Terms & Conditions
These terms of business apply to all Net
Magik web hosting packages where
the context admits: "We" includes Net Magik trading in
the United Kingdom or any party acting on Net Magik's
implicit instructions. "You" includes the person purchasing
the Services or any party acting on the customer's
instructions. "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. In consideration
of
the mutual covenants herein, the parties agree
to the following, which shall apply during the
term of this
Agreement:
1. Web Site Hosting And Email
1.1. 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.
1.2 You represent, undertake
and warrant to us that you will use the Web
Site allocated to you only for lawful purposes.
In particular, you represent, warrant and undertake
to us that.
1.2.1 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.
1.2.2 you will not upload,
post, link to or transmit:
(a) any
material which is unlawful, threatening, abusive,
malicious, defamatory, obscene, pornographic,
blasphemous, profane or otherwise objectionable
in any way.
(b) any material containing
a virus or other hostile computer program.
(c) 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.
(d) any material which is
forbidden by our acceptable use policy which
is published at http://www.netmagik.net/hosting/aup.php.
1.2.3 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 unsolicited email.
1.2.4 you will not employ
programs which consume excessive system resources,
including but not limited to processor cycles
and memory.
1.2.5 any file you store on
the Server will be reachable via a hyperlink
from a page on your site.
1.3 We reserve the right to
remove any material which we deem inappropriate
from your Web Site without notice to you.
1.4 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 loss, theft or unauthorised
disclosure of your password or other security
information.
1.5 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.
1.6 You shall procure that
all mail is sent in accordance with applicable
legislation (including data protection legislation)
and in a secure manner.
1.9 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.
1.10 Any access to other networks
connected to Net Magik must comply with the
rules appropriate for those other networks.
1.11 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 for
any other failure of email.
1.12 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.
2. Service Availability
2.1 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.
2.2 We shall have the right
to suspend the Services at any time and for
any reason, generally without notice, but if
such suspension lasts or is to last for more
than 7 days you will be notified of the reason.
3. Payment
3.1 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 and shall be due
and payable in advance of provision of the Services.
3.2 We reserve the right to
change pricing at any time although all pricing
is guaranteed for the period of pre payment.
3.2 Payment is due each anniversary
month, quarter or year following the date the
Services were established until closure notice
is given in accordance with 3.4. If you choose
to pay by credit or debit card you authorise
Net Magik to debit your account renewal fees
from your card.
3.3 All payments must be in
UK Pounds Sterling.
3.4 If your cheque is returned
by the bank as unpaid for any reason, you will
be liable for a "returned cheque" charge of £25.
3.5 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 forthwith to suspend
the provision of Services to you.
4. Termination And Refunds
4.1 We shall
be entitled to suspend the Services and/or terminate
this Agreement forthwith without notice to you
If you:
4.1.1 fail to pay any sums due
to us as they fall due.
4.1.2 break any of these terms
and conditions.
4.1.3 are a company and you
go into insolvent liquidation or suffer the appointment
of an administrator or administrative receiver
or enter into a voluntary arrangement with your
creditors.
4.2 No refunds will be made
under any circumstances for Services suspended
in accordance with 4.1.
4.3 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.
4.4 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.
4.5 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.
4.5.1 Domain name registration
fees, charges for additional data transfer and
charges for optional extras added to your account
are not refundable on this basis.
4.5.2 You will not be entitled
to a refund on this basis if you have previously
held an account with Net Magik
4.6 Where payment has been made
by credit or debit card, any refund will only
be issued to the same credit or debit card.
4.7 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.
7. Indemnity
7.1 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 this Agreement.
8. Limitation Of Liability
8.1 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,
subject always to subclause 8.2.
8.2 Nothing in these terms and
conditions shall exclude our liability for death
or personal injury resulting from our negligence.
8.3 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.
8.4 In any event no claim shall
be brought unless you have notified us of the
claim within one year of it arising.
8.5 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.
9. Notices
9.1 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.
10. Law
10.1 This
Agreement shall be governed by and construed
in accordance with English law and you hereby
submit to the non-exclusive jurisdiction of the
English courts.
11. Headings
11.1 Headings
are included in this Agreement for convenience
only and shall not affect the construction or
interpretation of this Agreement.
12. Entire Agreement
12.1 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 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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