and Email Service
3.0 Website Development Services
4.0 Invoicing Policy
5.0 Domain Name Registration
6.0 Search Engine Registration
7.0 Distance Selling Regulations
8.0 Privacy Policy and use of client's
email addresses
9.0 Third Party Software
10.0 Indemnification
1.0
INTRODUCTION - View Internet provides website design, development
and management, domain name registration, email management and World
Wide Web page hosting. View Internet reserves the right to suspend
or cancel a customer's access to any or all services provided by
View Internet or their partners when View Internet decides that
the account has been inappropriately used or that these Terms and
Conditions have been broken in whole or part.
2.0
HOSTING AND EMAIL SERVICE - For the client's convenience, View Internet will offer the use of its third party hosting service provided
in partnership with Fasthosts Internet Ltd to host the client's
website and provide email and other services. Although View Internet
are happy to recommend this service, no guarantee is offered in
respect of reliability or suitability.
Where View Internet consider that the services offered by our
hosting partners do not meet the requirements of the client or that
an increased level of technical support is necessary, View Internet
will endeavour to find a suitable service to host the client's website
and provide email services. In this case, the client will deal directly
with the hosting service in respect of service, technical support
and hosting costs.
2.1 SERVER USE - Personal accounts are to be used by the primary
owner only. Personal account holders are not permitted to resell,
store or give away the web-hosting services of their website to
other parties. Web hosting services are defined as allowing a separate,
third party to host content on the owner's website. Exceptions to
this include ad banners, classified ads, personal ads and links.
View Internet reserves the right to refuse service and /or access
to its servers to anyone.
View Internet DOES NOT ALLOW ANY OF THE FOLLOWING CONTENT TO BE
STORED ON ITS SERVERS:
2.2 ILLEGAL MATERIAL - This includes copyrighted works, commercial
audio, video, or music files, and any material in violation of any
United Kingdom or International law or Federal, State or local regulation.
2.3 ADULT MATERIAL - Includes all pornography, erotic images, or
otherwise lewd or obscene content. The designation of "adult
material" is left entirely to the discretion of View Internet.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking,
password cracking. IP spoofing, etc., and encrypting of any of the
above. Also includes any sites which provide "links to"
or "how to" information about such material.
2.4 UNLIMITED USE POLICY - In rare cases, View Internet may find
a customer to be using server resources to such an extent that he
or she may jeopardize server performance and resources for other
customers by having high bandwidth usage. In such instances, View Internet reserves the right to impose the High Resource User Policy
(see 2.5 below) for the consideration of all customers.
2.5 HIGH RESOURCE USER POLICY - Resources are defined as server
space, bandwidth and/or processor utilisation. View Internet may
implement the following policy at its sole discretion: When a website
is found to be monopolising the resources available View Internet
reserves the right to suspend that site immediately in order to
communicate with the client. A High User Charge may also be levied
against the client. This policy is only implemented in extreme circumstances
and is intended to prevent the misuse of servers or the reduction
of service to other clients.
2.6 TECHNICAL SUPPORT - Unless otherwise arranged, the website hosting
and email services are provided by a third party (Fasthosts) in
partnership with View Internet. View Internet has no influence
in relation to the hardware, software and technical support offered
by the third party and is not responsible for technical deficiencies
or breaks in service when they occur. Should technical support be
required by a client, an email should be sent to View Internet
and the matter will be dealt with via the third party.
3.0
WEBSITE DEVELOPMENT PROJECTS - View Internet will provide a written
quote based on the discussions held with the client. The quote provided
will include full details of the services offered and is valid so
long as the client remains within the specification of the development.
Changes to specification by the client will result in a further
quote being offered.
3.1
WEBSITE DEVELOPMENT SERVICES - During website development, progress
can be tracked by the client using a specific domain address provided
by View Internet. Key milestones are based upon View Internet
and the client both completing their agreed obligations within the
agreed timescales.
3.2 COMMENCEMENT OF WEBSITE DEVELOPMENT - In order to commence the
development of a website, View Internet requires confirmation
in writing (email is permitted) that the provided quote is acceptable
to the client and that development should commence.
3.3
ACCEPTANCE OF A QUOTE - Once acceptance of a quotataion has been
received by View Internet by way of signed hard copy or by way
of email from a person accepting responsibility for the project
then an agreement has been reached between the two parties to carry
out the work stipulated in the quotation. In the event of a client
cancelling the project after this stage then fees will be due for
any work carried out to that stage. This will be priced at our current
hourly rate. If the grey site stage has been reached prior to cancellation
of the project then at least 60% of the project costs will be due.
4.0
INVOICING POLICY - (website development and website updates) Payments
for website development services must be paid within agreed criteria.
Cleared
payment of a deposit of 25% of the agreed quote is required before
a project is commenced.
When
the design stage has been completed, then not less than 25% of the
agreed cost amount will be invoiced.
When
the grey site has been completed and is available for view on the
Internet, View Internet will issue an invoice for not less than
25% of the agreed cost amount.
Once
the development has been fully completed, a final invoice for completion
and hosting will be issued and must be settled with cleared funds
before a completed site will be uploaded to and therefore available
on the Internet.
In
the event that invoices issued at any stage are not settled promptly,
the continued development of the website will, at the discretion
of View Internet, be suspended until cleared payment has been received.
Where
the provision of site content is the responsibility of the client
and a delay in excess of three weeks is experienced, View Internet
reserve the right to charge the full invoice amount prior to the
development work continuing.
Website
updates should be paid for on receipt of an invoice. If a client
does not settle an invoice or invoices promptly, View Internet
reserve the right to withdraw the website from the Internet and
place any holding page in its place containing any information it
deems suitable and reserves the right to maintain this situation
until the full monies have been received. In addition any domains
held on the UKREG account of View Internet will not be transferred
from that account unless all invoices have been settled.
4.1 PAYMENT POLICIES (Hosting) - All accounts are set up on an annual
prepay basis. Although View Internet reserves the right to change
prices of accounts or services at any time, all pricing is guaranteed
for the period of prepayment. Payment is due each anniversary year
on the date the account was established (i.e. the website was released
for full World Wide Web exposure).
Customers
will automatically be invoiced 30 days prior to the end of their
annual prepay period unless closure notification has already been
received. In situations where a payment due is not received prior
to the start of a pay period, View Internet reserve the right
to immediately suspend all on-line services, including email until
the outstanding charge is processed successfully. The customer is
responsible for all money owed on the account from the time it was
established to the time that the customer sends a written cancellation
request. All payment is in UK sterling.
4.2 PAYMENT OPTIONS - In order to streamline our accounting procedures
and keep costs down View Internet runs a limited number of payment
options as follows: -
4.3 CHEQUE PAYMENT (Hosting/Email) - This option is only available
to customers who pay annually for their View Internet account.
View Internet cannot guarantee that a service will be provided
until after any received cheques have been cleared.
4.4 PAYMENT FOR WEBSITE DEVELOPMENT SERVICES - Payment by cheque,
Bank Transfer or Paypal is welcomed.
4.5 CANCELLATION AND REFUNDS - View Internet reserves the right
to cancel the service at any time when View Internet decides that
the account has been inappropriately used or that these Terms and
Conditions have been broken in whole or part. If a customer contravenes
View Internet's terms and conditions a refund will not be issued
in the event of a cancellation. Any incentives offered to customers
when opening the account will also be cancelled. Customers may be
given the option to purchase services, which were offered as start-up
incentives in the result of a cancellation.
Customers may cancel their account at any time giving 30 days notice.
4.6 SITE OWNERSHIP - View Internet retain ownership of all provided
services including website development, programming and website
design until all outstanding invoices have been settled with cleared
funds. After this the rights of ownership pass entirely to the client.
5.0
DOMAIN NAME REGISTRATION - We will register World Wide Web Domain
names with the appropriate authorities at the request of the client
or on completion of an on-line booking form available on our website.
Unless instructed, we will commence hosting procedures using our
own hosting service. Once cleared payment has been received, the
Domain name becomes the property of the client for the published
registration period. Renewal of the domain name registration is
the responsibility of the client. Domain name certificates where
applicable, will be forwarded to the client upon receipt. Please
see the section relating to the Distance Selling Regulations at
7.0 below.
5.1
Should the client not require web design or hosting services, View
Internet will agree to park the domain name free of charge for a
period not exceeding 6 months after which normal hosting charges
will come into effect in line with published prices. No bills or
invoices for domain name purchased via our website at www.viewinternet.co.uk
will be sent by regular mail unless payment has not been received
following the issue of an invoice by email. All invoices will be
sent directly to customers via email shortly after the online purchase
has been made.
In the event that the client requests that the domain name(s) be
transferred to another service, our refund and cancellation policy
will become effective. We will not agree to any transfer if there
are any unpaid invoices outstanding.
6.0
SEARCH ENGINE REGISTRATION - View Internet undertake to submit
the website to the free search engines on one occasion without charge
so long as a description and keywords have been provided by the
client. Further submissions may be carried out in accordance with
our Search Engine Submission service upon payment by the client
at our published prices. View Internet do not have any influence
over placings within search engines nor is any implied. View Internet
take no responsibility for the failure of any search made via an
Internet search engine to display the client's website. Search engine
submissions over and above our free and paid services will be carried
out at the client's request charged at the normal published hourly
rate.
6.1
TRAFFIC DRIVER - View Internet act as resellers for the Traffic
Driver Product. View Internet cannot guarantee the results of
the Traffic Driver product and complaints should be directed to
Fasthosts Internet.
7.0
DISTANCE SELLING REGULATIONS - If you have instructed us to carry
out sales or service by telephone or email we will not be able to
commence immediately unless you agree for us to do so. Agreement
can be by email or by pressing any "Submit" or "Order"
button when placing an order for service. In doing so, you will
be forfeiting your rights to cancel any agreement and to any cooling
off period otherwise allowed (normally 7 days). If you do not wish
to waive these rights, then we will not be able to commence any
work whatsoever until the expiry of the relevant cooling off period
even if this means delaying the transaction.
These regulations also provide for the contract to be completed
within 30 days. By instructing us to carry out any transaction you
are agreeing that this time limit is excluded from our agreement
and you are acknowledging that our services may take longer to complete.
The official text of the Regulations is available on the HMSO website.
8.0
PRIVACY POLICY AND USE OF CLIENTS EMAIL ADDRESSES - View Internet
do not pass details of clients or their email addresses to 3rd parties
without their express permission. View Internet reserve the right
to use clients email for updating them in relation to new and existing
services by way of email or email newsletters, announcements and
bulletins unless the client declines to receive them.
View
Internet also reserve the right to place a hyperlink to http://www.viewinternet.co.uk
at the foot of any website page designed by or on behalf of View
Internet at their discretion and to place details including a link
to a client's website on the View Internet website gallery.
9.0
THIRD PARTY SOFTWARE - View Internet may, from time to time recommend
the use of third party software to enhance a client's website. This
may for example include software for e-commerce or to allow clients
to update their own website with text and graphics.
View Internet offer no warranty in respect of third party software
and are not responsible for its operation, maintenance or updating
after installation. View Internet cannot be held responsible for
any problems where clients carry out their own in-house site updating.
Rectifying any problems caused by clients updating their own website
will be charged at our published prices.
10.0
INDEMNIFICATION - The customer agrees that they shall defend, indemnify,
save and hold View Internet harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable solicitor's fees
asserted against View Internet, its agents, its customers, officers
and employees, that may arise or result from any service provided
or performed or agreed to be performed or any product sold by customer,
its agents, employees or assigns. The customer agrees to defend,
indemnify and hold harmless View Internet against liabilities arising
out of;
(a) any injury to person or property caused by any products sold
or otherwise distributed in connection with servers;
(b) any material supplied by a customer infringing or allegedly
infringing on the proprietary rights of a third party;
(c) copyright infringement and
(d) any defective products sold to a customer from View Internet.
10.1 DISCLAIMER - View Internet will not be responsible for any
damages your business may suffer. View Internet makes no warranties
of any kind, expressed or implied for services we provide, or the
services of our third part hosts (Fasthosts). View Internet disclaims
any warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by
View Internet and its employees.
View Internet reserves the right to revise its policies at any time
without notice.
Last revised August 2010
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