TERMS OF SERVICE
Supake Ltd can provide web services, including hosting, incoming email, outgoing email, site design and all other related services and also provides accounting systems with related and supported technical services to business and home users alike.
Supake reserves the right to suspend or cancel a customer's access to any or all services provided by Supake when Supake decides that the account has breached the Terms of Service.
"Charges" means the charges payable by the Customer for the provision of the Services details of which can be found on the Company's Website through http://www.Supake.co.uk.
"Company" means Supake Ltd at 3 Ridgedale Road, Bolsover, Chesterfield, Derbyshire, S44 6TX, England.
"Commencement Date" means the date upon which the Company confirms acceptance of the Customer's offer to pay for the Services in accordance with these Conditions.
"Credit/Debit Card" means any credit card or debit card issued by financial institutions which is acceptable to the Company and include but are not limited to Master Card, Switch Card, Delta Card and Visa Card.
"Order" means a request made by the Customer to the Company for Services to be supplied subject to these Conditions.
"Customer" or "User" or "End User" means the end user or company that purchases or makes use of any product, service or work that is offered or provided to them by Supake.
"Specified Service" means the Service ordered by the Customer.
USE OF SERVICES
It is the sole responsibility of the user to evaluate and satisfy themselves as to the suitability of any product or service provided by Supake within their own environment and that it is suitable for the purpose it is required for.
The user accepts that all functionality, issues arising out of the use of the product, all software, any additional services provided by Supake and that all documentation are supplied strictly on an 'as is' basis only.
The user also accepts full and total liability as to the suitability and accuracy of the product and all related services provided by Supake for any possible losses, financial or otherwise, that may be incurred.
Modifications to the product will only be undertaken at the discretion of the Managing Director at Supake Ltd. No third party, dealer, distributor or representative, either acting on behalf of or otherwise of Supake Ltd are otherwise authorised to accept requests for modifications.
All requests for modifications and enhancements must be supported with full documentation and specifications. No verbal or undocumented requests will be considered.
Where a custom modification and/or 3rd party integration is required, upon agreed terms and documented specifications, only the modification/integration agreed will be completed by us on a time and cost basis and any other consideration will be dealt with as a separate issue.
Certain products may be licensed for use on one computer system at the registered site, or in the case of a multi-user system, for the use on one local network at the registered site solely for use by the registered company. This license is not transferable.
Maximum penalties will be sought against any party found illegally copying, distributing or using this product.
Supake Ltd exclude any and all implied warranties, including warranties of merchantability and fitness for a particular purpose and limits the registered end-user's remedy to return of the original software diskettes (or other originally supplied media) and user's manual for replacement if the media becomes defective within a 12 month period.
Proof of purchase and return carriage must be enclosed. No dealer, agent or employee is authorised to make any modification, extension or addition to this warranty. If any of the provisions, limitations, or exclusions contained herein are invalid under applicable statute or rule of law, they are to that extent deemed omitted.
If any of our terms & conditions are unacceptable in any way, then we unable to offer any of our products or services to you. We would advise you to contact us to discuss any concerns you may have before you make your purchase as refunds are not given if the product is found to be unsuitable in any way after your purchase.
Free Support and any available updates will be provided where an appropriate support contract has been purchased (including those as part of a package specifically provided) and is in force or alternatively, individual support calls and updates may be purchased as and when they are required.
Any support call or update that is required where no support contract is in place, must be paid for in full prior to the support or update being supplied. Please call us on 0845 644 1670 for latest pricing details.
By accepting these terms and conditions you are agreeing that you have the necessary ability and knowledge to make use of the services offered by Supake.
Supake provides detailed help and instructions to assist in the use of these services. Email technical support is made available to all users requiring assistance at all levels, however Supake restrict this support to advice and information only and will not under any circumstances:
Assist in the development or design of content
Transfer files or folders
Optimize site content
WHERE the customer/client has the ability to do so, unless such services have been agreed by Supake.
SERVER USE (Web related services)
Supake reserves the right to refuse service and/or access to its servers to anyone.
Supake reserves the right to add or remove any of it's web services without notice.
Supake does not accept any liability for the use of any of its web, eCommerce, on-line forms, email services, etc, that it provides. It is the responsibility of the user to ensure that all required laws and compliances for any service and any used content that is offered or used from Supake either supplied directly of via the client and meets with any applicable requirements and licensing for any content or services used.
Supake do not allow any of the following content to be stored on its servers:
Illegal Material - In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.
Undesirable Content - We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.
Unlinked material: Files of any type which are not linked to from your web site hosted on Supake servers may be removed without warning to avoid the use of file storage on our servers.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
BANDWIDTH AND SERVER USAGE POLICY
In rare cases Supake may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Supake reserves the right to impose the High Resource User Policy for the consideration of all customers.
Backup and Maintenance - all data and material including any images, text, multi-media, etc, used in connection with your web site and related services is the sole responsibility of the site user, ie we do not maintain backups of any site content or database systems related to any products or services we offer. This also includes any content saved in any mailbox (note that all mailboxes are transient and should not be used to store information long term) and so you are advised to download all material and messages from your mailboxes.
Mail Services - all domains held and registered by Supake also provide a minimum mailbox service to enable you to retrieve email, ie an inbound 'pop' service. We do not supply outbound 'SMTP' mail services unless specifically requested and this service is not included in any domain or site package. SMTP services can be provided and are on a chargeable basis. Any SMTP service provided by Supake is not to be used for illegal or illicit purposes and the same bandwidth and usage policies also apply. Please note that Supake are not responsible for any other outbound mail server or service that you may choose you use, ie your own service provider or a third party product. Please contact your own SMTP provider for any technical support issues.
Web Sites - in the unlikely event your web site suffers a catastrophic failure, we will reconstruct the site from the content that we have and you will be required to restore any material and information that you have uploaded or changed. With regards to our eConcept systems we may periodically create a backup of all databases for maintenance purposes only and by request, can restore this data to the last backup created. All eConcept systems must run on our servers and will not be installed on any other server or system.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
Supake may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources available Supake reserves the right to suspend that site immediately.
In all cases the user will be notified by email of any foreseeable excessive use of bandwidth. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
Customers may be offered an option whereby Supake continues hosting the website for an additional fee.
ABUSE OF SERVICES
In the event that a domain or web site/content is detected as being used for abusive purposes, eg slander, violence, terrorism, explicit material, etc, the site will be immediately suspended without notice. You will be notified as to why the site has been closed and offered an opportunity to remove any offensive material. If your site content remains in an unsuitable state, your hosting package will be deleted and the appropriate authority may be informed. All .uk domains will be reported to Nominet and other domains to the relevant authority. If you wish to report any misuse or abuse you have received, please email us at email@example.com or use our online Contact Us form.
DOMAIN NAME REGISTRATION AND PRICING
When we agree to register a domain name (your web address) for a .uk domain, eg www.yourdomain.co.uk, the registration process is done directly with Nominet. When you agree to us registering your domain, you also accept the terms and conditions laid down by Nominet. To view the Nominet terms and condition, please visit http://www.nominet.org.uk/nominet-terms.
When requesting a domain name, we will first do a check to make sure that the name selected is appropriate (we will not register any inappropriate domains) and check it's availability. Where possible, we will also advise of any potential issues with a selected name (copyright, etc) and offer alternatives where possible. Once a name is selected, it will be registered via the appropriate channel with 48 hours of the approved request.
All prices quoted for domain name registration and their subsequent renewals, can be found on our main www.eConcept.co.uk site. All fees are quoted in packages, eg http://www.econcept.co.uk/prod-domains.asp. If there is any variation in the registration or renewal fee charged from those advertised, this will be agreed and confirmed in writing prior to registration or renewal. You will be notified by email before the renewal date of your domain name expires, allowing you to cancel any domain we have registered for you should you decide it is no longer required.
All domain names and related services are automatically renewed in advance on your behalf however, if no longer require the service or domain name and either want to transfer it or simply cancel (and so let it expire) we would request that you give us as much notice as possible, preferably before any renewal anniversary is due. In the even that we have renewed a domain or service that is no longer required, we would ask that where we are unable to cancel those services, they are paid for as normal. Please note that a domain name can be transferred at any time during the term of any agreement with us and we would request that you contact us via our Contact Us page to advise how and when you would like any transfer to take place. For security purposes, we will contact you to confirm your request is valid and may request further confirmation of any requested changes by email.
In the event you do not renew your services, eg web site, mailboxes, etc, with us then those services will be removed however, your domain name will still exist. If your domain name is not renewed before its expiry date you will have up to 30 days after to renew the domain name at the original renewal fee by making payment. After 30 days your domain name, less any associated services, will go into a 60 day grace period which you can still renew your domain name only but with an additional redemption fee of £25 plus VAT. This must be requested by email before the 75th day after your domain has expired, after 90 days after your domain will be removed and deleted from the register. Please note that once a domain name has expired and has been removed from the register, Supake cannot guarantee the availability and so the renewal of your domain name.
Any previously provided services, eg an eConcept site, a standard web site, mailboxes, etc, can then be re-created at our normal rates however there may be loss of data and emails due to the previous cancellation of said services. IMPORTANT: if you are unsure of any detail or implication this may have for you, please contact us to discuss it further.
GENERAL & OTHER SERVICES
Web Site Design, Construction & Content - all web site designs, construction and content is the property of Supake Ltd unless it has been specifically provided by the customer. All site code (excluding user provided content*), in all cases, is the property of Supake Ltd and is not transferable to any other provider or platform unless agreed with Supake in writing and after paying any fee's due. Any images, media, flash animation, etc and any design or edits created by and undertaken by Supake, remain the property of Supake and only original supplied artwork and code (where these are still available) are returnable. *All client and user provided including but not limited to media, images, sound, flash content, etc, are deemed to have been verified by the user and, where appropriate, applicable licenses obtained and fees paid. All code inc Java, HTML, ASP and other user supplied routines are deemed to have been verified by the user and, where appropriate, applicable licenses obtained and fees paid. Please refer to to the Indemnity section below regarding any possible infringements of any license or non-payment of service to any third parties that may arise.
Search Engine Services - While we try to get the best possible results, we do not offer nor guarantee any minimum 'hits' for site visits based on any Search Engine Optimisation or Submission service that we provide. Search Engine work is done based on your content (unless we have agreed to provide it) and so is limited to that site content. We currently submit to the mainstream Search Engines, eg Google, LIVE, Yahoo, ASK, etc, to promote your site. Our Search Engine packages and promotions do not include any type of Ad-Word or Click-through schemes.
Web Mail - Web Mail is provided and optimised for use with Internet Explorer 7 upwards. No guarantee is made that this service is available via beta, non-standard or mobile/wap browsers.
Contact Forms - Contact Forms are created based on specific requirement and as such, no filtering of data and content is made (unless otherwise agreed) when data is submitted, ie all emails are allowed through and so a suitable filtering product must be purchased and installed - please ask about protected mailbox service.
Anti Virus and Anti Spam - We do not offer any specific Anti Virus and Anti Spam service for any mailbox, web site or other service we provide unless otherwise agreed. Anti Virus and Anti Spam is provided on our Advanced Mailbox services however, you should still provide your own local Anti Virus and Anti Spam as a precaution. Supake accept no responsibility or liability for damage or loss arising from any Anti Virus and Anti Spam issues encountered.
Invoices are raised normally with a minimum of 14 days notice for any renewal service due. All invoices must be paid within the terms for that invoice and before any effective service renewal dates shown. Invoices are sent via email as either Text or PDF based messages to your nominated email address. Please ensure that you update us with any new email address as required to ensure invoices are sent the correct department or person. If you require paper copies, please send your request for this in writing. Where possible, copies (paper or PDF) can be provided if needed. A PDF Reader can be downloaded from the Adobe Acrobat (www.adobe.com/uk) web site.
All prices displayed on our web site are in Pounds Sterling, plus VAT (where applicable) and are subject to change without notice.
All accounts are set up on a prepay basis. Although Supake reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of pre-payment. Payment is due each anniversary year or quarter following the date the account was established, depending on the chosen payment frequency. Customers will automatically be invoiced again at the end of their prepay period unless closure notification has already been given by either Supake or the customer.
Supake reserves the right to suspend services until any outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
All accounts are payable on demand. In the absence of demand, payment in full for the goods supplied shall be made by the Buyer to the Seller on or before the fourteenth day following the date of the invoice. The Seller shall also be entitled to charge such reasonable costs as it may incur in recovering any overdue balances.
If the Charges are not paid in accordance with the Company's invoice, the Company shall be entitled so far as is permitted by law and without prejudice to any other rights it may have to charge interest on the outstanding amount.
Supake do not offer any refunds (either pro-rata or in full) for cancelled goods or services once they have been created, allocated or used on your request and behalf, unless previously agreed in writing and for funds deposited for a special purpose, ie deposits that are due to be normally repaid. All services including hosting and eConcept systems are pre-paid and cancellation of any services must be in writing and sent, post mark dated, before any renewal invoice is raised. Only duly authorised persons may cancel services and these requests must be submitted in writing.
We can accept payment via Visa, MasterCard, Switch, Cheque or Bank Transfer. We also accept Amex but make a 5% surcharge for this card type and also accept cash but please do NOT send cash in the post.
If you have any complaints or issues regarding any service or any fees charged, eg domain registration or charges, you need to bring this to our attention as soon as possible by sending an email to firstname.lastname@example.org or by visiting our Contact Form site at http://www.supake.co.uk/Contact_Us.html specifying the domain name and nature of your complaint and we will respond as quickly as possible. For .uk based registrations, you may also take your dispute or 'DRS' directly to Nominet however, we strongly advise that you contact us first to resolve any issues and ask that you also note that Nominet may make a charge for any DRS they provide.
If you are not satisfied with the initial outcome of your complaint or feel your complaint was not handled in a professional manor, please feel free to escalate your complaint to Nominet at:
http://www.nominet.org.uk/disputes/complaining-about-registrar/complaints-procedure who will be more than happy to help you.
All complaints will be carefully considered and replied to within 3 working days and we will endeavour to resolve any issues within 30 days of the initial complaint. Any other issues that cannot be dealt with in this time frame will be processed as promptly as possible with regular updates on the status of the complaint.
CONTACT WITH SUPAKE
You acknowledge and recognize that all contact with Supake in the first instance should be made via the online form available on our website here, or via our postal address:
Supake Ltd, 3 Ridgedale Road, Bolsover, Chesterfield, Derbyshire, S44 6TX, England
Tel: 01246 826557 Fax: on request
You agree that Supake is not obliged to offer telephone support as part of your agreement unless otherwise stated.
Our normal office opening hours are Monday to Friday 9:30AM to 5:00PM. We are occasionally open out of these times depending on circumstances. Please call us anytime and if we are available, we will take your call. Where required (training, holidays, etc) we may close these offices but alternative numbers and email addresses will normally be provided should you need to contact us in an emergency. If you send an email to us, please take note of any special instruction or detail that is sent to you so that we can deal with your query as quickly and efficiently as possible, if you do not provide full details, assistance may be refused. We aim to respond to all points of contact within 3 working days.
Customer agrees that it shall defend, indemnify, save and hold Supake harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal costs asserted against Supake, 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 by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Supake against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Supake's servers; (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 or via Supake's services.
Supake reserves the right to revise its policies at any time.
This document may not be copied or distributed without the express written permission of Supake.
This does not affect your statutory rights as a consumer.
If you have any further queries or would like to clarify any points regarding our Terms & Conditions, please contact us.
Supake Web Solutions from Supake Ltd, 3 Ridgedale Road, Bolsover, Chesterfield, Derbyshire, S44 6TX.
Company Reg No.: 6074344 VAT No.: GB 911 4025 73
This document may not be copied or distributed without the express written permission of the Managing Director of Supake Ltd.
© 2007 Supake Ltd