This
Agreement represents the Terms & Conditions which apply
between the Customer & Pickaweb Limited (hereafter referred
to as the Supplier) in relation to the provision of Web
Hosting Services (hereafter referred to as the Service).
By registering for the Service you are acknowledging these
terms & conditions & agree to be bound by them.
Definitions
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Technical
Support
|
means
the receipt and provision of assistance to the Customer
for Valid Enquiries.
|
|
Acceptable
Usage Policy
|
Means
the Supplier’s Acceptable Usage Policy which can be
found at the following link: www.pickaweb.co.uk/acceptableusage.htm
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Annual
Fee
|
Means
a charge payable to the Supplier each year
and for which subsequent payments shall be
made on the same date each year
|
|
Application
Enquiry
|
means
any Registered User enquiry which is concerned with
the functionality of any software application other
than for the purposes of uploading data to the User’s
Web Hosting Space.
This includes but is not restricted to Perl
or CGI scripts or mySQL/SQL and PHP database enquiries
|
|
Bandwidth
|
Means
the amount of network space allocated to the Customer
and is shown in the relevant Hosting Packages
|
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CGI
|
means
Common Gateway Interface
|
|
CGI
Policy
|
Means
the Suppliers Policy relating to the use of CGI and
which can be found at the following link: www.pickaweb.co.uk/acceptableusage.htm
|
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DNS
|
Means
Domain Naming System
|
|
Domain
Name
|
Means
a unique identifying address which represents an internet
website address
|
|
Domain
Name Registration
|
Means
the process for registering a domain name and which
may be offered by the Supplier or a third party. To
view the Supplier’ Domain Name Terms & Conditions,
please go to: http://www.pickaweb.co.uk/terms&conditions.htm
|
|
Domain
Name Registration Fee
|
Means
a Fee payable to the Supplier for the purpose of obtaining
a Domain Name Registration. To view the Supplier’
Domain Name Terms & Conditions, please go to:
http://www.pickaweb.co.uk/terms&conditions.htm
|
|
Dreamweaver
|
means
an HTML Editor produced by Macromedia
|
|
Dreamweaver
Ultradev
|
means
an HTML Editor produced by Macromedia
|
|
E-Mail
Configuration
|
Means
the process of configuring a Registered User’s computer
to connect to the Registered User’s Web Hosting Space
for the purpose of sending & receiving e-mail
using, but not restricted to Microsoft Outlook Express
or versions of Microsoft Outlook
|
E-mail
Facility
|
Means
the provision of electronic mail services using the
Webspace & the Customer’s Domain Name
|
|
Frontpage
|
means
an HTML Editor produced by Microsoft
|
|
FTP
|
means
File Transfer Protocol
|
|
FTP
Program
|
Means
a software program for uploading data from a remote
computer to the Registered User’s Web Hosting Space
using FTP
|
| FuturePay |
An automatic
system for processing recurring fees on a monthly or
annual basis using the Payment Gateway. If the Customer
does not cancel the FuturePay then payment for the Service
Charge shall be automatically charged to the Customer´s
credit or debit card on the monthly or annual anniversary
of the initial Service Charge. The Customer can cancel
the service in accordance with the Termination section
(Section 15) of this agreement. If the Customer does
not Terminate the service then they shall be deemed
to have accepted that they wish to continue the service
& the FuturePay shall continue to process the Service
Charge. |
|
Helpdesk
|
Means
an online facility which allows Customer’s to register
issues relating to the Service and which the Supplier
shall respond to. The Helpdesk can be found at: http://helpdesk.pickaweb.co.uk/newticket.php
|
|
Hosting
Packages
|
Means
the definition of the amount of Webspace, Bandwidth
& E-mail Facilities allocated to the Customer
details of which can be found at: http://www.pickaweb.co.uk/comparehosting.htm
|
|
HTML
|
Means
Hypertext Markup Language
|
|
HTML
Editor
|
Means
a software tool for creating HTML code and includes,
but is not limited to Dreamweaver, Dreamweaver Ultradev
and Frontpage
|
|
Invalid
Enquiries
|
Means
any Application Enquiry; any Script Enquiry; any enquiry
received from Unregistered Users
|
|
Live
Help
|
Means
an internet facility provided by LivePerson Inc. which
allows the Supplier representatives to communicate
with Registered Users.
|
|
Monthly
Fee
|
Means
a charge payable to the Supplier each month and for
which subsequent payments shall be made on the corresponding
date each month. For the purpose of clarity, if the
first Monthly Fee is paid on the 1st June,
subsequent payments will be made on the 1st
of each month. In instances where the first Monthly
Fee is taken on the 29th, 30th
or 31st of the month, the payment shall
be due on the closest preceding date in months where
these dates do not exist.
|
|
MySQL
|
Means
a database management system based on SQL
|
|
Payment
Gateway
|
Means
the internet facility provided by the Supplier to
accept credit & debit card payments and through
which all payments for the Service shall be made by
the Customer
|
|
Perl
|
Means
a
scripting language used to write CGI programs
|
|
PHP
|
Means
a server side scripting language
|
|
Registered
Users
|
Means
the Web Hosting Customers who have been registered
to use the Service and for whom the appropriate charges
have been paid
|
|
Script
Enquiries
|
Means
any enquiry related to the functionality of any software
programme including, but not limited to CGI, Perl,
SQL & PHP
|
|
Service
Charge
|
Means
a charge payable to the Supplier and consists of either
the monthly fee or the annual fee. When the Service
Charge is made initially the system shall set up a
FuturePay.
|
|
Service
Month
|
Means
the period of 1 calendar month immediately following
payment of the Monthly Fee
|
|
Service
Year
|
Means
the period of 1 calendar year immediately following
payment of the Annual Fee
|
|
Spam
|
Please
refer to Spam Policy
|
|
Spam
Policy
|
Means
the Suppliers Policy relating to Spam and which can
be found at the following link: www.pickaweb.co.uk/acceptableusage.htm
|
|
SQL
|
Means
Structured Query Language
|
|
Unregistered
Users
|
Means
any Users who request the Service from the Supplier
who are not Registered Users
|
|
Valid
Enquiries
|
Means
an enquiry received from a Registered User related
to the provision of DNS information, Web Hosting Control
Panel Enquiries, E-mail configuration, uploading a
website to the Registered User’s webspace using an
FTP program (including those built into HTML Editors),
uploading a database to the Registered User’s webspace
using SQL or PHP, assistance with the installation
of Perl or CGI Scripts to the correct location in
the Registered User’s webspace
|
|
Web
Hosting Control Panel
|
Means
a software interface provided by the Supplier and
which forms part of the Registered User’s Web Hosting
Space and which provides a range of web hosting functions
|
|
Web
Hosting Control Panel Enquiries
|
Means
an enquiry received from a Registered User related
to the functions provided by the Web Hosting Control
Panel.
|
|
Webspace
|
Means
the electronic infrastructure which the Supplier provides
the Customer with for the purpose of the Service.
It consists of disk space measured in MB, Bandwidth
& E-mail facilities which are outlined at: http://www.pickaweb.co.uk/comparehosting.htm
|
| Refund Policy |
The
Refund Policy shall be that which is published on the
Supplier’s website at the address: http://www.pickaweb.co.uk/refundpolicy.htm
|
2. SUPPLIER’S RESPONSIBILITIES
The
Supplier is responsible for providing the Customer with
the following:
(i)
Webspace
(ii)
E-Mail
Facility
(iii)
Technical
Support to Registered Users via Live Help or the Helpdesk
for Valid Enquiries
3. EXCLUSIONS FROM THE SERVICE
The
following are specifically excluded from the Service:
(i)
The
cost of Domain name registration is specifically excluded
from the cost of the Service;
(ii)
Advice
or support for Invalid Enquiries;
(iii)
Any
access by the Supplier to the Customer’s Webspace via FTP
or other electronic means unless with prior agreement with
the Registered User
(iv)
Advice
or support to enquiries received from Unregistered Users
(v)
Adult
Content – for further information please refer to our Acceptable
Usage Policy at: www.pickaweb.co.uk/acceptableusage.htm
(vi)
Spam
- for further information please refer to our Acceptable
Usage Policy at: www.pickaweb.co.uk/acceptableusage.htm
(vii)
Any
content which contravenes the Supplier’s Acceptable Usage
Policy at: www.pickaweb.co.uk/acceptableusage.htm
4. CUSTOMER’S RESPONSIBILITIES
The
Customer is responsible for ensuring that they will not
display via the webspace any materials which:
(i)
Break,
contravene, infringe or violate any UK or Foreign Laws or
regulations;
(ii)
Break,
contravene, infringe or violate any intellectual property
rights of Pickaweb Limited or any other third party;
(iii)
Are
defamatory, slanderous or libelous;
(iv)
Are
harassing or threatening;
(v)
Are discriminatory based
on gender, race, age or promotes hate;
(vi)
Violate any Pickaweb policy
posted on the Pickaweb website and which includes but is
not limited to our Acceptable Usage Policy;
(vii)
Contain viruses or other
computer programming defects which result in damage to Pickaweb
or any third party
The Customer accepts that they may only utilize
the Bandwidth allocated to them in the relevant Hosting
Package. Additional Fees which are outlined at: http://www.pickaweb.co.uk/comparehosting.htm
will be charged for exceeding the relevant bandwidth allowance
on the selected Hosting Package.
The Customer accepts that they will use only
properly licensed third party software in relation to the
Service.
The Customer is responsible for ensuring that
they have made back-up files using the Back-up facility
provided as part of the Service via the Web Hosting Control
Panel.
5. CONTACT WITH THE SUPPLIER
The
Customer acknowledges and recognizes that all contact with
the Supplier in the first instance should be made via Live
Help, the Helpdesk or via e-mail to support@pickaweb.co.uk
The
Customer agrees that the Supplier shall offer telephone
support as part of the Service only once the Customer has
placed a call on the Helpdesk & can quote a Helpdesk reference
to assist in the rapid diagnosis of the problem.
The
Refund Policy shall be that which is published on the Supplier’s
website at the address: http://www.pickaweb.co.uk/refundpolicy.htm
6. FEES
The
Service Charge shall be those published on the Supplier’s
website at the address: http://www.pickaweb.co.uk/webhostingservice.htm
Any
changes to the value of the Service Charge shall be notified
by e-mail to the Customer and shall take effect from 30
days of this notification.
The
Service Charge does not include the Domain Name Registration
Fee.
The
Monthly Fee for the Service shall be paid by the Customer
using the Supplier’s Payment Gateway in advance of the applicable
Service Month. The Supplier reserves the right to refuse
service to the Customer should the Monthly Fee not be paid
in advance of the Service Month. In such instances, if a
Customer’s account is suspended there shall be a £10 reactivation
charge, which can only be waived at the Supplier’s sole
discretion.
The
Annual Fee for the Service shall be paid by the Customer
using the Supplier’s Payment Gateway in advance of the applicable
Service Year. The Supplier reserves the right to refuse
service to the Customer should the Annual Fee not be paid
in advance of the Service Year. In such instances, if a
Customer’s account is suspended there shall be a £10 reactivation
charge, which can only be waived at the Supplier’s sole
discretion.
The
Refund Policy shall be that which is published on the Supplier’s
website at the address: http://www.pickaweb.co.uk/refundpolicy.htm
7. DISPUTE POLICY
The
Customer agrees to be bound by the Pickaweb Dispute Policy
which can be found at http://www.pickaweb.co.uk/dispute.htm
The
Customer also agrees that in the event that a dispute arises
with any third party, the Customer shall indemnify and hold
the Supplier harmless pursuant to the terms and conditions
contained in the Dispute Policy.
8. SERVICE REGISTRATION INFORMATION AND ITS USE
The
Customer agrees to provide the Supplier with the following
information in order to process your registration:
Customer
name, Customer company name, mailing address, telephone
number, fax number and e-mail address;
The
Customer agrees to adhere to the requirements of the Supplier’s
Domain Name Registration Terms and Conditions. The Customer’s
attention is drawn to section 10 of these Terms and Conditions
relating to the use of information provided to the Supplier
by the Customer, and in particular the provision of such
information to the relevant Domain Registrars including,
but not limited to, ICANN and Nominet.
To view the Supplier’ Domain Name Terms & Conditions,
please go to: http://www.pickaweb.co.uk/terms&conditions.htm
9. OBLIGATIONS RELATING TO DATA PROVIDED BY THE CUSTOMER
If
the Customer is registering the Service on behalf of a third
party, the Customer hereby confirms that they have received
their prior written consent to do so and their agreement
to these terms and conditions. The Customer hereby indemnifies
the Supplier against any actions or legal proceedings from
any third parties relating to any such registrations.
10. DISCLOSURE AND USE OF REGISTRATION INFORMATION
This
agreement authorises the Supplier to use any information
provided to them as required for the purpose of providing
the Service.
The
Customer hereby irrevocably waives any and all claims and
causes of action that the Customer may have arising from
such disclosure or use of the Service registration information.