Terms
and Conditions
Maximum
Technology International Ltd, also known as Maxetek and A Little Bit Webby hereafter
known as “The Company”
TERMS
OF SERVICE
The Company provides World Wide Web page hosting. The Company reserves the right
to suspend or cancel a customer's access to any or all services provided by The
Company when The Company decides that the account has been inappropriately used
or otherwise.
SERVER USE
Personal accounts are to be used by the primary owner only. Personal account holders
are not permitted to resell, store or give away web hosting services of their
website to other parties. Web hosting services are defined as allowing a separate,
third party to host content on the owner's website. Exceptions to this include
ad banners, classified ads, and personal ads.
The Company reserves the right to refuse service and/or access to its servers
to anyone.
The Company do not allow any of the following content to be stored on its servers:
Illegal Material
- This includes copyrighted works, commercial audio, video, or music files,
and any material in violation of any Federal, State or Local regulation.
Adult Material
- Includes all pornography, erotic images, or otherwise lewd or obscene content.
The designation of "adult material" is left entirely to the discretion
of The Company.
Warez - Includes
pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP
spoofing, etc., and encrypting of any of the above. Also includes any sites
which provide "links to" or "how to" information about such
material.
LIMITED USE POLICY
Resource usage: The Company will allow their customers up to the amount agreed
in their hosting package unless otherwise agreed between both parties. Exceeding
the limits stated could result in a minimal excess charge to cover maintenance
and extra stress on our servers or a restriction in access to the site in question.
In rare cases, The Company may find a customer to be using server resources
to such an extent that he or she may jeopardize server performance and resources
for other customers. In such instances, The Company reserves the right to impose
the High Resource User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth, Physical Disk Space and/or processor utilization.
The Company may implement the following policy to its sole discretion:
When
a website is found to be monopolising the resources available or exceeds the
agreed limits set The Company reserves the right to suspend that site immediately.
This policy is only implemented in extreme circumstances and is intended to
prevent the misuse of our servers. Customers may be offered an option whereby
The Company continues hosting the website for an additional fee.
TIMESCALES
Whilst the company makes every effort to meet agreed timescales, due to the
nature of the build and design process and various technical problems that may
arise, the company does not accept any liability for failure to meet agreed
timescales or any losses, costs or liabilities arising from the above
IMPORTANT
INFORMATION ABOUT WEBSITES
All
websites that alittlebitwebby agrees to build are built to the pre-agreed structure
and format. This means that if the site has been developed with a cms (Content
Managament System) or similar in order for the client to be able to update the
site then alittlebitwebby is under no obligation to populate the site. If population
of the site is required then this should be agreed in writing by both parties
and will be at a chargeable rate unless otherwise stated. Alittlebitwebby does
populate basic static sites but only with information provided by the client
and nothing else as we are probably not fluent in any
terminology you might use and could represent your company, data inaccurately.
Sites
where a CMS is available will be provided to the client with a run through of
how to use the CMS to populate the site. At that point alittlebitwebby takes
no resopnsibilty for the content and charges may be incurred should extra assistance
be required for whatever reason.
Sites
are issued to clients on approval and as soon as the confirmation that the sites
works as intended in the original specification the site will be put live. In
any disputes several factors will be taken into consideration these include
but are not limited to the time the site has been live, if it is live at all,
the type of problem, if it is an original coding problem which we should of
dealt with. But in any circumstances website are only put live when both parties
are in agreement that the website has been completed to the agreed standard
and the functionality required has been set in place.
PAYMENT POLICIES
All accounts are set up on a prepay basis. Although The Company reserves the
right to change prices of accounts or services at any time all pricing is guaranteed
for the period of prepayment. Payment is due in advance for the first payment
before any work can be carried out then every month or 3 months in advance (if
every 3 months the final 2 month of the first year should be paid at 30 day
intervals),the following year/s charges will then be paid every month or every
3 months as agreed by you and The Company, following the date the account was
established. Customers will automatically be charged again at the end of their
prepay period unless closure notification has already been given. The minimum
period for this agreement is 12 months.
In situations where the card number on file is declined The Company will immediately
suspend the facility to purchase services until the outstanding charge is processed
successfully. In addition, The Company reserves the right to suspend other services
until the outstanding debt is cleared. The customer is responsible for all money
owed on the account from the time it was established to the time that the customer
sends a written cancellation request.
All payment is in UK sterling.
PAYMENT
OPTIONS
In order to streamline our accounting procedures and keep costs down The Company
runs a limited number of payment options.
Credit / Debit Cards:
The Company accepts most major credit cards, this may change so please enquire
at time of purchase.
Cheque Payment:
This option is only available to customers who pay annually for their The Company
account. A credit/debit card number will still be required if customers require
the facility to purchase domains and other services online. The Company cannot
guarantee that a service will be provided until after any received cheques have
been cleared.
Deposits
Deposits can be requested before any work is carried out. If this is the case
then full settlement of the amount agreed will be required before services commence.
This applies to full payments also, The Company can not commence any service
until full payment or an agreement has been arranged by the client and The Company.
CANCELLATION AND REFUNDS
The Company reserves the right to cancel the service at any time. In this event
customers will be entitled to a pro rata refund based upon the remaining period
of membership. If a customer contravenes The Company terms of service a refund
will not be issued in the event of a cancellation.
Customers may cancel their account at any time providing the minimum period
of this contract has been met with one months written notice requesting to cancel.
If however you wish to cancel during the period of this contract then a charge
may be incurred to break to contract which will be discussed at the time of
your cancellation request.
Fees charged on a prepay basis are non-refundable. In addition some accounts
incur set up fees, these charges are also non-refundable.
In the event of cancellation, The Company reserves the right to retain any aforementioned
product or service including but not limited to domain names, logos, websites
registered to or controlled by The Company until full payment of account is
received. If after cancellation, a period of 90 days has lapsed and account
has not been settled, Maximum Technology International reserves the right to
Use, Sell or dispose of any product(s) or service(s) as we see fit.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold The Company harmless
from any and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against The Company, 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. Customer agrees to defend, indemnify and hold harmless The Company
against liabilities arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection with The Company'
server; (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 Company' servers.
DISCLAIMER
The Company will not be responsible for any damages your business may suffer.
The Company makes no warranties of any kind, expressed or implied for services
we provide. The Company disclaims any warranty or merchantability or fitness
for a particular purpose. The includes loss of data resulting from delays, nondeliveries,
wrong delivery, and any and all service interruptions caused by The Company
and its employees. The Company reserves the right to revise its policies at
any time.