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Terms & Conditions
Untitled Document
Definitions
- 'Company' means Goldseal Computer Solutions Limited whose registered office
is 33 Wyedean Rise, Hereford HR2 7XZ.
- 'Customer' means the Customer of Goldseal Computer Solutions Limited.
- 'Services' means web hosting, domain name registration, web development
and other advertised services provided by the Company either in the direct
or indirect control of the Company.
- 'Website' means: A website and all associated files and not limited to
source code, scripts and database information.
- 'Business' includes a trade or profession
- 'Consumer' means any natural person who is acting for purposes which are
outside his business;
Acceptable Use Policy
Acceptable Use Policy below defines the actions which the Company considers
to be abusive, and thus, strictly prohibited. The examples named are non-exclusive,
and are provided solely for guidance to the customer. If you are unsure whether
any contemplated use or action is permitted, please send mail to host@goldseal-solutions.co.uk
and we will assist you. Please note that the actions listed below are also not
permitted from other Internet Service Providers on behalf of, or to advertise,
any service hosted by the Company.
General Conduct
Customers are prohibited from transmitting on or through any of the Company's
services, any material that is, in the Company's sole discretion, unlawful,
obscene, threatening, abusive, libelous, contains nudity, erotic or other sexually
orientated material contains material related to online gambling or encourages
conduct that would constitute a criminal offence, give rise to civil liability,
or otherwise violate any local, state, national or international law. The Company's
services may only be used for lawful purposes. Transmission, distribution, or
storage of any information, data or material in violation of UK, European, US,
or other International regulation or law, or by the common law, is prohibited.
This includes, but is not limited to, material protected by copyright, trademark,
trade secret, or any other statute. The Company reserves the right to look for
and remove such illegal material from its servers. The customer is responsible
for keeping his billing data with the Company's up-to-date and accurate. Furnishing
false data on any contract or application, including fraudulent use of credit
card numbers, is grounds for immediate termination, and may subject the offender
to civil or criminal liability.
Customers are prohibited from transmitting on or through any of the Company's
services, IRC 'bots', 'talkers' or other such server executable programs.
Security
Customers may not use the Company's services as to attempt to circumvent
user authentication or security of any host, network, or account. This includes,
but is not limited to, accessing data not intended for the Customer, logging
into a server or account the Customer is not expressly authorised to access,
password cracking, probing the security of other networks in search of weakness,
or violation of any other organisation's security policy. Customers may not
attempt to interfere or deny service to any user, host, or network. This includes,
but is not limited to, flooding. mailbombing, or other deliberate attempts to
overload or crash a host or network. The Company will cooperate fully with investigations
of violations of systems or network security at other sites, including cooperating
with law enforcement authorities in the investigation of suspected criminal
violations. Users who violate systems or network security may incur criminal
or civil liability.
The Company's security contact is Pete Smith - email security@goldseal-solutions.co.uk
E-mail and other types of Internet-based message distribution.
The Company has zero tolerance for Unsolicited Commercial Email ("spam")
that is in any way associated with the Company, its clients, or any of its client's
associates. Customers are prohibited in anyway whatsoever from using "spam"
as a means of advertising data or services to distribute such materials. Infringements
of this policy can result in any one of the following: A warning from the Company,
via E-mail or phone; Removal of DNS for the advertised / originating site; Temporary
shutdown of the server or a block on outgoing mail; Permanent disconnection
of service. Infringements of this policy include, but are not limited to: Sending
mail to users who have not specifically requested to receive such mail, including
opt-out mailing lists; Sending, being involved in sending, or employing a third
party to send mail which advertises or mentions a site hosted at the Company
to users that have not specifically requested this mail; Forging of message
headers to mask the originator of the message. You will be held responsible
for the actions of your clients in this matter, so it would be best for you
to implement a similar or stricter policy. Please review the information at
http://spam.abuse.net for more information on what constitutes "spam"
harassment, whether through language, frequency, or size of messages, is prohibited.
Backups
The Company will endeavor to make backup copies of the Customer's data which
is located on any of the company's services. The primary purpose of which is
for the restoration of the customer's data in the in the event of system or
systems failure. The Company gives no warranties to the accuracy of backup data
should restoration of such data be required.
Domain Name Registrations
The Company will endeavour to effect the registration of domain names itself
or through its agents that are requested by the Customer. The Company does not
give any warranty or representation to the Customer that the domain name application
will be successful.
Domain Name Transfers
Transfers from the Company are completed free of charge. Transfers to the company
usually attract a fee but doomain names are usually renewed for a further year
as part of the transfer. No domain name can be transferred to an alternative
host whilst the Customer's account is in arrears whether the domain is owned
directly by the Customer or not. Where the Company is not in direct control
of a domain name it gives no warranties for the completion of a transfer within
a reasonable time scale. Where a domain name is being transferred away from
the company which is under the control of the company will endeavour to complete
its obligation within 3 working days. As an anti-fraud measure, domain names
purchased from the Company by credit or debit card may not be transferred to
another registrar for 8 weeks after payment is received.
Bandwidth Charges
The Company will monitor the Customer's bandwidth usage. If the allocated bandwidth
is exceeded the Company will bill the customer for the excess at the published
rate.
Terms
Payment for Services are due on or before the period start date unless
stated otherwise.
Payments
Payment for Services are due on or before the period start date. Domain name
NIC fees will be paid by the Company on behalf of the customer upon full receipt
of payment from the Customer. Refunds will be given at the discretion of the
Company management. Prices are guaranteed for the term that the Customer purchased.
Any account in arrears of more than seven days is subject to the suspension
of services without notice.
Prices
The Company reserves the right to change it's prices at any time.
Cancellation
The Company reserves the right to withdraw services at any time. The calculation
of any refund is subject to a base calculation of the current monthly charge(s)
rounded up to the next whole month, or annual charge(s) rounded up to the next
whole year. If any refunds are due these will be made by company within 30 days
of receipt of cancellation. If caused by the Customer's violation of these terms
the Company reserves the right to deduct reasonable costs and losses from the
refund amount.
Business-to-Consumer Contracts
Customers may cancel any services within 14 days, starting on the day
after the conclusion of the contract. Outside that period customers may cancel
services at any time and will be refunded any advance payments. The calculation
of any refund is subject to a base calculation of the current monthly charge(s)
rounded up to the next whole month, or annual charge(s) rounded up to the next
whole year. If any refunds are due these will be made by company within 30 days
of receipt of cancellation. This excludes Domain Name Registration, which is non-reversible - no refunds will be made.
The Company endeavours to provide Customers with web hosting and domain name
registration Services within a period of less than 14 days of order placement.
In these cases, the cancellation period will end when the Service commences.
Business-to-Business Contracts
Once an order is placed the Customer is liable for the full cost of providing
the Service up to the expiry date of the contract..
Notification of cancellation should be made by email to mail@goldseal-solutions.co.uk
and also in writing.
Children
If the Customer is 16 years old or under at the time of placing an order for
Services, the Customer MUST disclose this at the time of placing the order.
The order will not be processed without the express permission of a parent or
guardian.
Privacy Policy
The Company is committed to ensuring that the Customer's privacy is protected.
If you order services from the Company, the Company will need to obtain some
personal information about you, which is stored on the Company's computer systems.
The Company needs to know your name, email address or other address where you
can be contacted, your telephone number and details of your company if applicable.
This information is required to allow us to process your order and to provide
you with the best possible service.
You can check the information the Company holds about you by emailing a request
to privacy@goldseal-solutions.co.uk.
The Company will delete or amend any inaccurate information.
The Internet is not a secure medium. However, the Company will use reasonable
endeavour to keep secure the personal information received about you. The Company
uses the information provided in the registration form only as set out in these
terms and conditions of use.
By completing the ordering process, or by contacting us via the Contact form,
you consent to the use of the information provided therein as set out in these
terms and conditions of use. If the Company changes the terms and conditions
of use, the changes will be posted on this page so that you may be aware of
them and you will be given a chance to ask that your information will not be
used for the changed purposes.
Because the Internet infrastructure is global, and it is not possible to predict
the routes that information sent over the Internet will take, the information
you provide may be transferred temporarily via a route which takes it outside
the European Economic Area as it passes between you and us. By submitting your
information you consent to this transfer.
We may use various methods to track the patterns of behaviour of visitors to
the Company's site. This may include using a 'cookie' which would be stored
on your computer by your web browser. You can normally modify your browser to
prevent this happening. The information collected this way can be used to identify
you unless you modify your browser settings.
We will not pass your details on to any other organisation unless required to
do so by law. We will only contact you by email in relation to the services
you have enquired about or purchased, and to provide you with information which
may improve our service to you. If the Customer is 12 years old or under, we
will only contact you in relation to the order you have placed. When an order
is placed, or when an enquiry is made via our Contact form, you have the opportunity
to opt-out of our mailing list.
Indemnity
The Customer agrees that it shall defend, indemnify, save and hold harmless
the Company from any and all demands, liabilities, losses, costs and claims,
including all reasonable legal fees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold by customer,
its agents, employees or representatives. (1) any injury to person or property
caused by any products sold or otherwise distributed in connection with the
Customer's services; (2) any material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party; (3) copyright infringement
and (4) any defective products sold via the Customer's services.
Complaints
The Company takes complaints very seriously and will endeavour to deal with
any complaints within five working days. In the first instance please email
complaints@goldseal-solutions.co.uk, stating the nature of your complaint.
Limitations
Except in respect of death or personal injury caused by the Company's negligence,
or as expressly agreed in writing between the parties, the Company shall not
be liable to the Customer by reason of any representation (unless fraudulent),
or any implied warranty, condition or other term, or any duty at common law,
or under the express terms of this Agreement, for any loss of profit or any
indirect loss, damage, costs, expenses or other claims (whether caused by the
negligence of the Company, its servants or agents or otherwise) which arises
out of or in connection with the provision of the Service or its use by the
Customer.
The Company will not be liable for any loss or damage caused by the Company
or its employees or agents in circumstances where (1) there is no breach of
a legal duty of care owed to the Customer by the Company or its employees or
agents; (2) such loss or damage is not a forseeable result of such breach.
The Company reserves the right to revise these terms at any time without due
notice.
These Terms and Conditions do not affect the Customer's statutory rights.
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