Terms and Conditions
The following terms and conditions of business form a binding Agreement between the client and Poldings Ltd (The Hub, IQ Business Park, Fowler Avenue, Farnborough, Hampshire, GU14 7JF).
This Agreement applies to all paid and unpaid services provided by Poldings and is governed by English law and Poldings reserve the right to alter it at any time and without notice.
The Service
Poldings shall follow all reasonable endeavours to make available at all times the server and all services however, Poldings shall not be liable for any scheduled or unscheduled interruption of service.
From time to time we, our suppliers or subcontractors may need to carry out maintenance or other operations that will affect the availability of the services. Whenever possible we shall give you prior notice of planned maintenance however, in the event of emergencies or urgent work, notice may not always be forthcoming.
We or our representatives monitor the performance of servers and endeavour to deal with reductions in operating performance within a reasonable timeframe. However, clients acknowledge that occasional reduction in operating performance is a natural part of the service and is outside of our control and we cannot be held responsible for any reduced performance levels.
Domain Registration
Your domain search is made in 'real time' so if we say your domain is available to be registered then that is indicative of the status of that domain at the time you made the search. We cannot be held responsible if someone registers the domain ahead of you - between the time you search and complete your order.
When you have paid for your domain, the registration will be processed and you will receive a confirmation of a successful or unsuccessful registration.
Only when you receive the 'successful registration' confirmation can you confirm that the domain is registered. Any action taken by you before such notification is at your own risk.
If a domain is successfully registered then the payment for that domain is wholly non-refundable under any circumstance. If a domain is unable to be registered we will contact you to discuss the options which will include your money back or the registration of an alternative domain name.
The registration and use of your domain name is subject to the terms and conditions applied by the relevant registrar and you shall ensure that you are aware of those terms and conditions and that you comply with them.
By registering a UK domain you enter into a contract of registration with Nominet UK under the terms published at http://www.nominet.org.uk. You shall have no right to bring any claim against Poldings in respect of any refusal to register a domain name.
We shall have no liability in respect of the use by you of any domain name and any dispute between you and any other person must be resolved between the parties concerned in such a 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 registrar but will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment for the domain or hosting fees have been received. Domain transfer to another registrar will incur an admin fee that will be invoiced before transfer. Domains can not be transferred away within 60 days of the registration date or within 30 days of the renewal date.
Web Hosting
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the servers and we shall have no liability for any loss or damage to any data stored on the servers. The client represents, undertakes and warrants to use any web space only for lawful purposes and that ...
- The client 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.
- The client will not upload, post, link to or transmit: any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or objectionable in any way.
- The client will not upload, post, link to or transmit: any material containing a virus or other hostile computer program.
- The client will not upload, post, link to or transmit: 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.
- The client will not upload, post, link or share any material forbidden by our Acceptable Use Policy.
- The client will not send spam from our network, nor promote a site hosted on our network using spam..
- The client will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
We reserve the right to remove any material from the server that we deem inappropriate, without prior notice.
The client shall keep secure any identification, password and other confidential information relating to the account and shall notify us immediately of any known or suspected unauthorised use of the account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other information.
While we use every reasonable endeavour to ensure the integrity and security of the server, we do not guarantee that it 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.
Reseller Hosting
Where a reseller account is being used to sell web hosting to third-parties, the reseller shall ensure that a copy of this Agreement and our Acceptable Use Policy (or a relevant interpretation of each) are posted to their own website and provided to their own clients.
It is the responsibility of the reseller to ensure all users are familiar with the conditions of use and that they abide by them at all times. In the event of misuse by a reseller or a reseller's client, we reserve the right to suspend and/or remove the end user web hosting account or the reseller account without prior notice.
Resellers are responsible for managing their own clients and providing direct support for all issues. Reseller's end user clients are not permitted to contact Poldings for support related issues.
Resellers agree to fully indemnify and keep Poldings fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by us and arising from ...
- the use or misuse of the services and/or the resources by your customers
- any claim brought against us by any third party alleging that its intellectual property rights are infringed by the customer's use of the services
Reseller plans are positioned on fully managed, shared UK servers. Poldings provide full management of all aspects of the server to ensure continuation of service and up to date use of software. Resources are allocated proportionately between resellers with usage and server performance managed at all times.
Web Development
Where the client contracts Poldings to undertake any web development work including coding, scripting, database work, security measures or other programming tasks, all due care and attention will be taken to ensure the work is carried out cleanly and efficiently. It is the responsibility of the client to check all work to ensure it is acceptable before paying for the completed work.
Payment will be agreed at the time however, in all cases, the final payment will only be required when the project has completed and the client is satisfied the work is finished to the level they deem acceptable. Only when final payment has been made will the work be released to the client and the project considered complete.
Other conditions may apply but these will be set out and agreed prior to the client making the deposit payment.
Payment
All charges payable for the services shall be in accordance with the scale of charges and rates published on our web site, errors and omissions excepted, and shall be due and payable in advance of provision of the services. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of prepayment. All payments must be in UK Pounds Sterling. If paying by cheque and your cheque is returned by the bank as unpaid for any reason, you will be liable for a 'returned cheque' charge at our discretion.
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, to suspend the provision of services forthwith.
Poldings Ltd are subject to VAT which will be applied to all pricing unless you have registered your status with us as an overseas client exempt from UK tax.
Terminations and Refunds
We shall be entitled to suspend the services and/or terminate any Agreement without notice if you ...
- fail to pay any sums when they fall due
- break any of these terms and conditions
- are a company and go into liquidation, or suffer the appointment of an administrator or administrative receiver, or enter into a voluntary arrangement with your creditors
The client may cancel the services at any time. To do so you must request cancellation of the services in writing (email or post) including your account username and password. We will cancel the services within 2 working days. Only when you receive written confirmation should you consider the cancellation has been actioned.
During the first 14 days of services, you are entitled to a full refund of the hosting fee should you decide to cancel the services. Regardless of your contract or payment term, no refund of any kind will be made after the first 14 days of service should you decide to cancel.
If you cancel within the first 14 days but your account has been found to have broken any part of this Agreement, you will not be entitled to a refund.
Domain name registration fees, SSL fees and any third-party fees incurred during account set-up, are not refundable under any circumstances.
You will not be entitled to the 14 day refund period for a new account if you have previously held an account with Poldings.
Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
On termination of any Agreement or suspension of the services, we shall be entitled immediately to stop access to your web space and remove all data located there.
Limitations and Liabilities
In no event shall we be liable to the client for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss. This applies to all eventualities, including any downtime or any loss of data or information.
Intellectual Property Rights
We, or our licensors, own all Intellectual Property Rights (IPR) regarding all aspects of our service and software. As a client, you have no claim over the IPR of the service or software provided through the Poldings service.
Software
Where we license software owned by third parties to you, you agree that you shall comply with any license terms of such third parties.
Exceeding Allocation
Web Hosting Clients ... if you reach 80% of the allocated bandwidth or webspace your plan has, we will send you an email alert to let you know. You can then decide whether to upgrade your account. If you reach 100% of allocation for bandwidth or webspace, we will send you another email alert however, at this point your account will be suspended until you make the appropriate upgrade or until the bandwidth allocation has been reset at the beginning of the next month.
Reseller Hosting Clients ... you are limited by the allocation of webspace and bandwidth which you cannot exceed. If you begin to use up all of your allocation, you will be alerted by the system that your available resources are limited, at which time simply notify us that you wish to upgrade and we will make the necessary adjustments to your account.
Notices
Any notice to be given by either party to the other may be sent by email or recorded delivery to the address of the other party. General announcements from Poldings will be posted to the website. Any key announcements will be sent by email to the person named in the Billing Centre.
Renewals
Annual hosting plans fall due at the end of the account term (12 months). Monthly hosting plans fall due on the same day of the following month. The client will receive an invoice email 21 days prior to the due date, advising that the hosting is due for renewal. The notification will highlight the account, the renewal date and the amount due. If the client has stored acceptable payment details online then we will automatically attempt to take payment when it falls due. If the client has chosen not to store payment details then the client will need to manually make payment for each invoice due.
All payments are final. If a client has previously instructed us to take a renewal payment when it falls due and thereafter cancels the renewal, a refund will only be issued at our discretion but the client will incur a charge equivalent to £10 or 10% whichever is deemed more appropriate.
Domains for renewal must be paid for by the due date. If a domain is not paid by the due date, we will be unable to guarantee renewal or the cost of renewal.
Any overdue account will receive a reminder email on the renewal date. The client will then have 72 hours to make payment before the account is suspended. After suspension, if payment is not made within a further 72 hours, we reserve the right to remove the account and/or domain from the server without further notification.
If a client instructs us that they do not wish to renew a hosting plan or domain name or SSL certificate, Poldings will remove access to the service immediately.
Renewal terms apply to all forms of acceptable payment.
Privacy
Your information will not be sold or released to any third-party in connection with marketing or selling or promoting their services to you. We take privacy very seriously and we will never sell or distribute your details to any one.
In order to make you aware of essential developments and changes to our service, we operate two customer mailing lists and you will be added to both of them.
System Notices
This mail is sent out whenever we have any news or information regarding our system and services that may affect you directly. This might include but is not limited to: planned maintenance and upgrades. Due to the nature of these mailings and their importance to your service, you will not be able to unsubscribe from receiving them.
Sales Notices
We send a general newsletter with newsworthy information regarding websites in general plus any promotional items we have on offer at the time. It is optional whether you receive this mail and you will be able to unsubscribe at any time.
Reminder Notices
We will also contact you regarding renewal reminders, late notices and any support matters arising.
Entire Agreement
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.
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