These terms of business apply to all hosting plans, cloud services and domain name registration services. They do not apply to dedicated server products. We reserve the right to change these Terms at any time.
“We” or “Us” or “The Company” includes Zincweb Internet of: West Toddlehills Web, Blackhills, Peterhead, AB42 0LY or any party acting on our implicit instructions. “You” includes the person purchasing our services or any party acting on the customer’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” is the relevant domain names Registry. “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:
1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.
1.3 You shall have no right to bring any claim against us in respect of refusal to register a domain name.
1.4 Any administration charge paid by you to us shall be nonrefundable notwithstanding refusal by the Registry to register your desired name.
1.5 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 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 Registry but will not be obliged to take part in any such dispute.
1.6 We shall not release any domain to another provider unless full payment for that domain has been received by us. We are personally responsible for allocation/alteration of nameserver details and do not provide you with this facility. Moreover, due to a 60 day rolling credit agreement with Nominet, we are unable to make changes to UK TAG names until 60 days after a UK domain has been submitted for registration. Also see clause 2.13
1.7 We reserve the right to reclaim ownership of a domain in the event of non-payment for services rendered in the execution of servicing an account associated with the domain. This includes non-payment of any agreed design costs if applicable.
2 Web Site Hosting And Email
2.1. 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.
2.2 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:
2.2.1 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.
2.2.2 You will not upload, post, link to or transmit (violation will result in immediate termination of services):
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, 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.
2.2.3 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. We employ additional methods of limiting excessive bulk mailing to protect resources and reputation.
2.2.4 We have a zero tolerance for Unsolicited Commercial Email (UCE) that is in any way associated with Zincweb Internet, its clients, or any of its client’s associates. Customers are prohibited in anyway whatsoever from using UCE as a means of advertising data or services to distribute such materials. Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or ‘Spam.’ Infringements of our UCE policy can result in any one of the following:
- A warning, via E-mail or telephone.
- Removal of DNS for the advertised or originating site.
- Temporary shutdown of the server or a block on outgoing mail.
- Permanent disconnection of service without refund.
Infringements of this policy include, but are not limited to:
- Attempting to transmit an e-mail via our services from a domain name that is not resident on our network.
- Sending mail to users who have not specifically requested to receive such mail, including opt-out mailing lists. If the customer claims that the mailing was “opt-in”, then the onus is on the customer to prove this, either by showing an opt-in mail request, and/or the IP address and date and time of the signup. Please ensure that all opt-in mail is confirmed opt-in, ie the user is sent a signup confirmation which requires them to reply or click on a web link to confirm their registration, designed in such as way as to make it impossible for someone to sign-up a thirdparty either by accident or deliberately.
- Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at Zincweb Internet to users that have not specifically requested this mail.
- Forging of message headers to mask the originator of the message.
- Harassment, whether through language, frequency, or size of messages, is prohibited.
2.2.5 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
2.3 We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.
2.4 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.
2.5 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.
2.6 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.9 In the case of an individual User, you warrant that you are at least 18 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 18 years.
2.10 Any access to other networks connected to us must comply with the rules appropriate for those other networks.
2.11 While we will use every reasonable endeavor 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 non-receipt or misrouting of email or for any other failure of email or Services.
2.12 If ownership, administration, technical or billing details require amendment, a £10 administration surcharge is applicable per domain.
2.13 Changes to nameserver details are normally free for the first change per domain. Any subsequent changes will incur an administration surcharge of £10.
2.14 Any reference to unlimited webspace or bandwidth with some account types means unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any backups, downloads, or other non-web based content. We will also treat all password protected archive (e.g. zip and rar) files as unacceptable.
3. Resellers and Partners
3.1 If you are or become a partner to our Services you will continue to be bound by these terms and conditions and you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
3.2 You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.
3.3 No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.
3.4 We do not authorise you to sell our services under your own brand for the direct use of your clients only. You may not permit your clients to resell the services You provide, or resell the Services We provide.
4. Service Availability
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 12 hours you will be notified of the reason and be eligible for pro-rata refund.
4.3 We reserve the right to cancel or suspend service with no notification or notice to you in the event of non-payment of due fees for services rendered.
5.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates available on request and shall be due and payable in advance of provision of the Services.
5.2 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 in accordance with 6.4. If you choose to pay by credit or debit card you authorise us to debit your account renewal fees from your card.
5.3 All payments must normally 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 £40.
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 and reclaim ownership of associated domains, hosting accounts, servers or any other ancilliary services..
5.6 We retain design copyright of all material produced, excluding any material supplied by You which shall remain your copyright. Upon full payment for services rendered we will, at our discretion or upon request, transfer all design copyright to You or a third party.
6. Termination And Refunds
6.1 We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you if you:
6.1.1 fail to pay any sums due to us as they fall due.
6.1.2 break any of these terms and conditions.
6.1.3 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.
6.2 No refunds will be made under any circumstances for Services suspended in accordance with 6.1 or 2.2
6.3 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the remaining period of prepayment.
6.4 You may cancel the Services at any time. To do so you must request cancellation of the Services in writing or by fax on Headed notepaper. We will cancel the Services within 2 working days of receipt of your request.
6.5 Distance Selling – During the first 7 days of Services, You are entitled to a refund of the basic hosting plan rental fee should You decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 7 days of service should You decide to cancel the Services. This does not apply if You have taken advantage of a free trial period longer than 7 days.
6.5.1 Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable on this basis.
6.5.2 You will not be entitled to a refund on this basis if you have previously held an account with us.
6.6 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card. In certain cases, including SagePay payments, SagePay may deduct and impose a service charge for refunded payments.
6.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
6.8 If an overdue account is referred to a Factoring Organisation or Debt Collection Agency, an additional administrative fee equivalent to 10% of the balance outstanding will be liable.
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 subclause 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 which are the subject of any 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.
9.1 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.
10.1 This Agreement shall be governed by and construed in accordance with Scottish law and you hereby submit to the non-exclusive jurisdiction of the Scottish courts.
11.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
12. Entire Agreement
12.1 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.
We respect the privacy of personal e-mail accounts and we store your e-mail addresses just as securely as other personal information on accounts. We will not send you unwanted e-mail messages or junk mail, and your details will not be passed to any organisation beyond us without your explicit permission or unless required to do so by legal enforcement notice.
However, we will use e-mail to send you messages about outstanding orders, faults and service issues. We may also use e-mail to keep you up to date with news about your current services, as well as anything you show an interest in, either online, or through other contact with us. If you do not want to be kept informed in this way by e-mail, please let us know.
Abuse of this site or any sites hosted with us may result in suspension (see Terms and Conditions for more detail). Additionally, we may (under certain circumstances) provide details of abuse to third parties, including law enforcement agencies and Internet Service Providers (ISPs).
We comply with and are registered under the terms of the Data Protection Act 1998 in the United Kingdom and take every reasonable step to prevent any unauthorised access to your personal data or abuse of our email systems.