Terms and Conditions
You indicate acceptance of these terms and conditions of service by placing an
order with “R Kelsall Computing Limited”. These terms and conditions will not be
varied for individual customers.
1
DEFINITIONS
1.1 In this Agreement the following
words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the
availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents,
trademarks, 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;
1.1.3 "Kent Surf Systems" means R Kelsall Computing
Limited
1.1.4 "IP address" stands for internet protocol address
which is the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment
operated by Kent Surf Systems in connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name
registration, email and any other services or facilities provided by Kent Surf
Systems.
1.1.8 "spam" means sending unsolicited and/or bulk
emails;
1.1.9 "virus" means a computer programme 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";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details
may be found at http://www.kentsurfsystems.com.
1.3 Words denoting the singular shall
include the plural and vice versa and words denoting any gender shall include
all genders.
1.4 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.
2
INTRODUCTION
2.1 The Customer wishes to provide
Kent Surf Systems with data that will be hosted on Kent Surf Systems'
servers and made accessible via the Internet.
2.2 Kent Surf Systems provides web
hosting services and has agreed to host the Customer's data upon the following
terms and conditions.
3
DUTIES
3.1 Kent Surf Systems shall provide to
the Customer the Services specified in their order subject to the following
terms and conditions.
3.2 The Customer shall deliver to Kent
Surf Systems the website and the software used in the website which is owned by
the Customer, or licensed to him by a third party or Kent Surf Systems ("the
Customer Software”), in a format specified by Kent Surf Systems.
4
CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit
cards (including MasterCard and Visa), debit cards (including Switch/Maestro)
and direct debits
4.2 Kent Surf Systems do not accept
cheques, bank transfers, postal orders, cash or any other form of payment other
than those outlined in 4.1
4.3 The Charges are exclusive of VAT,
which if payable shall be paid by the Customer.
4.4 Kent Surf Systems 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 8% per annum above the base rate of
the Bank of England from time to time in force.
4.5 Kent Surf Systems do not provide
credit facilities.
4.6 From time to time Kent Surf
Systems 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.
4.7 Kent Surf Systems provide
"Money-Back Guarantees" on certain products. Should your product qualify for
this guarantee please raise a support ticket at http://www.kentsurfsystems.com
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.
4.8 Pro-rata refunds will not be
issued for yearly services that are cancelled before the end of the year.
4.9 Should your chosen payment method fail Kent Surf Systems will attempt to
settle your invoice using any other payment facilities available on your
account.
4.10 All services will renew until cancelled by the customer. Kent Surf Systems
emails the customers primary email address prior to renewal of services, it is
the customers responsibility to cancel services 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.
5
IP ADDRESSES
5.1 Kent Surf Systems shall maintain
control and ownership of the IP address that is assigned to the Customer as part
of the Services and reserves the right in its sole discretion to change or
remove any and all IP addresses.
5.2 Where Kent Surf Systems changes or
removes any IP address it shall use its reasonable endeavours to avoid any
disruption to the Customer.
6
SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of
software owned by or licensed to Kent Surf Systems ("Kent Surf Systems'
software") in order to use the Services, Kent Surf Systems 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 Kent
Surf Systems 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 Kent Surf Systems Software.
6.2 In relation to Kent Surf Systems'
obligations under this Agreement in connection with the provision of the
Services, the Customer grants to Kent Surf Systems 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 Kent Surf Systems any right, title, interest or
intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he
will not himself or through any third party, sell, lease, license or sublicense
Kent Surf Systems Software.
6.4 Kent Surf Systems 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, Kent Surf Systems shall destroy all such copies
of the Content and other materials provided by the Customer as and when
requested by the Customer.
7
SERVICE LEVELS AND DATA BACKUP
7.1 Kent Surf Systems shall use its reasonable endeavours to make the server and
the Services available to the Customer 100% of the time but because the Services
are provided by means of computer and telecommunications systems, Kent Surf
Systems makes no warranties or representations that the Service will be
uninterrupted or error-free and Kent Surf Systems shall not, in any event, be
liable for interruptions of Service or downtime of the server.
7.2 Kent Surf Systems carries out data
backups for use by Kent Surf Systems in the event of systems failure. Kent Surf
Systems do not provide data restoration facilities for individual customers.
Even though every effort is made to ensure data is backed up correctly Kent Surf
Systems accepts no responsibility for data loss or corruption.
8
ACCEPTABLE USE POLICY
8.1 The website and use of the
Services 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. In
particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to send
unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with
the intention or result of affecting the performance of any computer facilities;
8.1.3 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 Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the
rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through
the Services or via the Website;
8.1.6 make available or upload files to the website or
to the Services that the Customer knows contain a virus, worm, trojan or corrupt
data; or
8.1.7 obtain or attempt to obtain access, through
whatever means, to areas of Kent Surf Systems’ network or the Services which are
identified as restricted or confidential. This includes leaving your home
directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other
permanent server processes.
8.2 The Customer has full
responsibility for the content of the Website. For the avoidance of doubt, Kent
Surf Systems is not obliged to monitor, and will have no liability for, the
content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply
with the Acceptable Use Policy outlined in Clause 8.1 Kent Surf Systems shall be
entitled to withdraw the Services and terminate the Customer's account without
notice.
9
ALTERATIONS AND UPDATES
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. The Customer will be issued with a user name and password in order to
access the account. The Customer must take all reasonable steps to maintain the
confidentiality of this user name and password. If the Customer reasonably
believes that this information has become known to any unauthorised person, the
Customer agrees to immediately inform Kent Surf Systems’ and the password will
be changed.
10
WARRANTIES
10.1 The Customer warrants and represents to Kent
Surf Systems that Kent Surf Systems' 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 Kent Surf Systems as set out in Clause 6.2.
10.2 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, Kent Surf Systems shall not be liable to the
Customer as a result of any viruses introduced or passed on to the Customer.
11
INDEMNITY
The Customer agrees to indemnify and hold Kent Surf Systems 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 brought
against Kent Surf Systems 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.
12
LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall
exclude or limit Kent Surf Systems' liability for death or personal injury
resulting from Kent Surf Systems' negligence or that of its employees, agents or
sub-contractors.
12.2 The entire liability of Kent Surf Systems 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.
12.3 In no event shall Kent Surf Systems 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 Kent Surf Systems had
been made aware of the possibility of the Customer incurring such a loss.
13
TERM AND TERMINATION
13.1 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.
13.2 Kent Surf Systems 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.
13.3 Either party may terminate this Agreement
forthwith by notice in writing to the other if:
13.3.1 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
13.3.2 the other party commits a material breach of this Agreement
which cannot be remedied under any circumstances; or
13.3.3 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
13.3.4 the other party ceases to carry on its business or
substantially the whole of its business; or
13.3.5 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.
13.4 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.
13.5 On termination all data held in the customers
account will be deleted.
14
ASSIGNMENT
14.1 Kent Surf Systems may assign or otherwise
transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise
transfer this Agreement or any part of it without Kent Surf Systems' prior
written consent.
15
FORCE MAJEURE
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.
16
SEVERANCE
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.
17
NOTICES
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.
18
ENTIRE AGREEMENT
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.
19
GOVERNING LAW AND JURISDICTION
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.
20
DOMAIN NAME REGISTRATION
20.1 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 Kent Surf Systems will provide a full refund for
that domain name.
20.2 Please return to the main terms and
conditions area of this website to view terms and conditions for individual
domain name registrars.
21
SCRIPTING
Kent Surf Systems are not responsible for customer programming issues other than
ensuring that programming languages such as Perl, PHP and ASP are installed and
functioning on the web hosting system.
22
PRIVACY
To protect your privacy we will not distribute your details to third parties,
unless required to do so by law.
23
DATA TRANSFER
23.1 Web hosting accounts include a certain amount
of data transfer, if you exceed this amount in any one month your account will
be deactivated until you have upgraded to an account that has more data transfer
included.
23.2 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.
24 SERVER
USAGE
Should your account use more than 5% of the servers processing power and as a
result have a detrimental effect on other customers we will discuss with you
alternative solutions for your hosting requirements.
25
AFFILIATE PROGRAMME
Commission earned via the affiliate programme will only be paid by using a valid
direct debit/credit mandate on your account. It is the customers responsibility
to ensure they have this facility. In the event of the customer not being able
to obtain this facility then no commission will be paid.
26
EMAIL NEWSLETTER
Kent Surf Systems communicates with it's customers via email and as such you
agree to receive by email our regular newsletter which contains amongst other
things changes to our terms and conditions, notification of major outages,
updates to our products & features and special offers.
27
WEBSPACE USAGE
Unlimited web space is available for genuine web site content, content must be
linked into web pages. Customers are prohibited from using the server as a
file/backup repository. Customers are expected to employ good house keeping when
maintaining their account.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.