Domain and Web Hosting Terms and Conditions

FK Designs
22 Poppyfields
Gillingham
Dorset
SP84TH

You indicate acceptance of these terms and conditions of service by placing an order with FK Designs. These terms and conditions will not be varied for individual customers.

1    DEFINITIONS

1.1    In this Agreement the following words and expressions shall have the following meanings:

1.1.1    “downtime” 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    “IP address” stands for internet protocol address which is the numeric address for the server;

1.1.4    “ISP” stands for internet service provider;

1.1.5    “server” means the computer server equipment operated by FK Designs in connection with the provision of the Services;

1.1.6    “the Services” means web hosting, domain name registration, email and any other services or facilities provided by FK Designs.

1.1.7    “spam” means sending unsolicited and/or bulk emails;

1.1.8    “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”;

1.1.9    “visitor” means a third party who has accessed the Website;

1.2    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.

2    INTRODUCTION

2.1    The Customer wishes to provide FK Designs with data that will be hosted on FK Designs servers and made accessible via the Internet.

2.2    FK Designs provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.

3    CHARGES AND PAYMENT

3.1    Payment methods include standing orders drawn on a UK bank, B.A.C.S or, for established FK Design clients with a cheque payment.

3.2    FK Designs shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.

3.3    Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.

3.4   All services will renew until cancelled by the customer. FK Designs 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 30 days 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    DUTIES

4.1    FK Designs shall provide to the Customer the Services specified in their order subject to the following terms and conditions.

4.2    The Customer shall deliver to FK Designs the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or FK Designs (“the Customer Software”), in a format specified by FK Designs.

 

5    IP ADDRESSES

5.1    FK Designs 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 FK Designs 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    FK Designs 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, FK Designs 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    FK Designs 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, FK Designs makes no warranties or representations that the Service will be uninterrupted or error-free and FK Desings shall not, in any event, be liable for interruptions of Service or downtime of the server.

7.2    For websites hosted by FK Designs, FK Designs will make and retain a backup of all Content including all website files and databases. The back ups are made monthly, however only one months back will be stored on the server.  Upon Customer request, a copy of these backups can be made available or copied to a specified location. Even though every effort is made to ensure data is backed up correctly, FK Designs accepts no responsibility for data loss or corruption. Under the enhanced CMS hosting plan, FK Designs will also endeavour to apply on a timely basis (and as applicable) all core WordPress security patches and updates, as well as updates to any third-party components and plugins where requested by the Customer.

8    EXCLUSIONS FROM HOSTINGPLAN

8.1    Downtime caused by any of the events noted below will be excluded from the Hosted Service availability calculations (“Excused Outages”):

8.1.1    Customer environment issues affecting connectivity or interfering with the Hosted Services, including without limitation, Customer’s connection to the Internet (i.e., problems with the Customer’s Internet Service Provider, modem, cable, xDSL or dial-up connection or other Customer Internet connectivity issues) or any other Customer software or equipment, Customer’s firewall software, hardware or security settings, Customer’s configuration of anti-virus software or anti-spyware or malware software, or operator error of Customer;
8.1.2     third party attacks, including without limitation, hacks, intrusions, distributed denial-of-service attacks or any other third party actions intended to cause harm to or disrupt the Hosted Services, the FK Designs Website or FK Designs’ or its partners’ servers;
8.1.3    verified bugs of any third party software used in conjunction with the Hosted Services (including Microsoft software);
8.1.4    force majeure events, including, without limitation fire, flood, earthquake, elements of nature or acts of God; third party labour disruptions, acts of war, terrorism, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action; or any other similar cause beyond the reasonable control of Hosting UK;
8.1.5    issues related to third party domain name system (DNS) errors or failures;
8.1.6    scheduled maintenance of the Hosted Services, conducted on a regular basis.
8.1.7    emergency maintenance of the Hosted Services, not to exceed 4 hours in any month, for which Customer may not receive advanced notice.

 

9    ACCEPTABLE USE POLICY

9.1    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:

9.1.1    use the Services or the website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services;

9.1.2    send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;

9.1.3    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;

9.1.4    threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;

9.1.5    engage in illegal or unlawful activities through the Services or via the Website;

9.1.6    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

9.1.7    obtain or attempt to obtain access, through whatever means, to areas of FK Designs’ network or the Services which are identified as restricted or confidential.

9.1.8    operate or attempt to operate IRC bots or other permanent server processes.

9.2    The Customer has full responsibility for the content of the Website. For the avoidance of doubt, FK Designs is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

9.3    If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 FK Designs shall be entitled to withdraw the Services and terminate the Customer’s account without notice.

10    ALTERATIONS AND UPDATES

All alterations and updates to the website shall be made by the Customer using the online account management facility, where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform FK Designs and the password will be changed.

11    WARRANTIES

11.1    The Customer warrants and represents to FK Designs that FK Designs 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.

11.2    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, FK Designs shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

12    INDEMNITY

The Customer agrees to indemnify and hold FK Designs and its employees from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against FK Designs 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.

13    LIMITATION OF LIABILITY

13.1    Nothing in these terms and conditions shall exclude or limit FK Designs liability for death or personal injury resulting from FK Designs negligence or that of its employees, agents or sub-contractors.

13.2    The entire liability of FK Designs 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

13.3    In no event shall FK Designs 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 FK Designs had been made aware of the possibility of the Customer incurring such a loss.

13.4 You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).

14    TERM AND TERMINATION

14.1    This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing with 30 days’ notice of its intention to terminate the Agreement.

14.2    FK Designs 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.

14.3    Either party may terminate this Agreement forthwith by notice in writing to the other if:

14.3.1    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

14.3.2    the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or

14.3.3    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

14.3.4    the other party ceases to carry on its business or substantially the whole of its business; or

14.3.5    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.

14.4    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.

14.5    On termination all data held in the customer’s account will be deleted.

15    ASSIGNMENT

15.1    FK Designs may assign or otherwise transfer this Agreement at any time.

15.2    The Customer may not assign or otherwise transfer this Agreement or any part of it without FK Designs’ prior written consent.

16    FORCE MAJEURE

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 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.

17    SEVERANCE

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.

18    NOTICES

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 two days following the date of posting.

19    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.

20    DOMAIN NAME REGISTRATION

20.1.1    FK Designs will endeavour to procure the registration of the domain name you request

20.1.2    FK Designs will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.

20.1.3    FK Designs shall not act as your agent or on your behalf in any dealings with domain name registry.

20.1.4    FK Designs registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider.

20.1.5    you are responsible for ensuring that you are aware of the terms so that you can comply with them.

20.1.6    FK Designs shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.

20.1.7    you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.

20.1.8    Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it FK Designs will provide a full refund for that domain name, this will be the full limit of our liability.

20.2    You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.

20.3    Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.

20.4    You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.

20.5    The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.

20.6    You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.

21    SCRIPTING

FK Designs is not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP, Python, Miva and ASP are installed and functioning on the web hosting system.

22    PRIVACY

To protect your privacy we will not distribute your details to third parties, unless required to do so by law.

23    BANDWIDTH

23.1   Web hosting accounts include unlimited bandwidth, subject to the following fair usage provisiom: accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum bandwidth of 25 GB per month for file distribution.

23.2   Web hosting accounts are prohibited from hosting hardcore pornographic material, hosting graphics or scripts for other websites, storing pages, files or data as a repository for other websites or as a backup, giving away web space under a domain, sub domain or directory.

24    SERVER USAGE

24.1    Should your web hosting 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.

24.2    FK Designs does not allow proxy sites of any nature to be hosted on its network.

25    WEBSPACE USAGE

Unlimited web space offered on web hosting packages is available for genuine web site content, 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.