Customer Feedback

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. You warrant that you buy our services as a business and not as a consumer.

DEFINITIONS: 

• 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
  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
  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
  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://www.pickaweb.co.uk/support/index.php?_m=tickets&_a=submit
  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.

   

  The Supplier agrees that any information received from the Customer will not be used in any way except for the purposes stated in this agreement.

   

  The Supplier will take reasonable precautions to ensure that any information provided by the Customer is protected against loss, misuse, unauthorized access or disclosure, alteration or destruction.

   

  11. LIMITATION OF LIABILITY

   

  (i)                   The Customer agrees that the Supplier shall, under no circumstances, be liable for any damages resulting from loss of profits or data arising out of or in connection with this Agreement. In particular the Supplier will not be liable for the following:

  (ii)                 interruption of the Customer’s business;
  events beyond the reasonable control of the Supplier;
  application of the Dispute Policy

  (iii)                The Supplier’s maximum aggregate liability shall not exceed the greater of:
  (a) the total amount paid by the Customer for the total of the first Monthly Fee or the Annual Fee, whichever is applicable; or (b) £30.00 (UK Pounds)

  (iv)                Sub section iii) above shall not apply in instances where the Service has been suspended due to non payment of the Service Charge by the Customer.

12. INDEMNIFICATION OF THE SUPPLIER

 

The Customer agrees to indemnify the Supplier and employees and directors against any action arising from action on the part of Registered or Unregistered Users of the Service.

 

This indemnification is in addition to any indemnification required under the Dispute Policy.

13. BREACH AND REVOCATION

 

The Supplier reserves the right to suspend, cancel or refuse delivery of the Service to any Customer in the event that:

(a)     the Customer materially breaches this Agreement;

(b)     the Customer provides false or inaccurate information;

(c)     The Customer breaches the Supplier’s Acceptable Usage Policy

14. FORCE MAJEURE

The Supplier shall not be liable for any delay or failure in performance of its obligations under this Agreement which is due to or results from any acts, events, omissions, happenings or non-happenings beyond its reasonable control including acts of God, strike, work stoppages, governmental regulations, acts or directives, war, riot, fire, flood, civil commotion, equipment or facilities shortages or delays which are experienced by providers of internet services generally, or any circumstances beyond its reasonable control.

15. TERMINATION

Termination may be made by either the Supplier or the Customer with 30 calendar days notice.  Such notice must be in writing in the form of an e-mail.

16. GOVERNING LAW
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, shall be governed by and construed in accordance with the laws of the United Kingdom.

17. STATUTORY RIGHTS

These terms & conditions do not affect your statutory rights as a consumer.