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Terms and Conditions:
Website Development:

Nemysys (UK) Ltd will work from the customer’s requirements to create the defined internet web service.  The customer is responsible for:

  • Providing the basic information on the customers’ business

  • Providing electronic versions of logos and specific graphics/pictures

  • Validating and approving the content of the website

Website hosting:

Nemysys (UK) Ltd provides Web Services through a direct hosting service.  The customer agrees and acknowledges that with these internet services there may be unplanned and unpreventable downtime.  Service availability is normally over 99.5%, but there is no claim to 100% availability.

General terms:

The customer agrees and acknowledges that Nemysys (UK) Ltd is to be free from all liability in relation to these Web Hosting services.  Nemysys (UK) Ltd will not be liable for downtime, loss of revenue, loss of data and/or any undesirable effects, which may arise from the use of services provided by Nemysys (UK) Ltd or any of its partners or sub-contractors.

The customer agrees and acknowledges that Nemysys (UK) Ltd may choose to reject any site or domain name, which violates the Terms of Service in any way.  The domain name which the customer wishes to be hosted with Web Hosting services must meet the requirements of the Terms of Service, including, but not limited to, adult nature of the actual name or site, illegal content as stated in the name or published on the site.

The customer agrees and acknowledges that the domain name and site, which will be used with the Web Hosting services, meet the requirements of the Terms of Service.

The customer agrees and acknowledges that any set-up fees charged by Nemysys (UK) Ltd are non-refundable under any circumstances.

Nemysys (UK) Ltd will not be responsible for content or data loss.  Back-ups are a matter of normal procedure and for convenience only.  Users should at all times keep a copy of their own essential data on their own computer for emergency back-up purposes.

The customer will not attempt in any way to deny service or access to others using the Internet by such means as mail bombings, software pirating, or mass mailings. (Spam)

The customer agrees to not submit any illegal, offensive or pornographic material for hosting.  Use of this material will be grounds for termination of the customer’s account.

Nemysys (UK) Ltd claims the right to refuse service to any customer it feels is in violation of any of the Terms of Service. 

All services provided by Nemysys (UK) Ltd must be used for lawful purposes only.  The customer agrees to indemnify and hold harmless Nemysys (UK) Ltd from any claims resulting from the use of the services.  The purchaser will ensure that its use of the Internet complies with all applicable laws and regulations.

In the event a customer does not pay his fees by the due date, Nemysys (UK) Ltd shall have the right to discontinue service.  Nemysys (UK) Ltd shall have the right to delete all files, information and mail under the account. 

The customer certifies he or she is legally able to enter into contracts.

Nemysys (UK) Ltd reserves the right to suspend services to the customer at any time, and for any reason with or without notice.

Charges for services under the agreement shall be in accordance with Nemysys (UK) Ltd’s price schedule in effect at the time service is rendered.  Nemysys (UK) Ltd shall have to right to change its price schedule on 30 days notice for continuation or additional services.

There are no warranties, expressed or implied with respect to any all products and services.  Any party for the content of the information shall not hold Nemysys (UK) Ltd liable, data and materials stored or transmitted through its systems and shall not be held liable by any party for such content.  Neither Nemysys (UK) Ltd nor anyone else who had been involved in the creation, production, or delivery of this service will be liable for any direct, indirect, special, exemplary, consequential, or incidental damages (including damages for loss of business profits, business interpretation, loss of business information, and the like) arising out of the delivery, use of, or inability to use Nemysys (UK) Ltd services, systems, and or machines.  The sole cumulative liability of Nemysys (UK) Ltd for any and all claims made by subscribers or any other party, regardless of forum, shall not exceed the fees and charges paid to Nemysys (UK) Ltd during the most recent one-month period.  This specifies customers and any other party’s sole monetary remedy. 

This agreement shall prevail not withstanding any variance with terms and conditions of any order submitted.  Use of Nemysys (UK) Ltd’s services constitutes acceptance of the terms and conditions of this agreement.

Technical support is limited to issues that are directly related to customers’ web hosting account.

Nemysys (UK) Ltd will communicate with one (1) assigned ‘contact person’, when communicating with a customer.

Nemysys (UK) Ltd reserves the right to change, update and append this agreement as necessary without notice.

 

Terms of Payment:

For Web Hosting services:  Payment by personal or business cheque or BACS transfer.  Payment for first year of service is payable in full in advance.  Any applicable set-up fees are payable in full in advance.  All invoices for services will be raised on signature of agreement, and are payable on presentation.

Penalties for non-payment of service:  If payment is not received on the due date, purchaser will receive an e-mail reminder the following day, and then at least three follow-up reminders by e-mail, including a “notice of pending account termination”, which is also sent by post.  If payments are not received four weeks past the due date, customers account and service will be terminated and the client will be required to pay an additional £100 set-up fee, plus a late fee amounting to 10% of the overdue amount, in additional to full payment of the overdue amount, in order to restore service to his/her services.  In the event of account termination, customers’ web site will not be visible on the Web.  Nemysys (UK) Ltd will not be responsible for any data lost due to an account termination.

If a cheque received by Nemysys (UK) Ltd for payment is returned for any reason, Nemysys (UK) Ltd reserves the right to suspend or cancel service until the payment, plus a £30 returned cheque fee, has been received by us.  Nemysys (UK) Ltd reserves the right to accept only postal money orders as payment if any cheque is returned for any reason. 

All hosting account cancellations must be sent in writing (by recorded delivery)  to be received by Nemysys (UK) Ltd by the 25th of the month prior to your hosting renewable month, This will prevent your account from being billed for the following years hosting period.

Nemysys (UK) Ltd will not refund any customer whose account is terminated due to violation of any of the Terms of Service. 

When a late payment fee is included on the customer invoice, it must be paid on or before the due date noted on that invoice.  Failure to pay late fee payments in full as indicated on the invoice may result in the immediate termination of the account without advance notice. 

If there are questions or disputes about late fee payment charges on an invoice, contact must be made with Nemysys (UK) Ltd immediately.

 

These Terms & Conditions are governed by English Law and will only be heard in the English Law Courts.
   
  Nemysys (UK) Ltd
 

A limited liability company registered in England and Wales.
Company Registration Number:  3695274.
Registered offices:  86 Withens Lane, Wallasey, CH45 7LR.
VAT Registration No:  794 7837 58

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