Copyright © All rights Reserved. Made by Hicks Web Designs Cancellation Policy Terms and Conditions SiteMap Cancellation Policy
1. Introduction
5. User Generated Content
6. Limited Warranties
7. Limitations of Liabilities
8. Indemnity
9. Breach of these Terms and Conditions
10. Variation
11. Assignment
12. Serverability
13. Cancellation Policy and Refunds
14. Exclusion of Third Party Rights
15. Entire Agreement
16. Law and Jurisdiction
17. PVA - Payments Verification Account setup,
17a Payment for designs, work and Renewal
18. Data Protection Act
19. Zero Tolerance Spam Policy
20. Bandwidth Usage
21. Registration and Authorises
These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website. From time to time we may find it necessary to update our Terms and Conditions it is your responsibility to review this document from whenever you find it necessary. Failure to comply will not result in Hicks Web Designs being liable for and in any reasons.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, only download for caching purposes, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. A written application must be presented to Hicks Web Designs for permission to use for coaching or personal use.
You must not:
(a) Republish material from this website (including text, images, republication on another website);
(b) Sell, rent or sub-license material from the website;
(c) Show any material from the website in public;
(d) Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) Edit or otherwise modify any material on the website; or copy to a different website.
(f) Redistribute material from this website expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed within your organisation. A written letter must be presented for being granted permission, to use such content.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. If this is breached will hold the right to suspend and block from the website. We may disable your user ID and password in our sole discretion without notice or explanation.
In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website without notification.
Not with standing our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) We will not be liable for any consequential, indirect or special loss or damage;
(c) We will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
(9) Breach of these Terms and Conditions:
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(13) Cancellation Policy and Refunds:
Cancellation of your Website from Order to Activation Stage:
Your have the right to
cancel your design and order at anytime within your design and order stage. This
time scale is to allow us to build and process your Website ready for activation
and Upload. Within this time period we have the right to hold a cancellation fee
of £65.00. This is to cover administration charges, site closure and returns. If
you have already submitted a deposit for your contract of service, the amount will
be held due to cancellation of your agreement, and any occurring charges will be
added accordingly. Signing your contract for service document, you are agreeing to
and accepting the Terms and Conditions.
Cancellation of your Website once activated (12 month Contract):
Once your order has been accepted for activation, Upload and has started its 12 month contract. If you wish to cancel your contract and close your website down, or close your account with Hicks Web Designs, we hold the right to process a cancellation fee of £130.00 which is governed by our copyright legal team. This fee covers administration fees, possible website and or cancellation design closures. All monies outstanding for the remaining 12 month contract must also be paid in full from the date of cancellation and closure of your account. Which the amount are illustrated in the Renewals and Payment section e.g. 50% of your setup costs.
End of Contract Termination of your Website:
If you wish for your Website to suspend
and be deleted as of the end of your contract date, You MUST apply for this in writing
30 days before your contract renewal date. This is so that measures and procedures
can be put in place, for this to take effect at the end of your contract. Once this
process has been activated to suspend and delete it cannot be reversed or placed
on hold.
If you wish to cancel your Website and terminate your contract after the
renewal date, this process will not be allowed as you will have entered your following
subscription contract, and the Cancellation of your Website once activated (12 month
Contract): applies. Hicks Web Designs reserves the right to suspend OR terminate
services on receipt of Abuse complaints. Domain registration Fees do not come under
the preview of this guarantee. And therefore no refunds are available. Only first-time
accounts are eligible for a refund. For instance, if you've had an account with us
before, cancelled and signed up again, you will not be eligible for a refund or if
you have opened a second account with us.
Any service interruptions or downtime due
to scheduled maintenance by Hicks Web Designs or our network providers will not count
towards the uptime guarantee. Hicks Web Designs are not liable in any way for failure
of third party services.
(14) Exclusion of Third Party Rights:
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
(17) Payments Verification Account Setup and Renewals:
Our payment methods are simple and easy to use. All charges payable by you to us for the services shall be in accordance with the relevant scale of charges and rates published by us and agreed by you. The agreed costs will be due on acceptance of our Contract of Service, and the remaining balance to be paid at the time of hand-over before activation. We reserve the right to remove your web page design if your payment is not met. We banking facilities with The Royal bank of Scotland and accept online payments for packages using credit or debit cards, as well as accepting both Personal and Business cheque’s. Cash can be accepted however full payment for your website would be required. Hicks Web Designs will not activate any service(s) until the client has paid in full. Until and unless you notify Hicks Web Designs of your desire to cancel any or all services received, those services will be billed on a recurring basis.
All payments and service orders are screened for fraudulent transaction & credit
card abuse. If a payment is found not to be compliant with our verification & screening
procedures, such orders won’t be setup. Payments are automatically rejected. Account
setups are done after payment verification. Only accounts which have been paid for
in full would be setup.
(17a)
We have to right to suspend all or any works relating to your contracted Website Design due to late or failed payment. This maximum length of time is a maximum of 31 days good will gesture to allow the payment to become available, failure after this time will result in your work being held until full payment presented by invoice is made. After a further 60 days your account, design and details will be Terminated, this will be presented via letter instructing of the processes, once this stage is presented we cannot withdraw the termination, and category 8 and 9 activates, automatically.
(17b)
Payments that failure due to insufficient funds will incur a charge to cover Administration costs to Hicks Web Designs, these will be added to your Monthly Invoice. Continuous failed payment will result in your design account being requested for credit to be added before work can be undertaken. Each month will result in sufficient credit being added for the work undertaken, we will invoice you accordingly, regarding this issue.
Any details that you provide to us will not be used for any other purposes and will not be passed on to third parties. All personal data is processed in accordance with the provisions of the UK Data Protection Act 1998.
(19) Zero Tolerance Spam Policy
If you send unsolicited email messages, commonly known
as SPAM, your account WILL be terminated, NO exceptions. Sending newsgroup postings,
chain letters or anything else that could be considered as "spam", is strictly prohibited.
The gathering of email addresses to be used for sending unsolicited email on a 3rd
party service "harvesting" is also prohibited and may result in termination of service.
We
have set a limit of 200 outgoing emails per hour on our shared and reseller hosting
accounts, 500 outgoing emails per hour on VPS hosting, 1000 outgoing emails per hour
on Semi Dedicated Hosting and 3600 outgoing emails per hour on Dedicated Server Hosting.
Customers need to take note of this restriction that they can not send more than
the specified number of emails every hour.
Spamming activities also include (but not
limited to) commercial advertising and informational announcements. A user shall
not use another site's mail server to relay mail without the express permission of
the site or distributing, advertising or promoting software or services that have
the primary purpose of encouraging or facilitating unsolicited commercial E-mail
or spam.
Bandwidth is defined as the amount of traffic that is allowed to occur between your website & the rest of the Internet. All bandwidth quotas are on a monthly basis. The amount of bandwidth allowed is commensurate to the subscribed hosting plan. Hicks Web Designs reserves the right to suspend services for an account which has exceeded the bandwidth quota allotted. Services would be restored on the start of the next cycle or Up gradation of the hosting package, whichever is earlier. Carrying over of unused amount of bandwidth is not permitted.
(21) Registrations & Authorities:
Hicks Web Designs reserves the right to change or revise its policies at any time and without prior notice.
We are registered with SEQ Legal LLP
The full name of our Company is Hicks Web Designs
