DEFINITION OF OUR TERMINOLOGY AS USED WITHIN THIS DOCUMENT:
1. ‘We’ or ‘Us’ indicates Netbiz Hosting Ltd who’s registered offices are Scott Street, Newcastle-Under-Lyme, Staffordshire ST5 1AR.
2. ‘You’ or ‘The Client’ indicates the person purchasing whom is known as a person, persons, business or organisation using any of the services provided by Netbiz Hosting Ltd.
3. A ‘Project’ is any work undertaken or service provided by Netbiz Hosting Ltd for the Client on their request and as described in Netbiz Hosting Ltd Project Specification/Proposal.
4. ‘Live Mode’ means the website is available on the Client’s chosen domain or files released to the Client should the website be hosted elsewhere.
5. ‘Domain’ is the website address as specified by the Client.
6. ‘Hosting’ is a yearly cost to keep a Clients website activated online.
7. ‘Content’ is both text and images that the Client requires on the website.
NETBIZ HOSTING LTD TERMS & CONDITIONS
1. The contract between Netbiz Hosting Ltd and the Client will be on these conditions, to the exclusion of all other Terms and Conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be outlined in the Netbiz Hosting Ltd Project Specificaton/ Proposal.
3. Sales Executives may be contacted by telephone on the below number. It is preferred for Developers to be contacted via email to ensure requests are recorded and to ensure the prevention of errors occurring.
4. Netbiz Hosting Ltd will only commence work on a Project after receipt of a non-refundable deposit. The website will be switched to Live Mode once the Client’s remaining balance is paid in full.
5. Netbiz Hosting Ltd cannot be held responsible for anything adversely affecting the Client’s business operation, sales, profitability or fraudulent transactions that might be claimed as a result of the service offered.
6. By the Client agreeing to Netbiz Hosting Ltd Terms & Conditions of Business, the Client is agreeing to pay for the project in full. Should the Client have not made communication with Netbiz Hosting Ltd for a period of 30 days or more, the Project will be assumed as terminated and the remaining balance due in full. It would then become the intention of Netbiz Hosting Ltd to complete the project within a 12 month period, as outlined within the Project Specification/Proposal.
7. It is the responsibility of the Client to ensure that Netbiz Hosting Ltd is provided with text, images, links, articles and relevant information. Should the Client not provide Netbiz Hosting Ltd with the particulars within 8 weeks of commissioning the project, the project will then be assumed as terminated and the remaining balance due in full. It would then become the intention of Netbiz Hosting Ltd to complete the project within a 12 month period, as outlined within the Project Specification/Proposal.
8. Where images used on the website have been purchased by Netbiz Hosting Ltd on behalf of the Client, these images are strictly for use on the Client’s website only. Netbiz Hosting Ltd are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
9. Netbiz Hosting Ltd will provide the Client with an expected completion date for the Project. Netbiz Hosting Ltd may endeavour to meet any given deadline, do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Netbiz Hosting Ltd will be adhered to as far as is reasonably practical.
10. All images displayed on the Client’s website will only be used after authorization 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 Netbiz Hosting Ltd, they will be the sole responsibility of the Client. It is the responsibility of the Client to ensure that permission has been granted for any use of Trade Marks or 3rd party material.
11. Netbiz Hosting Ltd has no control of, or responsibility for, the content of the Client’s websites. In no way does the textual or image based content of our Client’s web sites constitute Netbiz Hosting Ltd endorsement, or approval of the website or the material contained within the website. Netbiz Hosting Ltd 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. Netbiz Hosting Ltd 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 does not guarantee or warrant that such links will point to the intended Client site at all times.
12. Netbiz Hosting Ltd are not liable for loss, damage, corruption to files, virus attacks or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for ensuring that necessary web content, product & information or files relating to its website are ‘backed up’ securely. Netbiz Hosting Ltd will provide access upon request to all files and databases once the site is in live mode.
13. You are not permitted to duplicate the websites code or database for use on a different domain name without written approval from Netbiz Hosting Ltd.
1. If a maintenance service agreement is specified in the Project Specification/Proposal, Netbiz Hosting Ltd will provide a separate contract.
1. Netbiz Hosting Ltd will provide support for a 13 week period after the site has gone live. Warranty covers: cross browser issues, coding errors, and all functionality as defined in the specification.
2. Netbiz Hosting Ltd will NOT provide additional training, changes or modifications or any description, design or additional development. A quote for additional development can be provided separately.
3. Extended warranty is available at an additional cost. Warranty is void should the website not be hosted by Netbiz Hosting Ltd.
1. Netbiz Hosting Ltd will host the website if the Client requires us to do so and only on receipt of full payment of annual hosting fees.
2. Should the Client request Netbiz Hosting Ltd to host their website, Terms and Conditions will be issued accordingly.
3. If the Client does not use Netbiz Hosting Ltd Hosting services then the management and Hosting of the domain name are the full responsibility of the Client. Any technical support required in launching the site will be quoted for additionally.
1. Should the Client request specific domain name registration. Netbiz Hosting Ltd will complete this on the Client’s behalf subject to availability. This name will be registered to Netbiz Hosting Ltd current address. Although the domain names are registered to Netbiz Hosting Ltd, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Netbiz Hosting Ltd will do this within 30 days.
2. All domain names are subject to the relevant Internet Registry’s terms and conditions. The Client is responsible for any copyright or trademark breaches in relation to their chosen domain name. All domain names require renewal to remain registered. Netbiz Hosting Ltd will only renew domain names once requested by the client.
1. Netbiz Hosting Ltd accepts payment via bank transfer and cheque. If this is not acceptable to the Client, we also have the facility to accept credit card payment as an alternative method – a 2% handling fee will be chargeable for credit card transactions.
2. Netbiz Hosting Ltd owns all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website. Images may have been purchased by Netbiz Hosting Ltd for the Client, unless the images have been supplied by the Client. Images purchased by Netbiz Hosting Ltd are licensed only for use on the client website.
3. Payment terms are immediate. Netbiz Hosting Ltd reserves the right to charge Clients interest pursuant to the Late Payment of Commercial Debts Act 1998 from the date payment fell due. Interest will continue to be accrued until the balance has been settled; such sums shall attract interest at the then current rate of interest. Netbiz Hosting Ltd are also entitled to claim compensation arising out of the Late Payment of Commercial Debts regulations of 2002.
1. The agreement shall commence on payment of the deposit and shall terminate on the acceptance of the site and payment of all outstanding money. Should the client fail to pay any sums due to Netbiz Hosting Ltd as they fall due, services may be suspended or cancelled without notice. Accounts are typically suspended 14 days after the due date, and fully cancelled after a further 30 days.
2. Should these Terms and Conditions be in breach in any way shape or form, Netbiz Hosting Ltd may suspend or cancel any Services.
3. If as a Client you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors or any analogous event, Netbiz Hosting Ltd shall be entitled to suspend or cancel any services without notice to you.
4. You may cancel the services at any time without refund, outstanding balances settled as detailed within the payment clause above by the Client. Netbiz Hosting Ltd will be entitled to delete your web site and to remove all data where termination or suspension has occurred no matter how that termination or suspension has occurred. These files are not recoverable.
CONFIDENTIALITY AND DATA
1. During the term of this agreement and for two years thereafter, each party will treat as confidential all information that it obtains concerning, but not limited to, the business, finances, technology and affairs of the other.
2. Both parties will communicate with each other regarding actual or suspected misuse or unauthorised disclosure of the other party’s confidential Information. Both Netbiz Hosting Ltd & the client will comply with its obligations pursuant to the Data Protection Act 1998. All work undertaken by Netbiz Hosting Ltd will be demonstrated on Netbiz Hosting Ltd website and printed marketing material.