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The following constitute our terms of business and form an Agreement
between the Client and Dreambox Web Design. These terms of business apply
to hosting plans, domain name registration, design and any paid services
provided by Dreambox Web Design, High Powburn, Powburn, Alnwick NE66 4HP.
The relationship entered into between Dreambox and the Client is governed
by these terms, known as the Agreement.
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.
Domains will initially be registered in the name of Dreambox accounts but
will remain the property of the Client.
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 name, you enter into a contract of
registration with Nominet UK on the terms and conditions published at
http://www.nominet.org.uk. You shall have no right to bring any claim
against Dreambox in respect of any refusal to register a domain name by
the relevant registration authority. A domain registered with a company in
another country is governed by the contract of registration with te body
authorised by that country.
Payment for domain registration needs to be made in advance of any
registration and is wholly non-refundable under any circumstance.
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 Registra but will not be
obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment
for that domain has been received. DNS details are changed free-of-charge
however, domain rights or IPS Tags will only be changed free of charge if
the Client can prove the new host/registrar provides lower renewal fees
than Dreambox. If the Client is unable to prove there is such a cost
saving to be had, we will charge the Client the equivalent of 1 year of
domain charges for domain rights or IPS Tag amendment.
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 otherwise 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
hosting site- siteL http://www.saffas.com
- 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.
We reserve the right to remove any material which we deem inappropriate
from your web space without prior notice to you.
You -The Client, 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 but not limited to loss, theft or
unauthorised disclosure of your password or other security information.
While we will use every reasonable endeavour to ensure the integrity and
security of the server but 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.
Design/Paid Support
Payment for paid projects will be due once both parties have confirmed the
project completion, or, after three months from the date the project was
first instructed, whichever is the earliest.
In the event of late payment, Dreambox reserves the right to restrict or
terminate services and / or invoice for additional late payment charges at
a rate of 10% of total costs per calendar month of late payment, with the
minimum of a 1 month charge. The design copyright shall be considered
purchased by the customer upon payment in full of all agreed costs. Until
such time, the copyright remains with Dreambox.
Without prior approval, Dreambox reserves the right to promote or
link to (but not from) any web page designed on behalf of a Client.
Dreambox will not advertise or make any promotion on Client pages
unless approved and agreed by the Client. Reoccurring fees are
limited to hosting and domain registration services at the rates
advertised when they fall due. A new design requirement would incur a
charge to be agreed between client and Dreambox.
Service Availability
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.
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 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.
Dreambox is not subject to VAT and therefore VAT is not applicable
to our pricing.
Termination and 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 of receipt of your request.
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. No refund of any
kind will be made after the first 14 days of service should you decide to
cancel the services.
Domain name registration 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 if you have
previously held an account with Dreambox.
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.
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.
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.
Renewals
Domain names and hosting renewals are made by email. The Client will
receive an email notification, up to one month prior to the due date, that
the domain or hosting is due for renewal. The notification will highlight
the account, the renewal date and the amount due.
If the amount is not paid 10 days after the renewal date we reserve the
right to terminate services.
If paying by cheque or Postal Order, the above terms apply.
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.
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