Web Hosting T&C

Terms of Use

Where the context admits: "We" includes indizine or any party acting on indizine's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

Web Site Hosting and Email

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.

You 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.

You will not post, link to or transmit:

  •     any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
  •     any material containing a virus or other hostile computer program.
  •     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.


You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.

You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.

We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content.

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

Any access to other networks connected to indizine must comply with the rules appropriate for those other networks.

You must not sell, resell, give or transfer your account in part or full to any other party.

While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server 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.

It is your responsibility to configure and maintain third party mail clients.


Service Availability

We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server. We aim for 99% uptime and regularly achieve in most weeks of any one hosting year, 100% uptime. No refund is given in full or part for any server downtime.

In the event of a query on your account or issues with your hosting service or account, you must email This email address is being protected from spambots. You need JavaScript enabled to view it. providing full details of the query. We reserve the right to only respond to accounts which have been paid for in full in advance of the service provision, and those which are live and have not been terminated due to breach of contract, or where the client directs abuse towards indizine staff.

We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.

The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been sold, given or transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.


Payment

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, or as quoted to you in writing by email from us to you, and subsequently as invoiced by us to you, and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.

Payment is due each anniversary year following the date the Services were established.

You are not required to give any notice should you not wish to renew the annual Service however, you should ensure you have back up or copied the data held on our hosting Server prior to the final day of your annual Service ending, to avoid loss of data, as we will suspend and then terminate any Services and accounts where renewal invoices have not been paid for by the renewal due date.

All payments must be in UK Pounds Sterling.

All payments must be made by Bank Transfer only. PayPal and debit or credit card payments are not accepted. Cheques will only be accepted with our prior agreement and you should allow 7 days for the cheque to clear to avoid the account going being suspended. Returned cheques will result in a £35.00 fee being applied to your account.

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 forthwith to suspend the provision of Services to you.

If an account goes unpaid for at least seven days, a late payment fee of £20.00 will be applied.

If an account goes unpaid for at least 7 days following the expry date, the account and its associated services are suspended.

Once an account has a suspended status, Access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself is permanently deleted after ten days of account suspension.

Should access to files, databases and other content be required before they are deleted, account reactivation will be required.

A re-activation fee of £20.00 may be applied to suspended accounts and this must be paid along with the outstanding invoice amount, prior to activation.

If an account remains unpaid after 14 days, the account will become liable for termination at any time thereafter. Upon termination all files, databases, email and other stored content will be immediately removed from our servers along with associated backups.

Should your account be deleted in full and we are able to restore it using a backup of your website, a restore fee of £55.00 will apply however, we do not guarantee your account can be restored once deleted and you will not be charged if we cannot restore your account. You must provide the backup copy of your website files and database.


Termination

If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.

No refunds will be made for Services suspended.

No refunds will be made for Services terminated.

No refunds will be made for unused pre paid Services.

We reserve the right to suspend the Services and/or terminate this Agreement at any time.

You may cancel the Services at any time.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

Back Up and Restore Services

It is your responsibility to back up the data stored on our Server on the hosting Server account we have provided to you.

You should ensure you store a copy of your hosted data outside of our hosting Server as we are not responsible for ensuring that we can provide or restore a backup of your data to our Server.

The back up service available on our Server, when available, is subject to availability and should therefore not be wholly relied upon to restore your hosted data. The cPanel backup feature may be withdrawn from our Services at any time.

Other Services

From time to time, features within our Services may be added, changed, suspended or withdrawn without Notice to you.

Indemnity

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.


Limitation of Liability

All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.

In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.


Revisions

indizine reserves the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner.


Notices

Any notice to be given by either party to the other may be sent by either email or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms 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 recorded delivery shall be deemed to be served two days following the date of posting.


Law

This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

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 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.

We reserve the right to vary these terms and conditions at any time without notice to you.

 
 


Problems with your website or website designer?

 

To date we have a 100% success rate of successfully dealing with problem websites - things that are broken and not working properly on your website such as links, or has not ever worked such as an email contact form.

We also have the same 100% success rate of obtaining the login details and website files from previous web designers who have made it difficult for clients to have absolute ownership, control and access of their website.

Perhaps your web designer doesn't answer your calls or emails, or is slow to respond or implement things you have asked to be done on your website. You feel as if you are stuck with them and paying their hosting fees, which are often higher than elsewhere (definitely more than we would charge you!) and you feel locked in to them.

There is a way out, and on your behalf, we deal with getting your website into your control using professional tact and diplomacy at all times. We deal with them for you - all we need is your permission.

Our clients stay with indizine because they want to, and not because they have to.