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.