Terms and Conditions You indicate acceptance of these terms and conditions of service by placing an order with Horizon Web Development. These terms and conditions will not be varied for individual customers. Horizon Web Development reserves the right to amend and update these Terms and Conditions at any time without notice. Horizon Web Development reserves the right to permanently discontinue service at any time, without prior notice, should you be found to be in violation of any of the terms and conditions on this page. 1 DEFINITIONS 1.1 In this Agreement the following words and expressions shall have the following meanings: 1.1.1 "downtime" means any service interruption in the availability to visitors of the Website; 1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country; 1.1.3 "Horizon Web Development" means Horizon Web Development 1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server; 1.1.5 "ISP" stands for internet service provider; 1.1.6 "server" means the computer server equipment operated by Horizon Web Development in connection with the provision of the Services; 1.1.7 "the Services" means web hosting, domain name registration, email and any other services or facilities provided by Horizon Web Development. 1.1.8 "spam" means sending unsolicited and/or bulk emails; 1.1.9 "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses"; 1.1.10 "visitor" means a third party who has accessed the Website; 1.1.11 "quotation" means a formal statement by Horizon Web Development of the estimated cost of a job or service to be provided to the client. 1.1.12 "approval form" means a form signed by the client as an acknowledgement that the work carried out on their behalf is of a satisfactory level. 1.2 Product specifications and details may be found at http://www.horizonweb.co.uk. 1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders. 1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement. 2 INTRODUCTION 2.1 The Customer wishes to provide Horizon Web Development with data that will be hosted on Horizon Web Development's servers and made accessible via the Internet. 2.2 Horizon Web Development provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions. 3 DUTIES 3.1 Horizon Web Development shall provide to the Customer the Services specified in their order subject to the following terms and conditions. 3.2 The Customer shall deliver to Horizon Web Development the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Horizon Web Development ("the Customer Software), in a format specified by Horizon Web Development. 4 CHARGES, PAYMENT AND MONEY-BACK GUARANTEE 4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro), UK cheques and PayPal 4.2 Horizon Web Development do not accept bank transfers, postal orders, cash or any other form of payment other than those outlined in 4.1 4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer. 4.4 Horizon Web Development shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force. 4.5 Horizon Web Development do not provide credit facilities. 4.6 From time to time Horizon Web Development may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses. 4.7 Horizon Web Development provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please contact support at support@horizonweb.co.uk or via http://www.horizonweb.co.uk/contact.php within 30 days of placing your order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once. 4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year. 4.9 Should your chosen payment method fail Horizon Web Development will attempt to settle your invoice using any other payment facilities available on your account. 4.10 All services will be cancelled unless renewed by the customer. Horizon Web Development emails the customers primary email address prior to cancellation of services, it is the customers responsibility to renew services prior to the renewal date and they will receive several emails warning them before cancellation. Customers must notify us at least 72 hours before a service is renewed if they wish to renew that service. The cancellation process must be fully completed before your account is cancelled. 5 IP ADDRESSES 5.1 Horizon Web Development shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses. 5.2 Where Horizon Web Development changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer. 6 SOFTWARE LICENCE AND RIGHTS 6.1 If the Customer requires use of software owned by or licensed to Horizon Web Development ("Horizon Web Development's software") in order to use the Services, Horizon Web Development grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Horizon Web Development Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Horizon Web Development Software. 6.2 In relation to Horizon Web Development's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Horizon Web Development a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Horizon Web Development any right, title, interest or intellectual property rights in the Customer Software or the Content. 6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Horizon Web Development Software. 6.4 Horizon Web Development may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Horizon Web Development shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer. 7 SERVICE LEVELS AND DATA BACKUP 7.1 Horizon Web Development shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Horizon Web Development makes no warranties or representations that the Service will be uninterrupted or error-free and Horizon Web Development shall not, in any event, be liable for interruptions of Service or downtime of the server. 7.2 Horizon Web Development carries out data backups for use by Horizon Web Development in the event of systems failure. Horizon Web Development do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Horizon Web Development accepts no responsibility for data loss or corruption. 8 ACCEPTABLE USE POLICY 8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to: 8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services; 8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities; 8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website; 8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others; 8.1.5 engage in illegal or unlawful activities through the Services or via the Website; 8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or 8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Horizon Web Development's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers. 8.1.8 operate or attempt to operate IRC bots or other permanent server processes. 8.1.9 persistantly use unreasonable amounts of data transfer on their unlimited hosting account. 8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Horizon Web Development is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services. 8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Horizon Web Development shall be entitled to withdraw the Services and terminate the Customer's account without notice. 9 ALTERATIONS AND UPDATES All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Horizon Web Development and the password will be changed. 10 WARRANTIES 10.1 The Customer warrants and represents to Horizon Web Development that Horizon Web Development's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Horizon Web Development as set out in Clause 6.2. 10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Horizon Web Development shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer. 11 INDEMNITY The Customer agrees to indemnify and hold Horizon Web Development and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Horizon Web Development arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website. 12 LIMITATION OF LIABILITY 12.1 Nothing in these terms and conditions shall exclude or limit Horizon Web Development's liability for death or personal injury resulting from Horizon Web Development's negligence or that of its employees, agents or sub-contractors. 12.2 The entire liability of Horizon Web Development to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen. 12.3 In no event shall Horizon Web Development be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Horizon Web Development had been made aware of the possibility of the Customer incurring such a loss. 13 TERM AND TERMINATION 13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement. 13.2 Horizon Web Development shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due. 13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if: 13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or 13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or 13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or 13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or 13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets. 13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination. 13.5 On termination all data held in the customers account will be deleted. 14 ASSIGNMENT 14.1 Horizon Web Development may assign or otherwise transfer this Agreement at any time. 14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Horizon Web Development's prior written consent. 15 FORCE MAJEURE Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events. 16 SEVERANCE If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated. 17 NOTICES Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting. 18 ENTIRE AGREEMENT This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice. 19 GOVERNING LAW AND JURISDICTION This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. 20 DOMAIN NAME REGISTRATION 20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Horizon Web Development will provide a full refund for that domain name. 20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars. 21 SCRIPTING Horizon Web Development are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system. 22 PRIVACY To protect your privacy we will not distribute your details to third parties, unless required to do so by law. 23 DATA TRANSFER 23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included. 23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory. 23.3 Unlimited data transfer allows an extremely high rate of data transfer per customer, however if a customer should be found to be using an excessively high amount of data transfer or if their usage is having a detrimental effect on other customers, they will receive a notification warning. Customers who persistantly use excessive amounts of data transfer may have their account suspended as per our Acceptable Use Policy. 24 SERVER USAGE Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements. 25 AFFILIATE PROGRAMME Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid. 26 EMAIL NEWSLETTER Horizon Web Development communicates with it's customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers. 27 WEBSPACE USAGE Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account. 28 MAIL BOXES Mail boxes not accessed for 100 days or more will be deleted from the system. 29 WEBSITE DESIGN 29.1 Horizon Web Development will provide the client with two copies of a full written quotation for works to be provided and two copies of the Terms and Conditions. The client will be requested to sign and date all copies of the quotation and the Terms and Conditions to indicate acceptance. One copy of each is to be retained by the client and the other copy is to be returned to Horizon Web Development. Only when the quotation and the Terms and Conditions have been signed, dated and returned will work begin. 29.2 The signing of the documents outlined in 29.1 will indicate that the client has agreed to be bound by the terms and conditions. 29.3 Horizon Web Development reserves the right to remove any materials, text or artwork which is either deemed illegal or for which the copyright permission is in dispute. 29.4 Any text, pictures, graphics or other data supplied or designed by Horizon Web Development remains the property of Horizon Web Development. 29.5 Horizon Web Development reserves the right to add a credit and place a link to the Horizon Web Development site on the client’s site and also to add the site name, description and picture of the client site to the Horizon Web Development site and portfolio. 29.6 Whilst every care is taken with client’s information and images, Horizon Web Development cannot be held responsible for any damage or loss outside of our control. 29.7 Whilst Horizon Web Development will endeavour to ensure that our client’s sites are ranked highly in search engines we cannot guarantee any particular placement or ranking. Nor can Horizon Web Development guarantee a time frame for a client site to appear in a particular search engine. 30 WEBSITE DESIGN PAYMENT TERMS 30.1 A non-refundable deposit of 25% or £99 (whichever is the highest) of the quotation is required once the quote is accepted and before any work can begin. 30.2 Once work is completed the client will be presented with an Approval form and an invoice for the completed works. The Approval form must be signed and dated and returned to Horizon Web Development. This form indicates that the site is completed to the client’s satisfaction and that the remaining quoted amount is now due within 30 days. 30.3 If a client intends to manage their own site any remaining balance with Horizon Web Development must be cleared before the site can be handed over. 31 WEBSITE COMPLETION 31.1 If the client intends to manage the completed site themselves Horizon Web Development will supply them with a backup copy of the site and also retain a back up of the completed site for one year, after which time the back up will be destroyed. It is recommended that the client keep their own back ups of the site. 31.2 Horizon Web Development cannot be held responsible for any loss of data, images or text once the site is handed over to the client.