Version: 01/01/2004
All Users of services
provided by Purple Squared Limited, by use of such services, accept the
terms of business set out in the form of the service agreement which follows,
irrespective of the mode or manner of ordering employed by the User when
ordering the services.
NOTE: Spamming, or the
sending of unsolicited email from a Purple Squared Limited server or using
an email address that is maintained on a Purple Squared Limited machine
or advertising a website that is hosted on the Purple Squared network
is STRICTLY PROHIBITED. See subclause 3.7 for more details.
This Agreement is made between
Purple Squared Limited of 48 Queens Road, Kenilworth, Warwickshire, CV8
1JS ("we") and the user:
Name:
_________________________________
Of:
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
("you").
The Date of this Agreement is:
_________________________ / 20___
The following constitutes the
terms and conditions under which Purple Squared Limited trades and supplies
its services and related products. These conditions, in conjunction with
the details as shown on the Purple Squared Limited order form (where completed)
represent the totality of the agreement and form the Contract between
Purple Squared Limited and the User. For the avoidance of doubt this does
not affect your statutory rights as a consumer.
Any agreed variation or alteration
to part of these Terms and Conditions as annexed to this Contract will
not invalidate the remainder or whole. Any alteration or addition to the
supplies instructed on the order will require to be the subject of a new
order. Purple Squared Limited is entitled to suspend services if the User
does not adhere to any or several conditions on this Contract.
1. DEFINITIONS
In this Contract unless the context
otherwise requires:
"Service" or "Services"
means domain name registration, Virtual Server hosting, Web Space hosting,
bandwidth provision, email and any other service or facility provided
by us to you including specifically but not exclusively the services named
"Personal Suite", "Business Server", "Professional
Server" and "Commercial Server".
"Server" means the
computer server equipment operated by us or provided by you in connection
with the provision of Services;
"Virtual Server" means
the area on the Server allocated by us to you for use by you as a site
on the Internet;
"Web Space" means the
area on the Server allocated by us to you for use by you as a site on
the Internet;
"Registry" means the
system that domain names are held by Purple Squared. Registry can also
be used to describe other providers domain name system.
"Registrar" means the
company or person that owns or controls a registry system for domain names.
"Purple Squared" means
Purple Squared Limited, incorporated in England, company number 3850255,
registered office: 48 Queens Road, Kenilworth, Warwickshire, CV8 1JS;
"Contract" means the
contract between Purple Squared and the User incorporating these conditions,
the Purple Squared Order Form (where completed) and Purple Squared's published
charges for the provision of its services. References to "Agreement"
shall where the context admits, be read as referring to the Contract;
"Charges" means the
charges as agreed on the Order Form (where completed) and Purple Squared's
latest published prices for products and services requested or incurred
during the Contract period;
"bandwidth" means the
allocated transmission capacity, measured in bits per second, of the network
connection as specified in the Contract;
"data transfer" means
all traffic that passes through the Server including specifically but
not exclusively web traffic, Email, FTP transfers and any Telnet session
data;
"Site" means the premises
or location at which Service is or is to be provided under the Contract;
"Equipment" means equipment
which is supplied by or on behalf of Purple Squared to the customer or
placed at or on a Site for purposes of providing Service;
"Internet" means the
global data network comprising Internet connected networks using TCP/IP
(Transmission Control Protocol/Internet Protocol) Internet Standards mean
the protocols and standards defined in the following Internet documents:
RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards
appropriate;
"User" means you, the
customer, or any person who makes use of the services through you or on
behalf of you;
"Initial Contract Term"
means the initial period of services as specified in clause 7;
"Extension Term" means
each successive period of twelve months after the initial contract term.
"Support Request" means
the accepted method in which a Customer may request the modification,
addition, deletion of any service or the reporting of a fault of any service
that Purple Squared provides.
"Secure Online Control Centre"
or "Online Control Centre" or "Control Centre" means
the secure location of the Purple Squared website that allows Customers
to add, modify or delete any service that Purple Squared provides or to
report any faults or errors to any department of Purple Squared. This
is located at http://control.purplesquared.co.uk/
2. DOMAIN NAME REGISTRATION AND
RELATED SERVICES
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
own 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. For UK domain names you must make yourself aware of the Terms
and Conditions of Nominet UK which can be found at http://www.nominet.org.uk/ref/terms.html.
You shall have no right to bring any claim against us in respect of refusal
to register a domain name or cancellation of the domain name by the relevant
naming authority. 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. If any such dispute arises, we
shall be entitled at our discretion and without giving any reason, to
withhold, suspend or cancel the domain name. We shall also be entitled
to make representations to the relevant naming authority but will not
be obliged to take part in any such dispute;
2.4 Purple Squared shall be entitled to withhold the release of any domain
name to another provider or "tag holder" unless full payment
of all amounts due to us at the time for whatever reason has been received
by us;
2.5 We give no warranty that your domain name is or will continue to be
available for use or that no domain name is or will be registered which
conflicts with your domain name or which otherwise affects use of your
domain name;
2.6 New domain names will not be registered to anyone until we have received
full payment for that domain name or services associated with the registering
of domain names;
2.7 We will not renew any domain names associated with any Customer unless
we have received written notice that we are to do so by the registrant
or Customer associated with the domain names. By giving us written notice
you are stating that you will pay the fees associated with renewing the
domain names. If payment is not received on or before the renewal date
we reserve the right not to renew the domain names;
2.8 While we may from time to time send email notices reminding you of
the renewal of your domain names, we are under no obligation to do so.
We are also under no obligation to invoice you for the renewal of your
domain name should we not receive a notice of your wish to renew your
domain name;
2.9 Requests for transfer of your domain names from our Registry to another,
or the modification of your domain names services, will only be accepted
if received in the agreed secure methods as specified in Clause 13;
2.10 Requests for transfers of your domain name(s) from another Registry
to ours will only be accepted if received in the agreed methods and once
full payment, if required, has been received. If we have not received
payment for the transfer of a domain name from another Registry to ours
and the transfer is complete you agree that we may disable access to that
domain name and/or send it back to the original registrar;
2.11 Upon successfull registration or transfer of your domain name(s)
to our registry we will assign ourselves as the Administrative, Technical
and Billing contact or the equivalent;
2.12 You will not use the services associated with domain name registration
in any manner which 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. This includes using forwarding to link or post:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or otherwise objectionable
in any way;
(b) any material containing a virus or other hostile computer program;
(c) any material which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of
any person which may subsist under the laws of any jurisdiction. Your
attention is drawn to the provisions of subclause 9.3 below;
3. VIRTUAL SERVER HOSTING, DEDICATED
SERVER HOSTING AND EMAIL
3.1 We make no representation and give no warranty as to the accuracy
or quality of information received by any person via the Server and we
shall have no liability for any loss or damage to any data stored on the
Server;
3.2 You shall effect and maintain adequate insurance cover in respect
of any loss or damage to data stored on the Server;
3.3 You represent, undertake and warrant to us that you will use the Web
Site allocated to you only for lawful purposes. In particular, you represent,
warrant and undertake to us that:
3.3.1 you will not use the Server in any manner which 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;
3.3.2 you will not post, link or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or otherwise objectionable
in any way;
(b) any material containing a virus or other hostile computer program;
(c) any material which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of
any person which may subsist under the laws of any jurisdiction. Your
attention is drawn to the provisions of subclause 9.3 below;
3.4 You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of
any known or suspected unauthorised use of your account or breach of security,
including loss, theft or unauthorised disclosure of your password or other
security information;
3.5 You shall observe the procedures which we may from time to time prescribe
and shall make no use of the Server which is detrimental to our other
customers;
3.6 You shall procure that all Email is sent in accordance with applicable
legislation (including data protection legislation) and a secure manner;
3.7 The sending of unsolicited email using an email address or computer
hosted on the Purple Squared network or advertising a domain name or web
site hosted on the Purple Squared network is strictly prohibited. If we
receive reports that you have been sending unsolicited email you will
be required to provide us with undesputable evidence that you have obtained
the reporters email address legitimatley. This may include:
(a) a submitted online form that clearly shows the reporter has submitted
their email address to you for use in advertising. This online form must
record the date, time and IP address of the user submitting their details
to you or keep a record of an email sent confirming their wish to receive
advertisments;
(b) a completed offline form that clearly shows the reporter has submitted
their email address to you for use in advertising;
(c) a purchased mailing list showing the reporters email address, where
the list was purchased from and how the email address(es) was added to
the list;
Failure to produce satisfactory evidence will result in the immediate
suspension of all services until we receive adequate notice that no further
reports of unsolicited email will be received;
3.8 In the case of an individual User, you warrant that you are at least
18 years of age and if the User is a company, you warrant that the Services
will not be used by anyone under the age of 18 years;
3.9 Any access to other networks connected to Purple Squared must comply
with rules appropriate for those other networks;
3.10 While we will use every reasonable endeavour to ensure the integrity
and security of the Server, we do not guarantee that the Server will be
free from unauthorised users or hackers or from corruption by virus and
we shall be under no liability for non-receipt or misrouting of email
or for any other failure of email or damage to data or operations;
3.11 Customers applying for the "Personal MVS" Virtual Server
hosting service will at all times be subject to system restrictions as
detailed on our website from time to time, including specifically, but
not exclusively, a limit of no more than 25MB of data storage space unless
otherwise stipulated on our Web Site or by email communication to the
customer. "Personal MVS" Virtual Server hosting includes 250MB
of data transfer per month. Additional data transfer usage will be charged
at current published prices;
3.12 Customers applying for the "Business MVS" Virtual Server
hosting service will, at all times, be subject to system restrictions
as detailed on our Web Site from time to time, including specifically,
but not exclusively, a limit of no more than 50MB of data storage space
unless otherwise stipulated on our Web Site or by email communication
to the customer. "Business Server" Virtual Server hosting includes
500MB of data transfer per month. Additional data transfer usage will
be charged at current published prices;
3.13 Customers applying for the "Professional MVS" Virtual Server
hosting service will, at all times, be subject to system restrictions
as detailed on our Web Site from time to time, including specifically,
but not exclusively, a limit of no more than 100MB of data storage space
unless otherwise stipulated on our Web Site or by email communication
to the customer. "Professional MVS" Virtual Server hosting includes
1,000MB of data transfer per month. Additional data transfer usage will
be charged at current published prices;
3.14 Customers applying for the "Business VS" Virtual Server
hosting service will at all times be subject to system restrictions as
detailed on our Web Site from time to time, including specifically, but
not exclusively, a limit of no more than 250MB of data storage space unless
otherwise stipulated on our Web Site or by email communication to the
customer. "Business VS" Virtual Server hosting includes 2,500MB
of data transfer per month. Additional data transfer usage will be charged
at current published prices;
3.15 Customers applying for the "Professional VS" Virtual Server
hosting service will at all times be subject to system restrictions as
detailed on our Web Site from time to time, including specifically, but
not exclusively, a limit of no more than 500MB of data storage space unless
otherwise stipulated on our Web Site or by email communication to the
customer. "Professional VS" Virtual Server hosting includes
5,000MB of data transfer per month. Additional data transfer usage will
be charged at current published prices;
3.16 Customers applying for the "Commercial VS" Virtual Server
hosting service will at all times be subject to system restrictions as
detailed on our Web Site from time to time, including specifically, but
not exclusively, a limit of no more than 1,000MB of data storage space
unless otherwise stipulated on our Web Site or by email communication
to the customer. "Commercial VS" Virtual Server hosting includes
10,000MB of data transfer per month. Additional data transfer usage will
be charged at current published prices;
3.17 Customers applying for the "Professional DS" Dedicated
Server hosting service will at all times be subject to system restrictions
as detailed on our Web Site from time to time, including specifically,
but not exclusively, a limit of no more than 2,500MB of data storage space
unless otherwise stipulated on our Web Site or by email communication
to the customer. "Professional DS " Dedicated Server hosting
includes 25,000MB of data transfer per month. Additional data transfer
usage will be charged at current published prices;
3.18 Customers applying for the "Commercial DS" Dedicated Server
hosting service will at all times be subject to system restrictions as
detailed on our Web Site from time to time, including specifically, but
not exclusively, a limit of no more than 5,000MB of data storage space
unless otherwise stipulated on our Web Site or by email communication
to the customer. "Commercial DS " Dedicated Server hosting includes
50,000MB of data transfer per month. Additional data transfer usage will
be charged at current published prices;
3.19 Customers applying for the "Corporate DS" Dedicated Server
hosting service will at all times be subject to system restrictions as
detailed on our Web Site from time to time, including specifically, but
not exclusively, a limit of no more than 10,000MB of data storage space
unless otherwise stipulated on our Web Site or by email communication
to the customer. "Professional DS " Dedicated Server hosting
includes 100,000MB of data transfer per month. Additional data transfer
usage will be charged at current published prices;
3.20 Customer applying for the "Custom DS" Dedicated Server
hosting service will at all times be subject to system restrictions as
detailed on the Order Form where completed including specifically, but
not exclusively, a limit of your specified data storage space in MB. "Customer
DS" Dedicated Server hosting will include a set amount of data transfer
as specified by the User on the Order Form where completed. Additional
data transfer usage will be charged at the current published prices;
3.21 Customers upgrading or downgrading an existing account will not be
allowed to maintain use of the previous account after upgrading or downgrading
has been completed.
3.22 The 30 day money back guarantee gives the customer the right to cancel
their hosting service during the first 30 days and receive a refund under
the following terms:
(a) a refund is only available for the first 30 days of service. This
30 day period commences on the day we send a confirmation email that states
the hosting service has been created;
(b) any requests to cancel the hosting service after the first 30 days
of service will not be accepted unless the request is after the initial
contract term (see clause 7);
(c) the amount refunded will be equal to the amount paid for the hosting
service only. Other amounts paid for extra services is non-refundable.
Extra services include but is not limited to domain name registration,
secure server certificates, additional IP addresses, unique nameservers
and Spam Trap email accounts;
(d) you are liable to pay any excess bandwidth charges brought upon the
account even if the hosting service has been or is due to be cancelled
under the 30 day money back guarantee offer;
(e) we reserve the right to withhold or cancel any domain name registered
as free that is associated with the account being cancelled under the
30 day money back guarantee unless you are willing to pay our currently
published registration cost;
3.23 Customer applying for a hosting service will be entitled to register
a free domain name. The free domain name is available under the following
conditions:
(a) there is a limit of one free domain name per hosting service;
(b) we reserve the right to register the free domain name under our ownership;
(c) you must specify the free domain name you require at the time of order.
Any request for applications of a free domain name after the associated
hosting service is created will not be accepted;
(d) free domain names registration is subject to availability;
(e) if you have cancelled the hosting service and you wish to retain the
domain name after it has expired, you will have to pay the currently published
renewal fee;
(f) transferring the free domain name away from us will remove our obligation
to provide you with that domain name for free; you will be responsible
for paying the fees incurred from the gaining registrar, if any;
3.24 The Emergency Pager Service applies only to customers with a virtual
and dedicated server. The ability to use this option will only become
available if you have a virtual or dedicated server associated with your
account. The following policy applied to the Emergency Pager service:
(a) do not use the Emergency Pager Service during opening hours. A telephone
call or high priority support request to the relevant department is sufficient.
Doing so will be considered abuse of the service;
(b) do not use the Emergency Pager Service if the resolution is available
by reading the online support documentation that we provide. Doing so
will be considered abuse of the service;
(c) do not use the Emergency Pager Service to notify us of any issues
that could wait until the next working day. These issues include but are
not restricted to a fault with the secure Online Control Centre billing
or order system, domain name transfer, registration or renewal issues,
anything that is covered in our online support documentation, any possible
errors that may occur that we have already notified you about either by
email or in the news section of your control centre, any website scripts
uploaded or installed, any functions on the server that have not been
installed if we were not requested to install them, email or web forwarding
issues and any issue that can have a temporary resolve until the next
working day. Please note that abuse of the Emergency Pager Service is
decided by the support engineer responding to the page request and therefore
some issues may not have been outlined here;
(d) abuse of the Emergency Pager Service will result in a charge of £25+VAT
being placed on your account. Constant abuse of the service will result
in the withdrawl of the Emergency Pager Service from your Secure Online
Control Centre;
(e) you are required to take all reasonable steps to ensure that the problem
you may report is not as a result of a fault with any of your computer
equipment or your ISP;
4. WEB SITE DESIGN
4.1 The final specifications of the website will be outlined in writing
and will be made available to Purple Squared Ltd before work commences.
4.2 Any changes to the final specification of your site shall be made
known to us in the form of writing. Work shall not commence on these changes
until Purple Squared has notified the customer that it agrees to do so.
A new contract may be required if the changes submitted are significant.
This contract may be cancelled should Purple Squared Ltd not agree to
the changes submitted.
4.3 Purple Squared Ltd endeavour to make the website fully functional
as outlined in your final specifications, however, we cannot guarantee
that your site shall be fully functional on all website browsers and operating
systems. The website shall be checked using the systems that Purple Squared
Ltd have available at that time. If the website is required to be functional
on a specific browser or operating system you may be required to provide
Purple Squared Ltd with the hardware or software to do so.
4.4 All work carried out on the website is kept confidential and shall
be uploaded to a temporary password protected directory. The username
and password is supplied to the account holder only. We will not be responsible
for access by anyone other than the account holder.
4.5 All content, design and work regarding the website shall remain the
property of Purple Squared Ltd until full payment has been received and
cleared. Purple Squared Ltd reserves the right to use any methods of design
(including but not limited to HTML, Java, PHP) on other work.
4.6 A deposit shall be required before work can commence on the creation
of your website. This may be between 25% and 50% of the agreed quote.
An invoice for the deposit will be sent to you once this contract has
been signed and received by Purple Squared Ltd.
4.7 You agree to pay the charges as outlined within the quote sent to
you in writing on an earlier date. You are aware that the quoted price
is an estimate only and may differ from the final price. If the final
price total exceeds 15% of the estimated price total, you have the right
to cancel this contract.
4.8 Any changes that are required once the website has been completed
are charged at the currently published hourly rates. There is a minimum
charge of 1 hour. However, any changes that are required once the website
has been completed that are due to mistakes made by Purple Squared Ltd
shall not be charged at our discretion.
4.9 Purple Squared Ltd shall not be held responsible for the traffic to
your website or lack thereof. We will not be liable for actions carried
out by website visitors.
4.10 Purple Squared Ltd shall not be held responsible for any material
that is found on your website to be unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable
in any way, any material that contains a virus or other hostile computer
program, any material which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of
any person which may subsist under the laws of any jurisdiction during
or after work under this contract.
4.11 Our Search Engine Submission Service, if included within this agreement,
does not guarantee you a position in the relevant Search Engine(s) unless
otherwise stated in writing
4.12 The Customer reserves the right to cancel this agreement as outlined
in the above clauses. All payments made to Purple Squared Ltd for domain
name registration(s) and website design deposits will not be refunded.
All design work will remain the property and copyright of Purple Squared
Ltd. Any similarities found to future websites owned by the customer to
work carried out by Purple Squared Ltd will become the knowledge of our
solicitors and further action will be taken.
5. RESELLING
5.1 If you are or become a reseller of our Services you will continue
to be bound by these terms and conditions; you will be responsible for
ensuring that your customers are bound by terms and conditions that adequately
reflect and give effect to these terms and conditions;
5.2 You shall not incur or purport to incur on our behalf any liability
nor in any way pledge or purport to pledge our credit or to make any contract
bindings on us;
5.3 You may resell the Purple Squared Service provided that you have paid
our Charges and that you do so based on your own technical and legal responsibility
and never sell bandwidth or speed of Service greater than that you have
contracted to purchase from Purple Squared. Furthermore, you must not
purport or claim that the resale is a resale of the Purple Squared Service.
You will hold Purple Squared indemnified against any claims from a party
to whom you have resold and will ensure that your own terms and conditions
in any resale Contract include and comply with the provisions of this
agreement. If Purple Squared agrees any change in Service this Contract
is to be treated as varied accordingly;
5.4 No default by your customers shall in any way affect, modify or limit
your obligation under the Contract;
6. PURPLE SQUARED SERVICE
6.1 Connection to the Purple Squared Service is via a fixed telecommunications
link or dial up connection. This Contract, unless specifically stated
on the order form does not include the provision of telecommunications
services necessary for connection to the Purple Squared Service;
6.2 Requests relating to the provision of Service are, unless otherwise
agreed to be or made in the methods as outlined in clause 13;
6.3 Purple Squared will use all reasonable endeavours to adhere to any
dates proposed by either Purple Squared or you for the provision of Service,
however any such date is to be treated as an estimate only and Purple
Squared accepts no liability for failure to meet such dates;
6.4 Purple Squared will use all reasonable endeavours to provide a reliable
Service, however it is not practicable to provide such a Service free
of faults and Purple Squared does not undertake to do so. In the event
of a fault in Service, you must report the fault by submitting a Support
Request through the Secure Online Control Centre. Should the Secure Online
Control Centre be unavailavle to you for any reason we will accept an
email or telephone call at the appropriate numbers or addresses or other
such numbers or addresses that Purple Squared may from time to time provide.
Upon receipt of the fault report, Purple Squared will take all proper
steps without undue delay to correct the fault. Purple Squared shall not,
in any event, be liable for interruptions of Service or downtime of a
Server;
6.5 Purple Squared may:
(a) temporarily suspend for the purpose of repair, maintenance or improvement,
part or all of Purple Squared's service, generally without notice. Purple
Squared undertakes to use reasonable endeavours to restore Service as
soon as practicable after any such suspension;
(b) give or update instructions regarding the use of Service which Purple
Squared's reasonable opinion is necessary in the interests of safety,
or to maintain or improve the quality of Service to Purple Squared's customers
and any such instructions shall whilst they are in force, be deemed to
form part of this contract;
(c) vary the technical specification of Service for operational reasons;
6.6 It may be necessary from time to time for maintenance of Virtual Server
or Dedicated Server host servers. In this case the customer shall be notified
of this maintenance by posting within the Secure Online Control Centre
or email. In the case of regular maintenance, notice will be given at
least 48 hours in advance. Urgent, unforseen maintenance notice shall
be given as soon as possible.
6.7 The Customer is solely responsible for providing Purple Squared with
accurate and current contact information for the Customer's designated
points of contact. Purple Squared will be relieved of all its obligations
in this agreement if Purple Squared's contact information for the Customer
is out of date or inaccurate due to the Customer's action or omission
or if Purple Squared's failure is due to reasons of Force Majeur or other
circumstances beyond Purple Squared's reasonable control as defined in
clause 14 of these terms.
7. COMMENCEMENT AND INITIAL PERIOD
OF SERVICE
The Service shall be for an initial period as specified on the Order Form
(where completed). The Service, unless otherwise agreed on the Order Form
(where completed), shall be provided for an Initial Contract Term of twelve
months. The Initial Contract Term shall commence upon connection. Connection
shall be deemed to be effected when the link is first live to the your
Site or other such point as requested by you, to the Purple Squared network.
8. BANDWIDTH AND DATA TRANSFER
UTILISATION
8.1 If the data transfer exceeds the agreed quota in a one month minimum
period, you agree to pay excess charges at the currently published price;
8.2 You agree that the data transfer allowance is a guideline to acceptable
use only and is not an imposed limit; Your data transfer may exceed your
agreed allowance by any amount at any time;
8.3 It is the responsibility of the customer to note their own usage of
data transfer through the Secure Online Control Centre. We are under no
obligation to do so on behalf of the customer or to warn them of exceptionally
high usage.
9. CONTENT AND MISUSE
9.1 You will use all reasonable endeavours to ensure that the Purple Squared
Service is used or includes content that conforms to the laws of this
country (Great Britain) and will not knowingly permit any illegal use
or such use that will bring Purple Squared into disrepute;
9.2 You must not, nor must any other person use the Service to send or
receive any material which is offensive, abusive, indecent, obscene, pornographic
or menacing, or in breach of confidence, copyright, privacy or any other
rights; to cause annoyance, inconvenience or needless anxiety, or in breach
of any provisions as contained within clauses 3 and 5 of this Contract,
or any other that in conformance with the acceptable use of policies of
any connected networks and the Internet Standards;
9.3 Purple Squared may discontinue Service immediately if the User is
found to have carried out or permitted any illegal or disreputable use
that is prohibited by these terms. If Purple Squared suspends service
for contravention of the above conditions of this clause, Purple Squared
can refuse to restore Service until it receives an acceptable assurance
from the User that there will be no further contravention;
10. CHARGES AND PAYMENT
10.1 All payments must be in UK Pounds Sterling in the methods outlined
as acceptable on our website or on the invoice no later than 14 days from
the "Invoice date" and not the "Tax Point";
10.2 If your cheque is returned by the bank as unpaid for any reason,
you will be liable for a "returned cheque" charge of £25;
10.3 All Charges payable by you for the Service shall be in accordance
with the scale of charges and rates published from time to time by us
on our Website or on the Order Form (where completed) and shall be due
and payable in advance on our service provision. Charges are exclusive
of 'Value Added Tax' which shall, if applicable, be paid additionally
by you at the rate prescribed by law on submission by us of a proper VAT
invoice;
10.4 All Charges unless otherwise agreed are payable in advance. Unless
otherwise specified and agreed, setup and installation charges are payable
on order. Purple Squared agrees to be party to this Contract upon Purple
Squared's acceptance of cleared funds covering first invoice or the first
payment under the Order Form (where completed). Recurring charges are
payable on connection as defined in subclause 6.1 of this agreement and
thereafter on or before the same day (the due date) of all subsequent
months under the minimum Contract term. If payment is not received on
or before the due date Purple Squared reserves the right to immediately
withdraw, suspend or limit service and will charge the User a failure
fee of 3% of the amount overdue per month;
10.5 Without prejudice to your 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 Service to you with or
without notice;
10.6 If suspension of service occurs for any reason you will be liable
for a "reconnection" charge of £25;
11. DEFAULT
11.1 If you: do not pay the charges in accordance with the provisions
of clause 10 of this Contract, or break this contract in any other way;
or are subject to bankruptcy or insolvency proceedings; Purple Squared
can (without prejudice, losing or reducing any other right or remedy)
suspend Service, wholly or partially, without notice (but the User remains
liable to pay rental during the suspension), or terminate this Contract
by immediate notice, without prejudice to Purple Squared's pre-existing
rights;
11.2 Bankruptcy or insolvency proceedings means bankruptcy proceedings
or in Scotland sequestration proceedings, becoming insolvent, making any
composition or arrangement with creditors or an assignment for the benefit,
any execution, distress, diligence or seizure: or if the User is a company,
being the subject of proceedings for the appointment of an administrator,
going into liquidation whether voluntary or compulsory (except for the
purpose of amalgamation or reconstruction) or having a receiver or administrative
receiver of any assets appointed;
11.3 You continue to be liable to pay all charges which are due for Service
during any period in which you do no comply with this Contract;
11.4 On termination of this Agreement or suspension of the Services we
shall be entitled immediately to block your Web Site and to remove all
data allocated on it. We shall be entitled to delete all such data we
may, at our discretion, hold such data for such period as we may decide
to allow you to collect it at your expense, subject to payment in full
of any amounts withstanding and payable to us. We shall further be entitled
to post such notice in respect of the non-availability of your Web Site
as we see fit;
11.5 For so long as any sum due to Purple Squared hereunder is unpaid
or any other amount is due to or properly claimed by Purple Squared from
you for services or good supplied or for any other reason, whether pursuant
to these terms or otherwise, Purple Squared shall be entitled to retain
any property owned by you or lawfully in your custody or possession and
which is held by Purple Squared or its agents until such time as all amounts
due to Purple Squared are paid and/or any issue you and Purple Squared
is determined.
11.6 If Purple Squared waives a breach of Contract by you, that waiver
is limited to the particular breach. Any delay by Purple Squared is acting
upon a breach is not to be regarded in itself as a waiver;
12. TERMINATION OF SERVICE
12.1 This Contract may be terminated by either party on giving at least
30 days written notice to the other expiring on the last day of the Initial
Contract Term or at any time thereafter. If Purple Squared gives notice
you shall pay all charges up until 30 days after the date Purple Squared
receives the notice or until expiry of the notice, whichever is the latter.
12.2 Purple Squared reserves the right during the minimum Contract term
to terminate this Contract by giving you not less that 30 days prior written
notice of termination.
12.3 After the expiry of the Initial Contract Term and/or during the Extension
Term you may terminate the Service by giving not less than 30 days prior
written notice of termination.
12.4 Your notice does not avoid any other liability for Service already
provided.
12.5 The Contract is a yearly contract and if you continue Service beyond
your Initial Contract Term you will be liable to pay for the remainder
of the then current Extension Term even though Service ends before the
end of the Extension Term.
12.6 The Customer may cancel their mini virtual server or virtual server
package during the first 30 days of the Initial Contract Term. All monies
refunded will be for this hosting service only.
12.7 Domain Name transfer requests away from Purple Squared Ltd to another
provider does not cancel or inititate the request to cancel any other
service you may have with us at the time;
13. NOTICES
13.1 Any notice to be given 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 the Agreement or the Order Form or such other address as such party
may from time to time have communicated to the other in writing;
13.2 Notices sent by email shall unless the contrary is proved be deemed
to be received on the day it was sent;
13.3 Notices sent by fax shall be deemed to be served on receipt of an
error free transmission report;
13.4 Notices sent by recorded delivery shall be deemed to be served two
days following the date of posting;
13.5 We reserve the right to not accept notices sent by email that include
the request to ammend, cancel or add services or details on your account
unless electronically signed as we cannot authenticate the origin of such
a request. Requests of this nature will only be accepted if received using
the following methods:
(a) As a support request using the Secure Online Control Centre;
(b) As a written notice by fax. This notice must include your full contact
details as we will have them on record and be signed by the account holder;
(c) As a written notice by recorded delivery. This notice must include
your full contact details as we will have them on record and be signed
by the account holder;
14. MATTERS BEYOND PURPLE SQUARED'S
REASONABLE CONTROL
Purple Squared is not liable for any breach of this Contract or liable
for any delay or failure in performance of any part of these conditions
and its commitments when caused as a result of Force Majeur such as war,
civil disorder, industrial disputes, inclement weather, acts of local
or central government or other competent authorities, and failure by other
service providers including failure of the worldwide web and any and any
Internet service provided which the Company provides or other unforeseen
failure in the Company's computer system such that they are unable through
any unforeseen act or event to provide the services.
15. LIABILITY
15.1 You acknowledge that Purple Squared has no control over the information
transmitted via the Service and that Purple Squared does not examine the
use to which you put the Service or the nature of the information you
are sending or receiving. Purple Squared hereby excludes all liability
of any kind for the transmission of reception of information of whatever
nature;
15.2 Purple Squared undertakes no liability whatsoever for the acts or
omissions of other providers or telecommunication service or for faults
in or failures of their apparatus;
15.3 Purple Squared is not in any way liable in contract or otherwise
for loss whether direct or indirect of business, revenue or profits, anticipated
savings or wasted expenditure, corruption or destruction of data or for
any indirect or consequential loss whatsoever.
15.4 Purple Squared makes no warranty as regards to its Services or equipment
and will not be responsible for any damage allegedly suffered or claimed
by you for any reason including but not limited to loss of data, wrong
or non deliveries and Service interruptions.
15.5 All conditions, terms, representations and warranties relating to
the Services supplied under this Agreement, whether imposed by statute
or operation of law or otherwise, that are not expressly stated in these
terms and conditions including, without limitation, the implied warranty
of satisfactory quality and fitness for a particular purpose are hereby
excluded, subject always to subclause 15.6.
15.6 Nothing in these terms and conditions shall exclude our liability
for death or personal injury resulting from our negligence.
15.7 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.
15.8 In any event no claim shall be brought unless you have notified us
of the claim within one year of it arising.
16. 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 Serviced
by us to you and your use of the Service and the Server including, without
limitation, all claims, actions, proceeding, losses, liabilities, damages,
costs, expenses (including reasonable legal costs and expenses), however
suffered or incurred by us in consequences of your breach or non-observance
of this Agreement;
17. 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 Service, including without limitation, clearance and/or consents in
respect of your proposed domain name;
18. ASSIGNMENT
You may assign all or part of this Contract to any other party only with
the prior written agreement of Purple Squared. Purple Squared reserves
the right to assign all or part of this Contract at any time to any subsidiary
or associate company of Purple Squared.
19. LAW
The Agreement shall be governed by and constructed in accordance with
English law and you hereby submit to the non-exclusive jurisdiction of
the English courts.
20. HEADINGS
Headings are included in the Agreement for convenience only and shall
not affect the construction or interpretation of this Agreement.
21. ENTIRE AGREEMENT
These terms and conditions together with any documents already expressly
referred to in them together with any statements or representations made
by employees of Purple Squared, 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 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.
FOR THE USER:
Position:
_________________________________
Signature:
_________________________________
Name:
_________________________________
Date:
_________________________________
FOR PURPLE SQUARED LTD:
Position:
_________________________________
Signature:
_________________________________
Name:
_________________________________
Date:
_________________________________
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