Terms and Conditions

You indicate acceptance of these terms and conditions of service by placing an order with Ware Welch Web Design (Ware Welch Web Hosting). These terms and conditions will not be varied for individual customers.

Definition of the terminology used within this document:

1. A 'Package' is an amount of webspace and bandwidth with associated services as decided by Ware Welch Web Design.

2. A 'Client' is a person, persons, business or organisation using any of the services provided by Ware Welch Web Design.

3. 'Us' or 'We' means the company Ware Welch Web Design or its representative.

4. 'The Payment Period' shall be the time allowed by Ware Welch Web Design for receipt of all monies owed to Ware Welch Web Design by the client.

5. 'Domain' is the website address as specified by the client.

6. 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).

7. 'Hosting' is a yearly cost to keep a clients website activated online.

8. 'Downtime' means any service interruption in the availability to visitors of the website.

9. 'Spam' means sending unsolicited and/or bulk emails.

10. 'Server' means the computer server equipment operated by Ware Welch Web Design in connection with the provision of the Services.

11. '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".

12. 'VPS' or 'Virtual Private Server' is a software created server residing on a hardware server operated by Ware Welch Web Design or its representative.

13. 'DS' or 'Dedicated Server' is a hardware server operated by Ware Welch Web Design or its representative.

14. 'Service' means any software, hardware, products or support provided by Ware Welch Web Design to the client.

Ware Welch Web Design (Ware Welch Web Hosting) Terms & Conditions

1. The contract between Ware Welch Web Design and the client will be on the conditions listed here, to the exclusion of all other terms and conditions. Any variations to these conditions or alternative conditions shall have no effect unless agreed in writing. You indicate acceptance of these terms and conditions by placing an order with Ware Welch Web Design. These conditions will become effective on the date that a web hosting package, domain name, server, vps, ds or any other service is ordered and shall continue until termination of any agreement or service is declared by either party in writing.

2. Ware Welch Web Design have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities at any time without prior notice to our existing customers. The effect of any changes to these conditions will be effective immediately.

3. Ware Welch Web Design agree to provide domains, packages, servers and services as shall be set out in the Ware Welch Web Design confirmation of order email.

4. Packages supplied by us will not automatically renew after the set date of expiry. Ware Welch Web Design will email clients prior to renewal of services, it is the clients responsibility to renew services at the appropriate time. Failure to renew services will result in the termination of hosting services on our servers. Hosting will then only resume once renewal is requested by the client and payment made in full. Ware Welch Web Design accept no responsibility for loss of services/revenue/domain names or any other problems caused by failure to renew a hosting package, server or domain name.

5. Ware Welch Web Design shall expect the client to carry out sufficient research and preparation before proceeding with a website. This will include checking that the website / idea / business and all content of the website will operate legally within UK law. It is important that the website is not in anyway illegal.

6. Ware Welch Web Design refuse to host any website which intends to 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. Any infringment of this rule will result in immediate deactivation of the website concerned with no refund of fees paid. Ware Welch Web Design can in no way be held responsible for any offence / infringment /illegality which occurs through the posting of such material by any of our clients or former clients.

7. Ware Welch Web Design has no control of, or responsibility for, the content of our client's web sites. In no way does the textual or image based content of our client's web sites imply or constitute Ware Welch Web Design's endorsement or approval of the web site or the material contained within the web site. Ware Welch Web Design has not verified any of the materials, images or information contained within our client's web sites and is not responsible for the content or performance of these sites or for the client's transactions with them. Ware Welch Web Design provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.

8. Ware Welch Web Design reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Ware Welch Web Design but possible, providing Ware Welch Web Design decide upon this option. Ware Welch Web Design reserve the right to refuse a refund for any reason deemed reasonable to us. Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.

9. Ware Welch Web Design will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control.

10. Ware Welch Web Design cannot be held responsible in any way for anything which adversely affects the client's business operations, sales, or profitability which is or is claimed to be a result of any action or service offered by Ware Welch Web Design. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all websites and software are functioning correctly before use. This shall apply even where such adverse affects were reasonably foreseeable or Ware Welch Web Design had been made aware of the possibility of the client incurring a problem or loss.

11. Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.

12. Any scripts, cgi applications or software (unless specifically agreed) written by Ware Welch Web Design remain the copyright of Ware Welch Web Design and may only be commercially reproduced or resold with the permission of Ware Welch Web Design.

13. All images displayed on the client's website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR Ware Welch Web Design, they will be the sole responsibility of the client.

14. Domain names will be registered by Ware Welch Web Design using the clients details as provided to us, unless agreed otherwise with the client in writing. Ware Welch Web Design accept no liability for incorrectly supplied client details and are not obliged to correct these details with nominet or any other registration agent.

15. It is the responsibility of the client to renew their domain names when due. If a domain name expires, Ware Welch Web Design can not be held liable for this. However, if the website is hosted through Ware Welch Web Design, we will make reasonable effort to contact the client regarding domain renewal.

16. When a client renews 'hosting' with Ware Welch Web Design, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their domain name could be made available to the public for purchase and Ware Welch Web Design cannot be held liable for this.

17. Renewal of 'hosting' is due on a yearly or bi-yearly basis depending on the package purchased. The date of renewal will be annually from the date the website was ordered by the client. The 'hosting' will not be renewed if we cannot contact the customer or the customer requests for us not to host this site.

18. The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There may be an administration fee set by Ware Welch Web Design for reactivating the website / hosting.

19. Ware Welch Web Design reserve the right to charge a severence fee as deemed appropriate by Ware Welch Web Design to transfer a clients domain name away from our company.

20. Ware Welch Web Design are not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The client is solely responsible for any information or files relating to their website.

21. Ware Welch Web Design do not allow any of the following content to be stored on its servers: Illegal Material including copyrighted works, commercial audio, video, or music files, and any material in violation of any UK legislation, adult material of any sort including all pornography, erotic images, or otherwise lewd or obscene content. What is considered to constitute "adult material" is left entirely to the discretion of Ware Welch Web Design. We reserve the right to remove material deemed inappropriate from your web pages, without prior notice.

22. Ware Welch Web Design do not provide data backup or restoration facilities for individual customers. Ware Welch Web Design accepts no responsibility for data loss or corruption caused by whatever means. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers as part of your use of the Hosting Services. In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.

23. If a domain name is purchased by the client through a company other than Ware Welch Web Design, the client has full responsibility in making sure that the domain name is renewed when due. Ware Welch Web Design will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Ware Welch Web Design.

24. If 'hosting' is not renewed then all data held in the clients account will be deleted.

25. 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 Ware Welch Web Design and the password will be changed.

26. You may not store more data in your account than your alotted server space.

27. Your server space and ftp account is for your personal use only. You may not rent out or sell on in any way, any of the server space which we provide to a third party. You must not allow any third party to use your server space for any purpose other than to access your website with your permission. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.

28. You may not run server processes (eg. talkers/IRC Bots) from your web space.

29. We reserve the right to cancel your account at any time without notice. We reserve the right to amend and update these Terms and Conditions at any time without notice.

30. Clients must not participate in any form of un-solicited bulk e-mailing or spam. Doing so will result in immediate deactivation of your website and hosting package.

31. Ware Welch Web Design operates a fair use policy and therefore offers unrestricted use of bandwidth with some hosting packages. However, should your bandwidth reach the point where it has an adverse effect on other clients we reserve the right to deactivate your site until you can reduce your bandwidth usage.

32. Unless the hosting package you order includes a dedicated server, you will only be allowed to use a maximum of five per cent of our server's processing capacity when using the hosting package you order. We will let you know if your usage has, or may have, a detrimental effect on our other customers.

33. Ware Welch Web Design do not provide credit facilities.

34. Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and PayPal.

35. Ware Welch Web Design do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined above.

36. Ware Welch Web Design 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.

37. Where Ware Welch Web Design changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.

38. Ware Welch Web Design 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, Ware Welch Web Design makes no warranties or representations that the Service will be uninterrupted or error-free and Ware Welch Web Design shall not, in any event, be liable for interruptions of Service or downtime of the server.

39. The client must not threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others.

40. The client must not engage in illegal or unlawful activities through the Services or via the Website.

41. The client must not 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 obtain or attempt to obtain access, through whatever means, to areas of Ware Welch Web Design's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.

42. The client must not operate or attempt to operate IRC bots or other permanent server processes.

43. The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Ware Welch Web Design is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

44. In no event shall Ware Welch Web Design 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 Ware Welch Web Design had been made aware of the possibility of the Customer incurring such a loss.

45. To protect your privacy we will not distribute your details to third parties, unless required to do so by law.

46. 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.

47. By placing an order through our website, you warrant that you are at least 18 years of age and you are legally capable of entering into binding contracts.

48. By placing an order through our website, you warrant that if you are acting on behalf of a company or other business, you personally have the authority to bind that company or business on whose behalf you are placing an order.

49. Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.

50. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Acceptance Confirmation).

51. Events outside our control

51.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").

51.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

51.2.1 misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);

51.2.2 strikes, lock-outs or other industrial action;

51.2.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

51.2.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

51.2.5 impossibility of the use of public or private telecommunications networks; and

51.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

51.3 Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

52. Our liability

52.1 We do not monitor and will not have any liability for your material or any other communication you transmit, or allow to be transmitted, by virtue of the Hosting Services.

52.2 Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder).

52.3 All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

52.4 We do not exclude or limit in any way our liability:

52.4.1 for death or personal injury caused by our negligence;

52.4.2 under section 2(3) of the Consumer Protection Act 1987;

52.4.3 for fraud or fraudulent misrepresentation; or

52.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

52.5 We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

52.5.1 loss of income or revenue;

52.5.2 loss of business;

52.5.3 loss of profits or contracts;

52.5.4 loss of anticipated savings;

52.5.5 loss of goodwill;

52.5.6 loss of software or data;

52.5.7 wasted expenditure (such as pay per click advertising costs); or

52.5.8 wasted management or office time.

53. We shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement

54. You confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested to be registered.

55. You are responsible for the management, all server software and its performance, configuring email and hosting settings, security settings and network configuration on any Virtual Private Server or Dedicated Server you order from Ware Welch Web Design.

56. We will provide hardware support, power availablity, console access, network availability and control panel licence availability for all Virtual Private Server or Dedicated Server products under our control.

57. Any loss of use, failure, damage, data loss, interruption to services or websites, inaccessability or loss of income relating to a software related failure or misconfiguration on any Virtual Private Server or Dedicated Server products under our control will be the sole responsibility of the client.

58. We will not provide any software support for any Virtual Private Server or Dedicated Server products under our control.