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Business Terms
Service Agreement for Saffas Web services.
The following constitute our terms of business and form a Service Agreement between the Client and POLDINGS Limited (trading as Saffas Web).
This agreement applies to all web hosting plans, reseller hosting plans, domain name registration, design and any paid services provided by Saffas Web of, Charwell House, Wilsom Road, Alton, Hampshire, GU34 2PP, United Kingdom.
The relationship entered into between POLDINGS and the Client is governed by these terms, known as the Agreement.
This Agreement is governed by English law and we reserve the right to alter it at any time and without notice.
| 1 - Our Service |
We shall use our reasonable endeavours to make available to you at all times the server and all services but we shall not, in any event, be liable for interruptions of service or down-time.
From time to time we, our suppliers or subcontractors may need to carry out maintenance or other operations that will affect the availability of the services to you.
Whenever possible we shall give you as much notice as we possibly can of planned maintenance. However, we may not be able to give due notice in the event of emergencies or urgent work.
We monitor the performance of our servers, and endeavour to deal with reductions in operating performance within a reasonable time. However, you acknowledge that an occasional reduction in operating performance of the Services is a natural part of the service. This is outside of our control and accordingly we are not liable for any such reductions. |
| 2 - Domain Registration |
We make no representation that the domain name you wish to register is capable of being registered or that it will be registered in your name. You should therefore not assume registration of your requested domain until you have been notified that it has been registered. Any action taken by you before such notification is at your own risk.
Payment for domain registration needs to be made in advance of any registration and is wholly non-refundable under any circumstance.
Only when a domain has been paid in full does the Client take ownership of the domain. Any domain that has payment outstanding or falls into the expiry period will have its ownership revert to Saffas Web.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registrar; you shall ensure that you are aware of those terms and conditions and that you comply with them.
By registering a UK domain you enter into a contract of registration with Nominet UK under the terms published at http://www.nominet.org.uk. You shall have no right to bring any claim against Saffas Web in respect of any refusal to register a domain name by the relevant registration authority.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such a dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registrar but will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment due to Saffas Web for the domain or relevant hosting fees have been received. Domain transfer away from Saffas Web is free of charge. Domains can not be transferred away within 60 days of the registration date or within 30 days of the renewal date. |
| 3 - Web Hosting |
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the servers and we shall have no liability for any loss or damage to any data stored on the servers. The Client represents, undertakes and warrants to use any web space only for lawful purposes and that ...
- The Client will not use the server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
- The Client will not upload, post, link to or transmit: any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or objectionable in any way.
- The Client will not upload, post, link to or transmit: any material containing a virus or other hostile computer program.
- The Client will not upload, post, link to or transmit: any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
- The Client will not upload, post, link to or transmit: any material which is forbidden by our acceptable use policy which is published on our site http://www.saffas-web.co.uk.
- The Client will not send bulk email whether opt-in or otherwise from our network, nor promote a site hosted on our network using bulk email.
- The Client will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
- Clients on our Unlimited Hosting Plans are not permitted to allow excessive 'hotlinking' to their site content. The nature of 'excessive' is based on the level of bandwidth used by third-party sites and is determined by Saffas Web.
We reserve the right to remove any material from your webspace on our server that we deem inappropriate, without prior notice to you.
The Client shall keep secure any identification, password and other confidential information relating to the account and shall notify us immediately of any known or suspected unauthorised use of the account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other information.
While we use every reasonable endeavour to ensure the integrity and security of the server, we do not guarantee that it will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email. |
| 4 - Reseller Hosting |
Where a reseller account is being used to sell web hosting to third-parties, the reseller shall ensure that a copy of this Agreement and our Acceptable Use Policy (or a relevant interpretation of each) are posted to their own website and provided to their own clients.
It's the responsibility of the reseller to ensure all web host users on the Saffas servers are familiar with the conditions of use and that they abide by them at all times.
In the event of misuse by a reseller or a reseller's client, we reserve the right to suspend and/or remove the end user web hosting account or the reseller account.
Resellers are responsible for managing their own third-party Client accounts and for providing direct support for all issues themselves. Reseller's end user clients are not permitted to contact Saffas Web for support issues.
Resellers agree to fully indemnify and keep Saffas Web fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by us and arising from ...
- the use or misuse of the Services and/or the Package Resources by your Customers
- any claim brought against us by any third party alleging that its Intellectual Property Rights are infringed by the Customer's use of the Services.
Reseller plans are positioned on fully managed, shared UK servers. Saffas Web provide full management of all aspects of the server to ensure continuation of service and up to date use of software. Resources are allocated proportionately between resellers with usage and server performance managed at all times |
| 5 - Design & Other Paid Services |
Where any design or paid service (not covered by this Agreement) is provided by Saffas, any special terms of the agreement will be set out at the time of negotiation. |
| 6 - Payment |
All charges payable for the services shall be in accordance with the scale of charges and rates published on our web site, errors and omissions excepted, and shall be due and payable in advance of provision of the services.
We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment. All payments must be in UK Pounds Sterling.
If paying by cheque and your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £10.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled but not obliged, to suspend the provision of services forthwith.
POLDINGS Limited are subject to VAT which is applicable to all pricing. |
| 7 - Termination & Refunds |
We shall be entitled to suspend the services and/or terminate any Agreement without notice if you ...
- fail to pay any sums when they fall due
- break any of these terms and conditions
- are a company and go into liquidation, or suffer the appointment of an administrator or administrative receiver, or enter into a voluntary arrangement with your creditors
The Client may cancel the services at any time. To do so you must request cancellation of the services in writing (email or post) including your account username and password. We will cancel the services within 2 working days.
During the first 14 days of services, you are entitled to a full refund of the hosting fee should you decide to cancel the services. Regardless of your contract or payment term, no refund of any kind will be made after the first 14 days of service should you decide to cancel.
If you cancel within the first 14 days but your account has been found to have broken any part of this Agreement, you will not be entitled to a refund.
Domain name registration fees, SSL fees and any third-party fees incurred during account set-up, are not refundable under any circumstances.
You will not be entitled to the 14 day refund period for a new account if you have previously held an account with Saffas Web.
Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
On termination of any Agreement or suspension of the services, we shall be entitled immediately to stop access to your web space and remove all data located there. |
| 8 - Limitations to Liability |
In no event shall we be liable to the Client for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss. This applies to all eventualities, including any downtime or any loss of data. |
| 9 - Intellectual Property Rights |
We, or our licensors, own all Intellectual Property Rights (IPR) regarding all aspects of our service and Software. As a Client, you have no claim over the IPR of the service or software provided through the Saffas Web service. |
| 10 - Software |
Where we license software owned by third parties to you, you agree that you shall comply with any license terms of such third parties. |
| 11 - Exceeding Allocation |
For Clients with a Windows or Standard Hosting Plan, if you exceed your allocation of webspace or bandwidth, we reserve the right to upgrade you to an appropriate plan level that will accommodate your new usage levels.
For Clients with an Advanced Hosting Plan, when you reach 80% of allocation for bandwidth or webspace, we will send you an email alert to let you know. You can then decide whether to upgrade your account. If you reach 100% of allocation for bandwidth or webspace, we will send you another email alert however, at this point your account will be suspended until you make the appropriate upgrade or until the bandwidth allocation has been reset at the beginning of the next month.
For Clients using our Reseller Hosting service, you are limited by the plan allocation amount which you cannot exceed. You will be alerted by the system that your available resources are limited, at which time simply notify us that you wish to upgrade and we will make the necessary adjustments to your account. |
| 12 - Notices |
Any notice to be given by either party to the other may be sent by email or recorded delivery to the address of the other party.
General announcements from Saffas Web will be posted to the website. Any key announcements will be sent by email to the person named in the Billing Centre. |
| 13 - Renewals |
Annual accounts fall due at the end of the account term (12 months). The Client will receive an invoice email notification up to one month prior to the due date, advising that the domain or hosting is due for renewal. The notification will highlight the account, the renewal date and the amount due. The account will not be renewed unless the Client confirms the renewal and monies are received by the due date.
Monthly accounts fall due on the same day of the following month. The Client will receive an invoice email notification advising that the domain or hosting is due for renewal. The notification will highlight the account, the renewal date and the amount due. The account will automatically be renewed unless the Client has prior confirmed a cancellation of the service in writing. This cancellation of service needs to be in writing (email or recorded mail) and must be received before the renewal date.
Domains for renewal must be paid for by the due date. If a domain is not paid by the due date, we will be unable to guarantee renewal or the cost of renewal.
Any overdue account will receive a reminder email on the renewal date. The Client will then have 72 hours to make payment before the account is suspended. After suspension, if payment is not made within a further 72 hours, we reserve the right to remove the account and/or domain from the server without further notification.
Renewal terms apply to all forms of acceptable payment. |
| 14 - Entire Agreement |
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. |
Version 1.8
If you have any questions regarding this Agreement, please phone 0844-8849100.
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