Beach Web Design Terms & Conditions

Please also see the following documents:

• Terms and Conditions for Web Hosting packages provided by Beach Web Design
• Nominet Terms and Conditions for UK domain name registration
• Our standard legal document templates for web design contracts
• UK film censorship guidelines for 'Uc', 'U', 'PG' and '12' rated films
• Our Privacy Policy
• Our Copyright Notice
• Our Ethical Policy

Terms and Conditions for Web Hosting packages provided by Beach Web Design.

1. About this agreement

   1. The web hosting contract between Beach Web Design and the client will be on the conditions listed here, to the exclusion of all other terms and conditions. You indicate acceptance of these terms and conditions of service by placing an order with Beach Web Design. These terms and conditions will not be varied for individual customers except by prior agreement in writing. These conditions will become effective on the date that a web hosting package or domain name is ordered and shall continue until termination of any agreement or service is declared by either party in writing.
      

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2. Definition of the terms used within this document

   1. In this Agreement the following words and expressions shall have the following meanings:

   2. A 'Package' is an amount of webspace and data transfer with associated Package as decided by Beach Web Design (which may include for example email or domain name registration).

   3. A 'Client' or 'Customer' is a person, persons, business or organisation using any of the Package provided by Beach Web Design.
   4. "Beach Web Design" and "Beach Web Hosting" mean the company Beach Web Design.
   5. 'Us' or 'we' means the company Beach Web Design or its representative.
   6. 'The Payment Period' shall be the time allowed by Beach Web Design for receipt of all monies owed to Beach Web Design by the client.
   7. 'Domain' is the website address as specified by the client.
   8. 'Open Source Software' is software made freely available to anyone under the GNU General Public license (GPL) or other type of open source license.
   9. 'Hosting' is a yearly, quarterly or monthly cost to keep a clients website activated online, depending on their payment schedule.
   10. "Downtime" means any service interruption in the availability to visitors of the Website.
   11. "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.
   12. "IP address" stands for internet protocol address which is the numeric address for the server.
   13. "ISP" stands for internet service provider.
   14. "Server" means the computer server equipment operated by Beach Web Design's hosting provider in connection with the provision of the Package.
   15. "Spam" means sending unsolicited and/or bulk emails.
   16. "Virus" means a computer program 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".
   17. "Visitor" means a third party who has accessed the Website.
   18. Product specifications and details may be found at www.beachwebdesign.co.uk and www.beachwebhosting.co.uk, or by contacting Beach Web Design personally.
   19. 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.
   20. Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
       
       

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3. Beach Web Design (Beach Web Hosting) Terms & Conditions:

   1. The Customer wishes to provide Beach Web Design with data that will be hosted on Heart Internet's servers and made accessible via the Internet.
   2. Beach Web Design provides web hosting Package and has agreed to host the Customer's data upon the following terms and conditions.

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4. Duties

   1. Beach Web Design agree to provide domains and packages as shall be set out in the Beach Web Design confirmation of order email.
   2. The Customer shall deliver to Beach 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 Beach Web Design ("the Customer Software), in a format specified by Beach Web Design.

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5. Charges, Payment and Refunds

   1. Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro), standing orders, cash, postal orders and cheques.
   2. Beach Web Design do not currently accept any other form of payment other than those outlined above.
   3. The Charges are exclusive of VAT, which if payable shall be paid by the Customer. (Beach Web Design is not currently VAT registered so VAT is not currently payable (January 2007)).
   4. Beach 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 10% per annum.
   5. Beach Web Design do not provide credit facilities.
   6. From time to time Beach 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.
   7. Beach Web Design provide "Money Back Guarantees" on certain products. Should your product qualify for this guarantee please contact Beach Web Design at http://www.beachwebdesign.co.uk/contact.shtml 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.
   8. Beach Web Design reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Beach Web Design but possible, providing Beach Web Design decide upon this option. Beach Web Design reserve the right to refuse a refund for any reason deemed reasonable to us.
   9. Pro-rata refunds will not be issued for yearly, quarterly or monthly Package that are cancelled before the end of the year, quarter or month respectively.
   10. Should your chosen payment method fail Beach Web Design will attempt to settle your invoice using any other payment facilities available on your account.
   11. All Package will renew until cancelled by the customer. Beach Web Design emails the customer's primary email address prior to renewal of Package. It is the customer's responsibility to cancel Package 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.
   12. Beach Web Design reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Beach Web Design but possible, providing Beach Web Design decide upon this option. Beach Web Design reserve the right to refuse a refund for any reason deemed reasonable to us.

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6. Service Levels and Data Backup

   1. Beach Web Design will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting service will be uninterrupted or error-free at all times, especially in the event of a technical failure beyond our control. Beach Web Design shall not, in any event, be liable for interruptions of service or downtime of the server.
   2. Beach Web Design carries out data backups for use by Beach Web Design in the event of systems failure. Beach Web Design do not provide free data restoration facilities for individual customers, except when agreed as part of a web hosting package. Even though every effort is made to ensure data is backed up correctly Beach Web Design accepts no responsibility for data loss or corruption. The client is solely responsible for any information or files relating to their website.

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7. Software licenses and Rights

   1. If the Customer requires use of software owned by or licensed to Beach Web Design ("Beach Web Design's software") in order to use the Package, Beach 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 Beach 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 Beach Web Design Software.
   2. In relation to Beach Web Design's obligations under this Agreement in connection with the provision of the Package, the Customer grants to Beach 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 Beach Web Design any right, title, interest or intellectual property rights in the Customer Software or the content.
   3. The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Beach Web Design's Software.
   4. Beach 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, Beach Web Design shall destroy all such copies of the content and other materials provided by the Customer as and when requested by the Customer.
   5. All images displayed on the client's website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by either the client or Beach Web Design, they will be the sole responsibility of the client.
   6. Beach Web Design provides links or references to our clients' websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.

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8. Domain Name Registration

   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 Beach Web Design will provide a full refund for that domain name.

   2. Domain names will be registered by Beach Web Design using the clients details as provided to us, unless agreed otherwise with the client in writing. Beach Web Design accept no liability for incorrectly supplied client details and are not obliged to correct these details with Nominet or any other registration agent.
   3. If a domain name is purchased by the client through a company other than Beach Web Design, the client has full responsibility in making sure that the domain name is renewed when due. Beach Web Design will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Beach Web Design, unless we have transferred the domain name into our account.
   4. If domain names have not been registered through Beach Web Design, and a domain name expires, Beach Web Design can not be held liable for this. However, if the website is hosted through Beach Web Design, and we have been asked to provide reminders and informed of the domain name's renewal date, we will make reasonable effort to contact the client regarding domain renewal.
   5. When 'hosting' is automatically renewed with Beach Web Design, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their domain name could be made available to the public for purchase and Beach Web Design can not be held liable for this.
   6. Please also see the terms and conditions for individual domain name registrars, such as Nominet.

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9. Data Transfer

   1. Web hosting packages include a certain amount of data transfer. If this amount is exceeded within one calendar month, the customer will be required either to upgrade their data transfer limits or upgrade to another package that has more data transfer included. The customer will be given one calendar month's notice to upgrade. If the account has not been upgraded after this time it will be deactivated until an upgrade has been purchased.

   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.

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10. Server Usage

    1. If the customer's website becomes so popular that it uses more than 5% of the server's processing power, it will begin to have an adverse effect on other customers and Beach Web Design will have to request the customer finds an alternative hosting solution, perhaps a dedicated server. Beach Web Design will be happy to assist the customer in finding this.

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11. Server Disk Space Usage

    1. The customer may not store more data in the account than is allotted within the package. If this amount is exceeded within one calendar month, the customer will be required either to upgrade their disk space limits or upgrade to another package that has more disk space included. The customer will be given one calendar month's notice to upgrade. If the account has not been upgraded after this time it will be deactivated until an upgrade has been purchased.
    2. All data stored in the account must in some way be part of the website. The account may not be used as general file storage.

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12. Affiliate Programme

    1. Currently we are not operating an affiliate programme.

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13. Email Newsletter

    1. Beach Web Design communicates with it's customers via email and as such you agree to receive by email our occasional newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers. You will have the option to unsubscribe from this newsletter if you no longer wish to receive it.

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14. Privacy

    1. To protect your privacy we will not distribute your personally identifiable details to third parties, unless required to do so by law. For more information, please see our Privacy Policy.

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15. Acceptable Use Policy

    1. The Website and use of the web hosting Package 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. Beach Web Design shall expect the Customer to carry out sufficient research and preparation to ensure that the website content and use of the web hosting package is not in anyway illegal. In particular the Customer agrees not to:
    2. use the Package or the Website in any way to send unsolicited commercial email or similar "spam".
    3. send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities.
    4. 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 Package or on the Website.
    5. Unacceptable material includes copyrighted works for which the customer does not have permission from the copyright owner, commercial audio, video, or music files, any material in violation of any UK legislation, any content that flashes in a way that could cause epileptic fits, adult material of any sort including all pornography, erotic images, or otherwise lewd or obscene content, gambling, promotion or glamourisation of weapons, alcohol, tobacco, gambling, pornography or drugs,offensive material including, but not limited to, racism, sexism, homophobia, bullying, cruelty, religious bigotry, incitement to violence, or any violence that UK film censors would not rate as acceptable for viewing by all age groups. What is considered to constitute 'offensive' or 'adult material' is left entirely to the discretion of Beach Web Design, but as a general guide, customers can refer to the UK film censorship guidelines for 'Uc', 'U', 'PG' and '12' rated films, and our own family friendly ethical policy.
    6. Where advertising material is included in the customer's website, including use of Google AdSense and similar services, the customer must use the provisions available to ensure that 'adult content' or otherwise unacceptable adverts do not appear.
    7. We reserve the right to remove material deemed inappropriate from your web pages, without prior notice.
    8. threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others.
    9. engage in illegal or unlawful activities through the Package or via the Website.
    10. make available or upload files to the Website or to the Package that the Customer knows contain a virus, worm, trojan or corrupt data.
    11. obtain or attempt to obtain access, through whatever means, to areas of Beach Web Design's network or the Package which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
    12. operate or attempt to operate IRC bots, talkers or other permanent server processes.
    13. The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Beach Web Design is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Package.
    14. Beach Web Design has no control of, or responsibility for, the content of our client's web sites. In no way does the textual or image based content of our client's web sites imply or constitute Beach Web Design's endorsement or approval of the web site or the material contained within the web site. Beach Web Design has not verified any of the materials, images or information contained within our client's web sites and is not responsible for the content or performance of these sites or for any visitor's transactions with them.
    15. Beach Web Design can in no way be held responsible for any offence or breach of legality which occurs through the posting of such material by any of our clients or former clients.
    16. Any infringement of the Acceptable Use Policy outlined above may result in immediate deactivation of the website concerned with no refund of fees paid.
    17. Where a website's content is not illegal but may be in breach of Beach Web Design's ethical policy, the following procedure will apply:
    18. If Beach Web Design receives a complaint from a visitor, Beach Web Design will inform the customer within 24 hours and Beach Web Design will also be obliged to investigate whether we feel the complaint is justified.
    19. If the offending content is an obvious and severe breach of our guidelines, we reserve the right to remove it ourselves without prior notice, and to suspend or deactivate the website if necessary. Beach Web Design will inform the client if this action is taken.
    20. If the offending content is a borderline breach of our guidelines, we will offer the client 1 calendar month's notice to remove it. If it is not removed within this period, we reserve the right to remove it ourselves without prior notice, and to suspend or deactivate the website if necessary. Beach Web Design will inform the client if this action is taken.
    21. If we feel the offending content is within our guidelines, we may still recommend or require that the client publishes some kind of warning statement on their website which would appear before the content in question.

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16. Alterations and Updates

    1. If Customers purchase a Web Hosting Package without Web Design, 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.
    2. All web hosting customers will be issued with a user name and password in order to access the account. The customer must take all reasonable steps to keep this user name and password confidential. If the customer believes that this information has become known to any unauthorised person, the customer agrees to immediately inform Beach Web Design and the password will be changed.

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17. Scripting

    1. Beach Web Design are not responsible for customer programming issues other than ensuring that the programming languages advertised on our websites (http://www.beachwebdesign.co.uk and http://www.beachwebhosting.co.uk), such as Perl, PHP and ASP, are the same programming languages that are installed and functioning on the web hosting system.

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18. Warranties

    1. The Customer warrants and represents to Beach Web Design that Beach 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 Beach Web Design as set out in Clause 6.2.
    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, Beach Web Design shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

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19. Indemnity

    1. The Customer agrees to indemnify and hold Beach 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 br /ought against Beach 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.

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20. Limitation of liability

    1. Nothing in these terms and conditions shall exclude or limit Beach Web Design's liability for death or personal injury resulting from Beach Web Design's negligence or that of its employees, agents or sub-contractors.
    2. The entire liability of Beach 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.
    3. In no event shall Beach 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 Beach Web Design had been made aware of the possibility of the client incurring a problem or loss. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all websites and software are functioning correctly before use.

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21. Search Engine Optimisation

    1. Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.

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22. Term and Termination

    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.
    2. Beach 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.
    3. Either party may terminate this Agreement forthwith by notice in writing to the other if:
    4. 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
    5. the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
    6. 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
    7. the other party ceases to carry on its business or substantially the whole of its business; or
    8. 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.
    9. 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.
    10. On termination all data held in the customers account will be deleted.

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23. Assignment

    1. Beach Web Design may assign or otherwise transfer this Agreement at any time. If this action is taken, Beach Web Design will inform the customer in writing at least one calendar month in advance.
    2. The Customer may not assign or otherwise transfer this Agreement or any part of it without Beach Web Design's prior written consent.

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24. Force Majeure

    1. 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.

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25. Severance

    1. 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.

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26. Notices

    1. 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.

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27. Governing Law and Jurisdiction

    1. 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.

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28. Entire Agreement

    1. 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.
    2. Beach Web Design reserves the right to revise the above terms and conditions at any time.
    3. These terms and conditions were last modified on 26 January 2007.

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