1. Definitions

The following Terms and Conditions document is a legal agreement between ACTISmedia.co.uk Limited, hereafter “the Supplier”, and “the Client” for the purposes of web hosting. These Terms and Conditions set forth the provisions under which the client may use the services supplied.

2. Supplier’s Responsibilities

The Supplier is responsible for providing the client with the following:

1. Web space capable of hosting their site for reasonable usage as detailed in the Hosting Agreement.

2. Technical support as defined under the Hosting Level document. If undefined, all hosting will be at the Basic hosting level.

2a. Exclusions from the Service

The following are specifically excluded from the service:
1. The cost of domain name registration is specifically excluded from the cost of the service.
2. Any access by the client to the client’s web space via FTP or means other than a standards-compliant HTML web browser.
3. Advice or support to enquiries received from unauthorised users.
4. Advice or support for enquiries outside the Hosting Level document.
5. Adult content.
6. Spam.
7. Bulk distribution of email exceeding 50 recipients.
8. Any content in contravention of any UK or international law.

3. Client’s Responsibilities

1. The client is responsible for ensuring that they will not display via the web space any materials that:
i. Break, contravene, infringe or violate any UK or foreign laws or regulations.
ii. Break, contravene, infringe or violate any intellectual property rights of the
iii. Supplier or any other third party.
iv. Are defamatory, slanderous or libellous.
v. Are harassing or threatening.
vi. Are discriminatory based on gender, race or age, or that promote hate.
vii. Contain viruses or other computer programming defects that result in damage to the Supplier or any third party.
The Client accepts that they may only utilise the bandwidth allocated to them in the relevant Hosting Package. Additional fees will be charged for exceeding the relevant bandwidth allowance on the selected Hosting Package.
The Client accepts that they will use only properly licensed third party software in relation to the service.
The Client acknowledges that backups and site maintenance remain their responsibility and are not written or implied in this contract.
The Client acknowledges that while Spiral will provide a good level of service, no guarantees of uptime are made within this document.

4. Contact with the Supplier

The Client acknowledges and recognises that all contact with the Supplier in the first instance should be made via email. No other method of contact will be available.

5. Fees

The Service Charge shall be as agreed in the Hosting Agreement. Any changes to the value of the Service Charge shall be notified by email to the Client and shall take effect within 30 days of this notification.

The Service Charge does not include the Domain Name Registration Fee.

The Yearly Fee for the service shall be paid by the Client in advance of the applicable Service Year. The Supplier reserves the right to refuse service to the Client should the Yearly Fee not be paid in advance of the Service Year. In such instances, if a Client’s account is suspended there shall be a £75 reactivation charge, which can only be waived at the Supplier’s sole discretion.

Our managed hosting service includes the following services.  It is our policy with all of our websites to provide a backup, advanced caching, and measures to reduce vulnerabilities to hacking attempts. These are not optional.

The hosting fee will be applied automatically after the first term has come to an end (this will be a rolling basis).  We reserve the right to increase hosting fees by up to 10% per annum or should the client opt for a higher level of service then this can be arranged.

Your hosting may include monthly upgrades to software, however, this may be in a separate SLA.

No refunds shall be provided at any time for cancellation of services.

Should a client wish to move to another hosting service then the following terms apply;

A moving fee of £300 + VAT will be applied.  This is as we cannot simply move the website without removing elements of the specialised hosting service (i.e. caching).

Unfortunately, we cannot return hosting fees for any unused period, i.e. if a client decides to move within a 12 month paid for the period).

We will provide a zip file of the website, however, there may be elements or software which cannot be transferred. This is likely to be because ACTISmedia makes payments to software suppliers and as such we cannot move this software to another platform, i.e. elements of e-commerce, email marketing tools, or extra plugins which are paid for by ACTIS.  This could render the website unable to work fully on another platform, in such a case we would need to come to an arrangement to provide the software but this will incur fees for our time and the fees for the software.

Where a client moves a website to a hosting solution of their choosing, then the website will no longer be backed up by ACTIS.

Where a client moves a website to a hosting solution of their choosing, then ACTISmedia cannot take any responsibility for the website, i.e. updates.

6. Permission and Copyright

The Client hereby agrees that all media and content on the site are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Supplier from any claim or suit that may arise as a result of using the supplied media and content.

7. Indemnification

The Client agrees to use all the Supplier services and facilities at their own risk and agrees to defend, indemnify, save and hold the Supplier harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Supplier or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. The Client agrees this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.

The Client also agrees to defend, indemnify and hold harmless the Supplier against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which are harmful to any person, business, company or organisation.
If the Client is registering the service on behalf of a third party, the Client hereby confirms
that they have received their prior written consent to do so and their agreement to these terms and conditions. The Client hereby indemnifies the Supplier against any actions or legal proceedings from any third parties relating to any such registrations.
The Client agrees to indemnify the Supplier and employees and directors against any action arising from the action on the part of Authorised or Unauthorised Users of the service.

8. Nondisclosure

This agreement authorises the Supplier to use any information provided to them as required for the purpose of providing the service. The Client hereby irrevocably waives any and all claims and causes of action that the Client may have arising from such disclosure or use of the service registration information. The Supplier agrees that any information received from the Client will not be used in any way except for the purposes stated in this agreement. The Supplier will take reasonable precautions to ensure that any information provided by the Client is protected against loss, misuse, unauthorised access or disclosure, alteration or destruction.

The Supplier and any third party associates agree that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about the Supplier to another party.

9. Privacy Policy

The Supplier and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes:
1. To identify the Client in communications with them.
2. To contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.

10. Limitation of Liability

The Client agrees that the Supplier shall, under no circumstances, be liable for any damages resulting from loss of profits or data arising out of or in connection with this Agreement.

If a site goes down which is not the fault of ACTISmedia (i.e. the hosting company loses data etc.) then ACTISmedia bear no liability for this. We will endeavour to assist all customers should hosting companies experience technical issues which cause websites to fail.

In the event of a website going down due to a fault caused by or affecting the hosting company directly, we can assist all clients by restoring websites using backups. Please note that backups are NOT automatic and each client is given the option to pay for a monthly backup service.

Restoring a website (including the possibility of moving the hosting) is a task ACTISmedia can perform for you, however, this will incur a charge if it is a choice of the customer or due to the site being unavailable due to problems with the hosting company.

ACTISmedia takes care in choosing the hosting service, however, no service is infallible. The monthly fee charged by ACITSmedia for hosting is ONLY for site hosting and does not include automatic backups (as this is a service with a cost to us and takes time), security reviews, software updates etc.. ACTISmedia can provide such a service and is offered at the outset of a project for an additional fee. Please note it is entirely the responsibility of the client to request this service (ACTISmedia will email each customer to ask if they would like the service).

In particular, the Supplier will not be liable for the following:
Interruption of the Client’s business.
Events beyond the reasonable control of the Supplier.
The Supplier’s maximum aggregate liability shall not exceed the greater of:

1. The total amount paid by the Client for the Annual Fee.
2. £250.00 (UK Pounds).

11. Breach and Revocation

The Supplier reserves the right to suspend, cancel or refuse delivery of the service to any Client in the event that:
1. The Client materially breaches this Agreement.
2. The Client provides false or inaccurate information.
3. The Client has outstanding monies owed to Spiral Communications Ltd for greater than 60 days without prior agreement.

12. Force Majeure

The Supplier shall not be liable for any delay or failure in performance of its obligations under this Agreement which is due to or results from any acts, events, omissions, happenings or non-happenings beyond its reasonable control, including acts of God, strike, work stoppages, governmental regulations, acts or directives, war, riot, fire, flood, civil commotion, equipment or facilities shortages or delays which are experienced by providers of Internet services generally, or any circumstances beyond its reasonable control.

13. Termination

Termination may be made by either the Supplier or the Client with 30 calendar days’ notice. Such notice must be in writing or in the form of an email.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United
Kingdom.

15. Statutory Rights

These Terms and Conditions do not affect your statutory rights as a consumer.

16. Changing Terms & Conditions

The Supplier has the permission to make any modifications to the Terms and Conditions at any time. Changes also count for agreements that have already been made, with observance of a term of 30 days after disclosure by writing or email of the changes that have been made.

If the Client does not wish to agree on the changes in the Supplier’s Terms and Conditions, he can cancel the agreement until the date that the new Terms and Conditions apply, until this date or on the date of receiving the cancellation, if this applies after the commencing date.