Terms and Conditions

The following terms and conditions of business supersede any previous Agreements, arrangements, undertakings or proposals, written or oral.

These terms of business apply to single site hosting plans and domain name registration services.

Where the context admits: "We" & "Us" includes HostPipe Limited of: Office 2 Chestnut House, Hallidays Mill, London Road, Chalford, Stroud, GL6 8NR United Kingdom or any party acting on HostPipe's implicit instructions. "You" includes the person purchasing the 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" 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.

The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.

1. Domain Name Registration

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.
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. By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions published at http://www.nominet.org.uk.
3. You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.
4. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
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.
6. We shall not release any domain to another provider unless full payment for that domain has been received by us.

2. Web Site Hosting And Email

1. 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. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes and to promptly inform us if this clause or any subclause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us.
   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. you will not upload, post, link to or transmit:
      1. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
      2. any material containing a virus or other hostile computer program.
      3. 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.
      4. any material which is forbidden by our acceptable use policy which is published at http://support.HostPipe.co.uk/?page=acceptable_use.
   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.
   4. you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
   5. any file you store on the Server will be reachable via a hyperlink from a page on your site.
3. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.
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 but not limited to loss, theft or unauthorised disclosure of your password or other security information.
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.
6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
7. 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.
8. Any access to other networks connected to HostPipe must comply with the rules appropriate for those other networks.
9. 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 non-receipt or misrouting of email or any other failure of email.
10. 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.

3. Service Availability

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. Payment

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, errors and omissions excepted and shall be due and payable in advance of provision of the Services.
2. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
3. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given in accordance with 7.4. If you choose to pay by credit or debit card you authorise HostPipe to debit your account renewal fees from your card.
4. All payments must be in UK Pounds Sterling.
5. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
6. 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 but not obliged forthwith to suspend the provision of Services to you.

5. Termination And Refunds

1. We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you If you:
   1. fail to pay any sums due to us as they fall due.
   2. break any of these terms and conditions.
   3. are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
2. No refunds will be made under any circumstances for Services suspended in accordance with 7.1.
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.
4. You may cancel the Services at any time. To do so you must request cancellation of the Services in writing including your account username and password. We will cancel the Services within 2 working days of receipt of your request.
5. 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.
   1. Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances.
   2. You will not be entitled to a refund on this basis if you have previously held an account with HostPipe.
6. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
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. Indemnity

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 any of the terms of this Agreement.

7. Limitation Of Liability

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 to o the extent applicable under UK law, subject always to sub clause 9.2.
2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
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.
4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.
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. 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 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.

9. Non-Waiver

1. Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

10. Law

1. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.

11. Headings

1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

12. Entire Agreement

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 confirm that 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.

These terms of business apply to web site design and optimisation services.

Where the context admits: "We" & "Us" includes HostPipe Limited of: 18 Sherwood Road, Tetbury, Gloucestershire United Kingdom or any party acting on HostPipe's implicit instructions. "You" includes the person purchasing the 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" 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.

The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.

1. Acceptance.
   A copy of these terms and conditions must be signed by all new customers at the time of submission of work to HostPipe, indicating agreement nd acceptance of these Terms and Conditions. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions.
2. Charges.
   Charges for services to be provided by HostPipe are defined in the project quotation that the Customer receives prior to commencement of any work. All Web site design services are subject to an advance payment of up to fifty percent of the project quotation total prior to commencement of any work. The remaining percentage of the project quotation total will be due upon completion of the work.
3. Design Completion.
   HostPipe will provide the Customer with frequent opportunities to review the appearance and content of the Web site during the design and once completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies HostPipe otherwise within ten (10) days of the date the materials are made available to the Customer.
4. Turnaround Time.
   HostPipe will install and publicly post or supply the Customer's Web site by the date specified in the project proposal or as discussed between the customer and supplier.
5. Payment.
   Invoices will be provided by HostPipe upon completion of the work for Web Design and any associated services. Invoices are normally sent via email; however, the Customer may elect to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid fifteen (15) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £25 per month of the total amount due.
6. Default.
   Accounts unpaid fifteen (15) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on HostPipe's Web space, HostPipe will, at its discretion, remove all such material from its web space. HostPipe is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay HostPipe reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by HostPipe in enforcing these Terms and Conditions.
7. Termination.
   Termination of services by the Customer 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 Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within fifteen (15) days.
8. Legal Restrictions.
   Terms and Conditions relating to hosting account content and usage may be found here http://www.hostpipe.co.uk/policies.asp
9. Copyright.
   The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants HostPipe the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting HostPipe permission and rights for use of the same and agrees to indemnify and hold harmless HostPipe from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to HostPipe that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
10. Standard Media Delivery.
    Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on floppy disk 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 HostPipe to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.
11. Design Credit.
    A link to HostPipe will appear in either small type or by a small graphic at the bottom of the Customer's Web site. If a graphic is used, it will be designed to fit in with the overall site design.
12. Access Requirements.
    If the Customer's Web site is to be installed on a third-party server, HostPipe must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
13. Post Placement Alterations.
    HostPipe cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
14. Domain Names.
    HostPipe may purchase domain names on behalf of the Customer. Payment and renewal of those domain names is the responsibility of the Customer. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of HostPipe. The Customer should keep a record of the due dates for payment to ensure that payment is received in good time.
15. General.
    These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer's signature below or 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.
16. Governing Law.
    This Agreement shall be governed by English Law.