Hosting Terms

AFFORDABLE WEB DESIGN,
7 ISBETS DALE,
THORPE MARRIOTT,
NORWICH,
NORFOLK.
NR8 6XA


1.    GENERAL
From here on ‘Affordable Web Design’ will be referred to as AWD.
1.1.    HOSTING
1.1.1.    MINIMUM CONTRACT
This contract is for a minimum period of 12 months effective from the date of signing and cancellation is subject to a minimum period of three months notice in writing by either party.
1.1.2.    PAYMENT
The agreed monthly fee is payable BEFORE the first day of each month in advance by standing order or cheque to the AWD Business Account in one payment. (Pay to: Affordable Web Design / Acc Number: 04536350 / Sort Code: 30-96-17)

2.    HOSTING
2.1.    TERMS & CONDITIONS
2.1.1.    LEGAL PERMISSION
All sites may be used for personal and commercial use but the client is responsible for the content of their pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate any laws.
2.1.2.    DOWNTIME
Compensation will not be paid by AWD for any periods of server downtime due to system upgrades or other reasons. AWD does not guarantee that our servers will be up 100% of the time as from time to time our server may be down for upgrades.
2.1.3.    SENSITIVE INFORMATION
The customer has to maintain the security of their password(s) and username. They must not divulge their password(s) to another party, with the exception of AWD, or a designated web consultant. The customer should take reasonable precautions to ensure this data does not become known by any third party.
2.1.4.    BACKUP
Data stored on our servers is not guaranteed to be backed up. However every attempt is made to ensure this.
2.1.5.    SUPPORT
AWD provides support by email, land-line or mobile phone. All support calls made by AWD costing in excess of £5.00 per enquiry will be charged to the customer. We endeavour, subject to availability, to respond to all support enquires within 24 hours.  Personal visits by AWD, if deemed appropriate, will be charged at the AWD standard rate.
2.1.6.    INDEMNIFY
The Customer agrees that it shall defend, indemnify, save and hold AWD harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against the hosting party, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless AWD against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with the hosting party servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from the hosting party servers.
2.2.    HOSTING PAYMENTS
2.2.1.    PAMENT
The agreed monthly fee is payable BEFORE the first day of each month in advance by standing order or cheque to the AWD Business Account in one payment. (Pay to: Affordable Web Design / Acc Number: 04536350 / Sort Code: 30-96-17)
2.2.2.    REFUND
This is not refundable should the client decide to transfer their domain to another host part way through the agreed period.
2.3.    CANCELLATION OF HOSTING
2.3.1.    CANCELLATION
All transfer and cancellation requests must come from the account holder who shall provide sufficient customer identification information by letter to AWD.
2.3.2.    MINIMUM TERM & NOTICE
The contract period is for a minimum of 12 months from the date of signing. A minimum of 3 months notice in writing must be given if the client wishes to cancel either the monthly updates or their hosting with AWD.

3.    LEGAL DISCLAIMER
3.1.    DAMAGES AND LOSSES
AWD will not be responsible for any damages or losses your business may suffer. AWD makes no warranties of any kind, expressed or implied for services we provide. AWD disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by AWD and its employees. Under no circumstances will AWD be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software.  The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure.
3.2.    CONFIDENTIALLITY
All correspondence and documents provided will be treated as confidential between the client and AWD, unless consent has been granted by both parties involved.