This agreement is made between Click IT Internet Ltd, a limited company registered in England and Wales with company number 7359849, with the registered office 41 St Thomas's Road, Chorley, Lancashire, England PR7 1JE ("Click IT" which expression shall include all or any of its subsidiaries, agents, successors and assigns), and you the customer.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
"Customer", "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company's terms and conditions. The "Company", “Ourselves”, “We” and "Us", refers to our Company Click IT Internet Ltd. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Note: When registering an account or signing up for a service with Click IT Internet Ltd, you will be agreeing to our 'Terms & Conditions of Service' as set out below.
Click IT Internet Ltd will carry out work only where an agreement is provided by email. An 'order' is deemed to be a written contract between Click IT Internet Ltd and the client. Payment terms are strictly 100% of the total quoted setup fee before any work commences. All payments are non-refundable.
Due to the sub-contracted hosting design platform that we use, all our customer websites must be hosted with our hosting services at TSOHost and Heart Internet and cannot be transferred to another hosting provider. Click IT Internet Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of their hosting service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Once your site is live on your domain it is assumed that the project has been completed to your satisfaction. Any additional work is then charged at the prevailing support cost.
Should you choose the option of having editorial rights to your website you will be able to make changes to your own site and amend content. Click IT Internet Ltd does not accept responsibility for any errors, problems or data loss caused by changes that you make to your site. If we are required to repair any such errors, or rebuild your website from a backup, this work will be charged at the current support hourly rate.
We require you to submit your own text and images for inclusion on your website. All text should be divided into sections relevant to your page names and submitted by you in electronic format via a suitable file transfer service such as DropBox. All text and images submitted must be free of copyright and Click IT Internet Ltd accepts no responsibility for any infringement of copyright law arising from any text or images used on your site. If you do not supply content we may use dummy text and images from a copyright free source. By keeping that content you accept responsibility for it. All spell checking is the responsibility of the client.
We may include plugins and modules on your website to improve the overall user experience on your site. These include but are not limited to contact forms, calendars, e-commerce shopping carts and maps. Where these third party apps are hosted by another supplier we cannot accept responsibility for any loss of service or malfunction that may occur. Each third party reserves the right to alter or remove their service and or charge fees if certain usage limits are reached. Customers will be notified prior to such case and would be able to decide whether or not to continue with the service or to find an alternative provider.
Billing and Charges
Our cloud hosting packages carry a 30 day money-back guarantee. If you are dissatisfied for any reason at any time within the first 30 days then we will issue a full hosting refund. Please note that VPS orders, design, setup costs, support charges, and domain costs are not refundable.
Renewal invoices are generated at least 7 days in advance and sent to your registered e-mail address. It is your responsibility to ensure this e-mail address is kept up to date and can receive emails from us.
It is important that we receive payment on time. All services must be paid for by the due date shown on the invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in an automatic reminder when the invoice is overdue, and automatic account & website suspension should the invoice remain unpaid for more than 5 days. This applies to all hosting accounts including VPS servers. Domain names expire on the day immediately after their renewal date. As such we strongly recommend renewing a minimum of 48 hours before the expiration date.
If an invoice is unpaid, the related service may be suspended until such time that payment is received and you inform us by email that you have paid. At this point we will use all reasonable endeavours to restore service within 24 hours.
Unless otherwise stated, all payments must be received in UK Pounds sterling. If you pay by foreign bank transfer, then you must be responsible for all foreign currency charges.
We reserve the right to alter our prices at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via e mail to the email address that we hold for you in our account. If you have already purchased a particular service then the price alteration will only become effective when the service reaches the end of its current term.
You warrant that you are lawfully authorised to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these terms and conditions and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
If you attempt a chargeback or dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect. Services will remain suspended and until such time as the chargeback has been fully reversed in our favour.
Account usage is checked frequently. All accounts will receive notification when bandwidth usage is nearing the account's limit. Overusage will result in automatic account suspension unless a prior agreement has been reached. Usually the cheapest option is to upgrade to the next package where available, otherwise our standard charges are 40p per GB per month for additional bandwidth usage and £2 per month per 250MB disk usage. Upon suspension please contact us to arrange upgrade pricing.
All sites are limited to a total of 2GB of data storage. Should you use more than 2GB of storage we will request for you to either pay an additional hosting fee or delete enough files to bring your total storage back down below 2GB. Should the required files not be deleted we reserve the right to delete files ourselves in order to bring your total storage back down below 2GB.
If not specifically stated to the contrary, our services are intended to be used for the purposes of hosting websites and e-mail. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system designed to consume CPU or disk resources for purposes other than hosting a website are not permitted on our cloud hosting servers. We reserve the right to enact defensive movements to maintain the stability of our systems for all clients.
If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability and options of your hosting environment.
Cancellation, refunds, termination and disputes
Cancellation notices for all services must be given at a minimum of 48 hours in advance of the next billing date, with the exception of VPS servers for which we require a cancellation notice a minimum 30 days before the next billing date. For cloud hosting, an account credit will be granted for each whole unused month. No cash refunds will be granted unless a payment has been taken in error. Refunds for prepaid VPS will only be granted where there is a genuine irreconcilable problem with the service and at management's discretion.
A breach of any of our terms and conditions will result in immediate termination with no refund.
Setup, design and support fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.
Under no circumstances will we tolerate threatening or abusive behavior towards our staff. Should this occur, we reserve the right to terminate the hosting agreement with immediate effect.
Should the client, during the course of a telephone conversation or email, make reference to “legal action” or say anything we might reasonably understand to imply or infer that the client may intend to pursue a legal claim against us, we reserve the right to refuse telephone support going forward. Any further correspondence must then be sent by email.
Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate the hosting agreement. Where it is reasonable to do so, we will provide 30 days notice of termination and provide a backup of all website content and email.
Rights on Termination
Termination of this agreement does not affect your pre-existing liability, if any, or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.
In the event of us terminating this agreement due to breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.
Setup, support and design fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method.
A change of details
We have the right to change any username or password allocated to you for the purpose of essential network and website maintenance, enhancement modernisation or other work deemed necessary to the operation of your website and the Internet.
Similarly, we have the right to alter the hosting environment your site runs in to one with like-for-like features, as long as reasonable notice is given and there is no disruption to service. The only reason we would do this is if it represented an ‘upgraded’ environment for you, the end user.
Domain registration, renewal, transfer and restoration
Domain name registration period is two years.
Hosting package renewals do not include a further free domain renewal, transfer or registration.
We will always register, transfer and renew domain names in our client's name - never in our own. It is the client's responsibility to inform us of any changes to their domain name ownership and contact details so that we can update the WHOIS details.
Click IT Internet Ltd excludes liability for any loss of profit caused to the customer by the expiration of their domain name as a result of a technical fault or any other fault caused by the hosting company or any third party, or where the customer failed to respond to the renewal invoice for any reason.
All domain registrations are bound by our Hosting Provider's Registrant Agreement...
and relevant 3rd Party terms as detailed here...
Account Support / Emergency Contact
We provide support via e-mail and phone. To provide efficient service and comply with data protection laws, any requests for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by e-mail from your registered address.
Code of Conduct
Any Client having been found to have breached any of these terms may have their service disabled without refund.
Submission of Content
We may request images or other content that you have indicated a desire to incorporate into the Website Design. All such content provided should be copies and not the originals. All content must be submitted electronically and we will not return any materials you provide. Arrangements may be made for the delivery of files that are too large to be transmitted electronically, but additional fees may apply and the quoted completion date may be extended. We may in our sole discretion, require you to re-submit images if we determine that the images are not of high enough quality. We will not begin work on your Design until all requested materials and assurances of rights have been received from you. It is your responsibility to maintain independent back-up copies of any materials you submit. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any content or materials you submit.
Right to Use Content
You represent and warrant that you have the appropriate rights or licenses in all logos, trademarks, intellectual property or other content supplied by you for inclusion in your Design.
No Intellectual Property Guarantee
Any Design developed by us is delivered without any representation or warranty as to your ability to obtain trademark, copyright, or similar protections in the UK or any other jurisdiction. We expressly disclaim all liability for infringement on the intellectual property or other proprietary rights of any third party. We are not responsible for advising you as to any potential trademark or copyright issues related to proposed logo and web designs, and you should consult your own attorney with any such questions.
OWNERSHIP OF DESIGNS
Upon final delivery of the purchased Design, we transfer to you all rights, titles and interest in the Design, but expressly reserve and retain the unlimited right and/or license to display your Design as-is or with alterations online, in marketing materials, or in any other manner in our sole discretion. Except as explicitly granted herein, we do not grant any express or implied right to you under our patents, copyrights, trademarks, or trade secrets.
Disclaimer Exclusions and Limitations
We are unable to assert fitness for any specific purpose and as such the Company cannot be held liable for any form of consequential loss or damage caused directly or indirectly by use of our service, misuse of our service, downtime, service issues, data loss or any other event.
The information on this web site is provided on an "as is" basis.
To the fullest extent permitted by law, this Company...
...excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
...excludes all liability for damages arising out of or in connection with your use of this website and your use of any goods and services supplied by the Company. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things, or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Due to external factors we cannot offer any guarantees regarding the search engine position we will achieve for websites. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
Security of Account
You are responsible for maintaining the security of your account. You are also solely responsible for the activity that occurs on your account, whether authorized by you or not. You must keep your account information and passwords secure. We expressly disclaim any responsibility or liability for any unauthorized use of or access to your account ("account" includes your websites and any email accounts hosted with us).
The Company does not warrant that their hosting service will be uninterrupted, or error free, although it is provided to the best ability. By using our hosting services you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement.
Notification of Changes
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.