Debayne Web Design: Terms and Conditions

You indicate acceptance of these terms and conditions of service by placing an order with Debayne Web Design. Alternatively, payment of an advance fee is an acceptance of our terms and conditions. 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 "Debayne Web Design" means Debayne Web Design or Debayne Web Hosting
1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by Debayne Web Design in connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email and any other services or facilities provided by Debayne Web Design.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "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";
1.1.10 "visitor" means a third party who has accessed the Website;

1.2 Product specifications and details may be found at http://www.debaynewebhosting.co.uk.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 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 Debayne Web Design with data that will be hosted on Debayne Web Design's servers and made accessible via the Internet.
2.2 Debayne Web Design provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.

3 DUTIES

3.1 Debayne Web Design shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to Debayne Web Design the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Debayne Web Design ("the Customer Software), in a format specified by Debayne Web Design.

4 CHARGES, PAYMENT AND MONEY-BACK GUARANTEE

4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro), standing order, cheque, bank transfer and cash
4.2 Debayne Web Design do not accept postal orders or any other form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
4.4 Debayne Web Design 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.
4.5 Debayne Web Design do not provide credit facilities.
4.6 From time to time Debayne Web Design may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 Debayne Web Design provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket at http://www.debaynewebhosting.co.uk within 30 days of placing your order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
4.9 Should your chosen payment method fail Debayne Web Design will attempt to settle your invoice using any other payment facilities available on your account.
4.10 All services will renew until cancelled by the customer. Debayne Web Design emails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours 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.

5 IP ADDRESSES

5.1 Debayne Web Design 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 Debayne Web Design 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 If the Customer requires use of software owned by or licensed to Debayne Web Design ("Debayne Web Design's software") in order to use the Services, Debayne Web Design grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Debayne Web Design Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Debayne Web Design Software.
6.2 In relation to Debayne Web Design's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Debayne Web Design a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Debayne Web Design any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Debayne Web Design Software.
6.4 Debayne Web Design 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, Debayne Web Design 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 Debayne Web Design 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, Debayne Web Design makes no warranties or representations that the Service will be uninterrupted or error-free and Debayne Web Design shall not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 Debayne Web Design carries out data backups for use by Debayne Web Design in the event of systems failure. Debayne Web Design do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Debayne Web Design accepts no responsibility for data loss or corruption.

8 ACCEPTABLE USE POLICY

8.1 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:

8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 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;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 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
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Debayne Web Design's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.

8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Debayne Web Design is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Debayne Web Design shall be entitled to withdraw the Services and terminate the Customer's account without notice.

9 ALTERATIONS AND UPDATES

All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access 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 Debayne Web Design and the password will be changed.

10 WARRANTIES

10.1 The Customer warrants and represents to Debayne Web Design that Debayne Web Design's 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 and the Customer Software to Debayne Web Design as set out in Clause 6.2.
10.2 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, Debayne Web Design shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

11 INDEMNITY

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

12 LIMITATION OF LIABILITY

12.1 Nothing in these terms and conditions shall exclude or limit Debayne Web Design's liability for death or personal injury resulting from Debayne Web Design's negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of Debayne Web Design 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.
12.3 In no event shall Debayne Web Design 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 Debayne Web Design had been made aware of the possibility of the Customer incurring such a loss.

13 TERM AND TERMINATION

13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.2 Debayne Web Design 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.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:

13.3.1 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
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 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
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 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.

13.4 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.
13.5 On termination all data held in the customers account will be deleted.

14 ASSIGNMENT

14.1 Debayne Web Design may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Debayne Web Design's prior written consent.

15 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 God, 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.

16 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.

17 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 2 days following the date of posting.

18 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.

19 GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

20 DOMAIN NAME REGISTRATION

20.1 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 Debayne Web Design will provide a full refund for that domain name.
20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.

21 SCRIPTING

Debayne Web Design are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP 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 DATA TRANSFER

23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.

24 SERVER USAGE

Should your 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.

25 AFFILIATE PROGRAMME

Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.

26 EMAIL NEWSLETTER

Debayne Web Design communicates with it's customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.

27 WEBSPACE USAGE

Unlimited web space 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 house keeping when maintaining their account.

28 MAIL BOXES

Mail boxes not accessed for 100 days or more will be deleted from the system.

29 WEB DESIGN

29.1 Quotations - Unless otherwise agreed any quotation provided will be valid for 30 days from the date of receipt. Debayne Web Design reserves the right to alter a quotation after expiry of the 30 days. Should the client decide that changes are required after work on the website, including initial design work, has commenced, an additional fee may be payable.
29.2 Advanced payments - Unless otherwise agreed, all website services require an advance payment of 50% before work will commence. The remaining 50% of the project quotation will be due upon completion of the work
29.3 Refunds - The client may request a cancellation of a project within 24 hours of deposit payment. All monies paid to that date will be refunded in full to the client. Should the client wish to cancel at any point after this any advance payments are not refundable. If, at the point of cancellation the advanced payment does not cover the work already undertaken by Debayne Web Design, the client will be invoiced accordingly.
29.4 Payment - Once the work has been completed to the client's satisfaction, Debayne Web Design will send an invoice via email. If clients wish to receive a hard copy of their invoice it is their responsibility to ensure Debayne Web Design are aware of this. Payment is due upon receipt of the invoice. Payments can either be made by cheque, bank transfer, credit card or paypal. Cheques should be made payable to Debayne Web Design. Bank details will be made available on invoices.
29.5 Late Payments - Accounts that are outstanding after 21 days will result in a reminder being sent. Accounts that have not been settled within 7 days of our reminder will incur a late payment charge of 10% of the amount outstanding. If after this 7 day period the account has still not been paid, Debayne Web Design reserve the right to remove the client's website from the internet. Once the invoice has been paid in full the client's website will be restored but an additional fee of £50 is payable.
29.6 Provision of Work - The client must notify Debayne Web Design of any material supplied that is to be returned to the client. Debayne Web Design will assume a project to be completed after the initial project requirements have been technically and adequately met. Upon completion of the site (or design), an email or letter will be sent to the client, advising the client that work has been completed
29.7 Web Hosting - In the case of the Client arranging website hosting, The client is fully responsible for ensuring that the hosting server is capable of receiving the files and that an adequate package has been provided.
29.8 Domain Names - In the case of the Client having already purchased or already owning their domain name, Debayne Web Design reserves the right to transfer it to Compila.co.uk and become the technical and admin contact, to allow full, fast and unhindered control over the domain in case of future technical problems. This may incur a renewal fee on the domain name.
29.9 Liability - Debayne Web Design will provide, free of charge, any fixes to problems experienced by the core design of the website, where the problem is reported within thirty days of completion and where no custom modifications have been made to the files originally provided to the client. If the error is caused by any client modifications, Debayne Web Design's relevant charges per hour will be levied to the client in respect of correcting the error(s). Debayne Web Design will be under no liability if it should be unable to carry out its obligations under a contract for supply of services as a result of any cause beyond its control such as but not limited to: Act of God, War, Strikes, Lock-out, Flood, Supply of services from 3rd party, Theft of Computer systems. Debayne Web Design shall under no circumstances whatsoever be liable for any indirect or consequential loss by the Client howsoever caused. Debayne Web Design's liability in respect of breach of non-performance shall be limited to the contractual value of the service to which the claim relates
29.10 Laws affecting Electronic Commerce - The Client agrees that they are responsible for complying with such laws, taxes and tariffs and will hold harmless, protect and defend Debayne Web Design and its sub-contractors from any claim, suit, penalty, tax or tariff arising from the client's use of Internet Electronic Commerce. Client also understands that Debayne Web Design cannot provide any legal advice.
29.11 Copyright - In situations where the client provides text, images, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Debayne Web Design will not be held responsible for any breach of copyright for any materials provided by the client. On occasion Debayne Web Design may have to purchase images under license from stock image suppliers for use on a client's website. This license only usually allows the purchased images to be used on a website and may not permit them to be used in any publicity material. The client is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
29.12 Intellectual copyright - The copyright for all material provided by Debayne Web Design, such as source code, graphics, photographs and text, will remain the property of Debayne Web Design until such time as payment has been made in full whereupon they will become the property of the client. The copyright of any initial designs that are not used in the final website design still lies with Debayne Web Design, even once payment has been made in full. Debayne Web Design reserve the right to display a link to the client's website in our portfolio page. We also reserve the right to display 'Designed' and/or 'Powered by Debayne Web Design' on the client's website. This statement will form part of a link back to Debayne Web Designs own website.
29.13 Timescales - Debayne Web Design will aim to complete the client's website by the date agreed between both parties but cannot be held responsible for delays in content delivery by the client.
29.14 Web browsers - Debayne Web Design will make every effort to design the client's website so it displays consistently in the most popular current browsers. We cannot accept responsibility for the display of a client's website in new versions of browsers released after the client's website has been launched.
29.15 Search engines - Debayne Web Design will submit a client's website to several of the major search engines as part of the design quotation. We cannot guarantee a high placing in any search engine results. After submission to either a search engine, online directory or any such site, Debayne Web Design can accept no responsibility or liability if these sites choose not to list the client's website.
29.16 Future support and content updates - Client's website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand Debayne Web Design is not responsible for future support, this can be provided upon request for an agreed fee. Updates to the websites content (new pages, text, images or any such material) can be provided for a fee of £30 per hour.
29.17 Future site issues - Debayne Web Design cannot be held responsible for issues caused by malicious software, spy ware, viruses, website hacking or any illegal actions by either the client or by others once the website has been launched.
29.18 Maintenance Agreements - Maintenance agreements are negotiated on a client-by-client basis and each client will have differing needs. If you have chosen a maintenance agreement, the terms of which will be listed in our agreement. Debayne Web Design offers 4 kinds of maintenance agreements. In the all of agreement, the Client pays a monthly fee. If a maintenance agreement has been selected with Debayne Web Design and the Client or an agent of the client other than Debayne Web Design attempts to update the site on their own and damages the design or impairs the ability for the WebPages to display or function properly, time to repair web pages will be assessed at the appropriate hourly rate. There is a 1-hour minimum charge. In this regard, Clients are encouraged to obtain a maintenance agreement with Debayne Web Design
29.19 Miscellaneous - The client must provide contact details for at least one person within their company who is capable of dealing with any issues relating to the design project

Terms And Conditions