Terms & Conditions

HARPENDENUK.COM

Terms & Conditions

We reserve the right to charge a deposit upon commission.

A cancellation fee may become payable if you withdraw from the commission or put the site ‘on hold’ after work has been commenced for reasons other than dissatisfaction with the work. This fee will be commensurate with the amount of work undertaken to date.

Any estimates or quotations will apply to your initial description of the work required, any additions to this will be charged for accordingly.

All content supplied by the client will be assumed copyright free. We cannot accept responsibility for any copyright issues arising from improper use of copyrighted images or content.

We reserve the right to credit ourselves for the design of any site with appropriate links back to ourselves.

Terms and Conditions (General)

The following terms of business apply to any or all of the services provide by us to you including domain names, web site hosting. “Server” means the computer server equipment (including secure servers) operated by us or our providers in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us/our providers to you for use by you as a site on the Internet.

These terms and conditions are subject to change from time to time without notice and the latest version can be read at www.harpendenuk.com.

WEB SITE HOSTING

1.We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. This does not affect your statutory rights as a consumer.

2.You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:
a. you will not, nor will you authorise or permit any other party to, use the Server in violation of any law or regulation, or violation of any of our Terms and Conditions.
b. you will not knowingly or recklessly post, link to or transmit:
i. any material that is unlawful, threatening, abusive, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way; or
ii. any material containing a virus or other hostile computer program;
iii. you will not post, link to or transmit any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction; and the Terms and Conditions contained here.
iv. you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers.
v. you or your end users will not send any bulk unsolicited email.

3.You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misquoting or any other failure of email.

4.You warrant, undertake and agree that:
a. you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information.

5.Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.

6. If your web site is causing disruption to the other users on the server we reserve the right to remove or suspend the site as we see fit and terminate the agreement forthwith.

7. Bandwidth shall be limited to 5GB of data transfer per month per hosting account (unless otherwise agreed by us in writing).

8. HARPENDENUK.COM is not responsible for the backup of any files on its servers. Should data be erased due to hardware failure or any other reason, we will not be responsible for any resulting financial loss whatsoever.
HARPENDENUK.COM web space and server rental is priced as a non-refundable service and cannot be terminated by the customer for the pre-paid period.
We have the right to terminate our services without giving a refund and without prior notice under the following conditions;
if the customer is consuming our time dealing with unwarranted complaints or legal matters or if the customer is endangering our system or overloading the network.
The server is being used for activities we deem inappropriate.
The server is being used for criminal activities.
The unauthorised use of IP numbers, flooding, sniffing, netmasks, gateways, etc.

GENERAL TERMS AND CONDITIONS SERVICE AVAILABILITY

We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server

CUSTOM ADMINISTRATION AREAS

1. Custom administration areas are provided on a rental basis, should you decide to move to another provider of services any files relating to custom administration areas developed by us will not be released.

2. You will keep secure any identification, password and other confidential information relating to your administration area and you will notify us immediately of any known or suspected unauthorised use of your administration area, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your user name/password information.

SEARCH ENGINE SUBMISSION

1. We cannot guarantee the position of any web site with any search engine, or that a site will be held for any period of time by a search engine.

WEB SITE OWNERSHIP & DOMAIN NAMES

1. All subdomains of harpendenuk.com along with the intellectual property rights are owned by HarpendenUK.com.

2. Should you decide to move to another provider of services any files relating to the web site will not be released.

SENSITIVE INFORMATION

1. If your site collects sensitive information such as debit/credit card details or other personal information and was designed by us we will implement security measures to protect this information. We cannot be held responsible however for any action taken against you as a result of the disclosure or loss of this information in any way. It is your responsibility to ensure that debit/credit card details and other personal information are deleted from the secure server regularly to minimise any risks.

2. It is your responsibility to comply with the requirements of your bankers with regards to the acceptance of online credit card payments.

3. Where we have not designed your web site or any areas within it that accept sensitive information, or we supply hosting only services, it is wholly your responsibility to make sure that any sensitive information is protected.

4. It is your responsibility to make sure that you comply with any requirements of The Data Protection Act and to register where appropriate.

TELEPHONE SUPPORT

Telephone support is provided via a premium rate number concerning issues relating directly to the services we provide to you or you have purchased from us.

INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS

You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations in respect of the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant banks in respect of your operation of an Online Store

INDEMNITY

You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business. This does not affect your statutory rights as a consumer.

TERMINATION

1. We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.
2. We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
3. On termination of the agreement we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of seven (7) days and allow you to collect it at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
4. We may terminate or suspend any web site which is deemed to be causing a disruptive service to our clients as a whole.

PAYMENT

1. All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our web site or for bespoke services according to the estimate / quotation supplied by us to you, and in the manner for the time being prescribed by law and shall be due as indicated on the invoice and under no circumstances payable later than seven (7) days of receipt of our invoice unless we have advised you of alternative payment terms in writing.
2. The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. 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 reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.

LIMITATION OF LIABILITY

1. We hereby exclude all conditions, terms, representations (other than fraudulent 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.
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 and provided that you notify us of any such claim within one year of it arising.
4. 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.

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 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.

LAW

These terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts.

ENTIRE AGREEMENT

These terms and conditions together with any document 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.

COMPLAINTS / REFUNDS

If you have any complaints, or have a dispute, we will act swiftly to resolve them. If you feel you are entitled to a refund on any of our services, we will act swiftly to resolve the matter. Domain Names cannot be refunded under any circumstances.

These terms and conditions apply to HARPENDENUK.COM and all subsidiaries