Terms & Conditions: Website Hosting & Email

(Last updated June 2023)

Definitions:

The client: Company or individual(s) requesting the services of M35 Web Design.
M35 Web Design: Primary designer/site owner and employees or affiliates.

Web Design Terms & Conditions | Search Engine Optimisation Terms & Conditions | Domain Name Registrations & Renewals

WEB HOSTING & EMAIL

All hosting packages are based on a 12 month contract, with a 30-day written notice period unless otherwise agreed with M35 Web Design.
Hosting contracts cannot be part paid or cancelled until renewal.
M35 Web Design will not be held liable for any loss of business incurred due to the failure of any of its services. This includes, but is not restricted to, loss of turnover, sales, revenue, profits or indirect consequential or special loss.
M35 Web Design is not responsible for any use the client makes of their services, neither for any charges that the client incurs with any third party, nor for any software running on the client’s systems.
The client agrees to indemnify M35 Web Design against the effects of any misuse or any claims resulting from that misuse.
Regardless of anything else in these Terms and Conditions, M35 Web Design’s liability shall not exceed the proportionate amount of the client’s subscription.
When the client’s account is closed, all files (including web pages, etc.) will be deleted unless the client has requested that M35 Web Design provide the client with a back-up copy of the client’s web site, or has requested FTP access to download such files. At this time mailboxes will also be deleted and it is the responsibility of the client to ensure all email is downloaded prior to deletion.
M35 Web Design reserves the right to change the costs of our services.
To protect the client’s privacy M35 Web Design will never distribute the client’s name or e-mail address to any third parties.
Clients must not participate in any form of unsolicited bulk e-mailing or Spam, or host pornographic/offensive content and/or images on their website.
By logging into the client account, or uploading files to it, the client indicates acceptance of these Terms and Conditions.
The client must ensure that they have a technical contact who can liaise with M35 Web Design when any service is set-up. It is assumed this contact is competent in making and maintaining an Internet connection, including where applicable Internet/IP/DNS/system administration and has a good working knowledge of SMTP and Internet Mail. M35 Web Design reserves the right to invoice the client at an hourly rate if we have to provide extensive set-up support during this time.
Website/email access details etc. are to be used by the client or their immediate agents only. M35 Web Design must be notified immediately should anyone that has been given such access details cease to be appointed by the client, or if there is any suspicion that such access details are known to anyone not authorised by the client or M35 Web Design.
The client agrees that M35 Web Design is not responsible for for any amendments made by any third party, before or after a design is provided to the client.
M35 Web Design does not normally provide an on-site service to set up email or internet access systems. However, where the client requests it, this service will be offered and charged at an hourly rate (this may be carried out via a qualified third party).
M35 Web Design is not responsible for any loss of mail resulting from the transfer or registration of any domain.
M35 Web Design cannot be held liable for loss of connectivity resulting from breakdown, misconfiguration, or other failure, on equipment not controlled by M35 Web Design, or as a result of any event beyond our reasonable control.
M35 Web Design offers an unlimited bandwidth use policy by maintaining large ratios of bandwidth per client. However, M35 Web Design may determine that a client is using server resources to such an extent that the client risks jeopardising server performance and resources for other clients. In any such instance, M35 Web Design reserves the right to (a) suspend the client’s website immediately; or (b) continue to host the client’s website, but require the client to pay an additional fee.
M35 Web Design shall use all reasonable endeavours to respond to the client’s notification of interruptions or other problems and to rectify any problems with reasonable diligence. However, M35 Web Design accepts no responsibility for web server downtime or interruptions to service caused by circumstances beyond M35 Web Design’s control.
M35 Web Design will not guarantee or be liable for any breaks in the continuity of the electricity supply or of the telecoms link to the web server that is provided by a third party.
If service is suspended or interrupted M35 Web Design shall use all reasonable endeavours to restore service with minimum delay, but will not be liable for any lost, corrupted or destroyed client data as a result of any suspension or interruption.
M35 Web Design cannot accept any responsibility for any loss of traffic, data and/or income caused through your website being offline for any reason.
The client accepts that M35 Web Design will not be liable for any loss or expense of any kind arising directly or indirectly from any data stored on the client’s web site, the client’s email account/mail box or any of the client’s emails being lost, corrupted or hacked nor any loss or expense of any kind arising directly or indirectly from their web site not being available to the internet or World Wide Web.
The client accepts that if their website is compromised (hacked), M35 Web Design reserves the right to use a specialist 3rd party company to remove any malware or virus, and charge the client for the work done.
M35 Web Design will not be held liable for any loss of business incurred due to the failure of any of its services. This includes, but is not restricted to, loss of turnover, sales, revenue, profits or indirect consequential or special loss.
M35 Web Design will not be held responsible for the fraudulent use, or any other misuse, of any material held on the hosting servers we use, in particular any Credit Card information held thereon.
M35 Web Design will not be held responsible for the fraudulent use, unlawful or any other misuse, of any material held on our computers. Unlawful purposes are deemed to include but are not limited to: — Civil and criminal offences of copyright and trademark infringement;
– Transmission or display or posting of indecent, obscene or pornographic material;
– Commission of any criminal offence (including deliberate transmission of computer viruses) under the Computer Misuse Act 1990 or similar legislation in any country;
– Any transmission or display or posting of any material which is defamatory, offensive, or is of an abusive or menacing character;
– Use of the Website in any manner which is a violation or infringement of the rights of any individual, firm or company within the United Kingdom and elsewhere which, for the avoidance of doubt shall include but not be limited to the use of any materials, photographs and/or images without obtaining the prior consent of any relevant third party;
– The use of the Website for purposes generally deemed to be unacceptable, including spamming, hacking, phreaking, password cracking, pirated software, ROMS, emulators, or IP spoofing or providing “links” or “how to” information to such material.
The client will indemnify M35 Web Design against all and any losses and costs that M35 Web Design may incur as a result of any breach of the items listed above.
The client will ensure that that their website complies with the laws, regulations and requirements of any country from which it can be accessed.
If M35 Web Design has reasonable grounds for believing that there has been or that there may be a breach of these Terms & Conditions M35 Web Design reserves the right to monitor any and all communications passing through the server.
If the client’s website is used for any unlawful use, M35 Web Design may suspend or terminate service immediately and at the same time as suspension or termination occurs, M35 Web Design shall notify the client. Where suspension or termination occurs, M35 Web Design reserves the right to delete all of the client’s files (including web pages and mailboxes) without prior notice.
The client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which M35 Web Design requires to upload the web site if required as part of a project.
M35 Web Design reserves the right without notice to refuse work with domain names, hosting or email services without reason for such rejection or refusal.

PAYMENT FOR WEB HOSTING SERVICES & EMAIL

The client shall pay the Hosting Fee to M35 Web Design as follows:-

M35 Web Design will issue invoices by email to the client in respect of hosting and/or email charges.
Should payment for hosting services and/or email remain unpaid 1 month after the invoice due date, M35 Web Design reserves the right to temporarily suspend the client’s website/email until payment has been received. If no payment has been received two months after the due date, M35 Web Design reserves the right to cancel the client’s contract for hosting services and to delete all of the client’s files (including web pages and email) without prior notice. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.
Prior to the due date, if the client has already indicated they want to cancel their hosting and/or email but has not moved their website and/or domain name away by the due date, M35 Web Design reserves the right to charge for renewal and suspend the client’s website/email until payment has been received. If no payment has been received a month after the due date, M35 Web Design reserves the right to cancel the client’s contract for hosting services and to delete all of the client’s files (including web pages and email) without prior notice. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.
Should the client fail to make any payment required in respect of any service carried out on his behalf, then M35 Web Design shall have the right to deem such failure to be a repudiation of the Contract (in which case it shall so inform the client in writing) without prejudice to any other right or remedy of M35 Web Design.
M35 Web Design reserves the right to decline further work if there are invoices outstanding with the client.
M35 Web Design reserves the right not to liaise with the client or their agent to move a website, domain name or email service away if there are outstanding invoices on the client’s account.
If the client does not pay any amount properly due to M35 Web Design under or in connection with the Agreement, the client shall be liable to pay interest to M35 Web Design on such sum from the due date for payment at the annual rate of 5 % above the base lending rate from time to time of Natwest Bank plc, accruing on a daily basis until payment is made, whether before or after any judgement. M35 Web Design reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. The client shall reimburse M35 Web Design for any and all costs incurred by the client in recovering payment .
Throughout the Term, the client shall be responsible for ensuring that M35 Web Design is furnished with the client’s complete, correct and current contact details (including but not limited to the client’s email address) since non-receipt of any invoice shall not excuse any payment obligation of the client under the Agreement.
M35 Web Design reserves the right to change the cost of the hosting service.
M35 Web Design always uses high quality, premium WordPress themes and sometimes premium plugins, for which we pay a yearly subscription for A licence to use their software on clients’ website. This cost is incorporated into your hosting renewal fee. If you decide to move the site away from us, your theme should continue to work, but unless you open your own account with the theme/plugin providers, you will not be eligible for any theme/plugin updates which help with the functionality and security of your site.

MOVING YOUR WEBSITE AWAY FROM M35 WEB DESIGN

Once you have paid all M35 Web Design’s design fees (or any other outstanding fees) your site belongs to you and you can move it to another server if you wish.
Please note that you do not own the copyright on our design, or on any pictures or photos supplied by M35 Web Design, or on any premium software used to run your site (e.g. themes and plugins).
M35 Web Design does not provide support for moving and/or setting up your website on another server, and we cannot guarantee that your site will work when installed on another server as there may be unforeseen incompatibilities.
M35 Web Design always uses high quality, premium WordPress themes and sometimes premium plugins. We pay a yearly subscription to the theme/plugin provider for the licence to use their software on our client websites and this cost is incorporated into your fees. If you decide to move the site away from us your theme should continue to work, but security updates will not be available to you using our credentials. In order to receive updates from the theme/plugin providers that ensure the continued functionality and security of your site you will need to open your own account with them.
M35 Web Design sometimes sets up a personal control panel to allow access to your site, but the sole purpose of this is so you or your new designer can copy your existing site for transfer away. We may charge an admin fee for setting this up.
Once M35 Web Design has provided you (or your designer) with the control panel login details, under no circumstances must any development work take place using the web space on our server, or our facilities. Access is granted purely to allow transfer away of the site and for no other purpose, e.g. you must not set up subdomains or set up a new WordPress installation or host any other site or files. Using M35 Web Design’s web space for any other purpose is contrary to our legal agreements with our hosting providers and is therefore not permitted.
From the date that control panel access is given, M35 Web Design allows 5 working days for you to transfer your site away. In that time, if any work is done on our web space that is contrary to the above Terms, M35 Web Design reserves the right to revoke access to your account immediately and all support is discontinued from this point onwards.

This includes:

– hosting and/or technical issues relating to your site
– content issues relating to your site
– WordPress backups of your site
– WordPress theme and plugin updates

We withdraw support for the above because we no longer know if any issues that arise/may arise have been introduced by you or your designer. No refunds are given.

DOMAIN NAMES

M35 Web Design will advise clients on selecting appropriate domain names and can act as the client’s agent in registering these at M35 Web Design’s standard rates, but cannot guarantee a certain name will be available.
The client will be bound by the standard terms of the relevant naming authorities. M35 Web Design gives no warranty that any domain name will not infringe the intellectual property rights of any third party: it is up to the client to check this for themselves.
M35 Web Design normally allows domain names to be transferred from M35 Web Design free of charge. However, M35 Web Design reserves the right to levy a charge for excessive administrative work associated with subsequent hosting or incoming/outgoing domain name transfers.
Domain names must normally be paid in full for a 2 year period, but if there is a prepaid period of more than 9 months remaining on the domain name registration that has not yet been paid by the client, then this will be invoiced to the client and must be paid for before the name will be released.
If the client transfers more than 5 names in a one month period, an administrative fee of £5 per domain name will be payable to M35 Web Design for these transfers. The transfer of the first 5 names will be free.
Although a domain name may be transferred or not renewed at any time by the client (subject to M35 Web Design receiving written notice thereof at least two months before the renewal invoice due date), the correct transfer procedures must be followed in all cases and if any domain name is to be transferred within two months of its renewal date, it will not be transferred until M35 Web Design has received full payment for that renewal.
An invoice sent to the client for any domain name renewal is due and payable within 30 days, unless otherwise agreed with M35 Web Design.
If requested by the client, M35 Web Design will provide an email account on the domain within the quoted costs (or M35 Web Design can forwarding mail to an existing email account elsewhere). The client will be given the appropriate username and password details for the account and the incoming mail server name and, if requested, written instructions for setting up the account in various mail software. Requests for changes to user/password combinations may be made by email or telephone and will usually be actioned within 24 hours.
M35 Web Design accepts no responsibility for email server downtime or interruptions to service. Email accounts must not be used for sending Spam.
M35 Web Design is not responsible for establishing or troubleshooting the client’s internet broadband facility, which provides the client’s internet connection and outgoing mail server. This is the responsibility of the client’s own individual ISP who normally provides appropriate telephone support.
M35 Web Design reserves the right to feature the client’s website in future promotions without seeking prior consent.
All Intellectual Property Rights in any works arising in connection with the performance of the services by M35 Web Design will be the property of M35 Web Design.
The client warrants that it has the legal right to disclose all Personal Data that it does in fact disclose to M35 Web Design under the Agreement, and that the processing of that Personal Data by M35 Web Design for the purposes of and in accordance with the terms of the Agreement will not breach any applicable laws (including the Data Protection Act 1998).
M35 Web Design warrants that:-
It will act only on instructions from the client in relation to the processing of any Personal Data performed by M35 Web Design on behalf of the client; and it has in place appropriate security measures (both technical and organisational) against unlawful or unauthorised processing of Personal Data and against loss or corruption of Personal Data processed by M35 Web Design on behalf of the client.
These terms are governed by English law and any dispute will be resolved exclusively by the English courts.

PAYMENT FOR DOMAIN REGISTRATIONS & RENEWALS

New domain registrations:-

The client shall pay for new domain registrations within 5 days of registration.

Domain renewals:-

Payment for all domain renewals is required at least 5 weeks prior to the actual renewal date. If payment has not been received by this date, M35 Web Design reserves the right to cancel automatic renewal of any domain name until payment has been received. If payment has not been made by the actual renewal date, the non-renewed domain will then enter a short ‘period of grace’ (when it can still be renewed manually at an extra cost), and thereafter the domain will become free to register by anyone on the open market.
If M35 Web Design has already paid for a domain renewal(s), then we require immediate payment from the client upon presentation of our invoice.

Domain Registrations and Renewals – General

M35 Web Design will issue invoices by email to the client in respect of charges.
Should a client not wish to renew a domain, then M35 Web Design must have 2 months’ notice of this in writing.
Should the client fail to make any payment required in respect of any domain registration or renewal carried out on his behalf, then M35 Web Design shall have the right to deem such failure to be a repudiation of the Contract (in which case it shall so inform the client in writing) without prejudice to any other right or remedy of M35 Web Design, M35 Web Design may:-Suspend access to the domain name until payment is made in full, or terminate the contract if no payment is forthcoming. Where suspension or termination occurs, M35 Web Design reserves the right to delete all of the client’s files (including web pages and associated mailboxes) without prior notice.
If the client does not pay any amount properly due to M35 Web Design under or in connection with the Agreement, the client shall be liable to pay interest to M35 Web Design on such sum from the due date for payment at the annual rate of 5 % above the base lending rate from time to time of Natwest Bank plc, accruing on a daily basis until payment is made, whether before or after any judgement. M35 Web Design reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. The client shall reimburse M35 Web Design for any and all costs incurred by the client in recovering payment .
Throughout the Term, the client shall be responsible for ensuring that M35 Web Design is furnished with the client’s complete, correct and current contact details (including but not limited to the client’s email address) since non-receipt of any invoice shall not excuse any payment obligation of the client under the Agreement.
M35 Web Design reserves the right to change the cost of domain name services.

LOGIN DETAILS/ACCESS CODES

Should a client wish to move their web hosting service away from M35 Web Design, then FTP access codes, login details, including for Google Ads and any other accounts, will not be handed over until all outstanding invoices are paid, in full. There are no exceptions to this.

COMPLAINTS PROCEDURE

Informal

Anyone who experiences a problem with their web service provided by M35 Web Design should raise the matter directly using our online contact form, giving sufficient information to locate the material (such as a URL) and clearly outlining the grounds for complaint.

M35 Web Design will respond with a view to resolving the matter to the satisfaction of the complainant.

Formal

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to M35 Web Design. We will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

GOVERNING LAW AND JURISDICTION

This Contract shall be governed by English law and the parties shall submit to the exclusive jurisdiction of the English Courts.

By accepting a quotation or making a payment of invoice to use the services supplied, The Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally bound by these Terms and Conditions.

M35 Web Design reserves the right to amend these Terms & Conditions without any prior notice.

M35 Web Design’s domain name storage, email & hosting service is provided through Fasthosts and/or Nimbus Hosting. All users of this service are bound either by Fasthosts’ or Nimbus Hosting’s terms and conditions. Fasthosts’ Terms & Conditions can be seen here. Nimbus Hosting’s Terms and Conditions can be seen here.