Kualo Website Hosting Terms & Conditions
By paying for website hosting with Greystoke Web Design, you enter into a hosting contract with the following terms & conditions.
Hosting
Your website will be hosted on shared web servers hosting multiple websites. This is a service we source from Kualo. Hosting runs for 1 year, and is payable in advance. It is non refundable.
You may request optional upgrades to your hosting package at any point by requesting this In writing. The cost for this will be pro-rated if purchased midway through your hosting year. These charges are also payable in advance and non-refundable.
Domain Names
You should own your own domain name(s) but if you would like us to purchase and manage this for you instead, we can do so. If we purchase your domains, we promise to transfer them to you on a no-profit basis should you leave us. You agree, in return, to reimburse us for any costs incurred for the transfer, and extension of the domains. Domain name charges may fall due at a different date to hosting charges.
Antivirus
We are not responsible for providing antivirus or malware protection. You should ensure that you have appropriate antivirus and malware protection in place.
Hosting and Domain Renewal
You will ensure that you keep your contact details up to date and inform us of any changes to email address. We will invoice you, by email, for hosting or domain renewal 28 days before the renewal date. We’ll send you reminders every 7 days. If you haven’t paid before the renewal date, we will not renew your hosting and will close your account.
You may cancel your hosting at any point during the annual term, but no refunds will be due.
Price Adjustment
We may change our hosting and support costs at any time. If we do, this will only apply to future hosting periods.
We may change our chargeable hourly rate at any time. We will give you at least 28 days notice of any changes in rates.
Term of Contract, and Termination
This contract will begin on the Start Date, and will remain in full force until terminated by either side. Either party may terminate the contract in writing with 28 days notice.
If you wish to receive a backup of your website on termination, we can provide the latest backup. We reserve the right to levy an administration charge for this, which will not exceed 2 hours of chargeable time.
We can cancel this contract if you breach the Appropriate Use terms and conditions, or for any other material breach.
Legal stuff
We carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be free from errors. We won’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. We won’t be liable for any loss of data resulting from delays, non-deliveries, wrong delivery, or any and all service interruptions caused by us.
Your liability to us will be limited only to the price stated in this contract. You won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
You guarantee the written content you provide is original, or that you have the rights to use it. You also guarantee you have licences to use images which are owned by photographers or have been purchased from stock libraries. You agree to protect us from any claim by owners of copyrighted material. When our work requires licensed fonts or images from stock libraries, we’ll ask you to purchase them so you’ll be licensed to use them. We guarantee our work is original. When you’ve paid us in full, and if this contract hasn’t been terminated we’ll assign intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. For WordPress websites we’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them. You’ll own the graphic files we produce during your project. We’ll give you permission to use these files for any purpose.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design. We’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Confidentiality
Confidential Information is information that, whether business or personal, would reasonably be considered to be private or proprietary to you, that is not generally known, and where the release of the Confidential Information could be reasonably expected to cause harm to you.
Any written or oral information you provide to us, regardless of whether it was provided before or after the date of this contract, or how it provided to us, will be considered Confidential Information.
We agree not to disclose or use for any purpose any Confidential Information we obtain except as authorised by you or required by law. This obligation applies during the contract and will continue to apply indefinitely upon termination of the contract.
Exclusivity
You agree that, whilst this contract is in operation, you will not engage or contract with another third party for the provision of services similar to those we are providing in this contract.
Capacity / Independent Contractor
In providing the Services under this agreement it is expressly acknowledge that we are acting as independent consultants and not as employees. Both parties also acknowledge that this agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Acceptable Use
You are responsible for all content on the website. You will not resell or give away any of the web hosting we provide. You will not allow anyone else to use your site in any way that may breach this contract.
You understand that server downtime, whether for maintenance, or upgrades, or any other reason, can occur, and that there will be no compensation for any downtime in any event.
You agree that you will not use your hosting resources, or allow others to do so, for any unlawful activity or activity that in our opinion brings harm to us or brings us into disrepute, including the storage of:
- Material that infringes any rights (including Intellectual Property Rights) of any third party.
- Material the Supplier may judge to be threatening or obscene.
- Material that encourages criminal acts.
- Pornography or sex-related merchandising, including sites that infer sexual content.
- Material containing any virus, worm or other harmful code.
- Pirated software or files.
- Links to, iframes or any other means of displaying or connecting to any items listed above.
You agree to abide by Kualo’s Resource Usage Policy. This can be found here: http://www.kualo.com/webhosting/resource-usage-policy. You understand that this policy may be updated without notice. In particular you may use your hosting services only for lawful purposes.
You accept that we have final say over what constitutes a violation of these policies, and you acknowledge that your services may be suspended or cancelled in the event of a violation or suspected violation of these policies.
Accounts cancelled due to violation of any of these policies may be liable, at our sole discretion, to an administration fee not to exceed £500.00 GBP.
Payment schedule
As a small business you understand how important it is that bills are paid promptly. We’re also sure you’ll want to stay friends, so you agree to stick tightly to the following payment schedule.
1 year’s annual hosting is due in advance. Renewal will be invoiced 28 days in advance annually so long as this contract is in force.
- 1 years Annual Hosting will fall due on the invoice date.
- Support and Maintenance will be billed monthly in arrears at an hourly rate of £35.
Any additional expenses incurred as part of the project will be agreed by us in advance, and will be due when incurred.
Our standard payment terms are 28 days from the date of invoice.
We issue invoices electronically and our bank account details will be included. Our invoices will be in GBP. If your currency is different, you agree your payments will be the same value.
You agree to pay all charges associated with international transfers of funds. We reserve the right to charge interest on all overdue debts at the rate of 5% per month or part of a month.
Small Print
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.
