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Pickaweb Web Hosting Terms and Conditions
       
 

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 

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://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.