| Terms and Conditions |
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Every client must agree and accept this before registering or their account will not be processed. 1.Provision of Service 1.1 This contract covers the provision of service by Pastilles Networks to the client. It supersedes and takes precedence over any previous written or oral representations given or made by the company or any representatives of the company. In agreeing to the provision of the services, the customer is deemed to have read and understood these terms and conditions. 1.2 Any date proposed either by the client of Pastilles Networks for the provision of services to be treated as an estimate only and Pastilles Networks accepts no liability for any failure to meet it. 1.3 Unless Pastilles Networks receives a notice in writing from the customer terminating this contract at any time prior to the renewal date, the customer will be deemed to renew the contract for the period covered by the issued renewal notice and be subject to the terms and conditions referred to herein. An account can be cancelled at anytime email This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . 1.4 Pastilles Networks reserves the right to alter or amend its terms and conditions by giving seven days' prior notice to the customer. Notice will be deemed to have been given by Pastilles Networks by displaying the notice on the web site of Pastilles Networks that can be found at http://forums.pastillesnetworks.com/ 1.5 Not withstanding the above, the customer will grant Pastilles Networks permission to deduct any funds due at the date of renewal from previously supplied credit card information. 1.6. Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered. 2 Definition and application 2.1 In this Contract: "the client" means the client with whom Pastilles Networks makes this contract including a person reasonably appearing to Pastilles Networks to act with that customer's authority "WWW" means World Wide Web service available on the Internet; "Domain names" means Internet addresses which have been registered with the central registration authorities on the Internet on behalf of the customer; "Upload" means transfer computer files to the Pastilles Networks Server System for publication on the Internet, WWW; "Commencement date" means the date of Pastilles Network's acceptance of the customer's order specified by the order date on the customer invoice "This contract" means the contract between the customer and Pastilles Networks incorporating these terms and conditions; "Web site" means the area on Pastilles Network's Server System allocated to the customer for the purpose of this order; "Hosting" means the making available of the customers domain name to the Internet community; "Renewal Date" means the date of renewal of this contract between the customer and Pastilles Networks, as defined on the customer application form; "Megabyte" means 1,048,576 bytes or characters of information; "Gigabyte" means 1,073,741,824 bytes or characters of information; "Illegal" means any act or acts which are capable of breaching the criminal law of England, the U.S and the state of Texas. 2.2 Any words in the singular include the plural and vice versa. All definitions, notes, terms and conditions referred to in this contract form part of the contract as if they were expressly set out in it. 3 Contract Period This Contract shall continue from the commencement date for a period of twelve calendar months subject to termination under conditions 8 and 9. 4 The Customer’s Responsibilities 4.1 It is the customer's obligation to ensure that they do not upload a virus to the web space provided by Pastilles Networks which could infect the Pastilles Networks Servers. The customer must not allow a virus to enter the Internet community by allowing Internet users to download files containing viruses and knowingly or otherwise from their web space which is on a Pastilles Networks server. 4.2 It is the customer's obligation to ensure that any material being uploaded is not in breach of copyright. Pastilles Networks accepts no responsibility for the customer's actions in either uploading material to the WWW or in the customer's transferral of any material to other Web sites. 4.3 The customer agrees not to upload any material which would be considered to be contrary to public decency and morality. Pastilles Networks reserve the right to randomly inspect Web sites and in the event that any unauthorised material has been uploaded to that Web site, Pastilles Networks reserve the right to inform the authorities and to terminate this contact forthwith. Uploaded material would expressly include pornographic, barbaric and overtly tasteless material. 4.4 The customer agrees that it shall not cause or permit or in any way assist in any unauthorised publication, any dissemination of any defamatory material or any material which could be considered to be in breach of the criminal laws of England. 4.5 The customer agrees to keep secure the login name and password specified on the application form and not to pass that information to any unauthorised person. In the event of the customer's login name and password being used by any unauthorised person, Pastilles Networks accept no responsibility. 4.6 The customer is only entitled in this contract to transfer set out in the purchase order. Any transfer in excess of this figure will result in a charge at the current rate. 4.7 If the contract is terminated for whatever reason, the customer will not be entitled to a refund unless they terminate the contract within the first 30 days, in which case a full refund will be payable, less any domain registration charges, or charges for additional services not included as part of any of our standard hosting plans, as defined and displayed on our web site. 4.8 The customer agrees not to perform any action that will result in the reduced performance of the Pastilles Networks servers to the detriment of other users. 4.9 Not to commit any act whereby access is gained by the customer to any information or resources of any body corporate or person, individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions. 4.10 The customer agrees not to use Pastilles Networks servers to send unsolicited or spam e-mail to other Internet users. Failure to meet this obligation would result in the termination of this contract without refund. 4.11 The customer agrees not to use unsolicited or spam e-mail in any way that would result in any part of the Pastilles Networks network being mentioned either directly or indirectly in such postings. Failure to meet this obligation would result in the termination of this contract without refund. 4.12 The customer agrees not to use our systems either directly, or indirectly in a way that would have a detrimental effect on network performance. 4.13 Not to do any act or omission, the result of which would have the effect of bringing Pastilles Networks into disrepute. 4.14 Fair usage policy – Regarding resources 4.15 High resource user policy Pastilles Networks may have cause to implement the following policy to its sole discretion: When a website is found to be monopolising available resources Pastilles Networks reserves the right to suspend the offending site immediately. This policy would only be implemented in extreme circumstances and is intended to prevent the misuse of our servers and to maintain maximum availability for other customers. Customers may be offered alternate hosting options which may include Pastilles Networks hosting the website for an additional fee. 5 Limitation of Liability 5.1 For the avoidance of doubt Pastilles Networks has no obligation duty or liability in contract and/or tort for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care. 5.2 In any event and in no circumstance shall Pastilles Networks be liable for any loss either direct or indirect of profits, business or anticipated savings or any other direct or indirect consequential loss arising out of the provision or non provision of services to the customer. 5.3 In no circumstance shall Pastilles Networks be liable for any loss whether direct or indirect arising from the content of any information placed by the customer onto the service provider of Pastilles Networks 5.4 Under no circumstances shall Pastilles Networks be liable for loss whether direct or indirect of profits, business or anticipated savings or for any direct or indirect consequential loss whatsoever in connection with the registration, renewal, non-registration, non-renewal, suspension, transfer, failure to transfer, operation, delivery, mis-delivery or any and all combinations of the afore mentioned and under no circumstances are Pastilles Networks liable for any errors or omissions or any other actions by the registry administrator arising out of or relating to any application, receipt of, or failure to receive a domain registration. 5.5 Under no circumstances shall Pastilles Networks be liable for loss whether direct or indirect of profits, business or anticipated savings or for any direct or indirect consequential loss whatsoever by the failure of, or any problem experienced by the customer in it's operation of it's web site. 5.6 Each provision of this condition is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable. 5.7 In any event the liability of Pastilles Networks shall not exceed either the initial total amount paid for your Hosting package. 6 Indemnity 6.1 Without prejudice to any other rights or remedies which Pastilles Networks may have against the customer, the customer shall indemnify Pastilles Networks against any loss or expenses sustained by reason of any breach of this contract and any actions, proceedings, claims or demands in any way connected with this contract brought on by or threatened against Pastilles Networks by a third party which are caused by or arise from any action of Pastilles Networks carried out pursuant to the instructions of the customer. 6.2 The customer shall indemnify Pastilles Networks against any actions, proceedings, claims or demands in any way connected with this contract brought or threatened against Pastilles Networks by a third party which are caused by or arise from any act or default of Pastilles Networks carried out pursuant to the instructions of the customer. 7 Charges 7.1 Charges are payable either monthly or annually in advance depending on the service purchased. It is a condition of service that a regular credit or debit card payment agreement is in force for the duration of the contract. 7.2 All charges of whatever nature in respect of service shall as such be as Pastilles Networks shall determine from time to time. On each occasion when service is provided to the customer, the customer shall pay the charges in force at that time, full details of which will be available from the address specified in condition 9. 7.3 All goods and services must be paid for in advance of delivery, however no order will be deemed to have been accepted by Pastilles Networks until an account activation notice is issued. 7.4 Value added Tax where applicable will be added at the appropriate rate to the total of all charges shown on the customers bill. 7.5 Should Pastilles Networks have to issue Court proceedings pursuant to this contract the customer accepts responsibility for all Pastilles Networks legal fees and disbursements notwithstanding the value of the claim, on an indemnity basis. 7.6 Any third party costs Pastilles Networks may incur due to processing the payment for the services will be payable by the customer within seven days. 8 Termination of this contract by Pastilles Networks 8.1 If the customer does not pay any charge when due or breaks this contract in any other way Pastilles Networks can terminate this contract immediately without the requirement of prior notification. 8.2 Should Pastilles Networks deem the customer a threat to the integrity of the Pastilles Networks network whether as a result of their actions or threats of such actions or by hostility of their actions or due to any other reason which in our considered opinion would be against our business interest, then Pastilles Networks can terminate this contract immediately without the requirement for prior notification. 8.3 Termination of this contract by Pastilles Networks will result in the retaining by Pastilles Networks of all monies received from the customer who will not be entitled to a refund of monies paid. 8.4 Upon termination of this contract the customer shall nevertheless remain liable for all charges due or which would have been payable under this contract. 8.5 On termination Pastilles Networks will remove all materials held on Pastilles Networks's computer and remove all privileges entitled to the customer. 8.6 Subject to the discretion of Pastilles Networks, after termination, if Pastilles Networks agree that the customer may once again be reconnected to the service, any reconnection will be subject to an administration charge of £50 together with any outstanding charges payable prior to the reconnection. 9 Termination of the contract by the customer 9.1 The customer can terminate this contract at any time within the first 30 days and receive a full refund, less any domain registration charges or charges for additional services not included as a part of one of our standard hosting plans. After this 30 day period the customer may terminate the contract, however no refund will be payable and the customer remains liable for all fees to the end of the contract period as defined in section 3 of this contract. The notice of termination should be made in writing. 10. Refunds 10.1 On receipt of a valid cancellation notice, Pastilles Networks will, at it's sole discretion, refund unused time paid, and then only full calendar months of time. 10.2 A cancellation notice must be received within ten days of a renewal period in order for a cancellation to be processed prior to a renewal payment being taken. 10.3 Should a cancellation notice be received within ten days of a renewal period then an administration charge may be applied to any refund issued with the sole exception of refunds issued in line with our thirty day money back guarantee, in which case no fees are payable. 11. Force Majeure 11.1 Pastilles Networks is not liable for any breach of this contract if the breach was caused by an act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts of omissions of government, highway authority or other competent authority, Pastilles Networks's compliance with any statutory obligation, industrial disputes of any kind (whether or not involving Pastilles Networks employees), fire, lightening, explosion, flood, subsidence, weather of exceptional severity, acts of omission of persons whom Pastilles Networks is not responsible (including in particular other telecommunication service providers), or any other cause whether similar or dissimilar outside Pastilles Networks's reasonable control. 12. Proper Law This contract is to be treated as made in England and Wales according to English and Welsh Law and subject to the jurisdiction of the English and Welsh Courts. 13 Limitation on assignment 13.1 The customer must not assign the benefit of this contract in whole or in part. 13.2 Pastilles Networks reserve the right to assign the benefit of this contract by giving prior written notice of any assignment to the customer. 13.3 Except with the prior written consent of Pastilles Networks, the service shall not be used by or on behalf of any person other than the customer or a third party specified on the order form. Charges We believe in telling you exactly what you may be liable to pay. There are no hidden extras and we won't charge you anything you haven't been made aware of. You will always be given the opportunity to cancel a service before you are charged for it. Minimum Term All hosting services are for a minimum term of 30 month. We have to insist on this, as it doesn't become cost effective for us to offer services for less than this time. You have thirty days from the point of order to cancel (see money back guarantee below) after which the 1 month term is active. Money Back Guarantee By offering a 30 day money back guarantee you are able to try our service out. If, within 30 days of activation you feel that the service is not for you you may cancel and receive a full refund, excluding additions. Technical Support - In general We aim to respond to all technical support requests as fast as possible. All support issues are dealt with in order of priority. We will always endeavour to rectify any problem pointed out to us as quickly as possible and normally within one hour during normal business hours, however some problems take longer to solve than others, and it may not be possible with some to fix them within an hour. This can lead to extended waiting time. Outside normal business hours we deal with issues on a priority basis only and may not answer some issues until the next business day if they are not deemed urgent. Please note, if you believe your issue is a priority issue and needs an urgent response immediately submit a support a ticket through https://support.pastillesnetworks.com |