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Hosting Terms and Conditions
These Terms and Conditions apply to all commissions.
All services provided by trueserve to the Client are subject to the following terms and conditions.
- Website Content.All services provided by trueserve may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom, United States Federal, State or City, or any International laws is prohibited. This includes, but is not limited to:
- – Copyrighted material
- – Material we judge to be threatening or obscene
- – Material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless trueserve from any claims resulting from use of the service, which damages the subscriber or any other party.
- Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:
- – Pirated software
- – Pornography
- – Violations of Copyrights
- – Hacker programs or archives
- – Warez sites
- – Hate propaganda
trueserve will be the sole arbiter as to what constitutes a violation of this provision.
- Data Transfer.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.
- Web Space Usage.Unlimited web space is available for genuine web site content; content must be linked into web pages. Clients are prohibited from using the server as a file/backup repository. Clients are expected to employ good housekeeping when maintaining their account.
- Server Usage.Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other Clients we will discuss with you alternative solutions for your hosting requirements.
5.2. Email Services. trueserve provides email accounts as an ‘extra’ and offers no support or assurances for the service. It is the Clients responsibility to backup emails and have procedures in place. trueserve will take no responsibility for Client email services provided by the trueserve server or otherwise. We also reserve the right to cease any email service without notice.
- Acceptable Use Policy. The website and use of the Services may be used for lawful purposes only and the Client may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Client agrees not to:
- – Use the Services or the website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services
- – Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities
- – 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
- – Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others
- – Engage in illegal or unlawful activities through the Services or via the Website
- – Make available or upload files to the website or to the Services that the Client knows contain a virus, worm, trojan or corrupt data
- – Obtain or attempt to obtain access, through whatever means, to areas of trueserve Server or network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
- – Operate or attempt to operate IRC bots or other permanent server processes.
- – The Client has full responsibility for the content of the Website. For the avoidance of doubt, trueserve is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
- – If the Client fails to comply with the Acceptable Use Policy outlined in Clause 6 trueserve shall be entitled to withdraw the Services and terminate the Client’s account without notice.
- Unlimited Use.Resources are defined as bandwidth and/or processor utilization. trueserve may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available trueserve reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Clients may be offered an option whereby trueserve continues hosting the website for an additional fee.
- Data Backup.The Client is responsible for undertaking any data backup programs, database, web files or other digital material. trueserve makes backups of our server files but holds no responsibility for any failure or losses of Clients files as a result of server failure or damage.
- Payment.All accounts are set up on a prepay basis. Although trueserve reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year following the date the account was established. All renewal payments must be received at least 5 working days in advance of the renewal date to ensure that no disruption to the service is incurred. trueserve reserves the right to suspend this and other services until any outstanding debt is cleared. trueserve will not be responsible for any data lost due to non-payment closure of an account. The Client is responsible for all money owed on the account from the time it was established to the time that the Client sends a written cancellation request.
Reinstatement of an account is at Business Website’s discretion. trueserve reserves the right to charge a reinstatement fee of £50 per account.
- Cancellations and Refunds.All fees charged on a prepay basis are non-refundable
- Indemnification.The Client agrees that it shall defend, indemnify, save and hold trueserve harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against trueserve, its agents, its Clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless trueserve against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with trueserve server; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to Client from trueserve systems.
- Disclaimer.trueserve will not be responsible for any damages your business may suffer. trueserve makes no warranties of any kind, expressed or implied for services we provide. trueserve disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by trueserve and its employees. trueserve reserves the right to revise its policies at any time.
- Severability.In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
Website Design Terms and Conditions
These Terms and Conditions apply to all commissions.
All services provided by trueserve to the Client are subject to the following Terms and Conditions.
- Acceptance. Payment of the ‘Deposit’ by all new Clients to trueserve is deemed as agreement to and acceptance of these Terms and Conditions. Alternatively, full payment in advance of the website build or payment online is an acceptance of the Terms and Conditions.
- Charges. Charges for services to be provided by trueserve may be defined on our website. Quotations are valid for a period of 30 days. trueserve reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total (or greater), before the work is supplied to the Client for review. The remaining and outstanding of payment total will be due upon completion of the work and post upload to the server. Charges for web design work includes release of source files; if the Client requires these files, they will not be charged at any extra cost and an email, FTP, DVD or USB pen containing your files is provided inclusive of the build fee. The client retains all copyright unique to their website at no extra cost. Payment for services is due by bank transfer or via our secure online payment pages and made payable to ‘trueserve’. Bank details will be made available on invoices. Because we are a digital business, any payment by cheque or cash will incur an administration charge of £1.50 per £100.
- Client Review. trueserve will provide the Client with an opportunity to review the appearance and content of the website during the design process or in many cases once the overall website development is completed; amendments can be made if the client wishes at no extra cost and to our sensible discretion. At payment on completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies trueserve otherwise within seven (7) days of the date the materials are made available to the Client.
- Turnaround Time and Content Control. trueserve will install and publicly post or supply the Client’s website by a date agreed with the Client upon trueserve receiving initial deposit payment, unless a delay is specifically requested by the Client or expected by trueserve, where the Client will be given reasonable and prior notice. In return, the Client agrees to delegate a single individual as a primary contact to aid trueserve with progressing the commission in a satisfactory and expedient manner. During the project, trueserve will require the Client to provide website content; text, images, movies and sound files. If content is not provided within two (2) weeks of an official request then trueserve reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. In extreme cases, if deemed necessary; where content is not provided within four (4) weeks from the original request then the Client is considered to be in default of the commission, the project can be terminated and the Client sent a final invoice for immediate payment. trueserve will agree, at its discretion, to recommence the commission after agreement is reached on a new quotation. Deposits are non-refundable.
- Payment. Invoices will be provided by trueserve upon completion of the work for Web Design and any Hosting Services provided, and any other associated services. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge of 25% per month of the total amount due.
- Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on trueserve Hosting Server, trueserve will, at its discretion, remove all such material from its server. trueserve is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £45 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay trueserve reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by trueserve in enforcing these Terms and Conditions.
- Termination. Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days. Deposits are non-refundable.
- Legal Restrictions. Terms and Conditions relating to hosting account content and usage may be found at here
- Copyright. The Client retains the copyright to data, files and graphic logos provided by the Client, and grants trueserve the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting trueserve permission and rights for use of the same and agrees to indemnify and hold harmless trueserve from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A ‘Deposit’ for website design and/or placement shall be regarded as a guarantee by the Client to trueserve that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Standard Media Delivery. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on CD/DVD/USB-Memory or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by trueserve to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
- Design Credit. A link to trueserve will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £300, a fixed fee of £30 will be applied.
- Access Requirements. If the Client’s website is to be installed on a third-party server, trueserve must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Post-Placement Alterations. trueserve cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
- Domain Names. trueserve may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client and trueserve usually notifies the Client two weeks proir to the renewal date. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of trueserve. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. This information can also be found via the Customer Login area of our website.
- General. These Terms and Conditions supercede all previous representations, understandings or agreements. The Client’s payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
- Governing Law. This Agreement shall be governed by English Law and all applicable Law of the Land.
- Liability. trueserve hereby excludes itself, its Employees and or Agents from all and any liability from:
– Loss or damage caused by any inaccuracy;
– Loss or damage caused by omission;
– Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
– Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
– The entire liability of trueserve to the Client 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.
- Severability. In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.