Terms
Terms and Conditions
1 Interpretation
1.1 Definitions
Unless otherwise stated, the following definitions apply to this
document:
- "we," "us" and "our" are references to Carbonsoft LLP;
- "you," "your" and "client" are references to the person or
company paying or otherwise for services from Carbonsoft LLP having
entered into this agreement;
- "services" are web hosting, outsourced support, email and other
services or facilities provided by us to you;
- "web server" is the computer equipment operated by us in
connection to the services provided;
- "order" means a request made by the client to us for services
to be supplied subject to these terms and conditions;
- "charges" are the charges payable by the client for the
provision of services.
- "initial term" is the stated minimum time period over which the
service shall be provided to you.
1.2 Include
The words "include" and "including" are to be construed without
limitation.
1.3 Headings
The headings in this document are for convenience only and shall
not affect the interpretation of these terms and conditions.
1.4 Jurisdiction
This agreement is governed by English Law.
Whilst we consider the Terms in this Agreement are reasonable in
normal circumstances, if any one or more of these Terms shall be
judged to be void as going beyond what is reasonable but would be
valid if some part of these Terms were deleted or amended, such
Term shall apply with such modification as required to make it
valid.
2 Account Cancellations
No refunds will be issued for service cancellations. If you
cancel the service during the initial minimum term we reserve the
right to collect payment, in full and at the point of cancellation,
for the value of the service from the point of cancellation to the
end of the initial minimum term. Within the initial minimum term,
service provision will stop at the point at which cancellation
notification is received, or at a date determined by us. Once the
minimum term has been completed it will be necessary to give notice
to us of your requirement to cancel. The minimum notice period that
applies after the initial minimum term has been completed will be
communicated at the point of order. In the absence of a stated date
a 30 day notice period will apply outside of the minimum initial
term.
For services paid for by PayPal, cancellation of Subscriptions
and/or Recurring Payments will be deemed as cancellation of
service. Service provision will stop at this point, or at a
date determined by us.
3. Misuse
3.1 Spam / Unsolicited Mass E-mail
The sending of unsolicited email (SPAM) through our web servers
may result in the suspension or termination of the client's
services without refund. Mailing lists may be operated as long as
individuals choose to subscribe to receive mailings via clear 'opt
in' methods and a strict removal procedure is published in all
mailings. 'Safe lists' and other advertising related mailing lists
may not be operated.
3.3 Service Use
Under no circumstances must any of our web servers or other
services be used for the hosting, processing of, communication of,
reference to, linking to or be associated with any of the
following:
- nudity, pornography, anything of a sexual, lewd, or obscene
nature;
- violations of any copyright or any other right of any third
party;
- threatening, abusive, harassing, defamatory statements;
- illegal activities
- information or software containing or about any kind of
virus;
- hate speech or hate propaganda;
- content deemed by us at our sole discretion to be harmful to
us;
4. Billing
4.1 Invoices
The client agrees to supply appropriate payment for the services
received from us by the due date outlined on the invoices or at the
point of sale in relation to the services provided. Should payment
in full of any service not be received, Carbonsoft LLP may charge
interest on overdue amounts at the lesser of 5% per month or the
maximum non-usurious rate under applicable law. In addition
Carbonsoft LLP may terminate this agreement and / or suspend
services without notice if payment for services is overdue. All
invoices and payments are to be made and processed in GB Pounds
Sterling (£). Prices shown in any other currencies are to be
treated as a guide only and may be inaccurate due to changes in the
exchange rates.
4.2 Contract Minimum Term
The initial minimum term of the agreement shall begin on the
order date or, if specified, a different date that Carbonsoft LLP
declares and shall continue for the number of months stated to the
client at the point of ordering. Should an initial minimum term not
be stated, a 12 months initial minimum term shall be in force.
5. Backups
No guarantees are made of any kind as to the integrity or
availability of any backups of any element of the services provided
to the client.
6. Resource Use
Clients can request a package upgrade or temporary resource
increase at our costs quoted on request. Quoting for or providing
such resource is at our sole discretion. It is the sole
responsibility of the client to contact us in advance of requiring
extra resources.
Usage of the service is governed by a fair use policy and we
reserve the right to terminate an agreement if the resource usage
exceeds the contract terms or the fair use policy.
7 Sensitive Data
Clients are responsible for keeping their usernames, passwords
and other sensitive data safe.
9 Limitation of Liability
9.1 Indemnification
We are not responsible for any claimed damages, which may result
from our web servers going offline, or being unavailable for any
reason, or the interruption or failure of any kind to any service
provided from us to you. This includes damages which may result
from the corruption or deletion of data. The client agrees to
indemnify, defend and hold Carbonsoft LLP, its directors and
employees harmless from any incidental, indirect, direct, special,
exemplary, punitive, consequential or other damages whatsoever, for
loss of business profits, business interruption, loss of business
information, any other monetary or other loss arising out of the
use of or inability to use our services, or the provision of or
failure to provide services.
9.2 Violations
At our discretion we will fully cooperate with investigations of
violation of systems or network security at other sites and will
cooperate with law enforcement authorities in the investigation of
possible criminal violations. Clients who violate these terms and
conditions may incur criminal or civil liability.
We will be the sole arbiters as to what constitutes a violation
of these terms and conditions. The failure by a client to meet or
follow any of the above terms and conditions is grounds for service
suspension, deactivation or termination without refund.
10 Disclaimer of Warranties
The client agrees to use all our services and any information
obtained through or from us at the client's own risk.
We do not warrant or represent that the services will be
uninterrupted, error-free, or completely secure to the extent
permitted by applicable law we disclaim any and all warranties
including the implied warranties of merchantability, fitness for a
particular purpose, and non-infringement to the extent permitted by
applicable law, all services are provided on an "as is" basis.
11 Limitation of Damages
We shall not be liable to you for any lost profits, or any
indirect, special, incidental, consequential or punitive loss or
damage of any kind, or for damages that could have been avoided by
the use of reasonable diligence, arising in connection with the
agreement, even if the party has been advised or should be aware of
the possibility of such damages. Notwithstanding anything else in
the agreement to the contrary, the maximum aggregate liability of
Carbonsoft LLP and any of its employees, agents or affiliates,
under any theory of law (including breach of contract, tort, strict
liability, and infringement) shall be a payment of money not to
exceed the amount payable by customer for one month of service.
12. Amendments
We reserve the right to add, delete, or modify these terms and
conditions, our services, prices, web site and promotional material
at any time without notice. All clients are encouraged to review
this document on a regular basis to ensure they are aware of any
changes.
Any questions concerning the above stated terms and conditions
should be raised with us before ordering. The Client is deemed to
have agreed to this Agreement when commencing use of any of Our
Services.