Nethosts Interactive Ltd - Terms and Conditions

1. Promise of reaction time for all customer queries

1. Nethosts Interactive Ltd will respond to all enquiries (via email or telephone) within 2 business working days. Our trading hours are: Monday to Saturday 9am to 9pm.

2. Safety and Security

1. Once a Nethosts Interactive customer enters the order process, all of the information that is transferred between you and us is encrypted using SSL encryption. Even if this data could be intercepted over the Internet it would be useless.
2. When you enter a secure area of our site, on your browser you will notice a picture of a small padlock - this normally appears right at the bottom of the screen. To double check this, you can right click on the page and select 'properties' or 'view frame info' from the list which will tell you whether you are secure or not. Also look out for the sign of a secure web page, which can be identified by the URL (the web site address). A standard page will begin with 'http://'. A secure web page will begin with the URL 'https://' denoting that the merchant is using a secure server for the transaction of data.
3. All credit card details are encrypted using 128bit SSL (Secure Sockets Layer) Software. When you establish a secure connection, the downloaded web site sends a digital certificate to your web browser. When the certificate arrives, it contains a public key, which functions as a one-way encryption device. The browser then uses this key to scramble your personal data (Credit Card Information) before sending it over the Internet. Information encrypted with the public key cannot be decrypted without the corresponding private key, which only the merchant has. Without this exclusive, private key, your personal information cannot be read.
4. Charges on your credit / debt cards will appear as NETHOSTS INT. Your card will be charged when your account is approved and set to Live and thereafter on or before it's due invoice date for recurring packages.

3. Basic Confidentiality Policy

1. It is Nethosts Interactive Ltd policy that personal information, such as your name, postal and e-mail address or telephone number, is private and confidential. Accordingly, the personal information you provide is stored in a secure location, is accessible only by designated staff, and is used only for the purposes for which you provide the information (such as to reply to your request or to handle your complaint).
2. You can indicate your desire when you send us e-mail. If at any time you change your mind and would like to add or remove your name from any of mailing list, or correct your personal information, simply login to your client area and change the email option.
3. Personal information will not be released to third parties except to further the purpose for which you provide the information, such as sending your complaint to the company for action, or if release is required by law or is pertinent to judicial or governmental investigations or proceedings.
4. There are no other circumstances under which we will provide or sell personal information to third parties. Computer Tracking of Identifiable Information our computer is set up to track information about the visitors to Nethosts Interactive Ltd, our records will not distribute personal information about it's visitors. It does recognize the home server of visitors, but not e-mail addresses.

4. Delivery of Service

1. Nethosts Interactive Ltd will contact you within one working day of your request being submitted. If there is going to be a delay for any reason we will contact you.

5. Basis of Sale

1. The Seller shall sell and Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2. The Seller’s employees or agents are not authorised to make any representations or claims concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
3. No variation of these Conditions shall be binding unless agreed in writing between the authorised representations of the Buyer and the Seller.
4. Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell Goods that are capable of acceptance. An order placed by the Buyer may not be withdrawn cancelled or altered prior to acceptance by the Seller has issued a quotation which is expressed to be an offer to sell the Goods; or has accepted an order placed by the Buyer, by whichever is the earlier of:-

   1. the Seller’s written acceptance;

   2. delivery of the Goods;

   3. or the Seller’s invoice.

5. Any typographical, clerical or other accidental errors or omissions in sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

6. Orders and Specifications

1. No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by an authorised representative of the Seller.
2. The specification for the Goods shall be those set out in the Seller’s sales documentation.
3. The Seller reserves the right to make changes in the specification of the Goods.
4. No order which has been accepted by the Seller may be cancelled by the buyer except with the agreement in writing of the seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

7. Price of the Goods

1. The price of the Goods shall be the price listed in the Seller’s published price list current at the date of acceptance of the Buyer’s order or such other price as may be agreed in writing by the Seller and the Buyer.
2. Where the seller has quoted a price for the Goods other than in accordance with the Seller’s published price list the price quoted shall be valid for Length of Time Price List remains valid only or such other time as the Seller may specify.
3. The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay to the Seller.

8.Increase in pricing and timeline

1. 1. Communication with any 3rd party consultant or organization is required

   2. Require us to do any sort of programming work

   3. Do not provide your design expectations such as colours, logo, or layout before we begin work, or if you change your mind frequently.

   4. Require us to change the page layout after approval of design

   5. Require complicated database or JavaScript elements like shopping carts, slide shows, news scripts, content management area etc

   6. Require complicated graphics elements like flash, animation etc

   7. Do not provide content on time and in digital format

   8. Do not communicate properly or delays responses to questions and feedback.

2. In case of a redesign the Timeline and Cost may increase from the standard package if:

   2. Websites with too much information on one page that needs to be split into several pages

   3. Websites that need pages combined.

   4. Websites that need extensive updating to make the site more accurate.

   5. Websites that need more than a few pictures replaced.

   6. Websites that are copyrighted and need to be redesigned to satisfy the copyright.

   7. We will do our best to accommodate and work with third party companies (your graphic designer, hosting company, consultant, etc.), but reserve the right to charge more if the communication with the third party becomes time-consuming or non-productive.

9. Terms of Payment

1. Subject to any special terms agreed in writing or published on the web site the Seller, the Seller shall invoice the buyer for the net sum due to the goods on or at any time after dispatch of the Goods.
2. The Buyer shall pay the price of the Goods on the payment date started in the Contract or if no express provision for the time of payment is contained in the Contract within 7 days after the date of invoice notwithstanding the delivery may not have taken place and/or that the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment are made automatically and can be printed from the client area.
3. Except as expressly provided in these Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including, without limitation, loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of Goods or their use or resale by the Buyer.
4. The Buyer shall ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Buyer is in compliance with all applicable statutory and other regulatory requirements and that the storage and handling of the Goods by the Buyer is carried out in accordance with directions given by the Seller or any component governmental or regulatory authority and the Buyer will indemnify the Seller against any liability loss or damage which the Seller might suffer as a result of the Buyer’s failure to comply with this condition.

10. Buyer’s Default

1. If the Buyer fails to make any payment of the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-

   1. cancel the order or suspend any further deliveries to the Buyer;

   2. appropriate any payment made to the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer)

   3. charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 3 per cent per annum above Royal Bank of Scotland (or such other bankers as the Seller may notify) base rate from time to time, until payment in full is made (a part of a month being treated as full month for the purposed of calculating interest);

11. General

1. 1. The Buyer may not assign the benefit of the Contract without the written consent of the Seller.

   2. The Contract shall be governed by the laws of Scotland.

   3. The Uniform Laws on the International Sale of Goods laid down in the 1980 United Nations Convention shall not apply unless expressly agreed between the parties in writing.

   4. Software provided to the client by Nethosts is on a licence basis. All copyright, intellectual, properties remain the property of Nethosts, or the third party software provider. The client is not allowed to produce copies of the software, except one (1) copy for back up purposes. The client acknowledges that Nethosts will not be liable for any damage to the clients computer system.

12. Money Back / Refunds Policy

1. 1. Duration - The money back guarantee is void if the development service is more than 15 days into development or if the layout has been approved by the client.

   2. Cancellation Policy - When a customer cancels a development service, we will refund within three working days all monies paid.

   3. Domain names - Domain names are non refundable as they are purchased directly from registrars who do not accept cancellations.

   4. Plesk Billing Licenses - Plesk Billing Licenses are non refundable once the license is registered as they are purchased directly from Parallels Inc who do not accept cancellations once registered.

   5. Plesk Billing Configurations - Once the configuration work is underway and approved by the client, the money back guarantee is void.

   6. Search Engine Optimisation - Are not refundable once optimisation has begun.

   7. Web Design and Development - Once the layout has been accepted by the client the money back guarantee is void.

   8. Delays - The money back guarantee is void if there is a delay in communication or providing the materials.

13. Chargebacks

1. 1. In the event we receive a chargeback or reversal we will immediately forward the information to a credit reporting agency. This in turn will seriously affect your credit rating. We are under no obligation to mark the debt as paid, even after we receive further payment to rectify the situation.

   2. A chargeback fee of £45.00 will be assessed for each chargeback against Nethosts Interactive Ltd. Please note that your account will be immediately suspended until the chargeback is resolved and there is no outstanding balance on your account.

   3. If the chargeback is not resolved, your account will be closed and you will be banned from buying services from Nethosts Interactive Ltd.

14. Delivery

1. Nethosts Interactive Ltd will endeavour to deliver the finished project  within the timeframe of the package in question to the necessary information being obtained from the customer.

   If your order is urgent we would be happy to fast track that order.

   Similarly if you wish to take more time completing your project we are happy to work at your pace.

15. Web Hosting Terms

1. 1. We do not allow Adult, Warez, illegal MP3 Sites, IRC Bots or domains with obscene names.

   3. Your virtual server (inc FTP and Telnet access) is for your use only. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.

   4. You may not run server processes (eg. talkers/IRC Bots) from your virtual server. We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.

   5. When your account is closed, all files (including web pages, etc.) will be deleted.  We reserve the right to cancel your account at any time without notice.  We reserve the right to amend and update these Terms and Conditions at any time without notice.

2. By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.

3. Telnet is not a development platform for issues unrelated to your web site. You must not leave your home directory at any time and you must not attempt to gain the privileges of another user.

4. 1. If your bandwidth reaches the points where it has an adverse affect on other clients we reserve the right to disable your site until you can reduce your bandwidth usage or upgrade to a package suitable for your bandwidth usage.

5. 1. Commercial use of web and ftp space is permitted.

6. 2. You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law.

Last updated 1 September 2008