General terms and conditions – Hosting service, Domain name registration/renewal and Website design. Freelance Computers reserve the right to change Terms and Conditions without prior notice. (last updated 9th June 2010)
Freelance Computers reserves the right to refuse service and/or access to its servers and/or services to anyone.
Freelance Computers does not allow any of the following content to be stored on the hosting servers:
1. Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
2. Refusal of service based on content matching either of these two criteria is entirely at the discretion of Freelance Computers.
Freelance Computers reserves the right to move your data to a different hosting server with no previous notice.
Freelance Computers will be registered as the 'Registrant' for all domain name registration requests, this is to safe guard Freelance Computers against non-payment of a domain name unless paid for in full before the registration date. If you, the client, require the registered domain name 'Registrant' to be changed to a different name a fee of £25.00 + VAT is payable. This can only be changed once a domain name has been paid for in full.
If a domain name expires, any website that is currently being hosted for this domain name will be removed/suspended regardless of any time remaining on the hosting service. Freelance Computers are not liable to restore your website to its previous state. Please note that if a suspended domain name is reinstated it can take up to 72 hours for this request to be completed and the website back up and running again.
Freelance Computers cannot be held responsible for any downtime in your service and subsequently loss of business due to not being able to receive emails and downtime of the Clients website.
If the Client chooses not to pay the invoice for a domain name renewal and the domain name consequently expires, Freelance Computers reserve the right to change the contact details of the domain name so that Freelance Computers have control of the domain name. If the Client does not renew their domain name it could be made available to the public for purchase and Freelance Computers can not be held liable for this.
If the Client chooses to transfer Hosting away from Freelance Computers or transfer a Domain name away from Freelance Computers, a £50.00 + VAT admin charge will be issued. No refund will be made for any outstanding subscription period that the Client may have left on the Hosting Services. If the Client choose to cancel a Hosting Service with Freelance Computers no refund will be made for any outstanding Hosting Service subscription period. In order to transfer Hosting away or transfer the Clients domain name away from Freelance Computers any invoices outstanding related to domain name renewals or hosting service(s) are to be settled in full before the transfer takes place.
If the Client does not renew their Hosting Service before the expiry date the website data and any emails stored on the Hosting Servers will be deleted and cannot be retrieved, Freelance Computers cannot be held responsible for the loss of data. If the Client chooses to re-instate their hosting service after it has expired a charge of £50 + VAT will be issued in order to re-instate the website and emails back to the original settings.
Freelance Computers reserve the right to check e-mail/webmail system when errors or issues may arise or if requested by the domain name owner, and to monitor e-mail throughout this period. Freelance Computers shall not be liable for the protection of privacy of e-mail. Due to the public nature of the Internet, Freelance Computers shall not be liable for the protection of the privacy of e-mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any e-mails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, the Hosting Servers.
Electronic mailing lists and bulk e-mails sends
A limit of 1,000 e-mails per 12 hours is the maximum amount of e-mails that can be sent per domain name account. Please note that we do not tolerate unsolicited email, any customer who abuses this facility will have their account terminated and will be billed £750 + VAT.
If you cancel your Exchange email services, or do not renew by the due date stated on your invoice, any data that he held on our host in relation to your Exchange email will be immediately and permanently deleted from our hosting system. Accordingly, you are strongly advised to make appropriate copies of such data before your cancel your service or choose to not renew your service before the expiry date stated on your invoice. Freelance Computers shall not be liable for any data that may be lost if a service is canceled or not renewed before the expiry date.
Exchange email accounts cannot be downgraded, the Exchange email account has to be deleted from the host before a new PoP3 email account of the same name can be created, and this is not an automatic procedure. Freelance Computers charge an admin fee of £45 + VAT to downgrade an Exchange email account to a PoP3 email account.
Before any website design is carried out a deposit of 25% is payable up-front, this deposit is non-refundable.
Freelance Computers require 25% of the total cost of the website as a deposit to start work on your website, the remaining 75% is payable on the day the website goes live if this period is within 6 weeks, if the website takes longer than 6 weeks to go live, on week 6 a 50% payment is required on the website, the remaining 25% is payable on the day the website goes live.
Freelance Computers reserves the right to remove any website design work carried out that has not been paid for, this includes any updated pages or alterations that have been requested. Freelance Computers are not liable to restore the Clients website to a previous state, a charge will be made for the time it takes to restore the Clients website on a per hour or there part of basis. Freelance Computers hold all rights to the design, layout and code of all website designed unless stated otherwise. Open Source Software is not owned by Freelance Computers or the Client. No unauthorized duplication or distribution is permitted, a copyright statement is embedded into each page designed and must remain in tact.
It is the Client’s responsibility to check with Freelance Computers whether Open Source Software is being used or not. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time.
Whilst every precaution is taken to protect your website, new malware and viruses are being created every day which could cause issues with your website, Freelance Computers are not responsible for correcting websites that have been hacked, and are not liable for any information that may be lost. Freelance Computers will help restore your website to a previously backed up state, a charge may be applicable for this service. It is the clients responsibility to backup their website on a regular basis.
Where images used on the website have been purchased by Freelance Computers on behalf of the Client, these images are strictly for use on the website only. Freelance Computers are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
Freelance Computers are not required to send a complete copy of your website as part of the website design/hosting package. If you require a complete copy of your website in the form of a complete folder so that you may move your website to a new hosting server a charge will be made for the time it takes to deal with this request on a per hour or there part of basis. Freelance Computers reserve the right to refuse the release of a website if it has not been paid for in full.
Where asked to provide search engine optimisation for the Client, Freelance Computers do not guarantee any specific placement or high ranking on search engines.
Freelance Computers are not responsible for any websites created prior to 26th May 2012 that do not comply with the new EU Cookie Law. It is the clients responsibility to make sure that their website complies with this new EU Cookie law. Freelance Computers are not liable for any websites created that do not comply with the EU Cooke Law
Cookie control installation is provided without warranty or guarantee of any kind. We have undertaken testing with Cookie Control in multiple browsers but it is still possible that in some browser configurations Cookie Control may not function correctly. We will rectify any issues we find with Cookie Control but Freelance Computers are not under any legal or moral obligation to do so.
Freelance Computers do not accept any liability for non-compliance with EU / UK legislation. Cooke Control alone may not be enough to guarantee compliance with regulations and responsibility for this is not Freelance Computers..
Freelance Computers are not Legal Advisers, nor do we offer legal advice. This service provides you with tools that assist you in complying with the new Privacy and Electronic Communications Regulations, based on our understanding of the UK Government's implementation of said regulations. You should seek the advice of a lawyer if you want to guarantee the suitability of our services for your website.
Cookie Control, is provided "as is", with no warranties expressed or implied. Freelance Computers expressly disclaims, to the fullest extent permitted by law, all express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights.
Freelance Computers reserve the right to suspend a website with immediate effect if there is a dispute over the design, layout, code, copyright or payment. Freelance Computers are not liable for loss, damage or corruption to files or information stored on the Hosting servers or individual PCs relating to a Client's website.
Freelance Computers reserve the right to limit FTP access to the website, FTP access is available at an additional cost and certain areas of the access can/will be limited to the Client.
If changes and update to your existing website have been requested and are not paid for by the due date stated on your invoice Freelance Computers reserve the right to remove these changes and updates.
Freelance Computers are not liable for any software installed on your PC that is not legal or licensed, it is the users responsibility to make sure that all software is legal and paid for where licenses are due, any violation against software is at the users risk and not placed upon Freelance Computers, even if Freelance Computers have been requested to install the software on the clients behalf.
Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services.
In situations where payments for hosting service(s) or domain name registration/renewals are past the due date Freelance Computers reserves the right to immediately suspend these services.
Freelance Computers cannot be held responsible for any downtime for anything adversely affecting the Client's business operation, sales or profitability that might be claimed in a result of a service offered by Freelance Computers.
Please note that whilst your email is primarily used for billing purposes, Freelance Computers reserves the right to email you information about enhancements to our services and product offerings.
We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that Freelance Computers may use for the purposes of delivering specific services to you (e.g. customer support).
Freelance Computers reserves the right to cancel the service at any time. In this event the Client will be entitled to a pro-rata refund based upon the remaining period of Hosting Service. If the Client contravenes Freelance Computers terms of service a refund will not be issued in the event of a cancelation. If the Client chooses to cancel the service for whatever reason a refund will not be issued for the remaining period of the Hosting Service. Domain name registrations or renewals are not refundable.
Clients who have standing orders to send payment on account who if in credit, require a refund will be entitled to this but in the same amount per month that was setup as the standing order amount sent to Freelance Computers.
Customer agrees that it shall defend, indemnify, save and hold Freelance Computers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Freelance Computers, 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.
Customer agrees to defend, indemnify and hold harmless Freelance Computers against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Freelance Computers; (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 Freelance Computers hosting service.
Freelance Computers uses services from third party companies in order to register domain names, renew domain names and to host domain names/website's, the customer must comply with all terms and conditions/disclaimers of these third party companies, these terms and conditions can be supplied on request.
Freelance Computers will not be responsible for any damages your business may suffer. Freelance Computers makes no warranties of any kind, expressed or implied for services we provide. Freelance Computers does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Freelance Computers cannot guarantee to be able to replace lost data. Freelance Computers 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 Freelance Computers and its employees. Freelance Computers reserves the right to revise its policies at any time without notice.