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KT Web Hosting - Terms & Conditions
TERMS AND CONDITIONS Where the context
admits: "We" includes KT Web T/A KT Web Hosting of: Esk House, 7 Centurion Business Park, Shields Road, Glasgow, G41 1HH, United Kingdom or any party
acting on KT Web T/A KT Web Hosting's implicit instructions. "You"
includes the person purchasing the services or any party acting
on the customer's instructions. "The Registrant" includes the person
applying for a domain name or any party acting on the Registrant's
instructions. "The Registry" the relevant domain names Registry.
In consideration of the mutual covenants herein, the parties agree
to the following, which shall apply during the term of this agreement:
1. Definitions
"Services" means domain name registration, web site hosting, email
and any other service or facility provided by us to you. "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.
2. Domain Name Registration
2.1 We make no representation that the domain name you wish to register
is capable of being registered by or for you or that it will be
registered in your name. You should therefore not assume registration
of your requested domain name(s) until you have been notified that
it has or they have been registered. Any action taken by you before
such notification is at your risk.
2.2 The registration and use of your domain name is subject to the
terms and conditions of use applied by the relevant naming authority;
you shall ensure that you are aware of those terms and conditions
and that you comply with them. You shall have no right to bring
any claim against us in respect of refusal to register a domain
name. Any administration charge paid by you to us shall be non-refundable
notwithstanding refusal by the naming authority to register your
desired name.
2.3 We shall have no liability in respect of the use by you of any
domain name; any dispute between you and any other person must be
resolved between the parties concerned in such dispute.
2.4 We shall not release any domain to another provider unless full
payment for that domain has been received by us.
3. Service Availability
3.1 We shall use our reasonable endeavours to make available to
you at all times the Servers and the Services but we shall not,
in any event, be liable for interruptions of Service or down-time
of the Server that fall with in our guaranteed availability of 99.2%
uptime.
3.2 We shall have the right to suspend the Services at any time
and for any reason, You will be given notification and you will
be notified of the reason prior to suspension of Services.
3.3 The Services provided to you hereunder and your account with
us cannot be transferred or used by anyone other than you. 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; user programs may
be run only during log-in sessions. If your account is found to
have been transferred to another party, or shows other activity
in breach of this subclause, we shall have the right to cancel the
account and terminate the Services and/or this Agreement immediately.
4. Payment
4.1 If any cheque is returned by the bank as unpaid for any reason,
you will be liable for a "returned cheque" charge of £25.
4.2 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
our service provision.
4.3 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.
4.4 Refunds will be only be given if We ourselves suspend Services
for any reason other than use of the Server by you in any manner
which infringes any law or regulation or which infringes the rights
of any third party. Due to the nature of domain name registration,
all sales are final. No refunds of fees for domain name registration
can be issued once a domain name is registered.
5. Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to
enable you lawfully to make use of all and any intellectual property
rights through the Services, including without limitation, clearance
and/or consents in respect of your proposed domain name.
6. Indemnity
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.
Actions of this type would include use of our services that ultimately
infringes any law or regulation or which infringes the rights of
any third party.
7. Termination
Without in any way limiting our rights under subclause 5.3
7.1 if you fail to pay any sums due to us as they fall due, we may
suspend the Services and/or terminate this Agreement forthwith without
notice to you.
7.2 if you break any of these terms and conditions and you fail
to correct the breach within thirty (30) days following written
notice from us specifying the breach, we may terminate this Agreement
forthwith upon written notice.
7.3 if you 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, we shall
be entitled to terminate this Agreement forthwith without notice
to you.
7.4 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 which will include any data held on the servers. We will
make reasonable attempts to notify you of renewal period due and
immanent suspension of services. We will allow you within a reasonable
period to retrieve data from your website subject to payment in
full of all outstanding amounts.
7.5 At any point we shall have the right to cancel the account and
terminate the Services and/or this Agreement immediately if your
use of the Server in any manner 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. You will be given notification
and you will be notified of the reason prior to suspension of Services
8. Limitation Of Liability
LIMITATION OF LIABILITY
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. 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. You must keep current
backups of any data posted to our servers. You shall effect and
maintain adequate insurance cover in respect of any loss or damage
to data stored on the Server.
9. Notices
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. Cancellations
The Client shall be permitted to cancel an order of Services without
reason within 7 days of the date of the order. The Company shall
refund all sums paid made by the Client in full within 30 days of
the notice of cancellation. The Client accepts that Domain Name
Registrations and Pre-registrations supplied by the Company within
7 days of the date of order shall not be subject to the 7 day cancellation
period. The client accepts that cancellation of services including
renewals and such after 7 days of the date of order cannot be refunded.
11. Complaints
Complaint handling is intended to be fair, confidential and effective.
If you have a complaint about our service, simply call us on 44
(0)151 421 1511 or email info@kthosting.co.uk and we will respond
within 5 working days. We will always keep you informed of any issues
with your website - this is one of the ways in which we improve
our service.
12. Law
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.
13. Headings
Headings are included in this Agreement for convenience only and
shall not affect the construction or interpretation of this Agreement.
14. Entire Agreement
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.
This does not affect your statutory rights as a consumer.
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