Terms and Conditions
You indicate acceptance of these terms
and conditions of service by placing an order with "Business Concept
Hosting. These terms and conditions will not be varied for individual
customers.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the
following meanings:
1.1.1 "downtime" means any service interruption in the availability to
visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks, design
rights, applications for any of the foregoing, copyright, topography
rights, database rights, rights in know-how, trade or business names and
other similar rights or obligations, whether registrable or not in any
country;
1.1.3 "BC Host Refers to"Business Concept Hosting
1.1.4 "IP address" stands for internet protocol address which is the
numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by "BC Host
in connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email
and any other services or facilities provided by "BC Host.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer programme that copies itself or is copied
to other storage media, including without limitation magnetic tape
cassettes, memory chips, electronic cartridges, optical discs and
magnetic discs, and destroys, alters or corrupts data, causes damage to
the user's files or creates a nuisance or annoyance to the user and
includes without limitation computer programs commonly referred to as
"worms" or "trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at URL.
1.3 Words denoting the singular shall include the plural and vice versa
and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for
convenience of reference only and are not intended to be part of or to
affect the meaning or interpretation of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide "BC Host with data that will be
hosted on "BC Host's servers and made accessible via the Internet.
2.2 "BC Host provides web hosting services and has agreed to host the
Customer's data upon the following terms and conditions.
3 DUTIES
3.1 "BC Host shall provide to the Customer the Services specified in
their order subject to the following terms and conditions.
3.2 The Customer shall deliver to "BC Host the website and the software
used in the website which is owned by the Customer, or licensed to him
by a third party or "BC Host ("the Customer Software), in a format
specified by "BC Host.
4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and
Visa), debit cards (including Switch/Maestro) and direct debits
4.2 "BC Host do not accept cheques, bank transfers, postal orders, cash
or any other form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be paid by
the Customer.
4.4 "BC Host shall be entitled to charge interest in respect of late
payment of any sum due under this Agreement, which shall accrue from the
date when payment becomes due from day to day until the date of payment
at a rate of 8% per annum above the base rate of the Bank of England
from time to time in force.
4.5 "BC Host do not provide credit facilities.
4.6 From time to time "BC Host may make enquiries on the Customers
company, proprietor or directors of the Customers company with credit
reference agencies. These agencies may record that a search has been
made and share this information with other businesses.
4.7 "BC Host provide "Money-Back Guarantees" on certain products. Should
your product qualify for this guarantee please raise a support ticket at
URL within 30 days of placing your order for a full refund. This
guarantee excludes domain names which may not be cancelled once ordered.
Customers are limited to using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that are
cancelled before then end of the year.
4.9 Should your chosen payment method fail "BC Host will attempt to
settle your invoice using any other payment facilities available on your
account.
4.10 All services will renew until cancelled by the customer. "BC Host
emails the customers primary email address prior to renewal of services,
it is the customers responsibility to cancel services prior to renewal
as no refund can be made once renewal has occurred. Customers must
notify us at least 72 hours before a service is renewed if they wish to
cancel that service. The cancellation process must be fully completed by
you before your account is cancelled.
5 IP ADDRESSES
5.1 "BC Host shall maintain control and ownership of the IP address that
is assigned to the Customer as part of the Services and reserves the
right in its sole discretion to change or remove any and all IP
addresses.
5.2 Where "BC Host changes or removes any IP address it shall use its
reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to "BC
Host ("BC Host's software") in order to use the Services, "BC Host
grants to the Customer and its employees, agents and third party
consultants and contractors, a royalty-free, world-wide,
non-transferable, non-exclusive licence to use "BC Host Software in
object code form only, in accordance with the terms of this Agreement.
For the avoidance of doubt, this Agreement does not transfer or grant to
the Customer any right, title, interest or intellectual property rights
in "BC Host Software.
6.2 In relation to "BC Host's obligations under this Agreement in
connection with the provision of the Services, the Customer grants to
"BC Host a royalty-free, world-wide, non-exclusive licence to use the
Customer Software and all text, graphics, logos, photographs, images,
moving images, sound, illustrations and other material and related
documentation featured, displayed or used in or in relation to the
website ("the Content"). For the avoidance of doubt, this Agreement does
not transfer or grant to "BC Host any right, title, interest or
intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any
third party, sell, lease, license or sublicense "BC Host Software.
6.4 "BC Host may make such copies of the Customer Content as may be
necessary to perform its obligations under this Agreement, including
back up copies of the Content. Upon termination or expiration of this
Agreement, "BC Host shall destroy all such copies of the Content and
other materials provided by the Customer as and when requested by the
Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 "BC Host shall use its reasonable endeavours to make the server and
the Services available to the Customer 100% of the time but because the
Services are provided by means of computer and telecommunications
systems, "BC Host makes no warranties or representations that the
Service will be uninterrupted or error-free and "BC Host shall not, in
any event, be liable for interruptions of Service or downtime of the
server.
7.2 "BC Host carries out data backups for use by "BC Host in the event
of systems failure. "BC Host do not provide data restoration facilities
for individual customers. Even though every effort is made to ensure
data is backed up correctly "BC Host accepts no responsibility for data
loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used for lawful purposes
only and the Customer may not submit, publish or display any content
that breaches any law, statute or regulation. In particular the Customer
agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited
commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or
result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene,
indecent or other unlawful material or information, or any material or
information which infringes any intellectual property rights (for the
avoidance of doubt this includes licensed software distributed as Warez),
via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights
(including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or
via the Website;
8.1.6 make available or upload files to the website or to the Services
that the Customer knows contain a virus, worm, trojan or corrupt data;
or
8.1.7 obtain or attempt to obtain access, through whatever means, to
areas of "BC Host's network or the Services which are identified as
restricted or confidential. This includes leaving your home directory
whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server
processes.
8.2 The Customer has full responsibility for the content of the Website.
For the avoidance of doubt, "BC Host is not obliged to monitor, and will
have no liability for, the content of any communications transmitted by
virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy
outlined in Clause 8.1 "BC Host shall be entitled to withdraw the
Services and terminate the Customer's account without notice.
9 ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer
using the online account management facility, FTP access or SSH access
where available. The Customer will be issued with a user name and
password in order to access the account. The Customer must take all
reasonable steps to maintain the confidentiality of this user name and
password. If the Customer reasonably believes that this information has
become known to any unauthorised person, the Customer agrees to
immediately inform "BC Host and the password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to "BC Host that "BC Host's
use of the Content or the Customer Software in accordance with this
Agreement will not infringe the intellectual property rights of any
third party and that the Customer has the authority to license the
Content and the Customer Software to "BC Host as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not
expressly stated in this Agreement, whether oral or in writing or
whether imposed by statute or operation of law or otherwise, including,
without limitation, the implied warranty of satisfactory quality and
fitness for a particular purpose are hereby excluded. In particular and
without prejudice to that generality, "BC Host shall not be liable to
the Customer as a result of any viruses introduced or passed on to the
Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold "BC Host and its employees and
agents harmless from and against all liabilities, legal fees, damages,
losses, costs and other expenses in relation to any claims or actions
brought against "BC Host arising out of any breach by the Customer of
the terms of this Agreement or other liabilities arising out of or
relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit "BC
Host's liability for death or personal injury resulting from "BC Host's
negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of "BC Host to the Customer in respect of any
claim whatsoever or breach of this Agreement, whether or not arising out
of negligence, shall be limited to the charges paid for the Services
under this Agreement in respect of which the breach has arisen.
12.3 In no event shall "BC Host be liable to the Customer for any loss
of business, loss of opportunity or loss of profits or for any other
indirect or consequential loss or damage whatsoever. This shall apply
even where such a loss was reasonably foreseeable or "BC Host had been
made aware of the possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is
ordered and shall continue until terminated by either party in writing
of its intention to terminate the Agreement.
13.2 "BC Host shall have the right to terminate this Agreement with
immediate effect by notice in writing to the Customer if the Customer
fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in
writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and,
in the case of a breach capable of being remedied, fails to remedy it
within a reasonable time of being given written notice from the other
party to do so; or
13.3.2 the other party commits a material breach of this Agreement which
cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than
for the purpose of solvent amalgamation or reconstruction), or a court
of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially
the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of
or makes or proposes to make any arrangement or composition with its
creditors; or a liquidator, receiver, administrative receiver, manager,
trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice
to any other accrued rights and liabilities of the parties arising in
any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customers account will be
deleted.
14 ASSIGNMENT
14.1 "BC Host may assign or otherwise transfer this Agreement at any
time.
14.2 The Customer may not assign or otherwise transfer this Agreement or
any part of it without "BC Host's prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of
its obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but not limited
to acts of God, strikes, lock outs, accidents, war, fire, the act or
omission of government, highway authorities or any telecommunications
carrier, operator or administration or other competent authority, the
act or omission of any Internet Service Provider, or the delay or
failure in manufacture, production, or supply by third parties of
equipment or services, and the party shall be entitled to a reasonable
extension of its obligations after notifying the other party of the
nature and extent of such events.
16 SEVERANCE
If any provision of this Agreement is held invalid, illegal or
unenforceable for any reason by any Court of competent jurisdiction such
provision shall be severed and the remainder of the provisions hereof
shall continue in full force and effect as if this Agreement had been
agreed with the invalid illegal or unenforceable provision eliminated.
17 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 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 2 days following the date of
posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties
relating to the subject matter and supersedes any previous agreements,
arrangements, undertakings or proposals, oral or written. This Agreement
may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the
law of England and the parties hereby submit to the exclusive
jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until
they appear in the relevant whois database of the top level domain name
registrar. In the event that a domain name is unavailable when we
attempt to register it "BC Host will provide a full refund for that
domain name.
20.2 Please return to the main terms and conditions area of this website
to view terms and conditions for individual domain name registrars.
21 SCRIPTING
"BC Host are not responsible for customer programming issues other than
ensuring that programming languages such as Perl, PHP and ASP are
installed and functioning on the web hosting system.
22 PRIVACY
To protect your privacy we will not distribute your details to third
parties, unless required to do so by law.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer, if
you exceed this amount in any one month your account will be deactivated
until you have upgraded to an account that has more data transfer
included.
23.2 Web hosting accounts are prohibited from hosting file distribution
websites (including but not limited to music, video and software), adult
content orientated websites, hosting banners, graphics or cgi scripts
for other websites, storing pages, files or data as a repository for
other websites or personal computers, giving away web space under a
domain, sub domain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers processing power and
as a result have a detrimental effect on other customers we will discuss
with you alternative solutions for your hosting requirements.
25 AFFILIATE PROGRAMME
Commission earned via the affiliate programme will only be paid by using
a valid direct debit/credit mandate on your account. It is the customers
responsibility to ensure they have this facility. In the event of the
customer not being able to obtain this facility then no commission will
be paid.
26 EMAIL NEWSLETTER
"BC Host communicates with it's customers via email and as such you
agree to receive by email our regular newsletter which contains amongst
other things changes to our terms and conditions, notification of major
outages, updates to our products & features and special offers.
27 WEBSPACE USAGE
Unlimited web space is available for genuine web site content, content
must be linked into web pages. Customers are prohibited from using the
server as a file/backup repository. Customers are expected to employ
good house keeping when maintaining their account.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the
system.