As a customer of Storm Web Development Limited these standard terms plus our Acceptable Use Policy form the basis of Storm Web Development's contract with you.
1. STANDARD TERMS AND CONDITIONS
1.1 As a customer of Storm Web Development Limited these standard
terms form the basis of Storm Web Development’s contract with you. Our
contract with you also includes your application form whether it is
submitted by fax, or by internet submission and will be deemed to be the
original application. We may amend these standard terms at any time.
This will vary our contract with you. When we do this we will notify you
via e-mail of the amended standard terms. The amendments we make will
apply seven days after we send you the details of these amendments. We
may interpret your ongoing use of our services after that date as
constituting your acceptance of the amendments.
In this contract we use the terms "Storm
Web Development", "we", "our", "the Company" and "us" to refer to Storm
Web Development Limited and "you" and "your" to refer to the customer.
Headings in this contract do not affect their interpretation.
2. OUR COMMITMENT OF SERVICE TO YOU
2.1 We aim to provide you with consistently reliable and good
quality service. We do not guarantee that the service we provide will be
perfect. When access to your services are disrupted we will do our best
to reinstate the service to you as soon as we can.
Support is available via e-mail, and any enquiries should be directed to firstname.lastname@example.org.
The service we supply to you will be supplied to you in whatever way
we think is appropriate. We can choose the carriers used to provide our
services and we can change the carriers at our discretion.
3. YOUR GENERAL RESPONSIBILITIES
3.1 You agree that you will:
(a) Pay for all goods and services to you. Our charges are exclusive of VAT@23%.
(b) Pay each bill by the due date for payment set out in it. If you do
not we may charge you interest at a rate we specify and which is
equivalent to our bank overdraft interest rate plus 6% per annum on the
overdue amount from the due date until payment of the relevant amount
and we may also recover from you all legal and related collection costs
incurred by us arising from the collection of any amount which you owe
to us and which you do not pay to us then due.
(c) If you have a genuine dispute in relation to amounts we have
charged you, pay the undisputed charges and notify us immediately you
become aware of any disputed charges. If you do so you must give us full
details of the reason you are disputing the charges and you must give
us evidence of the grounds for your dispute. We will look into the issue
and you will comply with our good faith decision on the issues.
(d) Ensure that all of the information you give us is correct and complete.
(e) Comply with any legal requirements concerning the use of our services.
(f) Comply with any requirements of any other carrier in relation to the use of its network.
(g) Make sure everyone you are responsible for also meets these responsibilities.
(h) agree that, whether or not the account you have created is used,
all charges incurred between the activation of your account, and the
suspension or disconnection of your account will be met by you,
including those charges set out in clause 3.1 b
3.2 We may at our discretion request a credit report from a third
party. By accepting these Terms and Conditions, you authorise us to use
the information supplied for credit checking purposes only.
3.3 We reserve the right to impose a credit limit on your account at
any time. You agree that the credit limit imposed by us may be altered
at our discretion with effect from the date we notify you of such
change. You also agree that if at any time you exceed our credit limit
we will be entitled to suspend the provision of our service to you. All
costs and expenses of or incurred by us as a result of such suspension
and any re-commencement shall by payable by you upon demand.
3.4 We reserve the right to refuse service to any person or entity
who applies to use our service. Reasons for refusal may include but is
not limited to unfavourable credit rating, notification of bankruptcy,
liquidation, business closure, criminal or unfair trading practices.
4. SUSPENSION OR DISCONNECTION
4.1 If you do not meet any one or more of your responsibilities
under this contract we may suspend or disconnect you from our network.
We may also discontinue any other services we provide to you. In that
situation we may also terminate our contract with you. These forms of
action may be enforced by us without prior notice.
4.2 We may also suspend or disconnect you from our network if a
carrier supplying services to us suspends or interrupts its service to
us and that suspension or interruption affects our ability to provide
our services to you.
4.3 We may also suspend or restrict a service in an emergency or
whenever we, another carrier, or any other appropriate person considers
that step necessary or reasonable to protect persons, systems or other
4.4 If you are suspended or disconnected from our network for
failing to meet any of your responsibilities under this contract you may
have to pay a re-commencement fee before you can use our services
4.5 Usually normal charges will continue to apply during your suspension or disconnection from our network.
5. COMPENSATION AND LIABILITY
5.1 If our service fails to operate for any reason and you use a
service provided by another carrier, we will not be responsible for that
carrier’s service charges.
We also exclude all other liability we may have to you for acts or
omissions by us, our directors, employees, agents, representatives and
contractors. This includes both direct and indirect losses, including
loss of profits, loss of revenue and loss of any opportunity.
To the extent permitted by law none of the persons referred to in
the preceding paragraph are liable to you or has to pay you for anything
else caused by or resulting from anything any of them does or does not
do, or delays in doing, whether or not it is contemplated or authorised
by these standard terms.
This exclusion of liability applies whether or not our contract with
you has ended and regardless of the type of damage you suffer or
howsoever it was caused.
6. LIMITATION OF LIABILITY
6.1 To the extent permitted by law if, despite the provisions
contained in the previous section, we or any other carrier is liable to
you for any breach of these standard terms, or for breach of any other
obligation that might be owed to you, our liability shall be limited, at
our discretion, to any one or more of the following:
(a) If the breach relates to the provision of services:
(i) supplying of the relevant services again; or
(ii) payment of the cost of having the relevant services supplied again; and
(b) If the breach relates to goods:
(i) replacement of the relevant goods or supply of equivalent goods;
(ii) repair of the relevant goods;
(iii) payment of the cost of replacing the relevant goods or of acquiring equivalent goods; or
(iv) payment of the cost of having the relevant goods repaired.
8. CUSTOMER INFORMATION
8.1 You agree, for the purposes of this contract and the performance
of our obligations to you, that we may collect information about you.
The information we collect about you may be obtained from you and
others. We may obtain information about you when the services offered to
you are used, either by you or anyone else.
8.2 You may decide not to provide any information sought from you.
If you do not provide it then we may not be able to provide our services
8.3 We may use the information we hold about you and may exchange
information about you with our contractors, agents and representatives,
with other carriers, and with credit reporting and debt collection
agencies for the purposes of our business.
8.4 You may obtain access to, and correct, any information held by us under the Privacy Act 1993.
9. OTHER TERMS
9.1 We provide free technical support to development clients on their Website for a period of 12 months following completion of the Website, any content updates are a paid service. We then offer a Helping Hands service should clients wish for us to provide ongoing maintenance of their Website. Clients are responsible for the updating of their Web Applications with the latest features and security patches, unless we are contracted to do this. We are not responsible for any issues arising from outdated Web Applications or third party integrated applications after the 12 month period.
9.2 You are responsible for the update and secure storage of all passwords for your Client Account login, cPanel login and Email login. You are advised to use strong passwords with a mixture of upper and lower case letters, numbers and special characters. There is a Lost Password Reset procedure for these services.
9.3 Other terms may apply to some of the services provided by us to
you. We will tell you about the terms that apply in those circumstances.
10. INVOICES AND NOTICES
10.1 We will deliver our invoices and any other notices to the most
recent address you have given us. We may assume that any such invoice or
notice has been delivered five days after we have posted it. Please
ensure that you inform us when you change your address.
10.2 It is essential that if you change address or move premises,
you must inform us of this event in writing to enable us to ensure that
there is no interruption in our supply of service to you. If you do not
inform us of this event we will not be able to ensure continued supply
of our service to you.
11. ASSIGNMENT AND DELEGATION
11.1 We may assign or transfer our rights and responsibilities under
this contract to someone else. We will give you written notice in
advance if we intend to do this.
11.2 We may also subcontract the performance of any of our responsibilities under this contract to anyone else.
11.3 You may not assign or transfer any of your rights or
responsibilities under this contract to anyone else without our prior
12. TERMS SEPARATELY BINDING
12.1 If, for any reason, any provisions of this contract cannot be
enforced or relied on be either of us, all other terms of our contract
with you remain binding.
13.1 If you do not pay any of the invoices we send to you or you
otherwise fail to meet your responsibilities to us we may end our
contract with you. Ending the contract between us in this way shall not
release you from any outstanding obligations or responsibilities you owe
13.2 If you want to end the contract between us please send a fax to 067 23846 or e-mail us at email@example.com.
If you take out one of yearly packages we expect you to commit for
this period of time. Because of your commitment, we offer a discount on
the normal monthly price of our accounts. If you cancel your account
within your service period then we will not make any refunds on any
unused portions of your account. While we do not offer refunds for
pro-rated service you have no obligation to continue using our service.
You may cancel your account at any time by following these steps.
- Send us a fax clearly indicating which service you want stopped OR
- Submit an email to firstname.lastname@example.org clearly indicating which service you want stopped
- Once you cancel at least 7 calendar days before your next billing period, you will not be charged.
- No refunds are provided for cancellation.
You the customer is responsible for all charges on the service
account until a written cancellation request is received by standard
mail or fax, signed by the Administrative Contact for that account. When
paying by Credit or Debit card, your card will automatically be billed
the agreed amount on the recurring anniversary unless notice is received
in writing to the contrary. You may also modify your billing profile
through your control panel and you won't be charged renewal fees.
In the event that Storm Web Development Ltd. terminates your account
for violation of these terms and conditions you will not be entitled to
the return of any fees paid with respect to any such terminated account
13.3 If for any reason we delay in exercising our rights that will not mean we have waived or given up our rights.
On termination of our contract with you, we will cease providing our
service to you and all amounts which you owe to us will immediately
become due and payable. We shall not be liable to you for any loss or
damage suffered, or claimed to have been suffered, by you on or
following termination of the supply of our service to you.
14. FORCE MAJEURE
14.1 We shall not be liable to you for any loss or damage directly
or indirectly arising out of or in connection with any delay in delivery
of the goods or failure to perform its obligations under this Agreement
where such delay is caused directly or indirectly by an act of God,
armed conflict, labour dispute, civil commotion, intervention of a
government, inability to obtain labour, materials or manufacturing
facilities, accidents, interruptions of, or delay in, transportation or
any other cause beyond our control.
15. COMPLIANCE WITH REGULATIONS AND ACCEPTABLE USE
15.1 You shall be solely responsible for obtaining any necessary
permits under and for compliance with all legislation, regulations,
by-laws or rules having the force of law in connection with the
installation and operation of the services. Storm Web Development will
not be held accountable or liable for any illegal activities as seen by
the laws of this country or any international laws.
15.2 The Company may monitor your use of the Services and any
material posted, downloaded, transmitted or communicated using the
Services for compliance with Storm Web Development’s Terms. The Company
may pass on any material or information it finds as a result to the
relevant authority if the Company suspects any illegal or offensive
activity is involved, and you will have no claim against Storm Web
Development for this.
15.3 Storm Web Development may also monitor your use of the services
at anytime with regard to reasonable usage and if it deems your usage is
in excess of reasonable, and/or it solely places a strain on the
Company resources or services to its existing or perspective clients,
the Company reserves the right to request an upgrade of plan, or
negotiation outside of its standard plan pricing, terms and conditions.
16. PROHIBITED ACTIVITES
16.1 Email - You acknowledge that the Company may establish certain
limits on use of the Service at any time without limitation to any
aspect of the service you are provided at no charge. You will be advised
of any limits to be placed on you by e-mail to the last known e-mail
address as per your account details. Your ongoing use after delivery of
this notice to you constitutes your acceptance of this limit and any
16.2 Server Abuse - Any attempts to undermine or cause harm to the Company is strictly prohibited.
16.3 Advertising - Storm
Web Development servers may not be the source, intermediary, or
destination address involved in the transmission of spam, flames, or
mail bombs. Your domain may not be referenced as originator,
intermediary, or reply-to address in any of the above. We consider spam
any mass unsolicited message in the mediums of Newsgroups and Email. If
you are found to have spammed, then we will immediately, without
warning, disable your domain. We reserve the right to refuse or cancel
service to known spammers. Lastly, we reserve the right to determine
what violates this policy.
16.4 As such, any violation will result in immediate deactivation of services without refund (if applicable).