All Users of services provided by Ethos Information Technology, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.
NOTE: Pornography and sex-related merchandising are PROHIBITED on any Ethos Information Technology server.
NOTE: Spamming, or the sending of unsolicited email, from a FWD server or using an email address that is maintained on a Ethos Information Technology machine is STRICTLY PROHIBITED.
Any contract made with us does not affect the consumers' statutory rights .
1.0 INTRODUCTION – Ethos Information Technology (hereafter known as Ethos I.T.) provides website design, development and management, domain name registration, email management and World Wide Web page hosting. Ethos I.T. reserves the right to suspend or cancel a customer's access to any or all services provided by Ethos I.T. or their partners when Ethos I.T. decides that the account has been inappropriately used or that these Terms and Conditions have been broken in whole or part.
2.0 HOSTING AND EMAIL SERVICE - For the client's convenience, Ethos I.T. will offer the use of it's third party hosting service provided in partnership with our Hosting Supplier to host the client's website and provide email and other services. Although Ethos I.T. are happy to recommend this service, no guarantee is offered in respect of reliability or suitability.
Where Ethos I.T. consider that the services offered by our hosting service do not meet the requirements of the client or that an increased level of technical support is necessary, Ethos I.T. will endeavour to find a suitable service to host the client's website and provide email services. In this case, the client will deal directly with the hosting service in respect of service, technical support and hosting costs.
2.1 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 the 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, personal ads and links. Ethos I.T. reserves the right to refuse service and /or access to its servers to anyone.
ETHOS I.T. DOES NOT ALLOW ANY OF THE FOLLOWING CONTENT TO BE STORED ON ITS SERVERS:
2.2 ILLEGAL MATERIAL - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any United Kingdom or International law or Federal, State or local regulation.
2.3 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 Ethos I.T.. 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.
2.4 UNLIMITED USE POLICY - In rare cases, Ethos I.T. 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 by having high bandwidth usage. In such instances, Ethos I.T. reserves the right to impose the High Resource User Policy (see 2.5 below) for the consideration of all customers.
2.5 HIGH RESOURCE USER POLICY - Resources are defined as bandwidth and/or processor utilisation. Ethos I.T. may implement the following policy at its sole discretion: When a website is found to be monopolising the resources available Ethos I.T. reserves the right to suspend that site immediately in order to communicate with the client. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of servers.
2.6 TECHNICAL SUPPORT - Unless otherwise arranged, the website hosting and email services are provided by a third party (our Hosting Supplier) in partnership with Ethos I.T.. Ethos I.T. has no influence in relation to the hardware, software and technical support offered by the third party and is not responsible for technical deficiencies or breaks in service when they occur. Should technical support be required by a client, an email should be sent to Ethos I.T. and the matter will be dealt with via the third party.
3.0 website DEVELOPMENT SERVICES - During website development, progress can be tracked by the client using a specific domain name provided by Ethos I.T.. Key milestones are based upon Ethos I.T. and the client both completing their agreed obligations within the agreed timescales.
3.1 website DEVELOPMENT PROPOSAL AGREEMENT - The website Development Proposal Agreement is issued in either long or short form depending on the size of the proposed website. It forms the agreement between Ethos I.T. and the client to adhere to their mutual responsibilities and timescales in respect of the proposed website development.
3.2 website HOSTING AGREEMENT - The website Hosting Agreement is issued in order to confirm that the client wishes Ethos I.T. to commence instructions to provide hosting and email services. In order for this to be commenced, the client must take all reasonable steps possible to ensure that existing Domain Names are transferred to our hosting service.
3.3 once acceptance of a quotataion has been received by Ethos I.T. by way of signed hard copy or by way of email from a person accepting responsibility for the project then an agreement has been reached between the two parties to carry out the work stipulated in the quotation. In the event of a client cancelling the project after this stage then fees will be due for any work carried out to that stage. This will be priced at our current hourly rate. If the grey site stage has been reached prior to cancellation of the project then at least 60% of the project costs will be due.
4.0 INVOICING POLICY - (website development) Payments for website development services must be paid within agreed criteria. When the design stage has been completed, then not less than 25% of the agreed cost amount will be invoiced. When the grey site has been completed and is available for view on the Internet, Ethos I.T. will issue an invoice for not less than 25% of the agreed cost amount. In the event that invoices issued at any stage are not settled promptly, the continued development of the website will, at the discretion of Ethos I.T., be suspended until cleared payment has been received.
Where the provision of site content is the responsibility of the client and a delay in excess of three weeks is experienced, Ethos I.T. reserve the right to charge the full invoice amount prior to the development work continuing. Once the development has been fully completed, a further invoice for completion and hosting will be issued and must be settled with cleared funds within 30 days of receipt of invoice. The completed site will be uploaded ‘live’ onto the Internet once payment has been received.
4.1 PAYMENT - In accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all invoices paid late. Our terms are strictly 30 days from the invoice date. The interest rate applicable will be 2% above base rate pa (proportionately).
Ethos I.T. reserves the right to suspend or terminate the client’s services where payment is not made within 30 days of payment becoming due.
The Client shall bear the legal costs incurred by Ethos I.T. if an invoice is not paid after 30 days.
PAYMENT POLICIES (Hosting) - All accounts are set up on a prepay basis annually by cheque or bank transfer. Although Ethos I.T. 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 each anniversary year from the date the account was established (i.e. the website was released for full World Wide Web exposure).
Customers will automatically be invoiced 30 days prior to the end of their annual prepay period unless closure notification has already been received. In situations where a payment due is not received prior to the start of a pay period, Ethos I.T. reserve the right to immediately suspend all on-line services, including email until the outstanding charge is processed successfully. In addition, Ethos I.T. reserves the right to suspend other services including email until any 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.
4.2 PAYMENT OPTIONS - In order to streamline our accounting procedures and keep costs down Ethos I.T. runs a limited number of payment options as follows:
4.3 CHEQUE PAYMENT (Hosting/Email) - This option is only available to customers who pay annually for their Ethos I.T. account. Ethos I.T. cannot guarantee that a service will be provided until after any received cheques have been cleared
4.4 PAYMENT FOR website DEVELOPMENT SERVICES - Payment by cheque is welcomed.
4.6 CANCELLATION AND REFUNDS - Ethos I.T. reserves the right to cancel the service at any time when Ethos I.T. decides that the account has been inappropriately used or that these Terms and Conditions have been broken in whole or part. If a customer contravenes Ethos I.T.’s terms and conditions a refund will not be issued in the event of a cancellation. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services, which were offered as start-up incentives in the result of a cancellation.
Customers may cancel their account at any time giving 30 days notice and in this event customers will be entitled to a pro rata refund based upon the remaining period of their account.
4.7 SITE OWNERSHIP - Ethos I.T. retains ownership of the website until all outstanding invoices have been settled with cleared funds. After this the rights of ownership of the site pass entirely to the client.
5.0 DOMAIN NAME REGISTRATION - We will register World Wide Web Domain names with the appropriate authorities at the request of the client. Unless instructed, we will commence hosting procedures using our own hosting service. Once cleared payment has been received, the Domain name becomes the property of the client for the published registration period. Domain name certificates where applicable, will be forwarded to the client upon receipt.
Should the client not require web design or hosting services, Ethos I.T. will agree to park the domain name free of charge for a period not exceeding 6 months after which normal hosting charges will come into effect in line with published prices. No bills or invoices for domain name purchased via our website at www.Ethosit.co.uk will be sent by regular mail unless payment has not been received following the issue of an invoice by email. All invoices will be sent directly to customers via email shortly after the online purchase has been made.
In the event that the client requests that the domain name(s) be transferred to another service, our refund and cancellation policy will become effective. We will not agree to any transfer if there are any unpaid invoices outstanding.
6.0 SEARCH ENGINE OPTIMISATION & REGISTRATION –
If search engine promotion is included in the project the client understands that
- Ethos I.T. cannot guarantee any particular search engine ranking or placement. Ethos I.T. do not have any influence over placings within search engines nor is any implied.
- Submission to the majority of search engines and directories does not guarantee entry
- Ethos I.T. cannot be held responsible for any loss financial or otherwise to your business due to an unexpected drop in your search engine rankings.
- The initial text content that we apply optimisation to shall be supplied by the client.
- Should the client make changes to any site text that we have optimised, the client understands that these changes may have an adverse effect on their search engine ranking.
- Search engine submissions are carried out one time only per engine unless otherwise stated.
- Ethos I.T. take no responsibility for the failure of any search made via an Internet search engine to display the client’s website.
8.0 THIRD PARTY SOFTWARE - Ethos I.T. may, from time to time recommend the use of third party software to enhance a client's website. This may for example include software for e-commerce or to allow clients to update their own website with text and graphics.
Ethos I.T. offer no warranty in respect of third party software and are not responsible for its operation, maintenance or updating after installation. Ethos I.T. cannot be held responsible for any problems where clients carry out their own in-house site updating. Rectifying any problems caused by clients updating their own website will be charged at prices current at the time of the request.
9.0 INDEMNIFICATION - The customer agrees that they shall defend, indemnify, save and hold Ethos I.T. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor's fees asserted against Ethos I.T., 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 Ethos I.T. against liabilities arising out of;
(a) any injury to person or property caused by any products sold or otherwise distributed in connection with servers;
(b) any material supplied by a customer infringing or allegedly infringing on the proprietary rights of a third party;
(c) copyright infringement and
(d) any defective products sold to a customer from Ethos I.T..
9.1 DISCLAIMER - Ethos I.T. will not be responsible for any damages your business may suffer. Ethos I.T. makes no warranties of any kind, expressed or implied for services we provide, or the services of our third part hosts (our Hosting Supplier). Ethos I.T. 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 Ethos I.T. and its employees. In any event Ethos I.T. shall not be liable to the Customer in connection with the performance by it of the Services in contract, tort, negligence or otherwise for any consequential or indirect loss, including but not limited to loss of business, goodwill, contracts, profits, anticipated savings or any type of special indirect or consequential loss (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or Ethos I.T. had been advised of the possibility of the Customer incurring the same.
10.0 FREEDOM TO USE IDEAS - Ethos I.T. and any other entity (whether or not incorporated) which carries on business under a name which includes all or part of the Ethos Information Technology name or is otherwise within (or associated or connected with an entity within) will not be prevented or restricted by this Contract from developing and using any techniques, ideas, concepts, information or know-how relating to methods or processes of general application including those in the field of web development, information technology and business processes.
11.0 CUSTOMER’S RESPONSIBILITIES - The Customer shall provide all information and materials reasonably required to enable us to provide the Services and perform the Contract Works. The Customer warrants that all information disclosed or to be disclosed to Ethos I.T. is true, accurate and not misleading in any material respect.
The Customer accepts responsibility for ensuring any text or image (either electronic or printed) provided to Ethos I.T., does not infringe copyright or any other laws.
The Customer accepts that if the use of any text or images provided by the Customer results in Ethos I.T. infringing copyright or any other laws, the Customer will be legally liable to pay any fees, fines or other costs associated with their use and publication.
Ethos I.T. reserves the right to revise its policies at any time without notice.