Terms of Service

DesignPlus Hosting here to after refered to a DPH or the Company, a trading as name of Telkom Communications Ltd.

 

Helpline4Life here to after refered to a H4L, a program name of Business Online Support Ltd.

 

The Customer (signed overleaf) agrees to all these Terms and Conditions, hereafter refered to as, "The Customer".

 

General
DPH wishes to provide our customers with a positive web development and hosting experience. To accomplish this, all customers must follow the same rules and guidelines. By signing overleaf you acknowledge your acceptance to be bound by these terms and conditions.

 

Web Site Content
DPH is not obliged to monitor the network for the
purpose of examining customer's content. However, if DPH is made aware of content that is determined to be, in DPH sole discretion, unacceptable, ndesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, DPH has the right, but not the obligation, to edit, remove or deny access to such content. DPH may disclose any content or records concerning customer's account as required to satisfy any legal requirement, regulation, government request or court order. Pornography and sex-related merchandising are not prohibited DPH servers but all content must be legal under UK law. Sites that promote illegal activity of any type or content that may be damaging to DPH servers or any other servers on the Internet may be shut down without reproach. Links to such materials are also prohibited. In addition, the sale of or promoting bulk email services are not allowed. Non-acceptable content or links include but are not necessarily be limited to:
Adult Content Sites - Any illegal erotic or pornographic material, links to such sites or advertisements for illegal adult sites.
Pirated Software Sites (Warez) - Any software that is copyrighted and not freely available for distribution
without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
Copyright Violations - Violation of copyrights held by
individuals and corporations or other entities can result in civil and criminal liability for the infringer.
Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.
Internet Relay Chat - DPH currently prohibits its customers from operating IRC or IRC Bots on any of our web site hosting servers.

 

System Security
The Customer may not use the DPH networks or those of partners or associated providers to attempt in any way to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing any data not intended for The Customer, logging into any server or account The
Customer is not expressly authorized to access,
password cracking, probing the security of other
networks in search of weakness, or violation of any other organization's security policy. The Customer may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. DPH will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with the authorities in the investigation of suspected criminal
violations. DPH will remove any accounts/users who puposely violate system security.

 

Excessive Resource Usage
Any web site that uses an excessively high amount of server resources including but not limited to CPU time, memory, and network bandwidth will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

 

Obscenity
Violation of indecency and/or obscenity laws is not
permitted on DPH networks or those of partners or
associated providers and can result in criminal penalties.

Spamming Not Permitted
The Customer must not use the DPH service in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the DPH equipment or any DPH email address. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. When any customer is found to have been engaged in spamming in violation of this agreement, DPH reserves the right to disable that customer's web site without warning. DPH solely reserves the right to refuse or cancel service to spammers. DPH reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

 

Copyrights and Infringement
Website content may be subject to protection under the United Kingdoms' or other copyright laws, or laws protecting trademarks, trade secrets and/or proprietary information. Except when expressly permitted by the owner of such copyrights, The Customer must not use the DPH Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, that you accessed or received through the DPH Network. If The Company uses a domain name in connection with the DPH Service or similar service, The Customer must not use that domain name in violation of any
trademark, service mark, or similar rights of any third party.

 

Refusal of Service
DPH reserves the right at its sole discretion to refuse or cancel service. Violation of any of DPH Rules and
Regulations could result in a warning, suspension, or
possible account termination. Accounts terminated due to policy violations will not be refunded.

 

Your Privacy
We respect your privacy. All customer information stored electronically is done so in accordance with the data protection act. We will never pass on your information to third parties unless we are required to do so by law.

 

Managed Content Service (MSC)

Additions and/or changes to The Customer's website must be submitted in writing or email, please allow upto 48 hours for changes to be completed. if changes are more extensive more times will be allocated and you will be notified.

DPH's MSC provides for limited changes in a given month, thereafter standard charges will apply. additional charges will be invoiced and collected by Direct Debit, where possible.

MCS is provided on a initial 24 month contract with a rolling annual renewal.

 

Standard Design Service
The website will be created using text and images supplied by The Customer. Should these not be provided within fourteen days from the Agreement date, H4L reserves the right to substitute pertinent text and images. Any update of content (text and customer-supplied images) will be delivered free of charge as per the conditions of the applicable designer4life service plan – either via a professional designer, or may be  via a content management tool supplied by DPH.  Should any fundamental alterations to the website be requested a further charge will be applicable. Standard Charges to be at the rate of  £30 per hour – which is discounted for  Unlimited Design Service customers. Alternatively,  new designs, or re-design websites may be provided on a flat fee basis, the standard rate is £195 for a 5 page website – prices may vary subject to requirements, in which case the customer will be notified in writing. Any deferment of charges will become payable at the end of the contract, or at the time of termination of support services.

 

Designer4life
The Customer may action the DpH professional Design Team to integrate per page, text and image and content updates to the five page website using the Designer4life amendment tool. Standard Design service fees are waived for content amendments to each page for the duration of the contract.
This is subject to a fair useage policy

 

 

Customer Referal Discount
The H4L discount program provides the Customer with discounted services when the Customer introduces a new DPH customer to the Company. When this occurs a discounted Hosting and Support fee will take effect after the first 12 months after the Agreement start date.

Direct Debit Payments
Direct Debit payments for Hosting and Support fees will be taken under the name of 'Telkom Cashbacs International' upon delivery of the website and training via the H4L program. If a Direct Debit is returned unpaid then a charge of £15.00 will be applied to your account to cover bank charges. Where a Direct Debit has been returned unpaid twice DPH reserves the right to suspend your services until payments are upto date and the Direct Debit is re-established. Where The Customer continues to fail to pay the charges we reserve the right to cancel this agreement and remove their website from DPHs servers and The Customer will be refered to a Debt Recovery Agent.

 

Cancellation of Services and Refunds.
To cancel either service, The Customer can telephone DPH or email support, from an email address furnished by you when ordering your website service. Include The Companies domain name(s) and email address, for the web site that requires cancellation. Annual subscriptions cannot be refunded in parts. All services last atleast 12 months or as otherwise agreed and is treated as an annual rolling agreement. DPH requires a minimum of 3 months notice of cancellation prior to renewal anniversary date. The anniversary date is the first payment date. If not cancelled as per above, this agreement will commence for a further 12 months. If a product or service is discontinued, an alternative option will be offered. If a product or service is discontinued, refunds cannot be given in whole or in part

 

DPH to be Held Harmless
The Customer agrees that it will protect, indemnify, save and hold DPH harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable legal fees assessed against DPH, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold DPH harmless against liabilities arising out of;

 

1. any injury to person or property caused by any products sold or distributed in association with DPH Services;
2. any material furnished by The Customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright violation and any defective products sold to a customer from DPH.

 

Disclaimer
DPH will not be responsible for any damages The Customer's business may suffer. DPH makes no warranties of any kind, expressed or implied for services we provide. DPH disclaims any warranty or
merchantability or fitness for a particular purpose. This includes data loss resulting from delays, non-deliveries, wrong delivery, and any and all service
interruptions of any kind caused by DPH and its employees. DPH reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account
deactivation.
DPH wishes to emphasize that in accepting services, The Customer indemnifies DPH for the violation of any law or policy, that results in loss to DPH or the bringing of any claim against DPH. This means that if DPH is sued because of activities of The Customer that violate any law, or this policy, The Customer will pay any damages awarded against DPH, plus costs and reasonable legal fees. Should any portion of this Terms of Use Agreement be found to be in violation of any law in any locality, then this agreement shall be deemed to be modified only to the extent necessary to be considered legal and enforceable in such locality only.

 

Telephone Support
Telephone support on 01226 707703 during normal business hours.

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