The following terms and conditions apply to all website development / design services provided by Turquoise Designz Limited to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Turquoise Designz Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Turquoise Designz Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of Fifty (50) percent of the project quotation total before the work is started (this is a Non-refundable deposit). The remaining Fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
- Client Review
Turquoise Designz Limited will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Turquoise Designz Limited otherwise within ten (10) days of the date the materials are made available to the Client.
- Turnaround Time and Content Control
Turquoise Designz Limited will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Turquoise Designz Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by Turquoise Designz Limited.
In return, the Client agrees to delegate a single individual as a primary contact to aid Turquoise Designz Limited with progressing the commission in a satisfactory and expedient manner.
During the project, Turquoise Designz Limited will require the Client to provide website content; text, images, movies and sound files
- Failure to provide required website content:
Turquoise Designz Limited is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages
Using our content management system you are able to keep your content up to date yourself.
Invoices will be provided by Turquoise Designz Limited upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
- Additional Expenses
Client agrees to reimburse Turquoise Designz Limited for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
- Web Browsers
Turquoise Designz Limited makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 10, Google Chrome, etc.). Client agrees that Turquoise Designz Limited cannot guarantee correct functionality with all browser software across different operating systems.
Turquoise Designz Limited cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Turquoise Designz Limited reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Turquoise Designz Limited’s Web space, Turquoise Designz Limited will, at its discretion, remove all such material from its web space. Turquoise Designz Limited is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Turquoise Designz Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Turquoise Designz Limited in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail requests for termination of services will be honoured. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Turquoise Designz Limited services may be used for lawful purposes only. You agree to indemnify and hold Turquoise Designz Limited harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Turquoise Designz Limited the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Turquoise Designz Limited permission and rights for use of the same and agrees to indemnify and hold harmless Turquoise Designz Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Turquoise Designz Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided in high quality in .gif, .jpeg, .png or .tiff format.
- Design Credit
A link to Turquoise Designz Limited will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Turquoise Designz Limited’s portfolio.
- Access Requirements
If the Client’s website is to be installed on a third-party server, Turquoise Designz Limited must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Post-Placement Alterations
Turquoise Designz Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Moving your website away from us
We don’t like to think of a client leaving us, but if a client should wish to maybe move their website away from us (clients who use our own web hosting), then we will be happy to assist with this transfer happening. However, we do need to make you aware of the following:
1. Any outstanding payment(s) due to us will need to be cleared first. If you have not paid for any services relating to the website, and/or domain name, web hosting, then you will need to make sure these payments are made before any transfer would be undertaken.
2. Providing all of your account charges are up to date, we will then assist you with a transfer to another web host, or web design company. They will need to contact us directly, so we can make sure the transfer completes without any unnecessary disruptions.
3. ONLY your website files and associated files that make the website work on internet will be transferred. Any work-up files, ORIGINAL images created by ourselves, help files or other non-essential file, program or software/script will not be transferred to your new provider.
4. If your website employs the use of a database then only the database content will be transferred. It will be up to your new supplier to provide the necessary database systems to import the data to.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Turquoise Designz will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
20. Governing Law
This Agreement shall be governed by English Law.
Turquoise Designz Limited hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Turquoise Designz Limited to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
23. IMAGE USAGE & SOURCING
All images sourced / Used are downloaded from pexel.com & unsplashed.com which grants us an irrevocable, nonexclusive, worldwide copyright license to download, copy, modify, distribute, perform, and use their photos for free, including for commercial purposes, without permission from or attributing the photographer or them. all other images used are at the clients discretion and fully the responsibility of the client to make sure they are fit for use.
Domain & Web Hosting Terms and Conditions
You indicate acceptance of these terms and conditions of service by placing an order with Turquoise Designz Ltd / Hashtag Hosting Ltd Ltd . These terms and conditions will not be varied for individual customers.
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 “downtime” means any service interruption in the availability to visitors of the Website;
1.1.2 “intellectual property rights” means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.3 “Turquoise Designz” means Turquoise Designz Ltd / Hashtag Hosting Ltd Ltd
1.1.4 “IP address” stands for internet protocol address which is the numeric address for the server;
1.1.5 “ISP” stands for internet service provider;
1.1.6 “server” means the computer server equipment operated by Turquoise Designz Ltd / Hashtag Hosting Ltd in connection with the provision of the Services;
1.1.7 “the Services” means web hosting, domain name registration, email and any other services or facilities provided by Turquoise Designz.
1.1.8 “spam” means sending unsolicited and/or bulk emails;
1.1.9 “virus” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”;
1.1.10 “visitor” means a third party who has accessed the Website;
1.2 Product specifications and details may be found at turquoisedesignz.com
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2.1 The Customer wishes to provide Turquoise Designz Ltd / Hashtag Hosting Ltd with data that will be hosted on Turquoise Designz’s servers and made accessible via the Internet.
2.2 Turquoise Designz Ltd / Hashtag Hosting Ltd provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.
3.1 Turquoise Designz Ltd / Hashtag Hosting Ltd shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to Turquoise Designz Ltd / Hashtag Hosting Ltd the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Turquoise Designz Ltd / Hashtag Hosting Ltd (“the Customer Software”), in a format specified by Turquoise Designz.
4 CHARGES AND PAYMENT
4.1 Payment methods include Gocardless and Bank Transfer.
4.2 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
4.3 Turquoise Designz Ltd / Hashtag Hosting Ltd shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.4 From time to time Turquoise Designz Ltd / Hashtag Hosting Ltd may make enquiries on the Customer’s company, proprietor or directors of the Customer’s company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.5 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
4.6 Should your chosen payment method fail Turquoise Designz Ltd / Hashtag Hosting Ltd will attempt to settle your invoice using any other payment facilities available on your account.
4.7 All services will renew until cancelled by the customer. Turquoise Designz Ltd / Hashtag Hosting Ltd emails the customers primary email address prior to renewal of services, it is the customer’s responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 30 days before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
5 IP ADDRESSES
5.1 Turquoise Designz Ltd / Hashtag Hosting Ltd shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where Turquoise Designz Ltd / Hashtag Hosting Ltd changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to Turquoise Designz Ltd / Hashtag Hosting Ltd (“Turquoise Designz’ software”) in order to use the Services, Turquoise Designz Ltd / Hashtag Hosting Ltd grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Turquoise Designz Ltd / Hashtag Hosting Ltd Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Turquoise Designz Ltd / Hashtag Hosting Ltd Software.
6.2 In relation to Turquoise Designz’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to Turquoise Designz Ltd / Hashtag Hosting Ltd a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website (“the Content”). For the avoidance of doubt, this Agreement does not transfer or grant to Turquoise Designz Ltd / Hashtag Hosting Ltd any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Turquoise Designz Ltd / Hashtag Hosting Ltd Software.
6.4 Turquoise Designz Ltd / Hashtag Hosting Ltd may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Turquoise Designz Ltd / Hashtag Hosting Ltd shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 Turquoise Designz Ltd / Hashtag Hosting Ltd shall use its reasonable endeavours to make the server and the Services available to the Customer but because the Services are provided by means of computer and telecommunications systems, Turquoise Designz Ltd / Hashtag Hosting Ltd makes no warranties or representations that the Service will be uninterrupted or error-free and Turquoise Designz Ltd / Hashtag Hosting Ltd shall not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 Overview of Turquoise Designz Ltd / Hashtag Hosting Ltd Hosting Platform: Turquoise Designz Ltd / Hashtag Hosting Ltd only uses Dell servers in its web hosting platform. Utilising state-of-the-art technology we have built a web hosting platform that is second to none. Our platform is designed in such a way that if any server fails, another server automatically and without delay takes over that server’s workload. For example, if one of our mail servers breaks down, another server automatically comes online with all the correct configuration, and takes over the work of the failed server. During this period no email is lost. As well as this, all data is stored in two large network disk arrays. Data is automatically synchronised between the arrays so that in the event of an array failing, the remaining array continues to serve data to the servers with no downtime. Each array is also backed up each night to a separate backup cluster which is then written to tape and stored offsite. Our backup procedure goes above and beyond the majority of web hosting companies.
7.3 For websites hosted under the managed basic hosting plan, Turquoise Designz Ltd / Hashtag Hosting Ltd carries out complete server data backups as described above in
7.2 for its own use in restoring servers in the event of systems failure, but Customers are responsible for taking their own backups of their Content including all website files and databases. Customers are provided with access to a hosting control panel through which such backups may be made easily. Under the standard hosting plan, Turquoise Designz Ltd / Hashtag Hosting Ltd does not include a data restoration service for individual customers, though this may be requested for a fee. Even though every effort is made to ensure data is backed up correctly, Turquoise Designz Ltd / Hashtag Hosting Ltd accepts no responsibility for data loss or corruption.
7.3 For websites hosted under the managed CMS hosting plan, Turquoise Designz Ltd / Hashtag Hosting Ltd will make and retain on behalf of the Customer a regular offsite backup of all Content including all website files and databases. Upon Customer request, a copy of these backups can be made available or copied to a specified location. Even though every effort is made to ensure data is backed up correctly, Turquoise Designz Ltd / Hashtag Hosting Ltd accepts no responsibility for data loss or corruption. Under the enhanced CMS hosting plan, Turquoise Designz Ltd / Hashtag Hosting Ltd will also endeavour to apply on a timely basis (and as applicable) all core Drupal, WordPress or Joomla CMS security patches and updates, as well as updates to any third-party components and plugins where requested by the Customer.
8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Turquoise Designz’ network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Turquoise Designz Ltd / Hashtag Hosting Ltd is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause
8.1 Turquoise Designz Ltd / Hashtag Hosting Ltd shall be entitled to withdraw the Services and terminate the Customer’s account without notice.
9 ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Turquoise Designz Ltd / Hashtag Hosting Ltd and the password will be changed.
10.1 The Customer warrants and represents to Turquoise Designz Ltd / Hashtag Hosting Ltd that Turquoise Designz’s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Turquoise Designz Ltd / Hashtag Hosting Ltd as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Turquoise Designz Ltd / Hashtag Hosting Ltd shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
The Customer agrees to indemnify and hold Turquoise Designz Ltd / Hashtag Hosting Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Turquoise Designz Ltd / Hashtag Hosting Ltd arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit Turquoise Designz’ liability for death or personal injury resulting from Turquoise Designz’ negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of Turquoise Designz Ltd / Hashtag Hosting Ltd to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen
12.3 In no event shall Turquoise Designz Ltd / Hashtag Hosting Ltd be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Turquoise Designz Ltd / Hashtag Hosting Ltd had been made aware of the possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing with 30 days’ notice of its intention to terminate the Agreement.
13.2 Turquoise Designz Ltd / Hashtag Hosting Ltd shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customer’s account will be deleted.
14.1 Turquoise Designz Ltd / Hashtag Hosting Ltd may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Turquoise Designz’ prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of Northern Ireland and the parties hereby submit to the exclusive jurisdiction of the Northern Irish courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Turquoise Designz Ltd / Hashtag Hosting Ltd will provide a full refund for that domain name, this will be the full limit of our liability.
20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.
20.3 Turquoise Designz Ltd / Hashtag Hosting Ltd Ltd / Hashtag Hosting Ltd will make reasonable endeavours to renew domains where the renewal fee has been paid. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.
Turquoise Designz Ltd / Hashtag Hosting Ltd is not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP, Python, Miva and ASP are installed and functioning on the web hosting system.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23.1 Web hosting accounts include unlimited bandwidth, subject to the following fair usage provisiom: accounts that host file distribution (including but not limited to music, video and software) are limited.
23.2 Web hosting accounts are prohibited from hosting hardcore pornographic material, hosting graphics or scripts for other websites, storing pages, files or data as a repository for other websites or as a backup, giving away web space under a domain, sub domain or directory.
24 SERVER USAGE
24.1 Should your web hosting account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
24.2 Turquoise Designz Ltd / Hashtag Hosting Ltd does not allow proxy sites of any nature to be hosted on its network.