GENERAL CONDITIONS OF CONTRACT – WEB DESIGN/HOSTING SERVICES

These conditions, which are construed under English Law, are applicable to Orbitals New Media (The Company) and should be read in conjunction with other documents and/or the correspondence comprising our offer.

1. The Contract for Web Design services is to be based on the conditions herein or detailed in the contractual estimate.

2. a. A fifty per cent deposit is required on all web design contracts.

b. All fees for our Search Engine and Directory configuration and submission services are payable in advance.

3. Web Design accounts will be rendered either monthly as the work proceeds or in stage payments if previously agreed. Payment of all accounts and invoices without retention or discount is required within thirty days from the date of invoice, interest being chargeable on overdue accounts at 2% per month above the Average Basic Lending Rate of the four major clearing banks.

a. The Company will issue one statement only for each invoice submitted.

b. Unpaid invoices will bring about automatic suspension of any hosting solution supplied by our hosting solutions, 30 days after invoice date.

c. Should your hosting be suspended a reconnection fee of £50.00 will be charged for each reconnection of any hosting solution requested by you to The Company in writing, such payment to be made in advance and subject to clearance through our bank.

d. The Company cannot be held liable for any loss of business resulting from the termination of any hosting accounts.

e. The Company cannot be held liable for any potential future loss of business resulting from the termination of any hosting accounts.

f. The Company cannot be held liable for any loss of business resulting from the termination of any Web Design services.

4. Any offer will remain open for acceptance for a period of 60 (sixty) days from the date of our contractual estimate. If, for any reason, The Company is not permitted to commence the work within 60 (sixty) days of acceptance of our offer, we reserve the right to re-negotiate.

5. Any rates quoted, or standard schedules included, relate to works within the United Kingdom unless specifically stated to the contrary.

6. Reports, drafts and all other records provided by The Company are private and confidential between the Client and the Company and they may not be used or relied upon by any other party without the prior consent of The Company. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

7. Title in the works together with all the information contained therein and all data generated under the Contract, between The Company and the Client, shall remain vested in The Company until the Client has discharged all its obligations under Sections 2 to 3 inclusive above, whereupon the benefit of the design shall be used by the Client exclusively for the project on which the services were originally required, payment in accordance with Clause 2. and 3. above does not discharge copyrights. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

8. Notwithstanding Condition 7 above, copyright and all intellectual property rights in the work prepared by The Company for the Client, shall remain vested in The Company until such time as all fees have been paid. The copyright and all intellectual property rights will pass to the Client after final payment.

9. Under no circumstances shall The Company be liable to the Client for an indirect or consequential loss suffered by the Client relying on the information included in the works prepared by The Company including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the work only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

10. Where the Client intends to use any work or information provided by The Company, or any work and information becomes involved in litigation then the Client will both advise The Company in writing and seek the approval prior to using the report. The Company reserves the right to refuse to provide documents for use in litigation.

11. The total liability of The Company is to the Client only whether as to specie, quantum or duration of liability, no other obligations are to be implied into the Contract, whether as to the giving of bonds, warranties, or guarantees unless expressly detailed therein. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

12. The Company will use all reasonable endeavor to meet quoted completion dates. However, time is not the essence of the Contract and The Company will not be liable in cases of late reporting, however, caused, nor shall lateness be deemed to be a breach of Contract or an act of negligence.

13. Changes to any work completed or part completed requested by the client or any other part beyond our control, will be charged to the Client on a time basis at Standard Rate of £50 (fifty pounds) per hour.

14. Unless specifically stated, our price does not include for any costs or services which may be required from other Consultants, should other Consultants be required the client shall bear the net costs of such.

 

Hosting Specific Terms & Conditions

 

1.You will not use the webspace provided by Orbitals New Media for storage of any of the following data. If you are found to have broken this rule your account will be terminated immediately. Any image or material that could be considered illegal or offensive under current UK law.

MP3's
WAV's
Warez
Adult Material
Other copyrighted material unless permission has been granted

2. You will not use the email accounts provided our the servers as a whole, for unwanted bulk messages, which also goes under the name of spam. You also agree that you not send any offensive messages that could result in legal action against yourselves. You will be solely responsible for any type of action arising from messages that are sent via the email servers.

3. You will agree not to execute any script or any other type of code that may cause damage to computers or to those of Orbitals New Media.

4. If you open a paid account with us, your account will run for 12 months from the date at which we receive your payment. On the anniversary of this account setup a renewal fee will become due. Orbitals New Media will advise you of the total amount due to extend your hosting for a further 12 month period.

5. If you choose to register a domain name through Orbitals New Media, we will settle all fees associated with registration for the first 2 years, or a longer time by arrangement. Thereafter you will be responsible for any charges arising.

6. You accept that Orbitals New Media may charge additional fees if your site exceeds acceptable traffic levels. You will be advised if your site does so. This also includes ftp usage, ftp accounts are for your personal usage and should not be given out. If you use unacceptable levels of ftp transfer we many introduce a limit on your account, you will be informed if it does so.

7. You may not resell any space that Orbitals New Media provides to you, unless you have a prior agreement to do so.

8. You accept that Orbitals New Media may cease any of your hosting accounts, at anytime with a full one weeks notice.

9. If you wish to close your account within the first 30days you may do so and receive a full refund (except domain name registry fees) after 30days you can cancel your account but are not entitled to a refund of any sort unless your account is not functioning as described when sold and all refunds will be at the discretion of Orbitals New Media.

10. Prices are subject to change without notice. This will not affect the customers who bought hosting at an earlier price until their 12 month period is over, at which up to date renewal fee will be charged if they choose to continue with their account. Prices and specifications are exclusive of errors and omissions.

11. The customer has the right to cancel within seven days of their contract with Orbitals New Media. If you do cancel your order, you will receive a full refund of the paid price. If you wish to cancel your order please contact support@orbitalshosting.com stating your username.