1. Introduction
The Website Owner including subsidiaries and affiliates offer website, database
and application hosting together with email services and any additional services subject
to the Terms and Conditions set out in these Terms and Conditions, the Privacy
Policy and any other relevant Terms and Conditions, Policies and Notices which
may be applicable to supply of our hosting services.
We live in a dynamically evolving world of electronic information and
services, and from time to time our Terms and Conditions may need to be changed
to reflect these changes, we reserve the right to change our Terms and
Conditions as and when necessary.
It is your responsibility to ensure you keep up to date with the current
version of our terms and conditions. By signing up or using any of our services you agree to be bound by all the
Terms and Conditions as set out in this document.
2. Glossary of Terms
We includes the Website Owner -www.nloit.co.uk - NLO IT Consultancy
- ("Website" or "Website Owner" or "we" or "us"
or "our") or any party acting on the Website Owner's implicit instructions,
or providing services to the Website Owner and any other third party suppliers
of service either for explicit use by the Website Owner or for resale by the
Website Owner.
You ("you", "your", "Customer") 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
3. Web Site Hosting And Email
3.1 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.
3.2 You shall effect and maintain adequate insurance cover in respect
of any losses incurred either direct or indirect and or damage or loss to data stored on the Server.
3.3 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.
3.3.1 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.
3.3.2 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) 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.
3.3.3 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.
3.3.4 You will not employ programs which consume excessive system
resources, including but not limited to processor cycles and memory.
3.4 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.
3.5 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.
3.6 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.
3.7 You shall procure that all mail is sent in accordance with
applicable legislation (including data protection legislation) and in a secure manner.
3.8 In the case of an individual User, you warrant that you are
at least 16 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 16 years.
3.9 Any access to other networks connected to nloit.co.uk and
or NLO IT Consultancy
must comply with the rules appropriate for those other networks.
3.10 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 any breach of our servers or non-receipt or misrouting of email or
for any other failure of the email service or security breach.
3.11 We do not allow you to resell, store or give away your web-hosting
services to other parties, with the exception of ad banners, classified ads, and
personal ads, which must comply with our Terms and Conditions and be
specifically vetted and agreed to by the Company prior to any deployment.
4.
Service Availability & Service Overloads
4.1 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.
4.2 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.
4.3 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 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.
4.4 In rare cases, we may find a customer to be using server resources to
such an extent that they may jeopardize service performance and resources
for other customers. In such instances, at our discretion, we reserve the right
to impose the High Resource User Policy for the consideration of all customers.
4.5 If you exceed the limits on our database products (MS SQL and MySQL) then we
will automatically charge you for the additional space you use at our current
prices. For example if you have contracted for a 150MB database and 200MB of
database storage is in use at any
point during a month then we will charge for the extra 50MB in that month at the
current rate ruling.
4.6 When the resources utilised by a customer are abnormally high, we reserve
the right to suspend that service immediately. This policy is only implemented
in extreme circumstances and is intended to prevent the misuse of our services.
Customers may be offered an option whereby we continue supplying the service
under a reduced usage criteria specified by us. Failure to comply with such
measures may result in your service being terminated.
4.7 Uploads made via scripting languages - including PYTHON, PHP, ASP and
ASP.NET are limited. Uploads made using PHP are currently limited to 20MB per
file.,
5. Payment
5.1 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 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.
5.2 Payment is due each anniversary month, quarter or year following
the date the Services were established until closure notice is given. If you choose
to pay by credit or debit card you authorise NLO IT Consultancy
to debit your account renewal fees from your card.
5.3 All payments must be in UK Pounds Sterling.
5.4 If your cheque is returned by the bank as unpaid for any reason,
you will be liable for a "returned cheque" charge of £25.00.
5.5 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.
5.6 If an account goes unpaid for at least seven days, a £10.00
late payment fee will be applied.
5.7 If an account goes unpaid for at least ten days, the account
and its associated services are suspended, and interest charges on the
outstanding debt will start to be accrued. A further £20.00 charge will be applied upon
account reactivation to cover administration costs.
5.8 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.
5.9 Should access to files, databases and other content be required
before they are deleted, all outstanding fees should be settled and an account reactivation will be required.
5.10 No bills or invoices will be sent by regular mail. All
invoices will be sent directly to customers via email shortly after the online
purchase has been made, or from 30 days in advance of a recurring payment
option.
5.11 Pay Pal - Payments processed by Pay Pal are subject to Pay Pal's terms and conditions of service, and
we make no representations or warranties with respect to those services.
6.
Termination
6.1 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.
6.2 If you break any of these terms and conditions we may suspend
the Services and/or terminate this Agreement forthwith without notice to you.
6.3 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.
6.4 No refunds will be made for Services suspended in accordance
with 6.1, 6.2 and 6.3.
6.5 We reserve the right to suspend the Services and/or terminate
this Agreement at any time.
6.6 You may cancel the Services at any time.
6.7 You may be entitled to a complete or partial refund on a
pro rata basis of all fees paid for a specific service with
the exclusion of dedicated server and data transfer fees, should we decide to cancel
that service, refunds due to cancelation of service are entirely at our
discretion.
6.8 Where payment has been made by credit or debit card, any refund
will only be issued to the same credit or debit card.
6.9 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 without liability.
7. Indemnity
7.1 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.
8. Limitation
Of Liability
8.1 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, subject always
to sub clause 8.2.
8.2 Nothing in these terms and conditions shall exclude our liability
for death or personal injury resulting from our negligence.
8.3 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
in relation to which Your claim arises during the 12 month period prior to
such claim.
8.4 In any event no claim shall be brought unless you have notified
us of the claim within one year of it arising.
8.5 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.
8.6 We do not back up Your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure,
we cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by
us and our employees.
8.7 We make no warranties or representations that any service will be uninterrupted or error-free. You accept all services provided hereunder "as is" without warranty of any kind.
8.8 All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the services to be provided hereunder to the fullest extent permitted by law.
8.9 We shall not be liable for any services or products to be supplied by any third party.
8.10 We shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
8.11 We will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
8.12 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of
us, our employees or our sub-contractors.
8.13 We shall not be liable for any interruptions to the services or outages arising directly or indirectly from:-
- I. interruptions to the flow of data to or from the internet.
- II. changes, updates or repairs to the network or software which it uses as a platform to provide the services;
- III. the effects of the failure or interruption of services provided by third parties;
- IV. factors outside of our reasonable control;
- V. Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
- VI. Problems with Your equipment and/or third party equipment;
- VII. Interruptions to the services requested by You.
9. Revisions
9.1 NLO IT Consultancy (nloit.co.uk)
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. Notice of any
revision, amendment, or modification will be posted in accordance with our Terms
and Conditions.
10. Notices
10.1 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 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 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 two days following the date of posting.
11. Applicable
Law
11.1 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.
12. Headings
12.1 Headings are included in this Agreement for
convenience only and shall not affect the construction or interpretation of this
Agreement.
13. Entire
Agreement
13.1 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.
14. Comments or
Questions.
14.1 If you have any questions, comments or concerns arising from
the website, the privacy policy or any other
relevant terms and conditions, policies and notices or the way in which we are handling
your personal information please contact us.
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Privacy
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide
this notice explaining our online information practices and the choices you
can make about the way your information is collected and used. To make this
notice easy to find, we make it available on our homepage and at every point
where personally identifiable information may be requested.
The Information We Collect:
This notice applies to all information collected or submitted on this website.
On some pages, you can order products, make requests, and register to receive
information and or materials. The types of personal information collected at these pages are:
Name / Contact Name / and or Company Name
Address - Personal and or Business
Email address - Personal and or Business
Phone number - Personal and or Business
On some pages, you can submit additional information about extended
personal details and personal comments and or data regarding specific personal details.
The Information We DONT Collect:
Credit/Debit Card Information, and you should not enter any
Credit/Debit Card or any other form of personal banking information at
any point using any of the communication methods provided within the use
of this website, except as required through our third party payment
gateways.
When using a payment gateway you are advised that these gateways are
provided by third party companies, and no liability will be accepted in
respect of any loss or consequential loss however incurred in whole or
part as a result of using these gateways. You are also hereby notified
that when using any payment gateway and or other linked services your
are accepting and bound by the Terms and Conditions applied by those
third parties together with their other policies when using their
service. Please make sure you check any third party Terms and Conditions
and any and all other policy notes and statements before use.
The Way We Use Information:
We use the information you provide about yourself when placing an order or enquiry only
to complete or facilitate the completion of that order or enquiry. We do not share this information with outside parties
except to the extent necessary to complete that order or enquiry.
We use the information you provide about someone else when placing an order
or enquiry only as is required to facilitate the delivery of that the service, product or enquiry.
We do not share this information with outside parties except to the extent
necessary to complete or provide that service, order or enquiry.
We use return email addresses to answer the email we receive. Such addresses
are not used for any other purpose and are not shared with outside parties,
other than those explicitly acting on our behalf.
We use non-identifying and aggregate information to better design our website
and to share with advertisers. For example, we may tell an advertiser that
X number of individuals visited a certain area on our website, or that Y number
of men and Z number of women filled out our registration form, but we would
not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided
to us online in ways unrelated to the ones described above without also providing
you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security and Your Awareness
With the exception of email data which is stored remotely with our service
provider prior to collection by our internal network, and any information
acquired by third parties during the use of a linked service or payment
gateway, we do not store any information obtained through our website using online remote servers, To
prevent unauthorized access, maintain data accuracy, and ensure the correct
use of information, we have put in place electronic coding,
and managerial procedures to safeguard and secure the information we collect
online. It should be noted however that unless otherwise indicated the connection
made between the remote user (you) and our online server is not of a secured
encrypted type, and we can not accept any liability for information that is
intercepted during it's transmission process.
Our Commitment To Children's Privacy:
Protecting the privacy of the very young is especially important. For that
reason, we never collect or maintain information at our website from those
we actually know are under 13, and no part of our website is structured to
attract anyone under 13.
How You Can Access Or Correct Your Information
You can access all your personally identifiable information that we collect
online and maintain by calling us or sending
us an email. We use this procedure to better safeguard your information.
You can correct factual errors in your personally identifiable information
by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps
to verify your identity before granting access or making corrections.
How To Contact Us
Should you have other questions or concerns about these privacy policies,
please contact us.
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